HomeMy WebLinkAboutAgenda Packet - 11-17-2020 CC HA Agenda - NO RESOLUTIONSCALIFORNIA
NATIONAL CITY
INCORPORATED
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.
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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
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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.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
1. National City Celebrates 2020 Small Business Saturday.
2. National City Celebrates National Caregivers Month.
AWARDS AND RECOGNITIONS
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
3. Introduction of New Employee - Rachelle Barrera, Finance Manager.
(Finance)
4. A Reason To Survive (ARTS) Update - James Halliday, Executive Director.
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
5. 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)
6. Resolution of the City Council of the City of National City authorizing an
increase to the contract with Basile Construction, Inc., in the not -to -exceed
amount of $215,987.03 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)
7. 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
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specialized janitorial services to address public health and safety risks
associated with the COVID-19 Pandemic. (Engineering/Public Works)
8. 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)
9. 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)
10. Resolution of the City Council of the City of National City authorizing the
removal of 92 feet of angled parking to be replaced with parallel parking on
the east side of Highland Avenue, adjacent to 804 Melrose Street to enhance
street safety (TSC No. 2020-16). (Engineering/Public Works)
11. 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 street safety (TSC No. 2020-17). (Engineering/Public Works)
12. 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)
13. National City Sales Tax Update Newsletter — Second Quarter 2020. (Finance)
14. Warrant Register #12 for the period of 9/16/20 through 9/22/20 in the amount
of $3,457,747.54. (Finance)
15. Warrant Register #13 for the period of 9/23/20 through 9/29/20 in the amount
of $552,385.88. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
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16. Public Hearing and Adoption of a 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
17. 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 Authority)
18. 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)
NEW BUSINESS
19. 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)
20. 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
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STAFF REPORTS
21. Community Services Update. (Community Services)
22. 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.
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The following page(s) contain the backup material for Agenda Item: National City Celebrates
2020 Small Business Saturday.
Please scroll down to view the backup material.
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Item #
11/17/20
National City Celebrates 2020 Small Business Saturday
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FROM THE OFFICE OF THE MAYOR OF NATIONAL CITY �l
National City celebrates 2020 Small Business Saturday
Whereas, the government of National City, CA celebrates our local small businesses and the contributions they
make to our local economy and community; according to the United States Small Business Administration, there
are 31.7 million small businesses in the United States, they represent 99.9% of all firms with paid employees in the
United States, are responsible for 65.1% of net new jobs created from 2000 to 2019; and
Whereas, small businesses employ 47.1% of the employees in the private sector in the United States, 62% of U.S.
small businesses reported that they need to see consumer spending return to pre-COVID levels by the end of 2020
in order to stay in business, 65% of U.S. small business owners said it would be most helpful to their business to
have their "regulars" return and start making purchases again, and three-quarters of U.S. consumers are currently
looking for ways to Shop Small® and support their community; and
Whereas, 96% of consumers who shopped on Small Business Saturday® agree that shopping at small,
independently -owned businesses supports their commitment to making purchases that have a positive social,
economic, and environmental impact and 97% of consumers who shopped on Small Business Saturday agree that
small businesses are essential to their community; and
Whereas, 95% of consumers who shopped on Small Business Saturday reported the day makes them want to shop
or eat at small, independently -owned businesses all year long, not just during the holiday season; and
Whereas, National City, CA supports our local businesses that create jobs, boost our local economy, and preserve
our communities; and
Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the
Saturday after Thanksgiving as Small Business Saturday.
Now, Therefore, I, MAYOR Alejandra Sotelo-Solis, Mayor of National City, CA do hereby proclaim,
November 28, 2020, as:
SMALL BUSINESS SATURDAY
And urge the residents of our community, and communities across the country, to support small businesses and
merchants on Small Business Saturday and throughout the year.
Mona Rios
Vice Mayor
Gonzalo Quintero
Council Member
Alejandra Sotelo-Solis
Mayor
-� CALIFORNIA
110N__L ear
Ron Morrison
Council Member
Jerry Cano
Council Member
NATIONAL CITY, CALIFORNIA • INCORPORATED 1887
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2
The following page(s) contain the backup material for Agenda Item: National City Celebrates
National Caregivers Month.
Please scroll down to view the backup material.
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Item #
11/17/20
National City Celebrates National Caregivers Month
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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.
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Item #
11/17/2020
Introduction of New Employee
Rachelle Barrera, Finance Manager
(Finance Department)
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The following page(s) contain the backup material for Agenda Item: A Reason To Survive
(ARTS) Update - James Halliday, Executive Director.
Please scroll down to view the backup material.
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Item #
11 /17/20
A REASON TO SURVIVE (ARTS) UPDATE
(James Halliday, Executive Director)
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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
$130,000+
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
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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
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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&/
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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&/
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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\
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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
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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
1
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Storefront / Facade
Improvement Projects
(American Awards)
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Working with ARTS
creates workforce and
learning experiences
for National City
youth and builds a
community of
belonging.
ARTS I areasontosurvive.org
ARTV
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Public art makes community
healthier, inclusive, & more equitable
ARTS I areasontosurvive.org "Why Public Art Matters" Americans for the Arts
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Thank you!
James Halliday
Executive Director
jhaIIidayareasontosurvive.org
ARTS I areasontosurvive.org
A REASON To SURVIVE
Projects and Programs Highlights
Jason Mraz Music Studio
ARTS 0 Home
Estimated $
$ 150,000
$ 131,125
Community ARTS
Congratulations SUHI Mural $ 800
SUHI Internships $ 3,967
NEA Market Makeovers $ 748
Financial Impact
Actua Is
Projects and Programs Financials
Jan 2020 - Dec 2020
Projected
Q1 Q2
Q3 Q4
Total
Projects & Programs
Personnel $ 62,772 $ 70,451 $ 92,184 $ 111,668 $ 337,076
Materials 2,260 3,212 8,482 21,600 35,554
Facilities Improvements 150,000 150,000
Overhead (20% ) 13,007 14,733 20,133 26,654 74,526
Other Value
Volunteer Equivalent 8,727 2,909 8,727 8,727 29,090
Total Impact Value $ 86,766 $ 91,304 $ 279,527 $ 168,649 $ 626,245
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«-, 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
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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.
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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)
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The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City authorizing an increase to the contract with Basile
Construction, Inc., in the not -to -exceed amount of $215,987.03 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.
40 of 252
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 amount of $215,987.03 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: Engi
PHONE: 619-336-4388 C'�' APPROVED BY:
EXPLANATION:
See attached explanation.
Public Works
FINANCIAL STATEMENT: APPROVED: ___ FINANCE
ACCOUNT NO. APPROVED: MIS
Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $215,987.03
Funds available through previous City Council appropriations.
ENVIRONMENTAL
N/A
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF
Adopt the Resolution.
BOARD / COMMISSION
N/A
ATTACHMENTS
1. Explanation
2. Resolution
UI Lot
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
twelve (12) change orders totaling $425,130.83, which is approximately 30% 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 $215,987.03, 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
$215,987.03
New Contract Amount
$1,819,422.83
Funds are available in the Sewer Upsizing CEP expenditure account number 125-
409-500-598-2024 through previous City Council appropriations.
42 of 252
RESOLUTION NO. 2020 -
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 AMOUNT OF $215,987.03 FOR
THE P-1 SEWER UPSIZE PROJECT, CIP NO. 19-43, TO COMPLETE THE
REMOVAL AND REPLACEMENT OF THE SEWER MAIN LINE
WHEREAS, 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; and
WHEREAS, City of National City staff have executed twelve (12) change orders
totaling $425,130.83, which is approximately 30% of the contract amount, to address
unforeseen conditions associated with existing underground utilities; and
WHEREAS, the sewer main alignment identified in the plans required modification to
include 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; and
WHEREAS, in order to complete the reestablishment of existing sewer laterals
connected to the sewer main line and the excavation of jacking and receiving pits, City of
National City staff is requesting City Council's approval for an increase to the contract with
Basile Construction, Inc. in the not -to -exceed amount of $215,987.03, above and beyond the
original 15% contingency of $209,143.80.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City
hereby authorizes the increase to the contract with Basile Construction, Inc., in the not -to -
exceed amount of $215,987.03 for the P-1 Sewer Upsize Project, CIP No. 19-43, to complete
the removal and replacement of the sewer main line.
PASSED and ADOPTED this 17th day of November, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
43 of 252
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.
44 of 252
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
45 of 252
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.
46 of 252
SECOND AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
JANI-KING OF CALIFORNIA, INC4
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 term 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 tent 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.
47 of 252
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
I3y:
Alejandra .Sotelo-Sol1s, Mayor
APPROVED AS TO FORM:
By:
Angil P. Morris -Jones:
City Attorney
JANI»KING OF CALIFORNIA, INC., A
TEXAS CORPORATION
(Signatures of two •corporate •officers
required)
By:
4' a,...S Ju'NPri t'4?
(Print)
(Title)
(Name)ifili%%
t&et _EA r ell
(Print)
"11,1/21/4141--- tte(-4;ba ee-
(Thle)
48 of 252
RESOLUTION NO. 2020 -
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
WHEREAS, on January 21, 2020, the City of National City ("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; and
WHEREAS, the original Agreement is for a not -to -exceed amount of $14,500, and for
an initial term of one (1) year, with the option to extend for up to three, one-year extensions;
and
WHEREAS, 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; and
WHEREAS, the City of National City has invested $97,000 in cleaning and
janitorial services provided by Jani-King of California, Inc. to City -owned facilities; and
WHEREAS, due to the continuous demand of specialized janitorial services
required citywide to address public health and safety risks associated with the COVID-19
Pandemic, City 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.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City
that the Mayor is hereby authorized 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.
PASSED and ADOPTED this 17th day of November, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
49 of 252
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.
50 of 252
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
51 of 2521
Explanation:
On August 15, 2017, per City Council Resolution No. 2017-163, the City of National City
entered into an Agreement with Countywide Mechanical Systems, Inc., to provide
heating, ventilation, and air conditioning (HVAC) preventative maintenance services to
city -owned facilities. The original Agreement is for a not -to -exceed amount of $170,412,
and for an initial term of one year, with the option to extend for up to two, one-year
extensions.
On July 17, 2018, per Resolution No. 2018-123, City Council approved the First
Amendment to the Agreement extending the term of the Agreement for one year to
August 31, 2019.
On August 20, 2019, per Resolution No. 2019-116, City Council approved the Second
Amendment to the Agreement extending the term of the Agreement for one year to
August 31, 2020.
On May 5, 2020, per Resolution No. 2020-83, City Council approved the Third
Amendment to the Agreement increasing the not -to -exceed amount by $50,000 and
extending the term of the Agreement by six months to February 28, 2021.
Due to the immediate need for continuous preventative maintenance and repair
services to address demands of the COVID-19 Pandemic, staff is requesting City
Council approval of 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 to
include all specialized services offered to all City -owned facilities, and extending the
term of the Agreement by one year to February 28, 2022.
Funds are appropriated in various accounts for FY 2021; funding for subsequent fiscal
years is dependent on future appropriations as part of annual budget.
52 of 252
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
COUNTYWIDE MECHANICAL SYSTEMS, INC.
THIS FOURTH 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 COUNTYWIDE MECHANICAL SYSTEMS, INC., a California
corporation (the "CONSULTANT").
RECITALS
WHEREAS, The CITY and the CONSULTANT entered into an Agreement on
August 15, 2017, ("the Agreement"), per City Council Resolution No. 2017-163, to provide
heating, ventilation, and air conditioning (HVAC) preventative maintenance services to
CITY facilities for a not -to -exceed amount of $170,412, for an initial term of one year, with
the option to extend for up to two (2), one-year extensions; and
WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-123,
approving the First Amendment to the Agreement extending the term of the Agreement
by one year to August 31, 2019; and
WHEREAS, on August 20, 2019, the City Council adopted Resolution No. 2019-
116, approving the Second Amendment to the Agreement extending the term of the
Agreement by one year to August 31, 2020; and
WHEREAS, on May 5, 2020, the City Council adopted Resolution No. 2020-83,
approving the Third Amendment to the Agreement increasing the not -to exceed amount
by $50,000 and extending the term of the Agreement by six months to February 28, 2021;
and
WHEREAS, due to the immediate need for continuous services to address the
demands of the COVID-19 pandemic the parties desire to increase the not -to -exceed
amount of the Agreement by $200,000, expand the scope of work which includes but is
not limited to all specialized services offered to all City -owned facilities, and extend the
term of the Agreement by one year to February 28, 2022.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The not -to -exceed amount of the Agreement is hereby increased by $200,000,
for a total Agreement amount of $420,412 due to the immediate need for
continuous services to address the demands of the COVID-19 pandemic.
53 of 252
2. The term of the Agreement is hereby extended to February 28, 2022.
3. Exhibit "A" of Section 3 of the August 15, 2017 Agreement is hereby amended
to now include all City -owned facilities and providing expansion of the scope
of work to include all specialized services offered.
4. The parties further agree that, other than as previously amended by the City
Council, each and every term and provision of the August 15, 2017
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth
Amendment to the Agreement on the date and year first above written.
CITY OF NATIONAL CITY
COUNTYWIDE MECHANICAL
SYSTEMS, INC., A CALIFORNIA
CORPORATION
(Signatures of two corporate officers
required)
By: By: ,
Alejandra Sotelo-Solis, Mayor
APPROVED AS TO FORM:
By:
Angil P. Morris -Jones
City Attorney By:
(Signature)
RANDALL A. SIGNORE
(Print Name)
VP - SERVICE OPERATIONS
(Title)
PAUL B. DUKE
(Print Name)
PRESIDENT
(Title)
54 of 252
RESOLUTION NO. 2020 -
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
WHEREAS, on August 15, 2017, per City Council Resolution No. 2017-163, the City
of National City entered into an Agreement with Countywide Mechanical Systems, Inc., to
provide heating, ventilation, and air conditioning (HVAC) preventative maintenance services
to city -owned facilities; and
WHEREAS, the original Agreement is for a not -to -exceed amount of $170,412, and
for an initial term of one year, with the option to extend for up to two, one-year extensions;
and
WHEREAS, on July 17, 2018, per Resolution No. 2018-123, City Council approved
the First Amendment to the Agreement extending the term of the Agreement for one (1) year
to August 31, 2019.
WHEREAS, on August 20, 2019, per Resolution No. 2019-116, City Council approved
the Second Amendment to the Agreement extending the term of the Agreement for one (1)
year to August 31, 2020.
WHEREAS, on May 5, 2020, per Resolution No. 2020-83, City Council approved the
Third Amendment to the Agreement increasing the not -to -exceed amount by $50,000 and
extending the term of the Agreement by six months to February 28, 2021; and
WHEREAS, due to the immediate need for continuous preventative maintenance and
repair services to address demands of the COVID-19 Pandemic, City staff are requesting City
Council approval of 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 to include all specialized
services offered to all city -owned facilities, and extending the term of the Agreement by one
(1) year to February 28, 2022.
55 of 252
Resolution No. 2020 —
Page Two
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City
that the Mayor is hereby authorized 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.
PASSED and ADOPTED this 17th day of November, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
56 of 252
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.
57 of 252
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: Engineer
PHONE: 619-336-4360 APPROVED BY:
EXPLANATION: ��
See attached explanation.
FINANCIAL STATEMENT: APPROVED:
blic Works
ACCOUNT NO. APPROVED:
001-409-500-598-6573 (Traffic Monitoring/System Improvements) - $99,920.00
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
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 not -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. Resolution
58 of 2521
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 in order to update the current Pavement — Traffic Control
Management Program Services (Exhibit - A). 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.
59 of 252
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, curb marking, 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
December 1, 2020 through November 30, 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
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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.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
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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.
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10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. 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 has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -section will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
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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, that this indemnification and hold harmless shall not include
any claims or liability arising from the established sole negligence or willful misconduct of the
CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the
defense of any action, and CONSULTANT shall employ competent counsel, reasonably
acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16, 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
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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
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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
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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.
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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 Bucknam
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
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at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 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.
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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 communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
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.
///
///
111
Standard Agreement
Page 11 of 12
City of National City and
Revised May 2019 Bucknam Infiastiuetuie Group, Inc.
70 of 252
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 BUCKNAM INFRASTRUCTURE CROUP,
INC.
(Corporation— signatures of Iwo corporate officers requf ed)
(Partnership or Sole proprietorship — one signature)
By:
Alejandra Sotelo Solis, Mayor
APPROVED AS TO FORM:
By:
Angil P. Morris4ones
City Attorney
By:
(NanNr
By:
%relei t3ue'K.�i
(Print)
(Title)
��srw cgvcve.wa
(Print)
(Title)
Standard Agreement Page 12 of 12 City of National City and
Revised May 2019 Buolniani Inf'astrueturc Group, Inc.
71 of 252
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;
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B U C 1< N p► n /I 3548 Seagate Way, Suite 230
HIV, Oceanside, CA 92056
T: (760) 216-6529
INFRASTRUCTURE GROUP, INC w w .bucknam-inc.com
• 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
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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
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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.
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Project Understanding / Scope of Work
Quality Control (QC)
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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
Huntington Beach
Irvine
Vista
La Habra Heights
La Habra
La Palma
La Verne
Palmdale
Pomona
Santee
Rancho Palos Verdes
Laguna Beach
Rancho Santa Margarita
Laguna Hills
Lake Elsinore
b
Lomita
Lynwood
Menifee
Monterey Park
Newport Beach
Norwalk
Ontario
Westminster
Redlands
Rialto
Rosemead
San Clemente
San Juan Capistrano
Sierra Madre
Signal Hill
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.
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Project Understanding / Scope of Work
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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;
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Project Understanding / Scope of Work
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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;
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Project Understanding / Scope of Work
CALIFORNIA --
NATIONAL CITY
11.3J
• 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 with the City of
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.
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.
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Project Understanding / Scope of Work
3. Section Distress and PCI Reporting
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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.
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Project Understanding / Scope of Work
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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
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Project Understanding / Scope of Work
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• 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 link 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.
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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
GIS PMP map above).
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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.
(sample 2020 Vista-
1-9
Project Understanding / Scope of Work
CALIFORNIA
NATIONALCITY
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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
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Project Understanding/Scope of Work
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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
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Project Understanding / Scope of Work
SIGN ASSESSMENT AND CONDITION INVENTORY
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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.
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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
85 of 252
Project Understanding / Scope of Work
�CALI FO RNLq--
NATIONAL-My
aztav
'KCnTPO.•yl'.T ..
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 control in order to ensure that sign and curb marking
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.
The figure above demonstrates the Feature Extraction software and tools that our technicians
use to collect the project data
1-13
86 of 252
Project Understanding / Scope of Work
+—OALIFUHNIA ^'•
• . NnCooRPU$ syr.P . .
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;
o 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
SIGN CS ON
• R
• GC -CO
• POOR
e •I
sn
,hw+i..: •.. y m mod'; a ,y F
Recent Palmdale
Citywide Sign Inventory
City of Palmdale, CA
Sign Inventory
w
1-14
Project Understanding / Scope of Work
OALIF.ONNIA �^
NATIONAL CtTY
•. rxCnRPoa •7 ut ..
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 will collect the following attributes for this asset:
Catch Basins (approximately 900 assets)
• GPS coordinate (X,Y)
• 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
88 of 252
Project Understanding / Scope of Work
Proposed Fee
NATI NA i fl y
�ricdni�opkr3o -
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
89 of 252
Project Understanding / Scope of Work
CALI FORK IA --
NATIONAL ry
. exeneeuxctrn..
•
Description
Project GIS
Principal
Manager Analyst
Field _ Admin
Technician(s) -
Total by
Task
.1.2020-21 Pavement Base Fee
$295/hrj$185/hr. $145/hr
$92/hr1 $80/hr
Task 1 !Project Implementation
Task 11 jPraject Kickoff
! 2I 1
$515
Task 1. !Project Status Meetinj - Quality Control
1; 2! 1
181
$2,466
Task2
'Client Satisfaction
f•
Task 21
Project Deliverables
--i,
2I
I
1
$450
Task 3
Project Schedule
1 i
j
Task 3.1
Work Flow / Project Schedule
1 21 2
!
$660
Task4 ;Scope of Work
i
l
Task4_1 IMicroPAVERPMPImplementation /U ate WorkNista
Task 4.2TPavementCondition Survey (approx. 111 miles)
.II
T 1i 4
t-�_— 6!� —,_..6
26l
178! —
$3,1_57
$18 356
j-Includes103miles ofArterials and Locals
- includes 8 mites of Alleys
Task4.3 i Mai ntenacne&COP /Budgetary Analysis
41
$740
Task 4.4 :Citywide forecasted Maintenance & COP Reports
S 241 6
1
$5,685
Task43 IMayping
Task 4,6 =National
Task4.7 IMicroPAVFR/My
and CIS Update
....)....._.... ..., 3,f .,..... ....1
_
I 2t
....—....._..._ .»...__$3,427
6i
$Z 59m
I $922
—._.........__..... ....:
City My Roads PMP Web -Portal
Roads Trainin
Task 4.8 TA -Needed PMP - GIS Services (Annual)
` t-
T&M
jReimbursables (mile.sge, printing, materials)
_ [
I.
$2,050
!Total Hours per Staff
21 481 36
234E 2
12020-21 Total Pavement Base Fee
$ 590 $ RAMIS 5,220
$ 21,528 1$ 160
$39,928
2019 Sign / Curb Marking inventory Base Fee
Task 49 !Traffic Control Sign Inventory
$250/hr $185/hr_ $145/hr
1 i
$92/hr $80/hr
Total by Ta
- Digital Roadway Imaging (111 miles
i
$13,900
- Sign Inventory (approximately 5,500 signs)
(collected Cat $4.25.Per sig+QC)
$24,400
I - Curb Marking Inventory (approximately 2,500locations) (collected @ $4.25 per marking +QC)
$11,400
Task 4.10 !GIS Integration of Sign / Curb Marking Assets 12! 16i 6!
$5,092
$1,150
Reimbursables (mileage, printing, materials) j
€2020-21Total Sign Inventory Base Fee t
05942
!2020Catch
Task 4.11 ;Catch
Basin Inventory Base Fee $250/hr $185/hr $145/hr $92/hr $80/hr
Basin Inventory ? i s j I
Total by Task
.1
- Catch Basin Survey (approx. 900 locations) (collected S425 per catch basin 4 QC) ` 54050
❑. _ f $4,050
!2020-21 Optional Services
Purchase of MicroPAVER software (if necessary) I $1,150
All Tasks are negotiable L i j I
'Ail deliverables will become property of the City of National Ci i I
12020-21 Total Base Fee (All Efforts Combined) 1 1 I € I $99 920
j_ i—
AddttionalservicesoutsideofthiscontractwilIbenegotiated with the City where we will use the Standard Hourly Rate Schedule shown here. -
r -r ,
1-17
90 of 252
Project Understanding / Scope of Work
Standard Hourly Rate Schedule
Category
Principal
Senior Project Manager
Senior Engineer / Planner
Construction Manager
Pavement Management / GIS 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%
OALIFORHIA •-
NATIONAL ear
IhCnReUB 4,1 P . .
•
Rate
$ 295
215
195
190
185
165
155
145
135
120
105
92
80
Quote
BV C K n V j A f�'v' A 3543 5 Oceanside CA 92056
T: (760) 216-6529
INFRASTRUCTURE GROUP, INK wv:.v.bucknarn-inc.com
1-18
91 of 252
RESOLUTION NO. 2020 —
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
WHEREAS, on October 16, 2012, the City of National City ("City") entered into an
agreement with Bucknam Infrastructure Group, Inc., (Bucknam) to create a Pavement
Management Program and perform a street sign inventory; and
WHEREAS, the City's Engineering and 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 in order to update the current Pavement — Traffic Control
Management Program Services; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the
City may buy directly from a vendor at a price established through competitive bidding by
another public agency whose procedures have been determined to be in substantial
compliance with the City's procurement procedures, and such a determination has been
made in this case, therefore, it is recommended that the purchase be made without complying
with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, the City's Purchasing staff has confirmed that the City of South
Pasadena's Public Works Department's contract with Bucknam was obtained through a
Request for Proposal (RFP), and that the State of California Department of General Services
procurement procedures are in substantial compliance with those of the City; and
WHEREAS, City staff recommends that City Council authorize the Mayor to execute
an Agreement with Bucknam 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 utilizing a "Piggyback Contract" onto the City of South
Pasadena's Professional Services Contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby affirms the Purchasing agent's determination that the City of South Pasadena's
Public Works Department's contract with Bucknam was competitively bid through a RFP
process, and that the State of California Department of General Services procurement
procedures are in substantial compliance with those the City.
92 of 252
Resolution No. 2020 —
Page Two
BE IT FURTHER RESOLVED that the City Council of the City of National City hereby
waives the formal bid process pursuant to National City Municipal Code Section 2.60.260
regarding cooperative purchasing and hereby authorizes the Mayor to execute an Agreement
with Bucknam 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
utilizing a "Piggyback Contract" onto the City of South Pasadena's Professional Services
Contract.
PASSED and ADOPTED this 17th day of November 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
93 of 252
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 to
be replaced with parallel parking on the east side of Highland Avenue, adjacent to 804
Melrose Street to enhance street safety (TSC No. 2020-16). (Engineering/Public Works)
Please scroll down to view the backup material.
94 of 252
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 street safety (TSC No. 2020-16).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engineersg/P c Works
PHONE: 619-336-4388 ' APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
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 staffs recommendation to remove
angled parking and replace with parallel parking on the east side of Highland Avenue, adjacent to 804 Melrose
ATTACHMENTS:
1. Explanation wl Exhibit
2. Staff Report to the Traffic Safety Committee on October 14, 2020 (TSC No. 2020-16)
3. Resolution
95 of Lb 1
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.
96 of 252
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
97 of 252
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
98 of 252
+ 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:
99 of 252
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
100 of 252
Location Map with Recommended Enhancements (TSC Item: 2020-16)
MeIr
0 ..I1t__
f
804 Melrose Street
614 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
101 of 252
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)
102 of 252
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
103 of 252
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
104 of 252
105 of 252
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 street safety (TSC No. 2020-17). (Engineering/Public Works)
Please scroll down to view the backup material.
106 of 252
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: November 17, 2020
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
street safety (TSC No. 2020-17).
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engine-ring/Public Works
C APPROVED BY:
PHONE: 619-336-4388
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 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
107 of 2521
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
108 of 252
Location Map with Proposed Enhancements (TSC Item: 2020-17)
in 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
109 of 252
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.
110 of 252
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
111 of 252
-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 n Tele phone
Email
Fax
Referral:
112 of 252
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
113 of 252
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 . •
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!
.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
1-0 ep
if •
1 C' • IC
:
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.21., ',..______•
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AU
114 of 252
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)
115 of 252
Location of proposed "No Parking vehicles over 6' High" signs on the east side of Roosevelt Avenue (looking south)
116 of 252
RESOLUTION NO. 2020 -
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 BOULEVARD TO INCREASE PARKING TURNOVER FOR CUSTOMERS
AND EMPLOYEES OF THE NEARBY BUSINESSES, AND
TO ENHANCE STREET SAFETY
(TSC NO. 2020-17)
WHEREAS, the City of National City's Parking Enforcement, has requested the
installation of "No Truck Parking" signage on the east side of Roosevelt Avenue, between
West Plaza Boulevard and West 8'h Street to increase parking turnover for customers and
employees of the nearby businesses and to enhance street safety; and
WHEREAS, the City of National City's Parking Enforcement also stated that it has
received several complaints from 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; and
WHEREAS, City of National City staff visited the site and verified that Roosevelt
Avenue is located in a mixed area with commercial businesses and residential and that
commercial vehicles do park on both sides of Roosevelt Avenue;
WHEREAS, City of National City staff visited the site and verified Roosevelt Avenue
is currently a 2-hour time -restricted parking on the west side of the street and no time -
restriction on the east side of the street; and
WHEREAS, City of National City staff visited the site and observed that the adjacent
businesses do not have sufficient off-street parking for their customers and employees; and
WHEREAS, City of National City staff visited the site and measured the amount of
parking available on the east side of Roosevelt Avenue between West Plaza Boulevard and
West 8th Street, adjacent to the businesses and in total there are approximately 424 feet of
on -street parallel parking spaces available for twenty-one (21) vehicles; and
WHEREAS, in June 2017, City Council adopted the Downtown Parking Action Plan
which includes locations for oversized vehicle parking prohibitions;
WHEREAS, the Downtown Parking Action Plan includes Roosevelt Avenue, between
West 8'h Street and East Plaza Boulevard, as part of the prohibited locations for oversized
vehicles; and
WHEREAS, City of National City staff are evaluating opportunities to relocate truck
parking to more desirable locations and/or establish a truck permit parking program to
minimize impacts to residents and businesses; and
WHEREAS, on October 14, 2020, the Traffic Safety Committee voted unanimously to
approve City of National City staff's recommendation to install "No Truck Parking" signage on
the east side of Roosevelt Avenue, between West 8'h Street and West Plaza Boulevard.
117 of 252
Resolution No. 2020 —
Page Two
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby authorizes the installation of "No Truck Parking" signage on the east side of
Roosevelt Avenue, between West 8th Street and West Plaza Boulevard to increase parking
turnover for customers and employees of the nearby businesses and to enhance street
safety.
PASSED and ADOPTED this 17t" day of November, 2020.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
118 of 252
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.
119 of 252
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
120 of 2521
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
121 of 252
Location Map with Recommended Enhancements (TSC Item: 2020-18)
•
0
41-1(T ).
E. 20th Street
„AIM
•glk- - -511.-71 War
11.
_ . -tt—,0-•""411
PARKING
ONLY
R99 (CA)
Proposed blue curb
disabled persons
parking space
122 of 252
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.
123 of 252
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
124 of 252
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')
S) 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
125 of 252
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
126 of 252
Location Map with Recommended Enhancements (TSC Item: 2020-18)
rill"- R99 (CA) IL,
Proposed blue curb
disabled persons
parking space
127 of 252
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)
128 of 252
Location of existing side entrance to residence of 832 E. 20th Street (looking east)
129 of 252
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.
130 of 252
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.
131 of 252
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
132 of 252
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.
133 of 252
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: �'�/Q Xt
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: `1w7 , 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
134 of 252
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%
136 of 252
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Please scroll down to view the backup material.
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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
138 of 252
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
139 of 252
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
140 of 252
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
141 of 252
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
142 of 252
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 $552,385.88. (Finance)
Please scroll down to view the backup material.
143 of 252
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
144 of 252
+�- 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
145 of 252
+�- 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
146 of 252
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
147 of 252
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 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 l8th 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.
148 of 252
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
149 of 2521
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
150 of 252
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
151 of 252
• 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
152 of 252
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
153 of 252
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
154 of 252
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
155 of 252
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
156 of 252
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
157 of 252
Harrison Avenue looking south
ITIffenagh
Harrison Avenue looking north from W. 19th Street
9
158 of 252
�\,.
�~.. 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
159 of 252
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
160 of 252
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
161 of 252
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
162 of 252
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
163 of 252
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 Authority)
Please scroll down to view the backup material.
164 of 252
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: Housing Au orit
Greg Rose, Property Agent DEPARTMENT: g,' y
APPROVED BY.
PHONE: 619-336-4266
EXPLANATION:
National City Pacific Associates, a California Limited Partnership (Developer) is developing the 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: APPROVED:
ACCOUNT NO. APPROVED:
N/A
ENVIRONMENTAL REVIEW:
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:
Finance
MIS
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
165 of 252
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
166 of 252
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
167 of 252
Attachment No.
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SITE PLAN
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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
169 of 252
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
170 of 252
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
171 of 252
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
172 of 252
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
173 of 252
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
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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.
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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
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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.
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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]
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Attachment No. 2
DEVELOPER:
National City Pacific Associates, a California Limited Partnership
By:
Print Name:
Its:
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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)
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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)
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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,
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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
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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
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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.
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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.
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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.
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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).
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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
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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:
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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)
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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
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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
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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
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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;
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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:
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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]
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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
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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
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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
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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
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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]
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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
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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]
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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]
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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
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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.
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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.
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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.
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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 1 -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:
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RESOLUTION NO. 2020 -
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
WHEREAS, Cities countywide have received larger than anticipated cost
increases resulting from the "all mail ballot" and other changes attributed to COVID-19;
and
WHEREAS, the City of National City budgeted $35,000 for election costs
associated with the November 3, 2020 General Municipal Election; and
WHEREAS, the City of National City has received advanced deposit invoice billing
from the Registrar of Voters ("ROV") totaling $96,000 for election costs associated with
the November 3, 2020 General Municipal Election; and
WHEREAS, based on the current ROV estimate, as well as part and current costs,
a supplemental appropriation in the amount of $65,000 is requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby authorizes 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.
PASSED and ADOPTED this 17th day of November, 2020
Alejandra Sotelo-Solis, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Charles E. Bell, Jr., City Attorney
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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.
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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
222 of 2521
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
223 of 252
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
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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
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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
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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
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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
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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
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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
230 of 252
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
231 of 252
2020-09 SC — Harrison Ave. vacation north of W. 1 9th Street — Site Plan
10
232 of 252
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
233 of 252
Harrison Avenue looking south
arimaktralaggazawro
,n3Y;
Harrison Avenue looking north from W. 19th Street
12
234 of 252
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
235 of 252
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
236 of 252
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
237 of 252
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
238 of 252
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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:
240 of 251
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Update. (Community Services)
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Item #
11/17/20
COMMUNITY SERVICES UPDATE
(Community Services)
242 of 252
Manuel Portillo Casa de Salud
Youth Center
An.L \ IF C> Fa H /,
nationalcit ca.g ov
v
225 free youth lunches distributed each day Mon -Fri
Email: CommunityServices@nationalcityca.gov
Phone: (619) 336-4290
243 of 252
Senior Programs
KIMBALL SENIOR CENTER
• Social calls to 390 seniors
• Activity Packets mailed to 340 seniors
• Participant survey
• Community resource information
• Coloring sheets
• Word searches
• Activity Packets will be mailed again in December and January
• Upcoming Virtual Programming
• Bingo
• Dancing
• Singing
• English class
GEORGE H. WATERS N UTRITIO\ CENTER
• Meals picked up: 180
• Meals Delivered: 86
244 of 252
Virtual Halloween Contests
• 56 registered participants
• 16 submitted photos for judging
245 of 252
SeaWorld
allow
Spooky Drive -In Movie
Friday, October 23, 2020
arf4iNtlfl
247 of 252
Hosted at Westfield -Plaza
Bonita Parking Structure
58 registered cars
35 cars & 150 people
attended
Candy bags for all kids
Many families visited the
food court for dinner
5 opportunity drawings
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,r. CALIFORNIA
NA'�'I0NAL, C�Ir� 1'Y
INCORPORATE" -'
Sk Turkey
Join us on November 2lst for a 5k fun
run/walk at Kimball Park
■
n
ti4fi\�
NATIONAL CITY
5K TURKEY TROT
` Registration opens from October 29th to November 8th J
www.joinatcity.com I Activity #S2SS
•
For more information Contact us at
communityservices( nationalcityca.gov or call (619)336-4290
249 of 252
SJINTJI CRUISE
SANTA IS COMING TO NATIONAL CITY!
Saturday, December 12, 2020
Register your household and Santa will bring the party to you!
Santa will take a break between 2pm - 6pm from making his list
and checking it twice to spread holiday cheer to all registered
National City families
FREE
Open to 50 households
Families can expect a quick outdoor (socially distanced) visit from
Santa where his elves will help capture the magic of the moment
with a photo that will be mailed to you after the event.
CALIFORNIA rt
NATIONAL CITY
S3:3I
Registration opens Sunday, November 1st
www.joinnatcity.com - Activity #5242
(619) 366-4290 or Communityservices@nationalcityca.gov
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Item #
11/17/20
City Manager Report
(City Manager)
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