HomeMy WebLinkAboutAgenda Packet - 02-02-2021 CC HA Agenda - NOT FINAL- CALIFORNIA
NikTIONAL CI
XAOORPORATfi
ALEJANDRA SOTELO-SOLIS
Mayor
JOSE RODRIGUEZ
Vice Mayor
MARCUS BUSH
Councilmember
RON MORRISON
Councilmember
MONA RIOS
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, FEBRUARY 2, 2021 — 6:00 PM
NOTICE: The health and well-being of National City residents, visitors,
and employees during the COVID-19 outbreak remains our top priority.
The City of National City is coordinating with the County of San Diego
Health Human Services Agency, and other agencies to take measures
to monitor and reduce the spread of the novel coronavirus (COVID-19).
The World Health Organization has declared the outbreak a global
pandemic and local and state emergencies have been declared
providing reprieve from certain public meeting laws such as the
Brown Act.
As a result, the City Council Meeting will occur only online to ensure
the safety of City residents, employees and the communities we serve.
A live webcast of the meeting may be viewed on the city's website
at www.nationalcityca.gov. For Public Comments see "PUBLIC
COMMENTS" section below
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the
City Council / Community Development Commission - Housing
Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on
the first and third Tuesday of each month. Public Hearings begin at
6:00 p.m. unless otherwise noted. Closed Meetings begin in Open
Session at 5:00 p.m. or such other time as noted, and after announcing
closed session items, convenes into a Closed Meeting. If a workshop
is scheduled, the subject and time of the workshop will appear on the
agenda. The Mayor and Council members also sit as the Chairperson
and Members of the Board of the Community Development
Commission (CDC).
REPORTS: All open session agenda items and reports as well as all
documents and writings distributed to the Elected Body less than 72
hours prior to the meeting, are available for review on the City's
website at www.nationalcityca.gov. Regular Meetings of the Elected
Body are webcast and archived on the City's website at
www.nationalcityca.gov.
PUBLIC COMMENTS: The City Council will receive public comments
via e-mail at clerkAnationalcityca.gov regarding any matters within the
jurisdiction of the City Council. Written comments or testimony from
the public (limited to three minutes) must be submitted via e-mail
by 4:00 p.m. on the day of the City Council Meeting. All
comments received from the public will be made a part of the
record of the meeting.
1 of 159
The time limit established for public testimony is three minutes per speaker. The Mayor or
Chairperson may limit the length of comments due to the number of persons wishing to
speak or if comments become repetitious or unrelated.
WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items
appearing on the written agenda. Items not appearing on the agenda must be brought back on a
subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to
take action on such items arose after the agenda was posted.
CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or
noncontroversial nature. All consent items are adopted by approval of a single motion by the City
Council. Prior to such approval, any item may be removed from the consent portion of the agenda
and separately considered, upon request of a Councilmember, a staff member, or a member of the
public.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a
disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office
at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el
brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de
National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de
San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del
nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una
pandemia global y se han manifestado emergencias locales y estatales que resultan en la
suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown.
Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente
en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que
atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en
www.nationalcityca.gov. Para comentarios pCiblicos, vea la seccion "COMENTARIOS PUBLICOS"
mas adelante.
ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo
Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado
Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas
inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion
abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la
sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y
analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se
reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo
Comunitario.
INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los
documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion,
apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten
por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.qov.
COMENTARIOS PUBLICOS: El Concejo Municipal recibira comentarios publicos por correo
electronico en clerk(a�nationalcityca.gov sobre cualquier asunto dentro de la jurisdiccion del Concejo
2 of 159
Municipal. Los comentarios escritos o el testimonio del publico (limitado a tres minutos) deben
enviarse por correo electronico antes de las 4:00 p.m. en el dia de Ia sesion del Concelo
Municipal. Todos los comentarios recibidos del publico formaran parte del acta de Ia sesion.
AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas
unicamente sobre los temas que aparecen en Ia agenda escrita. Los temas que no aparezcan en la
agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia
demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber
sido publicada la agenda.
CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican
cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan
mediante Ia aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier
tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion
de un concejal, individuo del personal del Ayuntamiento o persona del publico.
Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para
personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades.
Llame al telefono (619) 336-4228 de Ia Oficina del Secretario del Ayuntamiento para solicitar una
modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de Ia sesion
permitira al Ayuntamiento hacer arreglos razonables para garantizar Ia accesibilidad a esta junta.
3 of 159
OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
AWARDS AND RECOGNITIONS
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
1. Motion of the City Council of the City of National City approving the waiving of
the reading of the text of the Ordinances or Resolutions that are having a
Public Hearing considered at this meeting and providing that such Ordinances
or Resolutions shall be introduced and/or adopted after a reading of the title
only. (City Clerk)
2. Resolution of the City Council of the City of National City: 1) accepting the
work performed by Portillo Concrete, Inc. for the Division Street — Euclid
Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17; 2)
approving the final contract amount of $531,571.79; 5) ratifying the release of
retention in the amount of $26,578.59; and 6) ratifying the signing of the
Notice of Completion for the project. (Engineering/Public Works)
3. Resolution of the City Council of the City of National City waiving the formal
bid process pursuant to National City Municipal Code Section 2.60.260
regarding cooperative purchasing and authorizing the City to piggyback onto
the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista
for the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A
PEG 500A SUVs in an amount not to exceed $118,881.03.
(Engineering/Public Works)
4. Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the
amount of $552,952.55. (Finance)
4 of 159
5. Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the
amount of $1,113,274.01. (Finance)
6. Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the
amount of $1,334,676.58. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
NON CONSENT RESOLUTIONS
7. Resolution of the City Council of the City of National City: (1) approving an
Affordable Housing Density Bonus Agreement with Kimball Apartments, LLC,
a California limited liability company, restricting the rent and occupancy of five
(5) units to moderate income households in exchange for one density bonus
concession pursuant to California Government Code Sections 65915 — 65918
for the development of 52 housing units located at 1126 E 8th Street in
National City; and (2) approving a Subordination and Intercreditor Agreement
with Citizens Business Bank subordinating said Affordable Housing Density
Bonus Agreement. (Housing Authority)
8. Resolution of the City Council of the City of National City: 1) authorizing the
Mayor to execute a Power Your Drive for Parks Public Electric Vehicle
Charging Program Participation Agreement with San Diego Gas & Electric
Company (SDG&E) for the installation of six Electric Vehicle Charging
Stations, associated equipment and infrastructure, at Las Palmas Park
(located at 1810 E. 22nd Street) to be used by the public, at their own
expense, as part of SDG&E's "Power Your Drive for Parks" Program, and 2)
granting and authorizing the recordation of an easement on parcel No. 561-
360-35-00 to SDG&E for the installation of electric vehicle charging station
infrastructure. (Engineering/Public Works)
9. Resolution of the City Council of the City of National City: 1) awarding a
contract to Eagle Paving Company, Inc. in the not -to -exceed amount of
$1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP
No. 19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for
any unforeseen changes; and 3) authorizing the Mayor to execute the
contract. (Engineering/Public Works)
10. Resolution of the City Council of the City of National City, California,
approving update to City Council Policy No. 107 entitled: Appointments to
Boards, Commissions and Committees. (City Manager)
NEW BUSINESS
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
5 of 159
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
11. Presentation on City owned Real Property available for future development.
(Housing Authority)
12. 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 -
February 16, 2021 - 6:00 p.m. - Council Chambers - National City, California.
6 of 159
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.
7 of 159
Item #
02/02/21
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)
8 of 159
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City: 1) accepting the work performed by Portillo Concrete,
Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP
No. 19-17; 2) approving the final contract amount of $531,571.79; 5) ratifying the release of
retention in the amount of $26,578.59; and 6) ratifying the signing of the Notice of
Completion for the project. (Engineering/Public Works)
Please scroll down to view the backup material.
9 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) accepting the work performed by Portillo
Concrete, Inc. for the Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP
No. 19-17; 2) approving the final contract amount of $531,571.79; 3) ratifying the release of retention in
the amount of $26,578.59; and 4) ratifying the signing of the Notice of Completion for the project.
PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil 1-1-DEPARTMENT: Engi
PHONE: 619-336-4388
EXPLANATION:
See attached.
C. • _ _ - - /Public Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
A CEQA Categorical Exemption was determined on March 1, 2018.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution accepting the work performed by Portillo Concrete, Inc. for the Division Street — Euclid Avenue to
Harbison Avenue Bicycle Improvements, CIP No. 19-17 and approving the final contract amount of $531,571.79.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Notice of Completion
3. Final Contract Balance Report
4. Resolution
10 of 159
The project provided street resurfacing and restriping on Division Street between Euclid
Avenue and Harbison Avenue that included a "road diet" for traffic calming, converting
four travel lanes to two travel lanes with a two-way left -turn center lane, Class II bike
lanes, parallel parking, and pedestrian enhancements.
On January 16, 2020, the bid solicitation was posted on PlanetBids, a free public
electronic bidding system for contractors. On January 21, 2020 and January 27, 2020,
the bid solicitation was advertised in local newspapers.
On February 4, 2020, four (4) bids were received by the 2:00 p.m. deadline. Bid results
were immediately available for viewing on PlanetBids. Portillo Concrete, Inc. was the
apparent lowest bidder with a total bid amount of $514,930.00. Upon review of all
documents submitted, Portillo Concrete, Inc.'s bid was deemed responsive, and they
were the lowest responsible bidder qualified to perform the work as described in the
project specifications.
On March 17, 2020, the City Council adopted Resolution No. 2020-40 awarding the
contract to Portillo Concrete, Inc., in the not -to -exceed amount of $514,930.
The Notice to Proceed with construction was issued on May 6, 2020. Construction
started on May 27, 2020 and was completed on September 21, 2020.
The change orders issued for this project are detailed in the Final Contract Balance
Report (see attached). The change orders increased the contract by $2,309.14, and
line item adjustments increased the contract by $14,332.65 for a net contract increase
of $16,641.79. This results in a 3.2% contract increase for a final contract balance of
$531,571.79.
As a result of satisfactory completion of the project, staff recommends that City Council,
1) accept the work of Portillo Concrete, Inc., for the Division Street — Euclid Avenue to
Harbison Avenue Bicycle Improvements, GIP No. 19-17; 2) approve the final contract
amount of $531,571.79; 4) ratify the release of retention in the amount of $26,578.59;
and 4) ratify the signing of the Notice of Completion for the project.
The Notice of Completion will be filed with the San Diego County Recorder's Office.
11 of 159
RECORDING REQUESTED BY
MIEN RECORDED MAIL. TO
NAME: CITY OF NATIONAL CITY
ADDRESS: 243 NATIONAL CITY BOULEVARD
NATIONAL CITY. CA 91950
O�fCE OF COMPLET[ON
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on September 22, 2020 of the:
Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements, CIP No. 19-17
Work of improvement or portion of work of improvement under construction or alteration.
National City CA 91950
Street Address
City State Zip Code
The undersigned owns the following interest or estate in said property:
Owner in fee
Nature of the inleresl or estate of owner ( mortgagor. lessee. etc.)
Said work of improvement was performed on the property pursuant to a contract with
Portillo Concrete, Inc.
Name of Original Contractor
The following work and material were supplied:
Labor provided: Traffic Signal Labor, General Laborer. Materials: Concrete. Asphalt, Electrical,
Traffic Signal supplies, Traffic Control supplies. Equipment: Paving, Traffic Signal, Concrete
equipment.
General statement of kind of labor. services. equipment or materials
The names and addresses of co -owners are: N/A
Dated: December 8, 2020;
Joint tenants.
is in co or •they ow
Signature of Owner
City of National City. 1243 National City Blvd.. National City. CA 91950
I, the undersigned. say: I have read the foregoing Notice of Completion and know the contents
thereof; the same is true of my own knowledge. I declare under penalty of pet j ury that the forgoing
is true and correct.
Executed on Decen er
, �•- �;�_ -�% California.
Signature: / r ���
ALEJA'�I7-� S�/� `LS-SOLIS, MAYOR
tional
12 of 159
-6--. CALIFORNIA -e
NICTIONAL
CITY
U
INCORPORATED
FINAL CONTRACT BALANCE
DATE: September 30, 2020
PROJECT: Division - Euclid to Harbison Imp.
FY 19-20
CIP No. 19-17
TO:
Portillo Concrete, Inc.
3527 Citrus St.
Lemon Grove, CA 91945
ORIGINAL CONTRACT AMOUNT:
START DATE:
COMPLETION DATE:
ORIGINAL CONTRACT LENGTH:
EXTENTION OF WORK DAYS:
WORKING DAYS SUSPENDED:
TOTAL CONTRACT TIME:
DESCRIPTION:
$514,930.00
May 27, 2020
September 21, 2020
50 Working Days
1 Working Days
33 Working Days
84 Working Days
The Final Contract Balance reports final line item amounts and summarizes all change orders to produce
a final contract amount.
CHANGE ORDERS AND LINE ITEM ADJUSTMENTS:
Change Order #1 directed the contractor to relocate the LED foundation, construct a remote pedestrian
push button and relocate existing conduit, and modify an existing trench conduit in order to relocate the
foundation location to meet ADA compliance as the contractor encountered existing communication
conduits in conflict with the original planned location. This Change Order total amount was $ 2,309.14.
All Change Orders listed above increased the total contract amount by $2,309.14.
Line item adjustments per the attached FINAL BILLING STATEMENT resulted in an increase of
$14,332.65.
CONTRACT ADJUSTMENT:
As a result of the above change orders and line item adjustments, the contract price is adjusted as
follows:
1. The contract price with change order and line items is adjusted to $531,571.79.
13 of 159
FINAL CONTRACT BALANCE
Division Street Traffic Calming Project
Specification No. 16-09
2. As a result of the satisfactory completion of said project, a retention amount of $26,578.59 is set
for invoice processing and payment upon the receipt of signatures and City Council's ratification
of this agreement and the Notice of Completion.
This document and its purpose to balance payment shall be considered full compensation for furnishing
and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for
performing the work described above. Portillo Concrete, Inc. will not be entitled to damages or
additional payment for delays as described in the 2018 edition of the Standard Specifications for Public
Works Construction, Section 6-6.3, for performing the work as described above.
14 of 159
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City waiving the formal bid process pursuant to National City
Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City
to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula
Vista for the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A
SUVs in an amount not to exceed $118,881.03. (Engineering/Public Works)
Please scroll down to view the backup material.
15 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to
National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the
City to piggyback onto the County of San Diego's Purchase Order 562779-0 with Ford of Chula Vista for
the purchase of three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs in an amount
not to exceed $118,881.03.
PREPARED BY: Tirza Gonzales, Management Analyst II DEPARTMENT: Engi -:. rig g /P blic Works
PHONE: 619-336-4318 APPROVED BY:
EXPLANATION:
See staff report.
FINANCIAL STATEMENT: APPROVED: ,'S����2t)' FINANCE
ACCOUNT NO. APPROVED: MIS
644-411-000-511-0000 (Equipment Replacement Reserve) - $118,881.03.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Adopt the resolution awarding the purchase and of three (3) new 2021 Ford Police Interceptor SUVs.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Explanation
2. Quote
3. Resolution
Explanation:
As part of the FY21 annual budget, City Council approved funding through the
Equipment Replacement Reserve for the purchase of two (2) patrol and one (1) K-9
vehicles, for a total of three (3) vehicles, for the National City Police Department. Staff
desires to purchase three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A
SUVs, Consistent with Section 2,60.260 of the National City Municipal Code (NCMC)
regarding cooperative purchasing, there is an opportunity to piggyback onto the County
of San Diego's Purchase Order 562779-0 with Ford of Chula Vista to allow for the
purchase of three (3) Ford AWD Police Interceptor K8A PEG 500A SUVs, Piggybacking
allows the City to take advantage of competitively bid pricing. In addition, fleet
managers typically reach out to local dealerships to acquire stock vehicles, prior to
shipping to specialty shops for installation of aftermarket buildouts and customizations.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other
public jurisdictions to take advantage of cooperative purchasing opportunities, including
but not limited to any federal, state or local agency pricing program or structure that is
determined by the purchasing agent to allow a procurement that is in the best interests
of the City. The purchasing agent may buy directly from a vendor at a price established
through competitive bidding by another public agency whose procedures have been
determined by the purchasing agent to be in substantial compliance with the City's
procurement procedures, irrespective of the contracting limits of that jurisdiction or
agency, even if the City had not initially joined with that public agency in the cooperative
purchase.
National City's Purchasing staff has confirmed that the County of San Diego's Purchase
Order 562779-0 with Ford of Chula Vista was competitively bid conducted via Buy Net,
the County of San Diego's designated Purchasing Venue, and that the procurement
procedures are in substantial compliance with those of National City. Staff also
confirmed by efforts made through additional purchasing channels, including Sourcewell
(formerly "National Powers Joint Alliance") and National City Mile of Cars, that the
County of San Diego's Purchase Order was the most cost-effective option.
Therefore, staff requests that City Council authorize the Mayor to award the purchase of
three (3) new 2021 Ford AWD Police Interceptor K8A PEG 500A SUVs to Ford of Chula
Vista in an amount not to exceed $118,881.03, consistent with Section 2,60.260 of the
National City Municipal Code regarding cooperative purchasing, by piggybacking onto
the County of San Diego's Purchase Order 562779-0.
The funding to purchase this vehicle was approved by City Council through adoption of
the FY 2021 annual budget.
17 of 159
EXHIBIT A
Ford of Chula Vista
560 Auto park Dr
ChulaVlsta, Ca 91911
John Morshead
Master Certified Commercial Fleet Manager
(619)656-3311 Mobile (619)206-1033
Date;17 November 2020
Deal/Invoice; TBE
RFCt: 2021 KM Interceptor
Unit & Extended Pricing 3 Units
To: City of National City
Attn: Ruben Huerta
2100 Hoover Avenue
City: National City
Phone: {619) 496-61.18
[mail: Rhuerta@nationalcityca.gov
State: CA
11
Zip: 91950
QTY _ T
Unit Price Total
3 Ea
'21 Ford AWO Police interceptor KSA PEG 500A
$35,608,00
$106,824.00
VIN;1FM5K8AW-MNA ,et,seq.
3 Ea
Tu-Tone Paint Scheme COSD YZ Roof & Front Doors
$795.00
$2,385.00
Applied to Standards acceptable to SD County Sheriffs Dept.
3 Ea
CA Sales Tax @ 8.75%
$3,185,26
$9,555.78
3 Ea
Ca Tire Fee @ $1.75 per Tire
$8.75
$26.25
3 Ea
Ca Electronic Filing Fee State Mandated to dealers 7a 1/1/20
$30,00
$90.00
8 Ea
Estimated CA DMV
EXEMPT
EXEMPT
Noted: Requested Exterior Color Code UM
Agate Black.
F013 No Freight to be Charged
Unit Price Sub Total
$39,627,01
Total Due:
$1.1.8,8a1.03
Terms: Net 30
Ford of Chula Vista
560 Auto Park Dr
Chula Vista, Ca 91911
(619)656-2500
Primary E-mail:
Ford Of ula Vista
JoMorsh• .•i : • tMgr.
41Fly of N..' onal City
Designated Signer
Wire Instructions; 11111111111.
CV Automotive Group inc DBA Ford of Chula Vista
Routing it:
Acct it: -
18 of 159
The following page(s) contain the backup material for Agenda Item: Warrant Register #25
for the period of 12/16/20 through 12/22/20 in the amount of $552,952.55. (Finance)
Please scroll down to view the backup material.
19 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #25 for the period of 12/16/20 through 12/22/20 in the amount of $552,952.55.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 12/16/20 - 12/22/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount
Public Emp Ret System 121620 262,559.70
Public Emp Ret System 121720 263,650.53
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $552,952.55.
Explanation
Service Period 11/3/20-11/16/20
Service Period 11 /17/20-11 /30/20
APPROVED: ����^yr 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 $552,952.55.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 25
1 if
_`4+ CALIFORNI
N,, . ,' .ON LPL �
ZNCORPORAT
WARRANT REGISTER # 25
12/22/2020
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WIRED PAYMENTS
ARCO BUSINESS SOLUTIONS
PUBLIC EMP RETIREMENT SYSTEM
PUBLIC EMP RETIREMENT SYSTEM
NO WARRANTS PROCESSED FOR WEEK 25
A/P Total 0.00
CITYWIDE FUEL CHGS 11/01/20-11/30/2020 18108 12/17/20 26,742.32
SERVICE PERIOD 11/03/2020-11/16/2020 121620 12/16/20 262,559.70
SERVICE PERIOD 11/17/20-11/30/2020 121720 12/17/20 263,650.53
GRAND TOTAL $ 552,952.55
1/1
21 of 159
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021.
AYES
NAYS
ABSENT
22 of 159
The following page(s) contain the backup material for Agenda Item: Warrant Register #26
for the period of 12/23/20 through 12/29/20 in the amount of $1,113,274.01. (Finance)
Please scroll down to view the backup material.
23 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #26 for the period of 12/23/20 through 12/29/20 in the amount of $1,113,274.01.
(Finance) '
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, below are the payments issued for period 12/23/20 - 12/29/20.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
No Payments over $50,000 for this period
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED: � arld--,FINANCE
APPROVED: MIS
Warrant total $1,113,274.01.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $1,113,274.01.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 26
24 of 159
1 if
_` + CALIFORNI,
ZNCORFORAT
WARRANT REGISTER # 26
12/29/2020
PAYEE DESCRIPTION CHK NO DATE AMOUNT
NO WARRANTS PROCESSED FOR WEEK 26
PAYROLL
Pay period Start Date End Date Check Date
26 12/1/2020 12/14/2020 12/23/2020
A/P Total 0.00
1,113,274.01
GRAND TOTAL $ 1,113,274.01
1/1
25 of 159
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021.
AYES
NAYS
ABSENT
26 of 159
The following page(s) contain the backup material for Agenda Item: Warrant Register #27
for the period of 12/30/20 through 1/05/21 in the amount of $1,334,676.58. (Finance)
Please scroll down to view the backup material.
27 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #27 for the period of 12/30/20 through 1/05/21 in the amount of $1,334,676.58.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: FinanceR,.,v%eritt,.—}
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, below are the payments issued for period 12/30/20 - 1/05/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
SDG&E 350757 55,630.16 Gas and Electric Utilities / PW
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,334,676.58.
APPROVED: 61
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $1,334,676.58.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 27
28 of 159
_`4+ CALIFORNI
N,, .,'.ONAL �
ZNCORPORAT
WARRANT REGISTER # 27
1/5/2021
PAYEE DESCRIPTION
ACEDO, I RETIREE HEALTH BENEFITS - JAN 2021
ANDERSON, E RETIREE HEALTH BENEFITS - JAN 2021
BEARD, P RETIREE HEALTH BENEFITS - JAN 2021
BECK, L RETIREE HEALTH BENEFITS - JAN 2021
BISHOP, R RETIREE HEALTH BENEFITS - JAN 2021
BOEGLER, C RETIREE HEALTH BENEFITS - JAN 2021
BULL, P RETIREE HEALTH BENEFITS - JAN 2021
CAMEON, C RETIREE HEALTH BENEFITS - JAN 2021
CARRILLO, R RETIREE HEALTH BENEFITS - JAN 2021
COLE, L RETIREE HEALTH BENEFITS - JAN 2021
COLLINSON, C RETIREE HEALTH BENEFITS - JAN 2021
CONDON, D RETIREE HEALTH BENEFITS - JAN 2021
CORDERO, E RETIREE HEALTH BENEFITS - JAN 2021
DALLA, M RETIREE HEALTH BENEFITS - JAN 2021
DANESHFAR, Z RETIREE HEALTH BENEFITS - JAN 2021
DEESE, L RETIREE HEALTH BENEFITS - JAN 2021
DESROCHERS, P RETIREE HEALTH BENEFITS - JAN 2021
DIAZ, M RETIREE HEALTH BENEFITS - JAN 2021
DILLARD, S RETIREE HEALTH BENEFITS - JAN 2021
DREDGE, J RETIREE HEALTH BENEFITS - JAN 2021
EISER III, G RETIREE HEALTH BENEFITS - JAN 2021
ESPIRITU, D RETIREE HEALTH BENEFITS - JAN 2021
ETZLER, J RETIREE HEALTH BENEFITS - JAN 2021
FABINSKI, D RETIREE HEALTH BENEFITS - JAN 2021
FERNANDEZ, R RETIREE HEALTH BENEFITS - JAN 2021
FIFIELD, K RETIREE HEALTH BENEFITS - JAN 2021
GAUT, A RETIREE HEALTH BENEFITS - JAN 2021
GELSKEY, K RETIREE HEALTH BENEFITS - JAN 2021
GIBBS JR, R RETIREE HEALTH BENEFITS - JAN 2021
GONZALES, M RETIREE HEALTH BENEFITS - JAN 2021
HANSON, E RETIREE HEALTH BENEFITS - JAN 2021
HARLAN, M RETIREE HEALTH BENEFITS - JAN 2021
HAUG, S RETIREE HEALTH BENEFITS - JAN 2021
HERNANDEZ, G RETIREE HEALTH BENEFITS - JAN 2021
HERNANDEZ, M RETIREE HEALTH BENEFITS - JAN 2021
HERNANDEZ, R RETIREE HEALTH BENEFITS - JAN 2021
HODGES, B RETIREE HEALTH BENEFITS - JAN 2021
IBARRA, J RETIREE HEALTH BENEFITS - JAN 2021
JONES, D RETIREE HEALTH BENEFITS - JAN 2021
JUNIEL, R RETIREE HEALTH BENEFITS - JAN 2021
KIMBLE, R RETIREE HEALTH BENEFITS - JAN 2021
KLOS, F RETIREE HEALTH BENEFITS - JAN 2021
LAFRENIERE, M RETIREE HEALTH BENEFITS - JAN 2021
LEACH, D RETIREE HEALTH BENEFITS - JAN 2021
LIMFUECO, M RETIREE HEALTH BENEFITS - JAN 2021
MATIENZO, M RETIREE HEALTH BENEFITS - JAN 2021
MCCABE, T RETIREE HEALTH BENEFITS - JAN 2021
MCDANIEL, P RETIREE HEALTH BENEFITS - JAN 2021
1/5
CHK NO DATE AMOUNT
350587 1/5/21 160.00
350588 1/5/21 110.00
350589 1/5/21 70.00
350590 1/5/21 140.00
350591 1/5/21 110.00
350592 1/5/21 260.00
350593 1/5/21 580.00
350594 1/5/21 400.00
350595 1/5/21 290.00
350596 1/5/21 165.00
350597 1/5/21 420.00
350598 1/5/21 280.00
350599 1/5/21 520.00
350600 1/5/21 900.00
350601 1/5/21 250.00
350602 1/5/21 660.00
350603 1/5/21 110.00
350604 1/5/21 680.00
350605 1/5/21 480.00
350606 1/5/21 250.00
350607 1/5/21 250.00
350608 1/5/21 620.00
350609 1/5/21 460.00
350610 1/5/21 220.00
350611 1/5/21 270.00
350612 1/5/21 540.00
350613 1/5/21 700.00
350614 1/5/21 115.00
350615 1/5/21 120.00
350616 1/5/21 480.00
350617 1/5/21 135.00
350618 1/5/21 500.00
350619 1/5/21 120.00
350620 1/5/21 500.00
350621 1/5/21 600.00
350622 1/5/21 400.00
350623 1/5/21 200.00
350624 1/5/21 780.00
350625 1/5/21 480.00
350626 1/5/21 50.00
350627 1/5/21 300.00
350628 1/5/21 480.00
350629 1/5/21 660.00
350630 1/5/21 600.00
350631 1/5/21 160.00
350632 1/5/21 100.00
350633 1/5/21 280.00
350634 1/5/21 290.00
29 of 159
_` + CALIFORNI
N,, .,'.ONAL �
ZNCORFORAT
WARRANT REGISTER # 27
1/5/2021
PAYEE DESCRIPTION CHK NO DATE AMOUNT
MEDINA, D RETIREE HEALTH BENEFITS - JAN 2021 350635 1/5/21 105.00
MEEKS, J RETIREE HEALTH BENEFITS - JAN 2021 350636 1/5/21 460.00
MENDOZA, G RETIREE HEALTH BENEFITS - JAN 2021 350637 1/5/21 290.00
MINER, D RETIREE HEALTH BENEFITS - JAN 2021 350638 1/5/21 580.00
MORRISON, R RETIREE HEALTH BENEFITS - JAN 2021 350639 1/5/21 520.00
NAGLE, D RETIREE HEALTH BENEFITS - JAN 2021 350640 1/5/21 460.00
NOTEWARE, D RETIREE HEALTH BENEFITS - JAN 2021 350641 1/5/21 120.00
OLIVARES, G RETIREE HEALTH BENEFITS - JAN 2021 350642 1/5/21 280.00
OLIVERIA, H RETIREE HEALTH BENEFITS - JAN 2021 350643 1/5/21 360.00
PAUU JR, P RETIREE HEALTH BENEFITS - JAN 2021 350644 1/5/21 340.00
PEASE JR, D RETIREE HEALTH BENEFITS - JAN 2021 350645 1/5/21 140.00
PETERS, S RETIREE HEALTH BENEFITS - JAN 2021 350646 1/5/21 290.00
POST, R RETIREE HEALTH BENEFITS - JAN 2021 350647 1/5/21 280.00
RAY, S RETIREE HEALTH BENEFITS - JAN 2021 350648 1/5/21 190.00
ROARK, L RETIREE HEALTH BENEFITS - JAN 2021 350649 1/5/21 135.00
RODRIGUEZ, M RETIREE HEALTH BENEFITS - JAN 2021 350650 1/5/21 260.00
RUIZ, J RETIREE HEALTH BENEFITS - JAN 2021 350651 1/5/21 310.00
SANCHEZ, L RETIREE HEALTH BENEFITS - JAN 2021 350652 1/5/21 330.00
SERVATIUS, J RETIREE HEALTH BENEFITS - JAN 2021 350653 1/5/21 340.00
SHOEMAKER, M RETIREE HEALTH BENEFITS - JAN 2021 350654 1/5/21 480.00
SHORT, C RETIREE HEALTH BENEFITS - JAN 2021 350655 1/5/21 300.00
SILVA, L RETIREE HEALTH BENEFITS - JAN 2021 350656 1/5/21 580.00
SMITH, J RETIREE HEALTH BENEFITS - JAN 2021 350657 1/5/21 320.00
SMITH, M RETIREE HEALTH BENEFITS - JAN 2021 350658 1/5/21 560.00
STEWART, W RETIREE HEALTH BENEFITS - JAN 2021 350659 1/5/21 200.00
STRASEN, W RETIREE HEALTH BENEFITS - JAN 2021 350660 1/5/21 135.00
TIPTON, B RETIREE HEALTH BENEFITS - JAN 2021 350661 1/5/21 250.00
VERRY, L RETIREE HEALTH BENEFITS - JAN 2021 350662 1/5/21 280.00
VILLAGOMEZ, J RETIREE HEALTH BENEFITS - JAN 2021 350663 1/5/21 480.00
WHITE, J RETIREE HEALTH BENEFITS - JAN 2021 350664 1/5/21 230.00
YBARRA, Y RETIREE HEALTH BENEFITS - JAN 2021 350665 1/5/21 220.00
RETIREE HEALTH DEPARTMENT 27,070.00
ACME SAFETY & SUPPLY CORP 8 - CLASS 3 REF HOODED SWEAT SHIRTS 350666 1/5/21 628.31
ADDICTION MEDICINE DOT DRUG & ALCOHOL TESTING PROGRAM 2021 350667 1/5/21 1,350.00
ALDEMCO FOOD NUTRITION 350668 1/5/21 4,386.72
ALL FRESH PRODUCTS COVID 19 CONSUMABLES 350669 1/5/21 1,341.00
ANDERSON JR, S CITATION REFUND - AUG 2020 350670 1/5/21 10.00
ANDERSON, S TRAINING REIMB INTR INTRRG STEVENS 350671 1/5/21 59.55
ANGELO'S TOWING AND RECOVERY TOW SERVICE FOR NCPD 350672 1/5/21 180.00
BALLARDO, D TRAINING REIMB RADAR BALLARDO 350673 1/5/21 24.00
BASTIDA, J TRAINING ADV LDG RPT WRTNG BASTIDA 350674 1/5/21 114.18
BICKMORE ACTUARIAL GEN LIABILITY INS & WC CLAIM COST 350675 1/5/21 4,500.00
BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW 350676 1/5/21 242.44
BRIONES RANGEL, JOSE CITATION REFUNDS - AUG 2020 350677 1/5/21 10.00
BROADWAY AUTO GLASS OFF -SITE WINDOW TINT, REPAIR 350678 1/5/21 272.40
CALIFORNIA ASSOCIATION OF CODE CACEO WEBINAR SORIANO / NSD 350679 1/5/21 75.00
CALIFORNIA DIESEL COMPLIANCE DPF SERVICE STAGE I PNEUMATIC 350680 1/5/21 335.00
CALIFORNIA PARK ASSOCIATION CPRS ELYANA DELGADO MEMBERSHIP 350681 1/5/21 145.00
2/5
30 of 159
PAYEE
CALIFORNIA PARK ASSOCIATION
CALIFORNIA PUBLIC
CANNON, JAMES
CHAPEL, S
CITY OF LEMON GROVE
CLAIMS MANAGEMENT ASSOCIATES
CLF WAREHOUSE INC
CODDINGTON LOCK AND SECURITY
COMMERCIAL AQUATIC SERVICE INC
CONCENTRA MEDICAL CENTERS
CUMMING CHEVROLET
DANIELS TIRE SERVICE
DAVIS, D
DIAZ, E
DISCOUNT SPECIALTY CHEMICALS
D-MAX ENGINEERING INC
DOUGHERTY, J
ERGOSTOP INC.
EXPRESS PIPE AND SUPPLY
FACTORY MOTOR PARTS
FITCHHORN, K
GARCIA, ANGELINA
GARCIA, LORRAINE
GENERAL BEAD
GERONIMO, ENRIQUE
GONZALES, MANUEL
GONZALEZ, MARIA
HAAKER EQUIPMENT COMPANY
HAMEL, K
HEDGEPETH JR, LARRY
HERRERA GARCIA, JUAN
HOME DEPOT CREDIT SERVICES
JANI-KING OF CALIFORNIA INC
JJJ ENTERPRISES
KREPPS, B
LOPEZ, GORDON
LOZANO, M
LUJAN JR, T
MABRY, CHARLES
MASON'S SAW
MAZZARELLA & MAZZARELLA LLP
METEAU JR, R
MEYERS, NAVE, RIBACK, SILVER
MIRAMAR BOBCAT INC
MORENO, ROSA LINDA
MYERS & SONS HI -WAY SAFETY INC
NAN MCKAY AND ASSOCIATES INC
NATIONAL CITY CAR WASH
`+ CALIFRN�,
N,, .,'.ONaL eirivc
ZNCORPORAT
WARRANT REGISTER # 27
1/5/2021
DESCRIPTION
CPRS JUANITA CASTANEDA MEMBERSHIP
CPPA HEARING OFFICER MOATS / NSD
CITATION REFUNDS - AUG 2020
REIMBURSEMENT/CHAPEL/CONFERENCE TRAINING
LIABILITY CLAIM COST
PROFESSIONAL SERVICES
MOP 80331 AUTO SUPPLIES - PW
CITYWIDE ON -SITE ELECTRONIC DOOR
CHEMICALS - CHLORINE, ACID TABLETS
PRE -EMPLOYMENT PHYSICAL
MOP 45751 AUTO SUPPLEIS - PW
TIRES FOR CITY FLEET FOR FY 2021
TRAINING REIM INTR INTERRG DAVIS / PD
EDUCATION REIMBURSEMENT
CONCENTRATE DEGREASER
T&A90184 COURTYARDS AT KIMBALL
TRAINING ADV POST SUB ICI HOMCD
SOMA SUPPORT TALL THORACIC BACK CHAIR
10- ZURN E-Z FLUSH SENSOR OPRTD BATTERY
MOP 82766 AUTO SUPPLIES - PW
TRAINING ADV POST SUB FTO
CITATION REFUNDS - AUG 2020
CITATION REFUND - AUG 2020
556-104-01-00 317 NATIONAL CITY BLVD
CITATION REFUND - AUG 2020
CITATION REFUND - AUG 2020
CITATION REFUNDS - AUG 2020
QCD HUB ADAPTOR FOR CAMERA
EDUCATION REIMBURSEMENT
CITATION REFUNDS - AUG 2020
LICENSE REIMBURSEMENT
1-1/8 RTHMR M18 FUEL SDS
COVID-19 JANITORIAL CLEANING SERIVCES
FIRE AND SECURITY ALARM MONITORING
EDUCATION REIMBURSEMENT
CITATION REFUNDS - AUG 2020
TRAINING REIM RADR LOZANO
LICENSE REIMBURSEMENT
CITATION REFUNDS - AUG 2020
MOP 45729 EQUIPMENT SUPPLIES AND REPAIR
LIABILITY CLAIM COST
2021SCPMA-HR MEMBERSHIP
LEGAL SERVICES
KIT CAMERA REAR
CITATION REFUND - AUG 2020
100743, FLAG VINYL 181N ORANGE WOOD
PAY FOR ANNUAL REVISIONS TO MB FOR SECTION 8
CARWASH SERVICES FOR FLEET FY 2021
3/5
CHK NO
350682
350683
350684
350685
350686
350687
350688
350689
350690
350691
350692
350693
350694
350695
350696
350697
350698
350699
350700
350701
350702
350703
350704
350705
350706
350707
350708
350709
350710
350711
350712
350713
350714
350715
350716
350717
350718
350719
350720
350721
350722
350723
350724
350725
350726
350727
350728
350729
DATE
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
AMOUNT
145.00
175.00
10.00
150.00
1,094.56
7,200.00
138.42
1,761.04
2,380.21
80.00
23.74
7,671.83
59.55
379.92
361.63
703.19
1,701.00
961.02
2,021.34
88.69
780.00
10.00
10.00
1,748.59
10.00
45.00
10.00
533.30
436.35
90.00
82.00
433.91
12,218.92
450.00
300.00
10.00
24.00
86.50
230.00
293.33
375.00
50.00
10,180.59
801.51
10.00
476.91
257.52
340.00
31 of 159
PAYEE
NORIEGA, CARLOS
OFFICE SOLUTIONS BUSINESS
O'REILLY AUTO PARTS
OROPEZA, LILIA
OSUNA, KARLA
PACIFIC AUTO REPAIR
PACIFIC REFRIGERATION INC
PACIFIC STATES PETROLEUM INC
PARTS AUTHORITY METRO LLC
PENSKE FORD
POWERSTRIDE BATTERY CO INC
PRO BUILD COMPANY
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
RAMIREZ, MARTHA
RAYO, RENE
RIO HONDO COLLEGE
RMG COMMUNICATIONS
RODRIGUEZ, MARIS
RUIZ SILVA, HECTOR
RUSSELL, CALVIN
SAM'S ALIGNMENT
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PLASTICS INC
SANDOVAL, JUAN
SANDOVAL, VICTOR
SDG&E
SEGAL, M
SHARP REES STEALY MED GROUP
SITEONE LANDSCAPE SUPPLY LLC
SMART SOURCE OF CALIFORNIA LLC
SNAP -ON INDUSTRIAL
SOSA, P
SOUTH COAST EMERGENCY
SOUTHERN CALIF TRUCK STOP
SOUTHWEST LEASING & SALES
SOUTHWEST SIGNAL SERVICE
STAPLES BUSINESS ADVANTAGE
STEVENS, C
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
TAYLOR, J
TELECOM LAW FIRM P C
TERMINIX INTERNATIONAL
THOMSON REUTERS WEST
TODD PIPE & SUPPLY LLC
TOPETE, MARY
TRILLO, JEOVANNA
`+ CALIFRN�,r
N,, .,'.ONaL eirivc
ZNCORPORAT
WARRANT REGISTER # 27
1/5/2021
DESCRIPTION
CITATION REFUNDS - AUG 2020
MOP 83778 OFFICE SUPPLIES / NSD
MOP 75877 AUTO SUPPLIES - PW
CITATION REFUND - AUG 2020
CITATION REFUNDS - AUG 2020
SMOG CERTIFICATION / REPAIRS FOR CITY
PROVIDE ON -SITE COMMERCIAL
HYDRAULIC OIL & ENGINE OIL
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES FY 2021
MOP 67839 GENERAL SUPPLIES - PW
MOP 45707 GENERAL SUPPLIES - PW
TEMP SVC / NSD
MOP 45742 LAUNDRY SERVICES - PW
CITATION REFUNDS - AUG 2020
CITATION REFUNDS - AUG 2020
TRAINING TUITION SUPERVISORY
RMG COMMUNICATIONS PROJECT MANAGEMENT
CITATION REFUNDS - AUG 2020
CITATION REFUNDS - AUG 2020
CITATION REFUNDS - AUG 2020
WHEEL ALIGNMENT SERVICE FOR CITY
TRAINING TUITION ROT SHANAHAN / PD
PVCX SHEET KOMALU STD WHITE/BLACK 3MM
CITATION REFUNDS - AUG 2020
CITATION REFUNDS - AUG 2020
GAS AND ELECTRIC UTILITIES / PW
TRAINING POST ADV SUB ICI HOMICIDE
PRE -EMPLOYMENT PHYSICALS
MOP 69277 LANDSCAPE SUPPLIES - PW
BUSINESS CARDS OLSON / NSD
PROLINK EDGE TRADE TRAN NON-FSS-EEHD
TRAINING REIM INTR INTRROG / PD
AUTO CHARGE 1200 REMOTE
MOP 45758 GENERAL AUTO SUPPLIES - PW
LIABILITY CLAIM COST
STREET LIGHTING REPAIRS / PW
OFFICE SUPPLIES ICAO
TRAINING REIMBUR FIREARMS / PD
WATER BILL FOR FACILITIES FY 2021
FOOD / NUTRITION
TRAINING REIMB FOR POST PLAN 4
PROFESSIONAL SERVICES / CAO
ON -SITE PEST CONTROL SERVICES
LEGAL PUBLICATION UPDATES/CAO
AMTC AEF-300 AUTOMATIC FAUCET
CITATION REFUNDS - AUG 2020
CITATION REFUNDS - AUG 2020
4/5
CHK NO
350730
350731
350732
350733
350734
350735
350736
350737
350738
350739
350740
350741
350742
350743
350744
350745
350747
350748
350749
350750
350751
350752
350753
350754
350755
350756
350757
350758
350759
350760
350761
350762
350763
350764
350765
350766
350767
350768
350769
350770
350771
350772
350773
350774
350775
350776
350777
350778
DATE
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
1/5/21
AMOUNT
10.00
45.87
566.82
36.00
20.00
1,100.00
1,612.36
1,210.15
1,274.82
1,433.40
92.76
536.35
3,680.00
1,033.64
10.00
70.00
228.00
1,625.00
25.00
10.00
10.00
291.00
23.00
913.50
10.00
10.00
55,630.16
1,701.00
914.00
1,301.65
86.95
3,756.10
59.55
1,888.04
18.54
860.00
23,920.83
147.39
354.07
30,181.05
2,257.59
59.55
1,944.00
4,055.00
1,656.35
36,403.74
10.00
10.00
32 of 159
PAYEE
T'S & SIGNS
U S BANK
UNITED ROTARY BRUSH CORP
VALLEY INDUSTRIAL SPECIALTIES
VELARDE, ROBERTO
VIORA, B
VORTEX INDUSTRIES INC
VULCAN MATERIALS COMPANY
WAXIE SANITARY SUPPLY
WETMORES
WILLY'S ELECTRONIC SUPPLY
SECTION 8 HAPS
_`4+ CALIFORNI
N,, .,'.ONAL Cirirc
ZNCORFORAT
WARRANT REGISTER # 27
1/5/2021
DESCRIPTION
BANNER- MIKE DALLA'S RETIREMENT
TRAINING CREDT CARD PD
STREET SWEEPER REPAIRS AND MAINTENANCE
MOP 46453 BUILDING SUPPLIES - PW
CITATION REFUNDS - AUG 2020
EDUCATION REIMBURSEMENT
CITYWIDE ON -SITE SERVICE & REPAIRS
ASPHALT, TACK, 3/8 SHEET FY 21
MISCELLANEOUS JANITORIAL SUPPLIES
MOP 80333 AUTO SUPPLIES - PW
MOP 45763 ELECTRIC SUPPLIES - PW
Start Date
12/30/2020
End Date
1/5/2021
GRAND TOTAL
CHK NO DATE AMOUNT
350779 1/5/21 146.81
350780 1/5/21 2,544.33
350781 1/5/21 848.22
350782 1/5/21 91.12
350783 1/5/21 10.00
350784 1/5/21 765.65
350785 1/5/21 4,265.48
350786 1/5/21 556.88
350787 1/5/21 3,141.30
350788 1/5/21 17.68
350789 1/5/21 225.74
A/P Total 293,849.61
1,040,826.97
$ 1,334,676.58
5/5
33 of 159
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 2nd OF FEBRUARY, 2021.
AYES
NAYS
ABSENT
34 of 159
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 Kimball Apai tinents, LLC, a California limited liability company, restricting
the rent and occupancy of five (5) units to moderate income households in exchange for one
density bonus concession pursuant to California Government Code Sections 65915 — 65918
for the development of 52 housing units located at 1126 E 8th Street in National City; and (2)
approving a Subordination and Intercreditor Agreement with Citizens Business Bank
subordinating said Affordable Housing Density Bonus Agreement. (Housing Authority)
Please scroll down to view the backup material.
35 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
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 Kimball Apartments, LLC, a California limited liability company, restricting the
rent and occupancy of five (5) units to moderate income households in exchange for one density
bonus concession pursuant to California Government Code Sections 65915 — 65918 for the
development of 52 housing units located at 1126 E 8th Street in National City; and (2) approving a
Subordination and Intercreditor Agreement with Citizens Business Bank subordinating said Affordable
Housing Density Bonus Agreement.
PREPARED BY:
Greg Rose, Property Agent DEPARTMENT:
PHONE: 619-336-4266 APPROVED BY:
EXPLANATION:
Kimball Apartments, LLC, a California limited liability company (Developer) is developing the property
located at 1126 E 8th Street. Current zoning allows for the construction of 52 units by right. The
Developer will restrict the rent and occupancy of five (5) units to a moderate income household (below
120% of area median income) in exchange for a reduction in parking from 86 spaces to 67 spaces,
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 five
(5) 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.
rity
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
APPROVED:
APPROVED:
Finance
MIS
The Density Bonus Agreement is not considered a project as defined by the California Environmental
Quality Act (CEQA), and is therefore not subject to CEQA
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Background Report and Site Plan
2. Affordable Housing Density Bonus Agreement
3. Performance Deed of Trust
4. Subordination Agreement
5. Resolution
36 of 159
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.
37 of 159
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 1126 E 8th Street start on the following page.
38 of 159
Site Plan
Attachment No. 1
GENERAL NOTES
1. PROVIDE BUILDING ADDRESS NUMBERS, VISIBLE AND LEGIBLE FROM THE STREET OR ROAD
FRONTING THE PROPERTY PER FHPS POLICY P-00-6 (UFC 901.4.4)
2. ALL UNUSED WATER SERVICES SHALL BE KILLED AND NEW WATER SERVICES INSTALLED (AS
REQUIRED) OUTSIDE OF ANY VEHICULAR USE AREAS OR DRIVEWAY
3. ALL PROPOSED PUBLIC WATER FACILITIES, INCLUDING SERVICES AND METERS, MUST BE
DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH ESTABLISHED CRITERIA IN THE MOST
CURRENT ADDITION OF THE CITY OF SAN DIEGO REGULATIONS, STANDARDS AND PRACTICES,
THERETO.
4. ACCESS TO EXISTING COMMON AREA POOL WILL NOT BE PROVIDED TO TENANTS IN THE
PROPOSED BUILDING.
5. BOTH THE GARAGE AND BUILDING ABOVE WILL BE FIRE-SPRINKLERED.
6. ALL PROPERTY LINES, EASEMENTS AND BUILDINGS, BOTH EXISTING AND PROPOSED, ARE
SHOWN ON THIS SITE PLAN. FOR CLEARITY EXCISTING HOUSE TO BE DEMOLISHED SHOWN ON
SHEET A0.7.
KEYNOTE
01 PUBLIC RIGHT OF WAY
02 ACCESSIBLE COMPLIANT PEDESTRIAN CURB CUT WALKWAY, REF 8/0.2
03 ACCESSIBLE COMPLIANT WALKWAY
04 TOW AWAY SIGN (FOR ACCESSIBLE PARKING) AT ENTRANCE TO GARAGE RAMP,
REF DETAIL 1/A0.3
05 ACCESSIBLE COMPLIANT PARKING STALLS, REF 4/A0.3
06 ACCESSIBILITY PARKING SIGN TYPICAL AT ACCESSIBLE PARKING STALL,
REF DETAIL 3/A0.3
07 ASSIGNED ACCESSIBLE PARKING SPACES
08 ASSIGNED PARKING SPACE
09 EXISTING PRIVATE OVERHEAD AND/OR UNDERGROUND LIGHT, ELECTRICAL,
TELCO & CABLE UTILITIES TO BE REMOVED. SERVICE SHUTOFFS FROM SAN
DIEGO GAS & ELECTRIC, SDC AND COX CONNECTION REQUIRED PRIOR TO ANY
DEMOLITION WORK. EXISTING UTILITIES TO BE CAPPED OR REMOVED WITHIN
PROJECT PROPERTY BOUNDARY
10 EXISTING OFF -SITE PUBLIC UNITIES & SIGNAGE TO BE PROTECTED IN PLACE. IT IS
THE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR ANY DAMAGE TO
EXISTING ON -SITE AND/OR OFFSITE PUBLIC UTILITIES & SIGNAGE
EASEMENT NOTES:
THE FOLLOWING IS A LIST OF EASEMENT EXCEPTIONS TO COVERAGE AS LISTED IN THE
ABOVE REFERENCED PRELIMINARY REPORT. SURVEY RELATED ITEMS THAT CAN BE
PLOTTED ARE SHOWN HEREON. THE EFFECT OF AGREEMENTS, ASSESSMENTS,
COVENANTS & CONDITIONS & RESTRICTIONS, FINANCING STATEMENTS, LEASES, LIENS,
PERMITS, RESOLUTIONS, TAXES, OR WAIVERS THAT APPEAR IN SAID REPORT THAT ARE
NOT SURVEY RELATED ARE NOT INCLUDED IN THIS LIST.
7. AN EASEMENT TO KIMBALL BROTHERS WATER COMPANY FOR THE CONSTRUCTION AND
MAINTENANCE OF FLUMES, CANALS, OR AQUEDUCTS, RECORDED OCTOBER 14, 1869 IN
BOOK 7, PAGE 124 OF DEEDS. THE INTEREST OF SAID GRANTEE HAS SINCE PASSED AND
NOW VESTS OF RECORD IN THE CALIFORNIA WATER & TELEPHONE COMPANY, A
CORPORATION. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM
RECORD INFORMATION.
11. AN EASEMENT TO ESTATE OF IDA E. WALLACE HOGARTY, DECEASED FOR PUBLIC
ROAD AND INCIDENTAL PURPOSES, RECORDED JULY 22, 1932 AS BOOK 144, PAGE 135 OF
OFFICIAL RECORDS. THE LOCATION OF SAID THE EASEMENT CANNOT BE DETERMINED
FROM RECORD INFORMATION.
12. AN EASEMENT TO CHARLOTTE O. MEIER, TESTAMENTARY TRUSTEE UNDER THE WILL
OF IDA E. WALLACE HOGARTY, FORMERLY IDA E. WALLACE, DECEASED FOR STREET AND
INCIDENTAL PURPOSES, RECORDED OCTOBER 08, 1935 AS BOOK 441, PAGE 199 OF
OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM
RECORD INFORMATION.
13. AN EASEMENT TO THE CITY OF NATIONAL CITY FOR RIGHT OF WAY TO CONSTRUCT,
RECONSTRUCT, MAINTAIN, OPERATE, AND REPAIR STREET, TOGETHER WITH RIGHT OF
INGRESS/EGRESS AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 21, 1983 AS
INSTRUMENT NO. 83-422278 OF OFFICIAL RECORDS.
21. RIGHTS OF PUBLIC USE FOR STREET PURPOSES AS DISCLOSED IN VARIOUS
INSTRUMENTS OF RECORD, ONE OF WHICH RECORD JANUARY 20, 1925 IN BOOK 1074,
PAGE 19, OF OFFICIAL RECORDS.
22. AN EASEMENT TO NELLIE F. HAMILTON FOR WATER PIPE AND INCIDENTAL PURPOSES,
RECORDED JULY 16, 1946 AS INSTRUMENT NO. 75236 OF OFFICIAL RECORDS.
THE LOCATION OF THE EASEMENT IS LOCATED WITHIN "L" STREET AND THEREFORE
DOES NOT AFFECT THE SUBJECT PROPERTY.
1/7/2021 9:23:25 AM
(4
FH
25.00'
WATER BACKFLOW
AND METERS
SEE CIVIL PLAN
•
K AVENUE
c_
504
SEE
EASEMENT
NOTE
50b0'
FIRE HYDRANT
SEE CIVIL PLAN
FIRE SERVICE
SEE CIVIL PLAN
01
L
w
z
z
J
a
04
/
1
w
a
kr
rN
<
ih U
co _
II co
22' - 0"
02
10
cox
S i LT ALK
W4= 70' - 7 5/8"
O 4.1 O5 5.1 O 6.1 O
EAST 8TH STREET
I 1
PLANTER
0
1-
z
a
z
a
PLANTER
01
158' - 9 3/4"
PLANTER
0
10
4
ON GRADE PARKING
SEE CIVIL PLAN FOR
SLOPE DETAILS
W3= 198' - 4 1/8"
FAI CALC.
a
w
w
z
a
U
PLANTER
d
CB SEE CIVIL PLAN
CLASS 1 STANDPIPE
0'
z
a
SIDEWALK
PP
PROPERTY LINE —Ar
EXISTING
BUILDING
NOT INCLUDED
•
PLRA CERALDINE N [RING TRUST (02-07-v1
833 K AOL
NATONAL CITY, CA 9'9.'
APN:55 51C-49
EXISTING
BUILDING
NOT INCLUDED
STABIN5KY RAQuEL
1101-09 E 9L4 ST
NATIONAL C15, CA 9191(
_- 510-48
EXISTING
BUILDING
NOT INCLUDED
EXISTING
BUILDING
NOT INCLUDED
IT 4''35" 4 4 18'
EAST 9TH STREET
_TRANS
ISC
ce
w
z
a
i
COX
VALT
0
78' - 0 1/2"
PLANTER ■ SIDEWALK
08
XTh
z
a
N 72' 02 25" E 1000.
EXISTING
BUILDING
NOT INCLUDED
SEE
EASEMENT
NOTES
10'-0"
1
7
CO SEE
CIVIL PLAN
PROPERTY LINE
I I 99�
1
STAIR-4
CB SEE., D
CIVIL PLANMIPAH
I,�
IIlPI
Ir
EXISTING DRIVEWAY
TO BE REPAVES WITH
AC PAVING Il y
u
EXISTING
BUILDING
NOT INCLUDED
m
EXISTING
BUILDING
NOT INCLUDED
EXISTING
BUILDING
NOT INCLUDED
06
05
07
7
PLANTER
w
co
m
06
05
07
6' - 1 3/4"
QOX
VALT
15'-0" t
. 65.43'
-W�
M
O
r
POOL
SPA
Earl
b
r-
TINC
Iblb
r r
awn
b b b b
b
r t- ti
EXISTING
BUILDING
NOT INCLUDED
R8RPIETLAL L0
1134-40 E 9TH 5T
NATONAL CITY, CA 9'P
APN_550-510-5-
EXISTING
BUILDING
NOT INCLUDED
fill
tr,o %v.%
a a o
17%
5G
a
01
OLA
o
0
01
W1 =60 -45/8"
11
FAI CALC.
/
i
SEWER LATERAL
PER CIVIL
IE SEE CIVIL PLAN
-
•
80A
L AVENUE
JOB # 2020-01
AUGUSTO ANGELUCCI
ARCHITECT AIA
9865 MESA RIM ROAD SUITE 215
SAN DIEGO, CA 92021
PH: (858) 450-0866
FAX: (858) 450-0866
,c,N, n A iec
*�¢ No
C3 '
bX15/31/21
9TH
Of CA\\(�
THE KIMBALL STUDIOS
1110 E 8th STREET
NATIONAL CITY, CA 91950
REVISIONS
No.
Date
Revision
Description
SHEET NAME
SITE
SIMPLIFIED
PLAN
SHEET NUMBER
--A1
.1
STUDIO REMODEL SUBMITTAL
10-20-2020
39 of 159
Site Plan
Attachment No. 1
1/14/2021 4:20:52 PM
a`
7\\\
(E) TRASH
(E) ELEV
(E) STAIR-1
IL
(E) LOBBY
(E) OFFICE
ee
a
D BATI-
•
-1
STUDIO Si
7
r
4--
L
CORRIDOR
(E) STORAGE
(E) LIVING & DINING
1
L
r
L
BATH-1
L
BATH-1
.\\\\\\\T\\\\\\\\\\\
m
STUDIO S3
STUDIO S4
--i
LE
7117
4.
BATH-1
(E) GYM
STUDIO S5
a�vNv�vv C)\ -
ra
LJ
Ld-
\\I
(E) LIVING & DINING
a
9
(E) LIVING & DINING
T � T
(E) LIVING DINING
f_
La
LJ
--IT
1G 2G 3G
B1-LEVEL - STUDIO ADDITIONS BG Copy 1 1/8" = 1'-0" 1
/�
JOB # 2020-01
AUGUSTO ANGELUCCI
ARCHITECT AIA
9865 MESA RIM ROAD SUITE 215
SAN DIEGO, CA 92021
PH: (858) 450-0866
FAX: (858) 450-0866
,F A
'.
No,552;2
NX55/ J21
9T )-
0» c
THE KIMBALL STUDIOS
1110 E 8th STREET
NATIONAL CITY, CA 91950
REVISIONS
No.
Date
Revision
Description
SHEET NAME
B1
PLAN
LEVEL
SHEET NUMBER
--A1
.2
STUDIO REMODEL SUBMITTAL
10-20-2020
Site Plan
Attachment No. 1
1/14/2021 4:20:53 PM
0)
(E) LOBBY
(E) OFFICE
V�V
BATH-1
CD
(E) LOBBY
STUDIO S1
(E) STORAGE
H DW
P
REF 1
I 1
0
STOVE
f
(E) TRASH
(E) CORRIDOR
(E) ELEV
P
REF ii
(E) STAIR-1
L
d
STOVE I
-A5.1
STUDIO S2
BATH-1
/
0 0
0
.
.
\ \\\\\\\\\\\\\\\\\\\\\\\\\
—1—DW STOVE
-REF—
a
b
DW
STOVE I
P
REF
STUDIO S3
N t-
BATH-1
/D#
BATH-1
apu
P
STOVE
r
a+ DW—II _I REF
c I L J
STUDIO S4
BATH-1
0
°I Io
STUDIO S5
B1-LEVEL- ENLARGED PLAN BG Copy 1 1/4" = 1'-0" 1
JOB # 2020-01
AUGUSTO ANGELUCCI
ARCHITECT AIA
9865 MESA RIM ROAD SUITE 215
SAN DIEGO, CA 92021
PH: (858) 450-0866
FAX: (858) 450-0866
(1,, n A i'c
*�¢ Nod
bX15/31/21
9T� -
Of CA\\(�
THE KIMBALL STUDIOS
1110 E 8th STREET
NATIONAL CITY, CA 91950
REVISIONS
No.
Date
Revision
Description
SHEET NAME
ENLARGED
B1
PLAN
LEVEL
SHEET NUMBER
--AI
.3
STUDIO REMODEL SUBMITTAL
10-20-2020
I 41 011DU I
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
(1126 East 8th Street -Kimball Studios)
THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is
dated as of the day of , 2021, by and between the City of National City ("City"),
and Kimball Apartments, LLC, a California limited liability company ("Developer").
WHEREAS, Developer is the owner of that certain real property generally located at 1126
East 8th Street, in the City of National City, County of San Diego, 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 one (1) deviation, incentive or concession (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 fifty-two (52) housing units on the
Property ("Development") and restrict the rent and occupancy of five (5) of those residential
dwelling units ("Affordable Units") to moderate -income households in exchange for the one (1)
deviation, incentive or concession; and
WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide
the five (5) 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
42 of 159
Attachment No. 2
1. Acknowledgement of Incentives. Developer acknowledges and agrees that, the
Development is entitled to and is receiving one (1) deviation, incentive or concession pursuant to
and in accordance with Government Code 65915.
2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the
additional 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) studio residential dwelling units on the Property shall be rented
and occupied as the Affordable Units as set forth in this Agreement. As used herein the term
"Affordable Units" shall refer to the five (5) 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 moderate limits applicable to
San Diego County, adjusted for household size, as published annually by HCD, earning at or below
one hundred twenty percent (120%) 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) shall not exceed 1 / 12 of thirty percent
(30%) of one hundred twenty percent (120%) of the Area Median Income, as adjusted for assumed
household size and utilities as published by HUD and the State of California. 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 studio Affordable Units shall be calculated using one hundred
twenty percent (120%) of the Area Median Income for a 1-person household.
4. Restrictions. The following restrictions shall also be applicable to the Affordable Units:
(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) No 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.
2
43 of 159
Attachment No. 2
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, one hundred twenty percent (120%) 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 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
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.
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.
3
44 of 159
Attachment No. 2
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; provided, however, that should City fail to approve
or disapprove a prospective tenant within ten (10) days of a request by Developer, such prospective
tenant shall be deemed approved. 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.
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.
4
45 of 159
Attachment No. 2
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 for the Affordable Unit. 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 this Agreement, including 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 sole 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
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 sixty (60) days' written notice to Developer from the City (or up
5
46 of 159
Attachment No. 2
to one hundred twenty (120) 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 one hundred sixty (60) 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.
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
6
47 of 159
Attachment No. 2
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.
14. Monitoring Fees. Developer shall pay to the City, each year during the term of this
Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the
City from time to time. 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.
7
48 of 159
Attachment No. 2
(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.
(f) 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:
If to Developer:
City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
Kimball Apartments, LLC
9865 Mesa Rim Road, Suite 215
San Diego, CA 92121
(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
density bonus 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
8
49 of 159
Attachment No. 2
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. 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.
CITY:
City of National City
By:
Brad Raulston, City Manager
APPROVED AS TO FORM:
By:
Charles Bell Jr., City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
9
50 of 159
Attachment No. 2
DEVELOPER:
Kimball Apartments, LLC, a California limited liability company
By:
Luigi Angelucci, Member
10
51 of 159
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 , 2021, 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)
11
52 of 159
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 , 2021, before me, , notary
public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
12
53 of 159
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:
Parcel 1:
All that portion of the Easterly half of 20 acres Lot 1, in quarter Section 132 of Rancho De La
Nacion, in the City of National City, County of San Diego, State of California, according to map
thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as
follows:
Commencing at the Northeasterly corner of said Lot 1; thence South 19° East along the Easterly
line of said Lot, 40 feet to the Southerly line of 8th Street, thence South 71° West, along said
Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M.
Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records
and the true point of beginning; thence South 19° East, along the Easterly line of land so conveyed
130 feet; thence South 71° West, 80 feet; thence North 19° West, parallel with said Easterly line
130 feet to said Southerly line of 8th Street; thence North 71° East, along said Southerly line 80
feet to the true point of beginning.
Parcel 2:
All that portion of the Easterly half of 20 acres Lot 1 in quarter Section 132 of Rancho De La
Nacion, in the City of National City, County of San Diego, State of California, according to map
thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as
follows:
Commencing at the Northeasterly corner of said Lot 1, thence South 19° East along the Easterly
line of said Lot, 40 feet to the Southerly line of 8th Street; thence South 71° West, along said
Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M.
Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records;
thence South 19° East along the Easterly line of land so conveyed 130 feet; thence South 71° West,
80 feet to the true point of beginning; thence continuing South 71° West, 60 feet to the Easterly
line of the Westerly 10 feet of the Easterly 320 feet of said 20 acre Lot 1; thence North 19° West,
along said Easterly line, 130 feet to said Southerly line of 8th Street, thence North 71° East, along
said Southerly line of 8th Street, 60 feet to a line bearing North 19° West, from the true point of
beginning; thence South 19° East, along said line, 130 feet to said true point of beginning.
Parcel 3:
That portion of the East half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in
the City of National City, County of San Diego, State of California, according to map thereof No.
166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as
follows:
13
54 of 159
Attachment No. 2
Commencing at the Northeast corner of said 20 acre Lot 1; thence along the Easterly line of said
20 acre Lot 1 South 19°00'00" West, 40.00 feet to the Southerly line of Eighth Street as shown on
said Map No. 166; thence along said Southerly line South 71°00'00" West, 95.00 feet to the
Northwest corner of land described in deed to Walter C. Daily, et al, recorded June 7, 1961 as File
No. 97523, being the true point of beginning; thence continuing along the Southerly line of said
Eighth Street, South 71°00'00" West, 75.00 feet to the Westerly line of land described in deed to
Bruce A. Stafford, et al, recorded June 1, 1981 as File No. 81-169674; thence along the Westerly
line of said Stafford's land South 19°00'00" East 185.86 East; South 26°00'00" West, 84.85 feet;
and South 19°00'00" East, 4.14 feet to an angle point in the boundary of land described in deed to
Rachel Pietila, et al, recorded April 9, 1970 as File No. 67124; thence along the boundary of said
Pietila's land North 71 °00'00" East to a line which is parallel with and 10.00 feet Southeasterly of
the Northwesterly line of land described in deed to John M. Stafford et ux, recorded June 29, 1939
in Book 927, Page 5 of Official Records; thence along said line North 26°00'00" East, 84.85 feet;
and North 19°00'00" West, 55.00 feet to the Westerly prolongation of the Southerly line of said
Daily's land; thence along said prolongation North 71 °00'00" East, 65.00 feet to the Southwest
corner of said Daily's land; thence along the Westerly line of said Daily's land North 19°00'00"
West, 135.00 feet to the true point of beginning.
Parcel 4:
That portion of the Easterly half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion,
in the City of National City, County of San Diego, State of California, according to map thereof
No. 166, filed in the Office of the County Recorder of said San Diego County, May 11, 1869,
described as follows:
Commencing at the Northeasterly corner of said 20 acre Lot 1, being a point in the center line of
Eighth Street; thence along the Easterly line of said lot South 19° East, 40.0 feet to the true point
of beginning; thence continuing along Easterly line South 19° East, 135.00 feet; thence South 71°
West, 95.00 feet; thence North 19° West, parallel with the Easterly line of said lot, 135.0 feet to
the Southerly line of said Eighth Street; thence along said Southerly line, North 71° East, 95.0 feet
to the true point of beginning. Excepting therefrom the Easterly 30.0 feet thereof.
Assessor's Parcel Number: 556-510-63
14
55 of 159
Attachment No. 3
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
PERFORMANCE DEED OF TRUST
(1126 East 8th Street -Kimball Studios)
THIS DEED OF TRUST is dated as of the day of , 2021, between Kimball
Apartments, LLC, a California limited liability company ("Trustor"), whose address is 9865 Mesa
Rim Road, Suite 215, San Diego, California 92121, Orange Coast 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 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.
1
56 of 159
Attachment No. 3
2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the
Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens,
with interest, on the Property or any part of the Property, which appear to be prior or superior to
this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make
any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may
(but is not obligated to) make the payment or do the act in the required manner and to the extent
deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The
performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon
Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or
Trustee shall also have the following related rights and powers: to enter upon the Property for the
foregoing purposes; to appear in and defend any action or proceeding purporting to affect the
security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase,
contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to
be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and
costs, including attorneys' fees.
3. Reimbursement of Costs. To pay immediately and without demand all sums expended by
Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the
amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount
demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any
statement regarding the obligation secured by this Deed of Trust.
4. Use. That it will not permit or suffer the use of any of the Property for any purpose other
than the use for which the same was intended at the time this Deed of Trust was executed.
5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and
made a part of this Deed of Trust.
6. Performance of Other Obligations. To perform, in a timely manner, each agreement and
covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior
and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable
cure period, shall constitute a default under this Deed of Trust.
B. THE PARTIES AGREE THAT:
7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust
after its due date, Beneficiary does not waive its right either to require prompt payment when due
of all other sums so secured or to declare default for failure to pay any indebtedness secured by
this Deed of Trust.
2
57 of 159
Attachment No. 3
8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of
Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty,
the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive
proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the
person or persons legally entitled thereto."
9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon
Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect
the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor
in payment of any indebtedness secured by this Deed of Trust or in the performance of any
agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they
become due and payable. Upon any such default beyond any applicable cure period, Beneficiary
may, without notice and without regard to the adequacy of the security for the indebtedness secured
by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following:
enter upon and take possession of the Property or any part of the Property; sue for or otherwise
collect all rents, issues, and profits, including those past due and unpaid; and apply these rents,
issues, and profits, less costs and expenses of operation and collection (including reasonable
attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by
Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default
or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice.
10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable
notice and cure rights contained in the Agreement, or in the performance of any obligation under
this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations
secured by this Deed of Trust immediately due and payable by delivering to Trustee a written
declaration of default and demand for sale and a written notice of default and election to sell the
Property. Trustee shall cause the notice of default and election to sell to be recorded. After the
required time period has lapsed following the recordation of the notice of default, and after notice
of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the
Property at the time and place specified in the notice of sale, either as a whole or in separate parcels,
and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful
money of the United States, payable at the time of sale. Trustee may postpone sale of all or any
portion of the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the preceding
postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property
sold, but without any covenant or warranty, express or implied. The recital in the deed of any
matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including
Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and
expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence
of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of:
all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at
the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured
by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the
remaining proceeds.
3
58 of 159
Attachment No. 3
11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose
of the real property described in this deed of trust, or any portion thereof, or any interest therein
unless the proposed transferee shall have executed and delivered to the Beneficiary an express
written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably
acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver
of the right to acquire consent to future or successive transactions.
12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all
parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors,
successors, and assigns. The term `Beneficiary" shall mean the City of National City, and its
successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine
gender includes the feminine and/or neuter, and the singular number includes the plural.
13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations
secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor
or successors to any Trustee named in or acting under this Deed of Trust. The substitution
instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed
of Trust, the book and page where this Deed is recorded, and the name and address of the new
Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the
recorder of the county or counties where the Property is situated, the substitution instrument shall
be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor
Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title,
estate, rights, powers, and duties.
14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of
Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust
or given by law. These powers and remedies may be exercised singly, successively, or together,
and as often as deemed necessary.
15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or
any other instrument executed by the Trustee from time to time under the authority of this Deed
of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust,
shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in
general statements or conclusions absent manifest error. Further, the recitals shall be binding and
conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all
other persons.
16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for
the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees
to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and
these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including
but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief,
brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to
reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not
considered recoverable "costs" under applicable statute) incurred in such litigation.
4
59 of 159
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,
5
60 of 159
Attachment No. 3
presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any
party).
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
6
61 of 159
Attachment No. 3
part of the Property by any governmental agency or otherwise which, in the sole opinion of
Beneficiary, could jeopardize its 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.
22. Agreement to Cooperate With Lenders. Beneficiary recognizes that the Property will serve
as security for other obligations of Trustor, from time -to -time, and Beneficiary agrees to cooperate
with Trustor to with respect to the grant of any such security. Without limiting the generality of
the foregoing, upon Trustor's request, Beneficiary agrees to: (i) provide an estoppel certificate to
another lender of Trustor, (ii) enter into an agreement to provide for any notices that are given to
Trustor by Beneficiary will also be given to another lender (and that such lender will have the right
to cure), and (iii) to enter into an agreement with another lender, to provide reasonable assurances
to such lender as such lender may require in order to lend to Trustor, provided such assurances do
not materially impact Beneficiary's rights hereunder.
TRUSTOR:
Kimball Apartments, LLC, a California limited liability company
By:
Luigi Angelucci, Member
7
62 of 159
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 , 2021, before me, , notary
public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
8
63 of 159
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:
Parcel 1:
All that portion of the Easterly half of 20 acres Lot 1, in quarter Section 132 of Rancho De La
Nacion, in the City of National City, County of San Diego, State of California, according to map
thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as
follows:
Commencing at the Northeasterly corner of said Lot 1; thence South 19° East along the Easterly
line of said Lot, 40 feet to the Southerly line of 8th Street, thence South 71° West, along said
Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M.
Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records
and the true point of beginning; thence South 19° East, along the Easterly line of land so conveyed
130 feet; thence South 71° West, 80 feet; thence North 19° West, parallel with said Easterly line
130 feet to said Southerly line of 8th Street; thence North 71° East, along said Southerly line 80
feet to the true point of beginning.
Parcel 2:
All that portion of the Easterly half of 20 acres Lot 1 in quarter Section 132 of Rancho De La
Nacion, in the City of National City, County of San Diego, State of California, according to map
thereof No. 166, filed in the Office of the County Recorder of San Diego County, described as
follows:
Commencing at the Northeasterly corner of said Lot 1, thence South 19° East along the Easterly
line of said Lot, 40 feet to the Southerly line of 8th Street; thence South 71° West, along said
Southerly line of 8th Street, 170 feet to the Northeasterly corner of parcel of land conveyed to S.M.
Mann, by deed dated February 12, 1943 and recorded in Book 1470, Page 60 of Official Records;
thence South 19° East along the Easterly line of land so conveyed 130 feet; thence South 71° West,
80 feet to the true point of beginning; thence continuing South 71° West, 60 feet to the Easterly
line of the Westerly 10 feet of the Easterly 320 feet of said 20 acre Lot 1; thence North 19° West,
along said Easterly line, 130 feet to said Southerly line of 8th Street, thence North 71° East, along
said Southerly line of 8th Street, 60 feet to a line bearing North 19° West, from the true point of
beginning; thence South 19° East, along said line, 130 feet to said true point of beginning.
Parcel 3:
That portion of the East half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion, in
the City of National City, County of San Diego, State of California, according to map thereof No.
166, filed in the Office of the County Recorder of San Diego County, May 11, 1869, described as
follows:
9
64 of 159
Attachment No. 3
Commencing at the Northeast corner of said 20 acre Lot 1; thence along the Easterly line of said
20 acre Lot 1 South 19°00'00" West, 40.00 feet to the Southerly line of Eighth Street as shown on
said Map No. 166; thence along said Southerly line South 71°00'00" West, 95.00 feet to the
Northwest corner of land described in deed to Walter C. Daily, et al, recorded June 7, 1961 as File
No. 97523, being the true point of beginning; thence continuing along the Southerly line of said
Eighth Street, South 71°00'00" West, 75.00 feet to the Westerly line of land described in deed to
Bruce A. Stafford, et al, recorded June 1, 1981 as File No. 81-169674; thence along the Westerly
line of said Stafford's land South 19°00'00" East 185.86 East; South 26°00'00" West, 84.85 feet;
and South 19°00'00" East, 4.14 feet to an angle point in the boundary of land described in deed to
Rachel Pietila, et al, recorded April 9, 1970 as File No. 67124; thence along the boundary of said
Pietila's land North 71 °00'00" East to a line which is parallel with and 10.00 feet Southeasterly of
the Northwesterly line of land described in deed to John M. Stafford et ux, recorded June 29, 1939
in Book 927, Page 5 of Official Records; thence along said line North 26°00'00" East, 84.85 feet;
and North 19°00'00" West, 55.00 feet to the Westerly prolongation of the Southerly line of said
Daily's land; thence along said prolongation North 71 °00'00" East, 65.00 feet to the Southwest
corner of said Daily's land; thence along the Westerly line of said Daily's land North 19°00'00"
West, 135.00 feet to the true point of beginning.
Parcel 4:
That portion of the Easterly half of 20 acre Lot 1 in quarter Section 132 of Rancho De La Nacion,
in the City of National City, County of San Diego, State of California, according to map thereof
No. 166, filed in the Office of the County Recorder of said San Diego County, May 11, 1869,
described as follows:
Commencing at the Northeasterly corner of said 20 acre Lot 1, being a point in the center line of
Eighth Street; thence along the Easterly line of said lot South 19° East, 40.0 feet to the true point
of beginning; thence continuing along Easterly line South 19° East, 135.00 feet; thence South 71°
West, 95.00 feet; thence North 19° West, parallel with the Easterly line of said lot, 135.0 feet to
the Southerly line of said Eighth Street; thence along said Southerly line, North 71° East, 95.0 feet
to the true point of beginning. Excepting therefrom the Easterly 30.0 feet thereof.
Assessor's Parcel Number: 556-510-63
10
65 of 159
Attachment No. 4
No Fees per Government Code 6103
Recording Requested By:
When Recorded Mail To:
National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950
SUBORDINATION AGREEMENT
(1126 East 8th Street -Kimball Studios)
THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is dated as of
the _ day of , 2021, by the City of National City ("City"), Kimball Apartments,
LLC, a California limited liability company ("Borrower") and Citizens Business Bank ("Lender").
RECITALS
A. Borrower is the owner of certain real property generally located at 1126 East 8th
Street, in the City of National City, County of San Diego, California ("Property"), as more
particularly described in: (i) that certain Deed of Trust made by Borrower in favor of Lender, dated
as of November 15, 2019, and recorded in the Office of the Recorder of the County of San Diego,
State of California on November 22, 2019, as Instrument No. 2019-0544029 ("Lender Deed of
Trust"); (ii) that certain Assignment of Rents made by Borrower in favor of Lender, dated as of
November 15, 2019, and recorded in the Office of the Recorder of the County of San Diego, State
of California on November 22, 2019, as Instrument No. 2019-0544030 ("Assignment of Rents");
(iii) that certain Hazardous Substances Certificate and Indemnity Agreement made by Borrower
in favor of Lender, dated as of November 15, 2019, and recorded in the Office of the Recorder of
the County of San Diego, State of California on November 22, 2019, as Instrument No. 2019-
0544031 ("Indemnity Agreement"); and (iv) that certain Financing Statement in favor of Lender
recorded in the Office of the Recorder of the County of San Diego, State of California on
November 22, 2019, as Instrument No. 2019-0544032 ("Financing Statement"). The Lender Deed
of Trust, Assignment of Rents, Indemnity Agreement and Financing Statement shall be referred to
collectively herein as the "Lender Security Instruments."
B. Concurrently with recordation of this Subordination Agreement, Borrower is
causing the following to be recorded against the Property in the Office of the Recorder of the
County of San Diego, State of California: (i) an Affordable Housing Density Bonus Agreement
("Density Bonus Agreement") by and between the City and Borrower; and (ii) a Deed of Trust
("City Deed of Trust") executed by the Borrower in favor of the City.
1
66 of 159
Attachment No. 4
C. City, Lender and Borrower all agree and desire to execute this Subordination
Agreement to memorialize their understanding and agreement with regard to the respective
priorities of each of the above -referenced documents. It is the intention of the parties that the
Density Bonus Agreement shall unconditionally be and remain at all times a lien, claim and charge
on the Property prior and superior to the Lender Security Instruments and that the Lender Security
Instruments shall unconditionally be and remain at all times liens, claims and charges on the
Property prior and superior to the City Deed of Trust.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the City, Lender and Borrower hereby agree as follows:
AGREEMENT
1. Subordination of the Lender Security Instruments to the Density Bonus Agreement. The
Lender Security Instruments, together with all rights and privileges of Lender and Borrower
thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the
Density Bonus Agreement and the Density Bonus Agreement is and will remain at all times, a lien,
claim and charge on the Property prior and superior to the Lender Security Instruments and to all
rights and privileges of Lender and Borrower thereunder; provided, however, that a violation of
the Density Bonus Agreement shall not defeat, render invalid or limit the Lender Security
Instruments.
2. Subordination of the City Deed of Trust to the Lender Security Instruments. The City Deed
of Trust, together with all rights and privileges of the City and Borrower thereunder, are hereby
irrevocably and unconditionally made subordinate to and subject to the Lender Security
Instruments and the Lender Security Instruments will remain at all times liens, claims and charges
on the Property prior and superior to the City Deed of Trust and all rights and privileges of the
City and Borrower thereunder.
3. Notices. City, Lender and Borrower agree to give to each other copies of all notices of
events of default under their respective documents. All notices given under this Subordination
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 the City:
If to Borrower:
City of National City
Attention: City Manager
1243 National City Boulevard
National City, CA 91950
Kimball Apartments, LLC
9865 Mesa Rim Road, Suite 215
San Diego, CA 92121
2
67 of 159
Attachment No. 4
If to Lender:
Citizens Business Bank
610 West Ash Street, Suite 1100
San Diego, CA 92101
4. Whole Agreement; Binding Effect. This Subordination Agreement is the whole and only
agreement with regard to the priority of the lien, claim and charge of the Density Bonus
Agreement, the Lender Security Instruments and the City Deed of Trust. This Subordination
Agreement is binding on and inures to the benefit of the legal representatives, heirs, successors
and assigns of the parties.
5. Attorney's Fees. If any party to this Subordination Agreement brings an action to interpret
or enforce its rights under this Subordination Agreement, the prevailing party will be entitled to
recover its costs and reasonable attorney's fees as awarded in the action.
6. Governing Law. This Subordination Agreement is governed by, and shall be construed in
accordance with, the laws of the State of California.
7. Counterparts. This Subordination Agreement may be executed in counterparts, and all
counterparts constitute but one and the same document.
8. Signatures. All individuals signing this Subordination 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 one
another that they have the necessary capacity and authority to act for, sign and bind the respective
entity or principal on whose behalf they are signing.
IN WITNESS WHEREOF, the parties have executed this Subordination Agreement as of the
date first set forth above and agree to be bound hereby.
LENDER:
Citizens Business Bank
By:
Print Name:
Its:
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
3
68 of 159
Attachment No. 4
BORROWER:
Kimball Apartments, LLC, a California limited liability company
By:
Luigi Angelucci, Member
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
4
69 of 159
Attachment No. 4
CITY:
City of National City
By:
Brad Raulston, City Manager
APPROVED AS TO FORM:
By:
Charles Bell Jr., City Attorney
_5
70 of 159
Attachment No. 4
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 , 2021, 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)
6
71 of 159
Attachment No. 4
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 , 2021, 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)
7
72 of 159
Attachment No. 4
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 , 2021, before me, , notary
public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
8
73 of 159
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City: 1) authorizing the Mayor to execute a Power Your
Drive for Parks Public Electric Vehicle Charging Program Participation Agreement with San
Diego Gas & Electric Company (SDG&E) for the installation of six Electric Vehicle
Charging Stations, associated equipment and infrastructure, at Las Palmas Park (located at
1810 E. 22nd Street) to be used by the public, at their own expense, as part of SDG&E's
"Power Your Drive for Parks" Program, and 2) granting and authorizing the recordation of
an easement on parcel No. 561-360-35-00 to SDG&E for the installation of electric vehicle
charging station infrastructure. (Engineering/Public Works)
Please scroll down to view the backup material.
74 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING
February 2, 2021
AGENDA ITEM
ITEM TITLE:
Resolution of the City Council of the City of National City 1) authorizing the Mayor to execute a Power Your Drive for
Parks Public Electric Vehicle Charging Program Participation Agreement with San Diego Gas & Electric Company
(SDG&E) for the installation of six Electric Vehicle Charging Stations, associated equipment and infrastructure, at Las
Palmas Park (located at 1810 E. 22nd Street) to be used by the public, at their own expense, as part of SDG&E's
"Power Your Drive for Parks" Program, and 2) granting and authorizing the recordation of an easement on parcel No.
561-360-35-00 to SDG&E for the installation of electric vehicle charging station infrastructure.
PREPARED BY: Jose Lopez, Deputy City Engi
PHONE: 619-336-4312
EXPLANATION:
See attached.
DEPARTMENT: Engi �erin9 aPublic Works
APPROVED BY: �/
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
SDG&E will install EV Charging Stations, associated equipment and infrastructure at no cost to the City. All users
with Power Your Drive accounts will be billed separately by SDG&E for charging their personal vehicles.
ENVIRONMENTAL
A CEQA Notice of Exemption will be filed with the San Diego County Recorder's Office.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Adopt Resolution authorizing the Mayor to execute a Power Your Drive for Parks Public Electric Vehicle Charging
Program Participation Agreement, and granting and authorizing the recordation of an easement on parcel No. 561-
360-35-00 to SDG&E.
BOARD / COMMISSION
N/A
ATTACHMENTS
1. Preliminary Design Exhibits
2. Power Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement
3. Easement
4. Resolution
I75of151
EXPLANATION
In a continued effort to reduce greenhouse gas emissions (GHGs) and air pollution, SDG&E has
adopted a new program, Power Your Drive for Parks Public EV Charging Program, that will bring
66 EV chargers installed at approximately 10 sites in disadvantaged communities throughout the
County of San Diego. The two types of chargers that will be installed include: Level 2 (208-240
volt) chargers that can provide up to 10-20 miles of range per hour of charging and DC fast
chargers (480 volt) that can provide about 50-60 miles per hour of charging. These chargers will
accommodate existing EV drivers and encourage EV adoption. The program criteria is as follows:
disadvantaged communities, site must include an appropriate location to deploy the charging
equipment in a cost-effective manner, comply with ADA standards, and agree to program terms
& conditions.
City staff submitted an application to install EV Charging infrastructure at the two top priority parks
that were selected by the City's management team: Kimball Park, and Las Palmas Park. After a
site walk -though between City staff and SDG&E at both parks, and the application review by
SDG&E, Las Palmas Park (located at 1810 E. 22nd Street) was elected as one of the ten parks in
the County to receive EV Charging infrastructure as a part of the Program. The installation will
include six Electric Vehicle (EV) Charging Stations (four Level 2, and two DC Fast Chargers),
associated equipment and infrastructure to be used by the public, at their own expense, as part
of the Program. Users can download the ChargePoint app, create an account to pay for usage or
pay by credit card on site for charging session. SDG&E will install the EV Charging Stations,
associated equipment and infrastructure, at no cost to the City. The City is not obligated to perform
any inspection or maintenance of installed electric vehicle supply equipment (EVSE). The City
will notify SDG&E in cases of vandalism, damaged or non-functioning equipment.
In general, the program provides: no cost design, installation and operation of SDG&E
infrastructure and EV charging equipment at no cost to the City for a period of eight years. At the
end of the eight year term of the agreement, the City may have the option to purchase EVSE at
fair market value, subject to regulatory approval, or the California Public Utilities Commission
(CPUC) may extend the term of the Program, at which point an amendment may be executed.
The City will also have the option to opt -out at the end of the term, if so desired.
Staff recommends the City Council adopt the resolution authorizing the Mayor to execute a Power
Your Drive for Parks Public Electric Vehicle Charging Program Participation Agreement, and
granting and authorizing the recordation of an easement on parcel No. 561-360-35-00 to SDG&E.
This project directly supports National City's Strategic Plan, General Plan and Climate Action Plan
goals of pursuing green initiatives and building a sustainable city.
76 of 159
83200012 - LAS PALMAS PARK
CITY OF
NATIONAL CITY
VICINITY MAP
NO SCALE
SHEET INDEX
TB# 1310—B2
PIMA BONITA RO
SHEET 1: COVER PAGE AND ONE LINE
SHEET 2: SKETCH
APPLICANT APPROVAL
APPROVAL OF THE SYSTEM DESIGN AS IT APPEARS ON THIS PRELIMINARY DRAWING(S).
A. Certifies that the location of facilities to be owned and operated by SDG&E are acceptable
and are not in conflict with Applicant's planned improvement.
B. Authorizes SDG&E to proceed with the preparation of final design(s), drawing(s), and/or
cost(s).
Any further costs incurred by SDG&E in the processing of this project will be at the
Applicant's expense if:
1. There are changes to the system caused by the Applicant or the Applicant's authorized
representative.
2. There is o deviation from the gas/electric load information specified on the Approved
Load Study which will necessitate design and/or construction changes.
3. The project is cancelled after contract negotiations have been completed by Applicant
and Utility.
APPLICANT APPROVAL — Please Print or Type
TITLE
APPLICANT SIGNITURE
DATE
Copyright 2003 San Diego Gas & Electric Company. All rights reserved.
Removal of this copyright notice without permission is not permitted under law.
ONE LINE DIAGRAM
NO SCALE
CIRCUIT 45
UG 45_00009
EAM 15952-120320
PROJECT ADDRESS: 1810 E 22ND ST, NATIONAL CITY, CA 91950
INS: 2/0 J AL
30CN
16'
EX. 3425
45-455
INS:1-300 HNS
D235513
4
INS: 3425
45-456
1-150 HBS
D238399
REFERENCE STRUCTURE
35
P1856°5605
C45 N2JAL 30CN 374'— \
I
EFERENCE STRUCTURE
D235512
3-4
C45 #2 J AL 30CN 460'
3
77 of 159
STRUCTURE COORDINATES
[LOC 1] D235513: N 32.66823T, W—117.083792'
NO TES
QTHE PURPOSE OF THIS WORK ORDER IS TO INSTALL 6 NEW EV CHARGERS FOR LAS
PALMAS PARK. IN ADDITION TO THE CHARGERS ONE NEW TRANSFORMER AND ONE
200A DC FAST METER AND ONE 400A L2 METER
QCAUTION: ELECTRIC STAND—BY LINEMAN REQUIRED FOR ALL WORK AROUND
ENERGIZED FACILITIES.
ALL QUESTIONS RELATED TO SERVICE TRENCH SHOULD BE DIRECTED TO THE
APPROPRIATE FIELD CONSTRUCTION ADVISER.
ALL EQUIPMENT ON PRIVATE PROPERTY WILL REQUIRE AN EASEMENT
0
®N®
SCALE
Coll 2 Working Days Before You Dig!
1-800-227-2600
NTS
N
N
0
83200012 - LAS PALMAS PARK
CITY OF
NATIONAL CITY
LA VISTA
MEMORIAL PARK
PLAZA BONRA RD
VICINITY MAP
NO SCALE TB# 1310-B2
SITE DETAIL
SCALE: 1: 10'
Call 2 Working Days Before You Dig!
1-800-227-2600
Copyright 2003 San Diego Gas & Electric Company. All rights reserved.
Removal of this copyright notice without permission is not permitted under law.
INS: DC FAST CHARGER
EASEMENT REQ. gl
*'
OS2 r*W64
/14 / 1 . ' ‘'
0 ttioO
t
=a n ��v
0�Q 02
INS: DC FAST CHARGER
EASEMENT REQ.
00
INS: 1 - 1 1/2"
4-#6
1 - #8
EASEMENT REQ.
200A LOAD STATION
3PH, 4W, 200A, 277/480V
UAMI06
EASEMENT REQ.
INS: 2/0 J AL
30CN 16'
EASEMENT REQ.
INS: 1 - 1 1/2"
4-#6
1 - #8
EASEMENT REQ.
o
INS: L2 DUAL CHARGER
EASEMENT REQ.
INS: L2 DUAL CHARGER
EASEMENT REQ.
INS: L2 DUAL CHARGER
EASEMENT REQ.
INS: L2 DUAL CHARGER
EASEMENT REQ.
NEW KVA _ XX KVA - XX%
CONNECTED KVA
XX
78 of 159
0
INS: 1-3"
INS: 3-350, 1-3/0 600V
19'
EASEMENT REQ.
14
INS: 1-3"
INS: 3-350, 1-3/0 600V
19'
EASEMENT REQ.
INS:1` fthirFk
EX. 3425 PAD TO
REMAIN
REM:1-150 HNS
45-455
INS: 1-300 HNS
D235513
INS: 3425
45-456
1-150 HBS
D238399
EASEMENT REQ.
INS: 1 - 1 1/2"
4-#6
1 -#8
EASEMENT REQ.
INS: 1 - 1 1/2"
4-#6
1 - #8
EASEMENT REQ.
INS: 1 - 1 1/2"
4-#6
1 - #8
EASEMENT REQ.
INS: 1 - 1 1/2"
4-#6
1 - #8
EASEMENT REQ.
q<k '
aNI>
II
SCALE
0 15'
400A LOAD STATION
3PH, 4W, 400A, 120/208V
MLBNK2
EASEMENT REQ.
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
This CUSTOMER PARTICIPATION AGREEMENT ("Agreement") is by and between SAN DIEGO
GAS & ELECTRIC COMPANY, a California corporation ("SDG&E") and City of National City
("Program Participant"). SDG&E and Program Participant are referred to individually as a "Party" and
collectively as the "Parties."
RECITALS
A. In support of California's goal to reach 1.5 million zero -emission vehicles by 2025 and infrastructure
to support more than 5 million zero -emission vehicles by 2030, Program Participant will permit, and
SDG&E will own, install, operate and maintain electric vehicle charging stations at qualifying and
selected Park & Beaches as part of SDG&E's Power Your Drive for Parks Public EV Charging
Program ("Program") and as approved by the California Public Utilities Commission (CPUC).
B. In general, the Program provides: no cost design, installation and operation of SDG&E infrastructure
and EV Charging Equipment at no cost to Program Participant for a period of eight (8) years.
SDG&E agrees to facilitate billing to EV Drivers using EVSPs as more fully described in Section 1.1
below.
C. Purusant to AB1083, Program Participant and SDG&E are entering into this Agreement for
participation in the Program; and for installation and operation of public EV charging infrastructure at
Las Palmas Park, 1810 E 22nd St, National City, CA 91950 ("Facility").
AGREEMENT
NOW, THEREFORE, the Parties mutually agree as follows:
1.0 GENERAL PROGRAM PARTICIPATION REQUIREMENTS:
To participate in the Program, Program Participant agrees to comply with the following requirements:
1.1 Have dedicated parking for the electric vehicles;
1.2 Execute and deliver an SDG&E approved easement which shall be recorded in the office of the
County Recorder for the County of San Diego.
1.3 Cooperate with SDG&E to ensure the Facility meets applicable accessibility requirements of
the Americans with Disabilities Act (ADA);
1.4 Notify SDG&E in cases of vandalism, damaged or non-functioning equipment. Program
Participant is not obligated to perform any inspection or maintenance of installed EVSE;
1.5 Submit Owner Authorized Agent (OAA) Form. OAA approves SDG&E to act as Program
Participant's agent as it relates to obtaining any required permits for the installation of the EV
infrastructure (Exhibit A) and;
1.6 Support data collection efforts as part of this Program.
2.0 DEFINITIONS
ADA: Americans with Disabilities Act.
Disadvantaged Community: Communities identified by census tract as being in the top quartile
within SDG&E service territory as scored by the Ca1EPA Enviroscreen tool and as approved per
SDG&E Advice Letter 2876-E, Submittal of Definition of Disadvantaged Communities for Electric
Vehicle -Grid Integration (VGI) Pilot Program Pursuant to Commission Decision 16-01-045.
Easement: A real property instrument hereto grant right of way for SDG&E to construct,
maintain, operate and repair any SDG&E owned infrastructure.
1
79 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
Effective Date: The date that this Agreement is dually signed and executed.
EV: Electric Vehicle.
EV Driver: An EV operator who parks at and uses the EVSE at the Facility.
EVSE: Electric Vehicle Supply Equipment. All equipment needed to charge an EV including
the EV charging station, switches, fuses, meters and other associated equipment.
EVSP: Electric Vehicle Service Provider. The third party selected by SDG&E to providing
charging and billing services to EV Drivers.
Facility: The premises where the EV infrastructure will be located.
Grantor: The fee simple owner of the real property where the Facility is to be located pursuant
to the Easement.
Implementers: SDG&E, its contractors, vendors, representatives, or other persons or entities
responsible for implementing the Program on behalf of SDG&E.
Intellectual Property Rights: All trade secrets, patents and patent applications, trademarks
(whether registered or unregistered and including any goodwill acquired in such trade marks),
services marks, trade names, internet domain names, copyrights (including rights in computer
software), moral rights, database rights, design rights, rights in know-how, rights in inventions
(whether patentable or not) including, but not limited to, any and all renewals or extensions thereof,
and all other proprietary rights (whether registered or unregistered, and any application for the
foregoing), and all other equivalent or similar rights which may subsist anywhere in the world,
including, but not limited to, any and all renewals or extensions thereof.
In Service Date: The date that Project is energized and project commissioning complete.
Job or Project: The installation of the approved EVSE at the Facility identified above.
Power Your Fleet for Parks Public EV Charging Program (or Program): All facets of the
Power Your Fleet for Parks Public EV Charging Program.
Program Participant: The SDG&E Customer that enters into this Agreement.
Rate: The billing rate for use of charging at a Facility.
Removal Cost: EVSE removal costs which are the sum of (a) SDG&E's full cost and expense to
remove the EVSE, (b) an amount equal to the portion of the undepreciated cost of the EVSE
remaining at the time of removal, (c) the portion of the undepreciated amount of the installation
costs remaining at the time of removal.
SDG&E: San Diego Gas & Electric Company.
3.0 RIGHT TO ACCESS
3.1 Design and Installation: Program Participant shall provide SDG&E and its Implementers
access to the project location for purposes of design and installation of the EVSE. SDG&E and
its Implementers shall make reasonable accommodations to minimize all impacts to Program
Participant operations
2
80 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
3.2 Operation of Facility: Program Participant shall provide SDG&E and its
Implementers reasonable access to the Facility at all times.
Sempra Energy uUiity
4.0 EASEMENT REQUIREMENTS
Program Participant executes and shall deliver the Easement within 60 days of presentation by
SDG&E. If Easement is not approved by SDG&E, Program Participant forfeits Program
eligibility.
5.0 INSTALLATION OF EQUIPMENT
SDG&E and its Implementers will design and construct the infrastructure in compliance with the
terms of this Agreement, as well as all applicable local, state and federal laws and regulatory
requirements. For reference, a preliminary layout of proposed infrastructure is illustrated in
Exhibit B: Preliminary Site Plan. Design layout is coordinated at the site walk, where both
SDG&E and Program Participant provide input. Final design will be emailed to Program
Participant for approval.
Program Participant shall have six (6) EV Charging Stations, four (4) Level 2 and two (2) DC Fast
Chargers.
6.0 AMERICANS WITH DISABILITES ACT (ADA) REQUIREMENTS
Program Participant acknowledges that electric vehicle charging infrastructure is required to
comply with ADA, if applicable, and California Building Standards, which may impact parking
layouts and design.
7.0 ELECTRIC VEHICLE SERVICE PROVIDER (EVSP)
7.1 EVSP: SDG&E shall select an EVSP to provide charging and payment services to EV
Drivers.
7.2 Additional EVSP Services: Separate and apart from this Agreement, the EVSP may offer
and provide any additional or complementary services, as long as these services do not directly
interfere with the objectives of the Program. Specifically, such services may not include
activities, agreements, arrangements, policies or procedures that inhibit the ability of the EV
Drivers to respond to the pricing signal of the EV Rate. The costs of any additional EVSP services
willbe borne by Program Participant.
8.0 RELOCATIONS
8.1 Removal: Except as otherwise provided herein or in the Easement, at any time during the
Term of this Agreement, should Program Participant require removal of the EVSE or parts thereof,
other than those specifically contemplated herein, Program Participant shall bear full Removal Cost
of all infrastructure installed pursuant to this Agreement, including utility owned infrastructure.
Program Participant requesting removals shall be responsible for costs as identified in the Removal
Cost Schedule:
Removal Cost Schedule
Year
Program Participant
Percentage Responsibility
1
88%
2
75%
3
63%
4
50%
3
81 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
5
38%
6
25%
7
13%
8
0%
Sempra Energy utility'
8.2 Relocations: Except as otherwise provided herein or in the Easement, at any time during the
course of this Agreement or the duration of the Easement, whichever is longer, should Program
Participant require relocation of the infrastructure installed pursuant to this Agreement including
Utility owned infrastructure or parts thereof, such relocation shall be by mutual agreement of the
Parties. Should SDG&E approve relocation of such infrastructure, such relocation shall be at sole
expense of Program Participant regardless of whether Utility owned or Program Participant owned,
and in accordance with any Program requirements, laws, regulations, or other applicable
jurisdictional requirements in effect at the time of relocation. Additionally, at SDG&E's
discretion, upon a relocation, Program Participant shall either amend the Easement to include the
legal description of the new location or enter into a new Easement with SDG&E.
9.0 RATE
EV Drivers will be charged the EV-TOU Rate, and the EVSP will manage the EV Driver's
payment.
10.0 DATA COLLECTION & USE
Program Participant shall support the data collection requirements of the Program. Data
collection requirements will conform with the requirements of the CPUC. Program Participant
consents to the use and disclosure, by SDG&E, its agents and representatives of data gathered as
part of the Program for use in regulatory reporting, industry forums, case studies or other similar
activities.
11.0 CONTACT INFORMATION
Facility contact persons for Program Participant shall be as follows:
11.1 Designated Program Participant Contact Person for Operations
Primary - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
11.2 Designated SDG&E Contact Person for Operations
Primary - Name: Joe Bielawski
Job Title: Project Manager, Operations
Agency: SDG&E
Address: 8306 Century Park Court, CP 42F, San Diego, CA 92123
4
82 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
Email: Jbielawl@sdge.com
Phone: (858) 276-9980
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Anthony Aguirre
Project Manger, Power Your Drive for Parks
SDG&E
8306 Century Park Court, CP 42F, San Diego, CA 92123
aaguirre@sdge.com
(619) 416-2311
12.0 COMPENSATION
Except as otherwise provided in this Agreement, under no conditions shall Program Participant
receive compensation of any kind, either by cash, in -kind services, or otherwise, for any duties or
requirements provided for in this Agreement or for participation in any way as part of the Program,
including but not limited to:
• Easement;
• Use of data for lawful purposes;
• Loss of activity during construction or maintenance activities, or
• Any other inconvenience or loss, without limitation, related to participation.
13.0 CONFIDENTIALITY
During the term of this Agreement, Program Participant may be provided with information of a
confidential nature ("Confidential Information") by SDG&E or its Implementers.
13.1 Duty of Confidentiality. Throughout and after the duration of this Agreement, Program
Participant shall hold all Confidential Information in strict confidence. Without SDG&E's prior
written approval, Program Participant shall not use, disclose, reproduce, distribute, or otherwise
misappropriate any Confidential Information, nor shall Program Participant take any action that
may cause, or fail to take any action necessary to prevent causing, any Confidential Information to
lose its character as Confidential Information.
13.2 Return of Materials. Upon the termination or conclusion of this Agreement for any reason,
or upon earlier request by SDG&E, its Implementers or other designated representatives, Program
Participant shall promptly erase and destroy or otherwise return all Confidential Information and
other documents or data that contain Confidential Information.
13.3 Customer Information. Program Participant acknowledges and agrees that all information
Program Participant collects or obtains from SDG&E, its Implementers or other designated
representatives with regard to EV Drivers, including but not limited to names, addresses, telephone
numbers, account numbers, utility bill data, energy usage, demographics, financial data, or any
other personal information ("Customer Information"), shall be deemed Confidential Information.
13.4. Data Security. Program Participant will establish and diligently maintain safeguards and
security practices to protect against the destruction, loss, or disclosure of any Confidential
Information in its custody or possession. If Program Participant discovers a breach of security, it
shall immediately notify SDG&E (use Contact Information included in Section 11.2) and use its
best efforts to mitigate the breach and prevent any disclosure or loss of Confidential Information.
5
83 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
Notwithstanding the foregoing, SDG&E understands that Program Participant is a public entity and
subject to federal, state and local regulation governing public records, including the California
Public Records Act. SDG&E understands and agrees that Program Participant shall comply with
all such regulations, including the disclosure of Confidential Information, if legally required.
14.0 INTELLECTUAL PROPERTY
Nothing in this Agreement or the Parties' performance of it is intended to or shall be deemed to
convey any Intellectual Property Rights to Program Participant. All Intellectual Property Rights
relating to the Program are expressly reserved to SDG&E, its Implementers or other designated
representatives and their respective licensors.
15.0 WAIVER
No provision of this Agreement may be waived unless agreed to by SDG&E and Program
Participant in writing. SDG&E's or Program Participant' failure to insist upon strict performance
of any provision of the Agreement, or to exercise any right based upon a breach thereof, or the
acceptance of any performance during such a breach, shall not constitute a waiver of any right
under this Agreement.
16.0 DISPUTE RESOLUTION
16.1 Meet and Confer: In the event of a dispute relating to this Agreement, Program Participant
and SDG&E, its Implementers or other designated representatives shall make a good faith effort to
resolve the dispute by negotiation between representatives with decision -making power, who, to
the extent possible, shall not have had substantive involvement in the matters of the dispute.
16.2 Arbitration: In the event the Parties fail to resolve by negotiation any dispute arising out of
or relating to this Agreement, such dispute shall be resolved by binding arbitration administered by
JAMS (formerly known as Judicial Arbitration and Mediation Services) under its then current rules.
The arbitration shall be conducted in San Diego County, California. The Parties hereby irrevocably
waive any right to have such disputes tried before a jury. If either Party refuses or fails to participate
in arbitration after receiving notice, then the arbitrator shall make an award based on the evidence
presented to him or her. The arbitrator shall award the prevailing Party its fees and costs. Any
arbitration award shall be final and judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction. In no event may arbitration be demanded on any claim after
the applicable statute of limitation for commencing litigation has expired.
17.0 GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, excluding its conflict of
laws rules. The exclusive venue for any litigation arising from or relating to this Agreement shall
be in San Diego County, California.
18.0 PROGRAM PARTICIPANT REPRESENTATIONS
Program Participant represents it is an independent entity from SDG&E, its affiliates, contractors,
vendors, representatives, designees and nothing herein shall be construed as creating any agency,
partnership, or other form of joint enterprise between Program Participant and SDG&E, its
affiliates, contractors, vendors, representatives or designees nor create any obligations or
responsibilities on their behalf except as otherwise provide herein, nor make any representations of
any kind to this effect. Program Participant represents that it is the fee title owner and has the
ability to grant the Easement.
19.0 THIRD PARTY BENEFICIARIES
This Agreement and any related documents are solely between the Parties and no third parties are
6
84 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
intended beneficiaries.
Sempra Energy utility'
20.0 SEVERABILITY
If any provision under this Agreement or its application to any person or circumstance is held
invalid by any court of lawful jurisdiction, such invalidity shall not affect other provisions of the
Agreement which can be given effect without the invalid provision.
21.0 MARKETING & BRANDING (SDG&E BRAND or EVSP BRAND)
22.1 Disclaimer: All marketing, advertising or promotional materials which reference
SDG&E, its Implementers or other designated representatives or the Program itself, shall include
a disclaimer which shall state that Program Participant is not an agent or affiliate of any and all of
SDG&E, its Implementers or other designated representatives.
22.2 Logos/ Trademarks: Program Participant shall not use the logos, trademarks or service
marks of SDG&E, its Implementers or other designated representatives in any of Program
Participant's marketing, advertising, or promotional materials without express written approval
from SDG&E, its Implementers or other designated representatives as appropriate.
22.3 Signage: Neither SDG&E nor its Implementers or other designated representatives or the
Program itself shall be allowed to erect signage or other marketing materials on Program Participant
property without prior express approval.
22.4 Marketing Materials: SDG&E must pre -approve all Program marketing materials.
22.5 Endorsements: Program Participant shall not state or imply endorsement on the part of
SDG&E, its contractors or other designated representatives or the Program.
22.6 Right to Review Materials: SDG&E, its contractors or other designated representatives
reserves the right to review and approve any and all advertising, marketing, or promotional copy
or materials developed or used by the Program Participant which references the Program
Participant's participation in this Agreement or the Program, financing and other SDG&E programs
or those of the contractors or other designated representatives. At its sole discretion, SDG&E, its
contractors or other designated representatives may require the Program Participant to submit such
copy and materials for pre -approval. Approval shall be granted, unless SDG&E, its contractors or
other designated representatives, in its sole discretion, determines that the copy or materials are
misleading, in error, or fail to meet the requirements of this Agreement. The Program Participant
agrees to remove from circulation or otherwise discontinue the use of any such materials.
22.0 CHANGES
SDG&E, its Implementers or other designated representatives may initiate changes to the Program
as circumstances dictate. SDG&E, its Implementers or other designated representatives will make
every effort to provide at least 30 calendar days written notice of changes that affect Program
activities. In the event SDG&E, its Implementers or other designated representatives materially
change the Program to the detriment of Program Participant, Program Participant may terminate
this Agreement or rescind the Easement upon 30 days written notice to SDG&E, subject to the
terms of this Agreement.
Design Changes, Program Participant acknowledges and agrees that any infrastructure installed by
SDG&E may vary from the Conceptual Design, if, in SDG&E's sole discretion, actual Site
conditions or municipal requirements dictate such changes. Program Participant may be responsible
7
85 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
for incremental costs associated with changes to design requested by Program Participant for
convenience after acceptance of design.
23.0 TERMINATION AND TRANSFER
23.1 Term: This Agreement shall be in effect from the Effective Date ("Effective Date") through
a period of eight (8) years from the In -Service Date ("In -Service Date"), unless the parties agree in
writing to cancel or extend the Term ("Term").
23.2 SDG&E Right to Terminate: SDG&E may
terminate, or for any duration suspend, this Agreement and Program Participant's participation in
the Program, or operation of the infrastructure, with or without cause, at any time, and for any
reason, such reasons may include but are not limited to:
• Failure to provide or maintain terms of the Easement
• Breach of Agreement in whole or in part
• Permitting issues
• Exceptional installation costs
• Environmental concerns
• Program no longer authorized by the CPUC
• Any other reason(s) not in Program or ratepayers' best interest
23.3 Termination: Program Participant may terminate this Agreement upon thirty (30) days
notice should SDG&E materially breach any material term of this Agreement or fail to perform any
material its obligations hereunder, after notice and a reasonable opportunity to cure. Should a sale
of property or other circumstance result in Program Participant losing ability to perform its
obligations per this Agreement, Program Participant shall immediately notify SDG&E in writing
and without delay within ten (10) days of Program Participant knowledge of such a possibility and
notwithstanding anything to the contrary contained herein, this Agreement shall
terminate. Notwithstanding anything contained in this Agreement, if Program Participant
terminates the Agreement for any reason other than an SDG&E material breach prior to the eight
(8) year period, Program Participant will be responsible for the Removal Cost as calculated
pursuant to the Removal Cost Schedule in Section 8.1. If after signing this Agreement, Program
Participant withdraws from the Program prior to the site being activated, then SDG&E reserves the
right to recover all fees and costs incurred by it and its Implementers after the Effective Date
including, but not limited to, design cost, site walk costs, etc.
23.4 Transfer of Agreement: Under no circumstance may this Agreement or parts thereof be
assigned, transferred or otherwise conveyed without prior reasonable written approval of the other
Party.
23.5 Quitclaim: Upon the expiration or earlier termination of this Agreement and removal of
all above grade infrastructure, SDG&E shall quitclaim all of its interest in the Easement.
24.0 OPTION TO PURCHASE EVSE
At the end of the eight (8) year term of this Agreement, Program Participants may have the option
to purchase EVSE located at: Las Palmas Park, 1810 E 22nd St, National City, CA 91950, SDG&E
may sell EVSE to Program Participant at fair market value, subject to regulatory approval.
Program Participant must notify SDG&E in writing of its interest to purchase EVSE within thirty
(30) days of completing the eight (8) year period term of this Agreement.
8
86 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
25.0 NOTICES
Any notice provided under this Agreement shall be sent via certified U.S. Mail, signature required.
Notice is deemed effective on the third day after it is deposited in the U.S. Mail. Notice pursuant
to this Agreement shall be sent to:
25.1 Program Participant:
Primary - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
25.2 SDG&E:
Primary - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Back-up - Name:
Job Title:
Agency:
Address:
Email:
Phone:
Anthony Aguirre
Project Manager, Power Your Drive for Parks
SDG&E
8306 Century Park Court, CP 42F, San Diego, CA 92123
aaguirre@sdge.com
(619) 416-2311
Chris Farretta
Clean Trasnportation Programs Manager
SDG&E
8306 Century Park Court, CP 42F, San Diego, CA 92123
cfarreta@sdge.com
(858) 547-3091
26.0 AUTHORITY
The undersigned represents and warrants that it has the requisite power, legal authority and
capacity to enter into this Agreement and to perform each and every obligation required of Program
Participant under this Agreement.
27.0 MISCELLANEOUS
This Agreement, including the Exhibits attached hereto and all items incorporated herein by
reference and any written modification shall represent the entire and integrated agreement between
the Parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive
statement of the terms of the Parties' agreement, and shall supersede any and all prior negotiations,
representations or agreements, written or oral, express or implied, that relate in any way to the
9
87 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Sempra Energy utility'
subject matter of this Agreement or written modification. If any provision of this Agreement is
in any way deemed unenforceable, then the remainder of this Agreement and the application of
such term or provision to persons or circumstances other than those to which it is held
unenforceable, shall not be affected, and each term and provision shall be enforceable to the fullest
extent permitted by law.
At any time either Party is aware of, any ambiguity in, or conflict between or within this document,
said Party shall immediately bring such ambiguity to the attention of the other Party or its
designated representative for clarification and resolution.
28.0 ACKNOWLEDGEMENT
Program Participant represents and warrants that it has the requisite power, legal authority and
capacity to enter into this Agreement and to perform each and every obligation required of Program
Participant under this Agreement. In addition, the undersigned warrants and represents that the
person signing this Agreement on the Parry's behalf has and shall have all requisite power and legal
authority to bind the Party on whose behalf he/she is signing to the Party's obligations under this
Agreement.
Program Participant acknowledges that it has provided all required information and documentation
truthfully and accurately.
This Agreement shall become effective as of the Effective Date.
PROGRAM PARTICIPANT SAN DIEGO GAS & ELECTRIC
By: By:
Signature Signature
Date: Date:
Printed Name and Title Printed Name and Title
Name of Agency
10
88 of 159
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement A G
Date:
Site ID#: Site Name:
EXIBIT A: Owner Authorized Agent Form
Sempra Energy utiiitf
Owner Authorized Agent Form
I, , hereby authorize San Diego Gas & Electric to act as my agent in all
documents / forms as it relates to obtaining Agency permits for the installation of AB 1082/AB 1083 EV
charging infrastructure at the property listed below.
SITE HOST TO COMPLETE
Property Address:
Las Palmas Park, 1810 E 22nd St, National City, CA 91950
Agent Name, Address & Telephone Number:
Anthony Aguirre, Project Manager SDG&E
8306 Century Park Court, CP 42F, San Diego, CA 92123
aaguirre@sdge.com, (619) 416-2311
Property Owner Name, Address, & Telephone Number:
Signature: Date:
11
89 of 159
SI$A
SDG&E Power Your Drive for Parks Public EV Charging Program
Participation Agreement Sempra Energy utility'
EXHIBIT B: Preliminary Site Plan
I MS: DCTASI WARDER
9
EAEMENT RED.
IS: OC FAST CHARGER
EASEMENT REG.
200M1L1310 STATION
3PH. 4W.200A 211M9044 I 1
UMNOR
EASEMENTREO.
INS 1•1In-17
-�
EASEMENT RFC
INS. 1.4.
INS 3,0!dl.
WIGS 16'
EASEMENT REG.
INS 1.I Ir
4-60 INS :1.1
1-68 INS 'Y3?0. 1.3Od0Uv 6
EASEMENT RLC. L0'
&MILANI NCO.
8 13
a8. ra'
NS'TA, I'4U+4MI4
If/
'&LSPAF.MT RED EX. 34IS PAO TO
REMAIN
6E61.145014MS
DN0S' t.900AM8 q
r
02tiS19
NS.. 56 13125
5 145.g
1.148 N68
0233399 SC
EASEMENT REO
N18: L2 NALCNARGER
iS
EAEEMENTREO. �y
INS L2 COAL ClAIRGE11
EASEMENIRED IS
INS L2 OVAL641YRGER
E_A£EVENT REG.
1N5'. L20UAL GA-ARGER
Ea6E1EN? Rao.
NEW ICJA ZILRYA
CeNIECTPR INA 312 INA
INS: 1 . t 1.Y
El 4. 84
1-YS
EASEMENT TEO
IN8'A.lua-
4-1p
1M03
EASEMEN1 IMP.
WC
V
NS:1•e 1@'
A•4
1-a8
EASEMENT KO
NS:I - 1 I3'
4.N6
EASEMENT PEG
w
166A LOAD STAT1
2F14. EW. 4000. 12
MONKS
FASELIENT RED
12
90 of 159
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
8690 Balboa Avenue
San Diego, CA 92123-1569
Attn: Real Estate Records — CPA01
Project No.: 3-333203
Notif. No.: 3-333260
A.P.N.: 561-360-35
SR No.: 457398
RW 372055
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
CITY OF NATIONAL CITY (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands
hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair,
maintain and use facilities consisting of:
1. Underground facilities, together with aboveground structures consisting of, but not
limited to, pad -mounted electrical equipment, and electric vehicle charging stations
("EV Stations"), and appurtenances for the transmission and distribution of electricity
to the Facilities.
2. Communication facilities and appurtenances, which can include Supervisory Control
and Data Acquisition ("SCADA").
The above facilities will be installed at such locations and elevations upon, along, over and under
the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across
the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this
easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the County
of San Diego, State of California described as follows:
That portion of Quarter Sections 127, 128, and 134 of Rancho De La Nacion, according jo Map
thereof 166, filed in the Office of the County recorder of said County of San Diego, said portion is more
particularly described in Resolution No. 6280, filed at the City of National City, City Clerk, passed and
adopted on November 3, 1954.
T:landServices: NonRecords: NewBusiness:
Rev.
-l-
8I0236S
91 of 159
The easement in the aforesaid property shall be those strips of land, including all of the area lying
between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each
exterior side of each and every utility facility installed within said property on or before December 31,
2021.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct,
nor permit to be erected, placed or constructed any building or other structure, deposit any materials, plant
any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged
opening of any above ground Facility (other than the EV Station) and within three (3) feet of the EV
Station installed within this easement.
Grantor shall provide at all times, a delineated space surrounding each EV Station, so that EV
Station may be accessed and used by an electric vehicle for charging. SDG&E shall stencil, in paint, the
ground of such stall with the letters "EV Charging Only". SDG&E shall mark a minimum of two and up
to half of these spaces with a sign that states: "No parking except for electric vehicle charging". All
signage proposed for this project shall conform to City Wide Sign Regulations and be administered by the
Sign Code Administration Division of the Planning Department, where applicable.
Upon Grantor and Grantee's mutual agreement, at both parties' sole discretion, Grantee will (i)
remove Grantee's facilities from the Easement within a reasonable period of time, and (ii) upon Grantor's
request, furnish Grantor a good and sufficient quitclaim of the Easement; provided, that Grantee shall have
such time as is necessary to obtain any and all agency or jurisdictional requirements and approvals
necessary for such removal and quitclaim, including but not limited to any approval from the California
Public Utilities Commission as may be required.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent
to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any
building or other structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after
installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not
unreasonably be withheld.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent
to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said
right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or
hazard to property or persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall
not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING
SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING
PERMIS SION.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State of California.
T.•landServices: NonRecords.'New Business:
Rev.
- 2-
92 of 159
This easement shall be binding upon and inure to the benefit of successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this day of
, 20
CITY OF NATIONAL CITY
By:
Name:
Title:
PRINT NAME
Drawn: BCorbilla
Checked: ME
Date: 11/13/2020
Site No: 83200012
Site Name: National City - Las Palmas Park
T IcIndServices: NonRecords: NewBusiness:
Rev,
-3-
8102= rs
93 of 159
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
(name, title of officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the 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 of Notary Public)
(Notary Seal)
T:landServices: NonRecords: NewBusiness: -4- 8/0236S
Rev.
94 of 159
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City: 1) awarding a contract to Eagle Paving Company, Inc.
in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement
Project, CIP No. 19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for
any unforeseen changes; and 3) authorizing the Mayor to execute the contract.
(Engineering/Public Works)
Please scroll down to view the backup material.
95 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) awarding a contract to Eagle Paving Company, Inc.
in the not -to -exceed amount of $1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No.
19-12; 2) authorizing a 15% contingency in the amount of $163,036.65 for any unforeseen changes; and 3)
authorizing the Mayor to execute the contract.
PREPARED BY: Luca Zappiello, Assistant Engineer Civil
PHONE: 619-336-4360
EXPLANATION:
See attached.
DEPARTMENT: Engin ring/Pblic Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
Contract Award - $1,086,911.00
Expenditure Account No. 296-409-500-598-6048 (Federal HSIP Grant) — $604,440
Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $482,471
APPROVED:
APPROVED:
15% Contingency — $163,036.65
Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades)) - $163,036.65
Finance
MIS
ENVIRONMENTAL REVIEW:
Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(22), approved October 30,
2019.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of
$1,086,911.00 for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation w/ Vicinity Location Map
2. Bid Opening Summary
3. Three Lowest Bidders Summary
4. Owner -Contract Agreement
5. Resolution
96 of 1591
EXPLANATION
On December 12, 2016, the California Department of Transportation (Caltrans) awarded
a $680,940 Highway Safety Improvement Program (HSIP) grant for the Sweetwater Road
Safety Enhancements Project.
On January 27, 2020, Caltrans authorized the City to proceed with the construction phase
in the amount of $680,940 ($604,440 for construction and $76,500 for construction
management). There is an $83,475 local match requirement, which is available through
prior City Council local TransNet appropriations for FY 2020, however, the City will
contribute more than the required local match for this project in order to address
necessary pavement rehabilitation. The additional funds are also available through prior
City Council local TransNet appropriations for FY 2020.
The Sweetwater Road Safety Enhancement project will provide a 2" grind and overlay on
0.5 miles of Sweetwater Road from Stockman Street to the east side of Via Romaya
Street within the existing right -of way, and upgrade ADA ramps to the current standard
within the project limits, as well as address damaged cross gutter, and curb and gutter.
The project will also install new street lighting, raised median for traffic calming, new
striping including crosswalk and class II bike lane along Sweetwater Road.
On December 10, 2020, the bid solicitation was posted on PlanetBids, a free public
electronic bidding system for contractors. On December 21, 2020 and December 28,
2020, the bid solicitation was advertised in local newspapers.
On January 11, 2019, six (6) bids were received by the 11:00 a.m. deadline. Eagle Paving
Company, Inc. was the apparent lowest bidder with a total bid amount of $1,086,911.00.
Upon review of all documents submitted, Eagle Paving's bid was deemed responsive,
and they are the lowest responsible bidder qualified to perform the work as described in
the project specifications.
Staff recommends awarding a contract to Eagle Paving Company, Inc. in the amount not
to exceed $1,086,911.00 and authorizing a 15% contingency in the amount of
$163,036.65 to address any unforeseen conditions that may arise. The contract will be
funded through a combination of Federal HSIP Funds and TransNet.
Attached are the bid opening summary sheet and a line item summary of the three lowest
bidders for reference. Also attached is the Owner -Contractor Agreement.
Construction is estimated to be completed by Summer 2021. Updates will be provided
on the City's CIP website at: nationalcityprojects.com.
97 of 159
ap4S-
Bw31 ifal.k
Gamma It
DNto;t
as Epsilon ▪ 54 7,
CI.ge 4,4
44 5
. VI An'
0
x�
e
` a
8 w,...Vq"
C
} Q
M.hek 'E 4i
Z z 5\ r
Y x K tps'ASY
<.0„
1 i M,x E?uS0Mvd (+ ri. E\�,S, py S
S.b
µ Or. S9. O�y E' y 1 Em,7
:>mdA Plr4
W .$ .5a t. z . In Pii
- Et6n'sa 1 Pont
c Sa ,r
E
3� w WeM Y. n5 nrn>:u Lr+ t.22F'" c tYds' X Neerorel
m ,:e.
y 0
E ,S 4 b
a k a
5' b E14'S' o c22#' a K. .
S0St r A
i d zav5 6
LEGEND
— CORRIDOR LIMITS
CITY BOUNDARY
CALTRANS RIGHT OF WAY
PVcr.,.
5'JLILt
<Jd`5'
SboYSt
5 `2
E6"
-004
ENtiSaa 4
��pR1 d
A
K
6.6
0
n u.c
Twi drro
n E'S00 M S
1 20.000 ACM
IC
Divs, Jt 5,.e..S'
M
G Er.0o7 St
eb. ` Q KR,. ,,,,„9. JJd
CO''Pi'�'Sc Vtl(hy fld
44.11 1Va•Jd
e4t . nd
oef,
St
�4aaa
s170, fa \
• r
5<
go' CdJk
S
VICINITY MAP
CITY
BOUNDARY
key
•
PROJECT
"LOCATION
GALIFORHIA..
NATIONAL CITY
IlaZTY
lNCO$PO1050D
VICINITY/LOCATION MAP
CITY OF NATIONAL CITY
R9: INSTALL RAISED MEDIAN AND R1: ADD SEGMENT LIGHTING
2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
ATTACHMENT
1
98 of 159
} CALIFORNIA •-•.4.1-
NATIONAL Cirrif
/INCORPORATED
BID OPENING SUMMARY
NAME: SWEETWATER ROAD SAFETY ENHANCEMENTS
PROJECT
CIP NO: 19-12
DATE: Monday, January 11, 2020
TIME: 11:00 A.M.
ESTIMATE: $1,270,000.00
PROJECT ENGINEER: Roberto Yano, P.E.
NO.
BIDDER'S NAME
BID AMOUNT
ADDENDA
#1,2
BID
SECURITY
-BOND
1
Eagle Paving Company, Inc.
13915 Danielson Street
Poway, CA 92064
$1,086,911.00
Yes
Bond
2.
Blue Pacific Engineering & Construction
7330 Opportunity Rd, Suite J
San Diego, CA 92111
$1,088,430.00
Yes
Bond
3.
LB Civil Construction, Inc.
324 E. Valley Rd
Escondido, CA 92025
S1,105,050.00
Yes
Bond
4.
LC Paving & Sealing, Inc.
620 Alpine Way
Escondido, CA 92029
$1,167,448.00
Yes
Bond
5.
Portillo Concrete Inc.
3527 Citrus St
Lemon Grove, CA 91945
$1,255,485.00
Yes
Bond
6.
PAL General Engineering
2364 Paseo De Las Americas
San Diego, CA 92154
$1,900,513.00
Yes
Bond
99 of 159
Bid Results for Sweetwater Road Safety Enhancements Project (CIP No. 19-12)
Item
No.Inc.
Description•
Unit
Qty.
Eagle Paving Company,
Blue Pacific Engineering
& Construction
LB Civil Construction, Inc.
Base Bid -Sweetwater Road Safety Enhancements Project
1
Mobilization/Demobilization
LS
1
$20,000.05
$20,000.05
$50,000.00
$50,000.00
$25,000.00
$25,000.00
2
Traffic and Pedestrian
Control
LS
1
$26,000.00
$26,000.00
$68,000.00
$68,000.00
$40,000.00
$40,000.00
3
Signing and Striping
LS
1
$30,554.70
$30,554.70
$35,000.00
$35,000.00
$30,000.00
$30,000.00
4
Surveying
LS
1
$13,500.00
$13,500.00
$12,000.00
$12,000.00
$30,000.00
$30,000.00
5
Construct 6" Type B-3
Pinned Median Curb per
SDRSD G-6
LF
4750
$30.80
$146,300.00
$30.00
$142,500.00
$20.00
$95,000.00
6
Construct 6" PCC Pavement
Median Over Existing
Asphalt Pavement
SF
13910
$8.80
$122,408.00
$10.00
$139,100.00
$6.00
$83,460.00
7
Furnish and Install 2" PVC
Conduit with Mule Tape and
Tracer Wire
LF
2700
$30.45
$82,215.00
$27.00
$72,900.00
$44.00
$118,800.00
8
Furnish and Install Power
Conductors, Ground and
Splicing Per Plan
LF
2800
$5.46
$15,288.00
$5.00
$14,000.00
$6.00
$16,800.00
Box Furnish and Install #3.5 Pull
EA
15
$367.50
$5,512.50
$500.00
$7,500.00
$400.00
$6,000.00
10
ur ish and Install #5 Pull
Furnish
Box
EA
1
$420.00
$420.00
$800.00
$800.00
$450.00
$450.00
11
Furnish and Install Street
Light Standard with
Foundation Complete
EA
12
$6,300.00
$75,600.00
$6,500.00
$78,000.00
$6,500.00
$78,000.00
12
Furnish and Install 2P-30A
Circuit Breaker in Existing
Service Pedestal
EA
2
$157.50
$315.00
$500.00
$1,000.00
$170.00
$340.00
13
pemove and Salvage
Existing Street Lighting
Fixture, Furnish and Install
New LED Luminaire Street
Lighting Fixture
EA
5
$945.00
$4,725.00
$1,200.00
$6,000.00
$900.00
$4,500.00
14
Furnish and Install 6' Vehicle
Detector Loop Per Caltrans
Standard Plan ES-5B
EA
20
$435.75
$8,715.00
$450.00
$9,000.00
$400.00
$8,000.00
Sub Total
$551,553.25
$635,800.00
$536,350.00
Alternate 1 -Sweetwater Road Safety Enhancements Project . .
1
2" AC Grind and Overlay
SF
257000
$1.62
$416,340.00
$1.34
$344,380.00
$1.50
$385,500.00
2
Full Street Section Remove
and Replace
SF
300
$29.50
$8,850.00
$25.00
$7,500.00
$100.00
$30,000.00
3
Furnish and Install 6' Vehicle
Detector Loop Per Caltrans
Standard Plan ES-5B
EA
33
$435.75
$14,379.75
$450.00
$14,850.00
$400.00
$13,200.00
4
Construct Curb Ramp Per
Plan
EA
18
$4,730.00
$85,140.00
$4,000.00
$72,000.00
$5,500.00
$99,000.00
100 of 159
5
Construct 4" PCC Sidewalk
Per SDRSD G-7
SF
500
$13.20
$6,600.00
$15.00
$7,500.00
$50,00
$25,000.00
6
Construct 6" Curb and
Gutter Per SDRSD G-1
LF
80
$50.60
$4,048.00
$80.00
$6,400.00
$200.00
$16,000.00
Sub Total
$535,357.75
$452,630.00
$568,700.00
Total
$1,086,911.00:
$1,088,430.00
$1,105,050.00
101 of 159
OWNER - CONTRACTOR AGREEMENT
SWEETWATER ROAD SAFETY ENHANCEMENTS, GIP NO. 19-12
This Owner -Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Eagle
Paving Company, Inc. ("Contractor"), 13915 Danielson Street, San Diego, CA 92064, on
the 2nd of February, 2021, for the construction of the above referenced Project.
In consideration of the mutual covenants and agreements set forth herein, the Owner
and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in a turn -key manner in
accordance with this Agreement and all documents and plans referenced in Exhibit "A",
(hereinafter "Contract Documents"), in compliance with all relevant Federal, State of
California, County of San Diego and City of National City codes and regulations, and to the
satisfaction of the Owner.
2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for
constructing the project in accordance with these Contract Documents in an amount not
to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated
herein by reference. Payments to the Contractor shall be made in the manner described
in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project
in every detail to a complete and turn -key fashion to the satisfaction of the Owner within
the specified duration set forth in the Special Provisions.
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or
employ any qualified person, or bar or discharge from employment any person, or
discriminate against any person, with respect to such person's compensation, terms,
conditions or privileges of employment because of such person's race, religious status,
sex or age.
102 of 159
services rendered pursuant to this Agreement; however, Owner shall not have the right to
control the means by which Contractor accomplishes such services.
10, LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications
and approvals of whatever nature which are legally required to practice its profession.
Contractor represents and warrants to Owner that Contractor shall, at its sole cost and
expense, keep in effect at all times during the term of this Agreement, any licenses, permits,
qualifications or approvals which are legally required for Contractor to practice its
profession.
11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance
with the laws of the State of California, and the appropriate venue for any action or
proceeding arising from this Agreement and/or the Contract Documents shall be had in the
Superior Court of San Diego, Central Branch.
12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that the False Claims Act, California Government Code sections 12650, et
seq., provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the Owner seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor
hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from
further bidding on public contracts for a period of up to five (5) years.
have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
103 of 159
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements
(Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards
Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and
all other agencies that may be adjacent and/or affected by the project.
104 of 159
CORPORATE CERTIFICATE
I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
, who signed said contract on behalf of the
Contractor, was then of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
, who signed said contract on behalf of the
Contractor, was then of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
105 of 159
1
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2020-
, on the_2nd day of February, 2021, has awarded Eagle Paving Company, Inc.,
hereinafter designated as the "Principal", the SWEETWATER ROAD SAFETY
ENHANCEMENTS, CIP NO. 19-12.
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
as surety, are held and firmly
bound unto the City of National City, hereinafter called the "City", in the penal sum of
One Million, Eighty Six Thousand. Nine Hundred Eleven ($1,086,911.001
lawful money
of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the said contract any alteration thereof made as therein provides, on his
or their part, to be kept and performed at the time and in the amount therein specified,
and in al! respects according to their true intent and meaning, and shall indemnify and
save harmless the City of National City, its officers, agents, employees, and volunteers as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed herein or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive notice of any such
106 of 159
PERFORMANCE BOND
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
) ss
COUNTY OF
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known to me to be the person
whose name is subscribed to the within instrument as the attorney -in -fact of the
, the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
107 of 159
1
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner of Public Entity and original contractor or on
the part of any obliges named in such bond, but the sole conditions of recovery shall be
that claimant is a person described in Section 3110 or 3112 of the California Civil Code,
and has not been paid the full amount of his claim and that Surety does hereby waive
notice of any such change, extension of time, addition, alteration or modification herein
mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal
and Surety above named, on the day of , 20
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
108 of 159
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City, California, approving update to City Council Policy No.
107 entitled: Appointments to Boards, Commissions and Committees. (City Manager)
Please scroll down to view the backup material.
109 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, California, approving update to City
Council Policy No. 107 entitled: Appointments to Boards, Commissions and Committees. (City
Manager)
PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: City Manager's Office
PHONE: (619) 336-4272 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Review proposed policy revision for Chapter #107. Approval of Resolution Approving Update to the City Council
Policy 107 entitled: Appointments to Boards, Commissions and Committees.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Attachment A — Explanation
Attachment B — Current City Council Policy #107
Attachment C — Proposed Redline of City Council Policy #107
Attachment D — Resolution adopting changes (Exhibit A — Revised City Council Policy #107)
Attachment E — Regional Boards and Committees 2021
110 of 159
ATTACHMENT A
City Council Policy #107 Revisions
Agenda Report Explanation
Staff Recommendation:
Staff recommends approval of the attached resolution adopting City Council Policy #107.
Background:
On Tuesday, January 19, 2021, the City Council was presented with an outline of a new process
to implement which would assist in streamlining the appointment process for Mayor and City
Council appointed positions to Boards, Commissions, and Committees (BCCs). After lengthy
discussion, the City Council asked staff to return at a future meeting providing an update to the
City Council Policy establishing a revised policy, process and procedures that will be used in the
future to make appointments.
The current City Council Policy #107 and the National City Municipal Code already outline the
process. This update to the policy will streamline it for efficiencies and consistency while also
providing a step-by-step process to follow. There are two separate processes included in this
policy: one for Mayoral appointments (with City Council confirmation), and the other for City
Council appointments as a body.
Statement on Subject:
Staff received the comments and direction City Council provided at the January 19 meeting, and
has integrated those suggestions within the attached redline of proposed changes to Policy 107.
Staff has also included a resolution adopting the changes, the original policy and a clean version
of the updated policy for approval.
Staff would typically bring cumulative changes to the City Council Policy Manual to City Council
for annual review in October, but City Council appointments is a time -sensitive process that
requires the attention of the City Council now due to numerous current and upcoming
appointments in the next couple of months.
Staff has reviewed the existing Policy #107 and provided the associated Government Code and
National City Municipal Code (NCMC) citations providing for these changes.
In summary, the Policy update provides a uniform, equitable process for Board and Commission
appointments by the City Council while also allowing for the Mayor to make the appointments as
currently authorized by both the Government Code and the NCMC, similar to processes already
in place in some neighboring jurisdictions.
City Council Boards and Commissions Appointments — Interview Process
Per the National City Municipal Code, the following two Commissions appointments are made by
the City Council: Civil Service Commission and Planning Commission. In practice, the City
Council also makes the appointment for the Port Commission.
111 of 159
ATTACHMENT A
For these three appointments, the following process is proposed:
The City Clerk will provide an overview of the Boards, Commissions, and Committees for each
vacancy. The Mayor will introduce the applicant and then the same two (2) questions will be asked
of each applicant on behalf of the City Council.
• Each applicant will be given one (1) minute to make a brief introduction introduce
themselves and their qualifications to the City Council.
• Mayor will ask the first question — "What is your background and what specific
qualifications make you the best candidate for this position?
• Applicant is given one (1) minute to respond.
• Vice -Mayor will ask the second question — "Why are you interested in a position on this
specific Board/Commission/Committee?"
• Applicant will be given one (1) minute to respond.
After all questions have been asked, the City Council can request brief clarification on a response
to a previously asked question, but cannot ask new or additional questions. One (1) minute will
be provided for clarification of the question and response.
Total time per applicant is five (5) timed minutes with a few minutes for the clarification portion.
No more than ten (10) minutes total per applicant.
Once all of the interviews have concluded for a specific vacancy, the Mayor will ask the City
Council to vote. Virtually this will be done by the Councilmembers holding up a piece of paper
with the name of the applicant they vote for when directed. The City Clerk's Office will provide a Vote
Sheet (a piece of paper electronically) with each applicants name to be considered. The Mayor will count
to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on
the camera during live virtual meeting. The City Clerk will tally the votes and will then confirm the votes
with a verbal roll call. The applicant with the most votes is appointed. If the meeting is held "in person"
no changes are proposed for the voting process.
Mayoral Appointments with City Council Confirmation
Per the National City Municipal Code, the following eight Boards, Commissions, and Committee
appointments are made by the Mayor and confirmed by the City Council:
• Board of Library Trustees,
• Community and Police Relations Commission,
• Housing Advisory Committee,
• Park, Recreation and Senior Citizens Advisory Committee,
• Public Art Committee,
• Sweetwater Authority,
• Traffic Safety Committee and
• Veterans and Military Families Advisory Committee.
112 of 159
ATTACHMENT A
In the past, we have allocated significant time for the City Council to interview all applicants;
however, this is not required by law, and is not the practice in a number of other San Diego County
cities.
The second proposed process change would have the Mayor conduct outside interviews of
applicants for those eight Boards, Commissions, and Committees, and announce the
recommended appointments to City Council for possible confirmation. The names of those
individuals and copies of their applications would be contained within an agenda report provided
to the City Council by the City Clerk in regular session.
Procedurally, the Mayor will announce the appointment, call for a second, and the vote will be
taken. The applicant with the most votes will be appointed. The City Clerk will then take a roll call
vote for vocal confirmation of majority of the City Council for appointment.
If a Councilmember has a concern about a specific appointment proposed by the Mayor, they can
state their concern and discussion will follow. A majority of the City Council can elect to vote "nay"
and deny the proposed appointment, at which point the Mayor would propose an alternative
candidate from the current applicant pool, or could choose to reopen the application period and
return to City Council with a different applicant for consideration.
Closing
If adopted, the proposed appointment process will more efficiently reserve time at City Council
Meetings to address the three Commission appointments that require the Council to interview and
appoint members in open session using agreed upon questions. These efficiencies will be
recognized by the amount of time the City Council and staff will have to focus on the other
business needs of the City.
No changes are proposed to the current appointment process for Regional Boards and
Commissions appointments which are filled by Councilmembers and/or City staff members and
do not require a public application process. A listing of those Regional Boards is attached for
reference.
113 of 159
ATTACHMENT B
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Appointments to Boards and Commissions POLICY #107
ADOPTED: June 17, 1986 AMENDED: May 19, 2020
PURPOSE
To establish a procedure to serve as a guide in making appointments to various City
Boards and Commissions. The City currently has the following boards, commissions,
and committees (generally referred to as Boards and Commissions) to which this Policy
would apply: Board of Library Trustees; Civil Service Commission; Community and
Police Relations Commission; Park, Recreation and Senior Citizens Advisory
Committee; Planning Commission; Public Art Committee; Traffic Safety Committee;
and, Veterans and Military Families Advisory Committee.
POLICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an
opportunity to submit applications for vacancies on City Board and
Commissions. Incumbent Commissioners are not automatically re-
appointed but are required to fill out an abbreviated application provided
by the City Clerk, indicating their interest in continuing to serve.
B. Unexpired terms. If an incumbent Commissioner was appointed to fill an
unexpired term and the Commissioner has served for less than one year in
that position, the Council may re -appoint the incumbent without
considering other applicants.
C. Vacancies. When Commissioner vacancies occur, the following procedure
shall be followed:
1. Schedule vacancy. When a term is or has expired, a public notice of the
vacancy shall be made. Interested individuals will be invited to submit
applications for the vacancy on a form provided by the City Clerk.
2. Unscheduled vacancy. An unscheduled vacancy shall be filled pursuant
to and consistent with Government Code section 54974, which provides
generally as follows: When an unscheduled vacancy occurs, whether due
to resignation, death, termination, or other causes, a special vacancy
notice shall be posted in the office of the City Clerk and the National City
Library, and in other places as directed by the City
Page 1 of 4
114 of 159
ATTACHMENT B
TITLE: Appointments to Boards and Commissions POLICY #107
ADOPTED: June 17, 1986 AMENDED: May 19, 2020
Council, not earlier than 20 days before or not later than 20 days after the
vacancy occurs. Final appointment shall not be made by the City Council
for at least 10 working days after the posting of the notice in the City
Clerk's office. However, the City Council may, if it finds that an
emergency exists, fill the unscheduled vacancy immediately. A person
appointed to fill the vacancy shall serve only on an acting basis until
the final appointment is made pursuant to this section.
3. Applications will be reviewed by the entire City Council and applicants
will be interviewed by the entire City Council.
D. Implementation. Implementation of Council policy for appointment to
Boards and Commissions requires the following:
1. Preparation of appointments list by the City Council. On or before
December 31 of each year, the City Council via the City Clerk shall
prepare an appointments list (known as the Local Appointments
List) of all regular and ongoing boards, commissions, and
committees which are appointed by the Mayor and/or the City
Council, in compliance with Government Code section 54972, which
generally requires a list of all appointive terms which will expire
during the next calendar year, the name of the incumbent appointee,
the date of appointment, the date the term expires, and the necessary
qualifications for the position; and a list of all boards, commissions,
and committees whose members serve at the pleasure of the City
Council, and the necessary qualifications for each position.
2. Notice. Placement of a legal/public notice in a local San Diego
newspaper advertising appointivevacancies;
3. Expiration of term. A letter to be sent to all office holders as their
terms expire asking if they would like to re -apply for the position;
4. Interviews . Interviews to be held for those who file applications for
all committees with current vacancies. Each applicant will have the
opportunity to make a brief (approximately S minute) presentation
of their interests and qualifications before the City Council at a
regular Council meeting. All appointments and interviews before the
City Council will be scheduled as needed to fill unexpected
vacancies, with every effort to be made before an individual's term
expires. Interviews may take place at one meeting, with
appointments made at a subsequent meeting.
Page 2 of 4
115 of 159
ATTACHMENT B
TITLE: Appointments to Boards and Commissions POLICY #107
ADOPTED: June 17, 1986 AMENDED: May 19, 2020
E. Vacancies for Council Appointed Positions. If the vacancy is for a
Councilappointed position, and there is more than one applicant for a
given position, the voting process will proceed as follows
1. Once the interviews are complete, each Councilmember votes for
his/her choice via a written ballot. Each Councilmember shall print
and sign his/her name on the ballot. All ballots shall be considered a public
record and open to inspection by the public.
2. The ballots are passed to the City Clerk who announces the number of votes
for each candidate. In the event of a tie, each Councilmember votes again until
one (1) candidate has the majority vote, and is declared to be the new
Commissioner.
3 . Re -appointment beyond two terms. Anyone wishing to be re -appointed to any
Board or Commission, and has served two or more full terms already, must be
approved a four -fifths vote of the Council. In these instances, if all five
members of the Council are not present or if one member abstains or recuses
his/her vote, the four -fifths requirement would be changes to require only a
simple majority.
F. An automatic vacancy upon becoming a Non -Resident. An unscheduled
vacancy automatically occurs when a resident holding an appointment
position on a City Board, Committee or Commission becomes a non-resident
by moving out of National City limits. When an unscheduled vacancy occurs
due to a resident becoming a non-resident, the unscheduled vacancy may be
filled as follows:
1. A special vacancy notice shall be posted in the Office of the City Clerk
and the National City Library, and in other places as directed by the City
Council, not earlier than 20 days before or not later than 20 days after the
vacancy occurs. Final Appointment at a City Council Meeting, shall not
be made by the Appointing Authority for at least 10 working days after
the posting of the notice in the City Clerk's Office.
2. The Appointing Authority may appoint the former resident to a Non -
Residential position if a Non -Residential position is vacant.
3. However, the Appointing Authority may, if it finds that an emergency
exist, fill the unscheduled vacancy immediately. A person appointed to
fill the vacancy shall serve only on an acting basis until the final
appointment is made pursuant to this section.
4.
Page 3 of 4
116 of 159
ATTACHMENT B
TITLE: Appointments to Boards and Commissions POLICY #107
ADOPTED: June 17, 1986 AMENDED: May 19, 2020
G.
Only City Residents may be elected to Chair. To be eligible to be elected as
the Chairperson of a City Board, Committee or Commission, the member
must be a resident of the City.
Appointing Authority
Under the Government Code, the Mayor has appointment power to all Boards and
Commissions, subject to ratification by the City Council, unless there is a State law
which directly, or by implication, grants the appointment power to the City Council.
The following is a list of City Boards and Commissions divided between the Mayor
and City Council as the Appointment power exists.
Mayor's Appointments:
Board of Library Trustees
Traffic Safety Committee
Parks, Recreation and Senior Citizens Advisory Committee
Sweetwater Authority
Community and Police Relations Commission (CPRC)
Public Art Committee
Veterans and Military Families Advisory Committee
City Council Appointments:
Planning Commission (including Committee for Housing and
Community Development)
Port Commission
Civil Service Commission
Related Policy References
Government Code section 40605
Government Code section 54970, et.seq.
National City Municipal Code Title 16 (pending)
Prior Policy Amendments
None
Page 4 of 4
117 of 159
ATTACHMENT C
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Appointments to Boards, a POLICY #107
Commissions, and Committees
ADOPTED: June 17, 1986 AMENDED: May 19, 2020
February 2, 2021
PURPOSE
To establish a procedure to serve as a guide in making appointments to various City
Boards,. and Commissions, and Committees. The City currently has the following
Bboards, Coommissions, and Csommittees (generally referred to as Boards and
Commissions) to which this Policy wexlcl-appliesy:
Mayor's Appointments:
1. Board of Library Trustees
2. Community and Police Relations Commission
3. Housing Advisory Committee
4. Park, Recreation and Senior Citizens Advisory Committee
5. Public Art Committee
6. Sweetwater Authority
7. Traffic Safety Committee
8. Veterans and Military Families Advisory Committee
City Council Appointments:
1. Civil Service Commission
,._Planning Commission
3. Port Commission
POLICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an
opportunity to submit applications for vacancies on City Boards and
Commissions, and Committees. Incumbent Commissioners Appointees
are not automatically re- appointed but are required to fill out an
abbreviated application provided by the City Clerk, indicating their interest
in continuing to serve.
B. Unexpired terms. If an incumbent Commissioner Appointee was appointed
Page 1 of 8
118 of 159
ATTACHMENT C
1
to fill an unexpired term and the Commissioner Appointee has served
serves for less than one year in that position.; In that case, the Council may
re -appoint the incumbent without considering other applicants.
C. Vacancies. When Commissioner vacancies occur, the following procedure
shall be followed:
1_Schedule vacancy. When a term is or has expired expiring or expires, a
public notice of the vacancy shall be made, inviting: i—Interested
individuals will be invited to submit applications for the vacancy on a
form provided by the City Clerk on the City website.
2. Unscheduled vacancy. An unscheduled vacancy shall be filled pursuant
according to and consistent with Government Code Section 54974,
which provides generally generally provides as follows: Whenever an
unscheduled vacancy occurs, whether due to resignation, death,
termination, or other causes, a special vacancy notice shall be posted in
the office of the City Clerk,_ and the National City Library„ the City
website, outside City Hall on the Bulletin Board and City social media
platforms. and in other places as directed by the City
Page 2 of 8
119 of 159
ATTACHMENT C
Council, Nnot earlier than twenty (20) days before or not later than
twenty (20) days after the vacancy occurs.
made by Tthe City Council shall not make final appointment for at least
ten (-101 working days after the posting of the notice in the City Clerk's
office. designated locations. The notice's posting and application period
shall be thirty (30) calendar days. However, the City Council may, if it
finds that an emergency exists, the City Council may, fill the unscheduled
vacancy immediately. According to this section, a person appointed to
fill the vacancy shall serve only on an acting interim basis until the final
appointment_ is made pursuant to this section.
3. Applications will be reviewed by the entire City Council and applicants
will be interviewed by the entire City Council.
3. Government Code Section 40605, and National City Municipal Code
Title 16, grants the Mayor, with the City Council's approvals, the
authority to make all appointments unless otherwise explicitly provided
by statute. The exceptions are:
1. Civil Service Commission
2. Port Commission
3. Planning Commission
The City Council fills vacancies on these bodies.
D. Implementation. Implementation of Council policy for appointment to
Boards -and Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of
each year, the City Council shall prepare a list of appointments of all
regular and ongoing boards, commissions, and committees appointed
by the City Council. The City Clerk will prepare the list of Preparation
of appointments list by the City Council. On or before December 31
of each year, the City Council via the City Clerk shall prepare an
appointments list (known as the Local ^ ppoi„tme„ts T t) of all
regular and ongoing boards, commissions, and committees which are
appointed by the Mayor or the City Council. The list shall contain, in
compliance with Government Code section 51972, which generally
requires a list of all appointive terms which will expire during the next
calendar year, the name of the incumbcnt appointee, the date of
appointment, the date the term expires, and the necessary
qualifications for the position; that will expire during the next calendar
year, the incumbent appointee's name, the appointment date, the terms
expiration date, and the position's necessary qualifications. It shall
also include and —a list of all boards, commissions, and committees
Page 3 of 8
120 of 159
ATTACHMENT C
whose members serve at the pleasure of the City Council's pleasure,
and the necessary qualifications required for each position. This Local
Appointments List shall be made available to the public on the City
website.
2. Notice. Placement of a legal/public notice in a local San Diego the
adjudicated newspaper the City uses for legal noticing advertising
appointive vacancies, the City website, City Hall Bulletin Board, and
City social media platforms.;
3. Expiration of term. A letter to be sent to Aall office holders as their
appointees will receive a letter as their terms expire asking if they
would like to re -apply for the position;
4. Applications. Available on the City website and in the City Clerk's
Office. Submission must be before the advertised deadline for
consideration for the current appointment. All applications will be
retained in the City Clerk's Office for one-year from submitting an
application to be considered for other vacancies on Boards,
Commissions, and Committees as marked on the application. The City
Clerk's Office will notify the applicant being considered for an
appointment to confirm that they are still interested in volunteering.
5. A member may only service on one (1) Board, Commission, or
Committee at a time. If applying for another position on a different
Board, Commission, or Committee that applicant will forfeit the prior
seat, and a vacancy will occur per policy.
6. Interviews
a. Mayor Appointments: Interviews for Mayoral appointments will
be conducted by the Mayor outside of the public meeting and
scheduled by the Mayor's Office.
b. City Council Appointments: Interviews for the three (3) Civil
Service, Planning and Port Commissions who serve at the City
Council's pleasure and are appointed by the City Council as a
body will be interviewed in the public forum at a City Council
Meeting as described below.
7. Mayoral Appointments:
The Mayor will make the motion to appoint (naming the appointee) and
Councilmembers may second the motion. The City Clerk will then take a
roll call vote of the City Council. A majority vote of the City Council will
be required for the appointment. If, the majority of the City Council choose
Page 4 of 8
121 of 159
ATTACHMENT C
to deny the proposed appointment, at which point the Mayor would propose
an alternative candidate from the current application pool, or could choose
to reopen the application period and return to City Councils with a different
applicant for consideration.
8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board, Commission
and Committee (s) with current vacancy, the Mayor will introduce
the applicant and the two (2) questions will be asked of each
applicant on behalf of the City Council.
b. to be held for those who file applications for all committees with
current vacancies. Each applicant is given one (1) minute will -have
the opportun t� to make a brief introduction of themselves and their
qualifications to the City Council. (approximately S minute)
presentation of their interests and qualifications before the City
Council at a regular Council meeting.
c. Mayor will ask the question: "What is your background and what
specific qualifications make you the best candidate for this
position?"
d. Applicant is given one (1) minute to respond.
e. Vice -Mayor will ask the question: "Why are you interested in a
position on this specific Board, Commission or Committee?"
f. Applicant is given one (1) minute to respond.
g.
Councilmembers may ask for brief clarification of response, but
cannot ask new or additional questions. This is to ensure fairness
for all applicants and reduce any bias or favoritism. No more than
one (1) minute for clarification of question and response will be
permitted.
h. Total time per applicant is five (5) timed minutes with a few
minutes for clarification. No more than ten (10) minutes total per
applicant.
i. All appointments and interviews before the City Council will be
scheduled as needed to fill unexpected vacancies, with every effort
to be made before an individual's term expires. Interviews may take
place at one meeting, with appointments made at a subsequent
meeting.
Page 5 of 8
122 of 159
ATTACHMENT C
9. Vacancies for City Council Appointed Positions. If the vacancy is for a
Council appointed position, and there is more than one (1) applicant for a given
position, the voting process will proceed as follows_
a —a. Once the interviews are complete, each Councilmember votes for
his/her their choice via a written ballot provided by the City Clerk. Each
Councilmember shall print and sign hrc/her their name on the ballot. All
ballots shall be considered a public record and open to inspection by the public.
b. The ballots are passed to the City Clerk who announces the number of votes for
each candidate. ,
candidate has the majority vote, and is declared to be the new Commissioner.
c. II the appointment process is conducted via a virtual meeting the process is the
same except the ballot/vote process. The City Clerk's Office will provide a Vote
Sheet (a piece of paper electronically) with each applicants name to be considered.
The Mayor will count to three (3) and the Council will hold their vote sheet up in
front of their face to make sure it is captured on the camera during live virtual
meeting. The City Clerk will tally the votes and will then confirm the votes with a
verbal roll call. The applicant with the most votes is appointed
If meeting is held "in person" no changes to current process will be made for votes.
d. In the event of a tie, each Councilmember votes again until one (1) candidate
has the majority vote, and is declared to be the newly appointed.
10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any
Board, Commission, or Committee, and has served two or more full terms
already, must be approved lka four -fifths vote of the Council. In these in; tancec,
lif all five members of the Council are not present or if one member abstains or
recuses his/her their vote, the four -fifths requirement would be changeds to require
only a simple majority.
11. Report to Council:
All applications received for vacancies no matter Mayoral Appointment or
City Council Appointment will be attached to the staff report to Council. All
applications will have private personal information redacted (name, street
numbers and name of street address, and phone number). This redacted
information is in alignment with law, Under Government Code Section
6255(a)_personal contact information is exempt, and has been withheld on
some documents. Personal information being withheld is in the interest of the
applicant and their right to privacy which outweighs the public interest of
disclosure.
Page 6 of 8
123 of 159
ATTACHMENT C
4-0-12. An automatic vacancy upon becoming a Non -Resident. An unscheduled
vacancy automatically occurs when a resident holding an appointment
position on a City Board, Committee or Commission becomes a non-resident
by moving out of National City limits. When an unscheduled vacancy occurs
due to a resident becoming a non-resident, the unscheduled vacancy may be
filled as follows:
a. A special vacancy notice shall be posted in the Office of the City Clerk and
the National City Library, and in other places as directed by the City Council,
not earlier than 20 days before or not later than 20 days after the vacancy
occurs. Final Appointment at a City Council Meeting, shall not be made by
the Appointing Authority for at least 10 working days after the posting of the
notice in the City Clerk's Office.
b. The Appointing Authority may appoint the former resident to a Non -
Residential position if a Non -Residential position is vacant.
However, the Appointing Authority may, if it finds that an emergency exist, fill
the unscheduled vacancy immediately. A person appointed to fill the vacancy
shall serve only on an acting basis until the final appointment is made pursuant
to this section.
44,13. Only City Residents may be elected to Chair. To be eligible to be elected as the
Chairperson of a City Board, Committee or Commission, the member must be a
resident of the City.
Appointing Authority
over the G_over,,,.,-,ent C„de, the " tment power to —ail d;-and
Commissions, subject to ratification by the City Council, unless there is a State law
which directly, or by implication, grants the appointment power to the City Council.
The following is a list of City Boards and Commissions divided between the Mayor
and City Council as the Appointment power exists.
Mayor's Appointments:
Board of Library Trustees
Traffic Safety Committee
Parks, Recreation and Senior Citizens Advisory Committee
Sweetwater Authority
Community and Police Relations Commission (CPRC)
Public Art Committee
Veterans and Military Families Advisory Committee
City Council Appointments:
Planning Commission (including Committee for Housing and
Page 7 of 8
124 of 159
ATTACHMENT C
1
Community Development)
Port Commission
Civil Service Commission
Related Policy References
Government Code section 40605
Government Code section 54970, et.seq.
National City Municipal Code Title 16 (pending)
Prior Policy Amendments
None May 19, 2020
Page 8 of 8
125 of 159
ATTACHMENT D
RESOLUTION NO. 2021-
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING UPDATE TO CITY COUNCIL POLICY 107 ENTITLED:
APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
WHEREAS, establishing an update to the policy for appointments to Boards,
Commissions, and Committees currently outlined in the City Council Policy Number 107;
WHEREAS, pursuant to City Council Policy 107 provides for the appointment
process including the need to publicly interview only for specific Boards and
Commissions;
WHEREAS, Government Code Section 40605, and the National City Municipal
Code Title 16, grants the Mayor, with the approval of the City Councils' authority to make
all appointments to boards, commissions and committees, unless otherwise specifically
provided by statute;
WHEREAS, the City Council as a body has the jurisdiction to appoint members to
the Civil Service Commission, Port Commission, and Planning Commission, after
conducting public interviews at a scheduled City Council Meeting;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1 That the City Council does acknowledge that by utilizing the policy
already in place, and streamlining, to recognize the use of the City Council, staff and the
publics time would be better served by allowing the Mayoral appointments to be
integrated into the current process and interviews conducted by the Mayor outside of a
public meeting;
Section 2 Adopting the Step -by -Step process outline to ensure transparency,
fairness and equality in the interview process to all applicants; and
Section 3. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this day of February, 2021, by the following vote:
Alejandra Sotelo-Solis, Mayor
ATTEST: APPROVED AS TO FORM:
Luz Molina, City Clerk Charles E. Bell Jr., City Attorney
126 of 159
ATTACHMENT D - EXHIBIT
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Appointments to Boards, Commissions, POLICY #107
and Committees
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
PURPOSE
To establish a procedure to serve as a guide in making appointments to various City
Boards, Commissions, and Committees. The City currently has the following Boards,
Commissions, and Committees to which this Policy applies:
Mayor's Appointments:
1. Board of Library Trustees
2. Community and Police Relations Commission
3. Housing Advisory Committee
4. Park, Recreation and Senior Citizens Advisory Committee
5. Public Art Committee
6. Sweetwater Authority
7. Traffic Safety Committee
8. Veterans and Military Families Advisory Committee
City Council Appointments:
1. Civil Service Commission
2. Planning Commission
3. Port Commission
POLICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity
to submit applications for vacancies on City Boards, Commissions, and
Committees. Incumbent Appointees are not automatically re- appointed but
are required to fill out an abbreviated application provided by the City Clerk,
indicating their interest in continuing to serve.
B. Unexpired terms. If an incumbent Appointee was appointed to fill an
unexpired term and the Appointee serves for less than one year in that
position. In that case, the Council may re -appoint the incumbent without
considering other applicants.
C. Vacancies. When vacancies occur, the following procedure shall be followed:
1. Schedule vacancy. When a term is expiring or expires, public notice of the
vacancy shall be made, inviting interested individuals to submit
applications for the vacancy on a form provided by the City Clerk on the
City website.
127 of 159
ATTACHMENT D - EXHIBIT
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to
Government Code Section 54974, which generally provides as follows:
Whenever an unscheduled vacancy occurs, whether due to resignation,
death, termination, or other causes, a special vacancy notice shall be posted
in the office of the City Clerk, the City website, outside City Hall on the
Bulletin Board and City social media platforms.
Not earlier than twenty (20) days before or not later than twenty (20) days
after the vacancy occurs. The City Council shall not make final appointment
for at least ten (10) working days after posting the notice in designated
locations. The notice's posting and application period shall be thirty (30)
calendar days. However, if it finds that an emergency exists, the City
Council may, fill the unscheduled vacancy immediately. According to this
section, a person appointed to fill the vacancy shall serve only on an interim
basis until the final appointment.
3. Government Code Section 40605, and National City Municipal Code Title
16, grants the Mayor, with the City Council's approvals, the authority to
make all appointments unless otherwise explicitly provided by statute. The
exceptions are:
1. Civil Service Commission
2. Port Commission
3. Planning Commission
The City Council fills vacancies on these bodies.
D. Implementation. Implementation of Council policy for appointment to
Boards, Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of each
year, the City Council shall prepare a list of appointments of all regular
and ongoing boards, commissions, and committees appointed by the City
Council. The City Clerk will prepare the list of all regular and ongoing
boards, commissions, and committees appointed by the Mayor or the City
Council. The list shall contain, a list of all terms that will expire during
the next calendar year, the incumbent appointee's name, the appointment
date, the terms expiration date, and the position's necessary qualifications.
It shall also include a list of all boards, commissions, and committees
whose members serve at the City Council's pleasure, and the qualifications
required for each position. This Local Appointments List shall be made
available to the public on the City website.
2. Notice. Placement of a public notice in the adjudicated newspaper the City
uses for legal noticing advertising appointive vacancies, the City website,
City Hall Bulletin Board, and City social media platforms.
2
128 of 159
ATTACHMENT D - EXHIBIT
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
3. Expiration of term. All appointees will receive a letter as their terms expire
asking if they would like to re -apply for the position;
4. Applications. Available on the City website and in the City Clerk's Office.
Submission must be before the advertised deadline for consideration for the
current appointment. All applications will be retained in the City Clerk's
Office for one-year from submitting an application to be considered for other
vacancies on Boards, Commissions, and Committees as marked on the
application. The City Clerk's Office will notify the applicant being
considered for an appointment to confirm that they are still interested in
volunteering.
5. A member may only service on one (1) Board, Commission, or Committee at
a time. If applying for another position on a different Board, Commission, or
Committee that applicant will forfeit the prior seat, and a vacancy will occur
per policy.
6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will
be conducted by the Mayor outside of the public meeting and
scheduled by the Mayor's Office.
b. City Council Appointments: Interviews for the three (3) Civil
Service, Planning and Port Commissions who serve at the City
Council's pleasure and are appointed by the City Council as a
body will be interviewed in the public forum at a City Council
Meeting as described below.
7. Mayoral Appointments:
The Mayor will make the motion to appoint (naming the appointee) and
Councilmembers may second the motion. The City Clerk will then take a roll
call vote of the City Council. A majority vote of the City Council will be
required for the appointment. If, the majority of the City Council choose to
deny the proposed appointment, at which point the Mayor would propose an
alternative candidate from the current application pool, or could choose to
reopen the application period and return to City Councils with a different
applicant for consideration.
8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board,
Commission and Committee (s) with current vacancy, the Mayor
will introduce the applicant and the two (2) questions will be
asked of each applicant on behalf of the City Council.
3
129 of 159
ATTACHMENT D - EXHIBIT
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
b. Each applicant is given one (1) minute to make a brief
introduction of themselves and their qualifications to the City
Council.
c. Mayor will ask the question: "What is your background and
what specific qualifications make you the best candidate for this
position?"
d. Applicant is given one (1) minute to respond.
e. Vice -Mayor will ask the question: "Why are you interested in a
position on this specific Board, Commission or Committee?"
f. Applicant is given one (1) minute to respond.
g.
Councilmembers may ask for brief clarification of response, but
cannot ask new or additional questions. This is to ensure fairness
for all applicants and reduce any bias or favoritism. No more
than one (1) minute for clarification of question and response will
be permitted.
h. Total time per applicant is five (5) timed minutes with a few
minutes for clarification. No more than ten (10) minutes total
per applicant.
i. All appointments and interviews before the City Council will be
scheduled as needed to fill unexpected vacancies, with every
effort to be made before an individual's term expires. Interviews
may take place at one meeting, with appointments made at a
subsequent meeting.
9. Vacancies for City Council Appointed Positions. If the vacancy is for a
Council appointed position, and there is more than one (1) applicant for a
given position, the voting process will proceed as follows: Once the
interviews are complete, each Councilmember votes for their choice via a
written ballot provided by the City Clerk. Each Councilmember shall print
and sign their name on the ballot. All ballots shall be considered a public
record and open to inspection by the public. The ballots are passed to the City
Clerk who announces the number of votes for each candidate.
If, the appointment process is conducted via a virtual meeting the process
is the same except the ballot/vote process. The City Clerk's Office will
provide a Vote Sheet (a piece of paper electronically) with each applicants
name to be considered. The Mayor will count to three (3) and the Council
will hold their vote sheet up in front of their face to make sure it is captured
on the camera during live virtual meeting. The City Clerk will tally the
votes and will then confirm the votes with a verbal roll call. The applicant
4
130 of 159
ATTACHMENT D - EXHIBIT
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
with the most votes is appointed.
If meeting is held "in person" no changes to current process will be made for votes.
In the event of a tie, each Councilmember votes again until one (1) candidate has the
majority vote, and is declared to be the newly appointed.
10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any
Board, Commission, or Committee, and has served two or more full terms already,
must be approved by a four -fifths vote of the Council., If all five members of the
Council are not present or if one member abstains or recuses their vote, the four -
fifths requirement would be changed to require only a simple majority.
11. Report to Council:
All applications received for vacancies no matter Mayoral Appointment or City
Council Appointment will be attached to the staff report to Council. All
applications will have private personal information redacted (name, street
numbers and name of street address, and phone number). This redacted
information is in alignment with law, Under Government Code Section 6255(a)
personal contact information is exempt, and has been withheld on some
documents. Personal information being withheld is in the interest of the
applicant and their right to privacy which outweighs the public interest of
disclosure.
12. An automatic vacancy upon becoming a Non -Resident. An unscheduled
vacancy automatically occurs when a resident holding an appointment position
on a City Board, Committee or Commission becomes a non-resident by moving
out of National City limits. When an unscheduled vacancy occurs due to a
resident becoming a non-resident, the unscheduled vacancy may be filled as
follows:
a. A special vacancy notice shall be posted in the Office of the City
Clerk and the National City Library, and in other places as directed
by the City Council, not earlier than 20 days before or not later than
20 days after the vacancy occurs. Final Appointment at a City
Council Meeting, shall not be made by the Appointing Authority
for at least 10 working days after the posting of the notice in the
City Clerk's Office.
b. The Appointing Authority may appoint the former resident to a
Non- Residential position if a Non -Residential position is vacant.
However, the Appointing Authority may, if it finds that an emergency exist, fill
the unscheduled vacancy immediately. A person appointed to fill the vacancy
shall serve only on an acting basis until the final appointment is made pursuant
to this section.
5
131 of 159
ATTACHMENT D - EXHIBIT
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17, 1986 AMENDED: February 2, 2021
13. Only City Residents may be elected to Chair. To be eligible to be elected as
the Chairperson of a City Board, Committee or Commission, the member must
be a resident of the City.
Auoointine Authority
Related Policy References
Government Code Section 40605
Government Code section 54970, et seq.
National City Municipal Code Title 16 (pending)
Prior Policy Amendments
May 19, 2020
6
132 of 159
ATTACHMENT E
REGIONAL BOARDS AND COMMITTEES — Staff Liaisons
METRO WASTEWATER JPA
Appointing Authority: Mayor with approval of City Council
Current Representative Appointed Term Expires
Primary - Jose Rodriguez 12-15-2020 * see note #3 below
Alternate — Marcus Bush 12-15-2020
Robert Yano
METROPOLITAN TRANSIT SYSTEM BOARD (MTS) Tony Winney
Appointing Authority: Mayor with approval of City Council
Current Representative Appointed Term Expires
Primary - Alejandra Sotelo-Solis 12-15-2020 * see note #1 below
Alternate — Marcus Bush 12-15-2020
PORT OF SAN DIEGO PUBLIC ART COMMITTEE
Appointing Authority: Mayor with approval of City Council
Current Representative Appointed Term Expires
Charles Reilly 12-18-2018
Megan Gamwell
REGIONAL SOLID WASTE AUTHORITY Carla Hutchinson
Appointing Authority: Mayor with approval of City Council
Current Representative Appointed Term Expires
Primary — Ron Morrison 12-15-2020 * see note #3 below
Alternate — Jose Rodriguez 12-15-2020
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) Brad Raulston
Appointing Authority: City Council
Current Representative Appointed Term Expires
Primary — Alejandra Sotelo-Solis 12-15-2020 * see note #2 below
lst Alternate — Mona Rios 12-15-2020
SAN DIEGO COUNTY WATER AUTHORITY
Appointing Authority: Mayor with approval of City Council
Current Representative Appointed Term Expires
Mona Rios 12-15-2020 03-08-2026
Robert Yano
SAN DIEGO UNIFIED PORT DISTRICT Brad Raulston
Appointing Authority: City Council
Current Representative Appointed Term Expires
Sandy Naranjo 12-01-2020 01-02-2025
SWEETWATER AUTHORITY Robert Yano
Appointing Authority: Mayor with approval of City Council
Current Representatives Appointed Term Expires
Alejandra Sotelo-Solis 12-15-2020 12-31-2021
Mona Rios 12-15-2020 Temp. Immediate Appointment
Pg. 1
133 of 159
ATTACHMENT D
OTAY AND SWEETWATER RIVER WATERSHED PANEL
Appointing Authority: City Council
Current Representatives Appointed Term Expires
Primary — Jose Rodriguez 12-15-2020 06-04-2021
Alternate - Alejandra Sotelo-Solis 12-15-2020 06-04-2021
Martin Reeder
LEAGUE OF CALIFORNIA CITIES Tony Winney
Current Representative * see note #3 below
Primary Alejandra Sotelo-Solis (also serves as Division President)
Alternate Mona Rios
Clerk Supporting Luz Molina
SANDAG COMMITTEES AND WORKING GROUPS
BAY SHORE BIKEWAY WORKING GROUP Luca Zappiello
Appointing Authority: Governing Body of member agency
Current Representative Appointed Term Expires
Primary - Marcus Bush 12-15-2020 * see note #3 below
Alternate — Alejandra Sotelo-Solisl2-15-2020
SHORELINE PRESERVATION WORKING GROUP Martin Reeder
Appointing Authority: Governing Body of member agency
Current Representative
Primary - Marcus Bush
Alternate — Mona Rios
Appointed Term Expires
12-15-2020 * see note #2 below
12-15-2020
PUBLIC SAFTEY COMMITTEE (Regional Chief) Jose Tellez
REGIONAL HOUSING NEEDS ALLOCATION (RHNA) Carlos Aguirre
REGIONAL ENERGY WORKING GROUP Robert Yano
TECHNICAL WORKING GROUP Martin Reeder
CITIES TRANSPORTATION ADVISORY COMMITTEE Jose Lopez
SAN DIEGO REGIONAL TRAFFIC ENGINEERS COUNCIL Luca Zappiello
SAN DIEGO REGIONAL MILITARY WORKING GROUP Brad Raulston
GOODS MOVEMENT WORKING GROUP Luca Zappiello
MICRO -MOBILITY WORKING GROUP Luca Zappiello
NOTES
* Note #1:
* Note #2:
* Note #3:
There is no established term. Serves at the pleasure of the appointing authority. National City's MTS representative
must be a current or former elected National City official.
There is no established term. SANDAG requests annual action or notification confirming the City's representatives by
January 10th of each year.
There is no established term. Serves at the pleasure of the appointing authority or until no longer an elected official.
134 of 159
The following page(s) contain the backup material for Agenda Item: Presentation on City
owned Real Property available for future development. (Housing Authority)
Please scroll down to view the backup material.
135 of 159
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: February 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Presentation on City owned Real Property available for future development.
PREPARED BY:
Greg Rose, Property Agent
PHONE: 619-336-4266
EXPLANATION:
The City of National City, National City Housing Authority, Successor Agency to the Community
Development Commission, and the National City Parking Authority own in fee simple 87 individual
parcels. Several of these parcels are combined together as one whole property. Of the 87 parcels, 16
properties are independently developable. The presentation will provide background information on the
parcels that are available for development.
DEPARTMENT: H rity
APPROVED B
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
Finance
APPROVED: MIS
STAFF RECOMMENDATION:
N/A
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Power Point Presentation
136 of 159
Attachment No. 1
CA.L1FO;RNIA j
NNflONIJXLCH?
1C3C3V
INCORPORATED
Real Property Available for
Development
Presented by: Carlos Aguirre, Director
National City Housing Authority
137 of 159
Attachment No. 1
The City of National City, Housing Authority, Successor Agency and the Parking
Authority own in fee simple 87 individual properties.
The properties are classified into the following four categories:
Successor
Agency
City
Housing
Authority
Parking
Authority
Total in
Category
Potential Development
Encroachments
Retain for Govt. Use
(Right of Way, Remnant parcels)
Parks, Facilities, and Leases
Total
12
21
•
7
25
27
63
2
1
16
7
25
39
87
138 of 159
Sold and Developed
Paradise Creek
Attachment No. 1
!MERV:: Twill I ED
1
1/1111 Ill
ill I 111 if
The Paradise Creek property has been sold and developed with 201 affordable MER units.
139 of 159
Sold and Developed
Successor Agency Day's Inn
The Day's Inn property has been sold and developed with 72 market rate MFR units.
Attachment No. 1
140 of 159
Recently Sold/ Being Developed
Successor Agency - H&M Goodies
H&M Goodies has been sold and is currently being developed with 120 market rate MFR
units and commercial/retail on the ground floor.
Attachment No. 1
141 of 159
Attachment No. 1
Recently Sold/ Being Developed
Housing Authority - 405 W 18th
ilpiriti111.11;.11111011r11.11.
Habitat for Humanity and the Community Land trust of San Diego is developing 6 affordable units
142 of 159
Attachment No. 1
Under Contract / In Development
Parking Authority - CarMax Site
Outback -Steakhouse
•
Lot Size (SF)
Zoning
Plaza Bonita Road
564-471-11
656,885
MXD-2
143 of 159
Under Contract / In Development
City - Kimball Highlands Site
,01
Site 2
Residential & Sensor Center
Walmart
Site 3 Site 1
LOPS Clink Resbentul
/cid%''did J► 44`I ►EcuR I - 1
Attachment No. 1
Kimball Highlands is being developed with 145 affordable units
144 of 159
Attachment No. 1
Successor Agency to the Community Development Commission as
the National City Redevelopment Agency
Address
Street
APN
Site Name
Square Footage
801
Bay Marina Dr.
559-117-12
Olson Property
74,604 Sq.ft.
921
National City Blvd
556-471-03
Former Education Center
8,712 Sq.Ft.
929
National City Blvd
556-471-04
Steamed Bean
3,049 Sq.Ft.
500
Plaza Blvd
556-560-39
Lamb's Theatre
16,990 Sq.Ft.
720
W. 23rd St
559-118-02
ACE Metals
55,321 Sq.Ft.
E 32nd Street
National City Blvd
562-321-08
RCP
58,370 Sq.Ft.
38
W. 11th St
555-114-01
Roosevelt Lot
4,791 Sq.Ft.
1123
Roosevelt
555-114-04
Roosevelt Parking Lot
2,613 Sq.Ft.
1845
E Ave
560-232-05
Stein Farm House
7,840 Sq.Ft.
145 of 159
Successor Agency Properties - Olson & Ace MettN01
• The Olson property and ACE Metals properties are across the street from each other along Bay Marina
Drive.
• The properties are part of a Balanced Plan project taking place at the Marina.
• The Port is currently conducting an EIR to dictate use. It will possibility be rezoned as "Commercial Tourist".
• Next steps: After the EIR and new zoning is completed the City will issue an RFP for those properties.
146 of 159
Successor Agency - Former Education Center/SteamedIean
Acquisition Date
Value at Time of
Purchase
556-471-03 7/26/00
929 National City Blvd 1/7/03
$350,000
$225,000
8,712
3,049
MXC-2 & CZ
MXC-2 & C
147 of 159
Successor Agency - Lamb's Theatre
Attachment No. 1
Acquisition Date
e at Time of Purchase
Lot Size (SF)
Zoning
500 Plaza Blvd
5/3/05
$903,000
16,990 MXD-2
148 of 159
Successor Agency - RCP
Attachment No. 1
Acquisition Date
Value at Time of Purchase
Lot Size (SF)
5 62-3 21-08
1991
$738,000
58,370
CA- P D-CZ
149 of 159
Successor Agency - Roosevelt Lots
Attachment No. 1
Acquisition Date
Value at Time of Purchase
Lot Size (SF)
38 W. 11t h St
12/18/12
$506,663
4,791
MXC-2 & CZ
150 of 159
City - Plaza Bonita Center Way
Lot Size (SF)
Zoning
3402 Valley Road
3404 Va I ley Road
No Site Address
No Site Address
564-290-71
564-310-03
564-290-74
564-290-75
32,234
94,961
51,401
8,550
RS-2
RS-2
RS-2
RS-2
Attachment No. 1
151 of 159
City - 2101 Hoover
Zoning
2101 Hoover
560-395-10
8,276
CL
Attachment No. 1
152 of 159
City - Corner of Division & R
Attachment No. 1
Lot Size (SF)
No Site Address
552-403-14
6,400
RS-2
153 of 159
City —Joe's Pocket Farm
Lot Size (SF)
Zoning
No Site Address
552-390-40
6,618
RS-1
Attachment No. 1
154 of 159
Authorit - Pur.Ie Cow
Attachment No. 1
Lot Size (SF)
Zoning
249 Highland
307 Highland
311 Highland
315 Highland
217 Highland
Highland
551-470-15
551-470-17
551-470-18
551-470-19
551-470-43
551-470-48
53,579
12,196
6,098
MXC-1
MXC-1
MXC-1
5,662
15,246
9,656
MXC-1
MXC-1
MXC-1
155 of 159
Housing Authority - A Avenue Property
R ASeESO ' I
QuiC 4lEitA/rlie
Registration
•
r Beep auto Sales
e
�i/
r ,
Lot Size (SF)
1028AAve
556-553-08 3,911
5A Downtown Plan
Attachment No. 1
156 of 159
Attachment No. 1
CALIFORNIA r
NAU aJ JAL_en C
`--;NCORPORATEi' --'
Thank you
157 of 159
The following page(s) contain the backup material for Agenda Item: City Manager Report.
(City Manager)
Please scroll down to view the backup material.
158 of 159
Item #
02/02/21
City Manager Report
(City Manager)
159 of 159