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Draft Agenda Packet - 11-17-2020 CC HA Agenda (2)
- 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, NOVEMBER 17, 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 324 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 324 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 324 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 AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 1. Introduction of New Employee - Rachelle Barrera, Finance Manager. (Finance) 2. A Reason to Survive (ARTS) Update. (City Manager) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR I. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the increase to the contract with Basile Construction, Inc., in the not to exceed $112,411.03 for the P-1 Sewer Upsize Project, CIP No. 19-43, to complete the removal and replacement of the sewer main line. (Engineering/Public Works) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Jani-King of California, Inc., increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $250,000, due to the continuous need to provide specialized janitorial services to address public health and safety risks associated with the COVID-19 Pandemic. (Engineering/Public Works) 4 of 324 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all City -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc. for Pavement — Traffic Control Management Program Services, effective December 1, 2020 until November 30, 2021, for an amount not to exceed $99,920.00 by piggybacking onto the City of South Pasadena's Professional Services Contract. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #081716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2021 Freightliner M2106 XT Pro 70 Forestry Aerial Boom Truck in an amount not - to -exceed $209,265.45. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City approving the Rancho Arroyo Villas Subdivision Map and accepting on behalf of the public certain easements and authorizing the vacating of future unused easements and authorizing the Mayor and the City Clerk to sign the map. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of 50 feet of parallel "15-minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of East 8th Street, in front of the future "Market on 8th" at 41 East 8th Street to increase parking turnover for customers (TSC No. 2020-13). (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the removal of 92 feet of angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street to enhance safety at the street (TSC No. 2020-16). (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between West 8th Street and West Plaza Blvd, to increase parking 5 of 324 turnover for customers and employees of the nearby businesses, and to enhance safety at the street (TSC No. 2020-17). (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 832 East 20th Street (TSC No. 2020-18). (Engineering/Public Works) 14. National City Sales Tax Update Newsletter — Second Quarter 2020. (Finance) 15. Warrant Register #12 for the period of 9/16/20 through 9/22/20 in the amount of $3,457,747.54. (Finance) 16. Warrant Register #13 for the period of 9/23/20 through 9/29/20 in the amount of $552,469.99. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 17. Public Hearing and Adoption of a Resolution of the City Council of the City of National City establishing appropriations and corresponding revenue budget for $643,113 in CARES Act round three funding to Community Development Block Grant (CDBG-CV) activities and authorizing the submission of the Second Amendment to the 2019-2020 Action Plan that incorporates the CDBG-CV funded activities into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). (Housing Authority) 18. Public Hearing — Resolution of the City Council of the City of National City authorizing the execution of an Order of Vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) (Case File No. 2020-09 SC) (Planning) NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City: (1) approving an Affordable Housing Density Bonus Agreement with National City Pacific Associates, a California Limited Partnership, restricting the rent and occupancy of twenty six (26) units to low income households in exchange for two density bonus concessions pursuant to California Government Code Sections 65915 — 65918 for the development of 131 housing units located at 1105 National City Blvd. in National City; and (2) approving a Subordination and lntercreditor Agreement with Citibank, N.A, Wilmington Trust, and Riverside Charitable Corporation subordinating said Affordable Housing Density Bonus Agreement. (Housing) 20. Resolution of the City Council of the City of National City authorizing an appropriation in the amount of $65,000 to the General Fund City Clerk - 6 of 324 Elections Account from the General Fund fund balance for election costs associated with the November 3, 2020 General Municipal Election. (City Clerk) NEW BUSINESS 21. Notice of Decision — Planning Commission approval of a Coastal Development Permit for the proposed vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue in the Coastal Zone. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) (Planning) 22. City Council Meeting Schedule for January 2021. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 23. Community Services Update. (Community Services) 24. 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 - December 1, 2020 - 6:00 p.m. - Council Chambers - National City, California. 7 of 324 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Rachelle Barrera, Finance Manager. (Finance) Please scroll down to view the backup material. 8 of 324 Item # 11/17/2020 Introduction of New Employee Rachelle Barrera, Finance Manager (Finance Department) 9 of 324 The following page(s) contain the backup material for Agenda Item: A Reason to Survive (ARTS) Update. (City Manager) Please scroll down to view the backup material. 10 of 324 Item # 11/17/20 A REASON TO SURVIVE UPDATE (City Manager) 11 of 324 Creativity transforms Our Mission ARTS lifts young people to become confident, compassionate, and courageous community builders through the transformative power of creativity. ARTS I areasontosurvive.org Financial Impact: With an annual $125,000 obligation to the City of National City to meet the terms of our Master Service Agreement, ARTS pursues capital improvement projects, community art and design projects, offers arts -based programs for National City youth, and services and other opportunities families and residents ARTS I areasontosurvive.org $140,000+ ARTS @ Home, Community ARTS programs & projects $150,000 ARTS Center: Music Room Remodel $626,245 Total Impact Value +38% Increase between 2019 ($453,030) and 2020 14 of 324 Community Impact: Faced with all the challenges of COVID this year, ARTS managed to deepen and expand the reach of our programs / services to National City -- through virtual classes, improvements to the ARTS Center, Community ARTS projects, and enriching opportunities for youth and families through the community. ARTS I areasontosurvive.org 200+ Youth participants in ARTS @ Home programs 24 High School Internships (SUHI) 1 ARTS Center: Music Room Remodel 650+ ARTS Cares Kits Distributed 15 of 324 ARTS @ Home 2020 has been a year of crisis and radical reimagination. The ARTS Center has been closed since March, so we pivoted to virtual programming - ARTS @ Home - in the Spring. We work with: National School District, Community HousingWorks, Comic -Con Museum, and other partners to connect youth with creative arts and ARTS Cares Kits. ARTS I areasontosurvive.org Partnership w/ Community HousingWorks ARTS offered two 6-weeks virtual camps for more than 90 youth residents (TK - 6th grade), including 25+ youth at Paradise Creek Apartments. Community HousingWorks CHW ARTS I areasontosurvive.org rink" damentals of Drawing CASIZTep L%!� f /2 PZflC&/ 17 of 324 Partnership w/ National School District ARTS offered three 6-weeks virtual camps for more than 145 NSD youth (TK - 6th grade) ATIONAI CHOOL ISTRICT \— ARTS I areasontosurvive.org rii"140 damentals �. of Drawing CASIZTep /2 PZflC&/ 18 of 324 Teaching Artist: Leo Francisco PRr damentals of Drawing Take an adventure in art making. Explore different art media and new ways to express yourself creatively. Learn drawing techniques used by many professional artists and illustrators; skills that will help you be able to draw almost anything you see or imagine. Teaching Artist: Hill Young And, we're off! On a journey to your creativity -filled imagination. Time to make your chair your personal travel vehicle, to visit new places and explore the world! Where will we go? The sky's the limit. Technical drawing skills mixed with play, all while technically sitting in your own home. \ / ATE - /11 Pam/ vA\ 20 of 324 Tamarah & Areli From Paulette to Everyone: i need to do my arms better From Paulette to Everyone: can i do my own dragon From Gema to Everyone: people From Elizabeth to Everyone: Anamals From Alejandra to Everyone: dragons a and dinosaurs From Nathalya to Everyone: cute things From Gema to Everyone: panda From Paulette to Everyone: cartons or cute drawing From Nathalya to Everyone: people From Alejandra to Everyone: cartons flowers From Nathalya to Everyone: 000000000 From Me to Everyone: HW: take picture your work To: Everyone " Virtual Space: Connections & Conversatio Culminating Events: Virtual Exhibitio Jason Mraz Music Room A collaboration with the Jason Mraz Foundation and the Good Tidings Foundation, local designers engaged ARTS staff, teaching artists, and youth to design and remodel the music room at the ARTS Center. Our Young Artists in Harmony program will continue there in Spring 2021 -- and we'll begin a performance series for local musicians next year. ARTS I areasontosurvive.org 23 of 324 Community ARTS Through our Community ARTS projects, we're transforming the places we live, learn, and play through the power of youth creativity. ARTS I areasontosurvive.org 25 of 324 Our Process Connect ARTS connects with local businesses such as restaurants, markets and retailers ARTS I areasontosurvive.org Plan We identify key business needs and bring in experienced creative professionals to serve as teaching artists Youth Led Design Learn Teaching artists engage youth in hands-on classes and workshops to develop creative concepts Prototype Collaborate Teaching artists and youth work with your business to make changes and plan for a successful outcome Install Together we implement our work 26 of 324 Storefront / Facade Improvement Projects (American Awards) 27 of 324 Featured Work 28 of 324 Current Project 8th and B Development - Client Andrew Malick Infill i29 of 324 N co O O co Working with ARTS creates workforce and learning experiences for National City youth and builds a community of belonging. ARTS I areasontosurvive.org ARTV 31 of 324 Public art makes community healthier, inclusive, & more equitable ARTS I areasontosurvive.org "Why Public Art Matters" Americans for the Arts 32 of 324 Thank you! James Halliday Executive Director jhaIIidayareasontosurvive.org ARTS I areasontosurvive.org «-, CALIFORNIA NATIONALcm, =IPCOAPOa9TED OFFICE OF MAYOR ALEJANDRA SOTELO-SOLIS FOR IMMEDIATE RELEASE June 5, 2020 Contact: Nancy Valdivia-Ochoa, Mayoral Executive Assistant (619) 495-6180; nvaldiviaochoa@nationalcityca.gov Sweetwater High School 2020 graduating seniors recognized with temporary art piece at Kimball Park Bowl- "To the Class of 2020- CONGRATS!" National City, CA- Over the course of the last month, the National City community has come together to celebrate the over 700 seniors from Sweetwater High School. With the COVID-19 stay at home orders it has allowed for creative ways for alumni and community to celebrate the 2020 senior achievements. Today, Friday, June 5th the National City based non-profit- ARTS (A Reason To Survive), unveiled an interactive art piece (big enough for abiding by social distancing rules) that could celebrate the Red Devils as well as other promoted students within the city's limits. ARTS was approached late last month, by the Mayor's office to create the piece, after having heard many creative ideas from members of the public on how to recognize the students. Executive Director James Halliday shared, "Inspired by the resilience and resourcefulness of the graduating class of 2020 -- a year so unlike any other in our lifetimes -- we're honored and excited to present the message of hope and good luck in the Kimball Bowl: To the Class of 2020 - CONGRATS!" The temporary art piece will be up through the end of the month of June 2020. Mayor Sotelo-Solis stated "We are excited to publically celebrate all of our City's graduates and their accomplishments. Today, ARTs came through with a beautiful art piece to continue this community celebration! Please enjoy with social distancing in mind and please wear your face coverings. Cheers!" Per the County's Health Order, rules to enjoy the "To the Class of 2020- CONGRATS!" Art piece: • Maintain 6 feet of social distancing, • Wear Facial coverings • Stay within your family unit Additional recognitions were through The SUHi Foundation, where over 200 donors raised over $15,000 for personalized yard signs (photos & message) that were placed along the Mile of Cars on National City Blvd. The yard signs will be gifted to the Seniors on Friday, June 5th as they pick up their cap and gown. An aerial photo of all of the senior yard signs were placed on the Sweetwater Football field earlier this week for all graduates to receive as a "surprise" Senior class photo. ### National City is San Diego County's second oldest city. True to its motto, "In the Center of It All," the National City community is home to over 61,000 residents, 3000 businesses, a part of U.S. Naval Base San Diego, and the National City Marine Terminal of the Unified Port of San Diego, the most advanced vehicle import and export facility on the West Coast. A Reason To Survive (ARTS) is a creative youth development nonprofit and community arts center located in the heart of National City -- in Kimball Park. Through "ARTS After School" classes and workshops and "Community ARTS" projects, youth and young adults (ages 8-24) gain access to programs that advance their artistic abilities, build strong foundations in social - emotional well-being, deepen levels of civic engagement, and spark interest in creative future pathways. 1243 National City Boulevard / National City, CA 91950-6530 34 of 324 i i KIIIPTI 1 I wF' F', i -Miff "M11 • ' I NIIIMIIIMMIIIMMIF 35 of 324 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. 36 of 324 Item # 11 /17/20 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) 37 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the increase to the contract with Basile Construction, Inc., in the not to exceed $112,411.03 for the P-1 Sewer Upsize Project, CIP No. 19-43, to complete the removal and replacement of the sewer main line. (Engineering/Public Works) Please scroll down to view the backup material. 38 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING November 17, 2020 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City authorizing the increase to the contract with Basile Construction, Inc., in the not to exceed $112,411.03 for the P-1 Sewer Upsize Project, CIP No. 19-43, to complete the removal and replacement of the sewer main line. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engine PHONE: 619-336-4388 C'� ' APPROVED BY: EXPLANATION: See attached explanation. is Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $112,411.03 Funds available through previous City Council appropriations. ENVIRONMENTAL N/A ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF Adopt the Resolution. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation 2. Resolution 139 of 3241 EXPLANATON On June 2, 2020, City Council adopted Resolution No. 2020-97 awarding a contract in the amount of $1,394,292 to Basile Construction, Inc. for the P-1 Sewer Upsize Project, CIP No. 19-43. This project includes open trench construction to remove and replace approximately 1490 linear feet of 8-inch diameter vitrified clay pipe (VCP) with 12-inch diameter PVC sewer main, manholes, laterals, including pavement restoration. Construction has progressed satisfactorily through the project, and it is currently scheduled to be completed around December 2020. To date, staff has executed six (6) change orders totaling $107,908.45, which is approximately 7% of the contract amount, to address unforeseen conditions associated with existing underground utilities. The sewer main alignment that was identified in the plans had to be modified. This modification required additional exploratory potholing to locate the existing pipe, open trenching, removing an existing 60-inch storm drain pipe, installing the new sewer main line, and re -installing the 60-inch storm drain pipe. In order to complete the reestablishment of existing sewer laterals connected to the sewer main line and the excavation of jacking and receiving pits, staff is requesting that City Council approve an increase to the contract with Basile Construction, Inc. in the not to exceed amount of $112,411.03, above and beyond the original 15% contingency of $209,143.80. Original Contract Amount $1,394,292.00 15% Contingency $209,143.80 Additional Request $112,411.03 New Contract Amount $1,715,846.83 Funds are available in the Sewer Upsizing CIP expenditure account number 125- 409-500-598-2024 through previous City Council appropriations. 40 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Jani-King of California, Inc., increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $250,000, due to the continuous need to provide specialized janitorial services to address public health and safety risks associated with the COVID-19 Pandemic. (Engineering/Public Works) Please scroll down to view the backup material. 41 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Jani-King of California, Inc., increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $250,000, due to the continuous need to provide specialized janitorial services to address public health and safety risks associated with the COVID-19 Pandemic. PREPARED BY: Tirza Gonzales, Management Analyst II IpEPARTMENT: Engine g/ubl Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. f FINANCIAL STATEMENT: APPROVED 4.44 . FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various accounts for FY 2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing a Second Amendment to the Agreement with Jani-King of California, Inc. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Second Amendment to Agreement 3. Resolution 42 of 324 Explanation: On January 21, 2020, the City of National City entered into an Agreement with Jani-King of California, Inc., to provide kitchen cleaning services as needed and as directed by the City's Facilities Maintenance Supervisor to the Nutrition Center at 1415 "D" Avenue. The original Agreement is for a not -to -exceed amount of $14,500, and for an initial term of one year, with the option to extend for up to three, one-year extensions. On June 16, 2020, per Resolution No. 2020-82, City Council approved the First Amendment to the Agreement, increasing the not -to -exceed amount by $135,500 for a total Agreement amount of $150,000, expanding the scope of work to include all City - owned facilities, and extending the term of the Agreement to June 30, 2021. To date, the City has invested $97,000 in cleaning and janitorial services provided by Jani-King of California, Inc. to City -owned facilities. Due to the continuous demand of specialized janitorial services required citywide to address public health and safety risks associated with the COVID-19 Pandemic, staff is requesting City Council approval of a Second Amendment to the Agreement with Jani-King of California, Inc., increasing the not -to -exceed amount of the Agreement by $100,000, for a total Agreement amount of $250,000. Funds are appropriated in various accounts for FY 2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. 43 of 324 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JANI-KING OF CALIFORNIA, INC. THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and JANI-KING OF CALIFORNIA, INC., a Texas corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on January 21, 2020 ("the Agreement"), wherein the CONTRACTOR agreed to provide janitorial cleaning services at the Nutrition Center, 1415 "D" Avenue, for a not -to -exceed amount of $14,500, and an initial tear of five months, with the option to extend this term for up to 3 (three), one-year extensions. WHEREAS, on June 16, 2020, the City Council adopted Resolution No 2020 -82, approving the First Amendment to the Agreement by increasing the not -to -exceed amount by $135,500 for a total Agreement amount of $150,000, including an expanded scope of work to include all City -owned facilities, and extending the term of the Agreement to June 30, 2021; and WHEREAS, the parties desire to do a Second Amendment by increasing the not -to exceed amount of the Agreement by $100,000 due to the continuous need to provide specialized janitorial services which includes all City -owned facilities to address public health and safety risks associated with the COVID-19 pandemic. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The First Amendment to the Agreement, which was approved by City Council on June 16, 2020, increased the not -to -exceed amount to $150,000, expanded the scope of work to include all City -owned facilities, and extended the term of the Agreement by one year, from June 30, 2020 to June 30, 2021. 2. Due to the continuous need to provide specialized janitorial services to address on- going public health and safety risks associated with the COVID-19 pandemic the not -to -exceed amount of the Agreement is hereby increased by $100,000, for a total Agreement amount of $250,000. 3. The parties further agree that, with the foregoing exceptions, and the modifications of the First Amendment to Agreement adopted by the City Council on June 16, 2020, each and every other term and provision of the January 21, 2020 Agreement shall remain in full force and effect. 44 of 324 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY JANI-KING OF CALIFORNIA, INC., A TEXAS CORPORATION (Signatures of two corporate officers required) By: By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: (Name) (Print) (Title) By: Angil P. Morris -Jones (Name) City Attorney (Print) (Title) 45 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all City -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. (Engineering/Public Works) Please scroll down to view the backup material. 46 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc., increasing the not -to -exceed amount of the Agreement by $200,000, for a total Agreement amount of $420,412, expanding the scope of work which includes, but is not limited to, all specialized services offered to all City -owned facilities, and extending the term of the Agreement by one year to February 28, 2022, due to the immediate need for continuous services to address the demands of the COVID-19 Pandemic. PREPARED BY: Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION: See attached. DEPARTMENT: Engines' ng/blic Works APPROVED BY: • FINANCIAL STATEMENT: APPROVED: l/il lfe`�� ACCOUNT NO. APPROVED: Funds are appropriated in various accounts for FY2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution executing a Fourth Amendment to the Agreement with Countywide Mechanical Systems, Inc. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Fourth Amendment to Agreement 3. Resolution 47 of 3241 Explanation: On January 21, 2020, the City of National City entered into an Agreement with Jani-King of California, Inc., to provide kitchen cleaning services as needed and as directed by the City's Facilities Maintenance Supervisor to the Nutrition Center at 1415 "D" Avenue. The original Agreement is for a not -to -exceed amount of $14,500, and for an initial term of one year, with the option to extend for up to three, one-year extensions. On June 16, 2020, per Resolution No. 2020-82, City Council approved the First Amendment to the Agreement, increasing the not -to -exceed amount by $135,500 for a total Agreement amount of $150,000, expanding the scope of work to include all City - owned facilities, and extending the term of the Agreement to June 30, 2021. To date, the City has invested $97,000 in cleaning and janitorial services provided by Jani-King of California, Inc. to City -owned facilities. Due to the continuous demand of specialized janitorial services required citywide to address public health and safety risks associated with the COVID-19 Pandemic, staff is requesting City Council approval of a Second Amendment to the Agreement with Jani-King of California, Inc., increasing the not -to -exceed amount of the Agreement by $100,000, for a total Agreement amount of $250,000. Funds are appropriated in various accounts for FY 2021; funding for subsequent fiscal years is dependent on future appropriations as part of annual budget. 48 of 324 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JANI-KING OF CALIFORNIA, INC. THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 17th day of November, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and JANI-KING OF CALIFORNIA, INC., a Texas corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on January 21, 2020 ("the Agreement"), wherein the CONTRACTOR agreed to provide janitorial cleaning services at the Nutrition Center, 1415 "D" Avenue, for a not -to -exceed amount of $14,500, and an initial tear of five months, with the option to extend this term for up to 3 (three), one-year extensions. WHEREAS, on June 16, 2020, the City Council adopted Resolution No 2020 -82, approving the First Amendment to the Agreement by increasing the not -to -exceed amount by $135,500 for a total Agreement amount of $150,000, including an expanded scope of work to include all City -owned facilities, and extending the term of the Agreement to June 30, 2021; and WHEREAS, the parties desire to do a Second Amendment by increasing the not -to exceed amount of the Agreement by $100,000 due to the continuous need to provide specialized janitorial services which includes all City -owned facilities to address public health and safety risks associated with the COVID-19 pandemic. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The First Amendment to the Agreement, which was approved by City Council on June 16, 2020, increased the not -to -exceed amount to $150,000, expanded the scope of work to include all City -owned facilities, and extended the term of the Agreement by one year, from June 30, 2020 to June 30, 2021. 2. Due to the continuous need to provide specialized janitorial services to address on- going public health and safety risks associated with the COVID-19 pandemic the not -to -exceed amount of the Agreement is hereby increased by $100,000, for a total Agreement amount of $250,000. 3. The parties further agree that, with the foregoing exceptions, and the modifications of the First Amendment to Agreement adopted by the City Council on June 16, 2020, each and every other term and provision of the January 21, 2020 Agreement shall remain in full force and effect. 49 of 324 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY JANI-KING OF CALIFORNIA, INC., A TEXAS CORPORATION (Signatures of two corporate officers required) By: By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: (Name) (Print) (Title) By: Angil P. Morris -Jones (Name) City Attorney (Print) (Title) 50 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc. for Pavement — Traffic Control Management Program Services, effective December 1, 2020 until November 30, 2021, for an amount not to exceed $99,920.00 by piggybacking onto the City of South Pasadena's Professional Services Contract. (Engineering/Public Works) Please scroll down to view the backup material. 51 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc. for Pavement — Traffic Control Management Program Services, effective December 1, 2020 until November 30, 2021, for an amount not to exceed $99,920.00 by piggybacking onto the City of South Pasadena's Professional Services Contract. PREPARED BY: Luca Zappiello, Assistant Engineer Civil DEPARTMENT: Engin PHONE: 619-336-4360 EXPLANATION: See attached explanation. d . APPROVED BY: ublic Works FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 001-409-500-598-6573 (Traffic Monitoring/System Improvements) - $99,920.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION FINAL ADOPTION n STAFF RECOMMENDATION: Adopt the Resolution authorizing the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc. for Pavement — Traffic Control Management Program Services for an amount no to exceed $99,920.00 by piggybacking onto the City of South Pasadena's Professional Services Contract. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. City of South Pasadena's Professional Services Contract 4. Resolution 52 of 32, Explanation On October 16, 2012, the City of National City entered into an agreement with Bucknam Infrastructure Group, Inc., (Bucknam) to create a Pavement Management Program and perform the street sign inventory. The City was pleased with the comprehensive and efficient work performed by Bucknam. At this time, the Engineering/Public Works Department desires to enter in a new agreement with Bucknam and use a "Piggyback Contract" that Bucknam has with the City of South Pasadena (Attachment 3) in order to update the current -Pavement — Traffic Control Management Program Services (Attachment 2). In this case the City will benefit by using the same unit price that was used to award the contract in the City of South Pasadena. National City Municipal Code, Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. Staff has confirmed that the City of South Pasadena's Public Works Department contract with Bucknam was obtained through a Request For Proposal. The City of South Pasadena's procurement procedures are in substantial compliance with those in National City. On December 19, 2019, the City of South Pasadena entered into a one year agreement with Bucknam for the update of the Pavement Management Program (PMP), to develop a GIS-Based Asset Management System and integrating the PMP with other City asset information. Therefore, staff recommends that City Council authorize the Mayor to execute an Agreement with Bucknam Infrastructure Group, Inc. in order to update the current Pavement — Traffic Control Management Program Services, effective December 1, 2020 until November 30, 2021, for an amount not to exceed $99,920.00 by piggybacking onto the City of South Pasadena's Professional Services Contract. -1- 53 of 324 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUCKNAM INFRASTRUCTURE GROUP, INC. THIS AGREEMENT is entered into on this 17th day of November, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BUCKNAM INFRASTRUCTURE GROUP, INC. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to update the City's existing Pavement Management Plan. WHEREAS, the CITY has determined that the CONSULTANT is a provider of pavement and asset management to meet the City's needs and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO' DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to update the City's existing Pavement Management Plan, provide the City with a comprehensive report and develop a GIS-based Asset Management Information System integrating the different public works assets (e.g. pavement, traffic signs, curbmarking, catch basin, etc.). The CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will`become effective on November 17, 2020. The duration of this Agreement is for the period of November 17, 2020 through November 1, 2021. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will preform the following services as set forth in the attached Exhibit "A": a) Pavement Management (PMP) database to establish goals and objectives; b) Deliver the PMP maps in a GIS file format; c) Provide comprehensive training for the City's staff necessary to maintain the PMP; 54 of 324 d) Offer the use of the web -Portal in order to access to the PMP database; e) Assessment of the current public works assets as traffic signal, curb marking and catch basin. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Roberto Yano, Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Peter Bucknam, President of Bucknam Infrastructire Group, Inc., is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $99,920. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A"..Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. b. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the Standard Agreetnent Page 2 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 55 of 324 CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms, of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 56 of 324 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with allapplicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times. during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT hasbeen retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or -treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any .failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 57 of 324 selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party; but only to the extent that the use or disclosure thereof has • been'or.is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, thatthis indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ"competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims,. or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the Standard Agreement Page 5 of 12 City- of National City and Revised May 20I9 Bucknam Infrasti'uctuia Group, Inc, 58 of 324 employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor. Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or , recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 59 of 324 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro"date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be:. City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 60 of 324 by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the • representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. - TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 61 of 324 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other.like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano Director of Public Works/City Engineer Engineering and Public Works/City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Peter Buckram President Bucknam Infrastructure Group, Inc. 3548 Seagate Way, Suite 230 Oceanside, CA 92056 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST. AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has.a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 62 of 324 at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY,. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform. Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. • Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Bucknam Infrastructure Group, Inc. 63 of 324 H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor ,for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and coinmunications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or•by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, 'for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// Ill standaod Agreement Page 11 of 12 City of National City and Revised May 2019 Sucknam Infrastructure Group, Inc. 64 of 324 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney BUCI NAM INFRASTRUCTURE GROUP, INC. (Corporation —signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Page 12 of 12 City of National City and Revised May 2019 Bucknam Infrastiuctuue Group, Inc. 65 of 324 EXHIBIT - A October 27, 2020 Mr. Roberto Yano, P.E. Director of Public Works/City Engineer City of National City 1243 National City Blvd. National City, CA 91950 Subject: Proposal for Pavement —Traffic Control Management Program Services Dear Mr. Yano: It is our pleasure to submit our proposal to assist the City in continuing the proactive management of your Pavement Management (PMP) and Traffic Control -Sign Programs. With the City of National City moving toward automation through condition survey updates, Capital Improvement reporting (CIP), and GIS development, Bucknam Infrastructure Group, Inc. has identified a proactive and cost efficient method to assist the City in the continued success of your PMP / Traffic Control programs. Our team will focus our high -end pavement management expertise, annual working knowledge of National City's PMP dataset and GIS technology to optimize the City's management of the essential infrastructure management programs. Our PMP implementation services will provided through cost -conscience pavement inspections, annual work history updates, additional CIP reporting, alternative budgetary reporting, GIS support for the PMP and general database management. Our firm is unique in that we provide: •:• Relevant and accurate PMP services based on our ongoing work with numerous Los Angeles, Orange County and San Diego local agencies such as: o 10 San Diego/Inland Empire local agencies o 25 Los Angeles County local agencies (i.e. Sierra Madre, Rosemead, Covina, etc.) o 17 Orange County local agencies; and • Army Corps of Engineers ASTM D6433-18 compliant surveying, reporting and pavement analysis on an annual basis; • :• Our project manager has worked within the SoCal Pavement Management industry for over twenty (20) years and has worked extensively with MicroPAVER, StreetSaver and CarteGraph PMP software's through turn -key data conversion projects to long-term, proactive pavement CIP scheduling that relies on accurate and cost-efficient bid documentation; • Project/engineering experience that brings the understanding that MicroPAVER results are not set in stone; we proactively use the available data to enhance budget forecasting and CIP/O&M project planning; 66 of 324 B U C 1 i M 3548 Seagate Way, Suite 230 Oceanside, CA 92056 T: (760) 216.6529 iNFRASTRUCTURE GROUP, INC I www,bucknam•inccom • Our Project Manager, Mr. Peter Bucknam, served as the last PMP manager for the 2011- 12 PMP update for National City; • Cost effective street and right-of-way management methodologies, from the project kickoff through final reporting, gained through our Project Manager's experience and use of GIS tablet -based / digital roadway imaging surveys; and •: Professional Engineering experience through Mr. Steve Bucknam, P.E. who brings 40+ years of public/private local agency experience. Mr. Bucknam has served as City Engineer, Deputy City Manager, Design Engineer and Utilities Director for numerous public agencies. As Project Manager, my goal is not just to meet the requirements of this project but establish a living document (Arterial & Local pavement CIP) that will be used throughout the term of the CIP as well as implement achievable long-term infrastructure management goals in coordination with City schedules. Our deliverables will be used to strategize and improve upon the City's Pavement CIP for Arterial and Locals. By selecting Bucknam Infrastructure Group, Inc., the City of National City will receive a strong, knowledgeable, innovative, and communicative team with the experience to implement a cost- effective infrastructure management program. Our handpicked pavement/ROW management professionals are committed to delivering quality services to the City. Mr. Peter Bucknam will represent our firm for this project and can be contacted at 760-216-6529 (work) 714-501-1024 (cell) or email at peter@bucknam-inc.com. In order to streamline project management and work schedules, all work efforts will be conducted through our office in Oceanside, CA. Respectfully submitted, Bucknam Infrastructure Group, Inc. Peter J. Bucknam President/Project Manager 67 of 324 Project Understanding / Scope of Work Project Understanding / Approach We have defined detailed phases to the scope of work; 1. Project Implementation 2. Client Satisfaction 3. Project Schedule 4. Scope of Work (Major Tasks) a. Pavement Management Tasks (PMP); page 1-1 b. Sign / Curb Marking Inventory; page 1-12 c. Catch Basin Inventory; page 1-18 .- OALIFQNMIA NATVONALocini 3 :-_ 1) Project implementation TASK 1.1: Pavement Management - Project Kickoff The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of National City it will be essential to establish, up front, the Public Works/Maintenance pavement management priorities. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach to the street/sign/storm network, section ID management & 103 miles of street surveys (Arterials, Locals and Alleys), finalization of the scope of work and the review of schedule. This effort will build consensus between the Street Maintenance and Engineering departments as well as build stronger ARTERIAL and LOCAL maintenance programs. The first key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, TransNet compliance, and survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. Deliverable: Meeting minutes, revised project schedule (if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports • Minimum of three meetings during the project (kickoff, field, and status meetings) — minimum of eight (8) hours; • Field review meetings; • Monthly progress status reports will be delivered to City project manager. 1-1 68 of 324 Project Understanding / Scope of Work +-GALIFOANIA •-• NATIONAtet ♦ . U,COR1.01.1" ' Quality Control (QC) We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent of the original annual surveys will be re- surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 10 miles of arterial/local QC). Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be performed at the end of each survey week. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all street segments. PCI variance reporting will be performed where previous 2011 PCI data will be compared to newly inspected 2020 PCI data; if PCI's vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc. Bucknam will record/log any discrepancies between the previous and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval). Since we are collecting distress information on our field Tablets with the National City MicroPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of National City's street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. Over the past year, Bucknam has submitted twenty-two (45) compliant PMP reports for San Diego, Orange and LA local agencies, they include: Southern California PMP Clients Alhambra Aliso Viejo Bellflower Brea Compton Costa Mesa Covina Culver City Duarte El Segundo Fountain Valley Fullerton La Habra Heights La Habra La Palma La Verne Laguna Beach Laguna Hills Palmdale Pomona Santee Rancho Palos Verdes Rancho Santa Margarita Lake Elsinore Lomita Redlands Rialto Rosemead Lynwood Menifee Monterey Park San Clemente San Juan Capistrano Sierra Madre Newport Beach Signal Hill Huntington Beach Norwalk Irvine Vista Ontario Westminster South Gate South Pasadena Tustin Our surveys follow the accepted ASTM D6433-18 procedure requirements. A copy of the QA/QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. Our staff attends the OCTA PMP Distress Training Classes held in each year, 2011 thru 2020. 1-2 69 of 324 Project Understanding / Scope of Work +-9AL�FORNL —• rncnaroa ♦Inn In March 2020 our staff was acknowledged as "qualified inspectors and firm" to prepare Pavement Management Plans compliant with the OCTA Countywide Pavement Management Guidelines (this certification/compliance runs through June 2022). 2) Client Satisfaction TASK 2.1: Project Deliverables Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Engineering and Street Maintenance departments. Project success is created by delivering on three main factors; 1. Adherence to scope tasks and deliverables 2. Performing to the standard set by the Project Schedule; and 3. Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project Deliverable: Project Status Updates, as stated in Task 1.2 3) Project Schedule TASK 3.1: Work Flow/ Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (two field technicians will drive the proactive schedule). See key milestone dates from the project schedule below: • Project Kickoff — December 2, 2020 • Survey Completion —April 10, 2021 • Delivery of draft PMP — April 17, 2021 • City comments returned to Consultant — April 24, 2021 • Delivery of City CIP Final Report — April 30, 2021 o National City CIP data/Final Report, reporting and revenue projections will be submitted by April, 2021 o All necessary TransNet data, reporting and revenue projections will be submitted prior to April, 2021 • Implementation of MicroPAVER version 7.0.11— Any time after acceptance of Final PMP o One copy (.e70 file) of the MicroPAVER database will be delivered; 1-3 70 of 324 Project Understanding / Scope of Work VALI F..O R„IA �. rk'C[1RPOi ♦TT.P .. o All pavement and GIS data pertinent to the project deliverables will be submitted with the Final PMP report 4) Scope of Work (Major Tasks) TASK 4.1: MicroPAVER PMP Implementation / Update Work History Bucknam will establish a National City Pavement Management database by utilizing the Army Corps of Engineers "MicroPAVER" software. If the City elects to either purchase MicroPAVER or utilize Bucknam's license our staff will create all pavement segmentation for the City's Arterial and Local programs. Our staff will define all pavement segments utilizing ASTM D6433 standards and will ensure that all publicly maintain streets are within the database. The City will provide Bucknam with the current MS Excel -based PMP database being maintained by City staff. Our staff will review this data and determine if it will suffice for establishing the basic cornerstone of the National City PMP street segmentation. Based on the pavement M&R activities that has been performed by in-house staff as well as contractual maintenance, our staff will review all street activities that have been performed during the past four years. This data will be entered into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP reporting. Deliverable: Citywide Work History Report TASK 4.2: Conduct Pavement Condition Survey Once the pavement segmentation has been assessed and verified, the inspection of 111 Arterial, Local and Alley miles will be performed. Our survey methodologies will include the following approach based on the City's cost and benefit analysis: 1. Walking - All sections are surveyed through walking/windshield methodologies. Distress types will be collected based upon actual surface conditions and physical characteristics of the segment. 2. Surveying methods will be conducted by remaining consistent with MicroPAVER & the ASTM D6433-18 sampling guidelines while being flexible to current City requirements. All sample locations are observed through walking surveys; additional street factors such as unique distress areas found outside our sample areas will be recorded. As requested by National City staff, pavement sections to be surveyed for the upcoming 2020 PMP update are as follows: • The inspection of approximately 103 miles of MPAH Arterial and Local segments will be performed; 1-4 71 of 324 Project Understanding / Scope of Work CALI FORNtA taw MC.RYOD 41nT • The inspection of approximately 8 miles of Alley segments will be performed; • Recent overlay maintenance will reduce total mileage of survey - TBD Our staff will establish all inspection sample locations for survey based on ASTM PMP guidelines; Surveys are quality controlled with field operations during each week of inspection. Our use of MicroPAVER-Tablet units allows our staff to collect pavement data National City's MicroPAVER database live in the field. At the end of the day all electronic data is transferred to our office for quality control and management. Our Tablet methodology sets us apart from the competition since we are using a paper -less inventory process to enter data; this in turn generates cost savings to enhance the project schedule and other portions of the project services. with the City of such as CIP reporting, MicroPAVER training and on -call Roadway Verification Survey -A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below: 1. Field Attribute Data (updated and/or verified) From/to, indicating the assigned limits of the section, sample test areas, street name, Street ranking indicating local, arterial, collector, # of lanes, surface type Historical PCI tracking from previous inspections and 2020 PCI inspections Segment quantities, indicating the length, width, and total true area of the section • Pavement segment and PCI "Variance" analysis and report ADT volumes (if available from previous reports or current City documents) 2. Conditional data will be evaluated for all street segments and will include: MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area •:• PCI ratings (0-100), taking into account the surface condition, level of distress We welcome staff from the City to join our surveys. All pavement data will be entered into the City's purchased licensed software (version 7); Bucknam will assist with the purchase. If the City elects to not purchase the software Bucknam will utilize their own licensed version of MicroPAVER to complete the project. All items listed above will be maintained by our staff for the duration of this project. Data management will be performed in-house at our Oceanside office. 1-5 72 of 324 Project Understanding / Scope of Work +-OJILlF,ONNI+y�+- ,Tii0NIA L CtTy rkcrnxrdi' ' -- 3. Section Distress and PCI Reporting Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. This report will provide the necessary information within MicroPAVER for the City to use and manipulate projected street rehabilitation and maintenance projects. Included in the report will be updated pavement performance curves and maintenance decision models. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly. Our Report that will include: • PCI report - Sorted by Name (A to Z), PCI Order (0-100), Zone (1, 2, 3, etc.) ▪ Pavement segment and PCI "Variance Report" • Graphical representation of conditions ❖ Condition Report Analysis for each segment Work history report • GIS Maps presenting PCI finding by zone and by section Once the City has reviewed, assessed and commented on the draft report, we will address all comments made and deliver the final reports. Deliverable: Citywide PCI reports, compliant TransNet PCI reports, updated MicroPAVER database DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 4.3: Maintenance & CIP/Budgetary Analysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently being used by the City. Based on the City's current AC & PCC applications, Geotech reports and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our fiscal and deterioration analysis, we will present our results and recommendations to City staff. This analysis will become an essential building block for the projected five-year CIP/maintenance programs. We will establish/update a maintenance "decision tree" that will be used to generate pavement recommendations that match current fiscal year maintenance approaches/City practices. This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within MicroPAVER based on functional class (i.e. arterial, collector, local) and age. Our staff will review the National City's deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class. The curves will be modified based on current pavement conditions. 1-6 73 of 324 Project Understanding / Scope of Work - AL1F'..gRHIA....- NATI(i The strategies that are typically reviewed are rehabilitation and reconstruction (R&R), localized maintenance, slurry seals, and various overlay types, the expected improvement in pavement condition, the life -cycle extension that would result and the unit costs for maintenance. All maintenance practices/unit costs will be integrated into MicroPAVER and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made. Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies during each fiscal year and within each maintenance zone defined by the City's local preventative maintenance schedule. Once the repair/rehabilitation strategies have been defined, the identification of a five year Forecasted Maintenance schedule will be generated. The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review of the City's Pavement CIP • Present pavement conditions; Desired levels of service and available resources • Projected / Forecasted PCI's per section • Cost benefit of individual strategies (e.g. maintain PCI in 5-years, etc.) • Scheduling with the City's major CIP projects (water, sewer, etc.) • Budgetary recommendations that satisfy TransNet guidelines • Future routine maintenance needs based on projected deterioration rates • City funds, SB1, TransNet objectives in improving citywide weighted PCI The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life -cycle cost analysis. A working "draft" Final Report will be generated for City staff to review. The report will include an executive summary, the PCI Report as well as draft budgetary findings and recommendations. Deliverable: Two copies of the Draft Pavement Management Program Report TASK 4.4: Citywide Forecasted Maintenance & CIP Reports We will deliver the Final Report to the City which will be essential for staff reference and use as well as presented in a way that is beneficial for elected officials/upper management. This report will assist the City in complying with TransNet. The report will be prepared in a format that uses the information delivered by MicroPAVER in conjunction with the information and analysis performed by our team. The report will provide the City with information on: Current inventory and pavement conditions indices (PCI) for all road classes 1-7 74 of 324 Project Understanding / Scope of Work NATIONAILCI pAL LIQ1!41,5 fit+ mcmthis ■ Projected annual rehabilitation programs for street maintenance for a 5-yr period (ARTERIAL and LOCAL Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service; ■ Modeling and comparison of budget scenarios typically include: ■ Current / Actual budget 5-year projection (citywide approach) ■ Identification of annual funding to maintain current PCI after 5-years ■ Increase current PCI within 5-years ■ Gradual, Frontloaded, Constrained and Unlimited funding analysis ■ Strategies and recommendations for the City's maintenance programs and procedures, including a preventative maintenance schedule; ■ Supporting documentation required by TransNet; and ■ A detailed breakdown of deferred maintenance (backlog). We will make a presentation of the results from the 2020 PMP update to City personal and/or City Council if necessary -pro bono. Registered Engineer Mr. Steve Bucknam, P.E. will supervise all operations, review all completed data and prepare and sign a final report incorporating the results of our pavement evaluation and conditions. We will provide engineered recommendations for pavement rehabilitation and replacement design based upon field data and analysis. Deliverable: Two (2) bound copies of the Final Pavement PMP Report (plus one original signed by our Registered Engineer, CA No. 20903), in binder and electronic form (.pdf), will be sent to the City. Bucknam will provide one (1) DVD copy that includes all final reporting documents, MicroPAVER .e70 PMP database and GIS files. TASK 4.5: Mapping and GIS Update As an enhancement and proactive approach to this project, our staff will create and publish a Pavement-GIS Zink between MicroPAVER data and the City's Enterprise system. Bucknam will utilize the City's existing GIS centerline file as a starting point for the development of the PMP-GIS Iayer(s). By using the unique ID's within the PMP and the City's ESRI street shapefile ID's, we will create a one-to-one match for each pavement section in the GIS. All pavement segmentation within the PMP database will be mirrored within the National City GIS layer which will allow all pavement data to be published on the GIS layer. 1-8 75 of 324 Project Understanding / Scope of Work With a completed survey and an approved Pavement Condition Report, we will update and finalize the PMP-GIS layer with relevant PCI data. The maps described below will be incorporated into the City's Final PMP report: • PCI values for every section; • Work History identifications; • 5-yr Arterial / Local Rehabilitation and Slurry Seal Programs; and • Functional classification maps Our staff will coordinate all project deliveries with the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City's GIS Enterprise (sample 2020 Vista- GIS PMP map above). +—OAL4FRflP {o, I.r.-, . rrrcaRiecnv7=n .. Deliverable: Complete GIS files/themes based on list above (shapefiles). TASK 4.6: National City My Roads PMP Web -Portal National City MyRoads Web -Portal - Bucknam now provides all our PMP clients with a unique and agency driven "MyRoads" web -portal that provides instantaneous access to your pavement management database. This "dashboard" allows users to toggle through individual sections via GIS mapping or queries, zone selection, rank selection, etc. to review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. Bucknam has shown to the right the current "My Roads" actively working! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the National City PMP database the My Roads dataset is changed to reflect work history edits, PCI inspections and section changes. I4 HDid:' tf,14.1i(uel .11111111 !MINIM LN� u1. II 32.211n ;2.C2m 1-9 76 of 324 Project Understanding / Scope of Work NATIONIMQ ..-VRL4F,CftM ♦ . lyrCnRY01 +YY.n .. In summary, MyRoads allows the user perform the following dynamic functions: • Query for a specific pavement segment to view its inspection PCI, work history and inspection history on one dashboard; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on -board GIS tool; • Displays all final GIS project maps (PCI, work history, 10-yr forecasted maintenance, etc.) TASK 4.7: MicroPAVER / My Roads Training With PMP software use being one of the key components to a successful PMP implementation, we will provide City staff with quality, certified training and the necessary skills needed to maintain the PMP. Bucknam will provide City staff with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and software use. Based on the number of future users, our staff will deliver as many copies as needed by City staff to facilitate the program. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi -day training sessions covering implementation, interfacing with the system, PMP methodologies, field survey practices, PCI calculations, budget needs analysis and editing/updating the database. This is estimated to consist of a minimum of 8 hours of training. Training typically involves one (1) day of training on the PMP software and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology. We can train one key individual or an entire classroom using a City training facility pending on your needs; the intent of this training is to empower and allow City staff to continue updating the PMP database on their own after this project is completed. TASK 4.8: As -Needed PMP — GIS Services Pavement Management Program Support With the City implementing a biennial PMP management schedule Bucknam will provide annual PMP support that will cover data previously submitted by our staff. If additional services outside the identified scope of work above are requested Bucknam will provide timely and proactive services to the City. Additional As -Needed services typically include: • Additional budget scenarios, general reporting, deterioration studies; • Additional visual inspections above the mileage amount indicated in Task 4.2; • Additional pavement management —GIS mapping; • Additional MicroPAVER/MyRoads training, operation use; and 1-10 77 of 324 Project Understanding / Scope of Work If requested, Bucknam will assess and review the City's upcoming maintenance schedule for that fiscal year. The agreement will continue to include the provision of onsite and telephone support for the City staff. GIS Management Program Support Additionally, Bucknam will provide GIS Contract services through our GIS Manager and GIS Analyst staff. Our support will enhance and proactively complete the City's on -going GIS implementation, Public Works data development, survey and management. • Implementation of Public Works GIS Enterprise solutions / Infrastructure Management GIS solutions • GPS surveys, GIS layer development, GIS digitization 78 of 324 Project Understanding / Scope of Work SIGN ASSESSMENT AND CONDITION INVENTORY OALIFAAithy, NATiONAtertir sawIhCn RY014'Iti�--+. TASK 4.9: Sign / Curb Marking Inventory (Includes Street Signs — Warning, Regulatory, Guide and City Specialty Signs) Our staff will utilize the existing street / pavement database and GIS centerline layers to define what streets will be surveyed (public/private); the inspection of approximately 111 miles of streets will be performed (Arterial, Locals and Alleys). In reviewing the traffic control inventory data provided by City staff, we are approximating that a total of 5,500 (+/- 1,000) signs are currently located throughout the City. Through our discussions with City staff we have indicated that we will provide the following assessment/condition inventories: Perform a Sign Inventory based upon previous 5,500 locations to ensure data accuracy, reliability and use; a. Survey will include all Warning, Regulator, Guide and City Specialty signs b. Identify and locate additional signs not recorded in FY 2012 c. Verify / Correct existing sign location data Bucknam will perform a digital roadway imaging effort (Lambda Tech's GPS Vision) within the designated grid schedule/areas that captures public street images through bi-directional surveys). This effort will not only allow the baseline sign survey to be completed but will enable the City to perform future inventories for additional street & right-of-way traffic control assets, utilities and other key ROW elements for this project with only one survey (i.e., street striping, catch basins, manholes, curb markings, etc.). All digital imagery becomes property of the City. Bucknam will utilize internal "Feature Extraction" software to view the digital images and collect the defined traffic control assets listed under this task. The quality of the imagery and its GIS / record collecting capabilities within the software allows the technician to accurately identify the required sign/traffic control locations defined (X, Y, Z coordinate, height, size, etc.). The in-house data assessment/condition inventories will be performed by the Bucknam team that is experienced and trained in using LambdaTech's "Feature Extraction" software. Definition of Sign & Curb Marking Attributes Bucknam will be required to inventory specific sign and traffic control data; we have included below the typical sign and traffic control attributes collected during our surveys. 1-12 79 of 324 Project Understanding / Scope of Work PACIFY RNIA NAT ONILCIVp .0dCORVUJI Our Project Manager will work with Mr. Luca Zappiello in defining what attributes will be collected and associated with each sign and traffic control device location. These attributes typically include: Street Sign / Curb Marking Inventory o Warning, regulation and guide signs will be collected ■ Emphasis on time -restrictive parking signs o Street name signs will be collected (if required) o Sign ID and # of signs o MUTCD unique code o Sign text, size and height o Pole ID, Post type, post count, cluster (grouping) o Street name, cross street, street side o Condition (Poor, Fair, Good) o Standardized comments (missing sign, bent pole, etc.) o Curb Markings (blue, red, yellow, green and white) Prior to survey, Bucknam will verify sign attributes with City staff. Each asset location will be represented with a GPS point based on the assets definition. All inspection data is captured within the Feature Extraction software and exported to ESRI GIS Enterprise software for quality control and review. All data collected can easily be imported into Excel and ESRI Collector/ ArcGIS Online software's (CPU and field collectors). As stated above, we perform quality locations are being displayed properly within the City's GIS environment. We will make sure that all sign and traffic control elements are projected with the proper coordinate and projection system; the City's street centerline and parcel layer will be used for this effort. Weekly quality control is performed and our results are submitted to the City every two weeks. control in order to ensure that sign and curb marking The figure above demonstrates the Feature Extraction software and tools that our technicians use to collect the project data 1-13 80 of 324 Project Understanding / Scope of Work +-.. OALIf,CRNlp, NATVONALQTY stet • +NCnRYoa Cra, • As stated, all data collected through the Feature Extraction software will be exported to a sign database for management review and eventual delivery to the City. Initially, all sign and traffic control data will reside within a MS Excel database and GIS shapefiles for City use. It is our understanding the City is currently managing their GIS through ESRI Flexviewer, Bucknam will provide the updated traffic control sign data to the City in the proper format to ensure its validity and use. This will be completed by working with current GIS/IT staff. TASK 4.10: GIS Integration of Sign / Curb Marking Assets Once data collection efforts are completed, we will generate the following GIS integration and mapping/reporting deliverables for the City's review and approval: • Sign inventory report (Excel) demonstrating all signs that were located along with their associated attribute data o Sign inventory GIS map demonstrating all signs that were located ■ Sign condition map ■ Sign type (warning, regulation, guide and specialty) ■ Sign Map Atlas Book • Electronic data delivery final MS Office and GIS file data associated with project; We will coordinate electronic data delivery with Public Works and GIS staff to ensure that all GIS mapping is projecting properly within the ESRI GIS Enterprise environment; .• Bucknam will provide Executive Summary reports and associated spreadsheet reports specific to the asset types assessed and collected Deliverable Final GIS files and associated project files, Executive Summary reports AON COMMON ✓ rom • POOR a`; �n. e.:,...0 . •�,. w• Recent Palmdale Citywide Sign Inventory 155,4. r City or Palmdale, CA Sign inventory 41. II 1-14 81 of 324 Project Understanding / Scope of Work TASK 4.11: Catch Basin Inventory Per the request of the City Bucknam will utilized the digital roadway imaging to perform a citywide catch basin inventory along the City's public streets and right-of-ways, Utilizing the City's existing asset GIS data layers, Bucknam will verify or correct hydrant/catch basin GPS point locations. Bucknam wilt collect the following attributes for this asset: Catch Basins (approximately 900 assets) e GPS coordinate (X,Y) e Asset ID • Street name ® Type (curb inlet, grate inlet) Once the inventories are complete, Bucknam will prepare map documents, digital delivery documents and summary reports that represent our findings. These GIS assets will be published within the City's GIS Enterprise through Bucknam / City IT coordination. 1-15 82 of 324 Project Understanding / Scope of Work Proposed Fee Pavement Management Task Items 1 through 4.8 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $39,928 for a five - month period. Sign Inventory / Curb Marking Task Items 4.9 through 4.10 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $55,942 for a five - month period. Catch Basin Tasks Item 4.11 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $4,050 for a five -month period. Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties. We have included our fee schedule below for the City consideration. We have included a detailed proposed fee matrix on the following page for the City's consideration. All tasks are negotiable. 1-16 83 of 324 Project Understanding / Scope of Work -� CALIFORNIA -•. NATION. LCt y t +NCnRPO1 �YtiT " Description 2020-21 Pavement Base Fee Principal $295/hr Project Manager $185/hr GI5 Analyst $145/hr field Technkian(s) $92/hr Admin $80/hr Total by Task Task 1 Task 1.1 Pro ect Implementation _ -r- 21 a— ^^ ......._.___..... 1 __.__ ...____. »»,_._...,__._..._. j515 $2,466 ,......__... 4`'O Project Kickoff Task 1.2 Project Status Meetings -Quality Control 1 1 2 1 18 Task 2 Task 2.1 Task 3 4.Client Satisfaction Project Deliverables__....__ __.-. Project Schedule 2 T • _--::. __. ---......- --.... 1 Task 3.1 Task 4 Task 4.1 Task 42 .LWork Flow/ Project Schedule 2 2 $660 Sco a of Work MicroPAVER PMP Implementation / Update Work History Pavement ConditionSurveei (approx.11.1 miles) 11 $3,157 $18.356 4 26 __.A78r._._.. Task 4.3 Task 4.4 - Includes 103 miles of Arterials and Locals Includes 8 miles of Alleys14 jMaintenacne & CiP / Budgetary Analysis yM Citywide Forecasted Maintenance &CiP Reports S740 $5,685 $3427 $922 T&M _ _4 _ 24T _ _ 6 1 1 Task4.5 Task 4.6 Task 4.7 Task 4.8 MapQirt and GISUpdatz _.._ .....,.....__.._.,.... ».... National City My Roads PMP Web -Portal I TyT �� 3t _ 21 .. _.._15 _ r 6 6 _. MicroPAVER/My Roads Trainir ,__...._....._ As -Needed PMP - GIS Services (Annual) Reimburse blesimile• a earintii materiaisL .. _._......_ .._1j.---.._.___ Total hours per Staff 1 2' 46 �.:_._......„......_ .....W w _. _ . ....._._-- 2 .$24050 36 234 2020-21 Total Pavement Base Fee $ 590 $ 8.880 $ 5.220 $ 21.528 $ 160 $39928 Task 4.9 21119 Sign / Curb Marking Inventory Base Fee Traffic Control Sign Inventory $250/hr $18S hr 5145/hr $92/hr $80/hr Total by Task - Digital Roadway Imaging (111 mile - Sion inventory (approximately Sd500siagns) - Curb Marking_lnventory (approximately 2,500 locations) (collected (collected LA $425 per $425 sign+QC) marking TQC) $13 g00 $24,400 $11,400 Task 4.10 GIS lnteeration of Sign / Curb Marking Assets Reimbursables {mileage, printing, materials) 121 161. _^- 6 _._ -. $5,092 $1,150 2020-21 Total Sign Inventory Base Fee ( $55,942 Task 4.11 2020 Catch Basin Inventory Base Fee $250/hr Catch Basin Inventory $185/hr $145/hr $92/hr -D S425 per catch basin +QC $80/hr Total by Task S4 150 - Catch Basin Survey (ap p.ox 900 locations) (collectea - -s_- ..i..r ,r. 2020-21 Optional Services Purchase of MIcroPAVER software (if necessary) $1,150 All Tasks are negotiable ___1 Al I deliverables will become property of the Cjy of National City 2020-21 Total Base Fee (All Efforts Combined) $99,920 I , " Additional services outside ofthiscontractwiil be negotiated with the City where we will usethe Standard Hourly Rate Schedule shown here. - _-r- ............__..... -t 1-17 84 of 324 Project Understanding / Scope of Work Standard Hourly Rate Schedule Category Principal Senior Project Manager Senior Engineer / Planner Construction Manager Pavement Management / GI5 Project Manager Management Analyst Project Engineer / Planner Engineer / Senior Technician / Sr. GIS Analyst / Senior Inspector Assistant Engineer / Technician / GIS Analyst / Inspector CADD Operator Administrative Assistant Field / GIS Technician Clerical / Word Processing Forensic Services Reimbursables Mileage $ 0.67/mile Subconsultant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% �,CALI,FOflNIA `-^ NikTIONALCITY .. rha1ReJ».j,tt .. Rate $ 295 215 195 190 185 165 155 145 135 120 105 92 80 Quote BUCKNAM 3548 Segate way, Suite 230 Oaceanside CA 92056 INFRASTRUCTURE GROUP, INC Tc(kna-rrc.orn wtiv�.v.bueknam• ine.com 1-18 85 of 324 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of South Pasadena / Bucltnan) Infrastructure Group, Inc.) 1. IDENTIFICATION This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of South Pasadena, a California municipal corporation (,`City"), and Bucknana Infrastructure Group, Inc. ("Consultant"). 2. RECITALS 2.1. City has determined that it requires the following professional services from a consultant: Pavement and Asset Management Information Systems Services, 2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant flarther represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement. 2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 el seq.), or other applicable law, (2) prevent Consultant From performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows: 3, DEFIIITIONS 3.1, "Scope of Services": Such professional services as are set forth in Consultant', September 5, 2019 proposal to City attached hereto as Exhibit A and incorporated herein by this reference. 3.2. "Agreement Administrator": The Agreement Administrator for this project is Kristine Courtly, Deputy Public Works Director. The Agreement Administrator shall be the principal point of contact at the City for this project. Ali services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant Professional Services Agreement -- Consultant Services Page 1 of 30 Approved For Use 11/3.5/16 86 of 324 Approved For Lise 11115/16 3.3. "Approved Fee Schedule": Consultant's compensation rates pre set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties. 3.4. "Maximum Amount": The highest total compensation and Costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is sixty eight thousand Dollars ($G8,000). 3,5. "Commencement Date": December 4, 2019. 3.6. "Termination Date": December 31, 2020. 4. TERM The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section l8 ("Termination") below, Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be e€lbctive if authorized in advance by City in writing and incorporated in written amendments to this Agreement. 5. CONSULTANT'S DUTIES 5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. 5.2. Coordination with City. In performing services under this Agreement, Consultant shall eoordinatc all contact with City through its Agreement Administrator, 5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (SO%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant's estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount. 5.4, Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement. 5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall keep itself filly informed of and in compliance with all local, state, and federal Professional Services Agreement — Consultant Services Page 2 of 30 87 of 324 laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the political Reform Act (Government Code § 81000 et seq.). 5.6. Avoid Conflicts. During the tern of this Agreement, Consultant shall not perforrn any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant's performance of such work. 5.7. Appropriate Personnel, Consultant has, or will secure at its own expense, all personnel required to perform the services identified hi the Scope of Services. Alt such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services, Steve 0ucknam shall be Consultant's project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project administrator without City's prior written consent. 5.8. Substitution of Personnel, Any persons named in the proposal or Scope of Services Constitutes a promise to the City that those persons will perform and eoordiettte their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement For cause. 5,9. Permits and Approvals. Consultant shall obtain, at its solo cost and expense, all permits and regulatory approvals necessary for Consultant's performance of this Agreement. This includes, but shalt not be limited to, professional licenses, encroachment permits and building and safety permits and inspections. 5.10. Notifieation af' Organisational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant's firm or of any subcontractor. Change of ownership or control of Consultant's firm may require an amendment to this Agreement, 5,11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceted checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any Longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at anytime during regular business hours, upon oral or written request .of Clty. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and Professional Services Agreement - Consultant Services Approved For Use 11/15/16 Page 3 of 30 88 of 324 Approved For Use 11/15/16 this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (2) years after final payment under this Agreement. 6. SUBCONTRACTING 6.1, General Prohibition« This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. 6.2. Consultant Responsible. Consultant shall be responsible to City for Ali services to be performed under this Agreement. 6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Anychantes must be approved by the Agreement Administrator in writing as an amendment to this Agreement. 6.4. Compensation for Subcontractors, City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant's actual cost plus an approved mark- up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors. 7, COMPENSATION 7, l . General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in tall satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance. 7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoke shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All tabor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. Professional Services Agreement — Consultant Services Page 4of3D 89 of 324 7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes. 7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained In an invoke submitted by Consultant, 7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through n fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City. 7.6. City Satisfaction as Preeottdition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City its satisfied that the services are satisfactory. 7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount, 8. PREVAILING WAGES Consultant is aware of the requirements of California Labor Cade Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of ether requirements on certain "public works" and "maintenance" projects. Consultant shall defend, indemnify, and hold the City, tis elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws. 9. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material ("written products" herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no sueh written products shall be the subject of a copyright application by Consultant. 10. RELATIONSHIP OF PARTIES 10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Pror'essional Services Agreement— Consultant Services Page 5 of 30 Approved For Use 11/15/16 90 of 324 Approved For Use 11/15/16 10.2. No Agent Authority. Consultant shall have no power to Incur any debt, obligation, or liability an behalf of City or otherwise to act on behalf of City as an agent, Neither City nor any of its agents shall have control over the conduct of Consultant or Any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City, 10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant's previously earned California Public Employees Retirement System ("Ca1P1aRS") retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shalt be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment Insurance, disability insurance, and workers' compensation, and other applicable federal and state taxes. 10,4. Indemnification of Ca1PERS Determination, In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or Is determined by a court of competent jurisdiction or Ca1P13RS to be eligible for enrollment in Ca1PNRS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment ofany penalties and interest on such contributions, which would otherwise be the responsibility of City. IL INDEMNIFICATION 11.1 Definitions. For purposes of this Section l I. "Consultant" shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or Indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. "City" shall Include City, its officers; agents, employees and volunteers. 11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to ccrnply with any provision in this Agreement. 11.3 Scope of Indemnity, Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such Toss or damage as is caused by the sole active negligence or willful misconduct of the City. Professional Services Agreement — Consultant Services Page 601'30 91 of 324 11.4 Attorneys Fees. Such costs and expenses shall include reasonable attorneys' fees for counsel of City's choice, expert fees and all other costs and fees of litigation, Consultant shall not be entitled to any refund of attorneys' fees, defense costs or expenses in the event that it is adjudicated to have been non -negligent. 11.5 Defense Deposit, The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests adefense deposit, Consultant shall provide it within 15 days of the request. 11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City. 11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity Agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement en Consultant's behalf. 11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant's indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, Loss, cost or expense. 12. INSURANCE 12,1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained aver eompletion attic work shall survive this Agreement. 12,2, Documentation of Irtsuranee. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them, Consultant shall file with City: �► Certificate of insurance, indicating companies acceptable to City, with a Best's Rating of no less than A;VII showing. The Certificate of Insurance must inelude the following reference: South Pasadena Pavement and Asset Management Information Systems Services. • Documentation of Best's rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement. Professional Services Agreement --Consultant Services Page 7 of 30 Approved For Use 11115/16 92 of 324 Approved For Use 11/15/1.6 • City reserves the right to obtain a full certified copy or any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later. 12,3. Coverage Amounts, Insurance coverage shall be at least in the Following minimum amounts: • Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate • General Liability: • General Aggregate: • products Comp/Op Aggregate • Personal & Advertising injury • Each Occurrence • Fire Damage (any one fire) • Medical Expense (any 1; person) • Workers' Compensation: • Workers' Compensation • EL Each Accident • EL Disease - Policy Limit • EL Disease - Each Employee $4,000,000 $4,000,000 $2,000,000 $2,000,000 $ 100,000 $ 10,000 Statutory Limits $1,000,000 $1,000,000 $1,000,000 • Automobile Liability • Any vehicle, combined single limit $1,000,000 Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured. Furthermore, the requirements for coverage and Iimits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured 12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form, Claims -Made, modified, limited or restricted Occurrence forms are not acceptable, 12.5, Worker's Compensation Instmanre. Consultant is aware of the provisions or Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent so IF -insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement, it such insurance is underwritten by any agency other than the State Protessional Services Agreement —Consultant Services Page 8 WO 93 of 324 Approved For Use 11/15/16 Compensation Fund, such agency shall be a company authorized to do business in the State of California. 12.6, Automobile Liability Insurance. Coveted vehicles shall include owned if any, non - owned, and hired automobiles and, trucks, 12.7, Professional Liability insurance or Errors & Omissions Coverage, The deductible or self -insured retention may not exceed $50,000, It` the Insurance is on a Claims - Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years .after the completion of the work by one or the following: (I) renewal of the existing policy; (2) an extended repotting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement. 12.8. Claims -Made Policies. if any of the required policies provide coverage on a claims - made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims -Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 1f coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of Five (5) years after eonpletion of contract work, 12.9. Additional Insered Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker's Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant's insurance policies shall be primary as respects any claims related to or as the result of the Consultant's work. Any insurance, pooled coverage or self insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the Insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant's insurance at least as broad as ISO Form CO 20 10 1 1 83 or both CG 20 10 and CO 20 37, 12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the proJeet and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure attic Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement, Professional Services Agreement Consultant Services Page 9 of 30 94 of 324 Approved For Use 11/15/16 12,11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2). the llmils of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased, Consultant shall provide no less than 30 days' notice afany cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Public Works Department, South Pasadena, CA 95945. I2.12, Consultant's Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall net contribute with it. 12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive.sueh rights either by endorsement to each policy or provide proof of such waiver in the policy itself, 12.14. Report of Claims to City. Consultant shall report to the City, In addition to the Consultant's insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement. 12.15. Premium Paymcnts and Deductibles. Consultant must disclose all deductables and self -insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, elairn administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required In this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant's insurance policies. The amount of deductibles for insurance coverage required herein are subject to City's approval, 12.16. Duty to Defend and Indemnify. Consultant's duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement. Professional Services Agreement -- Consultant Services Nc 10 of 30 95 of 324 Approved For Use 11/15/16 13, MUTUAL COOPERATION 13.1, .City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant's services under this Agreement. 13.2. Consultant Cooperation in Defense of Claims, if any claim or action is brought against City relating to Consultant's performance in connection with this Agreement. Consultant shall render any reasonable assistance that City may require in the defense of that claim or action, 14. NOTICES Any notices, bilis, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, liom time to time, designate in writing). If to City Kristine Coady City of South Pasadena Public Works 1414 Mission Street South Pasadena, CA 91030 'relephotte: (626) 403-7240 Facsimile: (626) 403-7241 With courtesy copy to Teresa L. Highsmith, Esq. South Pasadena City Attorney Colarttueno,1-lighsmith 8c Whatley, PC 790 E. Colorado Blvd. Ste. 850 Pasadena, CA 91101 Telephone: (213) 542-5700 Facsimile: (213) 542-5710 15. SURVIVING COVENANTS If to Consultant Steve Bucknam 3548 Seagate Way, Suite 230 Oceanside, CA 92056 Telephone: (760) 216.6529 Facsimile: (760) 216-6549 The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph 10,4(lndemnillcation of CalPERS lJetennlnatlon), Section 11 (indemnity), paragraph 12.8 (Claims -Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Professional Services Agreement —Consultant Services Page 11 of30 96 of 324 Approved For We 11/15/16 Claims), and paragraph 18,1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of liritations and repose. 16. TERMINATION 16.1. City Termination. City may terminate this Agreement for any reason on five calendar days' written notice to Consultant. Consultant agrees to cease ail work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement. 16.2, Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days' notice, 16.3. Compensation FallowingTerminatiora. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time or termination. in ne event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance or the services required by this Agreement, The City shall have the benefit of such work as may have been completed up to the time of such termination. 16.4. Remedies, City retains any and all available legal and equitable remedies for Consultant's breach of this Agreement, 17. INTERPRETATION OF AGREEMENT 17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 17.2. Integration of Exhibits. All documents referenced as exhibits In this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document Incorporated herein by reference, the provisions ofthis Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated heroin, No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed en by City and Consultant. 17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and In any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement. Professional Services Agreement.., Consultant Services Page I of 3a 97 of 324 17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s). 17.5, Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstanecs other than those as to which It is held invalid or unenforceable, small not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 17.6. No Presumption Against Drafter. Each party had an opportuttity.to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party. IS, GENERAL PROVISIONS 18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement. 18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona tide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City's Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of' his or her service with City, shall have any direct: interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 18.3. Non -assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant. 18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties. Professional Services Agreement —Consultant Services Pups 13 DF3O Approved For Use 11/15/16 98 of 324 Approved For Use 11/15%16 18.5. No Third -Party Beneficiaries. Except as expressly stated herein, there is no Intended third -party beneficiary of any right or obligation assumed by the parties, 18.6. Time of the Essence, Time is of the essence for each and every provision of this Agreement. 18.7. Non -Discrimination. Consultant shall not discriminate against any employee or applicant for employment because or race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer -related), marital status, ancestry, or sexual orientation, Employment actions to which this provision applies 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 or compensation; or in terms, conditions or privileges or employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause. 18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this'Agreement shall not be deemed to be a waiver doily subsequent breach of the same or any other provision, covenant, or condition. 18.9, Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence; in City's sobs judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. 18.10. Remedies Non -Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement or the exercise, or the forbearance from the exercise by any party of any one or more of aueh rights, powers or remedies shall not preclude the simultaneous or later exercise by such party orally or all amen other rights, powers or remedies. 18.11. Attorneys' Fees. IF legal action shall be .necessary to enforce any term, covenant or condition contained In this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs expended in the action. Professional Services Agreement — Consultant ,Services Page 14 of30 99 of 324 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" City of South Pa Dy / ltC_ - i=► ��/. By: � Sign'' ure Signatir Printe4 ? n' e 120,(, j7ge Printed: 1 Q- g-t7��r,�h►� "Consultant" Bucknam Infrastructure Group, Inc. Title+y (-71r-?C {;f''^ Date:_W Cl/ 61 Attest: Title: -Q fl cSI D rc rs-C Date: _ 04,4 • A4, G. Zneime ity Clerk f, C,.-�►to , •Date: lid • f Approved as to form: By: Teresa L. Highsmit i, y Attorney Date: o� q Approved For Use 11/15/16 Professional Services Agreement — Consultant Services Page 15 0130 100 of 324 Exhibit A Scope of Services 1) Project Implementation TASK 1.1.: Mtarmeement & Administration - Project Kicj off The fist ;step in implementing a successful pavement / asset management program truly resides in frequent communication and timely scheduled data updates. For the City of South Pasadena it will be essential to establish, up front, the Public Works/Maintenance pavement management priorities, Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations or the project, technical approach to the pavement management program (PMP) ttncl asset management information system (AM IS), section ID management & 70 miles of street surveys, Los Angeles County Metropolitan Authority (METRO) compliance, flnalizattion of the scope of work and the review of schedule. This effort will build consensus between the Street Maintenance and Public Works departments as well as build stronger ARTERIAL and LOCAL maintenance programs. The first key topics to be discussed will include the review and assessment of the existing pavement data, METRO compliance, and survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. Deliverable: Meeting minutes and project schedule TASK 1.2.: .Project Status Mectines - Quality Control Pro;rt n) Staters Meetings and Progress Reports: • Minimums of three meetings during the project (kickoff, field, and status meetings) — minimum of eight (8) hours; • Field review meetings; • Monthly progress Status reports will be delivered to City project manager. Quality Control (QC): We will use a statistical ,sampling approach for measuring the quality odour field technician's work. In this manner, 10 percent of the original annual surveys will be re -surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 7 miles of arterial/local QC). Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be perforated at the end of each survey week. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all street segments. Pavement condition index (PCI) variance reporting will be performed where previous PC1 data will be compared to newly inspected 2019 PC1 data; if PCP's vary more than ten (10) points per year Bucknam stall' will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc. Buckman will record/log any discrepancies between the previous Professional Services Agreement — Consultant Services Pop 16 or 3 I 101 of 324 and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval). Since we are collecting distress information on our field Tablets with the South Pasadena MicroPAVEF database live, our staff will perform several quality control tests within the pavement management .software using a sample set of the City of South •Pasadena's street distress data. This will ensure that all system and analysis setting;; as well as City tecommendntions and standards are being followed. Our surveys follow the accepted American Society for Testing and Material (ASTM) D6433-I 6 procedure requirements, Deliverable: A copy of ibe Consultant quality us:taraance (QA) and QC plan utilized during the project will he submitted along with the Consultant's PMP certification documents.. 2) Client Satisfaction TASK y.l:. _Proiect.Deliverables Shown throughout our Scope.af Work, each Task is summarized with project deliverable& Client satisfaction will derive from frequent communication with the Project Manager and Ivey staff members from the Public Works and Street Maintenance departments. Project success is created by delivering on three main factors; 1. Adherence to scope tasks and deliverables 2. Performing to the standard Set by the Project Schedule; .tact 3. Controlling costs. Our Project Manager will follow each of these titctors throughout the duration of the project Deliverable: Project Status Updates, as stated in Test( 1.23) Project Schedule . ,AS(.33..1t Work Fl ti . 'roJect ,Schedule The project schedule will demonstrate major tusk identified in our scope of work, as well as quality control milestones and meetings. 13uckna m currently has ample staff to apply to this . project in order to meet an aggressive schedule (two field technicians will drive the proactive schedule). Below.are key milestones in the project schedule: • Project Kickoff — Completed by December 20, 2019 • :.•Duna Coordination with City Staff Completed by January 31, 2020 • . Pavement Management Survey Completion and Survey Completion --Completed by Mauch 31, 2020 • Delivery of draft PMP — Completed by April 30, 2020 • City comments returned to Consultant — Completed by May 15, 2020 • Delivery of City capital improvement project (CIP) Final Report — Completed by May 31, 2020 • Professional Services Agreement — Consultant Services Page 17 or 3 I 102 of 324 cr South Pasadena CIP data/Final Report, reporting and revenue projections o All necessary METRO data, repotting and revenue projections • linpleatientation of MicroPAVER version 7.0.7 — Any time rafter acceptance of Final PMP o One copy (.e70 file) of the MicroPAVER database will be delivered; o All pavement and geographic information system (0IS) data pertinent to the project deliverables will be submitted with the Final PMP report • Sidewalk / implementation of AMS and ArcOJS Online - Completed by May 31, 2020 • CIS Data Acquisition -. Completed by August 31, 2020 • Publication of Arc01S Online — Completed by September 30, 2020 4) Scope of Work (Pavement Management Major Tasks) TASK 4,1: South Piasfadeaia PMP Implementation / Update Work History l3ucknarn will establish to South Pasadena Pavement Management database by utilizing the Army Corps of Engineers "MicroPAVER" software. The City will purchase MicroPAVER and i3ucknum staff will create all pavement segmentation for the City's Arterial and Local programs. Our staff will define all pavement segments utilizing ASTM D6433-16 standards and will ensure that all publicly maintain streets are within the database. The City's previous PMP database (dated 2015) is currently in -hand at our offices; our staff will review this data and utilize it for establishing project surveys, data updates and CIS link:;. Purchase of MicroPAVI3P. requires at one -tine purchase for $1,170 (this includes two license authorizations; aixnustl Ind menace fee after one year equals .$650 per year). Biased on the pavement maintenance that has been performed by in-house sierras well as contractual Maintenance, our staff will review all sheet activities that have been performed during the past three years, This data will be enteral into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis aly;sis and CIP reporting. Deliverable: MicroPAVER software and Citywide Work History Report TASIC.4 : ___ Co t t Patvemen Condition $urvy. Cnec the pavement segmentation has been assessed and verified, the inspection of'70 Arterial and Local mules will be performed. Our survey will ensure that all Master Plan of Arterial Highways (MPAI'I) routes are surveyed and up-to-date for METRO compliance. Our survey methodologies will include the following approach based on the City's cost and benefit analysis: 1. Walking/Windshield - All seetioals are surveyed through walking/windshield methodologies. Distress types will be collected based upon actual surface conditions and physical characteristics of the .segment. 2, Surveying methods will he conducted by remaining consistent with MicroPAVER & the ASTM 06433-16 stippling guidelines while being flexible to current City requirements. Professional Services Agreement —Consultant Services Inge i 8 of 31 103 of 324 All sample locations are observed through walking surveys; ttdditional strut factors such as unique distress areas found outside our sample areas will be recorded, According to the METRO guidelines; South Pasadena MPAH pavement sections are to be surveyed for the upcoming 2019 PMP update; • The inspection of approximately 69,8 miles of MPAH Arterial and Local segments will be performed — ME'1'RO compliance requirement (based on last inspection dates) • Recent slurry seal and overlay maintenance will reduce total mileage of survey - TRIG Otte staff will establish all inspection sample locations for survey based on ASTM PMP guidelines; this effort replaces the walking field operations; all pavement inspections are Completed in-house through our automated data collection processes. Surveys are quality controlled with field operations, Our use of MicroPAVER-Tablet units allows our staff to collect pavement data with the City of South Pasadena's MicroPAVER database live in the field, At the end of the day all electronic data is transferred to our office for quality control and management. Roadway Verification Survey - A listing of the field attribute elate that is updated/verified during the survey for the pavement management database is listed below; I, Field Attribute Data (updated and/or verified) Prom/to, indicating the assigned limits of the section, sample test aretac, street name, Street ranking indicating local, arterial, collector, # dimes, surface type Historical PC1 tracking from previous inspections mid 2019 PCI inspections Segment quantities, indiCaling the length, width, and total true area of the section Pavement segment and PCI "Variance" analysis and report Average Daily Trip (ADT) volumes (if available from previous reports or current City documents) 2. Conditional data will be evaluated for all street segments and will include: MicroPAVI3R 20 AC & 19 PCC distresses by type, severity and sample area ' PCI ratings (0-100), taking into account the surface condition, level of distress 1`4 Other known or found environmental issues (standing water, inverted crowns, steep streets, etc.) . . All pavement data will be entered into the City's purchased licensed software (version 7); Buchan.' will assist with the purchase. All items listed above will be maintained by bur staff for the duration of this project. Data management will he performed In-house at our Oceanside • office. 3. Section Distress and PCI Reporting Upon 50% and 100% completion of the required condition surveys, we will prepare draft PC1 Reports and PCI GIS maps that document the conditions or ail pavement segments. This report Professional Services Agreement — Consultant Services Page t9 caI"31 104 of 324 will provide the necessary information within MicroPAVE R for the City to use and manipulate projected street rehabilitation and maintenance projects.' Included in the report will be updated pavement performance curves and maintenance decision models, The City and our staff will review the PCI reports to ensure that all inventory data Is correct and the project is running stnoothly. Our Report that will include: ❖ PCI report - Sorted by Name (A to Z), PCI.Order (0-100), Zone (l, 2, 3, etc) ❖ Pavement ,seglnen . and PCI "Variance Report" •:� Graphical representation of'condiitions ❖ Condition Report Analysis for each segment • Work history report s'e GIS Maps presenting PCI finding by zone and by section Once the City has reviewed, assessed and commented on the draft report, we will address all comments made mid deliver the final reports. Deliverable: Citywide PCI reports, compliant METRO PCI reports, updated MicroPAVER database TASK 4,2a: „AdtwejknaLgyerI3ttild/ DrrtnDDtin.i,UQns Over the post month, l3ucknurn has assessed the City's previous sidewalk GIS data as well as approximated the total sidewalk mileage through GIS. At this time we are approximating that the City has 120 miles of sidewalks defined within its network. Bucknarn will develop/update a clear and accurate citywide Sidewalk GIS layer that represents where known sidewalk locations exitia today (polyline !wed), This work effort will include the assessment and ianproventent al' all existing sidewalk GIS line work. This updated Sidewalk GIS layer will in turn drive our sidewalk inspections. Our stall will utilize the City's available pavement segmentation data, within the South Pasadena MicroPAvI:.II~ PMP, to improve upon the sidewalk segmentation, unique sidewalk ID, survey limits and schedule data. Our staff will utilize additional data such as the City's GIS centerline, aerial imagery and other viable data to assist our I'ielci operations. In improving upon the Sidewalk Management Program (SMP) database sidewalk locations will be digitized through ArcGIS Desktop utilizing available aerial imagery, completed street improvement plans and digital roadway imagery. Sidewalk distress data will be collected through the use of mobile GPS hand-held units, providing a XY coordinates [{)r all distress Iocations, Through the use of'our enhanced ESR1 GIS Collector units We utilize the data capture screen to record inventory and inspection data defined by this scope of work. Another essential data collection item to establish prior to survey is what defines sidewalk displacement/trip hazards for potential maintenance and repair, These displacement loeations will be categorized with low, medium or high deficiency ratings. These details are shown within Tasks 4,2b & 4,2e., as stated above, we will meet withCity staff to define the final deficiency mating definitions prior to survey. Professional Services Agreement —Consultant Service~ Page 20 or 31 105 of 324 Also, the City has asked us to identify curb.& gutter and ADA wheelchair ramp location; Bucknant has described these work effort deliverables as part of "Cask 4 2c. Deliverable: Definition afSouth 'Pasadena Sidewalk Section network, inventory attributes, GIS data integration plan TASK .211: Deyelopmem of Sicicwzllk MUitttenanec Utrttt Liss Based on previous sidewalk management programs performed for various cities, this is the list of typical layers and'attributes we collect during sidewalk inspections; Sidewalk Maintenance Distresses 0IS Layer • House Number Haase number closest to distress, if applicable; • Street Name — Street Name; • Surface Type — i,e. AC, Brick, Paver, PCC; • Distress Type — i.e. linear cracking, divided slab, buckled Slab; • Distress Material Location PCC, C&G, Ramp; • Height of displacement (Distress Def icienpy) a Le, 0" to 3/4 ", 34 " 10 I IA ", I a 'i " or higher o Deficiency ranges — Defined by City's current Sidewalk Inspection Program . (nay be changed per discussions with City); « Sensitive Location — Schools, Parks, City Facilities, etc, Locations to be deterinined by City Staff; • Tree — If distress is caused by a tree; • Utility Box — If`utility box is ttl'feeted by sidewalk distress; • Slope rarer S I ... YeslNo for sidewalk locations over a 5:1 slope ratio; • Length — Length ordistreys, if applicable; • 'Width — Width of distress, if applicable; • Area (Sq. Pt) — Area: °f disiress, if applicable; • Creeks within sltib with /" separation to be noted; • Construction Site — I1'distress is on a construction site; « Recommended Work — i,c, Grind, Rurnp. Rcplucc, etc.; « MicroPAVBR ID , Unique ID that corresponds with AMP Street GIS Layer; • Any ltazi rcls or sidewalk damage that may not met recelirements of repair to be noted for future inspections; • Field notes (if.applicable) and inspection date associated with distress priority location; • Coii i ents — Field for any necessary comments about. the distress. We will I'ina1i e e tch.GIS layer's attributes with tide City staff befot'e beginning the survey process. Bucknam will deliver all GIS data in the City's preferred GIS format. Through ow experience in working with sidewalk GIS dutasets and MieroPAVER we are approaching the development and future management of the South Pasadena sidewalk assessment in the following manner: • Perform all sidewalk data collection/condition assessment through the use of mobile GPS driven haled -field technologies and personal computers. Profcstiionnl Services Agret'iuent Cciusultatnt Services Pint: 21 of 31 106 of 324 0 This creates a real-time, accurate GIS database for each distress location a. Publish collected sidewalk GIS data into the City's existing GIS Enterprise for field use, data analysis, reporting and management Deliverable: Citywide Sidewalk Maintenance Database TASK 4.2c: Sidewalk / Curb & Gutter / Rump Con tion Survey Once the street/pavement segmentation has been assessed and verified, the inspection of approximately 120 miles of sidewalk t egnnents will be performed. Data will be assessed/collected for each preceding year focus grid. Our survey methodology will include the following approach: • E Y 2019/20—citywide sidewalk survey (120 miles); •.• Distress data collected will utilize the attributes shown within Task 4,2b The City has initially icicntil'iecl specific displacement deficiency ranges which arc demonstrated below tiny recommended changes to the distress rating limits will he discussed prior to survey: • Rating* 1— (Fair), Locations that have a condition of Fair to Good or where the problem is not a .safety hazard Typically trip, separation, spatting„ raised/depressed slab distress areas that are 0" to 3J.1 " in occurrence; • Retina 2 — (Poor), Locations that have a condition of Poor or tiny localism which the field technician considers to be an immediate serious safety concern o Typically trip, separation, spilling, raised/depressed slab distress:areas that are 3�a " 114 " in occurrence; • Retina 3 m (Very Poor), Locations that have a condition or Very Poor or where the field technician determines that a problem is not an immediate safety concern o Typicully trip, separation, spelling, raised/depressed slab distress areas that are 1 art " or greater in occurrence; • Rating 4— for "vicinity of a sensitive location" (i,e. schools, churches, hospitals, senior housing, city facilities, parks, commercial centers, etc.) where pedestrian traffic is high and the City has a vested interest in lowering tripping hazards. o Rating can be given for any deficiency location; this places priority onto the location needing repair due to the pedestrian activity at the site. Our use of ,mobile GPS Handheld/Tablet units allows ow' staff to collect sidewalk data with the City of South Pasadena's database live in the field. At the end of'did day all electronic data is transferred to our office for quality control inc!Emanagement. We can produce Sidewalk GIS Distress locations al any time during the survey for City QC and/or review. Scetioit Distress and Condition Reporting Professional Services Agreement _.. Consultant Services Patti 22 or • 107 of 324 At 30%, 60 a and 100% Bucknam will generate Sidewalk Distress Reports for City staff review. The City and our staff will review these reports to ensure that all inventory data is correct and the project is; running smoothly. Sidewalk spreadsheet reports and GIS maps will include; • Identification of all street segments in a continuous manner (W to E and S to N); • Sidewalk locattions identified within street ,segments; • GIS maps .identifying sidewalk displacement locations; * A Sidewalk M&R recommendation map Deliverable: Citywide Sidewalk Distress Reports (30%, 60% and 100% status reports); Recommended repairs; GIS Distress/Deficiency maps. TASIC 4.3: Maintenance &CIP/1 udgetatry Arinlysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and 4trategize maintenance activities that tire currently being ttSed by the City, Based on the City's current AC & PCC applications, Geotech reports and other maintenance practices used we Mirconduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network, Based on our fiscal and deterioration analysis, we will present our results and recommendations to City staff.. This analysis will become ant essential building block for the projected live -year CIP/maintenance pragrnms. We will establish/update a nr:intenatnce "decision tree" that will be used to generate pavement recommendations that match current fiscal year nlaietenatlee atpproaaches/City practices. This will be accomplished by assessing/updating the unique and individual PC1 ranges and deterioration curves within MicroPAVER based an functional class (Lc, arterial, collector, local) and age, .tout°stal'l'will review the South Pasadena deterioration carves that have been developed lased on historical pavement condition, inspection, surface type, and road class. The curves will be modified based on current pavement conditions. The strategies that are typically reviewed are rehabilitation mid reconstruction (R&R), localized maintenance, slurry seals, and various Overlay types, the expected ilnprovenlent in pavement condition, the life -cycle extension that would result and the unit costs for maintenance. All maintenance practices/unit costs will be integrated into MicroPAVI R and will be derived from the tnosi recent eontitruction bids for pavement re1labiIitutlon. We will accountfor inflation rates when long-tcrn1 revenues projections are made. Our Project Manager and Principal will \volts closely with City in defining repair and rehabilitation strategies during each fiscal year and within each Zone defined by the City. Once the repair/rehabilitation strategies have beat defined, the identification of a five year Forecasted Maintenance schedule will be generated. The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review oldie City's Pavement CIP • ?resent pavement conditions; Desired levels of service and available resources Professional Services Agreement —Consultant Services Page 23 or 31 108 of 324 • Projected / Forecasted PCI' y per section • Cost benefit of individual strategies (e.g. maintain PCI in 5-years, etc.) • Scheduling with the City's major CIP projects (water, sewer, etc.) • Budgetary recommendations that satisfy METRO guidelines • Future routine maintenance needs based on projected deterioration rates The primary emphasis of this task is to maximize the scheduling of street maintenance using the roost cost-effective strategies available and tacking into uccaunt a life -cycle cost analysis, A working "draft" Final Report wilt be generated for City stall" to review. The report will Include an executive summary, the PCI Report as well Fly draft budgetary finding:; and recommendations. Deliverable: Two copies of the Draft Pavement Management Program Report TA city ytcie Q l METIALCIoarty We will deliver the Final Report to the City which will be essential for staff reference and use as well as presented in a way that is beneficial for elected officials/upper management. This report will assist the City in complying with METRO. The report will be prepared in a format that uses the information delivered by MicroPAVER in conjunction with the information and analysis performed by our terror. The report will provide the City with infcirmattion on: • Current inventory and pavement conditions indices (PCI) For all road classes • Projected annual rehabilitation programs Fo• street maintenance for a 5-yr period (ARTERIAL and LOCAL Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service; • Modeling and comparison of budget :;cenrariati typically Include: ▪ Current / Actual budget 5-year projection (citywide approach) • Identification ofannual funding to maintain current PC1 afters -years 11 Increase current PCI within 5-years ■ Gradual, Fr'ontloaded, Constrained and Unlimited funding analysis • Strategies and recommendations for the City's maintenance programs and procedures, including a preventative maintenance schedule; ▪ Supporting documentation required by METRO; and A detailed breakdown of deferred maintenance (backlog). We will make a presentation of the results from the 2019 PMP update to City personal and/or City Council if necessary -pro bono. Registered Engineer: Mr. Steve Bucknamn, P.F. will supervise nfl operations, review all completed data and prepare and sign a final report incorporating the results of our pavement Professional Services Agreement -Consultant Services Page 24 tir 31 109 of 324 evaluation and conditions, We will provide engineered recommendations for pavement rehabilitation and replacement design based upon field data and analysis. Deliverable; Three (3) bound copies of the Final Pavement PMP Report (plus one original signed by our Registered.En,ginecr, CA No. 20903), in binder and electronic form (,pelf), will be sent to the City. Buckman will provide one (1) DVD copy that includes all final reporting - documents, MicmPAVER .e70 PMP database and GIS filet. TASK 4.5: PMP Mappj.ltg,aalacl GIS Update As an enhancement and proactive approach to. this project, our staff will update and publish a Pavement-G1S link between MicroPAVCR data and the City's GiS system. 13uckna nt will utilize the City's existing PMP-GIS .41aapefile (in -hand) as as starting point for updating the layer. By using the unique segment ID's within the PMP and the City's ESRI street shapefile ID's, we will update/verify a one-to-one match for each pavement section in the GIS. All pavement . segmentation. within the PlvIP database will be mirrored within the South Pas ndenaOMS layer which will allow all pavement data to be published on the GIS layer. With a convicted survey nncl we will update the PMP-GIS layer with all final PC1 data. The maps described below will be incorporated into the City's Final PMP report: • PC1 values for every section; Work History identifications; 5-yr Arterial / Local Rehabilitation and Slurry Seal Programs; and • Functional classification maps Our staff' will coordinate all project deliveries with thePublic Work and the QIS division to ensure that the most current and accurate PIVIP GIS niaaps are represented within the City's GIS. enterpri e/ArvG1;S Online/Ooogle Earth ('.kntz), Sample •2019 South Pasadena-GIS PMP reap below. Deliverable: Complete ESR1 GIS files/.krnz format, themes based on list above (shapeftics) 4) Scope of Work (Asset Management Information System - Major Tasks) Our firm specializes in torn -key Public Works GIS integration aind publications utilizing existing CIS Enterprise sources available at the City as well as management enhancements that track and provided valuable Operation & Maintenance data (Le. streets, Water, Sewer, Signs, etc.). Buckman will serve as the "go -to" GIS staff for the City's Public Works and will champion the. 14sse5sincnt, recommendation and implementation of the following GIS services: • Phase 1— Assessment of Available GIS data; • Preparation of Asset Management Information System (AMIS) memorandum; tr City Review and Approval of AMES; • Publication of cloud -based GIS Management tool (ArcGlS Online) M GIS staff uu;mentution (on -site and off -site) Phase II (Technical Support) - Core CIS Annual Updates (Public Works Department); • Phase 11(Optional) - Special GIS Projects (Public Works Department, as -needed Professional Services Agreement r Consultant Services Pitge 25 of 31 110 of 324 projects); TASK 4.6: Implementation of AMIS — GIS (Phase I), As more and more local agencies rely on digital GIS "go -to" sources, the City has recognized the need to establish a common-sense, effective Asset Management Information System (AM IS) Program within Public Works. Due to availability and low -cast GIS options that are available today for implementing a Public Works department GIS Program, we have described below our proven and successful approach that will allow South Pasadena staff to access, query and manage your inftastrueture assets, records and maps through BR! ArcGIS Online. Recognizing than the G15 system is, critical to day-to-day operations within the City aid its Public Wore; department, an initial assessment of atvailable City and County GIS data is needed, Initially, I3ucknarn will gather all available GIS data (streets, water, etc.) and identify VatriMIS GiS "data needs" (Le. traffic signals, street lights) that are to be published within the AMIS. These assets will include: PdvQrrl ntMana ernent M�Stormt7rainSYstetn` �. » »..._ ,....__. 1NalQr infrastructr and SCAt7>� .7rafftcSt rsatfs & 5lr....., » „ Se>verJnfrastre� tune 1CityC�tivrted5trestkights" street signs/Traffic Contratmarkings Traffic!nate istreetTrees • indicates that no 6IS•bosed data Is nvaliable from City Deliverable: The results of Off review of available South Pasadena GIS data, software and management methodologies will be the preparation of a►n AMIS technical memorandum that will provide the City with the following: ✓ Identification of all available South Pasadena GIS data (sourced by the City and/or County) * General findings regarding data quality, quantity, usefulness and application; A Recommendations for the AMIS cloud -based GIS program; • Data schema and server side file network mapping; and • Operations & Maintenance of AMIS program / annual support With City's approval of the technical memorandum implementation goals combined with our experience of executing turn -key G15 solutions for local agencies, Bueknum will identify aind publish all viable aloes essential Public 'Works GIS data ttn ArcGIS Online, ,..Ptilgial#ti.mof'.AMIS. Cr15 h Traaini t I hit4ej with the approval of the City GIS project management team, T3ucicnam will initiate the GIS Management efforts to implement and oversee the South Pasadena GIS (SPOIS). This will include the irpleineittution of the City's purchased ESRI ArcG1S Online software. This integration will allow the City to immediately accet48 all existing GIS dater ,stored and maintained by the City's Public Works department as well as other known GIS layers (i.e. available County of Los Angeles GIS data 4tich at:; Parcels, Planning, city boundary, street centerline, aerial imaging, etc,). Professional Services Agreement — Consultant Services Page 26 of 31 111 of 324 Bucknaan1 staff will assist in the importing of this data and create a live, internal GIS web service through AreQf$ Online that will grant Public Works staff (and other key clepertments) access to GIS, These services will be considered Phase I of the project and will allow staff to begin using viable GIS Public Works data that exists today. Deliverable: ESR1 ANGIS Online software and training documentation TASK 4.& Mica+ol'AVER PMP f tM'S-GIS Training • PMP Training With PMP software -use being one of the key components to a succes!;ftll PMP implementation, we will provide City staff with duality, certified training and the necessary skills needed to maintain the ?MP. • Bucknam will provide City stall' with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and software use, Based on the number of future users, our staff will deliver as many copies as needed by Citystaff to fadilitUte the program. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive training scssiolns covering PMP implementation, PMP Methodologies, field survey practices, PCI calculations, editing/updating the database, budget needs analysis, and how to publish PMP data to GIS/Goof le Barth. This is estimated to consist of a minimum of 8 hours of training. Training typically involves one (1) clay of training on the PMP software and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology, We can train one key individual or an entire classroom using a City training facility pending on your needs; the intent of this training is to empower and allow City staff to continue updating the PMP database on their own after this project is completed. - AMIS — GIS Training With the integration of P,SRI AreGIS Online su1porting the City's Asset Management Information System goals, Bock nani staff will ctitablish training .sessions 10 demonstrate, educ:aie and integrate the new OS interface management tool. Our ANUS G15 training will include accessing the South Pasadena ArcGIS Online neap galleries, tutorial guide, data schema location/management, Public Works GIS data access (Streets, Water, Sewer, etc,) and operations & maintenance practices, Bucknam will schedule a final review meeting with City staff to ensure that all technical services are working and staff has a solid understanding of the GIS user.interfaace,•. From there Phase iI GIS services will be discussed, Phase lI services will include the identification cart€nnuaal operation & maintenance "core" projects for ille remainder of the 2019 2O calendar period, AMIS technical support will include 40 hours for the remainder of the FY 2O19 20, Phase 1I 0IS Support Services An annual need has been identified to implement tt GIS management rotate to champion and ensure GIS projects are efficiently managed (GIS Operations & Management) once the program is up and running, This is essential to achieving short-term goals and establishing the Tong -term success of the South Pasadena Geographic Information System (SPG1S). Professional Services Agreement — Consultant Services Page 27 oi'3 t 112 of 324 Project priority and delivery are also essential to this success in the coming years. With Bucknam Infrastructure Group, Inc, (Bucknam) staff working onsite and through remote VPN access we will immediately be able to assess ongoing GIS projects (internal,rand with outside consultants), implement solutions to known short-term GIS needs and mmnage long-term GIS priorities. With a Public Works/citywide understanding gained Irom assessing these priorities, Bucknam will serve as the go -to GIS management team for the remainder of the 20I9 20 fiscal year. We will facilitate numerous GIS Operations and Maintenance prefects for the GGIS Program. Our efforts will include: • Assessment and Qualification of GIS ©tart for AreGIS Online use; • GIS staff augmentation — ArcGIS Online management; • Updates to Phase I GIS Data layers Core GIS Annual Updates (Public Works Department); • Quarterly Department GIS meetings — Action Item deliven.blry/notes • Optional Special CHS Services This methodology will create a "go -to" GIS staff that will support the Public Works department with quarterly GIS tasks, on -site services, annual core GIS projects and as.needed "special" GIS project support, !-Iaviitg Bucknam Muff available to serve as an extension or Public Works GIS :staff will enhance data accuracy, availability, communication between departments, scheduling or future GIS projects, GIS budget development Land GIS deliverable requirements for internal and external project data. The quantity of these services will depend on the City's annual GIS priorities and available GIS budgets. Bucknam will he providing their own hardware and software during this effort; only a work %union (office) and access to the, Ci€y';s ArcGIS Online service will be required from the City. Becknam will work with MN. Kristine Courdy to ensure that our on -site hardware and software have the necessary and secure access to the City';, file network and data. Buckman will also work with South Pasadena IT staff regarding off -site, intcrnet VPN remote access to the GGIS data and GIS Enterprise files as well as on -site setup, TASK 4.9: South,Pasadena My Roads PM' Web -Portal South Pasadena My Roads Web -Portal - Buckman now provides all our MicrQPAVER clients with a unique and agency driven "My Roads" web -portal that provides instantaneous aecess to your MieroPAVER database. This "dashboard" allow:; user to toggle throur,,h individual sections via GIS mapping or queries, zone selection, rank selection, etc. to review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. Bucknam has shown above the current "My Roads" actively working! This tool will be accessed by City staff simply through a Uscrntnne/Password methodology. As changes are made to the South Pasadena MicroPAVER database the My Roads datttset is.irnmediately changed to reflect work history edits, PC! inspections and section changes. Professional Services Agreement — Consultant Services Pap 28of3I 113 of 324 In summary, My Roads allows the user perform the following dynamic functions: • Query for a specific pavement segment to view its inspection PCI, work history and inspection history on one dashboard; + Filter for pavement sections within a defined zone, PCI range and/or functional Gauss; • Select a pavement section -or grouping of section through the on -board GIS tool. Deliverable: My Roads PMP'Web-Portal Professional Services Agreement m Coni uIInni Services Page 29 of 31 114 of 324 Exhibit B Approved Fec Schedule Below is the approved fee schedule for the scope of services_ Task Description Principal Project GIS Manager Analyst Field i Tech(s) Admits Total by Task 2019 Base Fee 5295/hr $185/4 S145/hr 592/hr $80/hr Task 1 Project Implementation - Task 1.1 Project Kickoff 1 $1 85 Task 1.2 Project Status Meetings - Quality Control 1 2 1 S SI.546 Task 2 Client Satisfaction Task 2.1 Project Deliverables 2 1 S45() Task 3 Project Schedule Task 3.1 Work Flow / Project Schedule 3 4 5738 Task 4 Scope of Work Task 4.1 South Pasadena PMP Implementation / Update Work History 1 6 S737 Task 4. I Purchase of M icroPA VER $1,170 Task 4.2 Pavement Condition Survey (approx.70 miles) 3 3 98 $9,861 Task 4.2a Sidewalk GIS Layer Build 3 6 60 S6,9-15 Task 4.21) Development of Sidewalk Maintenance Database 2 5 8 +2,2G6 'Task 4.2c Sidewalk/C&G/Raunp Condition Survey (approx. 120 miles) -1 160 516,040 'fa',k 4.3 Maintenance & CIP / Budgetary Analysis ,_— I 4 _-___-____- $74() 24 4 Task 4.4 Citywide C1P/ METRO Compliance Reports 1 55,395 Task 4.5 PMP Miffing and GIS Update 3 d 8 51,686 Task 4.6 Implementation of AM IS-GIS (Phase t) 1 10 12 10 54,805 Task 4.7 Publication of AM IS-GIS (Phase I) =1 28 14 $6,088 Task 4.8 M icroPAVER PMP / AM IS-GIS Training 2 8 8 - $1,266 Task 4.9 South Pasadena My Roads PMP Web -Portal $1,750 Purchase of ESRI ArcG1S Online $2,875 Reimbursable (mileage, printing, materials) $2,457 Total Hours per Sta1T 3 66 77 384 2 2019 Total Base Fee $ 885 $ 12,210 $ 11,165 $ 35,328 $ 160 $68,000 , The City will not pay an excess or the total amount for each Task (1-4) except as upon prior written approval of the agreement administrator. Professional Services Agreement — Consultant Services Page 3(1 of3l 115 of 324 Below are the hourly rates for the Consultant Services: Category • Kate . Principal $295 Senior Project Manager $215 Senior Engineer / Planner +195 Construction Manager $190 Pavement Management Project Manager $185 Management Analyst $165 Project Engineer / Planner $ 160 Engineer / Senior Technician / Sr. GIS Analyst / Senior Inspector $145 Assistant Engineer / GIS Analyst / Inspector $ 135 CADD Operator $110 Administrative Assistant Field Technician $92 Clerical / Ward Processing $go Forensic Services Quote Reitnbut sable Mileage ," 0.67/cnile Subconsultant Services Cot + 15% Rcproduciion Coss + 15% Travel & Subsistenc:e Cast + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% Professional Services Agreement —Consultant Services Pogo 31 i)t'31 116 of 324 'MLLIS OF IL1,IN91S, !NO 253 WACK'ER Of1,SUITE 2300 CHICAGO INSURED^ BUCKNAh1 INFRASTRUCTURE GROUP INC 3543 SEAGATE WAY STE 23e OCEANSIDE ACORD D CERTIFICATE OF LIABILITY INSURANCE UAW tMMJ0e1YYYYf 1W9,,2p19 THIS CERTIFICATE IS ISSUED Ate A MATTER OF INFORMATION ONLY AND CONFERS ND RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIOIES BELOW, T}IIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(s), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIO AL INSURED, the policy(lus) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and oanditlons of the polioy, certain petioles may require An endorsement. A statement on this certificate dries not nonfat rights to the ceriiflcote holder In lieu of such tndorsementia}. rnOgucen06 TADT YPlAA4 ayes ell;.. CBifixaloQHa ngver.com irHall (BBks} 828; 2d2d� __... INserdisis}AF>ndRDAD aveRA96 If 696E6 SyRa A Citizens Ina Co et America n » ^ INsu�_ReR a Hnnaver Insurance Ca INSUr I HonoverAmnrfcanIna Co AMER mg mart g I iNSiiRERE•----_____— CA 02050 r.M1rCIL 31534 22232 39Da4 OOVErrACB CERTIFICATE NUMBER: REVISION NUMB R: THIS IS 70 CE'RTiHY THAT THE POLICIES OF INDICATED. NOTWITI4STANDTNQ ANY REQUIREMENT, CERTIFICATE MAY BC ISSUED OR MAY PERTAIN. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES `� INSURANCE SUER MNL+ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF MY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POUCII:S UESCRISEA HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED t1Y PAID CLAIMS. LTD! . TYPO OP INSURANCE AOP INso PoLIGYNUMeari ,,s�y�,�CYyHgPF 01,4a11 grhYVI dluVel[F DE franimnNYV I LIMiTs A vt DOMMERCIALGENERAL LIABILITY �% [1-4I OCCUR APj`PLIeGv�fi +_ i LOC Y Y fll3C A999#156 05Iti1 VT/10120t9 09,1612020 EAalOCCIJnR✓}NC2 USA' ETTU RENT6i3'" -I?[iEMtN,St arcP/Rutt4.P.L., xi'I/!nranonersanl-__.3 PERSONAL&AAVINJUR' D 2,000,900 QENLAOCRE1sA72 CLAIMB.MAD0 LIMIT VOLiCY Lv..I jgor DINER. 5 "1,Qno000 10.,000 w a.e Ti 2,000.000r GENE RALAGGREGATE 14,000,000 PRO[7UCTS-,COttIOPADD S. 4,200,000 4 A AUTOMOBILE n _HIRED LIArILITY ANY AUTO OAOd—n N1 Y /S�eo . SCHEDULED LC AUTOSj Y Y PBC A3g905D 05 ea/1312010 11 i 012020 C } !Nl3LIf LInuT j :s 2,QnO,0il0 00'J01LYNi,1URY!Pet pat sual S e0biLY INJURi, War Amnon') 1jiLiAiSdG$—• 1 g 5p'S y 5 A J ... OMBr1ELt.ALIAO #1 v/ excessL1Ati E twoIY� nFT!"NTIr3tJS-.._.r��......��.» ctccuR CLAR.IS•IaAits Y Y 013G A399056 OS 00116/2019 091ta1,TOTa r 6ArtIC}CGURREhCE „M Ae3A0C,AlE ..,,.,,,.,........._. s 3.000,000 5 3.D00000 ___. S__.....,.__.., G WDRHf"RSCOMpEr15AT1ON ANDEMPLOYMS'LIAUILttx AIWPROPRI 'rOti1PARTNEAEEXECUTIV6 YIN OFP10EniMEMI3EREXCIAVEDI L. I1AIIalfelnry In NHI if yes. dascr'5o undar DESCRiPTIOr10P OPERATIDi S him' NIA N WZCA30994605 , _ 601101,2U1D 0911E/2020 V IPhR r,1Trr,.. �T �Tp `E1 E }�7GHACr IpQNT — . _— —. E 1 Disa.Ase . EA emploYE:6 �� — I; L DismsE . no tl2Y tun. S 1,OQ6,P9 W-- 5 1,0f10, 0U --�-- - 5 1,ODD.U00 B Architects s Engineers Prof Lisa N N LUC N023717 on 03/10/2010 09/1012021 Clalme.Made: S2M Ea ClDinid$2M Agg #109CRIPTIDNOF0PRRATioN51LOCATIONS/ Vr;0ICLES IACERBiot,Addelonblflnlnarhasalwdule,mayboattaerladItmorespavalsroqulrpdi The C[ty, its City Council, Oantimfasions, ofIlCers, end employees of South Pasadena are Add'Ilonai Insured on Ilim General Liability pdrsuanl to the tarns nod coadhtons by form 391.1886. Additional 1n0lrred la Primary and Noneonirihulory to the extent provided by rorm 301.1003 (pg 70 of 01) Waiver of Sabragation as provided by forme 331.1003 fog SO or 1) Cancellation Nalice will bo provided to the CerliNcate Holder pursuant to endorsement 401.1235 Su Il entree is sotely for Uta purpose of informing the C0r1166Cate Holder of the effective data of cancellation and does not grant, alter, or extend any rilhls or obligations under lhls policy, CERTIFICATE HOLDER CANCELLATION CITY CP SOUTH PASADENA ATTN PUBLIC WORKS DEPARTMENT 141E MISSION STREET SOUTH PASADENA CA 31033 SHOULD ANY OF TN&MOVE DESDRIOEO POLICIES RE CANCELLED BEFORE THE E1tPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHDIII ZED REPRESENTATIVE Ca 1088.2Q1E ACORD CORPORATION. AU rights reserved. ACORD 2$ (2016103) The ACORD mats and logo are registered marks of ACORD 117 of 324 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 11' CAREFULLY. GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies Insurance provided under the following: EUSINESSOWNERS COVERAGE FORM A. Additional Insured by Contract, Agreement or Permit The following is added to SECTION 11 LIABILITY, C. Who is An Insured: Additional insured by Contract, Agreement or Perrmit a. Any person or organization with whom you agreed In a written contract, written agreement or permit that such person or organization to add as an additional insured on your policy Is an additional insured only with rospecl to liability for "bodily injury , "property damage", or "personal and advertising Injury" caused, in whole or In part, by your acts or onhissiohs, or the acts or umissiane of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, € reement or permit including ""bodily injury" or "property damage" included in the "products -completed operations hazard" only if this Coverage Part provides such coverage. (2) Premises yoeown, rent, lease or occupy; or (3) Yourrnaintenance, operation or use of equipment leased to you. b. The insurance afforded to suoh additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the .insurance which you are required by theconirect, agreement or permit to provldv for such additional Insured. Applies on a primary basis if that is required by the written contract, written agreement or permit. Will not be broader than coverage provided to any other insured. Does not apply if the "bodily injury", "propertydarnage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage ' Part, Including any endorsements thereto. c. This provision does not apply: (1) Unless the written contract or written agreement was executed orpermit was issued prior to the "bodily injury", "properly damarde", or "personal (3) (4) (5) 3914586 00 16 injury and advertising injury". (2) To any person or organization included as an Insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or If the "bodily Injury", "properly damage", or "personal and advertising Injury" arises out of sole negligence of the lessor (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" or offense takes place mite offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The"occurrence" takes place or the offense is committed after you cease to be a tenant in that premises: or (it) The "bodily injury', "property damsge'", 'personal Injury" or "edvertising injury"' arises out of structural alterations, new oonsirucilon or demolition operations performed by or on heholf of the manager or lessor. (5) To "body Injury", "'property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies oven if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily Injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION 11 - LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the additional insured for a covered olafm is the lesser of the amount of insurance: (b) Intrude$ copyrighted material of insurnnne Services Offices, Inc,. with Its permission, Page 1 of 2 118 of 324 1. Required by the contract, agreement or permit described in Paragraph a.; or 2, Available under the applicable Limits of Insurance shown in the Declarations, This endorsement shall not Increase the applicable Limits of Insurance shown In the Declarations B, Aggregate Limits of Insurance per Project or per Location The following changes are made to SECTION 11 - LIABILITY; 1, The following is added to SECTION II - LIABILITY, D, Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of "your projects" preach "location" listed In the Declarations, 2. Per the purpose of coverage provided by this endorsement only, the following Is 391-1588 Olf le H inover Insurance rem. ODCA39o958 1300570 added to SECTION II -LIABILITY, F. Liability And Meclicai Expenses Definitions: 1. "Your project" means: a. Any premises, site ar "location" at, on, or In which "your work" Is not yet completed; and b, Does not Include any "location" listed in the Declarations. 2. "Location" means premises involving the same ar connecting lots, or premises whose connection Is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. includes oopyriglited material of Insurance Services Oflices, Inc, wilts its permission. Page 2 of 2 119 of 324 1. SECTION I - PROPERTY, If Iwo or more of this coverage part's coverages apply to the same loss or damage, we will not pay more than the Tactual amount of the loss or damage. 2, SECTION II - LABILITY, it is our stated Intent that tho various Coverage Parts, forms, endorsements ar policies issued to the named insured by us, or any company affiliated with us, do not provide any duplication or overlap of coverage far the same claim, "suit", "occurrence", offense acoident, "wrongful act" or lass. We will not pay more than the actual amount of the loss or damage. If this Coverage Parl and any Other Coverage Part, form, endorsement or policy Issued to the named insured by us, or any company affiliated with us, apply to the came cleim "suit"; occurrence, offense, accident, "wrongful act" or lase, the maximum Limit of Insurance under all such Coverage Parts, farms, endorsements or policies combined shall not exceed the highest applicable Limit of insurance under any one Coverage Part, form, endorsement or policy. This cond€lien does not . apply in any Excess ar Umbrella Policy issued by us specificallyto apply as excess Insurance over this policy. O. LtberaTlzntion If we adapt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to ar during the policy period, the broadened coverage will immediately apply to this policy. 19. Other Insurance 1. SECTION I - PROPERTY If there Is other iinsurence covering the same loss ar damage, we will pay only for the amount of covered loss or damage In ernes of the amount due from thal other insurance, whether you can collect on it or not. But, we will not pay mote than the applicable Limit of insurance of SECTION I - PROPERTY. 2, SECTION II - LIABILITY If other valid and collectible insurance is available to the insured for loss we cover under SECTION 11 - LIABILITY, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is Ells° primary. Then, we will share with all that other Insurance by the method desorlbed in paragraph c. below, HangInsurance wroup- 08CA399956 1300670 However, if you agree In a written contract, written agreement, or written permit that the insurance provided to any person or organization included as an Additional Insured under this Coverage Part is primary and non -Contributory, we will not seek contribut€on from any other insurance available to that Additional Insured which covers the Additional insured as a Named Insured except: (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is an Additional Insured under another liability policy. h. Excess insurance This insurance Is excess over: (1) Anyetof hof the other insurance, primary, excess, contingent or on any ether basis: (a) That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily oacuptud by you with permission of the owner; or If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject tea SECTIDN 1I - LABILITY, Exclusion g. Aircraft, Auto or Watercraft; and Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this Insurance is excess, we will have no duty under SECTloN II LIABILITY to defend the insured against any "suit" if any other Insurer has a duty to defend the Insured against that "suit". If no other Insurer defends, we will undertake to do so, but we will be entitled to the (2) (e) (d) 391-1003 OB 16 Ineiudea copyrighted nierlrtl of insurance SorVicgs Office, Inca, with its perrnfs5iun. Page 79 at 81 120 of 324 Insured's rlghte against all those other Insurers. c, When this Insurance is excess over other insurance, we will pay only our share of the amount of the Toss„ if any, that excoods the sum of; (1) The total amount thel ell such other insurance would pay for the loss In the absence of this insurance; and (2) The total of all deductible and soil -Insured amounts under all that other Insurance. d. We will share the remaining lose, if any, with any other insurance that is not described In this provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declaralions for this Coverage. e. Method of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by linrifs. Under this method, each insurer's share is based on the ratio of its applicable Limit of insurance to the total applicable limits of insurance of ail Insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit„ that any other insurer has a duty tc defend. ff no other Insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. Premiums 1. The first Named insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect al the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the 3 1.10e5 08 16 premium In accordance with our rates and rules then In effect, 3, With our consent, you may continue this policy in force by paying a continuation premium for each successive one.year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary dote that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. if so, we may require an additional premium. That premium will be determined In accordance with our rates and rules then In effect. J. premium Audit 1. This policy is subject to audit If a premium designated as an advance premium is shown In the Declarations. We will compute the final premium due when we. determine your actual exposures. 2. Premium shown In this policy as advance premium is a dopoalt premium only. Al the olose of each eudit period, we will compute the earned premium for that period and send notice to the first Named insured, The due date for audit premiums is the date shown as the due dale on the NIL If the sum of the advance and audit premiums paid for the policy period is greater then the earned premium, we will return the excess to the first Named Insured. 3. The first Named tneured must keep records of the Information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I PlOMITTY Coverage; If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rlghts are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to Impair them. But you may waive your rights ageinst another party In writing; Includes copyrighted otateribl ref Insurance Services Offtcs, ino , with its permission. Page 80 of 01 121 of 324 OBC A309966 Q5 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL) iT CAREFULLY, NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modifies insurance provided under the following;. COMMERCIAL GENERAL LIABILITY COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM I3USINESSOWNERS COVERAGE FORM Name of Gesl hated Entity Mailln or Email Address Number Days Notice CITY OF B0UT11 PASADENA ,Address 1414 MISSION STRICT 30 "" ATTN: PUBLIC WORKS DEPARTMENT SOUTH PASADENA OA 91030 1..0 ........ u.... u._.... .r.,....,1 �............1_!�. cam._ n��_-'--_ ,� __. ._....._ . - .... If we cancel this .policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entlty(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing, The notice to the Designated Entity(s) will state the effective date of cancellation, Unless othetwlss noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation, Such notice of cancellation Is solely for the purpose of Informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, Pagel of 4111-123S 12 14 eig11Ices [.}Hire. Inc., tsnh:ty pern i mt 122 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #081716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2021 Freightliner M2106 XT Pro 70 Forestry Aerial Boom Truck in an amount not -to -exceed $209,265.45. (Engineering/Public Works) Please scroll down to view the backup material. 123 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell (formerly "National Joint Powers Alliance") Contract #081716-NAF with National Auto Fleet Group for the purchase and build -out of one (1) 2021 Freightliner M2106 XT Pro 70 Forestry Aerial Boom Truck in an amount not -to -exceed $209,265.45. PREPARED BY: Tirza Gonzales, Management Analyst II ' t PARTMENT: Engineejg/Pu.Iic Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: 1/41.- ACCOUNT NO. APPROVED: 644-416-227-511-0000 (Equipment Replacement Reserve — Parks) $209,265.45 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution awarding the purchase and build -out of one (1) 2021 Freightliner M2106 XT Pro 70 Forestry Aerial Boom Truck for the Public Works Parks Division. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Quote 3. Sourcewell Contract Number 081716-NAF. 4. Resolution 124 of 3241 Explanation: The current Forestry Aerial Boom Truck used by the Public Works Parks Division has exceeded its useful life and is scheduled to be replaced. Staff desires to purchase a new 2021 Freightliner M2106 XT Pro Forestry Aerial Boom Truck. Consistent with Section 2.60.260 of the, National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #081716- NAF with Sourcewell to allow for the purchase of one (1) 2021 Freightliner M2106 XT Pro Forestry Aerial Boom Truck. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the Sourcewell Contract #081716- NAF with National Auto Fleet Group was competitively bid through a Request for Proposals (RFP) process, and that the State of California Department of General Services procurement procedures are in substantial compliance with those of National City. Therefore, staff requests that City Council authorize the Mayor to award the purchase of one (1) 2021 Freightliner M2106 XT Pro Forestry Aerial Boom Truck to National Auto Fleet Group in an amount not to exceed $209,265.45, consistent with Section 2.60.260 of the National City Municipal Code regarding cooperative purchasing, by piggybacking onto the Sourcewell Contract #081716-NAF. The funding to purchase this vehicle was approved by City Council through adoption of the FY 2020 annual budget. 125 of 324 National Auto Fleet Group A Division of GheveoIet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076 (855) 289-6 572* (831) 480-8497 Fax Fleet@I'JatianalAutoFleet0roup.cam I0/14/2020 Quote 11) 111) — 136711R Mr. Ruben Huerta City of National City 1243 National City Blvd. National City, CA 91950 Dear Ruben Huerta. National Auto Fleet Group is pleased to quote the following vehiele(s) for your consideration. One (1) New/Unused (2021 Freightliner M21.06,1)D8 7.71, .Engine, Allison 3500 RDS Transmission w/PTO with Terex. Hi Ranger XT PRO 60/70 from Customer Truck One Solutions,) Provided by Mr. Ernesto Contreras with Golden Crate Truck each for: One Unit (1) Sub Total $ 192,428.00) Tax (8.75%) .`6 16,837.45 Total $ 209,265,45 Payment must be issued prior to MSO being released. This vehicle(s) is available under the Sourcewell (Formerly known as NJPA) Contract Number 081716-N.AF. Please reference this Contract Number on all Purchase Orders. Thant: you in advance for your consideration. Should you have a.n.y questions, please do not h.esita.te to call. Sincerely, W I' i3'en Rodriguez Contract Manager Office (855) 289-6572 Fax (831) 480-8497 'v7E Ft 126 of 324 127 of 324 EQUIPMENT: WORKING HEIGHT: 75' BOTTOM PLATFORM HE,GHT: 70- OVERCENTER SIDE REACH:49.9' NON-OYERCENTER SIDE REACH_ 45' LOWER BOOM ARTICULATION:0° TO 125° UPPER BOOM ARTICULATION: 0° TO 256° SIDE MOUNTED 24" X 24" X 40" ONE PERSON PLATFORM PLATFORM CAPACITY OF UP TO 400 LES. 1181 KGI CONTROL -PLUS -3-a- SINGLE STICK AT PLATFORM CONTINUOUS UN RESTRICTED' WORM GEAR ROTATION CATEGORY '"C" RATING PER ANSI A92.2, FIBERGLASS BOOMS RECTANGULAR, BI-AXIAL EPDXY RESIN. FILAMENT WOUND INDIVIDUAL LEVER LOWER CONTROLS MECHANICAL PLATFORM LEVELING FULL PRESSURE, OPEN -CENTER HYDRAULIC SYSTEM 40 GALLON HYDRAULIC OIL RESERVOIR PADDED BOOM RESTS WITH UPPER BOOM TIE DOWN BOOM; OUTRIGGER INTERLOCK MOVING OUTRIGGER ALARM, TRUCK LEVEL INDICATOR 10 YEAR MAINTENANCE FREE LEVELING CHAIN DUAL HYDRAULIC TOOL OUTLET AT BOOST TIP, MANUAL PLATFORM TILT STANDARD CONFIGURATION: CHIP BOX AND I1DES1 ASSEMBLY WITH }HOLDING VALVE 4'"X50-X25" 2-DOOR CABINET BOX W/ROPE HOOKS 36'X.13-X25- THRU/'POLE BOX WiDROP DOOR, 72-X56-X22-1-D00R CABISJET THRU BOX SPRNO LOADED CAB GUARD Wit STEPS AND GRAB HANDLES DASH MOUNTED PTO SWLTCH 32I WHEEL CHOCKS WITH U'NDERBODY STORAGE 121 OUTRIGGER PADS'MTH UNDERBODY STORAGE ICC REAR BUMPER WITH PH30 PENTLE HOOK ELECTRONIC. TRAILER BRAKE CONTROLLER 161 PRONG TRAILERSOC'KET 35 GALLON HYDRAULIC RESERVOIR CHASSIS SPECS: FREIGHTLINER BUSINESS CLASS M2 106, PAINTED WHITE CUMMIN515B DIESEL. 250 HP SCR TECHNOLOGY WITH 5 GALLON DE5 TANK 50 GALLON ALUMINUM FUEL TANK 13.4" CAB TO AXLE ALLISON 3507 PUS AUTOMATIC DR 6 SPEED MANUAL AIR BRAKES 13.300 1.8 SET BACK FRONT AXLE. 21,006 LB REAR AXLE, FACTORY DE -RATED TO 33,1300 GVWR 11R22.5G TIRES FRONT 121 AND 111322.5G REAR 141 50-STATE EMISSIONS COMPLIANT, CA. CLEAN IDLE AIR CONDITIONING' ENGINE BLOCK HEATER DUST/BUG SCREEN MOUNTED BEHIND GRILL AM / FM RADIO. WEATHER BAND MUD FLAPS "Custom Truck One Source reserves the right t0 change the specification of any unit at anytime thout prior notice. This brochure is only statement of aanera: specifications on the date of this pub Gce; ion. ASK ABOUT THE CUSTOMIZED AND FLEXIBLE LEASING & FINANCING SOLUTIONS AVAILABLE FROM CUSTOM TRUCK CAPITAL • • 888-925-0858 www.customtruck.com US.M TRUCK ONE SOURCE.. Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone, 619-496-6118 A proposal for NATIONAL CITY, CITY OF Prepared by VELOCITY TRUCK CENTERS Dan Walters Oct 14, 2020 Freightliner M2 106 Components shown may not reflect all spec'd options and are not to scale M2106-UTILITY-AERIAL CHIP FREIGHTLINER Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 10/14/2020 9:14 AM Page1 of19 129 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD, SAN DIEGO, CA 92121 Phone: 619-564-3710 SPECIFICATION PRO DOSAL, Description Weight Weight Front Roar Price Levet M2 PRL-23M (EFF:01I21I20) Data \torsion SPECPRO21 DATA RELEASE VER 037 Vehicle; Configuration M2 106 CONVENTIONAL CHASSIS 2021 MODEL YEAR SPECIFIED SET BACK AXLE - TRUCK STRAIGHT TRUCK PROVISION LH PRIMARY STEERING LOCATION General Service Truck Service TRUCK CONFIGURATION DOMICILED, USA 50 STATES (INCLUDING CALIFORNIA AND CARS OPT -IN STATES) UTILITY/REPAIR/MAINTENANCE SERVICE UTILITY BUSINESS SEGMENT FIXED LOAD COMMODITY TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE SMOOTH CONCRETE OR ASPHALT PAVEMENT MOST SEVERE IN -TRANSIT (BETWEEN SITES) ROAD SURFACE MEDIUM TRUCK WARRANTY EXPECTED FRONT AXLE(S) LOAD : 12000.0 Ibs EXPECTED REAR DRIVE AXLE(S) LOAD : 21000.0 lbs EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 33000.0Ibs UTILITY BODY UTILITY TRUCK EQUIPMENT COMPANY M2106-UTILITY-AERIAL CHIP CCIZEMEDJ 5,709 3,503 10/14/2020 9:14 AM Page 2 of 19 130 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description . Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121• Phone:619-564-3710 Weight Weight Front Rear EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32.0 In Engine. DD8 7,7L 6 CYL SINGLE STAGE 280 HP @ 2200 450 30 RPM, 2600 GOV RPM, 800 LB -FT @ 1200 RPM Electronic Parameters 65 MPH ROAD SPEED LIMIT CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT PTO MODE ENGINE RPM LIMIT - 1200 RPM PTO MODE THROTTLE OVERRIDE - LIMIT TO 1200 RPM PTO RPM WITH CRUISE SET SWITCH - 1200 RPM PTO RPM WITH CRUISE RESUME SWITCH - 1200 RPM PTO MODE CANCEL VEHICLE SPEED -15 MPH PTO GOVERNOR RAMP RATE - 100 RPM PER SECOND PTO SPEED 1 SETTING - 1200 RPM PTO MINIMUM RPM - 600 ENABLE OPF REGEN ZONE 1 Engine Equipment 2016-2019 ONBOARD DIAGNOSTICS/2010 EPA/CARB/FINAL GHG17 CONFIGURATION 2008 CARB EMISSION CERTIFICATION - CLEAN IDLE (INCLUDES 6X4 INCH LABEL. ON LOWER FORWARD CORNER OF DRIVER DOOR) STANDARD OIL PAN ENGINE MOUNTED OIL CHECK AND FILL SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER DR 12V 180 AMP 28-Si OUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE (2) DTNA GENUINE, FLOODED STARTING, MIN 2000CCA, 370RC, THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED STANDARD BATTERY JUMPERS SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB M2106-UTILITY-AERIAL CHIP Cry 10 10114/2020 9:14 AM Page 3 of 19 131 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-664-3710 Weight Weight Front Roar WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN NON -POLISHED BATTERY BOX COVER CAB AUXILIARY POWER CABLE 5 POSITIVE LOAD DISCONNECT WITH CAB 8 MOUNTED CONTROL SWITCH MOUNTED OUTBOARD DRIVER SEAT POSITIVE AND NEGATIVE POSTS FOR 2 JUMPSTART LOCATED ON FRAME NEXT TO STARTER WABCO 20,0 CFM SINGLE CYLINDER AIR COMPRESSOR STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR AIR COMPRESSOR DISCHARGE LINE ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM DETROIT MD COMPRESSION BRAKE WITH ON/OFF SWITCH RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH STANDARD EXHAUST SYSTEM LENGTH RH STANDARD HORIZONTAL TAILPIPE 6 GALLON DIESEL EXHAUST FLUID TANK 100 PERCENT DIESEL EXHAUST•FLUID FILL LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING STANDARD DIESEL EXHAUST FLUID TANK CAP ELECTRONICALLY CONTROLLED VARIABLE SPEED VISCOUS FAN DRIVE AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED DETROIT ENGINE MOUNTED FUELNVATER SEPARATOR WITH WATER -IN -FUEL SENSOR AND ESOC FULL FLOW OIL FILTER 700 SQUARE !NCH ALUMINUM RADIATOR M2106-UTILITY-AERIAL CHIP ceiszsgzo 10/14/2020 9:14 AM Page 4 of 19 132 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA92121 Phone: 619-564-3710 Weight Weight Front Rear ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES RADIATOR DRAIN VALVE LOWER RADIATOR GUARD ALUMINUM FLYWHEEL HOUSING DELCO 12V 35MT STARTER WITH INTEGRATED MAGNETIC SWITCH AND SOLENOID Transmission 10 . ALLISON 3500 RDS AUTOMATIC TRANSMISSION 200 60 WITH PTO PROVISION Transmission s.i©n Equipment ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV ALLISON VOCATIONAL RATING FOR ON/OFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED.BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE • SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE M2106-UTILITY-AERIAL CHIP 10/1412020 9:14 AM Page 5 of 19 133 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone:619-496-6118 • Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE FUEL SENSE 2.0 DISABLED - PERFORMANCE - TABLE BASED DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES VEHICLE INTERFACE WIRING CONNECTOR WITHOUT BLUNT CUTS, AT BACK OF CAB ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR MOUNTED BACK OF CAB (2) CUSTOMER INSTALLED CHELSEA 280 SERIES PTO'S PTO MOUNTING, LH AND RH SIDES OF MAIN TRANSMISSION MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND .DRAIN PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED TRANSMISSION PROGNOSTICS - ENABLED 2013 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) Front Axle and Equipment DETROIT DA-F-13.0-3 13,000# FF1 71,5 KPII3.74 DROP SINGLE FRONT AXLE MERITOR EX-L OPTIMIZED AXIAL AIR DISC FRONT BRAKES NON -ASBESTOS FRONT BRAKE LINING FRONT DISC BRAKE ROTORS FRONT OIL SEALS VENTED FRONT HUBCAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL STANDARD SPINDLE NUTS FOR ALL AXLES FRONT AIR DISC BRAKE INTERNAL ADJUSTERS TRW THP-60 POWER STEERING POWER STEERING PUMP 2 QUART SEE THROUGH POWER STEERING RESERVOIR M2106-UTILITY-AERIAL CHIP 10 10/14/2020 0:14 AM Page 6 of 19 134 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear MINERAL SAE 80190 FRONT AXLE LUBE Front Suspension 13,300# TAPERLEAF FRONT SUSPENSION 75 MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION • FRONT SHOCK ABSORBERS Rear Axle and Equipment RS-21-160 21,000# R-SERIES SINGLE REAR 180 AXLE 5.38 REAR AXLE RATIO IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING MXL 17T MERITOR EXTENDED LUBE MAIN 20 20 DRIVELINE WITH HALF ROUND YOKES DRIVER CONTROLLED TRACTION DIFFERENTIAL - SINGLE REAR AXLE (1) DRIVER CONTROLLED DIFFERENTIAL LOCK REAR VALVE FOR SINGLE DRIVE AXLE BLINKING LAMP WITH EACH MODE SWITCH, DIFFERENTIAL UNLOCK WITH IGNITION OFF, ACTIVE <5 MPH MERITOR EX-L OPTIMIZED AXIAL AIR DISC -25 REAR BRAKES NON -ASBESTOS REAR BRAKE LINING BRAKE GAMS AND CHAMBERS ON REAR SIDE OF DRIVE AXLE(S) REAR DISC BRAKE ROTORS REAR OIL SEALS AIR DISC LONGSTRCKE 1-DRIVE AXLE SPRING PARKING CHAMBERS REAR AIR DISC BRAKE INTERNAL ADJUSTERS CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LURE Rear Suspension Brake Systnrn 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER SPRING SUSPENSION - 1.00" AXLE SPACER STANDARD AXLE SEATS IN AXLE CLAMP GROUP AIR BRAKE PACKAGE M2106-UTILITY-AERIAL CHIP cerzsE2 110 10/14/2020 9:14 AM Page 7 of 19 135 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Wailers VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear Trailer Connections Wheelbase & Frame WABCO 48/4M ABS REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES FIBER BRAID PARKING BRAKE HOSE STANDARD BRAKE SYSTEM VALVES STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM STD U.S. FRONT BRAKE VALVE RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE WABCO SYSTEM SAVER HP WITH INTEGRAL AIR GOVERNOR AND HEATER AIR DRYER MOUNTED UNDER HOOD STEEL AIR TANKS MOUNTED AFT INSIDE ' AND/OR BELOW FRAME JUST FORWARD OF REAR SUSPENSION CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET BOTH RAILS OUTBOARD PULL CABLES ON ALL AIR RESERVOIR(S) UPGRADED CHASSIS MULTIPLEXING UNIT UPGRADED BULKHEAD MULTIPLEXING UNIT 5225MM (206 INCH) WHEELBASE 7116X3-9116X1.1-1/8 INCH STEEL FRAME 270 260 (11.11 MMX282.6MM/0.437X 11,13 INCH) 120KSI 1600MM (63 INCH) REAR FRAME OVERHANG FRAME OVERHANG RANGE: 61 INCH TO 70 INCH CALC'D BACK OF CAB TO REAR SUSP CIL (CA) : 140,16 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION CIL (CA) : 137.16 in CALC`D FRAME LENGTH - OVERALL : 307.68 CALCULATED FRAME SPACE LH SIDE : 104.6 in CALCULATED FRAME SPACE RH SIDE : 164.21 In CALC'D SPACE AVAILABLE FOR DECKPLATE : 140.45 in SQUARE END OF FRAME FRONT CLOSING CROSSMEMBER M2106-UTILITY-AERIAL CHIP 10/14/2020 9:14 AM Page 8 of 19 136 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-611 B Desariptlon Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear Chassis Equipment • Cues Tanks Tires • Hubs STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD CROSSMEMBER BACK OF TRANSMISSION STANDARD MIDSHIP #1 CROSSMEMBER(S) STANDARD REARMOST CROSSMEMBER STANDARD SUSPENSION'CROSSMEMBER THREE-PIECE 14 INCH PAINTED STEEL BUMPER WITH COLLAPSIBLE ENDS, SPACED 3 INCHES FORWARD BUMPER MOUNTING FOR SINGLE LICENSE PLATE FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS GRADE 8 THREADED HEX HEADED FRAME FASTENERS LEVEL FRAME RAILS (+/- 1%) WHEN CHASSIS IS LOADED TO FRONT AND REAR SUSPENSION RATINGS 50 GALLON/189 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH RECTANGULAR FUEL TANK(S) PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH PAINTED BANDS FUEL TANK(S) FORWARD PLAIN STEP FINISH FUEL TANK CAP(S) DETROIT FUELANATER SEPARATOR WITH BYPASS EQUIFLO INBOARD FUEL SYSTEM HIGH TEMPERATURE REINFORCED NYLON FUEL LINE CONTINENTAL HSR2 11R22,5 14 PLY RADIAL FRONT TIRES CONTINENTAL HSL2 ECO PLUS 11R22,5 14 PLY RADIAL REAR TIRES CONMET PRESET PLUS PREMIUM IRON FRONT HUBS M21 06-UTILITY-AERIAL CHIP CCIIESED 40 20 -5 16 16 10/14/2020 9:14 AM Page 9 of 19 137 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone:619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear Wheols Cab Exterior CONMET PRESET PLUS PREMIUM IRON REAR HUBS MAXION WHEELS 90262 22.5X8.25 10-HUB PILOT 6.19 INSET 5-HAND STEEL DISC FRONT VVHEELS MAXION WHEELS 90262 22,5X8,25 10-HUB PILOT 5-HAND STEEL DISC REAR WHEELS FRONT WHEEL MOUNTING NUTS REAR WHEEL MOUNTING NUTS 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB AIR CAB MOUNTING LH AND RH GRAB HANDLES MOLD -IN COLOR GRILLE MOLD -IN COLOR HOOD MOUNTED AIR INTAKE GRILLE FIBERGLASS HOOD SINGLE 14 1NCH ROUND HADLEY AIR HORN UNDER LH DECK SINGLE ELECTRIC HORN SINGLE HORN SHIELD DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME KEY QUANTITY OF 4 REAR LICENSE PLATE MOUNT END OF FRAME LED HEADLIGHT ASSEMBLY AND INCANDESCENT MARKER/TURN LAMP LED AERODYNAMIC MARKER LIGHTS HEADLIGHTS OFF WITH IGNITION OFF, WITH DAYTIME RUNNING LIGHTS INTEGRAL LED STOP/TAIL/BACKUP LIGHTS STANDARD FRONT TURN SIGNAL LAMPS DUAL WEST COAST BRIGHT FINISH HEATE❑ MIRRORS WITI-I LH AND RFf REMOTE DOOR MOUNTED MIRRORS 102 INCH EQUIPMENT WIDTH LH AND RH 8 INCH BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS STANDARD SIDE/REAR REFLECTORS M2106-UTILITY-AERIAL CHIP 18 4 36 10/14/2020 9:14 AM Page 10 of 19 138 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear Cab Interior DUAL LEVEL CAB ENTRY STEPS ON BOTH SIDES ELECTRIC HORN WARNING SYSTEM FOR PARK BRAKE NOT SET WITH DOOR OPEN AND ALL IGNITION KEY POSITIONS 63X14 INCH TINTED REAR WINDOW TINTED DOOR GLASS LH AND RH WITH TINTED NON -OPERATING WING WINDOWS MANUAL DOOR WINDOW REGULATORS 1-PIECE SOLAR GREEN CLASS WINDSHIELD 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED OPAL GRAY CLOTH INTERIOR MOLDED PLASTIC DOOR PANEL MOLDED PLASTIC DOOR PANEL BLACK MATS WITH SINGLE INSULATION FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING IN DASH STORAGE BIN (2) CUP HOLDERS LH AND RH DASH GRAY/CHARCOAL FLAT DASH SMART SWITCH EXPANSION MODULE 5 LB. FIRE EXTINGUISHER HEATER, DEFROSTER AND AIR CONDITIONER STANDARD HVAC DUCTING MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD HEATER PLUMBING VALE) HEAVY DUTY A/C REFRIGERANT COMPRESSOR BINARY CONTROL, R-134A STANDARD INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM DOME LIGHT WITH 3-WAY SWITCH ACTIVATED BY LH AND RH DOORS CAB DOOR LATCHES WITH MANUAL DOOR LOCKS M2106-UTILITY-AERIAL CHIP ccizalizix 10 10/1412020 9:14 AM • Page 11 of 19 139 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 6'I 9-4 99 6-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone:619-564-3710 Weight Weight Front Rear (1) 12V POWER SUPPLY (1) DUAL 2.1 AMP USB CHARGER IN DASH BASIC HIGH BACK AIR SUSPENSION DRIVER 30 SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION BASIC HIGH BACK AIR SUSPENSION 25 10 PASSENGER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION LH AND RH INTEGRAL DOOR PANEL ARMRESTS BLACK MORDURA CLOTH DRIVER SEAT COVER BLACK MORDURA CLOTH PASSENGER SEAT COVER BLACK SEATBELTS ADJUSTABLE TILT AND TELESCOPING 10 STEERING COLUMN 4-SPOKE 18 INCH (450MM) STEERING WHEEL DRIVER AND PASSENGER INTERIOR SUN VISORS InstYUtmmt';t & Controls GRAY DRIVER INSTRUMENT PANEL GRAY CENTER INSTRUMENT PANEL (2) SWITCH CUTOUTS AND BLANKS IN CENTER PANEL BLACK GAUGE BEZELS LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 97 DB BACKUP ALARM a ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY WITH ECM STARTER LOCKOUT ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS, 28 LED WARNING LAMPS AND DATA LINKED HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 2 INCH ELECTRIC FUEL GAUGE EMISSIONS LIMITED IDLE ADJUST M2106-UTILITY-AERIAL CHIP CCIZEIECID 10/14/2020 9:14 AM Page 12 of 19 140 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD, SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY (1) DASH MOUNTED PTO SWITCH WITH INDICATOR LAMP ELECTRIC ENGINE OIL PRESSURE GAUGE AMIFMIWB WORLD TUNER RADIO WITH AUXILIARY INPUT, J1939 DASH MOUNTED RADIO (2) RADIO SPEAKERS IN CAB AM/FM ANTENNA MOUNTED ON LH SIDE MIRROR ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER STANDARD VEHICLE SPEED SENSOR ELECTRONIC 3000 RPM TACHOMETER VT-HU CONNECTIVITY PLATFORM HARDWARE 3 YEARS DETROIT CONNECT BASE PACKAGE (VIRTUAL TECHNICIAN, DETROIT CONNECT PORTAL ACCESS) FOR VT-HU CONNECTIVITY PLATFORM EGNITIDN SWITCH CONTROLLED ENGINE STOP (6) IGN CONTROLLED EXTRA SWITCHES WITH IND LIGHTS WIRED TO POWER DIST BOX WITH RELAYS PROVIDING 20 AMPS PER CIRCUIT TO JUNCTION BLOCK AND 1 CIRCUIT AT 30 AMPS PRE -TRIP LAMP INSPECTION, ALL OUTPUTS FLASH, WITH SMART SWITCH DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WfPER MOTOR WITH DELAY MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERNVIPER AND HAZARD IN HANDLE M2106-UTILITY-AERIAL CHIP cc's/am-5 10 10 10/14/2020 9:14 AM Page 13 of 19 141 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Description Prepared by: Dan Wailers VELOCITY TRUCK CENTERS 6006 MIRAMAR RD, SAN DIEGO, CA 92121 Phone: 619-564-3710 Weight Weight Front Rear INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS Design PAINT: ONE SOLID COLOR Color CAB COLOR A: L0006EY WHITE ELITE EY BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT POWDER WHITE (N0006EA) FRONT WHEELS/RIMS (PKWHT21, TKWHT21. W, TW) POWDER WHITE (N0006EA) REAR WHEELSIRIMS (PKWHT21, TKWHT21, W, TW) BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX STANDARD E COAT/UNDERCOATING Certification 1 Compliance U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Raw Performance Data CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION CIL (CA) : 137.16 in CALC'D SPACE AVAILABLE FOR DECKPLATE 140.45 in Weight Summary Factory Weight` TOTAL VEII1CLE SUMMARY Weight Weight Total Front Rear Weight 6957 Ibs 4203 lbs 11100 Ibs Total Weight' 6957 Ibs 4203 Ibs 11160 Ibs Extended Warranty TOWING: 1 YEAR/UNLIMITED MILES/KM EXTENDED TOWING COVERAGE $550 CAP FEX APPLIES M2106-UTILITY-AERIAL CHIP 10/14/2020 9:14 AM Page 14 of 19 142 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 (+) Weights shown are estimates only. If weight is critical, contact Customer Application Engineering. Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 (*") All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. M2106-UTILITY-AERIAL CHIP FREIGHTLINER 10/14/2020 9:14 AM Page 15 of 19 143 of 324 Prepared for RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 11. GVWR Air tAlt. Prepared by: Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD, SAN DIEGO, CA 92121 Phone'619-564-3710 isvhn)egf7 M2106 Cab Size (829) 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Expecled Front Axle(s) Load (Ibs) 12000.0 Expecled Pusher Axle(s) Load (Ibs) 0.0 Expected RearAxle(s) Load (Ibs) Expected Tag Axle(s) Load (Ibs) Expected GVW (Ibs) Expected GCW (Ibs) Front Axle (40D) DETROIT DA-F-13.0-3 13,000# FF1 71,5 KPIf3.74 DROP SINGLE FRONT AXLE Froni Suspension (620) 13,3004 TAPERLEAF FRONT SUSPENSION Front Hubs (418) CONMET PRESET PLUS PREMIUM IRON FRONT HUBS Front Disc Wheels (502) MAXION WHEELS 90262 22.5X8.25 10-I-IUB PILOT 6.19 INSET 5-HAND STEEL DISC FRONT WHEELS Front Tires (093) CONTINENTAL HSR2 11R22.5 14 PLY RADIAL FRONT TIRES Front Brakes (402) MERITOR EX-L OPTIMIZED AXIAL AIR DISC FRONT BRAKES Steering Gear (536) TRW THP-60 POWER STEERING Rear Axle (420) RS-21-160 21,000# R-SERIES SINGLE REAR AXLE Rear Suspension (622) 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER Rear Hubs (450) CONMET PRESET PLUS PREMIUM IRON REAR HUBS Rear Disc Wheels (505) MAXION WHEELS 90262 22.5X8.25 10-HUB PILOT 5-HAND STEEL DISC REAR WHEELS Rear Tires (094) CONTINENTAL HSL2 ECO PLUS 11R22.5 14 PLY RADIAL REAR TIRES Rear Brakes (423) MERITOR EX-L OPTIMIZED AXIAL AIR DISC REAR BRAKES PusherlTag Axle (443) NO PUSHER OR TAG AXLE Pusher/Tag Suspension (626) Pusher / Tag Hubs (449) NO PUSHER OR TAG HUBS Pusher/Tag Disc Wheels (509) NO PUSHER/TAG DISC WHEELS Pusher / Tag Tires (095) NO PUSHER/TAG TIRES Pusher I Tag Brakes (456) NO PUSHER/TAG BRAKES Model 21000.0 0.0 33000 111 M2106-UTILITY-AERIAL CHIP lgvr';5,v 4 0.0 NO PUSHER OR TAG SUSPENSION 10114/2020 9:14 AM Page 16 of 19 144 of 324 Prepared for: RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 Axles Sti erasion Hobs .... 8rakas Wheels Tiros 1µln'JQ tirE11 Power Steering 1; 1. 4R:.'rt,0 : i1.1 .................... ...... 1 lagtirU G --- .(Pe:axlesystem;....-,....._ I 122U0 Expo:ledLuaU;Verantesystem 1`0 0-,..........._... n s 4 ...d. GV,AR due to Frame ,OCVG4t _.., ...,. w _ :,. (vs's.H CUE to I ransmisston IVIWU Vehicle GVWR Seminary • Axle. CRniponeW4Ve gli l_Ratitrgs Vir,104 2192. 'f7f'�' ,. ...::...... .........:�............ 2g4Q4 Prepared by: Dan Wafters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-554-3710 Calculated 6VVAR Expected GVOIR ny.eiynts shyedmpounds Perforrnance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. M2106-UTILITY-AERIAL_ CHIP 10/14/2020 9:14 AM Page 17 of 19 145 of 324 Prepared for RUBEN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91950 Phone: 619-496-6118 DIMENSIONS 206 in 1053 in ) 312 in rr' k Prepared by: Dan Wailers VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO. CA 92121 Phone: 619-564-3710 Model M2106 Wheelbase (545) 5225MM (206 INCH) WHEELBASE Rear Frame Overhang (552) 1600MM (63 INCH) REAR FRAME OVERHANG Fifth Wheel (578) NO FIFTH WHEEL Mounting Location (577) NO FIFTH WHEEL LOCATION Maxirnurn Forward Position (in) 0 Maximum Rearward Position (in) Amount of Slide Travel (in) Slide Increment (in) 0 0 0 Desired Slide Position (in) 0.0 Cab Size (829) 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper (682) NO SLEEPER BOX/SLEEFERCAB Exhaust System (016) RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE 11r zst M2106-UTILITY-AERIAL CHIP Citz2=6) 10/14/2020 9:14 AM Page 18 of 19 146 of 324 Back of Cao Proiruslors (ExhausiAntako: (CP) Batt: of Cob Prot, ucta c (Bido ExtcndoroTrlrn Tub) (OP). Back of Cab Pratrusiors (CNG Tant:) Back of Cab Clearance (CL) Beck of Cat. to Eld of Frame �aa 1-elet tCH) Frame uverllang Overall Len.dth (0-AL) Rear Axle Spatting Unladen Frame Height at Centerlire of Fear Axle Prepared for: RUI3EN HUERTA NATIONAL CITY, CITY OF 1243 NATIONAL CITY NATIONAL CITY, CA 91860 Phone: 619-496-611 B Prepared by:. Dan Walters VELOCITY TRUCK CENTERS 6006 MIRAMAR RD. SAN DIEGO, CA 92121 Phone: 619-564-3710 Elurnoer to Back of Cat_(B9Ck_.. Simmer to Centerline of Front Axis IBA) Id lit. Cab inBpstk C1ea;3nce MB7..--.-----.......- -.--_-- -... ' Back of Cab to Center! ne of Rear kxle(st (CA) EffediveBack ofCab laCenierlinealRoar Axle(s;f(=ffectiveCA) i 13.T,2 0,0 av 0,Q 20'e,1 U3,4414 Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. M2106-UTILITY-AERIAL CHIP 10/14/2020 9:14 AM Page 19of19 147 of 324 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA if the vendor Is awarded a ooniract. The vendor should complete the vendor authorized signatures as part of the RFP response,) NJPA Contract #: 081716•NAF Proposer's full legal name; 72 Hour LLC, dba National Auto Heel Group Based ort IVJPA's evaluation of your proposal, you have been awarded a.contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet afi of the terms and conditions set forth in this RIM, in any amendments to this RFP, and in any exceptions that ore accepted by NJPA, The effective date of the Contract wlll be November 15, 2016 and will expire on November 15, 2020 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a tlfth year at NJPA's discretion, NJPA Authorized Signatures: NJPA DIRE AN° PROCUREM daltx _ SfONATU Awarded on November 15, 2016 Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED' NJPA Contract # 081716»NAF Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, Including ail accepted exceptions and amendments, Vendor Name 72. ijoc-J LLC W 4,-t)cJe f/ / zi 7c. G Authorized Signatory's fllte DOR AUTHORIZED SIGNATURE -p Jerr- / w 41"P et (NAME PRINTF.) OR TYPED} Executed on (I '" /." , 20/ e NJPA Contract # 081716-NAF 148 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Rancho Arroyo Villas Subdivision Map and accepting on behalf of the public certain easements and authorizing the vacating of future unused easements and authorizing the Mayor and the City Clerk to sign the map. (Engineering/Public Works) Please scroll down to view the backup material. 149 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the Rancho Arroyo Villas Subdivision Map and accepting on behalf of the public certain easements and authorizing the vacating of future unused easements and authorizing the Mayor and the City Clerk to sign the map. PREPARED BY: Charles Nissley, Sr. Eng.Tech. PHONE: 336-4396 EXPLANATION: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: DEPARTMENT: Enginee i g/Public Works Depavm APPROVED BY: SEE ATTACHED EXPLAINATION FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A Finance MIS ATTACHMENTS: 1. Explanation 2. Map 3. Copy of Map Guarantee 4. Maintenance Agreement 5. Resolution 15U Oi J241 EXPLAINATION Bartizan Investments, LLC (Owner), a Nevada Limited Liability Company, is the owner of the property located at the south end of C Avenue south of E. 27th Street, APN 562 170 0900. The Owner has proposed a subdivision of the property into five parcels in order to build five new single family homes. The property contains a ten foot wide sewer easement with an eight inch sewer main. The ten foot sewer easement is to be rerouted into a new proposed sewer easement as dedicated on the map and the existing unused section of the easement is abandoned pursuant to section 6643(g) of the Subdivision Map Act. A new General Utility and Access Easement and Emergency Vehicle Access Easement to the City of National City shall be dedicated and a maintenance agreement has been prepared and executed by the Owner. Staff have reviewed the map and found it substantially complies with the tentative map and that it is technically correct and complies with the requirements of the Subdivision Map Act and National City Municipal Code Chapter 17, Subdivisions. The owners are requesting the City Council to accept the map and the maintenance agreement and authorize the Mayor and City Clerk to sign the map and accept the proposed easements, and to sign the maintenance agreement and authorize its recording. 151 of 324 MAP NO. OWNERS STATEMENT WE RENEW STATE TEAT NE ARE THE OMENS OF. OR HAVE AN INIME0T AC THE LAND MEOWED BY TRS IOW. AND NE HOMY CONSENT TO THE PREPARATION AND RECORWNRi OF MS MAP. NE HEREBY CED/C.47E TO THE CRY CF NATIONAL CITY THE MC PROPERTIES MONO AS EASE112175 POE MERAL UIERY AND ACCESS PURPOSES AND ETAE7/5540Y V7TA7E ACCESS PURPOS % ALL AS SHOWN ON SHAD IMP, NE NERMY RESMil FOR OURSELVEI. AS9GVS AND OWNERS WHIN DENS SU801N500. THE PRNA7E DTAETYAY E%t saavT WV/ HEREON. 84R71LW 11NES77EN15 Ufa A NEYAOA LIAREEH aeon, COMPANY N�aME:- �cEH TILE MA AGER NOTE C/0-4/x0 A ROTARY PUBLIC OR O7NER OFFICER GOUPLER6G MI5 CREMATE VERIFIES ONLY THE 1DaRlY OF 771E B0WNOUAL RHO MET THE DOCUMENT 10 MIC7H THIS CERTIFICATE 1S ATTACHED, AM7 NOT THE TRURRUNESE ACCURACY, O4 VALIDITYCF MAYDCGIAR7NL STATE Lf 041110 YA l , WONT? OF SA.N1 05155J ���E. AdLLY APPEAREDYERR NOrARYWQI6 IN10 PROVED 70 ME ON THE BASS GO SATISFACTORY EVIDENCE TO 8E NE PEPSON(3) 471415E ma(s) IS/ARE SUBSC4d7ED 70 ME WWI RE7RUMENT AND MDT AAUMO0DFD CAPA07IVE'S)), ANDDMMAAT 8 1b5/HER/I'ER SMASHES) DV THE AJSIAMMENT 7TE P875DN(5), OR THE ENTITY UPON SERALF OF I Wt71 ME PERSONS) ACTED, DEMO THE INSTRUMENT. f CERTIFY MOP PENALTY OF PERMS' UNDER TIE LAWS OF THE STATE OF CALIFORNIA THAT .' C PANAMANT 75 IAUE AND CORRECT. R171170 MY Y SEAL MY COM �Y NOTARY NAME: 21 nOF myol A, pax NOTARY RE0SIRA77Cri OF BLSA'A•E 4Rd Mh®'ita Owl 1"'" NOTARY PRDvp7s0 4 1!' RANCHOTHAECITY OF NATIONAL aTYFRO YD VILLAS IN RANG A 51/5IWy0Y GO THE ofrsra 5Y ZOO 7507' or ALL THAT PORTION OF ]NE EASTERLY 555 f0E7 (rr 10 ACRE !TIT 5, B1 wimp? SEC7101 I5Z RANCHO DE 1A HAWN. 1N 771E PAY OF NATIONAL CITY. COUNTY OF SAN DIEGO STATE OF CALDFORNIA. ACCORDING TO NAP THEREOF NO ma HIED TN THE 411710E OF THE COUNTY RECORDER OF SAN D1EGO DX/MY (TV MAY 11, 185.E A FORMAL O' 771E SEVER EASEMENT GRANTED TD THE CITY OF NATIONAL VW REC. APRIL 28, 7847 IN 8071: 236$ PAGE 488, OR, IS NOT SHOWN NUM THIS MAP RCA05E 1T HAS SEMI VACATED PURSUANT 7D SECTION 88438(47) OF THE SUMMON NAP ACT. SU0DMSIO N GUARANTEE FOR THIS ST.4+DINSTON 5 FURNISHED 8Y FIRST AMERICAN TITLE COMPANY, ORDER N0. NHSO-$60.5401 DATED AREA: C1827 ACRES' NO OF LOIS 5 EAST 241A SWEET E 28M E 27111 SI: < c U sr,O E 291N SE EAST JOIN STREET VICINITY MAP NO SCALE COUNTY TREASURER'S CERTIFICATE cowry AX COILECTOR OF ME COUNTY OF SAN moo, OF CALIFO ANDPUBLICCTOR OF DNRIT% HEREI N NI. 50777Y THAT TIME ARE ND WPM SPECIAL ANTS OR BONDS m Ia! NAY RE PAO Dl FULL SHOWN BY THE BOONS 07 OUR OFFICES AGAINST TIE TRACT 07 SUSOIWAON O7 ANY PART THEREOF SHOW ON DE ANNE721D MAP AEA) DESCRIBED IN THE CAP770N THEREOF. DAN MCAUJE7ER COUNTY 01 4611RFR-TAX COLLECTOR 50F5 y4o1Ne0A, MINDIRECTOR 0 ttP 10 DIRECTOR OF PUBLIC MRCS ns1 FOR QYffC70R ` MAYOR AND CITY CLERK'S CERTIFICATE kE A161ANDRA SD7E.0-551S MAYOR. AND MICHAEL R. DALLVL 07Y CLERK OF NATIONAL CRY, CPI1FORn8A, HEREBY CfRTJY MAT THE CITY COUNCIL ON 2020 HAS APPROVED THIS MAP CONSISTING OF 4 SHEETS A5 DESCRIBED /N VIE CAPTION MEREOF AND HAS AGOEPIFD RE W450110MMS FOR GENERA HTWIY AND ACCESS POPO= AND THE EASEMENTS Foe EMERGENCY VEHICLE ACCESS PURPOSES AS DEDICATED ON THIS AMP- PUPSUANT 7D SECTION 66434(g) OP THE S7BSWSYON MAP ACT, THE SUNG O THIS MAP KNOW WOWING THE FOLLOWING CONFORMS ABANDONMENT! - A PORTION O° THE SEVER EASEMENT [RANTED 70 771E CITY OF NATIONAL CITY, RECORDED ON APRIL 28, 1947IN BOOK 2368, PAGE 489, OR, RE ALSO CERTIFY THAT THE PROM PMELC NOBLE HAS BEEN MEV DF THAT APPROVAL W 2020. BY DATE A1EJIW5RA EA7m7-SCIU5, MAYOR CITY OF NATIONAL CITE C411@RA0A BY DATE MICHAEL N DADA, CRY CLERK MY OF NATIONAL CITY, =FORAM SHEET 1 OF 4 SHEETS LAND SURVEYORS STATEMENT MIS ACAP WAS PREMED NY ME OR U4016 MY UMV£G7N1N AND 6 BASED TO12Y A MO SURVEY IN CONFORMANCE MT H ME REOUR MINIS OF ME SUETRNADN YIP AGT MOCK O.Q0JIV CE AT 77E REQUEST 07 AL44N WAS0B00f0N ON FERCCOR7 75.. 2017, AR THE SURVEY DS TRUE SAID COMPLETE AS SHOWN. D HEREBY BMW. THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUR' 171E POSITIONS B70114105 OR TENT MEET 1WIL BE SET R1 T4M.SE POSITIONS MN TWO YEARS OF THE RECORDATION OF MIS HAP UNLESS SCH MAID 8Y THE TRY LAND SURVEYOR AND TRW THE HgYL E= ARE OR WTU. BE SUFFICIENT 70 774181E THE SUITNEY 70 BE RE/PACEEt THIS FAX MAP SULO7ANTIALLY 007170PAIS TO TTE COMMOHMLY APPROVED 7ENTATNE M+P. BY-NP8M1 E1 JOEL A MYHRE DALE LS. 8011, ET_ 12-37-2610 CITY ENGINEERS ST 7EMENT C ROBFRTO YANG CITY ENGINEER OF THE MY OF NATIONAL UTZ C4L1FCRMA. STATE TAT I HAVE EXAMINED THIS MAP, THAT TEE{ S/EDN7SILW IS SUBSTANTIALLY 774E SAME AS IT APPEARED ON THE TE4TAn4E PAP AND ANY ALTERATIONS THEREOF. THAT ALL THE PROWS70N5 OF THE SU&N4SO1E NAP ACT OF THE STATE OF CALIFORNIA. AS AIERDE % AND or ANY LOCAL ORDINANCE OF SAID COY APPICABIE AT THE TM OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED MRFL 17,47t6HY APPROVE AM) RECGAMVDDD SAID IMP 06T • %NY7MVBER DATE A' CITY ENGINEER TECHNICAL STATEMENT 11CFREBY STATE THAT f HAVE EXAMINED 71L6 SLAP AND I AM SA7LSNE° THAT SAID MAP 1S TECNNCAILY CORRECT. i. 4 AILDID 4 OAM TER PEC G44D/NO 1.S 47E8 DATE y7 NW, 4768 CLERK OF THE BOARD OF SUPERVISOR'S CERT 1, A7./00 w Pb778G woe OF THE 80A1a0 OF SEPERVISORS, N EWRY CFRTFY 7HA7 771E PRO1.3a'S OF THE S1B7NNSON MAP ACT (1NV4STON 2 OF TITLE OF THE GOVENX 057 CODE) IIEGA187XAG (A) OFPODIS FOR TAXER AND (6) CERIFYW7ION OF THE ABSENCE OF Up15 FOR HARM STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSILENTS 0011LEO7E5 AS TAM EXCEPT THOSE NOT YET PAYABLE: HAW BEEN COMPLIED R47H. BYE Alen' POTTER ET - CLEW OF THE WARD DP SUP1291450165 DEPUTY DATE COUNTY RECORDERS CERTIFICATE FILE NO C FW161 J 40YIBN0IDRC J7, COUNTY Rm. a5A:T1 OF 171E COUNTY OF SAN D/DO 57717E OF CALpl1804 HMS's' CERTIFY THAT 7 HALE ACCFP7F0 FOR RECORDATION 778S MAP FRCED AT 771E FEWEST OF JOEL A WAYMIRE THIS DAY OF 202D AT _ O'CLOCTC �.M. FRIEST J UROMENBURG J7, BP COUNTY RECORDER DEPUTY FEE£- POLARIS DEVELOPMENT CONSULTANTS nis.bmemw Fend , Sib 50241 • E arm. CA 1M • 9EAY{ EEA 7M NO. )9—O. MAP NO. N 7747'44• W 2AW' / • 4F10 RED. ANC. (H 1d460714' 2A00j_. l� Pfl? PN 15774 A7FJ'` I-. 0 7 56 -002 57.73E AT CPS STA 'HEY' 0 25 50 00 28th STREET Oa 165.74 331.4271r N 72'0640" E 1331.44' BLOCK a, 0 O5 N 47E 574139" E 0. DATA TABLE 2 OELDVBRC. 51857547W (N29'17722'W! N3➢792 1815114 3563E (Y6.607 30.41 3 (R2615'40'E) 05706336 (3A417 20.74' 4 N7716Y72 20.79' 5 ((N7P5810'E] N30'.2016'E (N29'15107:) (20797 26.9 iI g' hti EDS 1193i �}+ ROB 12075 r Iz � (27.071 (N 7DS4'S8' E 1 N 7009'S7 E 1366 8562 f0' PROCEDURE OF SURVEY 27th STREET p1 77 81 E' • 66506( N7285'46" E 66288' Il �I 165.74' MAP 9 1 40' 165.74 J1 [S L49' N 72'06'46 E 337.44' BLOCK 4 MAP 9 (H 7175606 E 19556' CALL) 01E3 N 721646 E 19536E 753 15 ��/4/�ti 9Y�/5NF PARC a A 71£67 .l 3£E9," 1.4000% Gat PARCEL 1 Y4R°°a �(x s 6116 5 225 002 l L z q S° ) z22( )- 0 PM Boas L N P, 6 L 72 67 11''� 777551" S 70.06 PM Baas �a SNF - <N Ta54ar E PARCEL 2 5��( F SNP t. 331.,D 72'f0'35' E ,6555 l �1BS5S) lL V2i.S5' QUARTER S2D7I4N 152 RANCHO OE LA BACON FOR. 1,07 6 MAP 156 RCS 11195 NW1Y CDR- rr F/P 555582 00.06 <> 5CL231 g4. 16523E ---.. --- 7610' 79,74' <s,98y 1 26' 241.35'd41A69 <DODO') 310.00<AM.01 4 m$ PDlic Fl R 3EE POINT 'B' xa N 777p'12" E ;i6000' O4 7A5509" E ..8005> (390.05 D0f (Rl;ERR0R11 R08' n$ ®6 N 744'12' W 20,0 <N 1200'34 W 20.00'> 4 (2AOD' 007) 1 11195 s PARCEL. 'ST' Pal TITLE REPORT .70271• E 1.53E 516- Hot' 7 $'12'12' E 775.09' NN 7058's' E 17.i00% Nscsnre 075.00' DDT) 01,9o,7g6. 1 43 GRID ) GENERAL NOTES 1. WHERE RA021 RENEWS ARE NOT SHOWN, THE CURVE 8 TANGEYE 2 All 65IDNCES SHOWN ON 77475 NAP 18 WHOLE 0088E45 ARE ACCURATE 70 ME HUN076TH OF A RIOT (001). N 227212" E 1.59E { J I 7333 167T \ ! ' (N 705459A£' 662687 N 727212' i 66268E 07 -- 00' (55500' PERIODf)- J N 1739"24' W 4000 00 (N 16365270E 40 07 c m' HIM OAT E 773 N 770900E 0E Q �.y N 720600" E 210O' IN 7551'36 E 7L32]7�^-4.F 7/(jam ,ANCFE'R�C45 A74; 7 BLOCK MAP jQ%S RE UNE ONLY ®li),._._-610r ' ^.g© 224,16 T` 5666 -7 29th STREET as.on N 7970 00.05 [ IN 791097 ' 719YB" W 40.005 T LEGEND SHEET 2 OF 4 SHEETS 968547E5 SUBORS8N SCIINNIRY O R8A]1TE5 SET 2' LP. 14/0511 RAPPED 2S 6011" O 989941PS IDUN10 7(O,VUNQ0T AS WED PFR NONL8r0MAR077 ZEGSVO ) 621CA7E5 870580 DATA PEN PAL. 5046 ( ) 088047Es RE0780 DATA R'R RCS. 11931 4610/0R R0.5 12075 < > 85004TEY RECORD LUTA PER R.AS 11190 { 1 VACATES RE40R0 DATA PER PAL 15774 (( )) 600'CATES RECORD 714TA PEN C/L 44a03 066 5736785 FOR 10N11EfPR; MANE EDUHO I001) 539947ES RECORD p17A GER 55187 DEED REG MARCH 12 2017 AS DOG NA 2017-0723963, OR (D02) 17107CA1ES RECORD DA171 PER 68[1ff DEED REC. JAN UARY 70 2019 AS 004 60. 2019-0034457, OR SEE SHEET 3 RDR 19057740 EASEMENTS' SEE S74075 3 & 4 F718 PROPOSED FASE71F105 BASIS OF BEARINGS THE Me OF BEARINGS FOR DOS SURVEY IS THE CWf0R754 COORDM447E SY57E4 CC= SONS 41 (EPOCH 1991.35) ARO 15 0.1FJAO7ED BY 8P5 0FASOR8h717S TANEN ON A1NE iQ 2019 AT RENTS A' & 'B" AS SHOWN HBRECYL PONLS 'A' & 'B' WERE Lam^ FROM 7s1 ORDER CPS STAD01d "209"ANO 'BY PER RECORD OF SLIMY 14492. THE BEARNG FROM 540 PONT '204' TO POW '182' IS 5 2SUBD7' E 0107E0 8E199105 FROM REFERENCE AMPS OR 0EE05 NAY 0R MAY NOT 6E N TERMS OF 5410 STSILV. THE COMBA 0 GRID FACTOR A7 STAUBB 008E TC IL0000140 GRID D0TANCE + OROONO DISTANCE 5 = 4BPdp GRID 100762 MONUMENTATION NOTES 1. ALL LOT CORNERS DILL 8E 1.10701111211E0 KITH A 3/4' 1 l8" IRON PIPE 1701 PLASTIC PLUG 1041700 25 Batt', UNLESS WOWS NOTED. ¥ONUMENTATION LEGEND 0 FOUND LEAD & DSC STAVED 000E 26112" PER PAL 15774. 6000 FOR CL SET. • ® FWD B4A55 PLUG ON THE SOUTHEAST COALER OF TEE 27717 5472G7 Ah0 'B' • fi604/8 DITERSECTION, AEMA47O AS CRY OF 54N DECO YERTVAL CONTROL • 6EIK88485 NOT LASED ON 7145 NAP. 0 FOUND RR 5780E 7T6411 T 14PER PAL 8046 & ram REID FOR CL M/, !" ® FROND LEAD & OSC STANPm AS Mr PER CR 18196 C. FOUND LEAD AND TACK. HEED PER ROS 12075. ® RHINO DEAD AND TACK N0 RECORD. • 07 FOUND RE&IR AND CAP STAMPED 25 8669E AU RECORD, NOT ACCEP1m. 0 FWAO 3/4' LP. worm SWAT `HOE 7534-PER P3L 80464 09 FOUND 5/4" 1.P. W/ASC 5014Pm 970E 1534' 85 AIL 8046 a CR 4104£ ACCEPTED A5 ON WAY UNE 0P PARCEL 1, 013E 1412 OF CORNER. ,C� 1'_W FOUND 3/4' LP. W/TACK PEN CR 41049. HEED FOR ALLEY CL ,/ © FOUND 3/4" L W/0150 50447PFD ROE 7534E PER P.M. 8046 & CR. 41049. __Jo. HELD AS NW CORNER OF PARCEL 1. - ' 02 FOUND 3/4' 1.P. AV[894CRETE ACCEPTED PER PIA 804B 03N E'LY OF TRUE 017R o i ® POUND 3/4" LP. W/DAC 5r711Pm 25 5526. NO RECORD. ACCEPTED AS MAW' ON glummer UNE OF P44 2046, 0.18E WLY OF TRUE CORNER gm5 ® FOUND 3/4" LP. W/1775C STARRED 25 55524E NO 00880O. ACCEPTED AS CORNER PER R.05 11796 eD P0A4D 7.FAD & 0750 swim 'is m2C. N0 RECORD. sap FOR 672" UNE OF P.N. 8040, 021' 4YLY OF TRUE CORNER ® TOM 3/4' LP. W/05C STAVP8 2S 5524E N0 RECORD. NOT ACCE.TELC ® FOUND 3/4' LP. W/DLSC mum, 2208E 2611z HEED FOR CL OF Mil 51RYL4 PER R0.9 12075, N 774748E W 4020E I I /IN 7677976E W 4000 . 270.89' <270973 BLOCK 4, MAP 1075 FOUND 3/4' AP. 160D00 579841ED 15 7846 PER C.R. 44003. A RESET DF M0R PER 10S 12075 ON CL OF 29TN 041fek1. ®PIXX10 3/4" LP. WAX STAINED IS 5952". HELD DISTANCE F37 C. OF NTH STREET PER R.OS 72075 ® FOUND 547QL4 08057604E DELL MONUMENT PER acts 17931_ NBA FOR CL. © FROND RR 2970E HELD !STANCE FOR CL OxERSE0TI0N PER 160.2 41931 & 12075 FUND 3/4' 1P. W/08C STAKED 007E 622E PER ROE f7198. HELD FOR CL FIXR57 STREET C8012161E HELL N001WNT. NO REEDR1 HELD FOR CL RNE4160100 0 FOUND OAS 577 ' - LEAD 2 TACK DISC IN 0014 WALK PER R0S 1449E N 1=7,05E79 E 6,310.003170 ELEV.. = 215.73 (NONE 29) ® RS'60 CPS STA '162' - 01715WS BRASS DISC IN 2' LP. PA RO.S 14492 N 7,627,7226E E 1312.97.149 ELEV. = 171.46 (NM 29) MAP NO. MOM' � Q 4tl 7 N7212'12'2 1 APN 562-122-05 1 of 0471 SF CROSS --I 6,357 SF NET APN 582470-D8 I SEE 10, -- L___ 1 f �• l 3S,6Y 1 © I / \ APN l / 58247D-is r / / / 1 / , / 73.7.r/ 4605 SF GROSS 4639 SF NET 1 PARCEL 2 FM 5045 .1A PARCEL 4 P.M. 8045 N721035f 300.00' 49.95' ...r..,.1v,�.......,. 50.00' 411 5.15 2A 2 ®�O 6,®6 SF 070020 4,606 SF NE7 N277z'720 5E00' 4 7.206 SP GROSS x' 3934 SF MT 2 DETAIL 'A' 7M srAEE N / f0 132Cd' / /� ti 2.377M-8.6Y 300.00' — — / APN 582-170-25 9,/45 SF CROSS 3 25163al Her 1 APN / 1- 55247D21 EXISTING EASEMENTS © A 70' WIDE smear R) Rd 011Y OFA'A770N4L LRY FOR COIARRDC/RB{ /15721.CWXA'L INS4117444. 10M75 0CE 500241 Y1 ARM ;SPAR OS SEWER MO INLmr717AS P112P05E7 RECORDED APRS 20 19471N BOOR 2368 FAGS 410, 0R A PORTION 07 71778 EASEMENT 0 NOT SHOW ON ROS 167P AS N HAS SSW VAMP PNR0WM 70 1001198 68a34(0) of 71E 5115001E/0N 057 ACT. • A 20' MADE F4500 NY 10 PC CRY OF 1111110102 11717 10 CONSTRUCT, mamma 1,7AA4741. 579701E AIM RENIR A PUB10 STORM ORAR4 04000A'NS ANY oR ALL APP7,4MAYG S 717E+27D, room x707 02 146111 OF AWES MD SPIESS AND 04CIp11NW. P1R1T8S5 RECORDED SOMBER 2 7986 AS RENO 88-.5OOB57• OR. ▪ A 20' 340E SR.Yd/ DRAIN, ME LAVE AND AMC ACltSS 10400 Nf 70 711E GIN OF NA11p00 COT; PER DOG REC. MIE7IBER 00 1978 AS OM NO. 78-473800 O.R 76.f0• APN APN 5132-17045 552470-15 PROPOSED EASEMENTS • 00097L our AND AGUES &MOT A7B1 510091CT WNW' AGMS EASEMENT TO NE CRY OF NARNIQ. C11Y. • SEE MET 7 SHEET 3 OF 4 SHEETS 0 DATA TABLE D7:L0A/8R2 R7C12.12'f ROOS 7E71O771 1203' 6Y56'23" 26.00' 4ABY 3 M744771T 24.03' 4 N7 72'12' 5 N727F727 8 111744.11V 1200' 1200r 23197'- 7 0718'32' 2000' 325' 8 1g2'127Yf 9 10 713244.14"E 890823" 5G00' N7272722' 7863• 60Pr- 70.49' abs' 12 13 N650677 E N214o72W 20O' 4.00' 14 NOB06Y7E 200 15 7310''45' 2E00' 3328' 7 H2O' 0 1020 MAP NO. J APN E PARCEL 2 55242.2-0$ 1 PAL 8045 APN 552-i7o-o8 1 6,471 5F 0005S 5.351 SF NU APN 562-17D-i8 87210'35'E 30090' 1D.OG SSOD• ��• `�" �F 60.06• z 3 a605 SF 54555 ® ^O-I r606 SF GR0SS 4,330 SF NET r lO 4.473 5F NET 0 ®20' 4 7.203 SF 04 3.934 SFNE]' 9 NT{12'12'E 51 13205" / „1 _351/0' _ 5500' ... ... .PY L5. -7 N72'72.12'5 _ • " 1 1 1 30201' OW' PARCEL 4 PA 5046 5 9.145 SF ORALS 8..563 of NET 7510' APN 1 APN 56247O-25 55247046 EXISTING EASEMENTS © SEE SREt73 © SEE ser3 ® SEE SWEET 3 7 APN 562-17O-i5 PROPOSED E4SEMENTS ® SEE MEET 3 ® A 20' ME ➢RNA1E OSNAw7 E49814717 TO TIE 010E45 OF 1075 0-5 RESEFVEU WERGO4. SHEET 4 OF 4 SHEETS DATA TABLE 2 DE[T4 5070 rorriVrZE arsa5r RA01U5 2aO7' LEWIN 17.03' 43�15' 3 9 5 N174F1119 N72'12'121< N72'12'727 24.03' 70.00' 10.00• 6 N1744Y1111, 23.97' 7 90'0337' 0570' 44.01' a N7212'12 < 16s7' 10 N7272'12'4 60'562r 2900' 22113' 43.95' 11 89,58' 3' 4400' 75.35' 12 N7712'1YE 2555' 0 10 20 40 DAN MeALLISTER San Diego County Treasurer -Tax Collector 1600 Pacific Highway, Room 162 San Diego, CA 92101 Recording Requested ]3y and When Recorded Mail To: DOC# 2020-6000099 IIlIIIIIIIIIIII IIII IIIIIIII1 I I I !I 11il IIIII II I! ! IIIIII IIIt Jul 23, 2020 12:46 PM Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $6.00 PAGES: 1 FILED THIS SPACE RESERVED FOR THE RECORDER'S OFFICE USE This certificate must be filed with the San Diego County Recorder, and a conformed copy delivered to the appropriate legislative bodies within the County of San Diego MAP TAX CLEARANCE CERTIFICATE STATE OF CALIFORNIA ss: COUNTY-WS-AN-DIEGO — — No 20-105 TTC FILE NO.6645 I, Dan McAllister, certify that I am the duly qualified and elected Treasurer - Tax Collector of the County of San Diego, State of California; that I have examined the records of my office as to delinquent taxes and assessments collected by the County of San Diego for the property within the subdivision or parcel map known as: RANCHO ARROYO VILLAS (NATIONAL CITY TM 19-03) A final map is about to be filed with the appropriate legislative body in the County of San Diego for approval; and I hereby certify that according to the records of this office, there are NO liens against said subdivision or parcel map, or any part thereof, for unpaid State, County, Municipal or local taxes or special assessments collected as taxes for the Hen date fiscal year 2020-21, except taxes or special assessments not yet payable. I further certify that there are against the parcel or parcels of real property within which the subdivision or parcel map is situated a lien for State, County, and local taxes, and special assessments collected as taxes which are not yet payable, and which I estimate as follows: Tax Surety Bond Required YES Bond Required for State, County, School and Special District Taxes: $1,500.00 Located in City of National City 11118- U ttTIFrCATE V C `AF" i'I ! R: September 21, 2020 IN WITNESS WBEREOF, I have hereunto set my hand this date Jody 8, 2020 DAN McALLISTER There are 1 Parcel Number(s): SAN DIEGO COUNTY TREASURER -TAX COLLECTOR 562-170-09-00 Government Code §66493 DT-21-22 Revised 12-21-2018/SubDIvParMaps WHITE (Original) — Recorder GREEN--Treasurer/Tax Collector By: r Deputy, Zina Poles 156 of 324 Recording Requested by: After recording mail to: SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE — R & T 11922 Presented for record by the CITY OIL NATIONAL CITY EASEMENT AGREEMENT PEDESTRIAN ACCESS AND TRAFFIC SIGNAL This Easement Agreement ("Agreement"), dated for reference purposes only as of April 1, 2020, is made between H. G. FENTON PROPERTY COMPANY, a California corporation ("Grantor"), and THE CITY OF NATIONAL CITY, a municipal corporation, in the County of San Diego, State of California ("Grantee"), with reference to the following: A. Grantor is the record owner of the real property address at 500 Mile of Cars Way, National City, California, which is more particularly described as Parcel 1 of Parcel Map No. 7941, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on October 13, 1978 as File No. 78-437982 of Official Records ("Property"). The Property has been improved with a fast food restaurant with drive -through service. The Property is accessed via a driveway entering from Mile of Cars Way ("Driveway"). The Driveway and other areas of the Property adjacent to Mile of Cars Way are being reconfigured in connection with certain improvements to the restaurant. B. Grantee has previously installed a traffic signal on a portion of the Property ("Traffic Signal"), to control traffic at the intersection of Mile of Cars Way, the Driveway into the Property, and Wilson Avenue which is directly across Mile of Cars Way from the Driveway, all as depicted on the site plan attached hereto as Exhibit C. C. Grantee wishes to acquire a non-exclusive easement for pedestrian access and maintenance of the Traffic Signal, in that portion of the Property that is described on the attached Exhibit A and depicted on the attached Exhibit B ("Easement Area"). Grantor is prepared to grant the requested Easement but only on the terms of this Agreement. 1 4826-1852-3575 v.1 157 of 324 THE PARTIES AGREE: I . Subject to the terms of this Agreement, Grantor, for a valuable consideration, receipt of which is acknowledged, grants to Grantee a perpetual non-exclusive pedestrian and traffic signal easement ("Easement") upon, through, over and across the Easement Area. The Easement shall be used for pedestrian access across the Driveway and for installation, maintenance, repair and replacement of the Traffic Signal and no other uses or purposes. 2. Grantor agrees not to take any action to intentionally prevent, obstruct, or interfere with Grantee's use of the Easement for the purposes set forth above, but shall retain control and use of all of the Property, subject in the case of the Easement Area to Grantee's rights hereunder, 3. Grantee shall maintain Easement Area in a neat, clean, safe, attractive, sanitary and orderly condition at all times, and shall take such maintenance and repair actions as are necessary without any cost to Grantor. Such maintenance shall include, without limitation, removal of debris, asphalt repair, seal coating, crosswalk painting and striping, concrete curb repair, stamped concrete paving repair, traffic signal repair, directional arrow repainting, and keeping the Easement Area suitable for vehicular ingress and egress to the Property from Mile of Cars Way via the Driveway. 4. Grantee shall have a right -of -entry upon the Property for the purposes of inspecting, operating, maintaining, and keeping in good repair the above described works of maintenance. 5. Grantor shall not be liable to Grantee for any loss, liability, damage or injury arising out of or in connection with Grantee's use of the Easement or Grantee's activities on the Property in connection therewith, and Grantee releases Grantor from any potential claims arising out of or connected to Grantee's use of the Easement pursuant to this Agreement. Grantee shall indemnify, protect, defend and hold Grantor and its tenant on the Property, and the employees, agents and representatives of each, entirely free and harmless from all actual and alleged loss, damage or injury, and from all costs and expenses arising from the activities of Grantee or its representatives on the Easement or other portions of Grantor's property, including reasonable attorneys' fees and costs. 6. The following exhibits are attached hereto and made a part hereof: A Description of Easement Area B Depiction of Easement Area C Site Plan of Property 2 4826.1852-3575 v.1 158 of 324 IN WITNESS WHEREOF, the Parties have executed this instrument as of the date written above. Grantor: H. G. FENTON PROPERTY COMPANY, a California corporation By Name: Title: By Name: Title: t CAA n 1 4PMA ALSIMMOSai k ci - . A s w‘i rra.c.. Grantee: THE CITY OF NATIONAL CITY, a municipal corporation By Name: Title: By Name: Title: 3 4826-1852-3575 v.l 159 of 324 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 0C 12fr ( , Z()2o , before me, � ''IS-a'� 06,5 1 V\ 0* t{ y etA t2 1 ! ( (insert name and title of the officer) personally appeared iY\ I(4 a el }\9a 1 am , e re) 120 r) a , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature KRISTA BON commission No, 2315962 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY commission Eon December 18, 2023 (Seal) 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 doctunent, STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the salve in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (Seal) 4 4826-1852-3575 v.I 160 of 324 gi1IBIT "A" LEGAL DESCRIPTION OF A NON-EXCLUSIVE PEDESTRIAN AND TRAFFIC SRGNALIASEMENT TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7941, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED OCTOBER 13, 1978 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS FILE NO. 78-437982 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID PARCEL 1 BEING A POINT OF THE SOUTHERLY RIGHT OF WAY LINE OF MILES OF CARS WAY AS SHOWN ON SAID PARCEL MAP; THENCE NORTH 72°07'27" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE 16.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 17°38'32" EAST 12.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 12.00 FEET SOUTHERLY OF SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 72°07'27" EAST ALONG SAID PARALLEL LINE 40.22 FEET; THENCE SOUTH 17°52'33" EAST 19.33 FEET; THENCE NORTH 72°07'27" EAST 10.83 FEET; THENCE NORTH 17'52'33" WEST 19.33 FEET TO THE EASTERLY PROLONGATION OF SAID PARALLEL LINE; THENCE NORTH 72°07'27" EAST ALONG THE EASTERLY PROLONGATION OF SAID PARALLEL LINE 11.95 FEET; THENCE NORTH 17°38'32" WEST 12,01 FEET TO A POINT ON SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 508.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 18°10'13" EAST; THENCE WESTERLY 2.61 FEET ALONG SAID CURVE, SAID NORTHERLY LINE OF PARCEL 1 AND SAID SOUTHERLY RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 00°17'40" TO THE END OF CURVE; THENCE SOUTH 72°07'27" WEST 60.39 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THE AREA OF THIS LEGAL DESCRIPTION CONSISTS OF APPROXIMATELY 965 SQUARE FEET OR 0.022 ACRES. REFER TO THE EXHIBIT "B" SKETCH CONSISTING OF 1 PAGE ATTACHED HERETO AND MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE FOLLOWING , STATE OF CALIFORNIA PROFESSIONAL LAND SURVEYOR: y�r+.ce 06-10-2020 MSL ENGINEERING, INC. DATE MARK S. LAMOUREUX, PRESIDENT, PE, PLS P,L.S. 5794 REGISTRATION EXPIRES 06-30-2022 MSL IN 18014 Page 1 of 1 161 of 324 PAGE 1 OF 1 EXHIBIT "B" SKETCH PEDESTRIAN AND TRAFFIC SIGNAL EASEMENT TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION APROPOSED NON—EXCLUSIVE PEDESTRIAN AND TRAFFIC SIGNAL EASEMENT TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION CONSISTING OF APPROXIMATELY 965 SQUARE FEET OR 0.022 ACRES. 0 20 40 GRAPHIC SCALE SCALE: 1 "=40' 18014 TS ESMNT.DWG LINE DATA TABLE NO. BEARING DISTANCE L1 N17'38'32"W 12.00' L2 N72"07'27"E 40.22' L3 N17'52'33"W 19,33' L4 N72'07'27"E 10.83' L5 N72'07'27"E 11.95' L6 N17'38'32"W 12.01' MILE OF CARS WAY -4—N72'07'27"E T 80.60' R 0 � Imo._ m occ: a ,� 10- �140.41'� 60 399 6=15'50113" 1 608.0(1' L6 L2 L5 co ici ,; L3 L3 co zz j S L4 N I a 1 N72'21'2B"E . I...�`"i� 19.47' PARCEL 1 �y 8 Y' z APN 562-340-043 J a. Q M PARTIAL LEGEND a'L. rn o N� , 94 NWC NORTHWEST CORNER a ��C t °p �AI\p N'LY NORTHERLY E. P.A.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING 162 of 324 Exhibit'"C" Southport Commercial Park 500 MILE OF CARS WAY PNMI IEM 2434 SOUTHPORT WAY 2424 HOOVER AVE. HOOVER AVENUE Li)Q 424 MILE OF CARS WAY f) cn -T 404 MILE OF CARS WAY 400 MILE OF CABS WAY1 Previously installed traffic lOnotl 163 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of 50 feet of parallel "15- minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of East 8th Street, in front of the future "Market on 8th" at 41 East 8th Street to increase parking turnover for customers (TSC No. 2020-13). (Engineering/Public Works) Please scroll down to view the backup material. 164 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 50 feet of parallel "15-minute" parking and 25 feet of parallel "Loading or Unloading" parking on the north side of E. 8th Street, in front of the future "Market on 8th" at 41 E. 8th Street to increase parking turnover for customers (TSC No. 2020-13). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C -\ DEPARTMENT: Engi PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. g/' E,.iic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of 41 E. 8th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2020, the Traffic Safety Committee approved staff's recommendation to install parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of 41 E. 8th Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-13) 3. Resolution 165of3241 EXPLANATION Mr, Joel Tubao, owner of "Market on 8th", located at 41 E. 8th Street, has requested time restricted parking on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 8th" in order to increase parking turnover for customers. Mr. Tubao stated that the installation of "15-minute" and "Loading or Unloading" spaces will increase parking turnover for her customers and allow for more efficient parking enforcement. Staff visited the site and verified that "Market on 8th" does not have off-street parking. There are approximately 75 feet of "2-hour" restricted parallel parking, equal to three (3) parking spaces, in front of the building located in front of 41 E. 8th Street, on the north side of E. 8th Street. Staff spoke with Mr. Tubao and confirmed the "Market on 8th" will be a food hall concept, featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. The proposed parking restrictions on E. 8th Street will allow for the following: two (2) "15-minute" parking spaces for to -go order pick-up services (Door Dash, Uber Eats, etc.), and one (1) "Loading or Unloading" parking space for ride share pick-up or drop off services. It shall be noted that per National City Municipal Code Sections 11,32.190 and 11.32,200— "Loading or Unloading" parking zones allow for loading / unloading of passengers for up to 3 minutes, and loading / unloading of materials for up to 20 minutes. This item was presented to the Traffic Safety Committee on October 14, 2020. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install parallel "15-minute" parking and parallel "Loading or Unloading" parking in front of E. 8th Street. If approved by City Council, all work will be performed by City Public Works 166 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-13) 50' of proposed parking restriction "15-minute" parking (2 parking spaces) 25' of proposed parking restriction "Loading or Unloading" parking (1 parking space) t Market on 8th Street - 41 E. 8td Street • , Niederfrank's Ice Cream Existing blue curb "Disabled persons" parking space 7-14 National Sewing Machines "A" Avenue ifX� Ce?smzai'r-�mow. : z " r'�� �•�L Vee Parts & Accessories 172' of existing parking restriction "30-minute" parking (14 parking spaces) 167 of 324 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2020 ITEM TITLE: i REQUEST TO INSTALL 50 FEET OF PARALLEL "15-MINUTE PARKING" AND 25 FEET OF PARALLEL "LOADING OR UNLOADING" PARKING ON THE NORTH SIDE OF E. 8T" STREET, IN FRONT OF THE FUTURE "MARKET ON 8T"" AT 41 E. 8T" STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Joel Tubao, owner of "Market on 8th", located at 41 E. 8th Street, has requested time restricted parking on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 8t''" in order to increase parking turnover for customers. Mr. Tubao stated that the installation of "15-minute" and "Loading or Unloading" spaces will increase parking turnover for her customers and allow for more efficient parking enforcement. Staff visited the site and verified that "Market on 8th" does not have off-street parking. There are approximately 75 feet of "2-hour" restricted parallel parking, equal to three (3) parking spaces, in front of the building located in front of 41 E. 8th Street, on the north side of E. 8th Street. Staff spoke with Mr. Tubao and confirmed the "Market on 8th" will be a food hall concept, featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. The proposed parking restrictions on E. 8th Street will allow for the following: two (2) "15-minute" parking spaces for to -go order pick-up services (Door Dash, Uber Eats, etc.), and one (1) "Loading or Unloading" parking space for ride share pick-up or drop off services. It shall be noted that per National City Municipal Code Section 11.32.190 — "Loading or Unloading" parking zones allow for loading / unloading of passengers for up to 3 minutes, and loading / unloading of materials for up to 20 minutes. STAFF RECOMMENDATION: Staff recommends the installation of 50 feet of parallel "15-minute parking" (equal to 2 parking spaces) and 25 feet of parallel "Loading or Unloading" parking located on the north side of E. 8th Street, west of "A" Avenue, in front of "Market on 8th", to increase parking turnover for customers. EXHIBITS: 168 of 324 1. Correspondence 2. Public Notice 3. Location Map 4. Photos 2020-13 169 of 324 Carla Hutchinson From: nick@, Sent; Tuesday, March 10, 2020 9:50 AM To: Stephen Manganiello Subject: Requesting change to parking spots on 8th St CAUTION: This email originated from outside your organization, Exercise caution when opening attachments or clicking links, especially from unknown senders. Stephen, We had spoke yesterday about requesting changes to the 3 parking spots on the north side of 8th St in front or Market on 8th. Market on 8th is a food hall concept that we are bringing into National City. We will be featuring 10 food stalls, a coffee shop, a tap room, and 2 retail vendors all with a communal dining area. Our goal is to bring the community together in 1 market and for locals to be able to experience a variety of cuisines, local art, and shopping in 1 destination. That being said, we would like to make changes to the 3 parking spots on 8th St. We would like to request the furthest East parking space to be our ride share pick up/drop off and the other 2 stalls further West to be 15 min parking to allow for door dash, Uber eats, to go orders,.etc, Please let me know if we can accommodate this request as it will help our business tremendously due to our limited parking. Nick Fischella 170 of 324 October 7, 2020 Resident/Property Owner CALIFORNIA NATIONAL CM,- `- ,NC`OR�PORLA(T8 Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-13 REQUEST TO INSTALL 50 FEET OF PARALLEL "15-MINUTE PARKING" AND 25 FEET OF PARALLEL "LOADING OR UNLOADING" PARKING ON THE NORTH SIDE OF E. 8TH STREET, IN FRONT OF THE FUTURE "MARKET ON 8111 STREET" AT 41 E. 8TH STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, October 14, 2020, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/97513738674?pwd=NTVUYkx1 N2VGVURRMzJIVTFRRi9rdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 975 1373 8674 Password: 079585 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2020-13. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2020-13 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 171 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-13) 50' of proposed parking restriction "15-minute" parking (2 parking spaces) 25' of proposed parking restriction "Loading or Unloading" parking (1 parking space) Market on 8"' Street - 41 E. 8"' Street Lig Niederfrank's Ice Cream Existing blue curb "Disabled persons" parking space National Sewing Machines Vtelieb& 4et1111W4 "A" Avenue Vee Parts & Accessories 172' of existing parking restriction "30-minute" parking (14 parking spaces) m fD fD 172 of 324 "Market on 8th" — 41 E. 8th Street 50' of proposed parking restriction "15-minute" parking 25' of proposed parking restriction "Loading or Unloading" parking Location of proposed parking restriction "15-minute" & "Loading or Unloading" parking on E. 8th Street (looking west) f "Market on 8th" — 41 F. Rth Street 25' of proposed parking restriction "Loading or Unloading" parking E. 8th Street 50' of proposed parking restriction "15-minute" parking Location of proposed parking restriction "15-minute" & "Loading or Unloading" parking on E. 8th Street (looking east) 173 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the removal of 92 feet of angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street to enhance safety at the street (TSC No. 2020-16). (Engineering/Public Works) Please scroll down to view the backup material. 174 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the removal of 92 feet of angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street to enhance safety at the street (TSC No. 2020-16). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C,H .DEPARTMENT: Engi 'ring/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the removal of angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2020, the Traffic Safety Committee approved staff's recommendation to remove angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-16) 3. Resolution 175of3241 EXPLANATION An area resident has requested to remove the existing angled parking on Highland Avenue, adjacent to 804 Melrose Street, and replace with parallel parking, in order to enhance safety at the street. Staff performed a site evaluation. The requested area is located on the east side of Highland Avenue, adjacent to 804 Melrose Street. There are currently seven (7) angled parking spaces. The posted speed limit on Highland Avenue is 30 mph. The property with address 804 Melrose Street, is located adjacent to these angled parking spaces, below street level. According to the resident, there have been many accidents of vehicles crashing on the east side of Highland Avenue, onto the fence separating the residence from the public right of way. Staff recommends to replace the existing angled parking with parallel parking on the east side of Highland Avenue, in order to enhance safety at the street. Staff also recommends to remove the existing red curb section, adjacent to the angled parking spaces, in order to accommodate additional parallel parking spaces. The installation of parallel parking will accommodate six (6) parking spaces. Staff also reviewed the traffic collision history for this location, which confirmed there were ten (10) "reported" traffic collision within the past four years. The NCPD report shows that several of these crashes were due to a DUI Alcohol violation (CVC 23152A). See attachment traffic collision summary table. This item was presented to the Traffic Safety Committee on October 14, 2020. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to remove the angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street. If approved by City Council, all work will be performed by City Public Works. 176 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-16) Melrose S 804 Melrose Street FA614 A'A^PI'r,ricP t 92' of existing angled parking to be converted into parallel parking Remove 34' of existing red curb to accommodate additional parallel parking i Gtogle Eart 177 of 324 ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2020 2 REQUEST TO REMOVE 92 FEET OF ANGLED PARKING AND REPLACE WITH PARALLEL PARKING ON THE EAST SIDE OF HIGHLAND AVENUE, ADJACENT TO 804 MELROSE STREET. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: An area resident has requested to remove the existing angled parking on Highland Avenue, adjacent to 804 Melrose Street, and replace with parallel parking, in order to enhance safety at the street. Staff performed a site evaluation. The requested area is located on the east side of Highland Avenue, adjacent to 804 Melrose Street. There are currently seven (7) angled parking spaces. The posted speed limit on Highland Avenue is 30 mph. The property with address 804 Melrose Street, is located adjacent to these angled parking spaces, below street level. According to the resident, there have been many accidents of vehicles crashing on the east side of Highland Avenue, onto the fence separating the residence from the public right of way. Staff recommends to replace the existing angled parking with parallel parking on the east side of Highland Avenue, in order to enhance safety at the street. Staff also recommends to remove the existing red curb section, adjacent to the angled parking spaces, in order to accommodate additional parallel parking spaces. The installation of parallel parking will accommodate six (6) parking spaces. Staff also reviewed the traffic collision history for this location, which confirmed there were ten (10) "reported" traffic collision within the past four years. The NCPD report shows that several of these crashes were due to a DUI Alcohol violation (CVC 23152A). See attachment traffic collision summary table. STAFF RECOMMENDATION: Based on the evaluation of the existing conditions, staff recommends to remove the existing angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose Street, in order to enhance safety at the street. This will result in the loss of one (1) on -street parking space. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic Collision History 2020-16 178 of 324 + CALIFORNIA -f N A U.ONAL CITY �- INCORPORATED PUBLIC REQUEST FORM Contact Information Name: Anonymous Address: 804 Melrose Street Phone: Email: Request Information Location: Highland Ave & Melrose St Request: Several car accidents colliding onto fence of 804 Melrose Street facing Highland Avenue. House is located below street level. Attachments: Yes No Description: Internal Use Only: Request Received By: Date: Received via: Assigned To: Notes: Counter/In-PersonnTelephonenEmail Faxri Referral: 179 of 324 October 7, 2020 Resident/Property Owner 1^. CALIFORNIA - NAUU._QNJ L CITY `- XNCOR OR.T ti• Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-16 REQUEST TO REMOVE 92 FEET OF ANGLED PARKING AND REPLACE WITH PARALLEL PARKING ON THE EAST SIDE OF HIGHLAND AVENUE, ADJACENT TO 804 MELROSE STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, October 14, 2020, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/97513738674?pwd=NTVUYkx1 N2VGVURRMzJIVTFRRi9rdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 975 1373 8674 Password: 079585 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2020-16. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2020-16 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 180 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-16) MeIr 0 ..I1t__ f 804 Melrose Street (ld h�Aalrn¢a t 92' of existing angled parking to be converted into parallel parking Remove 34' of existing red curb to accommodate additional parallel parking Glogle.Earl 181 of 324 92' of existing angled parking to be converted into parallel parking 804 Melrose St Remove 34' of existing red curb to accommodate additional parallel parking Location of proposed change from angled to parallel parking on Highland (looking north) 92' of existing angled parking to be converted into parallel parking Location of proposed change from angled to parallel parking on Highland (looking south) 182 of 324 Traffic Collision History (NCPD Records Division) From September 28, 2016 — September 28, 2020, there were ten (10) traffic collision on the intersection of Highland Avenue & Melrose Street. AGENCY ACTIVITY NUMBER DATE VIOLATION CODE VIOLATION DESCRIPTION ADDRESS INJUR FLAG NUMBER INJURED NUMBER KILLED HIT& RUN FLAG PEDESTRIAN RELATED I. CHARGE LEVEL NATION AL CITY 200356 7 7/3/2 020 22:30 VC 23152E DUI ALC/0.08 PERCENT (M) HIGHLAND AVENUE & MELROSE STREET, NC, 91950 N 0 0 N N MISDEMEANOR NATION AL CITY 160657 1 11/3 0/20 16 14:50 VC22107 TURNING MOVEMENTS AND REQUIRED SIGNALS HIGHLAND AVENUE & MELROSE STREET, NC, N 0 0 N N INFRACTION NATION AL CITY 200329 2 6/22/ 2020 0:05 VC 23152E DUI ALC/0.08 PERCENT (M) 100 HIGHLAND AVENUE, NC, 91950 N 0 0 Y N MISDEMEANOR NATION AL CITY 170363 9 7/8/2 017 2:09 VC 22350 UNSAFE SPEED (BASIC SPEED LAW) (I) 100 HIGHLAND AVENUE, NC, 91950 N 0 0 Y N INFRACTION NATION AL CITY 200344 1 6/29/ 2020 3:06 VC 22107 TURNS:UNSAF E TURN AND/OR NO TURN SIGNAL (I) 100 HIGHLAND AVENUE, NC, 91950 N 0 0 N N INFRACTION 183 of 324 NATION AL CITY 190630 5 11/2 9/20 19 0:03 VC MISC- HAZ MISCELLAN EO US HAZARDOUS VIOLATIONS OF THE VEHICLE CODE 100 HIGHLAND AVENUE, NC, 91950 N 0 0 Y N INFRACTION NATION AL CITY 170106 4 2J24J 2017 11:00 VC 23152E DUI ALCOHOL 0.08PERCENT HIGHLAND AVENUE & MELROSE STREET, NC, Y 2 0 N N MISDEMEANOR NATION AL CITY 190422 0 8/9/2 019 4:14 VC 22107 TURNS:UNSAF E TURN AND/OR NO TURN SIGNAL (I) 100 HIGHLAND AVENUE, NC, 91950 N 0 0 N N INFRACTION NATION AL CITY 170275 0 5/23/ 2917 10:16 VC 21460.5C LEFT TURN LANE HIGHLAND AVENUE & MELROSE STREET, NC, Y 1 0 N N INFRACTION NATION AL CITY 180009 6 1/6/2 018 1:04 VC 23152A DUI ALCOHOL (M) 100 HIGHLAND AVENUE, NC, 91950 Y 1 0 Y N MISDEMEANOR 184 of 324 185 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between West 8th Street and West Plaza Blvd, to increase parking turnover for customers and employees of the nearby businesses, and to enhance safety at the street (TSC No. 2020-17). (Engineering/Public Works) Please scroll down to view the backup material. 186 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. 8th Street and W. Plaza Blvd, to increase parking turnover for customers and employees of the nearby businesses, and to enhance safety at the street (TSC No. 2020-17). PREPARED BY: Carla Hutchinson, Assistant Engineer - , DEPARTMENT: Engin ri ./ bl'Works PHONE: 619-336-4388 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. 8th Street and W. Plaza Blvd, to increase parking turnover for customers and employees of the nearby businesses, and to enhance safety at the street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2020, the Traffic Safety Committee approved staff's recommendation to install "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. 8th Street and W. Plaza Blvd. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-17) 3. Resolution 187 of 3241 EXPLANATION The City's Parking Enforcement has requested the installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. Plaza Blvd and W. 8th Street. Parking Enforcement stated that commercial vehicles park at this location very often and use up the available on -street parking and have damaged the existing street lights along Roosevelt Avenue. Parking Enforcement also stated that they have received several complaints from the nearby businesses of the impacted parking on Roosevelt Avenue due to several commercial vehicles parking on the street during the day and night and that the installation of "No Truck Parking" signs would discourage trucks, semi -trucks, and/or trailers from parking adjacent to the businesses. Staff visited the site and verified that Roosevelt Avenue is located in a mixed area with commercial businesses and residences and that commercial vehicles do park on both sides of Roosevelt Avenue. The on -street parking spaces are currently 2-hour time - restricted on the west side of Roosevelt Avenue and no time -restriction on the east side of the street. Staff also observed that the adjacent businesses do not have sufficient off- street parking for their customers and employees. Furthermore, it should be noted that staff is evaluating opportunities to relocate truck parking to more desirable locations and/or establish truck permit parking programs to minimize impacts to residents and businesses. Staff measured the amount of parking available on the east side of Roosevelt Avenue between W. Plaza Blvd and W. 8th Street, adjacent to the businesses. In total there are approximately 424 feet of on -street parallel parking spaces available for twenty one (21) vehicles. In addition, City Council adopted the Downtown Parking Action Plan on June 2017, which includes locations for oversized vehicle parking prohibitions. Roosevelt Avenue, between W 8th Street and E. Plaza Blvd, is included as part of the prohibited locations for oversized vehicles. This item was presented to the Traffic Safety Committee on October 14, 2020. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. 8th Street and W. Plaza Blvd. If approved by City Council, all work will be performed by City Public Works 188 of 324 Location Map with Proposed Enhancements (TSC Item: 2020-17) tEl PARKING VEHICLES OVER 6' HIGH f—► Hunt Auto Sales - 110 W. 8th St 111 W. 9th St Existing "2-Hour parking" signs on the west side of Roosevelt Avenue C&M Motors National City - 904 Roosevelt Ave Southwestern College - 880 National City Blvd 762' of proposed "No Parking Vehicles Over 6' High" signs • klaiii4 pis 4.11721Ii 189 of 324 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2020 ITEM TITLE: REQUEST TO INSTALL "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE OF ROOSEVELT AVENUE, BETWEEN W. 8TH STREET AND W. PLAZA BLVD, TO INCREASE PARKING TURNOVER FOR CUSTOMERS AND EMPLOYEES OF THE NEARBY BUSINESSES, AND TO ENHANCE SAFETY AT THE STREET. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: The City's Parking Enforcement, has requested the installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between W. Plaza Blvd and W. 8th Street. Parking Enforcement stated that commercial vehicles park very often and use up the available on - street parking and have damaged the existing street lights along Roosevelt Avenue. Parking enforcement also stated that they have received several complaints from the nearby businesses of the impacted parking on Roosevelt Avenue, due to several commercial vehicles parking on the street during the day and night, and that the installation of "No Truck Parking" signs would discourage trucks, semi -trucks and/or trailers from parking adjacent to the businesses. Staff visited the site and verified that Roosevelt Avenue is located in a mixed area with commercial businesses and residences, and that commercial vehicles do park on both sides of Roosevelt Avenue. The on -street parking spaces are currently 2-hour time --restricted on the west side of Roosevelt Avenue and no time -restriction on the east side of the street. Staff also observed that the adjacent businesses do not have sufficient off-street parking for their customers and employees. Furthermore, it should be noted that staff is evaluating opportunities to relocate truck parking to more desirable locations and/or establish truck permit parking programs to minimize impacts to residents and businesses. Staff measured the amount of parking available on the east side of Roosevelt Avenue between W. Plaza Blvd and W. 8th Street, adjacent to the businesses. In total, there are approximately 424 feet of on -street parallel parking spaces available for twenty one (21) vehicles. In addition, City Council adopted the Downtown Parking Action Plan on June 2017, which includes locations for oversized vehicle parking prohibitions. Roosevelt Avenue, between W. 8th Street and E. Plaza Blvd, is included as part of the prohibited locations for oversized vehicles. 190 of 324 STAFF RECOMMENDATION: Staff recommends the installation of 424 feet of "No Parking Vehicles Over 6' High" signs (R28D) on the east side of Roosevelt Avenue, between W. Plaza Blvd and W, 8fh Street, in accordance with the Downtown Parking Action Plan, in order to provide on -street parking for customers and employees of the nearby businesses, and to discourage semi -trucks from parking in this area. EXHIBITS: 1. Public Request; 2. Public Notice; 3. Location Map; 4. Photos. 2020-17 191 of 324 -1*- CALIFORNIA NirioN L airy INCORPORATED PUBLIC REQUEST FORM Contact Information Name: Parking Enforcement Address: Phone: Email: Request Information Location: Roosevelt Ave, between W. Plaza Blvd & W. 8th St Request: Commercial vehicles parking along side of Roosevelt Avenue, causing damage to City street lights. Requesting site evaluation and installation of "No Truck Parking" signs. Attachments: Yes No Description: Internal Use Only: Request Received By: Date: Received via: Assigned To: Notes: Counter/In-Person nTelephone Email Fax Referral: 192 of 324 October 7, 2020 Resident/Property Owner -4.-. CALIFORNIA NATIONAL CITy Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-17 REQUEST TO INSTALL 424 FEET OF "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE OF ROOSEVELT AVENUE, BETWEEN W. 8TH STREET AND W. PLAZA BLVD, TO INCREASE PARKING FOR CUSTOMERS AND EMPLOYEES OF THE NEARBY BUSINESSES. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference CaII scheduled for Wednesday, October 14, 2020, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/i/97513738674?pwd=NTVUYkx1 N2VGVURRMzJIVTFRRi9rdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 975 1373 8674 Password: 079585 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2020-17. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2020-17 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 193 of 324 Location Map with Proposed Enhancements (TSC Item: 2020-17) in PARKING VEHICLES OVER 6' HIGH R280 (CA) Hunt Auto Sales - 110 W. 8th St 111 W. 9th St Existing "2-Hour parking" signs on the west side of Roosevelt Avenue CAM yrs GIP iiiii. ,,,.., • , , pimp -7,,,,NR7F.,1",, il=1 CT 6 . • i'.Y. 3•1.,' ! .ri•rs:---•,... W• t9 h pla7 - `...f.rra. Blv Imuswit.._ ___,,,/. . _ ''._. _ ,, , / 1., e ........ v:,,-al sg,,,,_ • Rao (CA) C&M Motors National City - 904 Roosevelt Ave Southwestern College - 880 National City Blvd 762' of proposed "No Parking Vehicles Over 6' High" signs 03 " 11$01 •TM 1-0 ep if • 1 C' • IC : rrrn '1* .21., ',..______• E v AU 194 of 324 Location of proposed "No Parking vehicles over 6' High" signs on the east side of Roosevelt Avenue (looking north) 10 PARKING VEHICLES OVER 6' HIGH 4- fl PARKING VEHICLES VER 6' HIGH 4► Southwestern College Location of proposed "No Parking vehicles over 6' High" signs on the east side of Roosevelt Avenue (looking north) 195 of 324 Location of proposed "No Parking vehicles over 6' High" signs on the east side of Roosevelt Avenue (looking south) 196 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 832 East 20th Street (TSC No. 2020-18). (Engineering/Public Works) Please scroll down to view the backup material. 197 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 832 E. 20th Street (TSC No. 2020-18). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil C \. DEPARTMENT: Engine PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. lic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the residence located at 832 E. 20th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 14, 2020, the Traffic Safety Committee approved staffs recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 832 E. 20th Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-18) 3. Resolution 198of3241 EXPLANATION Mr. Daniel Gomez, resident of 832 E. 20th Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Gomez stated that it is difficult for him to find parking in front of his property due to the high demand of parking in the area and that a disabled persons parking space in front of his house would provide easier access to the house. Staff visited the site and observed that Mr. Gomez' residence has a driveway entrance through the alley with no garage. With his permission and supervision, staff measured the driveway. The driveway is 22 feet long by 18 feet wide with a slope of approximately 10%. In order to accommodate a vehicle with a disabled driver or passenger, the slope must be 2% or less. This condition is not met since the slope of driveway does not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. This item was presented to the Traffic Safety Committee on October 14, 2020. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staffs recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works 199 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-18) • 0 r 41-1(T ). E. 20th Street •glk- - -511.-71 War 11. _ . -tt—,0-•""411 PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space 200 of 324 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 14, 2020 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 832 E. 20T" STREET PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: Mr. Daniel Gomez, resident of 832 E. 20'° Street, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. Mr. Gomez stated that it is difficult for him to find parking in front of his property due to the high demand of parking in the area and that a disabled persons parking space in front of his house would provide easier access to the house. Staff visited the site and observed that Mr. Gomez' residence has a driveway entrance through the alley with no garage. With his permission and supervision, staff measured the driveway. The driveway is 22 feet long by 18 feet wide with a slope of approximately 10%. In order to accommodate a vehicle with a disabled driver or passenger, the slope must be 2% or less. This condition is not met since the slope of driveway does not meet the minimum parking requirements for disabled persons. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 201 of 324 STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 832 E. 20th Street. EXHIBITS: 1. Public Request Form 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2020-18 202 of 324 RECEIVED ENG ' Q) OR BLUE CURB DISABLED PERSONS PARKING SPACE MO JUL 21 p I2: 21 NAMOPWRAIMPRtibi NAME REPRESENTATIVE P I DISABLED PERSON (if different from above): n iro ADDRESS1 EMAIL: • PHONE NUMBgi;, � • Please answer the following questions, which will assist Engineering staff, the Traffic Safety, Committee; and your City Council in determining If you are qualified to have a blue curb disabled persons parking space pieced hi front of your residence. Please be Informed that all blue curb parking spaces are considered pubilc parking. Therefore, any registered vehicle In possession of a disabled persons placard or license plate is legally allowed to park In the blue curb space for up to 72. continuous hours. 1) Do you possess a valid disabled person's.placard Issued by the Cal • orrnla Department of Motor Vehicles (DMV)? ES NO If YES, please Include a copy of the placard, which contains orar name, adaress, placard number, and expiration date, 2) Does your residence have a garage? EIYES If YES, Is the garage large enough to park a vehicle EYES (minimum of 20' x 12') 3) Does your residence have a driveway? If YES, a) Is the driveway large enough to park a vehicle? (minimum of 20' x 12') . b) Is the driveway level? lJYES c) Is the driveway sloped/inclined? 4) Please write any additional comments here (optional), ENO YES ONO YES YES �Na NO NO 1g5O 203 of 324 October 7, 2020 Resident/Property Owner CALIFORNIA* NATIONAL CI Ty fNCORPoIUV Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2020-18 REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 832 E. 20TH STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, October 14, 2020, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/I/97513738674?pwd=NTVUYkx1 N2VGVURRMzJIVTFRRi9rdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 975 1373 8674 Password: 079585 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2020-18. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2020-18 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 204 of 324 Location Map with Recommended Enhancements (TSC Item: 2020-18) R99 (CA) IL._ Proposed blue curb disabled persons parking space 205 of 324 Location of proposed blue curb disabled persons parking space in front of 832 E. 20th Street (looking east) 832 E. 20th Street Location of proposed blue curb disabled persons parking space in front of 832 E. 20th Street (looking south) 206 of 324 Location of existing side entrance to residence of 832 E. 20th Street (looking east) 207 of 324 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 208 of 324 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an ongoing nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 209 of 324 Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) Jha:p 210 of 324 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter — Second Quarter 2020. (Finance) Please scroll down to view the backup material. 211 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Second Quarter 2020 PREPARED BY: Mark Roberts, Finance Director DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: �'�%4ir EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the second quarter of calendar year 2020, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `ie d ,G FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Second Quarter 2020 212 of 324 National City In Brief lational City's receipts from April through June were 10.3% below the second sales period in 2019. Actual sales were down 19.7% after adjust- ing for additional payments received from last quarter that had been de- layed by the State's relief program to support businesses during the Covid-19 crisis. The March 19 State lockdown or- ders temporarily shuttered many non -essential retailers and had a profound impact on the general con- sumer goods group. New car sales were lower as con- sumers grew cautious about making big ticket purchases at the begin- ning of the recession. Service sta- tion revenue plunged as many em- ployees transitioned to working from home. The temporary shuttering of restaurant dining rooms also con- tributed to the 48% decline for ca- sual eateries. Allocations from the countywide use tax pool were 28% higher, however. after a recent legislative change has allowed for the taxation of additional internet purchases. Voter approved Measure D gener- ated an additional $2,276,000 after adjusting for anomalies. Net of aberrations, taxable sales for all of San Diego County declined 18.9% over the comparable time pe- riod; the Southern California region was down 18.0%. CALIFORNIA NATIONAL CITY 1,(701ir..nAr.0 National City Sales Tax Update Third Quarter Receipts for Second Quarter Sales (April - June 2020) • 116. SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800.000 5600,000 $400.000 $200.000 50 Autos and Transportation 1 County and State Pools Genei Consumer Goods 'Allocation aberrations have been adjusted to reflect sales activity TOP 25 PRODUCERS IN ALPHABETICAL ORDER ABC Supply Co Ball Mitsubishi Chick Fil A Frank Hyundai Frank Subaru Frank Toyota Hd Supply White Cap Honda Lease Trust Hub Construction Specialties In N Out Burger JP Morgan Chase Bank Mossy Nissan National City Auto Center Perry Chrysler Dodge Jeep Ram Perry Ford Pitbull Audio Probuild Company Ron Baker Chevrolet Ross Royal Mandarin Restaurant South Bay Volkswagen Target Walmart Supercenter Wescott Mazda Westair Gases & Equipment 2nd Quarter 2019* ■ 2nd Quarter 2020* ilib Restaurants and Hotels Building Business and and Construction Industry L Food Fuel and and Service Drugs Stations REVENUE COMPARISON Four Quarters — Fiscal Year To Date (Q3 to Q2) 2018-19 2019-20 Point -of -Sale $16,792,061 $15,143,723 County Pool 2,683,761 3,410,085 State Pool Gross Receipts 8,480 8,115 $19,484,302 $18,561,924 Measure D $12,514,468 $11,884,418 Published by HdL Companies in Fall 2020 www.hdlcompanies.com 1888.861.0220 2Q 2020 National City Sales Tax Update Statewide Results Local sales and use tax receipts from April through June sales were 16.3% lower than the same quarter of 2019 after factoring for accounting anomalies and back pay- ments from previous quarters. This was the largest quarter to quarter de- cline since 2009. The drops were deepest in the San Francisco Bay Area, Central Coast and Southern California where de- clines in revenues from fuel, automobiles, general consumer goods and restaurants/ hotels were the most severe. However, despite a 14.9% unemployment rate that eclipsed the previous high of 12.3% during the great recession of 2010 and temporary business closures, the drop in sales was less than previously projected by most analysts including HdL. The high second quarter unemployment rates primarily affected lower wage service sectors which generate a smaller share of sales tax revenues. Internet connected knowledge workers continued to work but locked at home, found that they had extra cash to spend because of reduced commute and work -related expenses and few entertainment or travel options. Ad- ditionally, though much of the quarter's government relief payments were spent largely on rents, utilities and necessities, the money was not distributed propor- tionally to income losses thereby adding temporary discretionary income gains for some recipients. Low interest rates and longer term lend- ing practices allowed the extra money to be spent on previously delayed purchases such as autos and home improvements. New car registrations dropped 48.9% in the second quarter, but sales tax re- ceipts dropped only 15.8% as buyers who did purchase, opted for more expensive SUV's, trucks and luxury vehicles. As cabin fever set in, sales of RV's, boats and Motorcycles also began to rise. With restaurants and many brick and mortar stores closed or restricted to lim- ited occupancy, buyers shifted to online shopping with tax revenues from in -state fulfillment centers rising 142.7% over the second quarter of 2019 and county pools where tax receipts from out-of-state goods are allocated, rising 28.9%. Online sales accounted for 52.0% of this quarter's tax revenues from the general consumer goods group. Working at home eventually morphed into working on home thereby boosting related improvement purchases. Grocers, cannabis, liquor and sporting goods fur- ther helped offset losses in other segments. Strong demand for warehouse and ship- ping technology, equipment and supplies to accommodate the increase in online shopping as well as home offices and virtual classrooms helped offset declines in the business/industrial group. Un- anticipated gains in agriculture related purchases and transit spending further added to the offset. Pandemic uncertainties, fires, childcare issues and bankruptcies are expected to result in uneven gains through 2020-21 with each jurisdiction's experience differ- ing according to the scope and character of their individual tax bases. Overall recovery and improvement in statewide receipts is not expected to begin until 2021-22. SALES PER CAPITA* $8,000 $6,000 $4,000 $2,000 $0 Q2 17 National City Q2 18 County 'Allocation aberrations have been adjusted to reflect sales activity Q2 19 Q2 20 Califomia EVENUE BY BUSINESS GROUP National City This Quarter* Autos/Trans. 34% Busilnd. 5% ilding 6% Others 6% Pools 23% ons.Goods Restaurants 10% 'Allocation aberrations have been adjusted to reflect sales activity NATIONAL CITY TOP 15 BUSINESS TYPES** *!n thousands of dollars Business Type Auto Lease Automotive Supply Stores Building Materials Casual Dining Convenience Stores/Liquor Discount Dept Stores Drugs/Chemicals Electronics/Appliance Stores Family Apparel Grocery Stores New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Specialty Stores Used Automotive Dealers Total All Accounts County & State Pool Allocation Gross Receipts National City Q2 '20* Change 127.2 53.7 186.2 100.5 -6.2% 3.5% -0.1% -48.3% 47.7 12.3% - CONFIDENTIAL - - CONFIDENTIAL - 46.3 83.4 59.0 990.5 249.6 108.1 50.4 79.4 3,013.1 907.2 3,920.2 -48.5% -57.7% 22.5% -21.9% -13.2% -59.0% -40.8% -39.4% -27.9% 29.0% -19.7% County HdL State Change Change -11.2% -9.2% 4.5% -4.7% 3.0% 7.0% -56.2% -53.2% 14.0% 8.4% -8.9% -6.3% -10.9% -6.8% -52.0% -50.8% -64.7% -66.3% 10.8% 7.8% -16.3% -15.8% -24.4% -22.0% -38.1% -45.2% -37.9% -36.2% -26.3% -20.6% -28.1% -24.0% 37.6% 28.9% -18.9% -16.3% ** Accounting aberrations such as late payments, fund transfers, and audit adjustments have been adjusted to reflect the quarter in which the sales occurred. 16% 214 of 324 The following page(s) contain the backup material for Agenda Item: Warrant Register #12 for the period of 9/16/20 through 9/22/20 in the amount of $3,457,747.54. (Finance) Please scroll down to view the backup material. 215 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #12 for the period of 9/16/20 through 9/22/20 in the amount of $3,457,747.54. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 9/16/20 - 9/22/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Axon Enterprises Inc 349320 60,062.40 Storage for Body Worn Cameras/PD Health Net 349358 79,074.09 Grp# R1192A — Sept 2020 Intercontinental San Diego 349363 51,089.37 Hotel Accommodations/Residents WSP USA Inc 349421 50,216.02 Focused GP Update Action Plan Adminsure Inc 295 54,559.05 Workers Comp — Aug 2020 Public Emp Ret System 91720 257,541.09 Svc Period 8/25/20 — 9/07/20 City of San Diego 850395 1,442,257.00 Metro Sewer FY21 1st Qtr FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $3,457,747.54. APPROVED: LWA,ika/ 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 $3,457,747.54. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 12 216 of 324 CALIFORNId 1%T1ONAL €iry mconpORAT., PAYEE UNITED PARCEL SERVICE AXON ENTERPRISE INC STATEWIDE TRAFFIC SAFETY WETMORES WILLY'S ELECTRONIC SUPPLY A&B SAW & LAWNMOWER ACME SAFETY & SUPPLY CORP AMERICAN BACKFLOW SPECIALTIES AT&T AT&T BAJA PARTS & EQUIPMENT INC BEHAVIOR ANALYSIS TRAINING INC BUSH POWER BRAKE SERVICE CAHA CALIFORNIA DIESEL COMPLIANCE CDWG CITRIX SYSTEMS INC CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY COUNTY OF SAN DIEGO COX COMMUNICATIONS CPOA CUMMINS, A DAY WIRELESS SYSTEMS DION INTERNATIONAL TRUCK INC D-MAX ENGINEERING INC EXIT CERTIFIED CORP FEDEX FON JON PET CARE CENTER GONZALES, G GRAINGER HAAKER EQUIPMENT COMPANY HAPPY SOFTWARE INC HD SUPPLY CONSTRUCTION HDL COREN & CONE HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HERNANDEZ, P HOME DEPOT CREDIT SERVICES INTERCONTINENTAL SAN DIEGO JANI-KING OF CALIFORNIA INC K SURPLUS SALES INC WARRANT REGISTER # 12 9/22/2020 DESCRIPTION MOP 05274 SHIPPING SERVICES / PD STORAGE FOR BODY WORN CAMERAS / PD BARRICADES / PW MOP 80333 AUTO SUPPLIES - PW ELECTRICAL SUPPLIES / MIS 2-MS 461 R 20 INCH CHAINSAWS / FIRE SAFETY CONES / PW PURCHASE OF BACKFLOW, GUAGES & VALVES AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 MOP 85049 AUTO SUPPLIES - PW TRAINING TUITION INV INTER SOSA / PD CALIPER REPAIR AND BRAKE LINE 2020 ANNUAL CAHA MEMBERSHIP RENEWAL STAGE ONE HIGH-PRESSURE AIR CLEANING CYLANCE PROTECT + OPTICS DVC SLED CITRIX SHAREFILE ANNUAL RENEWAL 7/1/20-6/30/21 MOP 80331 AUTO SUPPLID - PW ELECTRONIC DOOR, LOCK INSTALLATION / PW NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FOR FY21 CAPTAIN YOUNG CPOA DUES / PD TRAINING POST REIM AICC / PD / CUMMINS QUARTERLY SERVICE MAINTENANCE GLASS KIT MIRROR AND MOUNTING T&A90412 RANCHO ARROYO VMWARE VSPHERE: INSTALL & CONFIGURE / MIS POLICE RECRUIT TESTING MATERIALS BOARDING FOR CANINE / PD TRAINING REIM AICC G GONZALES / PD BUILDING SUPPLIES AND EQUIPMENT FY 21-- BURNER HOTBOX / PW FUNCTIONAL CONSULTING FOR SECTION 8 GRAPHITE RIDGELINE 4PT RATCHET FULL CONTRACT SVCS PROPERTY TAX / APRIL - JUN GRP # R1192Q - SEPT 2020 GRP #N7177A - SEPT 2020 GRP #N7176F - SEPT 2020 GRP # R1192R-SEPT 2020 1 D JONES GRP #R1192A - SEPT 2020 GRP #LB439A - SEPT 2020 GRP #57135M - SEPT 2020 TRAINING REIM SWAT HERNANDZ P / PD CASA DE SALUD ORGANIZING BOXES 073149149 HOTEL ACCOMMODATIONS/RESIDENTS/USS FIRE COVID-19 JANITORIAL CLEANING SERIVCES STEEL BOLTS HARDWARE / PW CHK NO 349319 349320 349321 349322 349323 349324 349325 349326 349327 349328 349329 349330 349331 349332 349333 349334 349335 349336 349337 349338 349339 349340 349341 349342 349343 349344 349345 349346 349347 349348 349349 349350 349351 349352 349353 349354 349355 349356 349357 349358 349359 349360 349361 349362 349363 349364 349365 DATE 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 AMOUNT 17.14 60,062.40 6,157.43 47.57 289.59 1,844.59 568.65 299.35 2,109.30 127.88 496.75 481.00 54.37 900.00 335.00 20,763.75 675.00 701.69 1,285.61 8,814.75 673.06 500.00 106.70 4,596.00 625.14 6,714.07 3,613.00 20.50 1,456.00 113.34 2,416.12 337.12 2,400.00 249.62 2,979.83 1,969.92 1,860.36 1,598.46 832.36 79,074.09 2,946.00 1,252.16 114.58 417.21 51,089.37 13,162.36 38.06 1/3 217 of 324 CALIPORNld 1%T1ONAL €iry mconpORAT., PAYEE LASER SAVER INC LEFORT'S SMALL ENGINE REPAIR LIEBERT CASSIDY WHITMORE MASON'S SAW MCGUIRE, D MOBILE WIRELESS LLC NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY MOTORCYCLES NIGH, C NV5 INC NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PACIFIC SAFETY CENTER PACIFIC STATES PETROLEUM INC PAESSLER AG PARTS AUTHORITY METRO LLC PENSKE FORD PIERSON, D PRIMAL RESPONSE TRAINING GROUP PRO BUILD COMPANY PROCHEM SPECIALTY PRODUCTS INC PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY SAFETY-KLEEN SYSTEMS, INC SAM'S ALIGNMENT SCANNING SERVICE CORPORATION SDAPSD SDG&E SHINE SUPPLY SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SONSRAY MACHINERY LLC SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE SUNBELT RENTALS, INC. SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY THE BUMPER GUY INC TODD PIPE & SUPPLY LLC U S BANK UNITED ROTARY BRUSH CORP URIBE, V USA MOBILITY WIRELESS INC V & V MANUFACTURING WARRANT REGISTER # 12 9/22/2020 DESCRIPTION MOP 04840 INK CARTRIDGES / PD MOP 80702 AUTO SUPPLIES - PW PERSONNEL MATTER REPAIR, MAINTENANCE, AND SUPPLIES / PARKS REIMBURSEMENT PARAMEDIC RECERTIFICATION NETMOTION ANNUAL RENEWAL MOP 45735 GENERAL SUPPLIES - PW CARWASH SERVICES FOR FLEET FY 2021 SERVICE AND REPAIR FOR EMERGENCY VEHICLE CHK NO 349366 349367 349368 349369 349370 349371 349372 349373 349374 REIMBURSEMENT FOR PARAMEDIC RECERTIFICATE 349375 T&A90445 CDP2019-4169 349376 T&A90431 CDP2019-4315 349377 MOP 83778 OFFICE SUPPLIES FIRE DEPARTMEN MOP 75877. SUPPLIES FOR EQUIPMENT / PW SMOG CERTIFICATION / REPAIRS FOR CITY MEMBERSHIP RENEWAL PACIFIC SAFETY CENTER HYDRAULIC OIL, ENGINE OIL, AND VEHICLE PRTG 1000 (UPGRADE) MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 TRAINING REIM / PD TRAINING TUITION RED DOT GIL& FERNANDO VARIOUS SAFETY SUPPLIES AS NEEDED FOR DEGREASER, CARWASH SOAP TEMP SERVICES MOP 45742 LAUNDRY SERVICES - PW SAFETY KLEEN PARTS WASHING STATION WHEEL ALIGNMENT SERVICE FOR CITY SCANNING SERVICE CORP TRAINING TUITION EMMA CABATU / PD GAS AND ELECTRIC UTILITIES FOR STREETS AUTOMOTIVE SHAMPOO, CLEANERS AND POLISH FERTILIZER AND HERBICIDE FOR PARKS MOP 63845 PRINTING SUPPLIES - ENG 114980A1, GAS STRUT INVOICE INV-19158 COVID/ENG/HEPA FILTER DIESEL GENERATOR FOR LAS PALMAS POOL SWAGIT WEBCASTING FOR FY21 WATER BILL FOR PARKS DIVISION FY 2021 MATERIAL PAINT / PW CITYWIDE PLUMBING MATERIALS & PARTS US BANK CARD PAYMENT STREET SWEEPER REPAIRS AND MAINTENANCE LICENSE REIMBURSEMENT METROCALL PAGING FOR FY21 1 YEAR PINS / HR 349378 349379 349380 349381 349382 349383 349384 349385 349386 349387 349388 349389 349390 349391 349392 349393 349394 349395 349396 349397 349398 349399 349400 349401 349402 349403 349404 349405 349406 349407 349408 349409 349410 349411 349412 DATE 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 9/22/20 AMOUNT 2,043.53 190.31 24,289.52 827.08 225.00 6,806.00 72.61 350.00 854.83 225.00 9,040.67 1,149.67 461.58 82.68 55.00 145.00 1,169.56 1,232.50 235.80 730.34 498.19 927.00 230.24 210.45 5,807.00 677.09 187.59 305.00 9,365.44 110.00 369.05 480.22 276.61 95.07 335.56 611.32 3,482.23 2,584.28 1,920.83 134.68 48.47 8,591.91 13,945.74 515.39 75.00 661.46 1,757.28 2/3 218 of 324 CALIPORNId 1%T1ONAL CITT PAYEE VERIZON WIRELESS VIORA, B WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WESTFLEX INDUSTRIAL WETMORES WILLIAMS, G WILLY'S ELECTRONIC SUPPLY WSP USA INC WIRED PAYMENTS ADMINSURE INC PUBLIC EMP RETIREMENT SYSTEM CITY OF SAN DIEGO PAYROLL Pay period Start Date 18 9/8/2020 WARRANT REGISTER # 12 9/22/2020 DESCRIPTION VERIZON CELLULAR SERVICES FOR FY21 REIMBURSEMENT PARAMEDIC CERTIFICATION MISCELLANEOUS JANITORIAL SUPPLIES XL NITRI GUARD FLOCK LINE MOP 63850 AUTO SUPPLIES — PW MOP 80333 AUTO SUPPLIES - PW REIMBURSE PARAMEDIC RECERTIFICATION WILLY'S ELECTRONICS MOP FY21 FOCUSED GENERAL PLAN UPDATE ACTION PLAN WORKERS COMP -AUGUST 2020 SVC PERIOD 8/25/20 - 9/07/20 METRO SEWER FY21 1ST QTR 7/1/20-9/30/20 End Date 9/21/2020 Check Date 10/30/2020 GRAND TOTAL CHK NO DATE AMOUNT 349413 9/22/20 123.33 349414 9/22/20 225.00 349415 9/22/20 2,889.25 349416 9/22/20 32.61 349417 9/22/20 408.46 349418 9/22/20 442.96 349419 9/22/20 200.00 349420 9/22/20 95.82 349421 9/22/20 50,216.02 A/P Total 446,210.48 295 9/18/20 54,559.05 91720 9/17/20 257,541.09 850395 9/18/20 1,442,257.00 1,257,179.92 $ 3,457,747.54 3/3 219 of 324 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 17TH OF NOVEMBER 2020. AYES NAYS ABSENT 220 of 324 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 9/23/20 through 9/29/20 in the amount of $552,469.99. (Finance) Please scroll down to view the backup material. 221 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #13 for the period of 9/23/20 through 9/29/20 in the amount of $552,385.88. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 9/23/20 - 9/29/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kimley Horn 349549 97,440.43 Roosevelt PSE Smart Growth Mile of Cars Association 349464 76,294.75 FY20 Apportionment #7 to #11 Project Professionals Corp 349474 53,754.73 CIP 19-43 Sewer Upsizing FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $552,385.88. APPROVED: L6i�'/6a /GZ 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 $552,385.88. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 13 222 of 324 +�- CALIFORNIA PAYEE 2-1-1 SAN DIEGO ACADEMI TRAINING CENTER LLC ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC ALDEMCO ALL FRESH PRODUCTS ALLSTATE NORTHBROOK INDEMNITY BAJA PARTS & EQUIPMENT INC CHEN RYAN ASSOCIATES INC CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP CITY OF ESCONDIDO CITY OF IMPERIAL BEACH CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMING CHEVROLET DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DEPT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING INC EXPRESS PIPE AND SUPPLY FEDEX FIRE ETC GEICO CORPORATION HAAKER EQUIPMENT COMPANY HOME DEPOT CREDIT SERVICES K SURPLUS SALES INC KIMLEY HORN LOPEZ, J MAZICH, S MCCOLL, WILLIAM MCDOUGAL LOVE ECKIS MILE OF CARS ASSOCIATION NATIONAL CITY CAR WASH NERI LANDSCAPE ARCHITECTURE NV5 INC OFFICE SOLUTIONS BUSINESS NATIONAL Ciry WARRANT REGISTER # 13 9/29/2020 DESCRIPTION CITIES UNRESTRICTED CONTRIBUTION FOR FY RANGE PRACTICE 2 COVER JACKETS FOR MOTORS AGREEMENT TO PROVIDE MONTHLY SERVICES FOOD NUTRITION FOOD NUTRITION LIABILITY CLAIM COST MOP 85049 AUTO SUPPLIES- PW 24TH ST. TODO SAFE ROUTE TO SCHOOL LEGAL SERVICES FOR AFFORDABLE HOUSING SWAT RANGE TRAINING SD BAY WATERSHED FY20-21 PROFESSIONAL SERVICES MOP 80331 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRONIC DOOR, LOCK PRE -EMPLOYMENT PHYSICAL GC76000-761000 OR 76101 AUG-20/CO OF SD GC76000-761000 OR 76101 JULY-20/CO OF SD SOLID WASTE REPORT APPLC. MOP 45751 AUTO SUPPLIES - PW LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST FINGERPRINTING FOR EMPLOYEES HAND SANITIZER WIPES CIP19-43 SEWER UPSIZE CITYWIDE PLUMBING PARTS, MATERIALS & TOOLS FEDEX SERVICED FOR 2020-2021 / HOUSING REDBACK PULL ON STATION BOOTS LIABILITY CLAIM COST BEACON SUPPORT GENERAL SUPPLIES AS NEEDED FOR BUILDINGS STEEL BOLTS / PW ROOSEVELT PSE SMART GROWTH TRAINING REIMB R LOPEZ EDUCATION REIMBURSEMENT T&A90472 1404 I AVE - BOND PROFESSIONAL SERVICES / CAO FY20 APPORTIONMENT #7 TO #11 CARWASH SERVICES FOR FLEET FY 2021 PARADISE CREEK EDUCATIONAL PARK GIS WEBSERVER COMMUNITY SERVICES OFFICE SUPPLIES CHK NO 349422 349423 349424 349425 349426 349427 349428 349429 349430 349431 349432 349433 349434 349435 349436 349437 349438 349439 349440 349441 349442 349443 349444 349445 349446 349447 349448 349449 349450 349451 349452 349453 349454 349455 349456 349457 349458 349459 349460 349461 349462 349463 349464 349465 349466 349467 349468 DATE 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 9/29/20 AMOUNT 11,716.40 1,200.00 305.93 7,872.50 5,529.41 3,247.54 2,660.64 43.86 45,298.50 20,148.08 3,150.00 700.00 18,671.00 7,200.00 136.58 179.84 80.00 8,225.00 7,762.50 612.00 497.22 13,875.15 4,905.20 4,499.30 3,360.00 3,034.26 1,100.00 394.00 837.27 643.44 2,122.52 15.77 157.69 7,521.11 178.24 90.25 108.21 97,440.43 368.77 300.00 10,682.40 29,526.00 76,294.75 310.00 11,017.50 1,650.00 224.86 1/2 223 of 324 +�- CALIFORNIA O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PEACE OFFICERS RESEARCH PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RADY CHILDREN'S HOSPITAL SAN D RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYMBOLARTS, LLC SYSCO SAN DIEGO INC TECHNOLOGY INTEGRATION GROUP TELECOM LAW FIRM P C TERMINIX INTERNATIONAL THE HAWKINS COMPANY THOMSON REUTERS WEST T'S & SIGNS UNDERGROUND SERVICE ALERT UNITED LABORATORIES INC UNITED ROTARY BRUSH CORP VCA MAIN ST ANIMAL HOSPITAL VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER # 13 9/29/2020 MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW PORAC RESEARCH / PD MOP45707/ FIRE/TOTE 35 GALLON TEAM STAFF-GERALDINE A ALVARADO CIP19-43 SEWER UPSIZING MOP 45742 LAUNDRY SERVICES - PW SEXUAL ABUSE EXAM LAS PALMAS ELECTRICAL XCONSULTING FEES P.W.D.FIRE STA. GAS AND ELECTRIC UTILITIES MOP 69277 LANDSCAPING SUPPLIES - PW COMMUNITY SERVICES TEEN CENTER SUPPLIES TRAFFIC LIGHT SIGNAL SERVICES / PW OFFICE SUPPLIES / CAO ASPHALT, TACK 3/8 SHEET FOR FY 2021- WATER BILL FOR FACILITIES FY 2021 WALLETS FOR FLAT BADGES FOOD / NUTRITION MIS SUPPLIES PROFESSIONAL SERVICES / CAO ON -SITE PEST CONTROL SERVICES EXECUTIVE SEARCH CONSULTANTS /CAO LEGAL PUBLICATION UPDATES/ CAO COMMUNITY SERVICES VIRTUAL MARATHON SUPPLIES UNDERGROUND SERVICE ALERT FY 2021 HAND SANITIZER / PW STREET SWEEPER REPAIRS AND MAINTENANCE CANINE CARE / DUKE / PD LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MOP 68834 GENERAL SUPPLIES - PW JANITORIAL SUPPLIES FOR ALL FIRE BACKGROUND CHECKS MOP 00351 BATTERIES PD GRAND TOTAL 349469 9/29/20 12.14 349470 9/29/20 79.86 349471 9/29/20 96.00 349472 9/29/20 1,300.29 349473 9/29/20 2,048.00 349474 9/29/20 53,754.73 349475 9/29/20 485.89 349476 9/29/20 461.00 349477 9/29/20 1,000.00 349478 9/29/20 5,094.59 349479 9/29/20 22,408.10 349481 9/29/20 321.31 349482 9/29/20 237.20 349483 9/29/20 16,125.97 349484 9/29/20 557.15 349485 9/29/20 187.49 349486 9/29/20 252.52 349487 9/29/20 331.13 349488 9/29/20 3,630.49 349489 9/29/20 185.96 349490 9/29/20 2,112.00 349491 9/29/20 1,060.00 349492 9/29/20 9,405.00 349493 9/29/20 1,028.33 349494 9/29/20 3,575.16 349495 9/29/20 430.69 349496 9/29/20 344.08 349497 9/29/20 1,219.31 349498 9/29/20 244.11 349499 9/29/20 3,625.00 349500 9/29/20 1,311.00 349501 9/29/20 525.00 349502 9/29/20 1,444.13 349503 9/29/20 878.37 349504 9/29/20 620.80 349505 9/29/20 98.96 A/P Total 552,385.88 $ 552,385.88 2/2 224 of 324 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 17TH OF NOVEMBER 2020. AYES NAYS ABSENT 225 of 324 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City establishing appropriations and corresponding revenue budget for $643,113 in CARES Act round three funding to Community Development Block Grant (CDBG-CV) activities and authorizing the submission of the Second Amendment to the 2019-2020 Action Plan that incorporates the CDBG-CV funded activities into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). (Housing Authority) Please scroll down to view the backup material. 226 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City authorizing an increase of $643,113.00 to the Community Development Block Grant (CDBG) Fund appropriation and correspondinc revenue budget for CARES Act round three CDBG-CV activities and authorizing the submission of the Seconc Amendment to the 2019-2020 Action Plan that incorporates the funded activities into said Action Plan for acceptance by U.S. Department of Housing and Urban Development (HUD). AGENDA ITEM NO.: PREPARED BY: Angelita Palma, Housing Programs Manager DEPARTMENT: Housing Authority PHONE: 619-336-4219 APPROVED BY: EXPLANATION: See attachment number one for explanation. FINANCIAL STATEMENT: The CDBG-CV funds for the corresponding accounts will be used through June 30, 2022. ACCOUNT NO. Revenue: 301-45922-3498 $643,113 Expenditure: 301-416-922-* $514,491 301-419-922 * $128,622 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. APPROVED: LireZ FINANCE APPROVED: MIS ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Conduct the Public Hearing, approve the funding recommendations, establish budget appropriations and corresponding revenue budget from the source identified in the Financial Statement above, and authorize the submission of the Second Amendment to the 2019-2020 Action Plan to HUD for the CDBG-CV program. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Funding Recommendations 4. Resolution 227 of 324 Attachment No. 1 City of National City November 17, 2020 Staff Report Explanation during the COVID-19 pandemic could greatly be expanded. The proposed improvements to the Center would allow for food preparation and distribution, and other healthcare services to meet the needs of National City residents during the Covid-19 pandemic. The community room and hallway is 10,000 SF with a large room divider that can be used to separate services being provided at the MLK Jr. Community Center. The adjacent kitchen space which, is 1,000 SF is available for basic food service but is not equipped to function as a commercial kitchen. Updating the kitchen to meet local and county requirements to operate as a commercial kitchen would provide the opportunity for local non -profits to prepare and distribute meals on site. In addition to the community room/hallway and the kitchen, funds will be used to upgrade the entrances of the restrooms in the MLK Jr. Community Center to become ADA compliant. Document Review Due to the COVID-19 global pandemic, funding recommendations and the Draft Second Amendment to the 2019-2020 Action Plan will be available to the public on the City of National City CDBG and HOME webpage at http://www.nationalcityca.gov/cdbq-home. Page 2 of 2 228 of 324 The following page(s) contain the backup material for Agenda Item: Public Hearing — Resolution of the City Council of the City of National City authorizing the execution of an Order of Vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) (Case File No. 2020-09 SC) (Planning) Please scroll down to view the backup material. 229 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE:: November 17, 2020 AGENDA ITEM NO. Public Hearing — Resolution of the City Council of the City of National City authorizing the execution of an Order of Vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 181h Street north of Harrison Avenue. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) (Case File No. 2020-09 SC) PREPARED BY: 1Martin Reeder, AICP ; DEPARTMENT: CTnity Development PHONE: 619-336-4313 APPROVED BY: EXPLANATION: 'The City Council initiated the vacation request on August 18, 2020 to vacate Harrison Avenue between West 18th and 19th streets, including a small portion of West 18th Street north of Harrison Avenue. These areas are paper streets (not improved). BNSF Railway Company owns the properties on either side of the street, both of which are vacant dirt areas. Due to security issues with unauthorized activities occurring on the properties, the applicant wishes to vacate the adjacent street in order to control access to the area. The portion of Harrison Avenue in question is 250 feet long by 40 feet wide. The area portion of West 18th Street is 80 feet by 40 feet. The total vacation area is 13,200 square feet. The Planning Commission determined the vacation consistent with the General Plan on October 19, 2020 The attached Background Report describes the proposed vacation in more detail. *This project also requires a Coastal Development Permit, the Notice of Decision for which is on this same agenda* i FINANCIAL STATEMENT: APPROVFP: ACCOUNT NO. APPROV ENVIRONMENTAL REVIEW Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street vacation does not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: J STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the alley vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the alley vacation request complies with the General Plan. Vote: Ayes — Flores, Dela Paz, Yamane, Sendt, Natividad, Sanchez Absent — Garcia ATTACHMENTC`. 1. Background Report 2, Recommended Findings 3. Recommended Conditions 4. Overhead 5. Site Photos 6. 7. 8. 9. 10. Notice of Exemption Planning Commission Resolution No. 2020-09 Public Notice; Resolution Order of Vacation 230 of 3241 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council approve the street vacation request. Executive Summary The applicant has proposed to vacate Harrison Avenue between West 18th and 19th streets, including a small portion of West 18th Street north of Harrison Avenue. These areas are paper streets (not improved). BNSF Railway Company owns the properties on either side of the street, both of which are vacant dirt areas. Due to security issues with unauthorized activities occurring on the properties, the applicant wishes to vacate the adjacent street in order to control access to the area. The portion of Harrison Avenue in question is 250 feet long by 40 feet wide. The area portion of West 18th Street is 80 feet by 40 feet. The total vacation area is 13,200 square feet. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 18, 2020. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation conforms to the General Plan and forward the recommendation to the City Council. The Planning Commission made a finding of General Plan Conformance on October 19, 2020. The Commission also recommended approval of the associated Coastal Development Permit at the same hearing. Site Characteristics The segment of street proposed to be vacated is considered a "paper street", which is generally undeveloped land, but shown as street right-of-way on an Assessor's Parcel Map. The subject portion of street bifurcates two vacant and undeveloped properties owned by the BNSF Railway Company. The railroad right-of-way itself is located further to the west. Proposal The applicant is requesting the vacation of a portion of Harrison Avenue (north to south), that is 250 feet long by 40 feet wide, and a portion of West 18th Street, which is 80 feet wide by 40 feet long. The total area proposed to be vacated is 13,200 square feet in size. If vacated, Harrison Avenue in this location would revert to the underlying ownership of BNSF, along with the southerly 40 feet of the West 18th Street segment. The northerly 40 feet of West 18th Street would revert to the property owner to the north (Sidek International Inc.), although this area would likely be covered under an existing access easement for the benefit of BNSF. No development is proposed. The area would remain in its current ATTACHMENT 1 231 of 324 condition and be controlled with regard to access. There have been security issues related to unauthorized activities occurring on the properties (dumping, RV parking, etc.), which have created code enforcement issues. The area has generally been used for interim storage of railroad construction/maintenance materials, which is a permitted use for the area. Analysis The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. The "paper street" is not used for any form of motorized or non -motorized access. In addition, there is no connection for Harrison Avenue north or south of the segment and West 18th Street is a dead-end in this location. No property access is gained from the area to be vacated. There are two public utilities that have facilities in or adjacent to the area proposed to be vacated (SDG&E and AT&T). In addition, there is public drainage pipe that is located in the current Harrison Avenue right-of-way at the terminus with West 19th Street. However, there is no City maintenance easement. After vacation the pipe would be on private property; therefore, future maintenance would be the responsibility of the property owner. As such, conditions have been included that will: 1. Reserve an easement for SDG&E for access and maintenance to their existing facilities. 2. Reserve an easement for AT&T for access and maintenance to their existing facilities. 3. Reserve a general utility easement for any other potential utilities existing in the area to be vacated. 4. Transfer maintenance responsibility of the drainage pipe to BNSF. These reservations and responsibilities will be in place before the order to vacate and would thus be guaranteed once the street right-of-way is vacated. General Plan Conformance The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. Vacating the street in this location would resolve an ongoing code enforcement issue and create a more comprehensive area for potential future development. While not proposed at this time, future development would be consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: 2 232 of 324 • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. This is important because the City has no additional zoned areas for future industrial development. Vacant parcels, underutilized parcels, and existing vacant buildings are the most logical locations to direct future development. Planning Commission hearing Planning Commission held a hearing on October 19, 2020 and determined that the Street Vacation was in conformance with the National City General Plan (Circulation Element). Summary The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would resolve an ongoing code enforcement issue and provide opportunities for future industrial development. Options 1. Approve 2020-09 SC based on attached findings or other findings as determined by the City Council, subject to the attached conditions and authorize vacation of the subject portion of Harrison Avenue; or 2. Deny 2020-09 SC based on findings as determined by the City Council; or, 3 . Continue the item for additional information. 3 233 of 324 RECOMMENDED FINDINGS FOR APPROVAL 2020-09 SC — Harrison Avenue vacation north of West 19th Street 1. That the street vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of right-of-way to be vacated does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. 2. That this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan. ATTACHMENT 2 4 234 of 324 RECOMMENDED CONDITIONS OF APPROVAL 2020-09 SC — Harrison Avenue vacation north of West 19th Street General 1. This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 18th Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Street Closure shall not become effective without approval of Coastal Development Permit 2020-09 CDP. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 5. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. The City shall reserve easement and right-of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway are being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020 — Weeds growing or located upon public streets, sidewalks, or private property to be a public nuisance pursuant to National City Municipal Code. Approval for final sign -off shall A i I ACHIVMENT 3 5 235 of 324 be contingent upon final field inspection and compliance with all applicable codes and ordinances. BNSF shall call the National City Fire Department to arrange for inspection. 8. Upon the vacation of Harrison Avenue, the applicant shall be responsible for the open storm drain pipe that is located at the southern terminus of Harrison Avenue north of West 19th Street. 9. The Harrison Avenue and West 18th reversionary interest shall remain encumbered under the railroad easement granted to BNSF under County of San Diego document number 84-362819, dated 9/25/1984. 6 236 of 324 2020-09 SC — Harrison Ave. vacation north of W. 19th Street — Overhead ATTACHMENT 4 7 .tYi ? lam► Railroad Easement to BNSF 9/25/1984 #84-362819 Secure Site K Rail/Fence 237 of 324 2020-09 SC —Harrison Ave. between West 18th and 19th Streets / and westerly 40 feet of West 18th Street north of Harrison Avenue. Harrison Ave. looking south from W. 18th Street W. 18th Street looking north from Harrison Street ATTACHMENT 5 238 of 324 Harrison Avenue looking south ITIffenagh Harrison Avenue looking north from W. 19th Street 9 239 of 324 �\,. �~.. CALIFORNIA ZNCORPORATP.n -- 1 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn.: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project Title: 2020-09 SC, CDP Project Location: Harrison Avenue between W. 18th and 19th Streets, and the westerly 40 feet of W. 18th Street north of Harrison Avenue, National City, CA 91950 in the Coastal Zone. Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of 250 feet by 40 feet of Harrison Avenue north of West 19th Street and 80 feet by 40 feet of West 18th Street immediately abutting Harrison Avenue to the north. Applicant: Charles Keltner 2650 Lou Menk Drive MOB2-392, Fort Worth, TX 76131-2828 Telephone Number: (817) 352-6464 Exempt Status: Categorical Exemption. Class 35, Section 15305 (Minor Alterations in Land Use Limitations) Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is an undeveloped street right-of-way that is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. The property is less than five acres in size and is surrounded by urban development. Date: MARTIN REEDER, AICP - Principal Planner ATTACHMENT 6 10 240 of 324 RESOLUTION NO. 2020-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, FINDING THE VACATION OF A PORTION OF HARRISON AVENUE BETWEEN WEST 18TH AND 19TH STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE FOR CONFORMANCE WITH THE GENERAL PLAN. APPLICANT: CHARLES KELTNER FOR BURLINGTON NORTHERN AND SANTA FE (BNSF) RAILWAY COMPANY CASE FILE NO. 2020-09 SC WHEREAS, the Planning Commission of the City of National City considered the vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue for conformance with the General Plan at a hearing held on October 19, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said hearing the Planning Commission considered the staff report contained in Case File No. 2020-09 SC maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 19, 2020, support the following findings: 1. That the street vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of right-of-way to be vacated does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. 2. That this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan. ATTACHMENT 7 11 241 of 324 BE IT FURTHER RESOLVED that the application for Street Vacation, if approved, is subject to the following conditions: 'i . This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 18th Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Street Closure shall not become effective without approval of Coastal Development Permit 2020-09 CDP. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 5. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. The City shall reserve easement and right-of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway are being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020 — Weeds growing or located upon public streets, sidewalks, or private property to be a public nuisance pursuant to National City Municipal Code. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes 12 242 of 324 and ordinances. BNSF shall call the National City Fire Department to arrange for inspection. 8. Upon the vacation of Harrison Avenue, the applicant shall be responsible for the open storm drain pipe that is located at the southern terminus of Harrison Avenue north of West 19th Street. 9. The Harrison Avenue and West 18th reversionary interest shall remain encumbered under the railroad easement granted to BNSF under County of San Diego document number 84-362819, dated 9/25/1984. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the Planning Commission finds the proposed Street Vacation in conformance with the National City General Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 19, 2020 by the following vote: AYES: Flores, Dela Paz, Yamane, Sendt, Natividad, Sanchez NAYS: None. ABSENT: Garcia ABSTAIN: None. q)-,,L-di, CHAIRPERSON 13 243 of 324 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 17, 2020, via LIVE WEBCAST from the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: STREET VACATION AND COASTAL DEVELOPMENT PERMIT FOR THE VACATION OF HARRISON AVENUE BETWEEN WEST 18TH AND 19TH STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE IN THE COASTAL ZONE. The Planning Commission recommended approval of the Coastal Development Permit and found the street vacation in conformance with the National City General Plan at their meeting of October 19, 2020 by unanimous vote with one member absent. Due to the precautions taken to combat the spread of coronavirus (COVID- 19), the City Council Chambers, are closed to the public. Anyone interested in this Public Hearing may view the City Council Meeting on the City's webpage at https:JJwww.nationa lcityca.govlwebcast The City Council will accept public comments regarding this matter via e- mail sent to clerk( nationalcityca.gov. Written comments from the public (limited to a maximum of three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice via e-mail, or through written correspondence delivered to the undersigned prior to the Public Hearing. November 2, 2020 ATTACHMENT 8 Michael R. Oalla, CMC City Clerk 14 244 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: (1) approving an Affordable Housing Density Bonus Agreement with National City Pacific Associates, a California Limited Partnership, restricting the rent and occupancy of twenty six (26) units to low income households in exchange for two density bonus concessions pursuant to California Government Code Sections 65915 — 65918 for the development of 131 housing units located at 1105 National City Blvd. in National City; and (2) approving a Subordination and Intercreditor Agreement with Citibank, N.A, Wilmington Trust, and Riverside Charitable Corporation subordinating said Affordable Housing Density Bonus Agreement. (Housing) Please scroll down to view the backup material. 245 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City (1) approving an Affordable Housing Density Bonus Agreement with National City Pacific Associates, a California Limited Partnership, restricting the rent and occupancy of twenty six (26) units to low income households in exchange for two density bonus concessions pursuant to California Government Code Sections 65915 — 65918 for the development of 131 housing units located at 1105 National City Blvd. in National City; and (2) approving a Subordination and Intercreditor Agreement with Citibank, N.A, Wilmington Trust, and Riverside Charitable Corporation subordinating said Affordable Housing Density Bonus Agreement. PREPARED BY: Authority Greg Rose, Property Agent r1FP �RTMFIJi Y PHONE: 619-336-4266 EXPLANATION: National City Pacific Associates, a California Limited Partnership (Developer) wants to develop their property located at 1105 National City Blvd. Current zoning allows for the construction of 131 units by right. The Developer will restrict the rent and occupancy of twenty six (26) units to a low income household (below 60% of area median income) in exchange for a reduction in parking from 179 spaces to 88 spaces and to redesign the balconies to fall within the current building footprint, mandated by California Government Code Sections 65915 — 65918. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize the Developer's obligation to provide the twenty six (26) affordable units and the restriction of the affordable units by the recordation of this agreement assuring affordability for a total of fifty-five (55) years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. The Subordination Agreement establishes the City of National City as a Junior Lienholder. See Background Report for information on the Density Bonus Law. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Subordination Agreement 5. Resolution 246 of 324 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. Background Report Page 1 of 2 247 of 324 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 1105 National City Blvd. start on the following page. Background Report Page 2 of 2 248 of 324 Attachment No. • LI SITE PLAN RPM N 213.1'02- E 115.50:. — -— cAN DINMMIER APPLICANT PLAN PREPARED BY .DALL_ cORRITENEDADPOOTAAES 7174::1 iun PE • c Po / Ps/ 1,1 . • {.1.1.1.1. 11,11 ”1.1.1 vt. 1.111102MWM (.;,.,,1,7Z.1.1.Z;,,,,,:glA SIM I • LEVEL R - RESIDENTIAL LEVEL E • RESIDENTIAL LEVEL 4 - RESIDENTIAL LEVEL - RESIDENTIAL LEVEL 2 •AESIDENTIAL LEVEL 1 - PARKING SCHEMATIC BUILDING SECTION r\••• .‘; • .01:i% \,,r2 • 1' .ziasAt, VICINITY MAP PROJECT LOCATION .rP CO 0 ,7r 0 (2C _j ›— < CID 0 0 F- LU < A 1 . ENTITLEMENT APPLICATION Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority ] ] WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 ] AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1105 National City Boulevard, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the day of , 2020, by and between the City of National City ("City"), and National City Pacific Associates, a California Limited Partnership ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1105 National City Boulevard, in the City of National City, County of San Diego, California, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, Developer has applied to the City for a density bonus pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, provided, however, the Developer has independently and of its own free will chosen not to increase the density of the Development to be built at the Property. Rather, the Developer is electing to only take the two (2) deviations, incentives and concessions (as defined in Government Code Section 65915 and Sections 18.48.040 of the National City Municipal Code) in exchange for providing the Affordable Units, as defined below; and WHEREAS, Developer proposes to develop a total of 131 housing units on the Property ("Development") and restrict the rent and occupancy of twenty-six (26) of those residential dwelling units ("Affordable Units") to low-income households in exchange for the two (2) deviations, incentives and concessions; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the twenty-six (26) Affordable Units, the time frame for the construction and occupancy of the Affordable Units and the restriction of the Affordable Units by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1 250 of 324 Attachment No. 2 1. Incentives. Developer acknowledges and agrees that, the Development is entitled to and is receiving two (2) incentives and concessions pursuant to and in accordance with Government Code 65915. Developer petitioned for and was granted the following concessions and waivers for the Project: 1.1 The parking requirement shall be reduced from 179 parking spaces to 79 parking spaces. 1.2 The balconies shall fall within the current building footprint. The redesigned balconies will no longer extend pass the facade of the building and will be in -line with the exterior elevations. 2. Developer Covenants. Pursuant to and in consideration of the incentives and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement five (5) two -bedroom, fifteen (15) three -bedroom and six (6) four -bedroom residential dwelling units on the Property shall be rented and occupied as Affordable Units as set forth in this Agreement. As used herein the term "Affordable Unit" shall refer to the twenty-six (26) residential dwelling units on the Property which are held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, each Affordable Unit shall be occupied by a household whose income does not exceed the low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below sixty percent (60%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for each Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority or the California Utility Allowance Calculator utility allowances as calculated by and at the expense of Developer) shall not exceed 1/12 of thirty percent (30%) of sixty percent (60%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for each Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the one (1) one - bedroom unit shall be calculated using sixty percent (60%) of the Area Median Income for a two - person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Units: 2 251 of 324 Attachment No. 2 (a) No Relationship With Developer. No Affordable Unit shall be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) Full -Time Students. No Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full-time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds or college savings plans which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no 3 252 of 324 Attachment No. 2 event exceed a period of six (6) months, at which time Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. Provided, however, and notwithstanding anything to the contrary set forth in this Agreement, when a tenant occupies a unit subject to a regulatory agreement ("TCAC Regulatory Agreement") by and between the Developer and the California Tax Credit Allocation Committee pursuant to Section 42 of the Internal Revenue Code, such tenant shall be evicted as a result of such tenant being over income only as and when allowed by such TCAC Regulatory Agreement or by California State or Federal law, including 26 U.S.C. §42. 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. No Affordable Unit shall be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Units are being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 4 253 of 324 Attachment No. 2 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the Affordable Units and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Units and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorities. Any deficiencies in the physical condition of the Affordable Units shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule. The Affordable Units shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Units. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the gross negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this 5 254 of 324 Attachment No. 2 Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following thirty (30) days' written notice to Developer from the City (or up to ninety (90) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days written notice to Developer from the City (or up to ninety (90) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Units, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Units at issue (ii) the rents actually collected by Developer for the Affordable Units at issue for the months in question, as reasonably determined by the City. 6 255 of 324 Attachment No. 2 Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Units, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Units, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for a "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Units, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out-of-pocket expenses reasonably incurred in recovering such liquidated amount. 7 256 of 324 Attachment No. 2 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee in the amount of $201 per each of the twenty-six (26) Affordable Units per year, increasing 3% per year. Failure to timely pay such fees shall constitute a material default under this Agreement. 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (fj Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 8 257 of 324 Attachment No. 2 If to Developer: National City Pacific Associates 430 E. State Street, Suite 100 Eagle, ID 83616 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the incentives granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Cancelation. This Agreement shall be terminated if at any time prior to construction of the Project, Developer elects not go forward with construction of the Project or not avail itself of the incentives granted by the City and the Project's building permit is either not issued, is terminated or is amended to remove the incentives granted by the City. Upon receipt of Developer's written notice of cancelation with sufficient backup to verify the foregoing conditions have been satisfied, the City and Developer shall terminate this Agreement and shall cause such termination to be recorded in the Office of the County Recorder of the County of San Diego. 18. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. 9 258 of 324 Attachment No. 2 CITY: CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Angil P Morris -Jones City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 10 259 of 324 Attachment No. 2 DEVELOPER: National City Pacific Associates, a California Limited Partnership By: Print Name: Its: 11 260 of 324 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2020, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12 261 of 324 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2020, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 13 262 of 324 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: LOT 2 OF CENTRO/REVOLUTION 2, CASE FILE NO. S-2006-5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN ON MAP NO. 15807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 30, 2010 AS FILE NO. 2010-0729372 OF OFFICIAL RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 1 OF F. A. KIMBALL'S SUBDIVISION OF THE WEST HALF OF 10 ACRE LOT 4 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20,1889. TOGETHER WITH THAT PORTION OF THE SOUTHERLY 10 FEET OF 11TH STREET AS VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF NATIONAL CITY, DATED NOVEMBER 21, 1911, ADJOINING SAID LOT 1 ON THE NORTH, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED SEPTEMBER 13, 1939 IN BOOK 936, PAGE 311 OF OFFICIAL RECORDS. ALSO TOGETHER WITH THAT PORTION OF THE ALLEY AS VACATED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DATED JANUARY 15, 2013, ADJOINING SAID PROPERTIES ON THE SOUTHWEST OF LOT 2, MAP 15807 WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED FEBRUARY 13, 2013 AS INSTRUMENT NO. 2013-0098259 OF OFFICIAL RECORDS. EXCEPT FROM A PORTION OF SAID LOT 2 OF MAP 15807 ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE, AS EXCEPTED AND RESERVED IN THE DEED FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC, 14 263 of 324 Attachment No. 2 RECORDED OCTOBER 26, 2005 AS INSTRUMENT NO. 2005-0930606 OF OFFICIAL RECORDS. EXCEPTING FROM SAID LOTS 1 THROUGH 3, INCLUSIVE, IN BLOCK 1 OF SAID F.A. KIMBALL'S SUBDIVISION, ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM AND ALL KINDRED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAID LAND, AS EXCEPTED AND RESERVED IN DEED FROM ORRIE D. KELLY AND MARY LENA KELLEY, HUSBAND AND WIFE, DATED JUNE 22, 1555 AND RECORDED JULY 6, 1955 IN BOOK 5704, PAGE 425 OF OFFICIAL RECORDS. THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO THAT NOTICE OF MERGER RECORDED MARCH 10, 2017 AS INSTRUMENT NO. 2017-110878 OF OFFICIAL RECORDS. APN: 556-554-26; 556-554-20 AND 556-554-25 15 264 of 324 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Community Development Commission When Recorded Mail To: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 DEED OF TRUST (1105 National City Boulevard, National City) THIS DEED OF TRUST is dated as of the day of , 2020, between National City Pacific Associates, a California Limited Partnership ("Trustor"), whose address is 430 E. State Street, Suite 100, Eagle, Idaho 83616, First America Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any 1 265 of 324 Attachment No. 3 such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 266 of 324 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 267 of 324 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 268 of 324 Attachment No. 3 17. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U. S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et seq.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 5 269 of 324 Attachment No. 3 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its 6 270 of 324 Attachment No. 3 security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. TRUSTOR: National City Pacific Associates, a California Limited Partnership By: Print Name: Its: 7 271 of 324 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2020, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 8 272 of 324 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: LOT 2 OF CENTRO/REVOLUTION 2, CASE FILE NO. S-2006-5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN ON MAP NO. 15807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 30, 2010 AS FILE NO. 2010-0729372 OF OFFICIAL RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 1 OF F. A. KIMBALL'S SUBDIVISION OF THE WEST HALF OF 10 ACRE LOT 4 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20,1889. TOGETHER WITH THAT PORTION OF THE SOUTHERLY 10 FEET OF 11TH STREET AS VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF NATIONAL CITY, DATED NOVEMBER 21, 1911, ADJOINING SAID LOT 1 ON THE NORTH, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED SEPTEMBER 13, 1939 IN BOOK 936, PAGE 311 OF OFFICIAL RECORDS. ALSO TOGETHER WITH THAT PORTION OF THE ALLEY AS VACATED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DATED JANUARY 15, 2013, ADJOINING SAID PROPERTIES ON THE SOUTHWEST OF LOT 2, MAP 15807 WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED FEBRUARY 13, 2013 AS INSTRUMENT NO. 2013-0098259 OF OFFICIAL RECORDS. EXCEPT FROM A PORTION OF SAID LOT 2 OF MAP 15807 ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE, AS EXCEPTED AND RESERVED IN THE DEED FROM THE 9 273 of 324 Attachment No. 3 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC, RECORDED OCTOBER 26, 2005 AS INSTRUMENT NO. 2005-0930606 OF OFFICIAL RECORDS. EXCEPTING FROM SAID LOTS 1 THROUGH 3, INCLUSIVE, IN BLOCK 1 OF SAID F.A. K MBALL'S SUBDIVISION, ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM AND ALL KINDRED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAID LAND, AS EXCEPTED AND RESERVED IN DEED FROM ORRIE D. KELLY AND MARY LENA KELLEY, HUSBAND AND WIFE, DATED JUNE 22, 1555 AND RECORDED JULY 6, 1955 IN BOOK 5704, PAGE 425 OF OFFICIAL RECORDS. THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO THAT NOTICE OF MERGER RECORDED MARCH 10, 2017 AS INSTRUMENT NO. 2017-110878 OF OFFICIAL RECORDS. APN: 556-554-26; 556-554-20 AND 556-554-25 10 274 of 324 Attachment No. 4 WHEN RECORDED MAIL TO: Citibank, N.A. Transaction and Asset Management Group/Post Closing 388 Greenwich Street, Trading 6th Floor New York, New York 10013 Attention: Tanya Jimenez Re: Courtyards at Kimball Deal ID No. 60000214 SUBORDINATION AND INTERCREDITOR AGREEMENT Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 275 of 324 Attachment No. 4 SUBORDINATION AND INTERCREDITOR AGREEMENT (1105 National City Boulevard, National City) THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this "Agreement") is dated for reference purposes only as of the day of , 2020, by and between the CITY OF NATIONAL CITY ("Junior Lienholder"), CITIBANK, N.A., a national banking association ("Citi"), WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association ("Wilmington") and RIVERSIDE CHARITABLE CORPORATION, a California non-profit public benefit corporation ("RCC" and, collectively with Citi and Wilmington, "Senior Lenders"), and acknowledged by NATIONAL CITY PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership ("Borrower"). RECITALS: A. Borrower has acquired the Senior Loans for the acquisition, construction, development, equipping and/or operation of a 131-unit multifamily residential project located in the City of National City, San Diego County, California, known or to be known as Courtyards at Kimball (the "Property"). B. The Senior Loans are evidenced by the following security instruments (collectively, the "Senior Deeds of Trust"): 1. Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing executed by Borrower for the benefit of California Housing Finance Agency, a public instrumentality and political subdivision of the State of California ("Issuer"), dated as of May 1, 2020 and recorded as Instrument No. 2020-0224109 in the Office of the Recorder of the County of San Diego, State of California (the "Official Records") on May 4, 2020, and assigned to Citi pursuant to that certain Assignment of Deed of Trust and Loan Documents dated as of May 1, 2020 given by Issuer to Citi and recorded as Instrument No. 2020-0224110 in the Official Records on May 4, 2020; 2. Subordinate Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing executed by Borrower for the benefit of Citi, dated as of May 1, 2020 and recorded as Instrument No. 2020-0224111 in the Recorder's Office on May 4, 2020; 3. Junior Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing made by Borrower for the benefit of Issuer, dated as of May 1, 2020 and recorded as Instrument No. 2020-0224112 in the Recorder's Office on May 4, 2020, and assigned to Wilmington pursuant to that certain Assignment of Junior Deed of Trust and Other Documents dated as of May 1, 2020 given by Issuer to Wilmington and recorded as Instrument No. 2020-0224113 in the Official Records on May 4, 2020; Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 276 of 324 Attachment No. 4 4. Junior Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing made by the Borrower for the benefit of Issuer, dated as of May 1, 2020 and recorded as Instrument No. 2020-0224111 in the Recorder's Office on May 4, 2020, and assigned to Wilmington pursuant to that certain Assignment of Junior Deed of Trust and Other Documents dated as of May 1, 2020 given by Issuer to Wilmington and recorded as Instrument No. 2020-0224115 in the Official Records on May 4, 2020; and 5. Deed of Trust, Assignment of Leases and Rents and Financing Agreement, made by Borrower for the benefit of RCC, dated as of May 1, 2020 and recorded as Instrument No. 2020-0224116 in the Recorder's Office on May 4, 2020. C. In connection with the Senior Loans, Borrower, Wilmington and Issuer executed that certain Regulatory Agreement and Declaration of Restrictive Covenants ("CMFA Regulatory Agreement") dated as of May 1, 2020 and recorded as Instrument No. 2020-0224108 in the Recorder's Office on May 4, 2020. D. The Borrower and Citi have entered into that certain Construction Funding Agreement dated as of May 1, 2020 (the "Construction Funding Agreement") regarding the manner in which the improvements at the Property will be completed and paid for. E. Borrower has executed that certain Affordable Housing Density Bonus Agreement (1105 National City Boulevard, National City) dated as of [ ], 2020 (the "Density Bonus Agreement"), in favor of the Junior Lienholder and (ii) that certain Deed of Trust dated as of [ ] (the "City Deed of Trust"), in favor of Junior Lienholder and securing the performance of Borrower's obligations under the Density Bonus Agreement, which Density Bonus Agreement and CITY Deed of Trust shall be recorded substantially concurrently herewith in the Official Records. F. It is an intention of the parties hereto that the lien priority of certain of the items to be recorded in connection with the transaction contemplated herein as follows: 1. Density Bonus Agreement 2. CMFA Regulatory Agreement 3. Senior Deeds of Trust 4. Any UCC financing statements recorded in connection with the Senior Deeds of Trust 5. City Deed of Trust G. As a condition to the making of the Senior Loans, Senior Lenders requires that Junior Lienholder execute and deliver this Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loans and to induce Senior Lenders to consent to the Density Bonus Agreement and the City Deed of Trust, Junior Lienholder hereby agrees as follows: Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 277 of 324 Attachment No. 4 1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Deeds of Trust. As used in this Agreement, the terms set forth below shall have the respective meanings indicated: "Bankruptcy Proceeding" means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. "Casualty" means the occurrence of damage to or loss of any of the Property by fire or other casualty. "Condemnation" means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. "Enforcement Action" means the advertising of or commencement of any foreclosure or trustee's sale proceedings, the exercise of any power of sale, the acceptance of a deed or assignment in lieu of foreclosure or sale, the collecting of Rents, the obtaining of or seeking of the appointment of a receiver, the seeking of default interest, the taking of possession or control of any of the Property, the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the City Deed of Trust, the exercising of any banker's lien or rights of set- off or recoupment, or the taking of any other enforcement action against Borrower. "Enforcement Action Notice" means a written notice from Junior Lienholder to Senior Lenders, given following default under the Density Bonus Agreement and the expiration of any notice or cure periods provided for such default in the Density Bonus Agreement, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lienholder. "Loss Proceeds" means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty. "Property" means (i) the land and improvements known or to be known as Courtyards at Kimball, located in National City, San Diego County, State of California, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, deposits and rights and interests of Borrower encumbered by the Senior Deeds of Trust and/or the other Senior Loan Documents. "Senior Indebtedness" means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. "Senior Loan Documents" means, collectively, the Senior Deeds of Trust, the Construction Funding Agreement, and all of the other documents, instruments and agreements now or hereafter evidencing, securing or otherwise executed in connection with the Senior Loans, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented in accordance with the provisions of this Agreement. Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 278 of 324 Attachment No. 4 "Senior Loans Default" means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an "Event of Default" as defined in the Senior Deeds of Trust. 2. City Deed of Trust is Subordinate; Acts by Senior Lenders do not Affect Subordination. (a) Junior Lienholder hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the City Deed of Trust is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the CMFA Regulatory Agreement and to the prior payment in full of the Senior Indebtedness, and that the liens, rights, priority interests and security interests granted to Junior Lienholder in connection with the City Deed of Trust are, and are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights, payment, priority and security interests granted to Senior Lenders under the Senior Loans and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof. (b) The subordination of the City Deed of Trust shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Deeds of Trust and other Senior Loan Documents and of the City Deed of Trust, and (ii) the availability of any collateral to Senior Lenders, including the availability of any collateral other than the Property. (c) If Junior Lienholder, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lenders of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the City Deed of Trust is subordinate pursuant to this Agreement. (d) Junior Lienholder hereby acknowledges and agrees that Senior Lenders may, without the consent or approval of Junior Lienholder, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan Documents and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Documents (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lienholder's obligations and agreements hereunder. 3. Junior Lienholder Agreements. (a) Without the prior written consent of Senior Lenders in each instance, Junior Lienholder shall not pledge, assign, transfer, convey, or sell any interest in the City Deed of Trust. Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 279 of 324 Attachment No. 4 (b) Junior Lienholder hereby agrees that Senior Lenders shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lienholder shall have no right to object to any such action or approval taken by Senior Lenders and shall consent thereto and be bound thereby. (c) Junior Lienholder agrees that in any action commenced after timely completion of construction of the Project to enforce the obligation of Borrower to perform any portion of the City Deed of Trust, the judgment shall not be enforceable personally against Borrower or Borrower's assets, and the recourse of Junior Lienholder for the performance under the City Deed of Trust shall be limited to actions against the Property and the rents, profits, issues, products, and income from the Property. (d) Junior Lienholder shall not commence or join with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lienholder shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are consolidated, then in either event, the Senior Loans shall first be paid in full before Junior Lienholder shall be entitled to receive and retain any payment or distribution in respect to the City Deed of Trust. Junior Lienholder agrees that (i) Senior Lenders shall receive all payments and distributions of every kind or character in respect of the City Deed of Trust to which Junior Lienholder would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation, any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the City Deed of Trust shall not be affected in any way by Senior Lenders electing, under Section 1111(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition, Junior Lienholder hereby covenants and agrees that, in connection with a Bankruptcy Proceeding involving Borrower, neither Junior Lienholder nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lenders pursuant to the Senior Loan Documents, and (ii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. (e) Junior Lienholder covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lenders hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loans, by any delay, forbearance, failure, neglect or refusal of Senior Lenders in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loans, by any waiver or failure to exercise any right or remedy Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 280 of 324 Attachment No. 4 under the Senior Loan Documents, or by any other act or failure to act by Senior Lenders. Junior Lienholder acknowledges that Senior Lenders, at its sole option, may release all or any portion of the Property from the lien of the Senior Deeds of Trust, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lenders, and Junior Lienholder hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Property by Senior Lenders, to require the separate sales of any portion of the Property or to require Senior Lenders to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loans. Senior Lenders may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lienholder. At any time or from time to time and any number of times, without notice to Junior Lienholder and without affecting the liability of Junior Lienholder, (a) the time for payment of the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower's performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into, may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Documents may be modified or amended by Senior Lenders and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loans Default, Senior Lenders acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the City Deed of Trust automatically shall terminate with respect to such Property upon any acquisition of title. (f) Junior Lienholder hereby represents and warrants that: (i) Junior Lienholder is now the owner and holder of the City Deed of Trust; (ii) the City Deed of Trust is now in full force and effect; (iii) the City Deed of Trust has not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the City Deed of Trust has occurred. Borrower further represents and warrants that it has provided to Senior Lenders a true, complete, and correct copy of the City Deed of Trust. 4. Standstill Agreement; Right to Cure Senior Loans Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Deeds of Trust has been released and discharged, Junior Lienholder shall not without the prior written consent of Senior Lenders, which may be withheld in Senior Lenders' sole and absolute discretion, (i) exercise any of Junior Lienholder's remedies under the City Deed of Trust (including, without limitation, the commencement of any judicial or non judicial action of proceeding (a) to enforce any obligation of Borrower under any of the City Deed of Trust, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 281 of 324 Attachment No. 4 foreclose the lien(s) created by the City Deed of Trust) or (ii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower without giving at least 90 days' notice of a default under the City Deed of Trust and Junior Lienholder's intent to exercise one of the preceding actions; provided, however, that such limitation on the remedies of Junior Lienholder shall not derogate or otherwise limit Junior Lienholder's rights, following an event of default under the City Deed of Trust to seek specific performance of any provisions of the Density Bonus Agreement. (b) Senior Lenders shall, simultaneously with the sending of any notice of a Senior Loans Default to Borrower, send to Junior Lienholder a copy of said notice under the Senior Loan Documents; provided, however, failure to do so shall not affect the validity of such notice or any obligation of Borrower to Senior Lenders and shall not affect the relative priorities between the Senior Loans and the Junior Lienholder's interest as set forth herein. Borrower covenants and agrees to forward to Junior Lienholder, within three (3) business days of Borrower's receipt thereof, a copy of any notice of a Senior Loans Default Borrower receives from Senior Lenders. (c) Junior Lienholder shall have the right, but shall have no obligation, to cure any Senior Loans Default; provided, if Junior Lienholder shall elect to cure any such Default, it shall so notify Senior Lenders and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loans Default. Senior Lenders shall accept all payments and all acts done by the Junior Lienholder on behalf of Borrower as though the same had been timely done and performed by Borrower, and if such acts and payments shall totally cure and correct all such defaults, breaches, failures or refusals such cure shall have the effect of de -accelerating the Senior Loans. Junior Lienholder shall not be subrogated to the rights of Senior Lenders under the Senior Loan Documents by reason of Junior Lienholder having cured any Senior Loans Default. However, Senior Lenders acknowledges that amounts advanced or expended by Junior Lender to cure a Senior Loans Default may become junior indebtedness. In the event that any Senior Loans Default occurs, then for the period from the date of recordation of the notice of default, until the date of recordation of a notice of sale, so long as the noticed default continues, the Junior Lienholder shall have the right, but not the obligation, in lieu of curing any default under the Senior Loan Documents, to purchase the Senior Loans. Such purchase will be accomplished by Junior Lienholder paying to Senior Lenders the outstanding principal amount of the Senior Loans, plus any prepayment premiums and all accrued and unpaid interest thereon, together with expenses incurred by Senior Lenders in connection therewith (including attorneys' fees and costs), in exchange for the assignments of the Senior Loan Documents without recourse or warranty except that Senior Lenders will warrant that it owns and has all requisite authority to transfer the Senior Loans at the time of the transfer. Borrower acknowledges and agrees that after the Senior Loans has been assigned to the Junior Lienholder or its nominee, the Senior Lenders shall be relieved from all liability to Borrower under or in connection with the Senior Loan Documents. (d) Junior Lienholder acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the City Deed of Trust (including a Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 282 of 324 Attachment No. 4 conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the City Deed of Trust), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lienholder) who acquires title to the Property pursuant to the foreclosure proceeding shall not be deemed to be automatically approved by Senior Lenders. 5. Insurance. Junior Lienholder agrees that all original policies of insurance required pursuant to the Senior Deeds of Trust shall be held by Senior Lenders. The preceding sentence shall not preclude Junior Lienholder from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Deeds of Trust, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property. 6. Default. Junior Lienholder and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lenders, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. 7. Enforcement Costs. Borrower and Junior Lienholder agree to reimburse Senior Lenders for any and all costs and expenses (including reasonable attorneys' fees) incurred by Senior Lenders in connection with enforcing its rights against Junior Lienholder under this Agreement. 8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail, return receipts requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows: If to Junior Lienholder: If to Borrower: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 National City Pacific Associates 430 E. State Street, Suite 100 Eagle, ID 83616 Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 283 of 324 Attachment No. 4 If to Senior Lenders: With a copy to: With a copy to: With a copy to: Prior to the Conversion Date, with a copy to: After to the Conversion Date, with a copy to: And a copy of any notices of default sent to: Wilmington Trust, National Association 650 Town Center Drive, Suite 600 Costa Mesa, CA 92626-7121 Attention: Corporate Trust Service Facsimile: (714) 384-4151 Riverside Charitable Corporation 14131 Yorba Street Tustin, CA 92780 Attention: Kenneth S. Robertson Facsimile: (866) 426-3304 Citibank, N.A. 388 Greenwich Street, Trading 6th Floor New York, NY 10013 Attention: Transaction and Asset Management Group Re: Courtyards at Kimball Deal ID No. 60000214 Facsimile: (212) 723-8209 Citibank, N.A. 325 East Hillcrest Drive, Suite 160 Thousand Oaks, CA 91360 Attention: Operations Manager/Asset Manager Re: Courtyards at Kimball Deal ID No. 60000214 Facsimile: (805) 557-0924 Citibank, N.A. 388 Greenwich Street, Trading 6th Floor New York, NY 10013 Attention: Account Specialist Re: Courtyards at Kimball Deal ID No. 60000214 Facsimile: (212) 723-8209 Citibank, N.A. c/o Berkadia Commercial Servicing Department 323 Norristown Road, Suite 300 Ambler, PA 19002 Attention: Client Relations Manager Re: Courtyards at Kimball Deal ID No. 60000214 Facsimile: (215) 328-0305 Citibank, N.A. 388 Greenwich Street, Trading 6th Floor New York, NY 10013 Attention: General Counsel's Office Re: Courtyards at Kimball Deal ID No. 60000214 Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 284 of 324 Attachment No. 4 Facsimile: (646) 291-5754 or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for. 9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A) COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. IF FOR ANY REASON, THIS WAIVER IS DEEMED TO BE UNENFORCEABLE ALL SUCH DISPUTES SHALL BE RESOLVED BY JUDICIAL REFERENCE PURSUANT TO THE PROVISIONS OF SECTION 43(J) OF THE SENIOR DEEDS OF TRUST. 10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) fifty-five (55) years from the effective date pursuant to the Density Bonus Agreement (iii) the acquisition by Senior Lenders of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Senior Deeds of Trust; or (iv) the acquisition by Junior Lienholder of title to the Property pursuant to a foreclosure, but only if such acquisition of title does not violate any of the terms of this Agreement. 11. Miscellaneous. (a) Junior Lienholder shall give Senior Lenders a concurrent copy of each notice of a default under the City Deed of Trust. (b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lienholder and Senior Lenders. Senior Lenders may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lienholder. Junior Lienholder may only assign its rights and interests hereunder following the prior written consent of Senior Lenders, which consent may be withheld or conditioned in its sole and absolute discretion. (c) Senior Lenders hereby consents to the City Deed of Trust; provided, however, that this Agreement does not constitute an approval by Senior Lenders of the terms of the City Deed of Trust. Junior Lienholder hereby consents to the Senior Loans Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 285 of 324 Attachment No. 4 and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval by Junior Lienholder of the terms of the Senior Loan Documents. (d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement. (e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION, MATTERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. (f) Time is of the essence in the performance of every covenant and agreement contained in this Agreement. (g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision or remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability. (h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lenders and Junior Lienholder, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the City Deed of Trust respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lenders' rights or Junior Lienholder's rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lienholder's forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lenders and Junior Lienholder (and their respective successors, assigns and participants), and no other person (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in this Agreement is intended, or shall be construed to, relieve or discharge the Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 286 of 324 Attachment No. 4 obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the City Deed of Trust), (c) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to, or shall be construed to, give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lenders or Junior Lienholder. (j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lenders and Junior Lienholder shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (1) Nothing herein or in any of the Senior Loan Documents or City Deed of Trust shall be deemed to constitute Senior Lenders as a joint venturer or partner of Junior Lienholder. 12. Reserved. 13. Attached Exhibits. The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof: Exhibit A — Legal Description Exhibit B — Modifications to Subordination and Intercreditor Agreement The terms of this Agreement are modified and supplemented as set forth in said Exhibits. To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY BLANK] Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 287 of 324 Attachment No. 4 IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above. The undersigned intend that this instrument shall be deemed to be signed and delivered as a sealed instrument. JUNIOR LIENHOLDER: CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Angil P Morris -Jones City Attorney Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 S-1 288 of 324 Attachment No. 4 SENIOR LENDERS: WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association By: Name: Title: CITIBANK, N.A. By: Kathy Millhouse, Vice President Deal ID No. 60000214 RIVERSIDE CHARITABLE CORPORATION, a California nonprofit public benefit corporation By: Recinda K. Shafer, Deputy Executive Director Subordination and Intercreditor Agreement (City) S-2 Courtyards at Kimball — Citi Deal ID #60000214 289 of 324 Attachment No. 4 ISSUER: CALIFORNIA HOUSING FINANCE AGENCY By: Name: Title: Subordination and Intercreditor Agreement (City) S-3 Courtyards at Kimball — Citi Deal ID #60000214 290 of 324 Attachment No. 4 ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE: BORROWER: NATIONAL CITY PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: TPC HOLDINGS VII, LLC, an Idaho limited liability company Its: Administrative General Partner By: Name: Caleb Roope Its: Manager By: RIVERSIDE CHARITABLE CORPORATION, a California Nonprofit Public Benefit Corporation Its: Managing General Partner By: Name: Recinda K. Shafer Its: Deputy Executive Director Subordination and Intercreditor Agreement (City) S-4 Courtyards at Kimball — Citi Deal ID #60000214 291 of 324 Attachment No. 4 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 On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires: [Seal] Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 292 of 324 Attachment No. 4 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 On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires: [Seal] Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 293 of 324 Attachment No. 4 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 On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires: [Seal] Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 294 of 324 Attachment No. 4 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 On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public My Commission Expires: [Seal] Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 295 of 324 Attachment No. 4 EXHIBIT A LEGAL DESCRIPTION The Land referred to herein below is situated in the County of San Diego, State of California, and is described as follows: LOT 2 OF CENTRO/REVOLUTION 2, CASE FILE NO. S-2006-5, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN ON MAP NO. 15807, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 30, 2010 AS INSTRUMENT NO. 2010-0729372 OF OFFICIAL RECORDS. TOGETHER WITH LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 1 OF F. A. KIMBALL'S SUBDIVISION OF THE WEST HALF OF 10 ACRE LOT 4 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1889. TOGETHER WITH THAT PORTION OF THE SOUTHERLY 10 FEET OF 11TH STREET AS VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF NATIONAL CITY, DATED NOVEMBER 21, 1911, ADJOINING SAID LOT 1 ON THE NORTH, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED SEPTEMBER 13, 1939 IN BOOK 936, PAGE 311 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE ALLEY AS VACATED BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DATED JANUARY 15, 2013, ADJOINING SAID PROPERTIES ON THE SOUTHWEST OF LOT 2, MAP 15807 WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY. A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED FEBRUARY 13, 2013 AS INSTRUMENT NO. 2013-0098259 OF OFFICIAL RECORDS. SAID LAND IS SHOWN ON THAT CERTAIN NOTICE OF MERGER IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND RECORDED MARCH 10, 2017 AS INSTRUMENT NO. 2017-0110878 OF OFFICIAL RECORDS. TOGETHER WITH THE EAST 10 FEET OF THE ALLEY, VACATED BY THAT CERTAIN RESOLUTION TO VACATE NO. 2019-137, RECORDED JANUARY 7, 2020 AS INSTRUMENT NO. 2020-0006575 OF OFFICIAL RECORDS, WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. EXCEPT FROM A PORTION OF SAID LOT 2 OF MAP 15807 ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 296 of 324 Attachment No. 4 THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE, AS EXCEPTED AND RESERVED IN THE DEED FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC, RECORDED OCTOBER 26, 2005 AS INSTRUMENT NO. 2005-0930606 OF OFFICIAL RECORDS. EXCEPTING FROM SAID LOTS 1 THROUGH 3, INCLUSIVE, IN BLOCK 1 OF SAID F.A. KIMBALL'S SUBDIVISION, ALL CRUDE OIL, PETROLEUM, GAS, BREA, ASPHALTUM AND ALL KINDRED SUBSTANCES AND OTHER MINERALS UNDER AND IN SAID LAND, AS EXCEPTED AND RESERVED IN DEED FROM ORRIE D. KELLY AND MARY LENA KELLEY, HUSBAND AND WIFE, DATED JUNE 22, 1955 AND RECORDED JULY 6, 1955 IN BOOK 5704, PAGE 425 OF OFFICIAL RECORDS. Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 297 of 324 Attachment No. 4 EXHIBIT B MODIFICATIONS TO SUBORDINATION AND INTERCREDITOR AGREEMENT The following modifications are made to the text of the Agreement that precedes this Exhibit: None. Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement. Subordination and Intercreditor Agreement (City) Courtyards at Kimball — Citi Deal ID #60000214 298 of 324 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing an appropriation in the amount of $65,000 to the General Fund City Clerk - Elections Account from the General Fund fund balance for election costs associated with the November 3, 2020 General Municipal Election. (City Clerk) Please scroll down to view the backup material. 299 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing an appropriation in the amount of $65,000 to the General Fund City Clerk — Elections Account from the General Fund fund balance for election costs associated with the November 3, 2020 General Municipal Election. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City PHONE: 619-336-4226 APPROVED BY: EXPLANATION: The City has received advanced deposit invoice billing from the Registrar of Voters (ROV) totaling $96,000 for election costs associated with our November 3, 2020 General Municipal Election. The amount budgeted in the current budget is $35,000. A supplemental budget appropriation will be needed to cover the costs. Cities countywide have received larger than anticipated cost increases resulting from the "all mail ballot" and other changes attributed to COVID-19. Based on the current ROV estimate as well as past and current costs, a supplemental appropriation in the amount of $65,000 is requested at this time. FINANCIAL STATEMENT: APPROVED: ` 71 41 -e4;-Finance ACCOUNT NO. 001-402-021-212-0000 (City Clerk - Elections) APPROVED: MIS This appropriation requires the use of General Fund unassigned fund balance of $65,000. Approval of this appropriation will increase the fiscal -year-to-date approved use of General Fund unassigned fund balance from $6.720.091 to $6.785.091. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 300 of 324 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Coastal Development Permit for the proposed vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue in the Coastal Zone. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) (Planning) Please scroll down to view the backup material. 301 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Coastal Development Permit for the proposed vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue in the Coastal Zone. (Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company) PREPARED BY: Martin Reeder, AICP v I'1 DEPARTMENT: p PHONE: 619-336-4313 APPROVED BY: EXPLANATBON: The applicant has proposed to vacate Harrison Avenue between West 18th and 19th streets, including a small portion of West 18th Street north of Harrison Avenue. A Coastal Development Permit is required per the California Coastal Commission, as a street or alley vacation is considered to be "development" as defined in the Coastal Act. The Planning Commission conducted a public hearing on October 19, 2020 on the project. The Commissioners asked questions regarding existing utilities and easements in the area The Commission voted to approve the Coastal Development Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. *This project also requires a Street Vacation, the public hearing for which is on this same agenda* FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 35, Section 15305 (Minor Alterations in Land Use Limitations) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATBON: (Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION: ION: The Planning Commission approved the Coastal Development Permit. Vote: Ayes — Flores, Dela Paz, Yamane, Sendt, Natividad, Sanchez Absent — Garcia ATTACHMENTS: 11. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2020-08 302 Ot 3241 2020-09 SC — Harrison Ave. vacation north of W. 19th Street — Overhead ATTACHMENT 1 Railroad Easement to BNSF 9/25/1984 #84-362819 vow Secure Site K Rail/Fence 303 of 324 Title: CALIFORNIA NATIONAL Cnry tNCORPORATEI1 COMMUNITY DEVELOPMENT DEPARTMENT- PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 7 October 19, 2020 REVIEW OF THE PROPOSED VACATION OF A PORTION OF HARRISON AVENUE BETWEEN WEST 18TH AND 19TH STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE FOR CONFORMANCE WITH THE GENERAL PLAN. Case File No.: 2020-09 SC Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Charles Keltner for Burlington Northern and Santa Fe (BNSF) Railway Company Zoning designation: Medium Manufacturing — Coastal Zone (MM-CZ) Adjacent land use/zoning: North: Railroad right-of-way and heavy industrial use / MM-CZ East: Vacant lot & outside storage / MM-CZ South: Industrial across West 19th Street / MM-CZ West: Industrial use across railroad right-of-way / MM-CZ Environmental review: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The right-of-way vacation will not result in any changes in land use. Staff recommendation: Approve ATTACHMENT 2 2 304 of 324 Planning Commission Meeting of October 19, 2020 Page 2 BACKGROUND Staff Recommendation Staff recommends that the Planning Commission find the proposed street vacation in conformance with the General Plan and make a recommendation to the City Council that the alley be vacated. Executive Summary The applicant has proposed to vacate Harrison Avenue between West 18th and 19th streets, including a small portion of West 18th Street north of Harrison Avenue. These areas are paper streets (not improved). BNSF Railway Company owns the properties on either side of the street, both of which are vacant dirt areas. Due to security issues with unauthorized activities occurring on the properties, the applicant wishes to vacate the adjacent street in order to control access to the area. The portion of Harrison Avenue in question is 250 feet long by 40 feet wide. The area portion of West 18th Street is 80 feet by 40 feet. The total vacation area is 13,200 square feet. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 18, 2020. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation conforms to the General Plan and forward the recommendation to the City Council. Site Characteristics The segment of street proposed to be vacated is considered a "paper street", which is generally undeveloped land, but shown as street right-of-way on an Assessor's Parcel Map. The subject portion of street bifurcates two vacant and undeveloped properties owned by the BNSF Railway Company. The railroad right-of-way itself is located further to the west. Proposal The applicant is requesting the vacation of a portion of Harrison Avenue (north to south), that is 250 feet long by 40 feet wide, and a portion of West 18th Street, which is 80 feet wide by 40 feet long. The total area proposed to be vacated is 13,200 square feet in size. If vacated, Harrison Avenue in this location would revert to the underlying ownership of BNSF, along with the southerly 40 feet of the West 18th Street segment. 3 305 of 324 Planning Commission Meeting of October 19, 2020 Page 3 The northerly 40 feet of West 18th Street would revert to the property owner to the north (Sidek International Inc.), although this area would likely be covered under an existing access easement for the benefit of BNSF. No development is proposed. The area would remain in its current condition and be controlled with regard to access. There have been security issues related to unauthorized activities occurring on the properties (dumping, RV parking, etc.), which have created code enforcement issues. The area has generally been used for interim storage of railroad construction/maintenance materials, which is a permitted use for the area. Because the property is in the Coastal Zone, the application also includes a Coastal Development Permit, which is discussed in a separate staff report. Vacation of the subject rights -of -way will not be approved without approval of the Coastal Development Permit. Analysis The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. The "paper street" is not used for any form of motorized or non -motorized access. In addition, there is no connection for Harrison Avenue north or south of the segment and West 18th Street is a dead-end in this location. No property access is gained from the area to be vacated. There are two public utilities that have facilities in or adjacent to the area proposed to be vacated (SDG&E and AT&T). In addition, there is public drainage pipe that is located in the current Harrison Avenue right-of-way at the terminus with West 19th Street. However, there is no City maintenance easement. After vacation the pipe would be on private property; therefore, future maintenance would be the responsibility of the property owner. As such, conditions have been included that will: 1, Reserve an easement for SDG&E for access and maintenance to their existing facilities. 2. Reserve an easement for AT&T for access and maintenance to their existing facilities. 3. Reserve a general utility easement for any other potential utilities existing in the area to be vacated. 4. Transfer maintenance responsibility of the drainage pipe to BNSF. 4 306 of 324 Planning Commission Meeting of October 19, 2020 Page 4 These reservations and responsibilities will be in place before the order to vacate and would thus be guaranteed once the street right-of-way is vacated. General Plan Conformance The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. Vacating the street in this location would resolve an ongoing code enforcement issue and create a more comprehensive area for potential future development. While not proposed at this time, future development would be consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. This is important because the City has no additional zoned areas for future industrial development. Vacant parcels, underutilized parcels, and existing vacant buildings are the most logical locations to direct future development. Summary The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would resolve an ongoing code enforcement issue and provide opportunities for future industrial development. 5 307 of 324 Planning Commission Meeting of October 19, 2020 Page 5 Options 1. Determine that the street vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of right-of-way to be vacated does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. In addition, this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan; or, 2. Determine that the street vacation as described on the attached plans is not in compliance with the National City General Plan, based on Findings to be determined by the Planning Commission. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Site Plan 4. Site photos 5. Notice of Exemption 6. Resolution MARTIN REEDER, AICP Principal Planner AI °NIANDO VERGARA Director of Community Development 6 308 of 324 RECOMMENDED FINDINGS FOR APPROVAL 2020-09 SC — Harrison Avenue vacation north of West 19th Street 1. That the street vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of right-of-way to be vacated does not serve to provide any motorized or non -motorized access that will not otherwise be maintained. 2. That this portion of Harrison Avenue and West 18th Street is not identified as a road or street in the Circulation Element of the General Plan. 7 309 of 324 RECOMMENDED CONDITIONS OF APPROVAL 2020-09 SC — Harrison Avenue vacation north of West 19th Street 1. This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 18th Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Street Closure shall not become effective without approval of Coastal Development Permit 2020-09 CDP. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 5. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. The City shall reserve easement and right-of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway are being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020 — Weeds growing or located upon public streets, sidewalks, or private property to be a public 8 310 of 324 nuisance pursuant to National City Municipal Code. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. BNSF shall call the National City Fire Department to arrange for inspection. 8. Upon the vacation of Harrison Avenue, the applicant shall be responsible for the open storm drain pipe that is located at the southern terminus of Harrison Avenue north of West 19th Street. 9. The Harrison Avenue and West 18th reversionary interest shall remain encumbered under the railroad easement granted to BNSF under County of San Diego document number 84-362819, dated 9/25/1984. 9 311 of 324 2020-09 SC — Harrison Ave. vacation north of W. 1 9th Street — Site Plan 10 312 of 324 2020-09 SC —Harrison Ave. between West 18th and 19th Streets / and westerly 40 feet of West 18th Street north of Harrison Avenue. Harrison Ave. looking south from W, 18th Street W. 18th Street looking north from Harrison Street 11 313 of 324 Harrison Avenue looking south arimaktralaggazawro ,n3Y; Harrison Avenue looking north from W. 19th Street 12 314 of 324 4?-- CALIFORNIA �r NATIONAL Orr -- X;CORPORhTED COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn.: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project Title: 2020-09 SC, CDP Project Location: Harrison Avenue between W. 18th and 19th Streets, and the westerly 40 feet of W. 18th Street north of Harrison Avenue, National City, CA 91950 in the Coastal Zone. Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of 250 feet by 40 feet of Harrison Avenue north of West 19th Street and 80 feet by 40 feet of West 18th Street immediately abutting Harrison Avenue to the north. Applicant: Charles Keltner 2650 Lou Menk Drive MOB2-392, Fort Worth, TX 76131-2828 Telephone Number: (817) 352-6464 Exempt Status: Categorical Exemption. Class 35, Section 15305 (Minor Alterations in Land Use Limitations) Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is an undeveloped street right-of-way that is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. The property is less than five acres in size and is surrounded by urban development. Date: MARTIN REEDER, AICP - Principal Planner 13 315 of 324 RESOLUTION NO. 2020-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE PROPOSED VACATION OF A PORTION OF HARRISON AVENUE BETWEEN WEST 18T" AND 191" STREETS, AND THE WESTERLY 40 FEET OF WEST 18TH STREET NORTH OF HARRISON AVENUE IN THE COASTAL ZONE. APPLICANT: CHARLES KELTNER FOR BURLINGTON NORTHERN AND SANTA FE (BNSF) RAILWAY COMPANY CASE FILE NO. 2020-09 CDP WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit for the proposed vacation of a portion of Harrison Avenue between West 18th and 19th streets, and the westerly 40 feet of West 18th Street north of Harrison Avenue in the Coastal Zone, at a duly advertised public hearing held on October 19, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2020-09 CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 19, 2020, support the following findings: That granting of this Coastal Development Permit is consistent with all other City plans and ordinances, since the project complies with applicable Land Use Code requirements, and since the industrial use involved in the project is identified by the General Plan as an appropriate use in the project area. Furthermore, the vacation conforms to two General Plan policies as considered and adopted by the Planning Commission under File No. 2020-09 SC. That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the Local Coastal Plan ATTACHMENT 3 14 316 of 324 identifies industrial businesses as permitted uses within Subarea I of the Local Coastal Plan, since the proposed street vacation does not conflict with any policies or goals of the Local Coastal Plan, and since no existing or proposed coastal access will be affected. BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Street Closure authorizes the vacation of 40 feet by 250 feet of Harrison Avenue north of West 19th Street and the westerly 40 feet of West 181h Street directly abutting the subject segment of Harrison Avenue being vacated. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2020-09 SC dated 9/16/2020. 2. This Coastal Development Permit shall not become effective without approval of the associated Street Closure permit (2020-09 CDP). 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 5. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. The City shall reserve easement and right-of-way for Pacific Bell Telephone Company dba AT&T California as it may from time to time require to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such aerial communications, facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guys, wires, cables, crossarms, terminals, terminal 15 317 of 324 equipment cabinets, service boxes, associated electrical conductor, and necessary fixtures and appurtenances. 7. The entire roadway are being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020 — Weeds growing or located upon public streets, sidewalks, or private property to be a public nuisance pursuant to National City Municipal Code. Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. BNSF shall call the National City Fire Department to arrange for inspection. 8. Storm drain the open storm drain pipe that runs under the street from the property on the south to the property on the north side of 19TH Street. The City has been maintaining this as part of Harrison Avenue, however the drain carries storm water from on BNSF property to another BNSF property. With Harrison Avenue being vacated and no public waters being carried by this drain we feel that BNSF should begin maintaining the pipe. 9. The Harrison Avenue and West 18th reversionary interest shall remain encumbered under the railroad easement granted to BNSF under County of San Diego document number 84-362819, dated 9/25/1984. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 19, 2020, by the following vote: AYES: Flores, Dela Paz, Sendt, Sanchez, Yamane, Natividad NAYS: None. ABSENT: Garcia ABSTAIN: None. CHAIRPERSON 16 318 of 324 The following page(s) contain the backup material for Agenda Item: City Council Meeting Schedule for January 2021. (City Clerk) Please scroll down to view the backup material. 319 of 324 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2020 AGENDA ITEM NO. ITEM TITLE: City Council Meeting Schedule for January 2021. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City CI rk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: The City Council approved work furlough will result in City Hall being closed from December 21, 2020 until January 3, 2021. Consequently, the City Council Meeting schedule for January 2021 will need to be modified. In order to provide the public with proper notice, it is recommended that the City Council adopt a motion dispensing with the January 5, 2021 Regular Meeting of the City Council and adjourn the Regular Meeting of December 15, 2020 to the next Regular Meeting to be held on January 19, 2021. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: The City Council adopt a motion dispensing with the January 5, 2021 Regular Meeting of the City Council and adjourn the Regular Meeting of December 15, 2020 to the next Regular Meeting to be held on January 19, 2021. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 320 of 324 The following page(s) contain the backup material for Agenda Item: Community Services Update. (Community Services) Please scroll down to view the backup material. 321 of 324 Item # 11/17/20 COMMUNITY SERVICES UPDATE (Community Services) 322 of 324 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 323 of 324 Item # 11/17/20 City Manager Report (City Manager) 324 of 324