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Draft Agenda Packet - 02-16-2021 CC HA Agenda (3)
- 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 16, 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 185 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 185 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 185 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates Black History Month. 2. National City Celebrates the Retirement of Southwestern College Superintendent, Dr. Kindred Murillo. AWARDS AND RECOGNITIONS 3. Introduction of New Employee - Jennifer K. Gilman, Deputy City Attorney. City Attorney) 4. Introduction of New Employee - Myra Martinez, Housing Programs Specialist II. (Housing Authority) PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 5. Plaza Bonita Update. (Westfield Representatives) 6. Presentation on the Age -Friendly National City Mid -Project Report. (Housing Authority) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 7. 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. Resolution of the City Council of the City of National City ratifying the Agreement between the City of National City and Dean Gazzo Roistacher LLP for legal services in the specialized area of General Civil Litigation 4 of 185 Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. City Attorney) 9. Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code. (Police) 10. Resolution of the City Council of the City of National City finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. (Engineering/Public Works) 11. 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 of five units at or below 60% of Area Median Income and occupancy of said units to lower - income households at or below 80% of Area Median Income in exchange for one parking reduction concession pursuant to California Government Code Sections 65915 in 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) 12. National City Sales Tax Update Newsletter — Third Quarter 2020. (Finance) 13. Investment Report for the quarter ended September 30, 2020. (Finance) 14. Investment transactions for the month ended October 31, 2020. (Finance) 15. Investment transactions for the month ended November 30, 2020. (Finance) 16. Warrant Register #28 for the period of 1/06/21 through 1/12/21 in the amount of $1,471,325.17. (Finance) 17. Warrant Register #29 for the period of 1/13/21 through 1/19/21 in the amount of $714,136.66. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY 5 of 185 CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 18. Update on COVID-19 Housing Related Programs and Assistance. (Housing Authority) 19. 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 - March 2, 2021 - 6:00 p.m. - Council Chambers - National City, California. 6 of 185 The following page(s) contain the backup material for Agenda Item: National City Celebrates Black History Month. Please scroll down to view the backup material. 7 of 185 Item # 02/16/21 National City Celebrates Black History Month 8 of 185 The following page(s) contain the backup material for Agenda Item: National City Celebrates the Retirement of Southwestern College Superintendent, Dr. Kindred Murillo. Please scroll down to view the backup material. 9 of 185 Item # 02/16/21 National City Celebrates the Retirement of Southwestern College Superintendent, Dr. Kindred Murillo 10 of 185 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Jennifer K. Gilman, Deputy City Attorney. (City Attorney) Please scroll down to view the backup material. 11 of 185 Item # 2/16/21 Introduction of New Employee Jennifer K. Gilman, Deputy City Attorney (City Attorney) 12 of 185 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Myra Martinez, Housing Programs Specialist II. (Housing Authority) Please scroll down to view the backup material. 13 of 185 Item # 2/16/21 Introduction of New Employee Myra Martinez, Housing Programs Specialist II (National City Housing Authority) 14 of 185 The following page(s) contain the backup material for Agenda Item: Plaza Bonita Update. (Westfield Representatives) Please scroll down to view the backup material. 15 of 185 Item # 02/16/21 Plaza Bonita Update (Westfield Representatives) 16 of 185 The following page(s) contain the backup material for Agenda Item: Presentation on the Age -Friendly National City Mid -Project Report. (Housing Authority) Please scroll down to view the backup material. 17 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO. ITEM TITLE: Presentation on the Age -Friendly National City Mid -Project Report. PREPARED BY: Carlos Aguirre, Director DEPARTMENT: Housing Authority PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The City of National City became part of the American Association of Retired Person (AARP) Livable Communities Network in 2019 when it accepted a grant from the San Diego foundation to develop an Age Friendly Community ("AFC") Plan. To inform the AFC Plan currently under development and engage residents and community leaders in increasing livability even further, especially for older adults, the City partnered with the San Diego Foundation, AARP, and Circulate San Diego to understand residents' perceptions and needs better. The attached report and presentation is intended to provide insights collected from conducting the project survey and collecting additional insights through online input tools, printed questionnaires, and phone call discussions with National City residents. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. APPROVED: APPROVED: Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Provide comments and file the report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background 2. AFC Mid -Project Report 3. Power Point Presentation (February 16, 2021) 18 of 185 Attachment No. 1 February 16, 2021 Item: Presentation on the Age -Friendly National City Mid -Project Report. Background: The City of National City became part of the American Association of Retired Person (AARP) Livable Communities Network in 2019 when it accepted a grant from the San Diego Foundation to develop an Age -Friendly Community ("AFC") Plan. To inform the AFC Plan currently under development and engage residents and community leaders in increasing livability even further, especially for older adults, the City partnered with the San Diego Foundation, AARP, and Circulate San Diego to understand residents' perceptions and needs better. The attached report and presentation is intended to provide insights collected from conducting the project survey and collecting additional insights through online input tools, printed questionnaires, and phone call discussions with National City residents. Mid -Project Report: Part A: Summary Findings Respondents were asked to indicate their experiences with the Domains of Livability using the AARP's survey model. A total of 369 responses were received in August 2020. • 70% of the respondents were female, and the average age was 71 years old. • 1/3 of respondents reside in the Westside, Old Town, or Kimball community and 43% selected "Other," meaning that they did not identify with any of the communities listed. • Over 73% have an annual income of less than $50,000, and 27% reported an annual income less than $10,000. • 61 % percent of the respondents have lived in National City for more than 15 years. • 54% of residents surveyed rent their homes. Part B: Summary of Online Input via Social Pinpoint, Printed Questionnaires, and Resident Phone Calls Residents and leaders were encouraged to participate in the engagement tools through e- newsletters, senior living community outreach and meal programs, school district outreach, information from City leaders, social media, by participating in a Virtual Town Hall via Zoom, and word of mouth. Many comments were posted on the comment wall and mapping tool through the Social Pinpoint online engagement platform, hosted on the project web page. The online tools launched in September 2020 and are currently still available to post comments through the Age -Friendly National City webpage. Paper versions of the online engagement questions were delivered to targeted community locations. Completed forms were collected and inputted into the online platform. Survey data can be found at www.nationalcityca.qov/AFNC. Timeline 03/2020 — 08/2020: Survey Outreach 08/2020 — 09/2020: Alternative Engagement/Community Conversations 10/2020 — 02/2021: Mid -project Summary Report 02/2021 — 03/2021: Draft Age -Friendly Report 04/2021 — 06/2021: Online Engagement/Action Planning Sessions 06/2021 — 08/2021: Finalize AFC Plan and present to the City Council for adoption Page 1 of 1 19 of 185 Attachment No. 2 CALIFORNIA -- February 16, 2021 DATE OF RELEASE: 02/16/2021 NATIONAL CI TV 1J �'I AGE -FRIENDLY NATIONAL CITY �. fivuORPORAT,0 Mid -Project Report February 16, 2021 The City of National City became part of the American Association of Retired Person (AARP) Livable Communities Network in 2019 when it accepted a grant from the San Diego Foundation to develop an Age - Friendly Community ("AFC") Plan. To inform the AFC Plan currently under development and engage residents and community leaders in increasing livability even further, especially for older adults, the City partnered with the San Diego Foundation, AARP, and Circulate San Diego to understand residents' perceptions and needs better. The attached report and presentation is intended to provide insights collected from conducting the project survey and collecting additional insights through online input tools, printed questionnaires, and phone call discussions with National City residents. PART A: Summary of Survey Findings PART B: Summary of Online Input via Social Pinpoint, Printed Questionnaires, and Resident Phone Calls PART A: Summary of Survey Findings What we asked: Respondents were asked to indicate their experiences with the Domains of Livability using AARP's survey model. Who took the survey: 369 responses were received in August 2020. Seventy percent of the respondents were female, and the average age was 71 years old. One-third of respondents reside in the Westside/Old Town/Kimball community and 43% selected "Other," meaning that they did not identify with any of the communities listed. Over 71% have an annual income of less than $50,000, and 27% reported an annual income less than $10,000. Sixty-one percent of the respondents have lived in National City for more than 15 years, with the range of residence as less than five years to more than 45 years. The percentage of residents who rent the home they live in is 54%. n Female • Male Figure 1 - Gender breakdown of survey participants - CALIFORNIA ^ alkARp Real NATIONAL CI�'p Possibilities California °" , anDiego •si Foundation Growing a Vibrant R .gipn 1.1 it 45 CIRCULATE E SlN G+lEG(1 Page 1 of 13 20 of 185 Attachment No. 2 February 16, 2021 Table 1 below illustrates demographic information about survey participants, as well as an overall commuting rating of National City as a place to live as people age: Female Male Gender 70% 30% Westside/Old Town/Kimball El Toyon Las Palmas Other Community 33% < $10,000 13% $10-49,999 11% $50 — 99,999 43% >$100,000 Socio-Economic Status 27% Excellent 46% Very Good 15% Good Fair 11% Poor Place to Live — CALIFORNIA 20% 39% 23% 14% Table 1 - Survey demographics and insight about aging in National City NATIONAL Cti'y ' �MCortvon wl T� • Excellent ■ Good Poor • Very Good • Fair Figure 2 - National City rated as a place to age /� � ��' Read *�"J/'�■'[!'� Possibilities California z.70'' aI� Diego Foundation tri Growing a Vibr m Region. 4% GP {') CIRCULATE 0 S/AN D/EGI. Page 2 of 13 21 of 185 Attachment No. 2 February 16, 2021 Summary responses from the survey are as follows: The survey questions were developed by AARP and are based on the Domains of Livability. Typically, there are Eight Domains of Livability, including Housing, Outdoor Paces & Buildings, Transportation, Social Participation, Respect & Social Inclusion, Work & Civic Engagement, Communication & Information, and Community and Health Services. Those topics have been included and consolidated into the six topic areas shown below, including an additional topic related to COVID-19. Table 2 summarizes the key themes from each topic area, followed by a more detailed summary from each topic area. The full survey results can be viewed in Appendix A. Domain of Livability Key Themes Housing § Housing maintenance and safety § Importance of independent living § Affordability and accessible housing options Outdoor Spaces and Buildings § Well -maintained public spaces § Improved accessibility of facilities Transportation § Improved pedestrian infrastructure § Maintained or bettered public transportation services and costs § Convenience and timeliness Health and Wellness § Improved healthcare options § Affordable health programs § Diverse healthcare staff and services Social and Civic Participation § Isolation concerns § Need for socialization and programming § Desire for employment and volunteering opportunities Community Information § Improve accessibility for diverse populations § Maintain or improve access to the internet § Expand information methods to reach more residents COVID-19* § High concern about COVID-19 § Need for resources and programs § Improved community connections and support *COVID-19 is not a typical Domain of Livability. However, survey questions were added under this category to assess the pandemic's impacts on livability in National City. CALIFORNIA NAT3ONAL=Ciro- ik weesroatflO Table 2 - Key findings within the Domains of Livability /� � �� Read �"J/'�■'[!'� Possibilities California ' aI DiNo Foundation Cxowing 8 Vibrant Region IT CIRCULATE 0 5AN D/EGr Page 3 of 13 22 of 185 Attachment No. 2 February 16, 2021 Details about each livability topic and respondents' perception of their functional ability follows: Housing. Of those surveyed, 44% of the respondents live in a single-family house, 32% live in an apartment, and 42% of respondents own their home. Most respondents agreed that National City homes and properties are maintained good or very good (56%). However, 34% said homes and properties are poorly maintained. Eighty-seven percent of respondents said that it is very important or extremely important to live independently on their own homes as they age. The survey found, 54% said that their home does not need any major modifications or changes to stay there as long as possible. The respondents considered the trustworthiness and affordability of modification and repair options to be good or very good (49%). However, a majority of respondents rated home repair services for low- income, and older adults were as poor (14%), fair (17%), or good (25%). Several housing attributes were noted for receiving fair or poor ratings, including well -maintained, safe low-income housing (41%), affordable housing options for adults of varying income levels (39%), and having housing options that are built with things like a no -step entrance, wider doorways, and first floor bedrooms and bathrooms (36%). In evaluating a respondent's desire to stay in National City as they age or to move, major factors include personal safety or security concerns (68%), having a home that helps them live independently, living in a place with lower costs of living (48%). The cost of maintaining their current residence is a major factor (47%). Outdoor Spaces and Buildings. Respondents rated most aspects of this domain good or very good, including well -maintained parks (60%), safe parks (56%), sidewalks that are in good condition, safe for pedestrians, and accessible for wheelchairs or other assistive mobility devices (53%), and public buildings and spaces (including restrooms) that are accessible to all abilities (48%). Of the respondents, 47% said the quantity of benches for resting in public spaces is good or fair. Neighborhood watch programs were rated as poor or fair by 48% of the respondents. Transportation. A majority of respondents get around National City by driving themselves (70%), followed by walking (60%), using public transportation (43%), being driven by others (41%), using a rideshare company (i.e., Lyft) (24%), and 21% said that they do not get out of the house. Public transportation received mostly good or very good ratings for accessibility and convenience (56%), the safety of use for all abilities (51%), affordability (51%), timeliness (50%), and special transportation services for people with disabilities and older adults (47%). Nineteen percent of respondents said that the accessibility and convenience of public transportation are excellent, which is one of the highest ratings in the survey's entirety. Beyond public transportation, respondents rated aspects of this domain good or very good for easy -to -read traffic signs (54%), well -let, separate pathways for bicycles and pedestrians (50%), accessible, safe streets and intersections for all users (49%), audio and visual pedestrian crossings (49%), and well -maintained streets (48%). Aspects rated poor or fair by respondents included offering driver education or refresher courses (37%) and enforced sped limits (36%). Health and Wellness. In general, respondents rated their health as good (38%) or very good (32%). Forty-eight percent of the respondents said that having access to better healthcare is a major factor for moving outside of National City. Many respondents rated the quality of healthcare services as good or — CALIFORNIA — NATiONAL CITp MCortron At/ TO /� � �� Read �':"J/'�■'[!'� Possibilities California `SaInDIego Foundation tri Cxowing 8 Vibrant Region CIRCULATE L. (J i N PIEG0 Page 4 of 13 23 of 185 Attachment No. 2 February 16, 2021 very good, including respectful and helpful hospital staff (54%), health professionals who speak different languages (53%), a variety of healthcare professionals and specialists (49%), well -trained certified home healthcare professionals (47%), conveniently located health and social services (45%), easily understandable and helpful local hospital/clinic answering services (46%), affordable home healthcare providers (43%), affordable health and wellness programs and classes (43%), affordable fitness activities geared towards older adults (43%), and services that help older adults find and access health services (40%). Social and Civic Participation. Many respondents said that the availability of continuing education classes or social clubs to pursue new interests, hobbies, or passions is poor (18%), fair (15%), or good (22%) in National City. When it comes to diversity of activities, respondents said that National City is mostly poor, fair, or good at offering activities that involve both younger and older people (63%) and a variety of cultural activities for diverse populations (60%). Local schools involving older adults in events and activities were rated as poor fair by 21% of the respondents. When it comes to companionship, respondents sometimes or often feel a lack of companionship (27%), feel isolated from others (17%), and feel left out (17%). When it comes to employment and training, respondents rated many services poor or fair. This rating included job training opportunities for older adults who want to learn new skills (44%), policies that ensure older adults can continue to have equal opportunities to work (42%), jobs that adapt to meet the needs of people with disabilities (42%) and having a range of flexible job opportunities for older adults (42%). A majority of respondents rated access to volunteering opportunities and participating in decision making bodies as poor, fair, or good. This includes opportunities for older adults to participate in decision -making bodies (63%), easy to find information on local volunteer opportunities (64%), a range of volunteer opportunities (58%), volunteer training opportunities (54%), and transportation to and from volunteer activities (51%). Community Information. Respondents in National City rely heavily on the Internet for information and communication at 70%. Other primary means of retrieving information include family or friends (76%), local senior centers (72%), doctors or other health professionals (68%), and faith -based organizations (62%). Respondents rated the free access to computers and the internet in public spaces as good, very good, or excellent (65%). Overall, access to information is well -rated, including offering community information in different languages rating good, very good, or excellent by 55% of the respondents. However, respondents gave poor or fair ratings to clearly displayed printed community information with large lettering (33%). Community information is delivered in -person to people who may have difficulty or may not leave their homes (29%). COVID-19 Unique to this time -period***, the survey included questions related to the impacts of COVID-19. Ninety-seven percent of the respondents are somewhat concerned or very concerned about Coronavirus. Many respondents have had to adjust travel plans, attend large events, volunteer and in - person (non -emergency) medical appointments. Twenty-five percent of respondents have seen their income decrease because of COVID-19, and 18% said that they lost their job or had work suspended. Thirty-one percent of respondents said they had put themselves at risk of exposure to Coronavirus because they couldn't afford to stay home and miss work. Due to COVID-19, respondents have sheltered in place (88%), stocked up on food, household supplies, and medications — CALIFORNIA — NivriONAL Cilry s' rNroRr�n...R /� � �� Read �':"J/'�■'[!'� Possibilities California `SaInDIego Foundation Cxowing 8 Vibrant Region o CIRCULATE 0 SIN DIEGO Page 5 of 13 24 of 185 Attachment No. 2 February 16, 2021 (87%), ordered groceries, household supplies, and medications online (66%), and transitioned to working from home (61%). Additionally, respondents said that because of COVID-19, they have not moved to a new location (99%), had to take out a loan or additional debt (88%), stopped using home healthcare services (76%), asked someone to get groceries, home supplies, or medications (65%), gone outside more for exercise (62%), or have had to homeschool children (61%). Related to transportation, 31% of the respondents had driven themselves around more than they did before Coronavirus, and 84% said that they no longer use transportation services like buses, trains, rideshare, or special services for older adults with disabilities because of Coronavirus. When it comes to social interaction, 69% of respondents said they feel more socially isolated because of Coronavirus. However, over 75% of the respondents have used video chat, social media, or a phone to connect with others. Besides attending a health appointment virtually, most respondents have not participated in a community meeting, classes, or social activities in a virtual setting. Fifty-five percent of respondents said that they do not think their community took steps to make it easier for people to gather in public places, such as parks or recreation centers, and still can appropriately social distance from one another. * Some of the findings discussed can be categorized into several categories and are not exclusively reviewed based on the category they are shown a part of above. ** Demographics indicate that the people who completed the survey (and attended the community workshops) may have been disproportionately well off, English-speaking, highly educated, and physically mobile compared to census data for the general population of those 45 years old and older. *** Survey responses were collected in August 2020, and data is specific to this point in time. Changes to the degree of impact resulting from COVID-19 are possible but are not included in the findings at this time. - CALIFORNIA NATIONAL Cfl •NCartpon wl%➢ • /� � �� Read �':"J/'�■'[!'� Possibilities California `SaI Diego Foundation tri Growing a Vibr an Region. GP CIRCULATE 0 S/AN DIEGO Page 6 of 13 25 of 185 Attachment No. 2 February 16, 2021 PART B: Summary of Online Input via Social Pinpoint, Printed Questionnaires, and Resident Phone Calls What we asked: Residents and leaders were encouraged to participate in the engagement tools through e-newsletters, senior living community outreach and meals programs, school district outreach, Information from City leaders, social media, by participating in a Virtual Town Hall via Zoom, and word of mouth. Who participated in Social Pinpoint: 101 comments have been posted to the Ideas Wall, and 12 comments have been posted to the Mapping Tool through the Social Pinpoint online engagement platform, hosted on the project webpage. The online tools launched in September 2020 and are currently still available and available for comments through the Age -Friendly National City webpage. Paper versions of the online engagement questions were delivered to targeted community locations. Completed forms were collected and inputted into the online platform (these forms have been included in the total counts shown). To expand upon the outreach efforts, phone calls were made to residents living in Summercrest Apartments in National City to increase accessibility to participate in the project. Residents were provided with a summary of the project and asked questions from the printed questionnaire. City staff and volunteers from AARP had a total of 17 conversations with residents who primarily speak Spanish and Tagalog. All questions were designed to be uploaded and added to the online input tool via the phone call volunteers. Data from these calls have been included in the total count of the online tool participants. In addition, a Virtual Town Hall was held on September 24 (in English and Spanish) to share background information about the project, initial findings from the survey, information about how to use the online input tools, and solicit feedback about how to grow participation for the project. The recording of the Virtual Town Hall can be viewed on the project webpage at http://nationalcityca.gov/afnc. The data summarized below include resident feedback on Social pinpoint, which includes input from the printed questionaries and phone calls to Summercrest Apartments residents. Ideas Wall participant comments have been summarized by Domains of Livability and include: Civic Participation & Employment Communication & Information Housing Outdoor Spaces & Buildings Respect & Social Inclusion Transportation The summaries below are from comments and suggestions provided by residents. Health & Wellness was not included as an Ideas Wall category because survey results indicated that most residents felt good about local health services. However, Health & Wellness -related topics appeared on the Ideas Wall through this outreach. A summary of those comments has been extracted and included below, under "Other Topics of Discussion." - CAUFOHPU4 - NATiONAL CTTp weaR.oR.tx9 Read Possibilities California JaI Diego Foundation tri Growing a Vibram Region. '_' CIRCULATE S/AN D/EGI. Page 7 of 13 26 of 185 Attachment No. 2 February 16, 2021 1. Civic Participation & Employment. This domain received limited comments on the Ideas Wall. However, of the comments received, most related to access and availability of information. Comments and suggestions about Civic Participation & Employment included: • Need more ways to be kept informed about City decisions and laws that are passed Would like to know what is going on throughout the City Needs to be seminars and community gatherings for residents of National City to come together and talk about problems and solutions Need opportunities forparticipation 2. Communication & information. This topic received various input, related mostly to communication between the City and residents and community event information. Comments and suggestions about Communication & Information included: Seniors should be more included There should be better communication to seniors about events happening Facebook and instagram are the main ways to get information from the City, How do you find information from the City, not just community events (recent policies passed, updates from City Council) 3. Housing. This topic has crossover with other domain topics. Residents highlighted affordability, community and personal needs, and specific insight about a senior living communityexperience regarding housing. Comments and suggestions about affordability: Affordable senior housing is restricted by occupancy, and larger units are too expensive (respondent cannot live with the husband because of single -occupancy rule at the complex) Need affordable housing personally, and want that for others Will pay rent first and then buy necessities with limited moneyleft Housing is expensive (respondent prays to lower rent and housing bills) Make rents less expensive More affordable housing; love National City and want to stay Need more affordable housing, rent is too high Rent is high Housing is most important because rent is going up Housing is so expensive; fortunately, there is senior housing, which is more reasonable Comments and suggestions about housing opportunities and needs: Everyone should have a place to live, and no one should be living on the street • Housing and health; without good health, housing won'thelp important to live close to daughter Important to have a home that is centrally located; close to transportation, grocery stores, and department stores — CALIFORNIA — NATIONAL Cfl t r. Evoaw.riO /� � ��' Read '111/• R 1%4 biIities California '' ���...Sala Diego ��1 Foundation topi Cxowing 8 Vibrant Region {' CIRCULATE 0 SAN DIEGO Page 8 of 13 27 of 185 Attachment No. 2 February 16, 2021 Need more housing security Like living in National City Love housing because it is a place that is myown Want my own home Having my family near is important Need more housing because of homelessness National City is one of the better places to live in San Diego; not heavily congested and close to everything Hard to find a comfortable apartment, especially without a goodjob Would like to stay at home as long as possible, but know that there are other housings options in National City if needed Want to know more about senior living Comments and suggestions specifically about Kimball Towers (senior living community): • Live in Kimball Towers for 14 years and like how calm it is Kimball Towers should be cleaner, inside and out it's cheaper to live at Kimball Towers, thankful for the governmentsubsidy • Don't have many resources at Kimball Towers The rent at Kimball Towers is more economical 90 years old and thankful to be living at Kimball Towers Happy with Kimball Towers • Kimball Towers doesn't have good Internet and cell phone reception 4. Outdoor Spaces & Buildings. The themes that residents shared relate most to improving upon existing facilities and open space access. Comments and suggestions about outdoor spaces and buildings: • Sidewalks are not in good condition; use a walker and sidewalks are uneven orhave potholes, so it is unsafe to walk to the park • Like going to the park and going on walks Need to improve powerlines to provide more power and reduce the chance of wildfires Important more now because there are not spaces to walk and be with friends Need these spaces Need more space to do exercises and relax • National City has good parks, but lights are always off or poorly lit; can lights stay on (especially during Daylight Savings) • Zoning needs to be visited to allow larger companies who want to set-up in National City • Commercial and Real Estate companies should be mandated to keep up their buildings CALIFORNIA NATIONAL CI? weeap at oe.*sn�1 /� � ��' Read �"J/'�■'[!'� Possibilities California `SaInDIego Foundation topi Cxowing 8 Vibrant Region '') CIRCULATE 5AN DIEGO Page 9 of 13 28 of 185 Attachment No. 2 February 16, 2021 5. Respect & Inclusion. This domain received limited comment. However, respect was regarded as an important principle. Comments and suggestions about respect and inclusion included Having respect towards others is needed • Respect is the most important thing because it's needed among the community Feel socially isolated 6. Transportation. The key take-aways for the transportation topic related mostly to public transportation and how transportation systems operate, especially for older adults. Comments and suggestions that relate to essential trips and transportation resources: Transportation is a benefit of being a Medi-Medi beneficiary Do not have anyone to provide a ride to the doctors A transportation system for senior citizens would be greatly appreciated • Transportation is important, don't have a car If I pay bills, I need transportation Difficult to get to weekly dialysis appointments, do not drive, and public transportation is not reliable Wish there was better public transit for the elderly (do not have a car) • Elderly and have difficulty using public transportation; need a way to get to doctors' appointments Grove and Plaza Boulevard is a concerning area, always backed -up by trafficand roadway potholes Transportation is important, cannot take the bus during COVID-19 Comments and suggestions that relate to convenience and timeliness: MTS takes too long, and the bus needs to come more often Buses take too long • Don't have a car to get around In 26 year, have never owned a car, but have not had a good experience with public transportation (long wait time) • Don't have a car and public transportation is important Need more buses, the wait time is too long MTS buses are inconvenient for the elderly. They often have to wait over an hour for a bus to arrive Need comfortable transportation for elderly, perhaps smaller vans Need more MTS routes The elderly sometimes need transportation to come immediately and cannot wait forthe bus to arrive — CALIFORNIA — NAij,'fi0NAL CITY �MCortvon wl TO /� � ��' Read �."'J/'�■'[!'� Possibilities California `SaInDIego Foundation topi Cxowing 8 Vibrant Region I!) CIRCULATE C*• SAN DIEGO Page 10 of 13 29 of 185 Attachment No. 2 February 16, 2021 Other Topics of Discussion. Other topics that residents had comments about that fall outside of the six domain topics included Health & Wellness. Comments and suggestions about health and wellness including: • Retired and comfortable, there are parks next to where !live • Live alone, and caregiver helps with the house and errands • With good health, we have everything • The most important thing is to have improved medical care • Healthier when people surround me • Health and well-being are a big concern as a seniorcitizen • Want everyone here to be healthy • Health and well-being are important, cannot move without it • Exercise is important for keeping the body in good condition • important to have good health • Nothing else matters without health and wellness • Health and wellness create happiness, and this is the main concern • it is getting more difficult to be mobile. it would be nice to have doctors within walking distance • Walkability and safety to health services • Need food • Wish there was a button to press to get help from someone in a medical emergency • Exercises and over the counter medicine should be more available • Caring for a parent and health and wellness for them is important (caregiver) • Wish to stay healthy, do not drive, and be able to work • Need healthy bodies and to not get sick • Like San Ysidro Health Center Comments within health and wellness that relate specifically to Coronavirus include: • Want to take care of health, especially during COVID-19 • Health is more important because of the pandemic • People should follow the rules regarding Coronavirus; very worried during COVID-19 • No longer have exercise programs because of COVID-19 Mapping Tool participant comments have been summarized by the comment type and include: Existing Age -Friendly Example in National City Issues & Concerns Opportunity areas The summaries below are from comments and suggestions left by residents on the Mapping Tool. In this platform, an interactive map allowed participants to drop a pin at an exact location and leave a comment about that location using three comment types. The Mapping Tool included input from Sweetwater Union High School students and residents throughout the City. — CALIFORNIA -- NATIONAL Clnry NCartpon wl%➢ /� � �� Read �':"J/'�■'[!'� Possibilities California tri `SaInDIego Foundation Cxowing 9 Vibrant Region Page 11 of 13 ta'CIRCULATE 30 of 185 Attachment No. 2 February 16, 2021 1. Existing Age -Friendly Example in National City. A resident would select this comment type if they knew of a location/feature in National City that demonstrates a current livability example within the City. Examples of livability in National City currently include: • Summercrest Apartments — Enjoy living atSummercrest • Summercrest Apartments — Close to public transit and a grocerystore • Euclid Ave, near E 20th Street — Great bike lanes 2. Issues & Concerns. A resident would select this comment type to identify a location/feature in National City where a livability issue or concern exists. Issue & concern locations and comments included: • Sweetwater Union High School — Need more lights around the school and town because it's dangerous to walk at night, and it's a safety concern E Plaza Boulevard and Euclid Avenue - The bus stop on Euclid Avenue and Plaza Boulevard used to be closer to the apartment complex near Summercrest, but it was switched to the other corner. Cars are always speeding down Plaza Boulevard and Euclid Avenue; 1 don't feel safe having to go across the intersection. Elderly and can't walk that fast; afraid to get hit by a car. 3. Opportunity Areas. A resident would select this comment type if they wanted to identify a location/feature in National City where there is an opportunity to improve livability. Opportunity Area locations and comments included: • El Toyon Park — Because of COVID-19, many social activities have been canceled; really want those activities back when the time is right. Favorite thing to do is go to the park, get some fresh air, admire nature, and watch people. I can't really move around all that much at my age, but i enjoy sitting at the park bench having a social conversation with my friend. • El Toyon Street, near E 4thAve — The closest park is El Toyon park. However, there are no senior activities going on there like there is at the park by the city offices, Kimball Park. !f I wanted to go to the Senior Center, I would have to go all the way across town. If the goal is for everyone of all ages to live a healthy life, what about your residents who don't live near Kimball park. Can we alternate different activities between the parks? That way, everyone gets a chance to participate. • Summercrest Apartments — Really wish Summercrest was a smoke free apartment complex or has a smoking area. Sometimes the smoke comes into my apartment, and it makes me cough. Second-hand smoke is not good for people. Especially the elderly. CALIFORNIA — NATIONAL Cfl - wcan.0R.. o /� � �� Read �':"J/'�■'[!'� Possibilities California Sala Diego Foundation on topi Cxowing 8 Vibrant Region I!) CIRCULATE t 0 SAN O/EGi Page 12 of 13 31 of 185 Attachment No. 2 February 16, 2021 NEXT STEPS The quantitative and qualitative data gathered as part of the Baseline Assessment will be used to determine which Domains of Livability are the most relevant for the City of National City. Suggestions and concerns will be connected to current efforts, resources, and efforts planned but have not yet been initiated. A series of Community Action Planning Sessions will be conducted in the Spring for residents and stakeholders to provide input. The sessions will be diverse in time and content to maximize participation. City Staff and Community partners responsible for and/or working on related efforts or activities will be available at the meetings to provide information and opportunities. A DRAFT Report/Action Plan will be developed following the Action Planning Sessions. It will be circulated for review and input, including public comment. The FINAL Action Plan will be presented to the City Council for approval and adoption in August 2021. Survey data can be found at www.nationalcitvca.gov/AFNC. CA1IFORPliA — iy 11,:t 10 N A L Ii'p �a•roaopw.r r �' Readssi �'""J/'�■'[!'� Pobilities California aII Diego Foundation tri Growing a Vibram Region. L CIRCULATE 5/UV D/EGI Page 13 of 13 32 of 185 Attachment No. 3 February 16, 2021 AGE -FRIENDLY NATIONAL (ITY CALIFORNIA — NALVIONAL CITuir meortponArseri 13 - NA.TIDNAL C1Ty 1d17 Tt�','.- Diego Foul clarion AAR ssibilities California Welcome to the Age -Friendly National City Project! Agenda 1. Project Background 2. Mid -Project Report • Findings and What We Learned from the Community 3. Next Steps commUNIp��S 4C.>ti 11 r: Project Webpage: http://nationalcityca.gov/afnc Page 1 of 7 33 of 185 Attachment No. 3 February 16, 2021 How did National City Get Involved? __ On November 20, 2019, National City officially announced their enrollment in the AARP Network of Age -Friendly States and Communities, making them the community in California to enroll in the network. 40! Project Webpage: http://nationalcityca.gov/afnc What is the Age -Friendly National City Project? The City is working with project partners and the community to create National City's first Friendly Action Plan. This document will summarize feedback received from the community, as well as goals for implementation of policies and programs to strengthen the livability of the City for many years to come. C CIRCULATE '11g4 SSW P!EG© Project Webpage: http://nationalcityca.gov/afnc r �'' San Diego F nmdation `Y'!LS!P 1 A �' Real Po��ba�r�es California Page 2 of 7 34 of 185 Attachment No. 3 February 16, 2021 What does an Age -Friendly Livable Community Mean? Age -Friendly Livable Community: "Well -designed, age - friendly communities foster economic growth and make for happier, healthier residents of all ages." In a livable community, people of all ages can... Go for a walk Get around without a car Enjoy public places Be entertained Cross the streets Ride a bike Work or volunteer /..: Socialize Spend time outdoors Go shopping Buy healthy food Find the services they need .. and make their city, town or neighborhood a lifelong home. Domains of Livability AARP defines livability using the 8 Domains of Livability: Housing =Mai Social Participation Outdoor Maces and Buildings n n 111 Itl 1 Transportation p�p - The 8 Domains of Livability — / Health Services and Comm unity Supports Project Webpage: http://nationalcityca.gov/afnc Communication and Information Civic Participation and Employment LEARN MORE AARP.org/Livable Page 3of7 35 of 185 Attachment No. 3 February 16, 2021 The Project Timelin Over the next year, the City of National City and the project partners will be reaching out to residents to collect input and learn about ways to increase the livability of National City across the age spectrum. Policy Scan July 2020 Draft Action Plan Early 2021 Baseline Assessment Period Community Survey Aug. 2020 Community Conversations Sept. — Oct. 2020 Action Planning Sessions Mid 2021 Final Action Plan August 2021 Project Webpage: http://nationalcityca.gov/afnc Mid -Project Report A. Summary of Survey Findings (online and print) B. Summary of Community Conversations (online, print, and phone) AGE -FRIENDLY NA ?TONAL CITY wow Pr4K! ApOyE corn..., c fo:nywy 'mv m�.r a'rk �W nAs ao ato intended Q'c41k• :brtl�kwr rj�W6 Y�erilayylcgTm•.M b�,,I,,a4vi♦y� .;:er qq�ffiftOP.OfffaC %"%intioti :_ a.n "w..�:.cYl�in / I°iyrl'1ch A.aa! ;AMA - ARP B. � aswarv� ¢!m'c rru 0.r. ns ln. �'"�ao- A1a1. PART A' 5 um,nary A! Surrey hnd WR'4aIM. 3irRofquoit- yy4so. yms,..,caladref„�arcrM. �A`U°6^�P,w4 UA. r� rmm.,.mfiot MOW '�+aa rt y� - k'^Rr o.. aNn,ln�,n5 Qad1ne'�u'"neft. Of. iyom yrx�'P4A�^u'.',�4ro!!4 u..r ,,lY:edeny o.�,,;ti '• �r7s �l dep Vv7, �r a'!r rhene,nR d'q'.aa m� c,+yrd 5+u�5 keaUm is FiA..,. '�»,. •„8.1 ur7piw.;.9ar DA TE Or RELEASE': 021161201 .•. Mid -Project Report A.YV .IL li _J_�� Project Webpage: http://nationalcityca.gov/afnc Page 4 of 7 36 of 185 Attachment No. 3 February 16, 2021 Community Survey - Results What we learned from the survey... o 369 Respondents o 70% Identify as Female o 71 was the average age of respondents o 59% rated National City as an "Excellent" or "Very Good" place to age o 61% of the respondents have lived in National City for 15+ years o 71% of respondents have an annual income less than $50,000 Project Webpage: http://nationalcityca.gov/afnc Community Survey - Results DOMAIN OF LIVABILITY Housing Outdoor Spaces and Buildings Transportation Health and Wellness Social and Civic Participation Community Information COVID-19* KEY THEMES • Housing maintenance ana satety • Importance of independent living • Affordable and accessible housing options • Well -maintained public spaces • Improved accessibility of facilities • Improved pedestrian infrastructure • Maintained or bettered public transportation services and costs • Convenience and timeliness • Improved healthcare options • Affordable health programs • Diverse healthcare staff and services ■ Isolation concerns ■ Need for socialization and programming • Desire for employment and volunteering opportunities • Improve accessibility for diverse populations • Maintain or improve access to the Internet • Expand information methods to reach more residents • High concern about COVID-19 • Need for resources and programs • Improved community connections and support Project Webpage: http://nationalcityca.gov/afnc Page 5of7 37 of 185 Attachment No. 3 February 16, 2021 Community Conversations - Results What we learned from online, print questionnaire, one-on-one phone call input... o 101 Comments posted to the Ideas Wall o 12 Comments posted to the Mapping Tool o 24/7 Access Input was accepted September 2020 via the project webpage o Virtual Town Hall Hosted on September 24, 2020 in English and Spanish to explain project and input tools Project Webpage: http://nationalcityca.gov/afnc Share Your Livability Ideas! Map Livability in National City! SMrrybalha.ghfs and Ideas an 4vabaly lapl[31er NaIwnat City Community Conversations - Results Shade sTcatians a! I .a bat," gaps and opportumlit*, .n rnaiibnal City See Project Map What we learned from online, print questionnaire, one-on-one phone call input... o Hot Topics Housing, Transportation, and Health & Wellness o Themes across Domains of Livability o Affordability (public transit, health care, housing) o Access (proximity to parks, information about programs) o Safety (roadway intersections, pedestrian experience, medical assistance) o Living a healthy lifestyle (exercise, programs, socialization) Project Webpage: http://nationalcityca.gov/afnc Page 6 of 7 38 of 185 Attachment No. 3 February 16, 2021 The Project Timeline Next steps include the development of the Draft Action Plan, conducting additional community engagement to receive input on the development of the Plan, and come back the Fall to present the Final Action Plan for approval. Policy Scan Community Community Survey Conversations July 2020 Aug. 2020 Sept. — Oct. 2020 Draft Action Action Planning Final Action Plan Sessions Plan Early 2021 Mid 2021 August 2021 Action Plan Development Period Project Webpage: http://nationalcityca.gov/afnc Mid -Project Report Thank You Supporting Age -Friendly National City! Questions? Email: jschwartz@circulatesd.org Call: (619) 336-4301 Project Partners t4A If, ��Ci17 'CIRCULATE Project Webpage: http://nationalcityca.gov/afnc ii" San Diego teI Foundation /� /A Rp Real 'Y`11�.f Possibilities California Page 7of7 39 of 185 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. 40 of 185 Item # 02/16/21 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) 41 of 185 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the Agreement between the City of National City and Dean Gazzo Roistacher LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. (City Attorney) Please scroll down to view the backup material. 42 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 2/16/2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City ratifying the Agreement between the City of National City and Dean Gazzo Roistacher LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims for the total not to exceed amount of $75,000.00 per case and approving the City Attorney's execution of same. PREPARED BY: Charles E. Bell, Jr., City Attorney DEPARTMENT: Charles E. Bell, Jr., PHONE: 4222 APPROVED BY: City Attorney EXPLANATION: In 2006 the City entered into an agreement with the firm Daley & Heft to represent the City in General Liability Litigation. On January 12, 2021, Daley and & Heft notified the City that Daley & Heft would cease to function in its current capacity no later than February 28, 2021. Mitch Dean, head of Daley & Heft's Public Entity Defense section and the attorney representing the City in current litigation matters, notified the City offering to continue representing the City under his new firm Dean Gazzo Roistacher LLP. To ensure the City's interests remain protected and to avoid any lapse in City's defense in active litigation matters, the City Attorney Office negotiated a new retainer agreement with Dean Gazzo Roistacher LLP See the attached Agreement for legal services with Dean Gazzo Roistacher LLP, a law firm that specializes in General Civil Litigation Defense arising from Government Claims legal services including consultation with the City Attorney and Risk Management on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff for an amount not to exceed $75,000.00 per case for legal services and out of pocket disbursements pursuant to the Agreement. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: Finance FINAL ADOPTION: APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the City enter into the agreement with Dean Gazzo Roistacher LLP for legal services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Agreement • Memorandum Explaining Formation of Dean Gazzo Roistacher LLP • Resolution 43 of 185 AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND DEAN GAZZO ROISTACHER LLP THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made as of the day of February, 2021 between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY") and DEAN GAZZO ROISTACHER LLP, (the "FIRM"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article 1. Retainer. The CITY hereby retains the FIRM to assist in representing the CITY in connection with litigation and government claims issues, subject to this Agreement. Article 2. Effective Date and Term. This Agreement shall be effective on [insert date above] and continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the FIRM shall be given to the City Attorney. Article 3. Scope of Services. The CITY shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. These services may include the following: consultation with the City Attorney and Risk Management on Government Claims, defense of the City on litigated matters, advice and counsel to the City Council, and communications with City staff ("LEGAL SERVICES"). It is expected that the FIRM will work with the City Attorney and CITY staff. Article 4. per hour. Compensation. Compensation paid under this Agreement shall be $200.00 A. The FIRM shall not use more than one attorney for the same specific task without the CITY'S approval. The FIRM may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CITY. B. The FIRM agrees to document a plan and budget consistent with the scope of services described above in Article 3 to be agreed to by the City Attorney and the FIRM. The CITY shall not be obligated to pay the FIRM amounts not discussed, budgeted, and agreed to before being incurred by the FIRM. C. The CITY has appropriated or otherwise duly authorized the payment of an amount not to exceed $75,000.00 per case for LEGAL SERVICES and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the CITY. 2021 Agreement Legal Services Page 1 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 44 of 185 D. The FIRM shall keep the CITY advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the CITY for travel time; however, the FIRM may charge for work performed for the CITY during any travel time. E. The CITY further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out- of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the CITY with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CITY has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.15 (fifteen cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the CITY will consider reimbursement on a case -by -case basis. The CITY will not reimburse overtime incurred for the convenience of the FIRM'S failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CITY'S prior consent. The CITY expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CITY will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge or interest. Due to the nature of the CITY'S payment process, the CITY will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the FIRM should be submitted to Charles E. Bell, Jr., City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the CITY in support of bills rendered by the FIRM. G. The FIRM agrees to forward to the CITY a statement of account for each one -month period of services under this Agreement, and the CITY agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CITY as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. 2021 Agreement Legal Services Page 2 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 45 of 185 H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included. (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate. (a) The CITY does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CITY will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the CITY pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due to the nature of the CITY'S payment process, the CITY will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CITY decision, and the CITY'S representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the CITY must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The CITY will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CITY must be had. This includes document review. 2021 Agreement Legal Services Page 3 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 46 of 185 Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the CITY. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the CITY. All such work product shall be confidential and not released to any third party without the prior written consent of the CITY. Article 7. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the CITY or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 8. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. If the FIRM and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, or the compensation payable to the FIRM in this Agreement, the CITY or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance or the compensation payable to the FIRM. Article 9. Indemnification. The FIRM agrees to indemnify, defend, and hold the CITY and its agents, officers, employees, and volunteers harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM'S employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. Article 10. Insurance. The FIRM, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per claim. 2021 Agreement Legal Services Page 4 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 47 of 185 B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to the "location". The "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of FIRM'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the FIRM shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. shall be: G. The Certificate Holder for all policies of insurance required by this Section City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. 2021 Agreement Legal Services Page 5 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 48 of 185 I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the FIRM does not keep all insurance policies required by this Article 10 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Article 10, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the FIRM maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum Iimits of insurance and coverage shall be available to the CITY. Article 11. Drug Free Work Place. The FIRM agrees to comply with the CITY'S Drug -Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 12. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Article 13. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CITY shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: 2021 Agreement Legal Services Page 6 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 49 of 185 City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4397 cc: Executive Assistant to the City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4397 and to: cbell@nationalcityca.gov leahm(ci nationalcityca.gov Notice to the FIRM shall be addressed to: Mitchell D. Dean, Esq. Dean Gazzo Roistacher LLP 440 Stevens Avenue, Suite 100 Solana Beach, CA 92075 Email: mdean@deangazzo.com Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 15. Administrative Provisions. A. Time of Essence. Time is of the essence for each provision of this Agreement. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Headings. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. California Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. 2021 Agreement Legal Services Page 7 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 50 of 185 E. Integrated Agreement. This Agreement including attachments and exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CITY and the FIRM. F. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. G. Waiver. The failure of the CITY to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. H. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. This prohibition shall not preclude the CITY from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. I. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. J. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney 202I Agreement Legal Services Page 8 of 9 DEAN GAZZO %i TACHER LLP (Corporation - sign. . e of . porate officers) By: , Esq. p Title: I %fie-^ N av% By: �—�, Esq. Title: p A rt rsJeTt...,, $ A JV7< (Jtt 2:7-0 City of National City and DEAN GAZZO ROISTACHER LLP 51 of 185 L---41ro pai e 6,tp<^ kj 2021 Agreement Legal Services Page 9 of 9 City of National City and DEAN GAZZO ROISTACHER LLP 52 of 185 MEMORANDUM TO NATIONAL CITY TO: CHARLES BELL, JR. FROM: MITCHELL DEAN SUBJECT: FORMATION OF DEAN GAZZO ROISTACHER LLP DATE: 1 / 12/2021 CC: Charles: On December 9, 2020, I was informed that Daley & Heft would cease to function in its current capacity no later than February 28, 2021. I was also told at that time that three of my other partners split of to form their own firm. The five remaining partners, me, Rick Schneider, Sam Gazzo, Scott Noya and Lee Roistacher immediately started planning for our own firm. I have been in charge of the public entity defense aspect of Daley & Heft for more than a decade and I have defended public entities since 1987. My entire public entity team (attorneys and staff) was intact after the splitting off of my three partners and the winding up of Daley & Heft. That team exists (just as it did within Daley & Heft) within Dean Gazzo Roistacher. We have our EIN (86-1179677), and our Secretary of State LLP filing number (202020365004). Our new address is: 440 Stevens Avenue, Suite 100, Solana Beach, CA 92075. My new email will be: mdean@deangazzo.com (to be active in a few weeks) Our domain name is: deangazzo.com and our website will be operational and live in about a week. We have three partners, two "of counsel" attorneys and six experienced associates. 53 of 185 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code. (Police) Please scroll down to view the backup material. 54 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving authorizing the sale of one surplus police motorcycle to the San Diego State University Police Department in compliance with City Council Policy and National City Municipal Code.. PREPARED BY: Captain Graham Young PHONE: (619) 336-4514 EXPLANATION: DEPARTMENT: Police Department APPROVED BY: The National City Police Department received a request from and allied agency, the San Diego State University Police Department (SDSUPD), to purchase one surplus Police Motorcycle for $8,000. The sale of the surplus police motorcycle would comply In accordance with National City Council Policy 115, "Donation of Surplus City Property and Police Department Unclaimed Personal Property', agencies requesting surplus equipment must be organizations as defined in the policy, in addition to National City Municipal Code 2.42.040(B)(4), "Disposal of Surplus City Property"- the San Diego State University Police Department meets this requirement. FINANCIAL STATEMENT: ACCOUNT NO. No cost to City ENVIRONMENTAL REVIEW: 1N1A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: ance MIS STAFF RECOMMENDATION: approve Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. ;Staff Report 2. National City Council Policy 115, and Municipal Code Chapter 2.42.040E 55 of 1851 pL:1F0 N ��_ 10NA'T NATIONAL CITY POLICE DEPARTMENT STAFF REPORT DATE: February 1, 2021 SUBJECT: Sale of 2011 Honda ST1300 Police Motorcycle to the San Diego State University Police Department. Staff Report The National City Police Department has received a request from the San Diego State University Police Department (SDSU PD) to purchase a surplus police motorcycle. a 2011 Honda ST1300 for $8,000 . The National City Police Department currently has three running 2011 Hondas. SDSU PD currently uses this type of motorcycle and has requested to purchase one of our motorcycles. NCPD is transitioning to the BMW motorcycle and our fleet of four (4) Hondas will be rotated out as this transition continues. Normally as vehicles are rotated out of service they are sent to auction and generally sold below market value. Were we to sell these bikes at auction, costly man hours would need to be spent removing all the related police equipment from these bikes. Additionally the equipment removed, Rifle rack, citation holder, police lighting, police radio and associated bracketry would not be reused or sold as the Honda police motorcycle is no longer being produced. These items would eventually be destroyed or donated. The stripped down motorcycle would then be auctioned off and the city would most likely receive pennies on the dollar. SDSU PD is in dire need of one, possibly two of these bikes. They have agreed to pay eight thousand dollars for one motorcycle and they fully understand the motorcycle would be sold "AS IS." This sale would be a benefit to both agencies. SDSU PD would be getting a motorcycle that they could put in service almost immediately and NCPD would receive eight thousand dollars that could be put in to a reserve account to help purchase a new motorcycle for the traffic division helping to reduce the budget burden of the purchase of a new motorcycle. The Kelly Blue Book value of a similar used civilian version of the Honda is between three and four thousand dollars. Auction prices are often half of the blue book value. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 56 of 185 Background The National City Police Department Traffic Division currently has four (4) 2011 Honda ST1300 Police Motorcycles. These motorcycles all have between 40 to 90 thousand miles on them. All have had expensive repairs done to them that include but are not limited to new motors, new transmissions, cooling systems repairs, suspension repairs, tires, lighting etc. These repairs are becoming costly due to the age of these motorcycles. The Kelley blue book value for each motorcycle is between 3 to 4 thousand dollars. This value is for a civilian version. The police version is less valuable since it is used as a work instrument and has more wear than a civilian version. Earlier this year we were fortunate to be able to receive two new BMW Police Motorcycles that would replace two of the older Hondas. Currently the Traffic division has three motor officers but it is slated for four officers. In an ideal world this means that five (5) motorcycles are needed. Four for the officers and one spare/extra in the event of a breakdown or accident. The sale of one of our Honda motorcycles to the SDSU PD would reduce the budget burden of the purchase of a third BMW motorcycle for the traffic division. Policy Requirements: In accordance with National City Council Policy 115, "Donation of Surplus City Property and Police Department Unclaimed Personal Property' (attached), agencies requesting surplus equipment must be organizations as defined in the policy, in addition to National City Municipal Code 2.42.040(B)(4), "Disposal of Surplus City Property"(attached - the San Diego State University Police Department meets this requirement. According to Municipal Code Chapter 2.42.040B, any item with a value exceeding $1,000 must be disposed: 1. Through the solicitation of sealed bids in a local newspaper; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment to a vendor to sell on the City's behalf; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). 2 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 57 of 185 The donation/sale of a surplus police vehicle to the San Diego State University Police Department meets requirement No. 4 as described above. Staff Recommendation: The City of National City has an excellent working relationship with the San Diego State University Police Department and we have been very fortunate to have work in conjunction with SDSU PD in enforcement operation within our City. Staff recommends the Council approve the donation in order to assist San Diego State University Police Department fulfill its mission of providing its students at San Diego State University with a safe traffic environment. Financial Statement: No cost to City, however donating the vehicle versus selling at auction impacts potential revenue source. CURRENT AGREEMENT None IMPACT Net gain of eight thousand dollars to be to offset costs for the purchase of a new BMW police motorcycle for the National City Police Department. 3 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 58 of 185 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: October 8, 2013 Puxnose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, and/or other municipal agencies. Definitions • Municipal Agencies: public/government agencies, and Sister Cities. • Local Non -Profit 5010{) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(e)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." Organizations are "commonly referred to as charitable organizations". In order to be considered "local", the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of `local' and 'non-profit' 501(0)(3) status, • $ untlus Citv Property: is defined by Municipal Code 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defined in Municipal Code Chapter 2,44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Cade. Page 1 of 3 59 of 185 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: October 8, 2013 • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Rag The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1000 may be donated. Police Department Unclaimed Petsonal_Pronerty: Per Municipal Code Chapter 2 44: "If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to Municipal Code. Viability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored, The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Page 2 of 3 60 of 185 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property _ADOPTED: June 17, 2003 AMENDED: October 8, 2013 procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Depart mentIFurchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof; and website registries such as: www.guidestar.com • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" farm and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. Related Policy References Municipal Code Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 501(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policv Amendments April 20, 2004 Page 3 of 3 61 of 185 2/112021 Chapter 2.a2 - DISPOSAL OF SURPLUS CITY PROPERTY I Code of Ordinances I National My, CAI Munloodo Library Code of Ordinances < 2.36.010 - Designated. Chapter 2.44 - UNCLAIMED PROPERTY > Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY 2.42.010 - Definitions. A. "Surplus city property" means supplies or equipment belonging to the city which are no longer used or which have become obsolete or worn out or which are otherwise of no further use. B. "immediate family° means the husband, wire, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative: by blood or marriage residing in the same household. (Ord. 1673 § 1 (pelt 1979) 2.42.020 - Duty to report surplus equipment and supplies. All using agencies shall submit to the purchasing agent, at such times and in such forms as prescribed, reports listing all available surplus city property. The purchasing agent shall have authority to exchange for, or trade in, such property on new supplies and equipment in accordance with this chapter. (Ord.1673 § 1 (part), 1979) 2.42.030 - Disposal required. The purchasing agent shall determine if any surplus city property can be used by any agency of the city. If such supplies or equipment cannot be used or are unsuitable for city use, the purchasing agent shall, in the manner provided in this chapter, dispose of such supplies and equipment that cannot be exchanged for or traded in on new equipment or supplies. tl (Ord. 1673 § 1 (part), 1979) 62 of 185 2l112021 Chapter 2.42 - DISPOSAL OF SURPLUS CITY PROPERTY I Code of Ordinances I National City. CA I Mun!code library l5 Q 1 E A. If the surplus city property which 1s not required for city use has been assigned an estimated market value of less than one thousand dollars by the purchasing agent, he/she may dispose of such property on the open market without advertising for bids. B. If the surplus city property which is not required for city use has been assigned an estimated market value of one thousand dollars or more by the purchasing agent, he/she shall dispose of the property: 1. Through the solicitation of sealed bids, with the award going to the highest responsive, responsible bidder. All notices shall be published by the purchasing agent in a commercially reasonable manner, using any appropriate mediums of printed or electrons+ commerce which, in the opinion of the purchasing agent, are reasonably likely to ensure an optimum bidding process; 2. Through participation in the San Diego County cooperative auction; 3. Through consignment of items to a vendor to sell on behalf of the city. The purchasing agent shall enter into an agreement with the vendor that has the potential of generating the most market interest and, therefor, the highest net proceeds for the city. The consignment vendor shall, at its expense, advertise the item(s) for sale, in accordance wit# subsection (B)(1) of this section, and shall accept offers on behalf of the dty, with the city having final acceptance authority; 4. Through a negotiated agreement with another public agency, public safety organization, government agency or other nonprofit agency which may have limited funds, and an expressed need for such item(s). C. The purchasing agent shall have the authority to combine any surplus city property with lost and undaimed property for the purpose of disposal by public auction in accordance with chapter 2.44 of this title. D. The amount received for any property sold pursuant to this chapter shall be deposited In the city's general fund. (Ord. 2284, 2006: Ord. 2044, 1992; Ord. 1673 § 1 (part), 1979) 2.42.050 - City personnel prohibited from purchasing. No city officer or employee or any member of the immediate family living in the same household of a city officer or employee shall purchase surplus city property sold in accordance with this chapter. (Ord. 1673 g 1 (part), 1979) < 2.36.010 - Designated. Chapter 2.44 - UNCLAIMED PROM 63 of 185 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. (Engineering/Public Works) Please scroll down to view the backup material. 64 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. PREPARED BY: Luca Zappiello and Jos PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engi APPROVED BY: ing/ublic Works FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Notice to Cure 65 of 1851 EXPLANATION On June 16, 2020, City Council adopted Resolution No. 2020-113 awarding a contract to APR Construction, Inc. (Contractor) for the construction of the Civic Center ADA Accessibility Project, CIP No. 19-45. The Civic Center ADA Accessibility Project, CIP No. 19-45, will upgrade the first floor exterior access into the Civic Center. The project will construct an ADA accessible path of travel to the main entrance of the building located on the first floor, as well as the side entrances located on the north and south sides of the building. Additionally, the project will also install two ADA parking stalls in the building parking lot. The first stall will be located in front of the main entrance and the second stall will be located near the southern entrance, adjacent to the employee parking lot. It should be noted that for every Capital Improvement Project, the Contractor has to complete a Contractor Responsibility Questionnaire (Questionnaire) in order to determine if the bidder is responsible and has the capability to perform the contract, per National City Municipal Code Section 2.63, Ordinance No. 2018-2450. The Questionnaire includes questions in order to determine if the bidder has ever had any contract terminated, legal issues, and/or bond called. In the Questionnaire, APR Construction responded "negative" to all of these questions. Staff also checks the Department of Industrial Relation's Site for a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. APR Construction, Inc. was not listed. Additionally, staff checks the Department of Consumer Affairs — Contractor's State License Board to verify an active license. The Contractor was licensed. Lastly, staff conducts a reference check on the contractor's lift of completed projects in the last five years. The reference checks did not reveal any concerns that would prevent proceeding with an award to the Contractor. After the City Council awarded the construction contract, staff worked with APR Construction, Inc. to kick-off the project. However, during the project submittal process, the Contractor was not responsive to staff and did not provide complete submittals required for the project. Based on this lack of performance by the Contractor, the City's Construction Manager, Innovative Construction Consulting Services (Consultant), conducted additional research on the Contractor through the State Trial Legal Research site and discovered that the Contractor had numerous legal issues that included contract terminations and bond called to finish before the termination of the project. On September 22, 2020, the Consultant requested clarification from APR Construction regarding the Contractor's "negative" response to the questions in the Questionnaire. However, the Contractor did not provide a thorough clarification. On November 10, 2020, the Engineering & Public Works Department in coordination with the City Attorney's office sent a Notice to Cure asking for clarification to the Contractor. 66 of 185 On November 16, 2020, Contractor's Attorney, Dr. Villa Tarassoly, sent a response email to the Notice to Cure. On December 8, 2020, the City Attorney's office sent another response letter to the Contractor's Attorney stating that since the Contractor provided "False Information" in its responses to the Questionnaire, the Contractor materially violated contract provisions and directed the City's Public Works Department to proceed with making a recommendation to the City Council that APR Construction, Inc. be found in default (see attachments). Staff recommends the City Council of the City of National City find APR Construction, Inc. in default of the Contract for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. Upon the City Council proceeding with staff recommendation, staff will terminate the Contractor's right to perform under the Contract by issuing a written Notice of Termination for Default to the Contractor and its Surety. The Surety shall immediately assume all rights, obligations and liabilities of the Contractor under the Contract. Pursuant to our Contract, within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the City a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the City, the City may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the City deems to be expedient. The cost of completing the Work by the City shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay to the City, within 30 days after the City submits an invoice, all costs in excess of the remaining Contract Price. Staff will work with the Surety to identify a contractor to diligently prosecute the work to completion, per the original intent of the Contract. Once a contractor is determined, staff will return to City Council to enter into a construction contract for the project. In an effort to prevent a similar scenario from occurring, the Engineering & Public Works Department will be adjusting its policy to add an additional check on any litigation cases involving the apparent lowest bidders regardless of a "negative" response on the Questionnaire. 67 of 185 �t.. CALIFORNIA +e- NATIONAL Mr COIIpORA'r November 10, 2020 CIP NO. 19-45 VIA ELECTRONIC MAIL AND CERTIFIED MAIL eric@abrconstruction.com Attn: Eric Scarbrough APR Construction, Inc. 3916 Murray Hill Rd. La Mesa CA 92941 Project: CIVIC CENTER ADA ACCESSIBILITY PROJECT Subject: NOTICE TO CURE Mr. Scarbrough, The Greenbook Standard Specifications for Public Works Construction 2018 Edition ("Greenbook") provides the following: 6-7 TERMINATION OF CONTRACT FOR DEFAULT 6.7.1 General. If, prior to the acceptance of the Work, the Contractor: c) disregards written instructions from the Engineer or materially violates provisions of the Contract Documents; Additionally, in the Civic Center ADA Accessibility Project's Contract Documents, APR Construction Inc. was required to fill out a Post Bid Documents Package. The Post Bid Document Package's instructions include the following statement: "The City may find you in substantial breach of the contract, or potentially not award you future projects if the City discovers any False Information after the contract was awarded.,. If the City discovers False Information at any time, the City may terminate the contract as its own discretion, and you will be responsible for all associated costs to the City for any substantial breach of the contract."' On September 22, 2020, the City notified APR Construction Inc. that after further investigation it had determined that APR Construction Inc. failed to provide accurate information in its response to the "Contractor Responsibility Questionnaire." On September 23, 2020, APR Construction, Inc. provided its responses to the City's request for additional information.2 After reviewing APR Construction Inc.'s response, the City has determined that APR Construction Inc. provided "False Information" in its responses to the Contractor Responsibility Questionnaire and Attached hereto is a copy of an excerpt from the Post Bid Package for Civic Center ADA Accessibility Project, Capital Improvement Project No. 19-45. 2 Attached hereto is a copy of the September 23, 2020, correspondence for your reference. 68 of 185 CALIFORNIA 0-0 NiurioNAL CIrg oRpow�COAPORSTgD materially violated contract provisions. Therefore, the City has decided to proceed with process for terminating the contract and this letter represents the City's Notice to Cure. If APR Construction, Inc. fails to timely respond to this Notice to Cure and/or fails to commence satisfactory corrective actions, the Public Works Department will proceed with making a recommendation to the City Council of the City of National City that APR Construction, Inc. be found in default and terminated. oY tor o P . ' Works/City Engineer of Natio City Cc: Charles E. Bell, Jr. City Attorney, City of National City Western Surety Company Surety Citizen General Insurance Hunter Insurance Services, Inc. Automatic Data Processing Insurance Agency, Inc. (Insurance Companies) 69 of 185 Post Bid Documents Package for CIVIC CENTER ADA ACCESSIBILITY PROJECT CAPITAL IMPROVEMENT PROJECT NO. 19-45 REQUIRED TO BE FILLED OUT BY APPARENT LOW BIDDER OR SUBSEQUENT APPARENT LOW BIDDERS (as required by the Cite SUBMISSION DEADLINE: In accordance with Chapter 2.&3 of the National City Municipal Code this package shall be completed and returned to the City no later than 5 days after being notified of being the lowest responsive bidder, THE COMPLETED PACKAGE SHALL BE SUBMITTED TO: ENGINEERING DEPARTMENT 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA 91950 70 of 185 CIVIC CENTER ADA ACCESSIBILITY PROJECT POST BID DOCUIV1ENT CIP NO.19.i5 IN$TRUCTIO NS You are required to complete this package so the City may determine whether you are a qualified and responsible contractor prior to the award of any contract. The City has sole discretion whether any contract is awarded at this stage, but completion and submission of this package Is a required step In the award process. Please use the forms provided for responses and additional information as required in either 11 or 1,2 point Calibrf or Helvetica font. You have until the deadline on the cover of this package to provide the information requested herein. Failure to provide thorough and complete answers to the requested information herein may subject your bid to refection at the sole discretion of the City. If any information provided causes the Clty concern, you may be required to provide additional information. The exact additional information that Is required and Its due date will be sent to you in writing. Failure to provide thorough and complete answers to the additional requested information may lead the Clty to reject your bid in Its sole discretion. If the City determines that you are not qualified or are not a responsible contractor as required to perforrn the work, the City will notifyyou in writing of such determination. You must exercise your right to request a hearing by delivering the request In writing to the Clty Engineer within 5 calendar days from the receipt of the notice and finding. Failure to complete and submit the written request For a hearing within this set time will be deemed a waiver to the right to a responsibility hearing. At a responsibility hearing, you will be given the opportunity to provide additional information and arguments to rebut the finding of being unqualified or non - responsible. After the hearing, the City will make a final determination regarding your qualifications and responsibility and will notify you In writing. Completion of this package, and the responses provided herein, Is a condition precedent to any condition or obligation the City may have to you as the contractor. You will not be awarded the protect if, prior to awarding the contract, the City determines that you provided false information in response to the questions and requests herein ("False information"). The Clty may find you In substantial breach of the contract, or potentially not award you future projects if the City discovers any False Information after the contract was awarded,. If the City discovers False Information at any time, the City may terminate the contract at its own discretion, and you will be responsible for all associated costs to the City for any substantial breach of the contract, If at any time you have questions, or require an extension of time to fully respond to the requests for information, please contact Roberto Yano, Deputy Clty Engineer at 619-936-438o for clarification or an extension no later than 24 hours prior to the due date and time, 71 of 185 Luca Zappiello From: Eric Scarbrough <eric@aprconstruction.com> Sent: Wednesday, September 23, 2020 1:57 PM To: Sean Gill Cc: Jose Lopez; Luca Zappiello; admin@aprconstruction.com; Vida Tarassoly Subject: RE: Civic Center ADA Accessibility Project - Post Bid Documents CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sean and Luca, Why these questions are being asked post award? These questions should've been asked pre -award. Below are my answers in red text with explanation. I would like clarity on what is this leading to? Eric Scarbrough (619) 247-7327 Original Message Subject: Civic Center ADA Accessibility Project - Post Bid Documents From: "Sean Gill" <sgill@iccsinc.net> Date: 9/22/20 3:51 pm To: "Eric Scarbrough" <eric@aprconstruction.com> Cc: "Jose Lopez" <jlopez@nationalcityca.gov>, "1Zappiello@nationalcityca.gov" <1Zappiello@nationalcityca.gov> Mr. Scarbrough, As a requirement of the Civic Center ADA Accessibility Project, post bid docuunents were submitted by APR to National City. After further investigation, it has been determined APR may have provided incorrect infomation on the "Contractor Responsibility Questionnaire." Please review the following questions and confirm your answers are correct or revise and provide additional information if needed with 24 hours. Attached is a copy of your documents submitted post bid. Please review the following and confirm: 2. Has the Company ever had a contract terminated? 1 72 of 185 APR's response — No (APR Construction had been wrongfully ternninated on a construction contract. This was litigated in court and APR was found not in breach of the contract. The Termination for Default was reversed.) 6. Have any of the owners of the company or persons with financial interest in the company currently hold a financial interest in any other California licensed construction company? APR's response — No (I answered no because I have another California construction license but I don't have any financial interest at this time. The license is not being used for business at all at this time). 8. Has your company ever had a bond called to finish any project in the past 7 years? APR's response — No (I was found not in breach of the contract, the termination for default was reversed, the bond claim legal matter has been reversed in court, the matter shows the surety suing the local government agency to recover on a bond that was fraudulently tiled by the government agency. 10. Has the company ever been sued by a contractor or supplier for non-payment? APR's response — No (We are wrongfully being sued by a supplier who is attempting to force payment on a defective product that damaged APR's project., we have documentation related to the defective product that damaged APR project) 11. Has the company ever been sued by a person providing services for nonpayment? APR's Response — No You immediate attention to this matter is appreciated. Thank You, Sean Gill ICCS, LLC PO Box 62 11 Norco, CA 22860 7 73 of 185 ATTACHMENT HE LAW OFFICE OF r ` DR VGA TA RASSOLY November 16, 2020 Mr. Roberto Yano Director of Public Works, City Engineer City of National City 1243 National City Boulevard National City, California 91950 Re: Response to Notice to Cure Mr. Yano: 695 Town Center Drive, suite 700 Costa Mesa, Ca 92626 Telephone (949) 799-2010 Facsimile (714) 573-0082 URL: www.tarassolylaw.com I am an attorney representing APR Construction, and this letter is the response to the Notice of Cure APR has received from your office, dated November 10, 2020. On June 4, 2020, the City of National City ("National City") awarded the CIVIC CENTER ADA ACCESSIBILITY PROJECT to APR. From August 4, 2020, to October 5, 2020, APR had several telephone and email interactions with Mr. Sean Gill with ICCS, the project manager relating to submittals, construction schedule, and schedule of values. The email exchanges indicate that Mr. Gill incrementally asked for documents for his approval and informed APR that he would charge APR $180.00 per hour any time he felt that he needed to review the documents more than once. In general, APR's interactions with Mr. Gill were not easy and APR complained to Mr. Gill about his incremental reviews of the documents and requested that to save time and unnecessary charges for his extra reviews, Mr. Gill provides all of his comments and his submittal requirements in his first review. At that time, Mr. Gill brought up the subject of the APR v. City of San Diego lawsuit, which APR found very inappropriate. On August 30, 2020, in a face-to-face meeting, APR verbally complained to Mr. Luca Zappiello, Mr. Gill's supervisor, about Mr. Gill's inappropriate behavior and references to the law suit. It appears that on September 22, 2020, Mr. Gil, in retaliation for APR's complaint against him, started questioning APR's answers to the Contractor Responsibility Section of the RFP. Particularly, Mr. Gill focused on the following questions: 74 of 185 1. Has your company ever had a bond called to finish any project in the past 7 years? 2. Has the company ever been sued by a contractor or supplier for nonpayment? 3. Has the company ever been sued by a person providing services for nonpayment? 4. Have any of the owners of the company or persons with financial interest in the company currently hold a financial interest in any other California licensed construction company? In its response to the RFP, APR responded "NO" to all subject questions. On September 23, 2020, APR provided clear justifications for its responses, which demonstrated that APR had no intention to misrepresent the facts to National City. When APR prepared its response to the RFP to the first three of the questions above, APR did not report the bonds and litigations which the court found unjustifiable or the ones that are subject to ongoing litigation without any binding legal judgment against APR. As a matter of fact, in one particular case, on a bond that the obligee had collected against APR, the court found the obligee in default, and the surety has now brought an action against the obligee for disgorgement of the bond the obligee has unjustifiably collected. On the question regarding whether any of the owners of APR have financial interests in any other California licensed construction company, APR correctly answered "No." This is because although Mr. Eric Scarbrough has his license affiliated with another construction company, ESI Construction, that company has never performed any work, is not in business, and has created no financial interests. The company does not have any worker's compensation or general Iiability insurance and has not performed a single project to date. With the explanations that APR has provided, it is clear that APR's answers could not be regarded as an intentional misrepresentation of material facts. Simultaneous with our review of APR's responses, we have become aware that the aforementioned questions were fundamentally irrelevant, and they could only form an unfair basis for the qualification of bidding contractors. These questions should not have been a part of the RFP in the first place and should be disregarded altogether. California Public Contract Code (PCC) § 100 contains an express declaration of legislative intent, stating that the purpose of the code is to: 75 of 185 (a) To clarify the law with respect to competitive bidding requirements. (b) To ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds. (c) To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices. (d) To eliminate favoritism, fraud. California Department of General Service in its contracting manual Section. 5.15(E) in reliance on PCC § 10344 requires that: 1. A comprehensive evaluation plan must be developed and finalized. All rating and scoring factors which are to be considered must be included, criteria for considering costs to the State must be developed, and the evaluation plan must provide for a fair and equitable evaluation of all proposals (PCC § 10344). 2. All proposals and all evaluation and scoring sheets must be available for public inspection at the conclusion of the scoring process (PCC § 10342). PCC § 10180 requires in pertinent part that "On the day named in the public notice, the department shall publicly open the sealed bids and award the contracts to the lowest responsible bidders. Therefore, the questions posed to contractors in RFP should invite answers that could establish a basis for a fair selection process among the bidding contractors, and the project is required to be awarded to the lowest responsible bidder. The National City RFP questions under the "Responsible Contractor" Section, should be a fair assessment of the contractor's responsibleness. The Definition of responsible in this context is clearly defined in California Case law. In City of Inglewood--L.A. County Civic Center Auth. v. Superior Court, 7 Ca1.3d 861, the court stated that "It bears emphasis that the word "responsible" in the context of the statute is not necessarily employed in the sense of a bidder who is trustworthy so that a finding of non - responsibility connotes untrustworthiness. Rather, while that term includes the attribute of trustworthiness, it also has reference to the quality, fitness and capacity of the low bidder to 76 of 185 satisfactorily perform the proposed work. (See West v. Oakland (1916) 30 Cal. App. 556, 560 [159 P. 202].) Thus, a contract must be awarded to the lowest bidder unless it is found that he is not responsible, i.e,, not qualified to do the particular work under consideration." Contraiy to the intent of the statute, National City, under a section specifically titled "Contractor Responsibility" evaluates the bidding contractors not based on their quality, fitness and capability to satisfactorily perform the proposed work, but rather on whether they have been involved in lawsuits, have been terminated, or have had their bonds called, none of which is relevant to a proof that the contractor has done anything wrong or is unfit or incapable to satisfactorily perform the proposed work. Whether a material supplier has brought an action against a contractor is not conclusive that the contractor is in the habit of not paying its material suppliers. The material could have been inferior, and there may be a dispute between the contractor and the material supplier in which the contractor may prevail. Whether a contractor's bond has been called is no indication that the contractor is unfit and incapable of completing a project. The surety may have paid the bond in error. Such a line of questioning is harassing and could not fairly provide answers leading to the determination of a contractor's capability and fitness to perform a project. For example: In 2015, APR was unjustifiably terminated by the City of San Diego, and the City of San Diego collected on APR's performance bond. APR brought suit against the City of San Diego. The City of San Diego was found to have breached its contract and ordered by the court to pay APR damages. Currently, the termination for default has been reversed, and the bond company has brought an action against the City of San Diego to recover on the funds the City had received. It appears that the same attorney, Mr. Charles E. Bell, who represented the City of San Diego in the case brought against it by APR, is now the city attorney for National City; therefore, he can attest to the assertions made. The point made here is that it is wrong for National City to base its determination of the responsibility of APR simply on whether APR's bond was called by the City of San Diego. Such a conclusion would not provide a fair assessment of APR's responsibleness. Mr. Bell may have even informed National City of the City of San Diego lawsuit before APR's selection as the bid winner. If so, National City may 77 of 185 have even been even aware of APR's involvement in the City of San Diego lawsuit before the project was awarded to APR. In another example, APR is in an ongoing litigation with a material supplier who provided faulty material on a project, resulting in APR. damages. A suit brought by the supplier against APR is not a fair indication that APR was at fault or APR is not capable and fit to complete other projects. Conclusion: 1. APR's additional clarifications provided to the National City on September 23, 2020, indicate clearly that APR's answers to the RFP were justifiable. In response to the RFP, APR did not report any unlawful bond collections or contract terminations (City of San Diego), and those actions in a legal dispute and still under court review. 2. The combination of the APR responses and clarifications proves no basis for the disqualification of APR as a non -responsible bidder. 3. Any attempt by the National City to disqualify APR after APR submitted a complaint against lvlr. Gill to his supervisor is retaliatory and unlawful. 4. Questions asked in the bid package are unfair and in violation of PCC § 100. Such questions are further in violation of PCC § 10344, as they do not result in obtaining any information which could provide a basis for the assessment of APR's fitness and qualification as a responsible contractor to perform the project. 5. Under PCC § 10342, APR requests copies of all evaluations and scoring sheets for the project, which are now available for public inspection. Please inform us whether you could provide copies of the evaluation and scoring sheets for the project, or whether APR needs to appear in your office to perform the requested review. Sincerely, Vida Tarassoly, Ph.D., P.E., S.E. Attorney at Law 78 of 185 City Attorney Angil P. Morris -Jones City Attorney Charles E. Bell Jr. Senior Assistant City Attorney Nicole Pedone December 9, 2020 Dr. Vida Tarassoly Law Office of Dr. Vida Tarassoly 695 Town Center Drive, suite 700 Costa Mesa, Ca 92626 Dr. Tarassoly, �- CALIFORNJA NATIONAL city INCOHPOR AT P.O Office of the City Attorney Manor Alejandro Sotelo-Solis Councihnembeis Mona Rios Jury Cano Ron Morrison Gonzalo Quintero This letter is in response to your correspondence dated November 16, 2020.1 The following are the City of National City's ("City") responses to statements, assertions, and conclusions presented in your letter. 1. APR Construction, Inc.'s ("APR") Additional Responses to the City's Contractor Responsibility Questionnaire Were Not Justifiable and Are Not Supported by Court Findings The City disagrees with your contention that APR's failure to provide accurate information when responding to the City's Contractor Responsibility is unfounded and not supported by any legal determination. As discussed in the City's November 10, 2020 correspondence, the Post Bid Document Package's instructions include the following statement: "The City may find you in substantial breach of the contract, or potentially not award you future projects if the City discovers any False Information after the contract was awarded.,. If the City discovers False Information at any time, the City may terminate the contract as its own discretion, and you will be responsible for all associated costs to the City for any substantial breach of the contract." (Emphasis added) While you assert that APR's responses are justifiable, you fail to provide any legal authority to support this assertion. Moreover, your statement as to why APR elected not to report this information in response to the City's Contractor Responsibility Questionnaire is also unsupported by any documentation or Court ruling supporting this position. Without documentation or Court findings, APR relies solely upon its own conclusory opinion regarding the bond collections' validity and the City of San Diego's contract termination. This is evidenced by the simple fact that there is active litigation involving these issues. Thus there has not been any finding as to unlawfulness or wrongful termination. 1 Attached hereto is a copy of your November 16, 2020 correspondence for reference. 1243 National City Boulevard., National City, CA 91950 (619) 336-4220 www.nationalcityca.gov 79 of 185 1. Failure to Provide Any Legal Authority Supporting Assertion that APR's Additional Responses Proves that No Basis Exists for Termination Pursuant to the Contractual Provisions The City disagrees with your second conclusion. As discussed in the prior section, APR fails to provide any legal authority or documentation to support its position that its supplemental information and clarification proves the City has no basis for terminating its contract with APR. Additionally, your letter fails in its entirety to point to any contractual provision to support APR's claim that the City's termination is improper. 2. APR's Claim of Retaliation is Unsupported by Evidence or Legal Authority APR's claim that the City's decision to terminate the contract due to APR providing false information is not retaliatory and unlawful. Once again, your letter fails to provide any evidence supporting APR's assertions and relies solely on conclusory statements. 3. APR's Fails to Provide any Legal Authority to Support its Claim that Questions Asked in the Post Bid Documents Package Are Unlawful and in Violation of Public Contract Code §100 APR's fails to provide any legal authority to support its claim that questions asked in the Post Bid Documents Package are unlawful and in violation of Public Contract Code §100. Further, APR's letter references Public Contract Code §10344. Public Contract Code §10344 pertains to state agencies. The City is not a state agency, and therefore reference to this code section is mistaken. 4. The City Does Not Have Evaluation and Scoring Sheets for the Project APR's letter references Public Contract Code §10342 to support its request for copies of all evaluations and scoring sheets for the project. Public Contract Code §10342 pertains to state agencies. The City is not a state agency, and therefore reference to this code section is misguided. After reviewing APR Construction Inc.'s response, the City has determined that APR Construction Inc. provided "False Information" in its responses to the Contractor Responsibility Questionnaire and materially violated contract provisions. Therefore, the City has decided to proceed with the process for terminating the contract, and the City's Public Works Department will proceed with making a recommendation to the City Council that APR Construction, Inc. be found in default and terminated. Sincerely, Charles E. Bell, Jr. City Attorney 80 of 185 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 Apartments, LLC, a California limited liability company, restricting the rent of five units at or below 60% of Area Median Income and occupancy of said units to lower -income households at or below 80% of Area Median Income in exchange for one parking reduction concession pursuant to California Government Code Sections 65915 in 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) Please scroll down to view the backup material. 81 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO. i 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 of five units at or below 60% of Area Median Income and occupancy of said units to lower -income households at or below 80% of Area Median Income in exchange for one parking reduction concession pursuant to California Government Code Sections 65915 in 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: DEPARTMENT: Houses inYa Authority ;Greg Rose, Property Agent PHONE: 619-336-4266 EXPLANATION: See attached Staff Report. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA review. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Subordination Agreement 5. Resolution 82 of 185 Attachment No. 1 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council adopt the resolution approving an affordable housing bonus agreement with Kimball Apartments, LLC. Executive Summary The Kimball is an existing 47-unit mixed -use project located on the 100 block of East 8th Street. The project includes approximately 5,625 square feet of commercial space on the ground floor, a little more than half of which is occupied. The developer is proposing to convert approximately 2,935 square feet of the existing vacant commercial space into five (5) new residential units. The developer is requesting a density bonus in order to construct the new units and is agreeing to restrict the rent of five units at or below 60% of Area Median Income and occupancy of said units to lower -income households at or below 80% of Area Median Income in exchange for one parking reduction concession pursuant to California Government Code Sections 65915. Site Characteristics The property in which the building is located is zoned Major Mixed -Use Corridor (MXC- 2), which permits mixed -use developments by right. In the case of a primarily residential mixed -use project, as is the case here, a minimum of 10% of the total floor area must be commercial. In return for developing a mixed -use project, a developer may construct less parking than normally required for a single use development. In this case, the project required a minimum of 62 parking spaces. If built individually (not as a mixed - use project), the uses would otherwise require 107 parking spaces. Project History The developer submitted a building permit for the 47-unit mixed -use project in December of 2016. The permit was issued in January of 2018. As previously mentioned, the development was permitted by right as a conforming project. The building was completed in August of 2019, with the residential units finished and the commercial space as a shell (no tenant improvement). The one commercial tenant currently occupying the building was issued a permit to build out a restaurant in October of 2019. The restaurant opened last summer. Proposal for Five Restricted Units in Exchange for a Parking Reduction Concession In early 2020, the developer approached City staff about converting 2,935 square feet of commercial area to residential units. The developer stated that despite aggressive marketing, the remaining commercial space remained unleased. Staff stated that conversion was not possible, as doing so would result in the commercial floor area being Tess than the required 10% of the project in order to qualify as a mixed -use 1 83 of 185 Attachment No. 1 project. Combined with the new units the total parking spaces owed by the project as a non -mixed use project would then be 94 spaces, 32 more than existed — a physical impossibility in a fully -developed area. After additional discussion, it was determined that the project could add five affordable units under state density bonus law. This law (Government Code 65915) states that a qualifying project that includes a prescribed percentage of affordable units is entitled to an incentive or concession. These incentives may include an increase in height or a reduction in required project components, among others. In order to qualify for one project incentive/concession, the project must provide one of the following: • 5% of units restricted to very -low income (30% to 50% AMI) • 10% of units restricted to lower income (50% to 80% AMI) • 10% of units restricted to moderate income (80-120% AMI) — ownership only The developer is proposing to restrict the five units (10% of total units) to lower income residents and rent levels not to exceed 60% of Area Median Income, which would allow one incentive per GC 65915. The developer is requesting that less parking than required be granted as an incentive, which is consistent with state density bonus law. Approval of Additional Units With the exception of the restrictive affordability covenant being processed and outstanding department comments addressed (e.g. building code, fire code, etc.), the building permit for the five additional units is approved. No other processes are required at this point. This is a somewhat unusual situation, in that density bonus units are most often part of a new project rather than one already constructed. However, because of difficulty in leasing vacant commercial space and the resulting reduction in the economic viability of the project, the developer is requesting the density bonus units ex post facto. Density Bonus Program 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 2 84 of 185 Attachment No. 1 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°A) 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. • 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). 3 85 of 185 Attachment No. 1 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 8t" Street start on the following page. 4 86 of 185 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 l< 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 87 of 185 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_ --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 00 01 100 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 Oa of 1 OU 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 lower -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 90 of 185 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 lower income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below eighty percent (80%) 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 sixty percent (60%) 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 sixty percent (60%) 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 91 of 185 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, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds 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 92 of 185 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 93 of 185 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 94 of 185 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 95 of 185 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 96 of 185 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 97 of 185 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: Charles Bell Jr., City Attorney By: [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 98 of 185 Attachment No. 2 DEVELOPER: Kimball Apartments, LLC, a California limited liability company By: Luigi Angelucci, Member 10 99 of 185 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) 11 100 of 185 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) 12 101 of 185 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: 13 102 of 185 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 14 103 of 185 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. 1 104 of 185 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. 2 105 of 185 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. 3 106 of 185 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. 4 107 of 185 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, 5 108 of 185 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 6 109 of 185 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 7 110 of 185 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) 8 111 of 185 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: 9 112 of 185 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 10 113 of 185 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. 1 114 of 185 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 2 115 of 185 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] 3 116 of 185 Attachment No. 4 BORROWER: Kimball Apartments, LLC, a California limited liability company By: Luigi Angelucci, Member [SIGNATURES CONTINUED ON FOLLOWING PAGE] 4 117 of 185 Attachment No. 4 CITY: City of National City By: Brad Raulston, City Manager APPROVED AS TO FORM: By: Charles Bell Jr., City Attorney _5 118 of 185 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) 6 119 of 185 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) 7 120 of 185 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) 8 121 of 185 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter — Third Quarter 2020. (Finance) Please scroll down to view the backup material. 122 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Third Quarter 2020 PREPARED BY: Phillip Davis, Interim Finance Director DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the third quarter of calendar year 2020, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2020 123 of 185 NATIONAL CITY SALES TAX UPDATE 3Q 2020 (JULY - SEPTEMBER) CALIFORNIA NATIONAL CJTy 193I NATIONAL CITY TOTAL: $ 5,018,566 2.3% -1.3% -0.9% 3Q2020 COCOUNTYe STATE 0 'Allocation aberrations have been adjusted to reflect sales activity $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Autos and Transportation County and State Pools SALES TAX BY MAJOR BUSINESS GROUP 11. General Consumer Goods Restaurants and Hotels Building and Construction - - Business and Industry Fuel and Service Stations Food and Drugs Legend Q3 2019* • Q3 2020* Measure D TOTAL: $2,875,956 © -7.3% NATIONAL CITY HIGHLIGHTS National City's sales and use tax revenues from its July through September sales was 6.3% higher than the third quarter of 2019 but was inflated by previously deferred payments under the state's covid-19 relief program. Receipts were up 2.3% after factoring for these and other reporting anomalies. An accelerating shift in consumer preferences toward shopping online boosted receipts in the countywide use tax allocation pool where taxes on goods shipped from out-of-state are allocated and partially offset declines in other segments. The City's pool revenues were further enhanced by a rise in the City's share from 3.0% to 3.3%, A solid quarter for autos, building materials, grocers and liquor further helped offset declines in revenues from general consumer goods, fuel, several categories of restaurants and from business supplies. National City's voter approved Measure D added $3,008,540 to the amounts discussed above but was down 7.3% from the same quarter one year ago after back payments and reporting anomalies are factored out. Gains within the auto, building supply and food -drug groups were not enough to overcome drops in most categories of general consumer goods, fuel, restaurants and business supplies and equipment. TOP 25 PRODUCERS ABC Supply Co Arco AM PM Ball Mitsubishi C & M Motors Truck Center Chick Fil A Frank Hyundai Frank Subaru Frank Toyota Hd Supply White Cap In N Out Burger Macys Mor Furniture 4 Less Mossy Nissan National City Auto Center Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross Shell South Bay Volkswagen South County Buick Gmc Target Walmart Supercenter Westair Gases & Equipment HdL Companies Published by HdL Companies www.hdlcompanies.com 1888.861.0220 124 of 185 3Q 2020 NATIONAL CITY SALES TAX UPDATE STATEWIDE RESULTS The local one -cent sales and use tax from sales occurring July through September was 0.9% lower than the same quarter one year ago after factoring for accounting anomalies. The losses were primarily concentrated in coastal regions and communities popular with tourists while much of inland California including the San Joaquin Valley, Sacramento region and Inland Empire exhibited gains. Generally, declining receipts from fuel sales, brick and mortar retail and restaurants were the primary factors leading to this quarter's overall decrease. The losses were largely offset by a continuing acceleration in online shopping that produced huge gains in the county use tax pools where tax revenues from purchases shipped from out-of- state are allocated and in revenues allocated to jurisdictions with in -state fulfillment centers and order desks. Additional gains came from a generally solid quarter for autos, RV's, food -drugs, sporting goods, discount warehouses, building material suppliers and home improvement purchases. Some categories of agricultural and medical supplies/ equipment also did well. Although the slight decline in comparable third quarter receipts reflected a significant recovery from the immediate previous period's deep decline, new coronavirus surges and reinstated restrictions from 2020's Thanksgiving and Christmas gatherings compounded by smaller federal stimulus programs suggest more significant drops in forthcoming revenues from December through March sales. Additionally, the past few quarter's gains in county pool receipts that were generated by the shift to online shopping plus last year's implementation of the Wayfair v. South Dakota Supreme Court decision will level out after the first quarter of 2021. Much of the initial demand for computers and equipment to accommodate home schooling and remote workplaces has been satisfied. Manufacturers are also reporting that absenteeism, sanitation protocols, inventory and imported parts shortages have reduced production capacity that will not be regained until mass vaccines have been completed, probably by the fall of 2021. Significant recovery is not anticipated until 2021-22 with full recovery dependent on the specific character and make up of each jurisdiction's tax base. Part of the recovery will be a shift back to non- taxable services and activities. Limited to access because of pandemic restrictions, consumers spent 72% less on services during the third quarter and used the savings to buy taxable goods. Full recovery may also look different than before the pandemic. Recent surveys find that 3 out of 4 consumers have discovered new online alternatives and half expect to continue these habits which suggests that the part of the recent shift of revenues allocated through countywide use tax pools and industrial distribution centers rather than stores will become permanent. REVENUE BY BUSINESS GROUP National City This Quarter* Cons.Goods 16% Bus./Ind. 5% Building 6%-1 Autos/Trans. 35% Others ip-7% Pools 23% Restaurants s% 'ADJUSTED FOR ECONOMIC DATA TOP NON -CONFIDENTIAL BUSINESS TYPES National City Business Type New Motor Vehicle Dealers Quick -Service Restaurants Building Materials Service Stations Family Apparel Auto Lease Casual Dining Used Automotive Dealers Department Stores Specialty Stores Q3 '20* 1,329.0 292.2 238.2 195.0 139.7 126.5 122.8 116.9 67.6 66.6 2.8% -1.9% 27.0% - 26.2% -31.8% - 5.5% -35.2% -1.5% - 51.3% -21.9% *Allocation aberrations have been adiusted to reflect sales activity Change 0 0 4.6% -12.4% 13.5% - 31.2% -24.7% - 3.2% -34.2% 0.1 % - 46.1% -8.7% County Change 0 HdL State Change 5.8% -10.3% 16.4% -29.0% -24.4% -5.4% -37.9% 11.8% -42.5% -8.6% 'ln thousands of dollars 2 125 of 185 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended September 30, 2020. (Finance) Please scroll down to view the backup material. 126 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended September 30, 2020. PREPARED BY: gosedd PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended September 30, 2020. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 127 of 185 CALIFORNIA NATIONAL Orr � aco INCORPORATED City Council Staff Report February 16, 2021 ITEM Staff Report: Investment Report for the quarter ended September 30, 2020. BACKGROUND The California Government Code (§53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of September 30, 2020 is summarized below and compared to the balance as of September 30, 2019. Table 1 9/30/2020 9/30/2019 Book Value 1 $ 73,808,800 $ 79,458,718 Market Value 2 $ 75,247,302 $ 80,310,479 actual cost of investments 2 amount at which the investments could be sold The assets of the City of National City's investment portfolio are managed by Chandler Asset Management, the California Treasurer's Local Agency Investment Fund (LAIF), and the San Diego County Treasurer's Pooled Money Fund ("San Diego County Pool") with the largest portion of the assets, 48.52%. The San Diego County Pool and LAIF are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 128 of 185 Page 2 Staff Report: Investment Report for the quarter ended September 30, 2020. February 16, 2021 hours of a withdrawal request with no penalty. The City's assets managed by Chandler Asset Management may be liquidated and withdrawn at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of September 30, 2020 Table 2 Issuer/Manager Total Market % of Book Value Market Valuer YTM Portfolio Chandler Asset Management 31,349,658 32,352,256 0.24% 42.99% County of San Diego 36,124,056 36,508,945 1.08% 48.52% Local Agency Investment Fund 6,335,086 $6,386,101 2 0.69%3 8.49% Neighborhood National Bank (CDARS) 0 0 0.00% Totals for September 30, 2020 I includes accrued interest 2 includes LAIF participation factor of 1.004114534 3 calculated on 30/360 basis $73,808,800 $75,247,302 100.00% -1111111 TOTAL MARKET VALUE $75,247,302 LAIF $6,386,101 County of San Diego $36,508,945 Chandler Asset Management $32,352,256 129 of 185 Page 3 Staff Report: Investment Report for the quarter ended September 30, 2020. February 16, 2021 Table 3 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended September 30, 2020 Total Market Valuer Issuer/Manager 9/30/20 6/30/20 Change Period Return Yield (Net)3 Chandler Asset Management County of San Diego Local Agency Investment Fund Neighborhood National Bank (CDARS) $32,352,256 $36,508,945 $6,386,101 $0 Totals for September 30, 2020 $75,247,302 $32,291,265 $36,442,498 $18,622,729 $2,000,000 $60,991 0.21% 66,447 0.33% ($12,236,628) 0.21% ($2,000,000) 0.000% $89,356,492 ($12,109,190 0.43%4 NA 1.34% 0.85% 0.00% ' includes accrued interest 2 total include deposits and withdrawal(s) of: withdrawals 9/17/20 $1,500,000, 9/22/20 $700,000, 8/20/20 $1,000,000, 8/5/20 $2,000,000, 7/30/20 $7,000,000; Matured $2,000,000 3 annualized 4 weighted Economic review for the Quarter: The economy experienced a strong rebound in the third quarter, following a steep decline in activity in the second quarter, but we believe GDP remains well below its pre -pandemic peak. Economic data has recently softened and we anticipate the path to a full economic recovery may be uneven. In our view, the outlook for the economy hinges largely on the course of the pandemic, the timing and amount of additional fiscal relief, and the timeline for a vaccine. With jobless claims remaining elevated and the prospect of additional fiscal relief waning in the near - term, we believe the underlying fundamentals of the economy remain vulnerable and economic data may soften. We think additional fiscal stimulus is likely but the timeline has been pushed out. Nevertheless, we remain optimistic about the progress toward a vaccine and therapeutic treatments for the virus, which we will believe will help propel the economic recovery next year. We also expect the Fed's highly accommodative monetary policy framework will continue to provide support for the financial markets. The Federal OpenMarket Committee (FOMC) kept monetary policy unchanged in September with the fed funds target rate in a range of 0.0% to 0.25%. Monetary policy remains highly accommodative and Fed Chair Powell maintained a dovish tone during his press conference. The Fed will continue to use its balance sheet to support smooth financial market functioning by purchasing Treasury and agency mortgage -backed securities and will continue to use its lending facilities to support the flow of credit to businesses and municipalities, as needed. In the September policy statement, the FOMC noted that inflation continues to run below its 2.0% target, as weaker demand and lower oil prices are holding down consumer prices. Longer -term, the FOMC will allow inflation to run above 2.0% for some period of time before it looks to tighten policy, which implies the fed funds target rate will remain anchored near zero for years. The Fed's updated summary of economic projections signals that the target fed funds rate will 130 of 185 Page 4 Staff Report: Investment Report for the quarter ended September 30, 2020. February 16, 2021 remain unchanged through at least 2023, as policymakers do not expect inflation to exceed 2.0% during that timeframe. The next FOMC meeting is scheduled for November 4th-5th. On a year-to-date basis, the yield on 2-year Treasuries was down 144 basis points to 0.13% and the yield on 10-year Treasuries was down about 123 basis points to 0.68% at the end of September. In September, the Treasury yield curve was little changed on a month -over -month basis, following moderate curve steepening in August. The yield curve has steepened further in October, driven by a moderate increase in longer -term rates as the front end of the curve remains anchored near 0.0%. COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $192,829. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management $ 47,196 County of San Diego 120,684 Neighborhood National Bank (CDARS) LAIF 24,949 Totals for September 30, 2020 $ 192,829 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended September 30, 2020. 131 of 185 ICity of National City -Account #10162 MONTHLY ACCOUNT STATEMENT SEPTEMBER 1, 2020 THROUGH SEPTEMBER 30, 2020 Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 CHANDLER ASSET MANAGEMENT chandlerasset,com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. 132 of 185 City of National City Account#10162 Portfolio Summary As of September 30, 2020 CM PORTFOLIO CHARACTERISTICS Average Modified Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.78 1.80% 1.77% 0.24% AA+/Aa1 1.94 yrs 1.82 yrs SECTOR ALLOCATION Agency - US Treasury Corporate ABS. 6.1% Comm Paper' 1.9% Supras 11.6% Money Mkt Fd 0.1% PERFORMANCE REVIEW 18.7% 28.7% 43.0% ACCOUNT SUMMARY Beg. Values as of 8/31/20 End Values as of 9/30/20 Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value 32,211,203 134,754 32,227,334 124,922 32,345,957 48,759 31,293,632 31,340,041 31,340,041 32,352,256 47,338 -2,323 31,349,658 31,389,099 31,389,099 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) TOP ISSUERS Government of United States Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal National Mortgage Assoc Apple Inc Honda ABS MUFG Bank Ltd/NY Federal Farm Credit Bank Total 28.7% 15.6% 13.9% 11.7% 2.3% 2.2% 1.9% 1.8% 78.1% CREDIT QUALITY (S&P) AA (74.9%) Annualized TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/29/2012 City of National City ICE BAML 1-3 Yr US Treasury/Agency Index ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 0.03% 0.03% 0.02% 0.21% 0.11% 0.18% 3.04% 3.03% 3.11% 3.60% 3.56% 3.68% 4.06% 3.95% 4.10% 2.84% 2.64% 2.78% 2.03% 1.81% 1.99% N/A N/A N/A 1.47% 1.34% 1.53% Chandler Asset Management - CONFIDENTIAL Paee 1 Execution Time: 10/1/202( 133 of 185 Statement of Compliance CA - As of September 30, 2020 City of National City Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Category Standard Comment Municipal Securities Treasury Issues Agency Issues Supranationals Banker's Acceptances Commercial Paper FDIC insured Time Deposits/ Certificates of Deposit Negotiable Certificates of Deposit Corporate Medium Term Notes Money Market Mutual Funds Mortgage Pass-throughs and Asset Backed Securities Local Agency Investment Fund (LAIF) Local Government Investment Pools Prohibited Securities Callable Securities Maximum Issuer Maximum maturity "A" rated or better by two NRSROs; 30% maximum; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held Complies under a custodial agreement at a bank. No Limitation Complies No Limitation Complies "AA" rated category or higher by a NRSRO; 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long term debt rated by two NRSROs; 40% maximum; 5% max per issuer; 180 days max maturity "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million. Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS "A" long-term debt rated or higher by at least two NRSROs; and/or "Al" short-term debt rated or higher by at least two NRSROs; 30% maximum; 5% max per issuer "A" rated category or better by at least two NRSROs; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Highest rating or AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million "AA" rating category or better by a NRSRO; 20% maximum Maximum permitted amount in LAIF; Currently not used by investment adviser San Diego County Investment Pool Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec 20% maximum (does not include "make whole call" securities) 5% max per issuer, except as noted in Section VIII of the investment policy 5 years Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies Complies 134 of 185 City of National City Account #10162 Reconciliation Summary As of September 30, 2020 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE Acquisition + Security Purchases + Money Market Fund Purchases + Money Market Contributions + Security Contributions + Security Transfers Total Acquisitions $698,820.28 $526,400.05 $0.00 $0.00 $0.00 $31,340,041.13 Dispositions - Security Sales - Money Market Fund Sales - MMF Withdrawals - Security Withdrawals - Security Transfers - Other Dispositions - Maturites - Calls - Principal Paydowns Total Dispositions $0.00 $698,820.28 $2,322.79 $0.00 $0.00 $0.00 $400,000.00 $0.00 $69,230.42 $1,225,220.33 $1,170,373.49 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss ($5,788.70) ENDING BOOK VALUE ($5,788.70) $31,389,099.27 CAI CASH TRANSACTION SUMMARY BEGINNING BALANCE Acquisition Contributions Security Sale Proceeds Accrued Interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) Interest from Calls/Redemption Principal Paydown Total Acquisitions Dispositions Withdrawals Security Purchase Accrued Interest Paid Total Dispositions $0.00 $0.00 $0.00 $57,164.99 $4.64 $400,000.00 $0.00 $0.00 $0.00 $69,230.42 $526,400.05 $2,322.79 $698,820.28 $0.00 $701,143.07 $203,760.85 ENDING BOOK VALUE $29,017.83 Chandler Asset Management - CONFIDENTIAL Paee 3 Execution Time: 10/1/202( 135 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income FIXED INCOME 02665WAZ4 037833AK6 American Honda Finance Note Due 09/24/2020 Apple Inc Note 2.4% Due 05/03/2023 07/11/2017 07/14/2017 0.00 405, 848.00 0.00 405,848.00 0.00 4,273.89 4,900.00 0.00 626.11 Various 700,739.00 Various 0.00 700,000.00 0.00 700, 739.00 5,506.67 0.00 6,906.67 1,400.00 0.00 0.00 0.00 626.11 0.00 0.00 0.00 1,400.00 626.11 1,400.00 06051GEU9 Bank of America Corp Note 3.3% Due 01/11/2023 12/27/2018 393,500.00 1,833.33 0.00 12/31/2018 0.00 0.00 0.00 400,000.00 0.00 2,933.33 0.00 393,500.00 1,100.00 1,100.00 1,100.00 06406RAA5 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 02/07/2022 08/14/2018 392,152.00 693.33 0.00 08/16/2018 0.00 0.00 0.00 400,000.00 0.00 1,560.00 0.00 392,152.00 866.67 866.67 866.67 084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023 2.75% Due 03/15/2023 24422EUR8 John Deere Capital Corp Note 3.45% Due 01/10/2024 08/26/2019 412,068.00 5,072.22 0.00 08/28/2019 0.00 5,500.00 0.00 400,000.00 0.00 488.89 0.00 412,068.00 916.67 916.67 916.67 03/14/2019 408,860.00 1,955.00 0.00 03/18/2019 0.00 0.00 0.00 400,000.00 0.00 3,105.00 0.00 408,860.00 1,150.00 1,150.00 1,150.00 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 540,734.25 4,085.16 0.00 01/31/2019 0.00 0.00 0.00 525,000.00 0.00 5,561.72 0.00 540,734.25 1,476.56 1,476.56 1,476.56 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various 605,009.60 3,566.60 0.00 Various 0.00 0.00 0.00 580,000.00 0.00 4,956.18 0.00 605,009.60 1,389.58 1,389.58 1,389.58 3130A2UW4 FHLB 10/29/2019 315,474.00 4,025.00 0.00 Note 10/30/2019 0.00 4,312.50 0.00 2.875% Due 09/13/2024 300,000.00 0.00 431.25 0.00 315,474.00 718.75 718.75 718.75 Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 10/1/202( 136 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 CAI Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3130A3KM5 3130A7CV5 FHLB Note 2.5% Due 12/09/2022 FHLB Note 1.375% Due 02/18/2021 09/10/2019 09/13/2019 575,000.00 591,174.75 0.00 0.00 591,174.75 3,274.31 0.00 4,472.22 1,197.91 0.00 0.00 0.00 1,197.91 1,197.91 10/13/2016 490,960.40 10/14/2016 0.00 490,000.00 0.00 490, 960.40 243.30 0.00 804.76 561.46 0.00 0.00 0.00 561.46 561.46 3130AABG2 FHLB Note 1.875% Due 11/29/2021 03/08/2017 559,044.90 2,707.29 0.00 03/09/2017 0.00 0.00 0.00 565,000.00 0.00 3,590.10 0.00 559,044.90 882.81 882.81 882.81 313378WG2 FHLB 03/13/2018 596,646.00 7,083.33 0.00 Note 03/14/2018 0.00 7,500.00 0.00 2.5% Due 03/11/2022 600,000.00 0.00 833.33 0.00 596, 646.00 1,250.00 1,250.00 1,250.00 313379Q69 FHLB Note 2.125% Due 06/10/2022 06/20/2017 607,110.00 2,868.75 0.00 06/21/2017 0.00 0.00 0.00 600,000.00 0.00 3,931.25 0.00 607,110.00 1,062.50 1,062.50 1,062.50 3133ELWD2 FFCB 04/03/2020 564,163.80 841.61 0.00 Note 04/08/2020 0.00 0.00 0.00 0.375% Due 04/08/2022 565,000.00 0.00 1,018.18 0.00 564,163.80 176.57 176.57 176.57 3135G04Q3 FNMA 05/20/2020 643,058.55 443.44 0.00 Note 05/22/2020 0.00 0.00 0.00 0.25% Due 05/22/2023 645,000.00 0.00 577.81 0.00 643,058.55 134.37 134.37 134.37 3135G05G4 FNMA Note 0.25% Due 07/10/2023 07/08/2020 558,796.00 198.33 0.00 07/10/2020 0.00 0.00 0.00 560,000.00 0.00 315.00 0.00 558,796.00 116.67 116.67 116.67 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 425,444.80 213.89 0.00 01/31/2017 0.00 0.00 0.00 440,000.00 0.00 672.22 0.00 425,444.80 458.33 458.33 458.33 Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 10/1/202( 137 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3135G0T78 3135G0U27 FNMA Note 2% Due 10/05/2022 FNMA Note 2.5% Due 04/13/2021 12/12/2017 12/13/2017 500,000.00 494, 215.00 0.00 0.00 494, 215.00 4,055.56 0.00 4,888.89 833.33 0.00 0.00 0.00 833.33 833.33 07/23/2018 07/24/2018 300,000.00 297,771.00 0.00 0.00 297,771.00 2,875.00 0.00 3,500.00 625.00 0.00 0.00 0.00 625.00 625.00 3135G0W33 FNMA 09/05/2019 622,825.00 4,177.52 0.00 Note 09/06/2019 0.00 4,296.88 0.00 1.375% Due 09/06/2022 625,000.00 0.00 596.79 0.00 622,825.00 716.15 716.15 716.15 3135G0X24 FNMA Note 1.625% Due 01/07/2025 01/16/2020 623,050.00 1,523.44 0.00 01/17/2020 0.00 0.00 0.00 625,000.00 0.00 2,369.79 0.00 623,050.00 846.35 846.35 846.35 3137EADB2 3137EAEK1 FHLMC Note 2.375% Due 01/13/2022 FHLMC Note 1.875% Due 11/17/2020 Various 585,310.00 1,820.83 0.00 Various 0.00 0.00 0.00 575,000.00 0.00 2,958.86 0.00 585, 310.00 1,138.03 1,138.03 1,138.03 01/18/2018 594,780.00 3,250.00 0.00 01/19/2018 0.00 0.00 0.00 600,000.00 0.00 4,187.50 0.00 594,780.00 937.50 937.50 937.50 3137EAEL9 FHLMC Note 2.375% Due 02/16/2021 03/13/2018 598,068.00 593.75 0.00 03/14/2018 0.00 0.00 0.00 600,000.00 0.00 1,781.25 0.00 598,068.00 1,187.50 1,187.50 1,187.50 3137EAEN5 FHLMC Note 2.75% Due 06/19/2023 11/26/2018 593,214.00 3,300.00 0.00 11/27/2018 0.00 0.00 0.00 600,000.00 0.00 4,675.00 0.00 593, 214.00 1,375.00 1,375.00 1,375.00 3137EAEPO FHLMC Note 1.5% Due 02/12/2025 06/04/2020 652,443.75 494.79 0.00 06/05/2020 0.00 0.00 0.00 625,000.00 0.00 1,276.04 0.00 652,443.75 781.25 781.25 781.25 Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 10/1/202( 138 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAER6 3137EAEV7 FHLMC Note 0.375% Due 05/05/2023 FHLMC Note 0.25% Due 08/24/2023 05/05/2020 05/07/2020 600,000.00 08/27/2020 08/31/2020 900,000.00 599, 748.00 0.00 0.00 599,748.00 712.50 0.00 900.00 187.50 0.00 0.00 0.00 187.50 187.50 899,037.00 0.00 0.00 899,037.00 62.50 0.00 250.00 187.50 0.00 0.00 0.00 187.50 187.50 3137EAEX3 FHLMC Note 0.375% Due 09/23/2025 09/24/2020 0.00 0.00 0.00 09/25/2020 448,857.00 0.00 0.00 450,000.00 0.00 28.13 0.00 448,857.00 28.13 28.13 28.13 369550BE7 General Dynamics Corp Note 3% Due 05/11/2021 Various 397,216.30 3,666.66 0.00 Various 0.00 0.00 0.00 400,000.00 0.00 4,666.66 0.00 397,216.30 1,000.00 1,000.00 1,000.00 43813KAC6 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 43813RAC1 Honda Auto Receivables 2020-1 A3 1.61% Due 04/22/2024 09/22/2020 0.00 0.00 0.00 09/29/2020 249,963.28 0.00 0.00 250,000.00 0.00 5.14 0.00 249, 963.28 5.14 5.14 5.14 02/19/2020 69,986.28 31.31 0.00 02/26/2020 0.00 93.92 0.00 70,000.00 0.00 31.31 0.00 69,986.28 93.92 93.92 93.92 43814UAG4 Honda Auto Receivables Trust 2018-2 A3 3.01% Due 05/18/2022 05/22/2018 106,938.96 116.24 0.00 05/30/2018 0.00 268.24 0.00 95,959.00 10,982.05 104.30 0.00 95,956.91 256.30 256.30 256.30 43814WAB1 Honda Auto Receivables Trust 2019-1 A2 2.75% Due 09/20/2021 02/19/2019 31,782.41 31.56 0.00 02/27/2019 0.00 72.84 0.00 21,712.86 10,070.94 21.56 0.00 21,711.47 62.84 62.84 62.84 43815HAC1 Honda Auto Receivables Trust 2018-3 A3 2.95% Due 08/22/2022 08/21/2018 172,309.34 141.22 0.00 08/28/2018 0.00 423.65 0.00 157,094.26 15,236.63 128.73 0.00 157,072.71 411.16 411.16 411.16 Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 10/1/202( 139 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 CA% Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 43815NAC8 Honda Auto Receivables Trust 2019-3 A3 1.78% Due 08/15/2023 45950KCM0 International Finance Corp Note 2.25% Due 01/25/2021 08/20/2019 08/27/2019 100,000.00 99,999.17 0.00 0.00 99,999.17 01/24/2018 498,580.00 01/26/2018 0.00 500,000.00 0.00 498, 580.00 79.11 148.33 79.11 148.33 1,125.00 0.00 2,062.50 937.50 0.00 0.00 0.00 148.33 148.33 0.00 0.00 0.00 937.50 937.50 46625HJE1 JP Morgan Chase Note 3.25% Due 09/23/2022 12/19/2019 413,076.00 5,705.56 0.00 12/24/2019 0.00 6,500.00 0.00 400,000.00 0.00 288.89 0.00 413,076.00 1,083.33 1,083.33 1,083.33 477870AC3 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 07/16/2019 114,975.59 112.96 0.00 07/24/2019 0.00 211.79 0.00 115,000.00 0.00 112.96 0.00 114,975.59 211.79 211.79 211.79 47787NAC3 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 47789JAB2 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 07/14/2020 74,988.57 41.44 0.00 07/22/2020 0.00 56.31 0.00 75,000.00 0.00 17.00 0.00 74,988.57 31.87 31.87 31.87 03/05/2019 38,561.07 48.85 0.00 03/13/2019 0.00 91.59 0.00 25,722.91 12,839.33 32.58 0.00 25,721.74 75.32 75.32 75.32 47789KAC7 John Deere Owner Trust 2020-A A3 1.1% Due 08/15/2024 03/04/2020 169,989.61 83.11 0.00 03/11/2020 0.00 155.83 0.00 170,000.00 0.00 83.11 0.00 169,989.61 155.83 155.83 155.83 594918BG8 Microsoft Callable Note Cont. 10/3/2020 2% Due 11/03/2020 07/11/2017 270,999.00 1,770.00 0.00 07/14/2017 0.00 0.00 0.00 270,000.00 0.00 2,220.00 0.00 270,999.00 450.00 450.00 450.00 65479JAD5 Nissan Auto Receivables Owner 2019-C A3 1.93% Due 07/15/2024 10/16/2019 359,980.99 308.80 0.00 10/23/2019 0.00 579.00 0.00 360,000.00 0.00 308.80 0.00 359,980.99 579.00 579.00 579.00 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 10/1/202( 140 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 68389XBK0 Oracle Corp Callable Note Cont 8/15/2021 1.9% Due 09/15/2021 69353RFE3 PNC Bank Callable Note Cont 6/28/2022 2.45% Due 07/28/2022 10/26/2017 10/31/2017 400,000.00 395,816.00 0.00 0.00 395,816.00 3,504.44 3,800.00 337.78 633.34 0.00 0.00 0.00 633.34 633.34 04/24/2018 04/26/2018 400,000.00 385,792.00 0.00 0.00 385,792.00 898.33 0.00 1,715.00 816.67 0.00 0.00 0.00 816.67 816.67 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 07/12/2017 396,056.00 2,210.00 0.00 07/17/2017 0.00 0.00 0.00 400,000.00 0.00 2,860.00 0.00 396,056.00 650.00 650.00 650.00 89232HAC9 Toyota Auto Receivable Own 2020-A A3 1.66% Due 05/15/2024 06/17/2020 245,531.25 177.07 0.00 06/19/2020 0.00 332.00 0.00 240,000.00 0.00 177.07 0.00 245,531.25 332.00 332.00 332.00 89236TFS9 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 89237VAB5 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 05/20/2019 411,444.00 1,972.78 0.00 05/22/2019 0.00 0.00 0.00 400,000.00 0.00 3,089.44 0.00 411,444.00 1,116.66 1,116.66 1,116.66 07/21/2020 154,988.07 30.31 0.00 07/27/2020 0.00 56.83 0.00 155,000.00 0.00 30.31 0.00 154,988.07 56.83 56.83 56.83 89238KAD4 Toyota Auto Receivables Trust 2017-D A3 1.93% Due 01/18/2022 Various 119,916.05 83.81 0.00 Various 0.00 193.40 0.00 100,151.63 20,042.17 69.80 0.00 99,873.88 179.39 179.39 179.39 91159HHL7 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 01/29/2021 07/19/2017 404,036.00 835.56 0.00 07/24/2017 0.00 0.00 0.00 400,000.00 0.00 1,618.89 0.00 404,036.00 783.33 783.33 783.33 9128284D9 US Treasury Note 2.5% Due 03/31/2023 12/27/2018 448,505.86 4,733.61 0.00 12/28/2018 0.00 5,625.00 0.00 450,000.00 0.00 30.91 0.00 448,505.86 922.30 922.30 922.30 Chandler Asset Management - CONFIDENTIAL Page 20 Execution Time: 10/1/202( 141 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828G53 US Treasury Note 1.875% Due 11/30/2021 912828L24 US Treasury Note 1.875% Due 08/31/2022 08/28/2017 08/29/2017 600,000.00 604,994.20 0.00 0.00 604,994.20 2,858.61 0.00 3,780.74 922.13 09/06/2018 435,445.31 09/07/2018 0.00 450,000.00 0.00 435,445.31 23.31 0.00 722.55 699.24 0.00 0.00 0.00 922.13 922.13 0.00 0.00 0.00 699.24 699.24 912828M80 US Treasury Note 2% Due 11/30/2022 04/11/2019 593,554.69 3,049.18 0.00 04/15/2019 0.00 0.00 0.00 600,000.00 0.00 4,032.79 0.00 593,554.69 983.61 983.61 983.61 912828M98 US Treasury Note 1.625% Due 11/30/2020 11/29/2016 568,331.99 2,353.59 0.00 11/30/2016 0.00 0.00 0.00 570,000.00 0.00 3,112.81 0.00 568,331.99 759.22 759.22 759.22 912828Q37 US Treasury Note 1.25% Due 03/31/2021 912828Q78 US Treasury Note 1.375% Due 04/30/2021 04/27/2017 369,024.69 1,972.34 0.00 04/28/2017 0.00 2,343.75 0.00 375,000.00 0.00 12.88 0.00 369,024.69 384.29 384.29 384.29 05/25/2017 494,650.11 2,316.58 0.00 05/31/2017 0.00 0.00 0.00 500,000.00 0.00 2,877.04 0.00 494,650.11 560.46 560.46 560.46 912828576 US Treasury Note 1.125% Due 07/31/2021 08/28/2018 573,375.00 586.96 0.00 08/29/2018 0.00 0.00 0.00 600,000.00 0.00 1,137.23 0.00 573,375.00 550.27 550.27 550.27 912828TY6 US Treasury Note 1.625% Due 11/15/2022 03/03/2020 614,484.38 2,887.91 0.00 03/04/2020 0.00 0.00 0.00 600,000.00 0.00 3,682.74 0.00 614,484.38 794.83 794.83 794.83 912828V72 US Treasury Note 1.875% Due 01/31/2022 09/17/2018 435,744.14 733.70 0.00 09/18/2018 0.00 0.00 0.00 450,000.00 0.00 1,421.54 0.00 435,744.14 687.84 687.84 687.84 Chandler Asset Management - CONFIDENTIAL Page 21 Execution Time: 10/1/202( 142 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828W71 US Treasury Note 2.125% Due 03/31/2024 912828W89 US Treasury Note 1.875% Due 03/31/2022 12/05/2019 12/06/2019 225,000.00 229, 640.63 0.00 0.00 229, 640.63 04/26/2018 04/30/2018 600,000.00 580,593.75 0.00 0.00 580,593.75 2,011.78 2,390.63 13.14 391.99 4,733.61 5,625.00 30.91 922.30 0.00 0.00 0.00 391.99 391.99 0.00 0.00 0.00 922.30 922.30 912828WE6 US Treasury Note 2.75% Due 11/15/2023 07/22/2019 624,000.00 4,887.23 0.00 07/23/2019 0.00 0.00 0.00 600,000.00 0.00 6,232.34 0.00 624,000.00 1,345.11 1,345.11 1,345.11 912828WN6 US Treasury Note 2% Due 05/31/2021 04/29/2019 546,755.86 2,795.08 0.00 04/30/2019 0.00 0.00 0.00 550,000.00 0.00 3,696.72 0.00 546,755.86 901.64 901.64 901.64 912828ZA1 US Treasury Note 1.125% Due 02/28/2022 912828ZD5 US Treasury Note 0.5% Due 03/15/2023 03/24/2020 709,925.78 21.75 0.00 03/25/2020 0.00 0.00 0.00 700,000.00 0.00 674.38 0.00 709,925.78 652.63 652.63 03/24/2020 676,476.56 1,559.10 0.00 03/25/2020 0.00 1,687.50 0.00 675,000.00 0.00 149.17 0.00 676,476.56 277.57 277.57 652.63 277.57 931142E18 Wal-Mart Stores Note 3.125% Due 06/23/2021 07/02/2018 402,052.00 2,361.11 0.00 07/05/2018 0.00 0.00 0.00 400,000.00 0.00 3,402.78 0.00 402,052.00 1,041.67 1,041.67 1,041.67 Total Fixed Income 30,195,640.66 30,011,763.41 698,820.28 475,019.12 30,235,564.57 134,610.91 57,164.99 124,641.77 47,195.85 0.00 0.00 0.00 47,195.85 47,195.85 Chandler Asset Management - CONFIDENTIAL Page 22 Execution Time: 10/1/202( 143 of 185 City of National City Account #10162 Income Earned As of September 30, 2020 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income CASH & EQUIVALENT 60934N807 62479 LM E2 Federated Investors Govt Oblig Fund Inst. MUFG Bank Ltd Discount CP 0.15% Due 12/14/2020 03/03/2020 03/03/2020 29,017.83 203,760.85 526,400.05 701,143.07 29,017.83 0.00 4.64 0.00 4.64 0.00 0.00 0.00 4.64 4.64 08/27/2020 624,718.75 10.42 0.00 08/28/2020 0.00 0.00 0.00 625,000.00 0.00 88.54 0.00 624, 718.75 78.12 78.12 78.12 9127964G1 US Treasury Bill 0.143% Due 10/06/2020 06/25/2020 499,798.12 132.61 0.00 06/26/2020 0.00 0.00 0.00 500,000.00 0.00 191.98 0.00 499,798.12 59.37 59.37 59.37 Total Cash & Equivalent 1,154,017.83 1,328,277.72 526,400.05 701,143.07 1,153,534.70 143.03 4.64 280.52 142.13 0.00 0.00 0.00 142.13 142.13 31,340,041.13 1,225,220.33 1,176,162.19 TOTAL PORTFOLIO 31,349,658.49 31,389,099.27 134,753.94 57,169.63 124,922.29 47,337.98 0.00 0.00 0.00 47,337.98 47,337.98 Chandler Asset Management - CONFIDENTIAL Page 23 Execution Time: 10/1/202( 144 of 185 ..«... Y1$IW;Ma1 matt 1' itltih f 11 111174• 1 rlgls • • • . COUNTY OFAN D END I tiESTMENT POOL SEPT TREASURY IN l�STMENT RESULTS 2i.P:. County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.coi 145 of 185 PARTICIPANT PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of September 30, 2020 ($000) FMV FMV FMV % of 07/31/20 08/31/20 09/30/20 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont-Cuyamaca MiraCosta Palomar Southwestern $ 1,066,857 $ 1,102,846 2,206,322 2,123,939 125,894 106,748 3,962,419 4,915,918 167,629 145,427 108,379 230,133 133,162 112,564 123,063 81,584 216,106 168,198 PARTICIPANT FMV FMV FMV % of 07/31/20 08/31/20 09/30/20 Total $ 1,124,623 10.88% Leucadia Wastewater District 2,125,009 20.55% Lower Sweetwater FPD 116,500 1.13% Metropolitan Transit System 5,203,600 50.33% Mission Resource Conservation District North County Transit District North County Cemetery District 112,020 1.09% North County Dispatch 126,909 1.23% North County FPD 358,531 3.47% Otay Water District 212,955 2.06% Palomar Health Care District* 165,585 1.60% Pomerado Cemetery District Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar El Cajon Encinitas National City Oceanside* Solana Beach* INDEPENDENT AGENCIES Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District* Grossmont Healthcare District Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park District Lakeside FPD 784,730 701,515 45,397 3,932 2,183 29,438 36,414 2,787 5,215 4,226 36,562 0 0 1,547 6,035 1,445 55 12,164 0 2 517 207 8,411 38,911 3,929 2,176 34,481 32,305 2,784 5,210 4,222 36,526 0 0 1,317 5,620 1,305 55 12,242 0 2 517 202 7,288 976,000 9.44% Public Agencies Self -Insurance System Ramona Cemetery District 39,366 Rancho Santa Fe FPD 3,927 Resource Conservation District of Greater SD* 2,174 Rincon del Diablo Municipal Water District SANDAG SD County Regional Airport Authority 34,465 San Diego Housing Commission 29,257 San Diego Geographic Information Source 2,783 San Diego Law Library 3,186 San Diego Local Agency Formation Comm 4,220 San Diego Regional Training Center 36,509 San Dieguito River Park 0 San Marcos FPD 0 San Miguel Consolidated FPD Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD Whispering Palms Community Services Distr 964 5,658 1,160 55 12,375 0 2 516 214 6,853 4,003 671 27,304 100 20,291 6,786 4,348 3,382 10,641 0 2,080 3,546 1,075 9,692 0 6,874 187,729 266,872 22,272 624 3,928 1,889 948 807 1 15,279 4,534 2 71 5,570 2,187 493 20,184 3,702 0 6,022 676 41,307 101 20,230 6,859 4,241 2,793 15,664 0 1,991 3,543 1,050 8,640 0 6,863 186,351 268,472 22,251 933 3,956 2,379 977 1,394 1 13,453 4,530 0 71 5,564 1,768 493 20,405 3,582 0 6,019 679 33,181 101 20,220 6,888 5,237 2,394 15,657 0 1,972 3,542 1,024 7,548 0 6,859 149,670 268,145 22,240 920 4,798 2,627 724 1,385 1 11,678 4,528 0 71 5,561 1,476 392 19,806 3,580 0 Total Voluntary Participants 834,421 845,651 792,613 7.67% Pooled Money Fund Total $ 8,980,644 $ 9,796,617 $ 10,338,346 100.00% * Footnote: The Oracle ending balances for these pool participants are under $500. Due to rounding, the FMV will show as zero even though there is an Oracle balance. 146 of 185 5 Below is the market price for September 2020. National City PoolTIM: 1.063 Conversion of Oracle Crash Balance to COSD Pooll Market Price Month Ended .September 30,2020 Current Month Prior Month Prior Quarter COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in .COSD Pool 9/30/2020 8/31/2020 6/30/2020 101.065% 101.113% 101.558% 10,338,345, 638 9,796,617,573 10,333,403,151 0.3531% 0.3728% 0.3527% Fund Description Oracle Cash Balance Market Vallue Market Value Market Value 44077 NATIONAL CITY INVESTMENT F U ND 36,124,056 36,508,945 36,526,109 36,442,498 Total for National City 36,124,056 36,508,945 36,526,109 36,442,498 Prior Year 9/30/2019 100.471% 8,515,496,046 0.4769%6 Market Value 40,610,401 40,610,401 Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontahleft;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Robabeh (Ruby) Vahedimanesh Student worker San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5809 I Fax: 619.531.6056 I www.sdttc.com 147 of 185 Below is the market price for August 2020. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended August 31st, 2020 COSD Pool Market Price CO5D Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Current Month 8/31/2020 Pool YTM: 1.11 Prior Month Prior Quarter 7/31/2020 5/31/2020 101.113% 101.436% 101.409% 9,796,617,573 8,980,643,964 11,310,979,395 0.3728% 0.4071% 0,3203% Oracle Cash Balance Market Value 35,124,056 35,526,109 36,124,056 36,526,109 Market Value Market Value 36,561,858 3632,881 36,561,858 36,232,881 Let me know if you have any questions. Thank you, http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin- top:0;width:52.55pt;height:52.55pt;z-index:251659264;visibility:visible;mso-wrap-style:square;mso- width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap-distance-top:0;mso-wrap- distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontahleft;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width- percent:0;mso-height-percent:0;mso-width-relative:page;mso-height-relative:page' o:button="t"> Robabeh (Ruby) Vahedimanesh Student worker San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5809 1 Fax: 619.531.6056 1 www.sdttc.com 148 of 185 Below is the market price for July 2020. National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended July 31st, 2020 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance 36,044,162 36,044,162 Current Month 7/31/2020 101.436% Prior Month 6/30/2020 101.558% Pool YTM: 1.46 Prior Quarter 4/30/2020 101.240% Prior Year 7/31/2019 100.152% 8,980,643,964 10,333,403,151 12,014,227,566 9,373,134,575 0.4071% 0.3527% 0.3018% 0.0900% Market Value 36,561,858 36,561,858 Market Value 36,442,498 36,442,498 Market Value 36,258,939 36,258,939 Market Value 8,435,821 8,435,821 Let me know if you have any questions. Thank you, Erin Lahti Investment Analyst San Diego County Treasurer -Tax Collector's Office Phone: 619.531.5308 I www.sdttc.com 149 of 185 10/19/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 September 2020 Statement Effective Transaction Tran Confirm Date Date Type Number 9/17/2020 9/16/2020 RW 1654300 9/22/2020 9/21/2020 RW 1654530 Account Summary Total Deposit: Total Withdrawal: October 19, 2020 LAIF Home PMIA Average Monthly Yields Tran Type Definitions Web Confirm Number Authorized Caller N/A MARK ROBERTS N/A MARK ROBERTS 0.00 Beginning Balance: -2,200,000.00 Ending Balance: Amount -1,500,000.00 -700,000.00 8,535,085.83 6,335,085.83 https://laifms.treasurer.ca.gov/RegularStatementaspx 150 of 185 9/15/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 August 2020 Statement ran Effective Transaction Type Confirm Date Date Type Number 8/5/2020 8/4/2020 RW 1651635 8/20/2020 8/19/2020 RW 1652642 Account Summary Total Deposit: Total Withdrawal: September 15, 2020 LAIF Home PMIA Average Monthly Yields Tran Type Definitions Web Confirm Number Authorized Caller N/A MARK ROBERTS N/A MARK ROBERTS 0.00 Beginning Balance: -3,000,000.00 Ending Balance: Amount - 2,000,000.00 - 1,000,000.00 11,535,085.83 8,535,085.83 https://laifms.treasurer.ca.gov/RegularStatement.aspx 151 of 185 9/15/2020 LAIF Regular Monthly Statement California State Treasurer Fiona Ma, CPA Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: 98-37-576 July 2020 Statement ran Effective Transaction Type Confirm Date Date Type Number 7/15/2020 7/14/2020 7/15/2020 7/29/2020 7/30/2020 7/29/2020 Account Summary Total Deposit: Total Withdrawal: QRD QRD RW 1647590 1651055 1651245 September 15, 2020 LAIF Home PMIA Average Monthly Yields Web Confirm Number N/A N/A N/A Tran Type Definitions Authorized Caller SYSTEM SYSTEM MARK ROBERTS 42,592.78 Beginning Balance: -7,000,000.00 Ending Balance: Amount 39,386.21 3,206.57 -7,000,000.00 18,492,493.05 11,535,085.83 https://laifms.treasurenca.gov/RegularStatementaspx 152 of 185 10/19/2020 PMIA Average Monthly Effective Yields California State Treasurer Fiona Ma, CPA Home PMIA Home Contacts Time Deposits LAIF Home -» PMIA -» PMIA Average Monthly Effective Yields %SU r 5'6.,,.,e POOLED MONEY INVESTMENT ACCOUNT PMIA Average Monthly Effective Yields Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 0.920 0.784 0.685 Home I Open Government I Careers I Contact I Calendar Search https://www.treasurer. ca.g ov/pm is -la if/historical/avg_m n_yld s.asp 153 of 185 State of California Pooled Money Investment Account Market Valuation 9/30/2020 Description Carrying Cost Plus Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 37,417,824,629.29 $ 37,474,728,617.52 $ 37,487,632,500.00 NA Notes $ 24,217,353,058.19 $ 24,217,068,836.30 $ 24,537,427,000.00 $ 100,593,584.00 Federal Agency: SBA $ 478,234,257.41 $ 478,234,257.41 $ 473,998,037.29 $ 203,278.39 MBS-REMICs $ 15,101,609.67 $ 15,101,609.67 $ 15,926,606.86 $ 70,087.53 Debentures $ 2,733,358,224.09 $ 2,732,582,182.96 $ 2,748,442,680.00 $ 6,581,289.90 Debentures FR $ - $ Debentures CL $ 725,000,000.00 $ 725,000,000.00 $ 725,479,000.00 $ 1,769,501.00 Discount Notes $ 15,463,600,958.36 $ 15,374,456,486.18 $ 15,475,375,200.00 NA Supranational Debentures $ 515,860,149.28 $ 515,678,738.16 $ 517,238,400.00 $ 2,195,871.75 Supranational Debentures FR $ 200,097,007.00 $ 200,097,007.00 $ 200,087,081.70 $ 118,962.61 CDs and YCDs FR $ 600,000,000.00 $ 600,000,000.00 $ 600,157,000.00 $ 139,847.22 Bank Notes CDs and YCDs $ 13,700,405,817.10 $ 13,700,183,594.88 $ 13,699,564,192.25 $ 15,421,222.21 Commercial Paper $ 7,509,491,061.13 $ 7,517,418,898.58 $ 7,518,422,005.55 NA Corporate: Bonds FR $ Bonds $ Repurchase Agreements Reverse Repurchase $ Time Deposits $ 4,929,000,000.00 $ 4,929,000,000.00 $ 4,929,000,000.00 NA AB 55 & GF Loans $ 694,298,000.00 $ 694,298,000.00 $ 694,298,000.00 NA TOTAL $ 109,199,624,771.52 $ 109,173,848,228.66 $ 109,623,047,703.65 $ 127,093,644.61 Fair Value Including Accrued Interest * Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 109,750,141,348.26 The value of each participating dollar equals the fair value divided by the amortized cost (1.004114534). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,082,290.67 or $20,000,000.00 x 1.004114534. 154 of 185 10/19/2020 Untitled Page BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number 98-37-576 As of 10/15/2020, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 09/30/2020. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ $ .00002309407394024 0.84% 1,080,331,597.44 6,335,085.83 24,949.26 https://laif.sco.ca.gov/Result.aspx 155 of 185 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended October 31, 2020. (Finance) Please scroll down to view the backup material. 156 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended October 31, 2020. PREPARED BY: R.ay. at4€441, DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending October 31, 2020. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended October 31, 2020. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 157 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 10/02/2020 60934N807 2.19 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 2.19 0.00 2.19 0.00 Purchase 10/03/2020 60934N807 272,250.00 Federated Investors Govt Oblig Fund 1.000 0.01% 272,250.00 0.00 272,250.00 0.00 Inst. Purchase 10/05/2020 60934N807 5,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 5,000.00 0.00 5,000.00 0.00 Purchase 10/06/2020 60934N807 500,000.01 Federated Investors Govt Oblig Fund 1.000 0.01% 500,000.01 0.00 500,000.01 0.00 Inst. Purchase 10/08/2020 60934N807 1,059.38 Federated Investors Govt Oblig Fund 1.000 0.01% 1,059.38 0.00 1,059.38 0.00 Inst. Purchase 10/13/2020 60934N807 3,750.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 3,750.00 0.00 3,750.00 0.00 Purchase 10/13/2020 89236XAC0 100,000.00 Toyota Auto Receivables 2020-D A3 99.981 0.36% 99,981.37 0.35% Due 1/15/2025 Purchase 10/15/2020 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 0.01% 148.33 Inst. Purchase 10/15/2020 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 0.01% 211.79 Inst. 0.00 99,981.37 0.00 0.00 148.33 0.00 0.00 211.79 0.00 Purchase 10/15/2020 60934N807 31.88 Federated Investors Govt Oblig Fund 1.000 0.01% 31.88 0.00 31.88 0.00 Inst. Purchase 10/15/2020 60934N807 56.83 Federated Investors Govt Oblig Fund 1.000 0.01% 56.83 0.00 56.83 0.00 Inst. Purchase 10/15/2020 60934N807 332.00 Federated Investors Govt Oblig Fund 1.000 0.01% 332.00 0.00 332.00 0.00 Inst. Purchase 10/15/2020 60934N807 579.00 Federated Investors Govt Oblig Fund 1.000 0.01% 579.00 0.00 579.00 0.00 Inst. Purchase 10/15/2020 60934N807 155.83 Federated Investors Govt Oblig Fund 1.000 0.01% 155.83 0.00 155.83 0.00 Inst. Purchase 10/15/2020 60934N807 13,721.09 Federated Investors Govt Oblig Fund 1.000 0.01% 13,721.09 0.00 13,721.09 0.00 Inst. Purchase 10/15/2020 60934N807 19,933.93 Federated Investors Govt Oblig Fund 1.000 0.01% 19,933.93 0.00 19,933.93 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 12/29/202( 158 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 10/15/2020 90LAIF$00 24,949.26 Local Agency Investment Fund State Pool 1.000 0.66% 24,949.26 0.00 24,949.26 0.00 Purchase 10/16/2020 3137EAEY1 630,000.00 FHLMC Note 0.125% Due 10/16/2023 99.627 0.25% 627,650.10 0.00 627,650.10 0.00 Purchase 10/19/2020 60934N807 48.82 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 48.82 0.00 48.82 0.00 Purchase 10/19/2020 60934N807 11,352.23 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 11,352.23 0.00 11,352.23 0.00 Purchase 10/19/2020 60934N807 10,267.57 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 10,267.57 0.00 10,267.57 0.00 Purchase 10/21/2020 60934N807 93.92 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 93.92 0.00 93.92 0.00 Purchase Purchase 10/21/2020 60934N807 10/31/2020 60934N807 14,918.92 Federated Investors Govt Oblig Fund Inst. 3,437.50 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 1.000 0.01% 14,918.92 3,437.50 0.00 0.00 14,918.92 3,437.50 0.00 0.00 Subtotal 1,612,300.48 1,609,931.95 0.00 1,609,931.95 0.00 TOTAL ACQUISITIONS 1,612,300.48 1,609,931.95 0.00 1,609,931.95 0.00 DISPOSITIONS Sale 10/13/2020 60934N807 99,981.37 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 99,981.37 0.00 99,981.37 0.00 Sale 10/16/2020 60934N807 627,650.10 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 627,650.10 0.00 627,650.10 0.00 Subtotal 727,631.47 727,631.47 0.00 727,631.47 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 12/29/202( 159 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Call 10/03/2020 594918BG8 270,000.00 Microsoft Callable Note Cont. 10/3/2020 2% Due 11/3/2020 100.000 1.99% 270,000.00 2,250.00 272,250.00 -999.00 Subtotal 270,000.00 270,000.00 2,250.00 272,250.00 -999.00 Paydown 10/15/2020 43815NAC8 0.00 Honda Auto Receivables Trust 2019-3 100.000 0.00 148.33 148.33 0.00 A3 1.78% Due 8/15/2023 Paydown 10/15/2020 477870AC3 0.00 John Deere Owner Trust 2019-B A3 100.000 0.00 211.79 211.79 0.00 2.21% Due 12/15/2023 Paydown 10/15/2020 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 100.000 0.00 31.88 31.88 0.00 0.51% Due 11/15/2024 Paydown 10/15/2020 47789JAB2 13,660.00 John Deere Owner Trust 2019-A A2 100.000 13,660.00 61.09 13,721.09 0.62 2.85% Due 12/15/2021 Paydown 10/15/2020 47789KAC7 0.00 John Deere Owner Trust 2020-A A3 100.000 0.00 155.83 155.83 0.00 1.1% Due 8/15/2024 Paydown 10/15/2020 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C 100.000 0.00 579.00 579.00 0.00 A3 1.93% Due 7/15/2024 Paydown 10/15/2020 89232HAC9 0.00 Toyota Auto Receivable Own 2020-A A3 100.000 1.66% Due 5/15/2024 0.00 332.00 332.00 0.00 Paydown 10/15/2020 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C 100.000 0.00 56.83 56.83 0.00 A3 0.44% Due 10/15/2024 Paydown 10/15/2020 89238KAD4 19,772.85 Toyota Auto Receivables Trust 2017-D 100.000 19,772.85 161.08 19,933.93 54.84 A3 1.93% Due 1/18/2022 Paydown 10/19/2020 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 100.000 0.00 48.82 48.82 0.00 A3 0.37% Due 10/18/2024 Paydown 10/19/2020 43814UAG4 11,111.53 Honda Auto Receivables Trust 2018-2 100.000 A3 3.01% Due 5/18/2022 11,111.53 240.70 11,352.23 0.24 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 12/29/202( 160 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 10/19/2020 43814WAB1 Paydown 10/21/2020 43813RAC1 Paydown 10/21/2020 43815HAC1 10,217.81 Honda Auto Receivables Trust 2019-1 100.000 A2 2.75% Due 9/20/2021 0.00 Honda Auto Receivables 2020-1 A3 100.000 1.61% Due 4/22/2024 14,532.73 Honda Auto Receivables Trust 2018-3 100.000 A3 2.95% Due 8/22/2022 10,217.81 49.76 10,267.57 0.65 0.00 93.92 93.92 0.00 14,532.73 386.19 14,918.92 1.99 Subtotal 69,294.92 69,294.92 2,557.22 71,852.14 58.34 Maturity 10/06/2020 9127964G1 500,000.00 US Treasury Bill 0.143% Due 10/6/2020 100.000 499,798.12 201.88 500,000.00 0.00 Subtotal 500,000.00 499,798.12 201.88 500,000.00 0.00 Security 10/05/2020 60934N807 2,323.27 Federated Investors Govt Oblig Fund 1.000 2,323.27 0.00 2,323.27 0.00 Withdrawal Inst. Security 10/15/2020 90LAIF$00 1,400,000.00 Local Agency Investment Fund State 1.000 1,400,000.00 0.00 1,400,000.00 0.00 Withdrawal Pool Security Withdrawal 10/31/2020 90SDCP$00 74,000.00 County of San Diego Pooled Investment 1.000 Pool 74,000.00 0.00 74,000.00 0.00 Subtotal 1,476,323.27 1,476,323.27 0.00 1,476,323.27 0.00 TOTAL DISPOSITIONS 3,043,249.66 3,043,047.78 5,009.10 3,048,056.88 -940.66 OTHER TRANSACTIONS Interest 10/05/2020 3135G0T78 500,000.00 FNMA Note 2% Due 10/5/2022 0.000 5,000.00 0.00 5,000.00 0.00 Interest 10/08/2020 3133ELWD2 565,000.00 FFCB Note 0.375% Due 4/8/2022 0.000 1,059.38 0.00 1,059.38 0.00 Interest 10/13/2020 3135G0U27 300,000.00 FNMA Note 2.5% Due 4/13/2021 0.000 3,750.00 0.00 3,750.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 12/29/202( 161 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 10/31/2020 912828Q78 500,000.00 US Treasury Note 1.375% Due 4/30/2021 0.000 3,437.50 0.00 3,437.50 0.00 Subtotal 1,865,000.00 13,246.88 0.00 13,246.88 0.00 Dividend 10/02/2020 60934N807 29,017.83 Federated Investors Govt Oblig Fund 0.000 Inst. 2.19 0.00 2.19 0.00 Dividend 10/15/2020 9OLAIF$00 1,107,631,597.44 Local Agency Investment Fund State 0.000 24,949.26 0.00 24,949.26 0.00 Pool Subtotal 1,107,660,615.27 24,951.45 0.00 24,951.45 0.00 TOTAL OTHER TRANSACTIONS 1,109,525,615.27 38,198.33 0.00 38,198.33 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 12/29/202( 162 of 185 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended November 30, 2020. (Finance) Please scroll down to view the backup material. 163 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended November 30, 2020. PREPARED BY: R.ay. at4€441, DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending November 30, 2020. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended November 30, 2020. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 164 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/03/2020 60934N807 8,400.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 8,400.00 0.00 8,400.00 0.00 Purchase 11/03/2020 60934N807 2.86 Federated Investors Govt Oblig Fund 1.000 0.01% Inst. 2.86 0.00 2.86 0.00 Purchase 11/05/2020 60934N807 1,112.50 Federated Investors Govt Oblig Fund 1.000 0.01% 1,112.50 0.00 1,112.50 0.00 Inst. Purchase 11/11/2020 60934N807 6,000.00 Federated Investors Govt Oblig Fund 1.000 0.01% 6,000.00 0.00 6,000.00 0.00 Inst. Purchase 11/15/2020 60934N807 13,125.00 Federated Investors Govt Oblig Fund 1.000 0.01% 13,125.00 0.00 13,125.00 0.00 Inst. Purchase 11/16/2020 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 0.01% 148.33 0.00 148.33 0.00 Inst. Purchase 11/16/2020 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 0.01% 211.79 0.00 211.79 0.00 Inst. Purchase 11/16/2020 60934N807 31.88 Federated Investors Govt Oblig Fund 1.000 0.01% 31.88 0.00 31.88 0.00 Inst. Purchase 11/16/2020 60934N807 155.83 Federated Investors Govt Oblig Fund 1.000 0.01% 155.83 0.00 155.83 0.00 Inst. Purchase 11/16/2020 60934N807 579.00 Federated Investors Govt Oblig Fund 1.000 0.01% 579.00 0.00 579.00 0.00 Inst. Purchase 11/16/2020 60934N807 332.00 Federated Investors Govt Oblig Fund 1.000 0.01% 332.00 0.00 332.00 0.00 Inst. Purchase 11/16/2020 60934N807 31.11 Federated Investors Govt Oblig Fund 1.000 0.01% 31.11 0.00 31.11 0.00 Inst. Purchase 11/16/2020 60934N807 56.83 Federated Investors Govt Oblig Fund 1.000 0.01% 56.83 0.00 56.83 0.00 Inst. Purchase 11/16/2020 60934N807 12,091.55 Federated Investors Govt Oblig Fund 1.000 0.01% 12,091.55 0.00 12,091.55 0.00 Inst. Purchase 11/16/2020 60934N807 18,411.65 Federated Investors Govt Oblig Fund 1.000 0.01% 18,411.65 0.00 18,411.65 0.00 Inst. Purchase 11/17/2020 60934N807 600,000.00 Federated Investors Govt Oblig Fund 1.000 0.01% 600,000.00 0.00 600,000.00 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 12/30/202( 165 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/17/2020 60934N807 5,625.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 5,625.00 0.00 5,625.00 0.00 Purchase 11/18/2020 3137EAEZ8 650,000.00 FHLMC Note 0.25% Due 11/6/2023 99.918 0.28% 649,467.00 58.68 649,525.68 0.00 Purchase 11/18/2020 60934N807 77.08 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 77.08 0.00 77.08 0.00 Purchase 11/18/2020 60934N807 10,777.90 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 10,777.90 0.00 10,777.90 0.00 Purchase 11/18/2020 60934N807 9,924.97 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 9,924.97 0.00 9,924.97 0.00 Purchase 11/19/2020 60934N807 3,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 3,900.00 0.00 3,900.00 0.00 Purchase Purchase Purchase Purchase Purchase Purchase Purchase 11/22/2020 60934N807 11/23/2020 60934N807 11/23/2020 60934N807 11/24/2020 459058JM6 11/24/2020 60934N807 11/25/2020 3135G06H1 806.25 Federated Investors Govt Oblig Fund Inst. 93.92 Federated Investors Govt Oblig Fund Inst. 14,810.19 Federated Investors Govt Oblig Fund Inst. 320,000.00 Intl. Bank Recon & Development Note 0.25% Due 11/24/2023 523,933.57 Federated Investors Govt Oblig Fund Inst. 580,000.00 FNMA Note 0.25% Due 11/27/2023 11/29/2020 60934N807 Purchase 11/30/2020 60934N807 1.000 0.01% 1.000 0.01% 1.000 0.01% 99.785 1.000 99.886 806.25 93.92 0.00 806.25 0.00 0.00 14,810.19 0.00 0.32% 319,312.00 0.00 0.01% 523,933.57 0.29% 579,338.80 5,296.88 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 5,296.88 17,125.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 17,125.00 0.00 93.92 14,810.19 319, 312.00 523,933.57 0.00 0.00 0.00 0.00 0.00 579,338.80 0.00 0.00 5,296.88 0.00 0.00 17,125.00 0.00 Subtotal 2,803,061.09 2,801,178.89 58.68 2,801,237.57 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 12/30/202( 166 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 11/30/2020 90SDCP$00 5,000.00 County of San Diego Pooled Investment 1.000 Pool 5,000.00 0.00 5,000.00 0.00 Subtotal 5,000.00 5,000.00 0.00 5,000.00 0.00 TOTAL ACQUISITIONS 2,808,061.09 2,806,178.89 58.68 2,806,237.57 0.00 DISPOSITIONS Sale 11/18/2020 60934N807 447,897.86 Federated Investors Govt Oblig Fund 1.000 0.01% 447,897.86 0.00 447,897.86 0.00 Inst. Sale 11/18/2020 912828M98 200,000.00 US Treasury Note 1.625% Due 11/30/2020 100.055 -0.04% 200,109.38 1,518.44 201,627.82 694.65 Sale 11/24/2020 60934N807 319,312.00 Federated Investors Govt Oblig Fund 1.000 0.01% 319,312.00 0.00 319,312.00 0.00 Inst. Sale 11/24/2020 912828M98 370,000.00 US Treasury Note 1.625% Due 11/30/2020 100.031 -0.28% 370,115.63 2,907.68 373,023.31 1,198.37 Sale 11/24/2020 912828Q37 150,000.00 US Treasury Note 1.25% Due 3/31/2021 100.418 0.05% 150,626.95 283.31 150,910.26 3,017.07 Sale 11/25/2020 60934N807 579,338.80 Federated Investors Govt Oblig Fund 1.000 0.01% 579,338.80 0.00 579,338.80 0.00 Inst. Subtotal 2,066,548.66 2,067,400.62 4,709.43 2,072,110.05 4,910.09 Paydown 11/16/2020 43815NAC8 0.00 Honda Auto Receivables Trust 2019-3 100.000 0.00 148.33 148.33 0.00 A3 1.78% Due 8/15/2023 Paydown 11/16/2020 477870AC3 0.00 John Deere Owner Trust 2019-B A3 100.000 0.00 211.79 211.79 0.00 2.21% Due 12/15/2023 Paydown 11/16/2020 47787NAC3 0.00 John Deere Owner Trust 2020-B A3 100.000 0.00 31.88 31.88 0.00 0.51% Due 11/15/2024 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 12/30/202( 167 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 11/16/2020 47789JAB2 12,062.91 John Deere Owner Trust 2019-A A2 100.000 2.85% Due 12/15/2021 12,062.91 28.64 12,091.55 0.55 Paydown 11/16/2020 47789KAC7 0.00 John Deere Owner Trust 2020-A A3 100.000 1.1% Due 8/15/2024 0.00 155.83 155.83 0.00 Paydown 11/16/2020 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C 100.000 0.00 579.00 579.00 0.00 A3 1.93% Due 7/15/2024 Paydown 11/16/2020 89232HAC9 0.00 Toyota Auto Receivable Own 2020-A A3 100.000 1.66% Due 5/15/2024 0.00 332.00 332.00 0.00 Paydown 11/16/2020 89236XAC0 0.00 Toyota Auto Receivables 2020-D A3 100.000 0.00 31.11 31.11 0.00 0.35% Due 1/15/2025 Paydown 11/16/2020 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C 100.000 0.00 56.83 56.83 0.00 A3 0.44% Due 10/15/2024 Paydown 11/16/2020 89238KAD4 18,282.37 Toyota Auto Receivables Trust 2017-D 100.000 18,282.37 129.28 18,411.65 50.70 A3 1.93% Due 1/18/2022 Paydown 11/18/2020 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 100.000 0.00 77.08 77.08 0.00 A3 0.37% Due 10/18/2024 Paydown 11/18/2020 43814UAG4 10,565.07 Honda Auto Receivables Trust 2018-2 100.000 10,565.07 212.83 10,777.90 0.23 A3 3.01% Due 5/18/2022 Paydown 11/18/2020 43814WAB1 9,898.63 Honda Auto Receivables Trust 2019-1 100.000 A2 2.75% Due 9/20/2021 9,898.63 26.34 9,924.97 0.64 Paydown 11/23/2020 43813RAC1 0.00 Honda Auto Receivables 2020-1 A3 100.000 0.00 93.92 93.92 0.00 1.61% Due 4/22/2024 Paydown 11/23/2020 43815HAC1 14,459.73 Honda Auto Receivables Trust 2018-3 100.000 14,459.73 350.46 14,810.19 1.98 A3 2.95% Due 8/22/2022 Subtotal 65,268.71 65,268.71 2,465.32 67,734.03 54.10 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 12/30/202( 168 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Maturity 11/17/2020 3137EAEK1 600,000.00 FHLMC Note 1.875% Due 11/17/2020 100.000 600,000.00 0.00 600,000.00 5,220.00 Subtotal 600,000.00 600,000.00 0.00 600,000.00 5,220.00 Security 11/04/2020 60934N807 2,323.10 Federated Investors Govt Oblig Fund 1.000 Withdrawal Inst. 2,323.10 0.00 2,323.10 0.00 Subtotal 2,323.10 2,323.10 0.00 2,323.10 0.00 TOTAL DISPOSITIONS 2,734,140.47 2,734,992.43 7,174.75 2,742,167.18 10,184.19 OTHER TRANSACTIONS Interest Interest Interest 11/03/2020 037833AK6 700,000.00 Apple Inc Note 0.000 8,400.00 0.00 8,400.00 0.00 2.4% Due 5/3/2023 11/05/2020 3137EAER6 600,000.00 FHLMC Note 0.000 1,112.50 0.00 1,112.50 0.00 0.375% Due 5/5/2023 11/11/2020 369550BE7 400,000.00 General Dynamics Corp Note 0.000 6,000.00 0.00 6,000.00 0.00 Interest 3% Due 5/11/2021 11/15/2020 912828TY6 600,000.00 US Treasury Note 1.625% Due 11/15/2022 0.000 4,875.00 0.00 4,875.00 0.00 Interest 11/15/2020 912828WE6 600,000.00 US Treasury Note 2.75% Due 11/15/2023 0.000 8,250.00 0.00 8,250.00 0.00 Interest 11/17/2020 3137EAEK1 600,000.00 FHLMC Note 1.875% Due 11/17/2020 0.000 5,625.00 0.00 5,625.00 0.00 Interest 11/19/2020 857477AV5 400,000.00 State Street Bank Note 1.95% Due 5/19/2021 0.000 3,900.00 0.00 3,900.00 0.00 Interest 11/22/2020 3135G04Q3 645,000.00 FNMA Note 0.25% Due 5/22/2023 0.000 806.25 0.00 806.25 0.00 Interest 11/29/2020 3130AABG2 565,000.00 FHLB Note 1.875% Due 11/29/2021 0.000 5,296.88 0.00 5,296.88 0.00 Interest 11/30/2020 912828G53 600,000.00 US Treasury Note 1.875% Due 11/30/2021 0.000 5,625.00 0.00 5,625.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 12/30/202( 169 of 185 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 11/30/2020 912828M80 600,000.00 US Treasury Note 2% Due 11/30/2022 0.000 6,000.00 0.00 6,000.00 0.00 Interest 11/30/2020 912828WN6 550,000.00 US Treasury Note 2% Due 5/31/2021 0.000 5,500.00 0.00 5,500.00 0.00 Subtotal 6,860,000.00 61,390.63 0.00 61,390.63 0.00 Dividend 11/03/2020 60934N807 156,414.31 Federated Investors Govt Oblig Fund Inst. 0.000 2.86 0.00 2.86 0.00 Subtotal 156,414.31 2.86 0.00 2.86 0.00 TOTAL OTHER TRANSACTIONS 7,016,414.31 61,393.49 0.00 61,393.49 0.00 Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 12/30/202( 170 of 185 The following page(s) contain the backup material for Agenda Item: Warrant Register #28 for the period of 1/06/21 through 1/12/21 in the amount of $1,471,325.17. (Finance) Please scroll down to view the backup material. 171 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #28 for the period of 1/06/21 through 1/12/21 in the amount of $1,471,325.17. (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 1/06/21 - 1/12/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 350876 72,311.63 Gas and Electric Utilities / PW FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,471,325.17. APPROVED: 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 $1,471,325.17. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 28 172 of 185 CALIFORNIAF__ PAYEE ADMINSURE INC AETNA BEHAVIORAL HEALTH ALDEMCO ALERT ALL CORPORATION ALL FRESH PRODUCTS ALTA LANGUAGE SERVICES INC ANORGA, SUSAN ARMENTA, LILIANA ASCAP AT&T AT&T BALTAZAR, ROSA BRAVO, MOISES BROWN, MAHO CAMACHO, J CAMPOS, MARIA CANTU-TAMEZ, MAGDA CASTILLO PENA, ERNESTO CISNEROS, ESMERALDA CONCENTRA MEDICAL CENTERS CONTRERAS, LISA COSTAR REALTY INFORMATION INC COUNTY OF SAN DIEGO COVARRUBIAS, JOSE COX COMMUNICATIONS COYOTE, LESLIE DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DE LAGE LANDEN DEEPNET SECURITY DEPARTMENT OF HOUSING ESTRADA, GUADALUPE FEDEX FRANK TOYOTA GARCIA, A GARCIA, LIDIA GUADALUPE COLIN, ELISA HERNANDEZ SERVIN, JESUS HIRESANTA LLC HIRSH, K HOME DEPOT CREDIT SERVICES HUYNH, CHRISTOPHER -M'IO-..'`5L law rNCO R P QR AT8D • WARRANT REGISTER # 28 1/12/2021 DESCRIPTION AGREEMENT TO PROVIDE MONTHLY SERVICES EMPLOYEE ASSISTANCE PROGRAM - JANUARY FOOD / NUTRITION PUBLIC EDUCATION SUPPLIES FIRE DEPT COVID 19 CONSUMABLES EMPLOYEE BILINGUAL TESTING PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 LICENSE FEE AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 TRAINING POST ADV SUB SUPERVSRY PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 WORKERS' COMP FIRST AID VISIT REFUND/MOVIE CANCELLED DUE TO COVID19 COSTAR REALTY INFORMATION ANNUAL MEMBERS MAIL PROCESSING SERVICES / MAY & JUNE 20 REFUND/MOVIE CANCELLED DUE TO COVID19 COX DATA VIDEO SERVICES FOR FY21 REFUND/MOVIE CANCELLED DUE TO COVID19 LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LEASE 20 SHARP COPIERS FOR FY21. DEEPNET ANNUAL RENWAL 8/09/20 - 8/09/21 FIRE TRAILERS REGISTRATION RENEWAL REFUND/MOVIE CANCELLED DUE TO COVID19 FEDEX EXPRESS SHIPMENT LAMP ASSY RR COMM TUIT REIMB A. GARCIA REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND PARKING CITATION REFUND KIMBALL HOLIDAY SANT CRUISE VISIT TRAINING ADV LDG SWAT HIRSH COMMUNITY SERVICES HOPE DEPOT PURCHASES REFUND/MOVIE CANCELLED DUE TO COVID19 CHK NO DATE AMOUNT 350790 1/12/21 7,872.50 350791 1/12/21 970.18 350792 1/12/21 7,925.26 350793 1/12/21 2,104.32 350794 1/12/21 2,957.55 350795 1/12/21 66.00 350796 1/12/21 10.00 350797 1/12/21 10.00 350798 1/12/21 734.00 350799 1/12/21 9,721.78 350800 1/12/21 692.52 350801 1/12/21 10.00 350802 1/12/21 80.00 350803 1/12/21 10.00 350804 1/12/21 1,560.00 350805 1/12/21 10.00 350806 1/12/21 10.00 350807 1/12/21 80.00 350808 1/12/21 10.00 350809 1/12/21 602.36 350810 1/12/21 10.00 350811 1/12/21 4,953.30 350812 1/12/21 6,885.24 350813 1/12/21 10.00 350814 1/12/21 796.56 350815 1/12/21 10.00 350816 1/12/21 10,846.65 350817 1/12/21 5,860.00 350818 1/12/21 3,989.95 350819 1/12/21 1,539.23 350820 1/12/21 600.00 350821 1/12/21 580.00 350822 1/12/21 180.00 350823 1/12/21 2,939.63 350824 1/12/21 2,290.00 350825 1/12/21 190.00 350826 1/12/21 10.00 350827 1/12/21 73.23 350828 1/12/21 170.73 350829 1/12/21 1,665.00 350830 1/12/21 10.00 350831 1/12/21 80.00 350832 1/12/21 10.00 350833 1/12/21 1,250.00 350834 1/12/21 1,346.34 350835 1/12/21 76.83 350836 1/12/21 10.00 1/3 173 of 185 CALIFORNIAF__ PAYEE IBARRA, AMARIS IBARRA, M IRON MOUNTAIN LASER SAVER INC LIEBERT CASSIDY WHITMORE LOCAL GOVERNMENT PUBLICATIONS LONA, MONICA LOPEZ, ANA LOPEZ, JOSE MATTHEW BENDER & COMP INC MAZZARELLA & MAZZARELLA LLP MCDOUGAL LOVE ECKIS MCGOUGH, JOHN MENDOZA, NOEMI MEZA JIMENEZ, LIUS ALBERTO MMASC MORALES, NATALIA MORENO, SONIA PALMA, ANGELITA PELAEZ VAL, MITCHELL PEREZ, TRINA PEREZ, YOANNA PRECIADO, BEATRICE PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY PTS RAMIREZ, 0 RAMIREZ, 0 RDO EQUIPMENT CO RITUALO, HERBERT RIVAS, NAYELI RMG COMMUNICATIONS ROBERTS, MARK RUIZ, RAMIRO SAN YSIDRO HEALTH SANCHEZ, MAYA SANDOVAL, DORYSEL SANTOS, IRVING SDG&E SESAC INC SHER EDLING LLP SILVER & WRIGHT LLP SISTO, ISMAEL SMART SOURCE OF CALIFORNIA LLC SOLORZANO JR, CARLOS SOUTH BAY COMMUNITY SERVICES -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER # 28 1/12/2021 DESCRIPTION REFUND/MOVIE CANCELLED DUE TO COVID19 TRAINING REIM INV INTR RECORD MANAGEMENT AND STORAGEISEP2020 LASER SAVER FY21 MOP PROFESSIONAL SERVICES/TRAINING ICAO LEGAL PUBLICATION UPDATES / CAO REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 LEGAL PUBLICATION / CAO PROFESSIONAL SERVICES/CAO PROFESSIONAL SERVICES / CAO TRAINING ADV SUB SUPER MCGOGH REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND 2020 VIRTUAL ANNUAL CONFERENCE REGISTRATION REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND MOP 45707 PAINT SUPPLIES / NSD PSG TEMP SVC / NSD UNIFORM CLEANING SERVICE PAYPHONE SERVICES TRAINING SLI 1 / PD TRAINING POST SUB SLI2 / PD 2020 VERMEER TRENCHER / PW PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 RMG COMMUNICATIONS ROBERTS/SEVERANCE AGREEMENT PAYMENT PARKING CITATION REFUND CARES ACT CDBG-CV AGREEMENT REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 PARKING CITATION REFUND GAS AND ELECTRIC UTILITIES / PW MUSIC PERFORMANCE LICENSE PROFESSIONAL SERVICES / CAO PROFESSIONAL SERVICES / CAO PARKING CITATION REFUND SMART SOURCE/BUSINESS CARDS/CAO REFUND/MOVIE CANCELLED DUE TO COVID19 CARES ACT CDBG-CV AGREEMENT CHK NO 350837 350838 350839 350840 350841 350842 350843 350844 350845 350846 350847 350848 350849 350850 350851 350852 350853 350854 350855 350856 350857 350858 350859 350860 350861 350862 350863 350864 350865 350866 350867 350868 350869 350870 350871 350872 350873 350874 350875 350876 350877 350878 350879 350880 350881 350882 350883 DATE 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 1/12/21 AMOUNT 10.00 113.67 777.15 119.52 3,000.00 143.56 10.00 10.00 10.00 238.27 8,563.34 14,430.00 1,560.00 10.00 10.00 75.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 117.36 5,663.00 458.30 78.00 422.70 422.70 14,117.93 140.00 10.00 1,930.00 4,266.40 10.00 28,601.85 10.00 10.00 10.00 72,311.63 1,571.00 14,761.12 3,802.71 10.00 97.83 10.00 7,690.00 2/3 174 of 185 PAYEE STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE FILIPINO PRESS INC THE STAR NEWS THOMSON REUTERS WEST U S BANK US BANK VALENCIA, ALEJANDRO VASQUEZ, SANDRA VELASQUEZ, NATALIA , BRIANNA VERA, MARIA VERIZON WIRELESS VIDEO TRACK LLC VIORA, B WICK, LEANNE WINNEY, A WSP USA INC ZAARATE NIETO, TOMAS PAYROLL Pay period Start Date 1 12/15/2020 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER # 28 1/12/2021 DESCRIPTION OFFICE SUPPLIES / PD WATER BILL FOR FACILITIES FY 2021 FOOD / NUTRITION FILIPINO PRESS 1/2 PAGE, 4C AD FOR DECEMBER ADVERTISING NOTICES FOR FY21 LEGAL PUBLICATION UPDATES / CAO US BANK CARD PAYMENT FY21 CREDIT CARD PAYMENT / FIRE PARKING CITATION REFUND REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 REFUND/MOVIE CANCELLED DUE TO COVID19 VERIZON CELLULAR SERVICES FOR FY21 LIABILITY CLAIM COST EDUCATION REIMBURSEMENT REFUND/MOVIE CANCELLED DUE TO COVID19 EMPLOYEE HALLOWEEN EVENT TREATS FOCUSED GENERAL PLAN UPDATE PARKING CITATION REFUND End Date Check Date 12/28/2020 1 /6/2021 GRAND TOTAL CHK NO DATE AMOUNT 350884 1/12/21 534.02 350885 1/12/21 31,410.98 350886 1/12/21 5,430.36 350887 1/12/21 1,200.00 350888 1/12/21 512.50 350889 1/12/21 2,173.66 350890 1/12/21 3,259.69 350891 1/12/21 308.34 350892 1/12/21 10.00 350893 1/12/21 10.00 350894 1/12/21 10.00 350895 1/12/21 10.00 350896 1/12/21 10.00 350897 1/12/21 9,193.94 350898 1/12/21 3,390.00 350899 1/12/21 420.00 350900 1/12/21 10.00 350901 1/12/21 59.81 350902 1/12/21 24,878.91 350903 1/12/21 50.00 A/P Total 350,374.41 1,120,950.76 $1,471,325.17 3/3 175 of 185 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 16TH OF FEBRUARY, 2021. AYES NAYS ABSENT 176 of 185 The following page(s) contain the backup material for Agenda Item: Warrant Register #29 for the period of 1/13/21 through 1/19/21 in the amount of $714,136.66. (Finance) Please scroll down to view the backup material. 177 of 185 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 16, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #29 for the period of 1/13/21 through 1/19/21 in the amount of $714,136.66. (Finance) 'REPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: 1 M„".v ^— EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 1/13/21 - 1/19/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Bureau Veritas N America 350912 89,296.86 Plan Review Services — Planning ESGIL 350919 171,230.07 Plan Review Services — Planning SD Habitat for Humanity 350940 127,745.30 HOME CHDO Agreement / Housing WSP USA Inc 350967 101,071.68 Planning Related Svc — SB2 Grant FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $714,136.66. APPROVED: 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 $714,136.66. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 29 1toot185 CALIFORNIAF__ PAYEE 24 HOUR ELEVATOR INC ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS ALLSTATE SECURITY SERVICES INC AMANDA SAN MARTIN PHOTOGRAPHY AYDELOTTE, D BENEDEK, E BUREAU VERITAS N AMERICA INC CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY COMMERCIAL AQUATIC SERVICE INC EL LATINO NEWSPAPER ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION EXOS COMMUNITY SERVICES LLC FIRE ETC IRON MOUNTAIN JJJ ENTERPRISES LOCAL GOVERNMENT PUBLICATIONS MAAC PROJECT MUNICIPAL CODE CORPORATION NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC OFFICE SOLUTIONS BUSINESS PACIFIC REFRIGERATION INC PARTS AUTHORITY METRO LLC PE, R PENSKE FORD PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY R & R CONTROLS, INC RED WING BUSINESS SAM'S ALIGNMENT SAN DIEGO HABITAT FOR HUMANITY SAN DIEGO HOUSING FEDERATION SCANNING SERVICE CORPORATION SDG&E SEGAL, M SHRED IT SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE -M'IO-..'`5L law rNCO R P QR AT8D • WARRANT REGISTER # 29 1/19/2021 DESCRIPTION CITY WIDE ELEVATOR SERVICE AND REPAIR HOODED SWEATSHIRT / PW FOOD / NUTRITION COVID 19 CONSUMABLES SECURITY GUARD SERVICE HEADSHOT PHOTOS / ELECTED OFFICIALS TRAINING REIMB SLI / PD REIMBURSEMENT PARADEMIC LICENSE PLAN REVIEW SERVICES - PLANNING CITY WIDE ON -SITE ENERGY EFFICIENT TREATMEN MOP 80331 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRONIC DOOR, LOCK CHEMICALS - CHLORINE, ACID TABLETS ADVERTISING / AUG 2020 ENTERPRISE FLEET LEASE - ENG/PW PLAN REVIEW SERVICES - PLANNING POOL MANAGEMANT FEES- NOVEMBER 2020 CMC PROSERIES ESCAPE LINE / FIRE RECORDS STORAGE FIRE AND SECURITY ALARM MONITORING LOCAL GOVERNMENT PUBLICATIONS CARES ACT CDBG-CV AGREEMENT WITH MAAC ONLINE CODE HOSTING CARWASH SERVICES FOR FLEET FY 2021 CITYWIDE ON -SITE ELECTRICAL MOP 83778. OFFICE SUPPLIES / LIBRARY PROVIDE ON -SITE REPAIRS MOP 75943 AUTO SUPPLIES - PW TRANSPORTATION REIMBURSEMENT - RAY PE R&M CITY VEHICLES FY 2021 MOP 45707 PAINT SUPPLIES / NSD MOP 45742 LAUNDRY SERVICES - PW CITYWIDE ON -SITE ENVIRONMENTAL CONTROL SAFETY BOOTS APPAREL / PW WHEEL ALIGNMENT SERVICE FOR CITY HOME CHDO AGREEMENT / HOUSING SD HOUSING FEDERATION GOVERNMENT AGENCY PERMIT SCANNING - SCANNING SERVICE CORP SAN DIIEGO GAS & ELECTRIC REIMB: SEGAL FOR MEALS / PD SHREDDING SERVICE MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756 TEEN ACCOUNT / CSD MIRROR ARM - PD VEHICLE MOP 45758 GENERAL AUTO SUPPLIES - PW LIGHTING SERVICES / PW CASA DE SALUD COVID CHECK IN SUPPLIES CHK NO 350904 350905 350906 350907 350908 350909 350910 350911 350912 350913 350914 350915 350916 350917 350918 350919 350920 350921 350922 350923 350924 350925 350926 350927 350928 350929 350930 350931 350932 350933 350934 350935 350936 350937 350938 350939 350940 350941 350942 350943 350944 350945 350946 350947 350948 350949 350950 DATE 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 1/19/21 AMOUNT 9,170.60 160.73 2,147.55 2,005.01 272.03 505.00 434.15 225.00 89,296.86 475.00 45.78 2,030.86 1,761.61 280.00 13,404.02 171,230.07 42,450.50 7,318.54 262.25 775.51 143.95 13,810.28 2,629.00 230.00 1,085.00 76.34 682.19 276.46 62.18 285.89 350.66 1,022.17 5,125.00 606.54 158.00 127, 745.30 550.00 4,198.54 1,810.36 84.11 2,141.83 125.65 201.77 1,139.09 66.19 38,067.55 1,020.90 1/2 179 of 185 PAYEE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TERRA BELLA NURSERY INC THE COUNSELING TEAM INTERNATIONAL THE FILIPINO PRESS INC THE STAR NEWS TINOSA INC TRUE CUSTOMS U S BANK UNDERGROUND SERVICE ALERT US BANK US BANK VORTEX INDUSTRIES INC WESTFLEX INDUSTRIAL WETMORES WSP USA INC CALIFORNIA NATIONAL Cfl j ?AICORPQRAT8D WARRANT REGISTER # 29 1/19/2021 DESCRIPTION ASPHALT, TACK 3/8 SHEET FOR FY 2021 WATER BILL - WASTEWATER FY 2021 FOOD / NUTRITION 10- ANEMOPSIS CALIFORNICA / PARKS EMPLOYEE SUPPORT SERVICES ADVERTISING / AUG 2020 STAR NEWS AD#00102081 ADVERTISING SYNTHETIC LUBRICANT -FIRE DEPT TINT FRONT STRIP CREDIT CARD EXPENSES - POLICE UNDERGROUND SERVICE ALERT FY 2021 PARS CONVERSION PLAN/DALLA CREDIT CARD EXPENSES - CSD CITYWIDE ON -SITE SERVICE & REPAIRS MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW PLANNING RELATED SERVICES - SB2 GRANT GRAND TOTAL CHK NO DATE AMOUNT 350951 1/19/21 1,393.86 350952 1/19/21 174.68 350953 1/19/21 5,265.25 350954 1/19/21 1,251.62 350955 1/19/21 750.00 350956 1/19/21 700.00 350957 1/19/21 2,768.95 350958 1/19/21 780.51 350959 1/19/21 160.00 350960 1/19/21 1,276.88 350961 1/19/21 422.44 350962 1/19/21 39,955.84 350963 1/19/21 1,476.26 350964 1/19/21 8,325.70 350965 1/19/21 196.21 350966 1/19/21 220.76 350967 1/19/21 101,071.68 AIP Total 714,136.66 $ 714,136.66 2/2 180 of 185 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 16TH OF FEBRUARY, 2021. AYES NAYS ABSENT 181 of 185 The following page(s) contain the backup material for Agenda Item: Update on COVID-19 Housing Related Programs and Assistance. (Housing Authority) Please scroll down to view the backup material. 182 of 185 Item # 2/16/21 UPDATE ON COVID-19 Housing Related Programs and Assistance (National City Housing Authority) 183 of 185 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 184 of 185 Item # 02/16/21 City Manager Report (City Manager) 185 of 185