National City City Council
February 6, 2024

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting.

Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a C ouncilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.

If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting.

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares de l Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificacio nes electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municip al a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigi rse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

A PARTIR DEL 1 DE ENERO DE 2023

Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pue den solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, February 6, 2024, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. INVOCATION

5. PRESENTATION - STAFF REPORT

5.1 Presentation - Update on Local Emergency Caused by Severe Rainstorm and Flooding
6 Recommendation:

Receive Report and Presentation. Provide Direction to Staff through the City Manager.

6. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

7. PROCLAMATIONS AND RECOGNITION

7.1 Introduction of New City Employees 13

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

9. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

9.2 Approval of City Council Meeting Minutes. 14
Recommendation:

Approve and file.

9.3 Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-

23. 26
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction Phase of the Central Community Mobility Enhancements Project, CIP 19-23, Reimbursable through the State Active Transportation Program Approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.”

9.4 Project Close-Out and Notice of Completion for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19.
33 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Eagle Paving Company, Inc. for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19; 2) Ratifying Change Order Work in the Amount of $15,166.39 and Approving the Final Contract Amount of $2,398,563.39; 3) Ratifying the Release of Retention in the Amount of $119,928.17; and 4) Authorizing the Mayor to Sign the Notice of Completion.”

9.5 Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes Third and Fourth Quarter of 2023.
42 Recommendation:

Receive and file.

9.6 Warrant Register #21 for the period of 11/17/23 through 11/23/23 in the amount of $335,847.62.
56 Recommendation:

Ratify Warrants Totaling $335,847.62

9.7 Warrant Register #22 for the period of 11/24/23 through 11/30/23 in the amount of $5,071,548.14.
61 Recommendation:

Ratify Warrants Totaling $5,071,548.14

9.8 Warrant Register #23 for the period of 12/01/23 through 12/07/23 in the amount of $3,085,699.94.
67 Recommendation:

Ratify Warrants Totaling $3,085,699.94

9.9 Warrant Register #24 for the period of 12/08/23 through 12/14/23 in the amount of $2,634,970.15
74 Recommendation:

Ratify Warrants Totaling $2,634,970.15

10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

10.1 Introduction and First Reading of an Ordinance Amending Section 18.060.10 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.
80 Recommendation:

Introduce the Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Amending Section 18.10.060 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.”

10.2 $1.5 Million HOME, HOME-ARP Loan to Union Tower Project and HUD Substantial Amendment to FY23-24 AAP
88 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California Adopting the U.S Department of Housing and Urban Development (HUD) Substantial Amendment to the 2023-2024 Annual Action Plan and the Allocation of $1,035,092.81 in Home Investment Partnerships Program (HOME) Grant Funds, $170,808.46 in HOME-Community Housing Development Organization (CHDO) Grant Funds, and $294,098.73 in HOME- American Rescue Plan (HOME-ARP) Grant Funds as a Conditional Loan to Union Tower by Wakeland Housing and Development Corporation.”

11. STAFF REPORTS

11.1 Union Tower Project Closing Documents For the Construction and Permanent Financing for the $8M Housing Authority Loan Agreement and Related Documents.
101
Recommendation:

Approve the Resolution, Entitled, “Resolution of the Community Development Commission-Housing Authority of the City of National City, California, (1) Approving the Construction and Permanent Financing Loan Agreement for the Union Tower Project (“Project”), Located at 2312 F Avenue in National City, With the Borrower, Union Tower One LP, a California Limited Partnership; and (2) Authorizing the Executive Director to Execute Project Related Documents.”

11.2 Proposed Amendment to the Local Preference for CDC-HA Assisted Affordable Housing Projects.
231
Recommendation:

Adopt the Resolution Entitled, “Resolution of the Community Development Commission-Housing Authority (CDC-HA) of the City of National City, California, Amending Its Local Preference Policy to Require Any CDC-HA Assisted Housing Projects to Follow the Local Preference Policy and to Further Align With Federal and State Regulations.”

11.3 Fiscal Year 2023 Budget Review 240
Recommendation:

Accept and file this report, and adopt the resolution ratifying budget adjustments as detailed in Exhibit A of this report.

11.4 Reorganization of the City Manager’s Office, Departments, and Divisions 247 Recommendation:

For the purpose of reorganizing the City Manager’s Office, Departments, and Divisions, the City Manager requests authorization to add the following staff positions:

Deputy City Manager (2)•
Assistant Community Development Director•
Finance Director•
City Librarian•
Executive Assistant III (Council Offices of Molina and Bush)• Furthermore, the City Manager requests authorization to vacate the following staff positions:

Assistant City Manager•

Director of Administrative Services•
Housing Director•
Human Resources Director•
Library & Community Services Director•
Planning Manager•
It is anticipated these actions will create a more efficient organization more adept to meet the needs of the community while achieving significant cost savings.

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

13.1 POLICY 105 REQUEST - Consideration of Ordinance Exercising Police Power - Evictions Requested by Councilmember Rodriguez
251

14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, February 20, 2024 - 6:00 p.m. - Council Chambers - National City, California.

AGENDA REPORT

Department: City Manager's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Presentation - Update on Local Emergency Caused by Severe Rainstorm and Flooding

RECOMMENDATION:

Receive Report and Presentation. Provide Direction to Staff through the City Manager.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On Monday, January 22, 2024, residents of San Diego County experienced an event referred to as the 1,000-year storm. Cities around the County experienced rainfall of over three (3) inches in a single 24-hour period, a total that exceeds that of an average wet month and rivals the rainfall needed to spur a 100-year flood.

On Tuesday, January 23, 2024, the Governor of the State of California issued a proclamation of a State of Emergency for San Diego County due to the historic rainfall experienced. The County of San Diego and cities in the region issued similar proclamations.

On Thursday, January 25, 2024, the City Manager, as Emergency Services Director, issued a Proclamation of Local Emergency in response to the impacts of the January 22 nd rain storms, which fell upon the City.

Since the storm, the City has experienced devastating destruction caused by the rains , which resulted in flooding that impacted residences, businesses, and facilities of the City. The City has been providing emergency response services, continued community clean up , damage assessment, and on-going outreach to those affected.

At the time this report was written, the forecast for the next eight (8) days is rain, potentially exacerbating the conditions of extreme peril to the safety of persons and property within National City.

At the City Council Meeting of Tuesday, February 6, 2024 the City Manager and staff will provide an update on the Local Emergency recovery efforts including the status of available resources for those affected.

FINANCIAL STATEMENT:

Unknown at this time.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Resolution adopted January 29, 2024 Ratifying the Proclamation Exhibit B – Attachment to Exhibit A – Proclamation of the Existence of Local Emergency

RESOLUTION NO. 2024 - 06

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY

THE EMERGENCY SERVICES DIRECTOR
WHEREAS, Section 2.48.060 of the NationalCityMunicipalCode empowers the City Manager, as Emergency Services Director,to proclaim the existence,or threatened existence of a Local Emergency when said Cityisaffected,or likelyto be affected,by a‘publiccalamity and the CityCouncil isnot insession subjectto ratificationby the CityCouncil;and WHEREAS, such Proclamation entitlesthe Emergency Services Director,and the emergency organizationof NationalCity,to allthe powers, functions,and dutiesprescribed _ by statelaw,charter,ordinances, and resolutionsof the Cityof NationalCity;and WHEREAS, conditionsof extreme perilto the safetyof persons and propertydid arise withinNational City caused by severe rainstorm and subsequent damage caused by flood commencing on the 22nclday of January, 2024, at which time the City Council was not in session and could not be calledintosession;and
WHEREAS, the Emergency Services Directorof the City of National City issued a Proclamation of Local Emergency withinNationalCityon the 25‘'1day of January, 2024; and WHEREAS, the CityCouncil does hereby findthatthe aforesaidconditionsof extreme perildid warrant and necessitatethe Proclamation of Local Emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the CityCouncil hereby‘ratifiesand confirmsthe Proclamationof Local Emergency forthe Cityof NationalCityissued by the Emergency Services Directoron the 25“1day ofJanuary,2024:

Section 2: That the Cityof Nationalhereby requeststhe Citybe granted financial assistance pursuant to the California Disaster Assistance Act to recover the expenses incurred by the City in responding to the conditionsof localemergency, and that a copy of this Resolution Ratifyingthe Proclamation of a Local Emergency be forwarded to the CaliforniaGovernor'sOfficeof Emergency Services.

Section 3: That the CityClerk shallcertifyto the passage and adoption of this Resolution and enter itintothe book of originalResolutions.

PASSED and ADOPTED this 29"1day of January, 2024.

R n Morrison, Mayor
ATTEST:
6AA ghelleyégapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry JESZZfi/ultz,CityAttorney

Passed and adopted by the CityCouncil of the Cityof NationalCity,California,on January 29, 2024 by the followingvote,to-wit:

Ayes: Bush, Molina, Rodriguez, Yamane, Morrison
Nays: None.

Absent: None.

Abstain: None.

AUTHENTICATED BY: RON MORRISON
Mayor of the Cityof NationalCity.California
Shelley Chapel
CityClerk of the Cityof NationalCity,California
BY: jflvflMQflaW
VS elleyCha(9l’.MMC, CityClerk

CITY OF NATIONAL CITY
Proclamation of LocalEmergency (by Emergency ServicesDirector) WHEREAS, Ordinance No. 1335 of the Cityof NationalCityempowers the Emetgency ServicesDirectorto proclaimthe existenceor threatened existenceof a LocalEmergency when said Cityisaffected,or likelyto be affected,by a publiccalamityand the CityCouncilisnot in session; and
WHEREAS, the Emergency ServicesDirectorof the Cityof NationalCitydoes hereby find thatconditionsof extreme perilto the safetyof persons and propertyhave arisenwithinNational City,caused by severe rainstorm and subsequent damage caused by flood commencing on or about 7:00am. on the 22ndday ofJanuary,2024;and
WHEREAS, the rainstorm was of extreme, unusual and unpredicted severity,dropping over 3 inchesof rainina single24-hour period,a totalthatexceeds thatof an average wet month and rivalsthe rainfallneeded to spur a 100-year flood event; and WHEREAS, alsoon the morning of January 22, 2024, and coincidingwith the acute rain event,a hightidecrestedat 6.56 feet,with thishigh-waterlevelcurtailingthe abilityfor natural drainageintothe San Diego Bay and compounding the rain’snegativeeffects,causingwidespread flooding,pooling,ponding and rainblown water that encroached intofacilities,residences,and businesses and made roads unpassable and dangerous; and WHEREAS, the extreme volume of rain clogged the City’sstorm drain systems and inundated the City’sstreets,impairingthe normal operation of essentialCityinfrastructureand impactingresidences,businessesand facilities;and
WHEREAS, the Emergency ServicesDirectorreceived input and determined that (1) conditionsof extreme perilto the safetyof persons and property had arisenwithinNationalCity caused by the severe storm conditions;and (2)these conditionsrequiredemergency response, with the potentialneed forresourcesbeyond the capacityand controlofthe services,personnel, equipment, and facilitiesof the City;and
WHEREAS, on January 23, 2024, the Governor of the State of Californiaissued a proclamation of a stateof emergency for San Diego and Ventura countiesdue to the historic rainfallexperienced inthese counties;and
WHEREAS, the City Council of the City of National City is not in session and cannot immediately be called into session; and
WHEREAS, thisProclamation of LocalEmergency shallbe submitted to the CityCouncil forratificationpursuant to law.

NOW, THEREFORE, ITISHEREBY PROCLAIMED by the Emergency ServicesDirectorforthe Cityof NationalCitythat a LocalEmergency existsthroughout NationalCityand that saidLocal Emergency shallbe deemed to continue to existuntilitsterminationisproclaimed by the City Council.

IT IS FURTHER PROCLAIMED AND ORDERED that during the existenceof said Local Emergency the powers, functions, and duties of the Emergency Services Director and the emergency organization of National City shall be those prescribed by state law, charter, ordinances,and resolutionsof thisjurisdictionas approved by the CityCouncil.

IT IS FURTHER PROCLAIMED AND ORDERED that the Emergency Services Director, Assistant Emergency Services Director,who shall be appointed by the director are hereby designated as the authorized representativesof the Cityof NationalCityfor the purpose of receipt,processing, and coordination of allinquiriesand requirements necessary to obtain availablestateand federalassistance.

IT IS FURTHER ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Directorof the Governor’s Officeof Emergency Serviceswith a request thatthe StateDirectorfindthe Proclamationof LocalEmergency acceptableinaccordance with provisionsof the Natural DisasterAssistanceAct.

PASSED AND ADOPTED by the Emergency ServicesDirectorfor the Cityof National City, State of California,this 25th day ofJanuary, 2024.

Benjamin A. Martinez
Emergency ServicesDirector(CityManager)

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting of January 16, 2024
Regular City Council Meeting of January 16, 2024

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Special City Council Meeting Minutes of January 16, 2024 Exhibit B – Regular City Council Meeting Minutes of January 16, 2024

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

Present: Councilmember Bush
Councilmember Rodriguez
Councilmember Molina
Vice-Mayor Yamane
Mayor Morrison

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:00 p.m. via teleconference and in the Council Chamber, located in City Ha ll, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Molina, Yamane, Morrison

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Yamane led the Pledge of Allegiance.

4. PUBLIC COMMENT
No public speakers.

5. CLOSED SESSION
Members retired into Closed Session at 4:07 p.m. Bush, Rodriguez, Yamane, Molina, Morrison, Schultz, and Martinez.

All members returned to the Open S ession at 5:57 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina, Morrison, Schultz, and Martinez.

January 16, 2024, 4:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

5.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation
Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, January 16, 2024, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:58 p.m.
__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of February 6, 2024.

__________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL

January 16, 2024, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison

Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Carlos Aguirre, Acting Deputy City Manager/Housing Authority Director
Molly Brennan, Administrative Services Director
Danielle Ghio, Acting City Librarian
Brian Hadley, Building Official/Acting Director of Community Development
Alex Hernandez, Interim Chief of Police
Tonya Hussain, Executive Secretary
Martha Juarez, Asst. Director of Engineering/Public Works Sergio Mora, Fire Chief
Richard Romero, Assistant City Attorney
David Welch, Associate Planner
__________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:15 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.

4. INVOCATION
Delivered by Pastor Carolyn Nichols, Southport Christian Center.

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Three (speakers) provided in-person comments, four (4) people provided virtual comment and (1) written comment was received.

Virtual Comment: Written Comment:

Kelly McCormick Greg Seward
Peggy Walker Coalition for Fair Employment in Construction Becky Rapp
Barbara Gordon
In-Person Comment:

Ted Godshalk
Geoffrey Schrock
Ed Nieto

6. PROCLAMATIONS AND RECOGNITION

6.1 Employee of the Quarter - Matthew Lucas
Fire Chief Sergio Mora introduced the Employee of the Quarter, Fire Captain Matthew Lucas.

6.2 Introduction of New City Employees
Interim Chief of Police Alex Hernandez introduced Police Dispatcher Jesus Rodriguez and acknowledged Police Recruits Karl Tadle and Marc Vargas who were not present and currently attending the Police Academy.

Equipment Maintenance Supervisor Ruben Huerta introduced Equipment Mechanic Erik Fonseca.

7. PRESENTATION (Limited to Five (5) Minutes each)

7.1 Presentation - Earthquake Brace & Bolt – Registration Open Period Fire Chief Mora introduced Management Analyst III Walter Amedee who presented the PowerPoint presentation.

Added agenda item.

Proclamation Recognizing January as National Human Trafficking Prevention Month
Mayor Morrison introduced Bilateral Safety Corridor Coalition Executive Director and Founder Marisa Ugarte who accepted the proclamation.

7.2 Homeless Outreach Mobile Engagement (HOME) Team Update Presentation provided by Neighborhood Services Manager Ronny Soriano and Homelessness Services Coordinator Qiana Williamson.

One (1) public comment was received from Joan Rincon. Two (2) written comments were received from Ted Godshalk and Alan Curry.

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez commented on an upcoming joint mee ting of the Transportation Working Group Committee.

Councilmember Bush provided an update on the San Diego County Air Pollution Control Board.

Councilmember Molina provided an update on the SANDAG Board of Directors Meeting.

Vice-Mayor Yamane informed the Council of communication sent to the City Manager for dissemination to the community.

Mayor Morrison provided an update on the Sweetwater Authority meeting, the water rate discussion, and the Regional Solid Waste Association meeting.

Port of San Diego Commissioner Sandy Naranjo provided a report on the Port via Zoom.

9. CONSENT CALENDAR
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to approve all Consent Calendar Items with the exception of Item 9.4 pulled by Mayor Morrison and Item 9.12 pulled for Public Comment . Councilmember Bush vo ted No on Items 9.6 and 9.7.

Councilmember Bush left the dais at 7:36 p.m. and returned at 7:41 p.m.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.

9.2 Approval of City Council Meeting Minutes.

Written comment received from Ted Godshalk.

Approve and file.

Motion carried by unanimous vote.

9.3 Packard Foundation Funded Stay and Play Grant Acceptance Adopted Resolution No. 2024-01.

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the Packard Foundation Funded Stay and Play Grant in the Amount of $4,500 for FY 2024 and Authorizing the Establishment of a Library Grants Fund Appropriation of $4,500 and Corresponding Revenue Budget.”
Motion carried by unanimous vote.

Item pulled by Mayor Morrison.

9.4 2024 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Number PT24128 in the Amount of $142,000.

Adopted Resolution No. 2024-02.

Councilmember Bush left the dais at 7:44 p.m. and returned at 7:46 p.m.

Interim Police Chief Alex Hernandez addressed comments made by Mayor Morrison.

Written comment received from Ted Godshalk.

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the 2024 Office of Traffic Safety Selective Traffic Enforcement Program Grant in the Amount of $142,000, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $142,000.”
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to adopt the resolution.

Motion carried by unanimous vote.

9.5 Approval of Amendment 12 to Agreement with San Diego County for Nutrition Services.

Adopted Resolution No. 2024-03.

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute Amendment 12 to County Contract 561763 Increasing the Senior Nutrition County Contract by an Amount of

$81,462, Resulting in a New Maximum Agreement Amount of $2,021,068.27, and Extending the Contract to February 29, 2024, and Authorizing an Increase of $81,462 in Appropriations with a Corresponding Revenue Budget.” Motion carried by unanimous vote.

9.6 Tenth Amendment to an Option to Purchase Agreement with CarMax. (Parking Authority)
Adopted Parking Authority Resolution No. 2024-01.

Written comment received from Ted Godshalk.

Adopt the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifyi ng the Tenth Amendment to the Option to Purchase Agreement between the Parking Authority and CarMax Auto Superstores California, LLC, a Virginia Limited Liability Company, Extending the Option Period for 30 days from December 31, 2023, Requiring the Deposi t of the Full Purchase Price of $2.1 Million within 90 days after Exercising the Option to Purchase, and Extending the Permitting Period Six Months from the Deposit of the Purchase Price into Escrow.”
Ayes: Molina, Rodriguez, Yamane, Morrison
Nays: Bush

Motion carried by 4-1 vote.

9.7 Seventeenth Amendment to an Option to Purchase Agreement with the County of San Diego for the Purchase of Open Space Easement (Parking Authority) Adopted Parking Authority Resolution No. 2024-02.

Recommendation: Adopt the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifying the Seventeenth Amendment to the Option to Purchase Agreement with the County of San Diego for the Purchase of an Open -space Easement on a 15.08 acre Parcel of Land at the Southwest Corner of Sweetwater Road and Bonita Center Road that Extends the Term of said Option to Purchase Agreement for 30 Days, Extends the Escrow for Six Months after the Opening of Escrow, and Authorizes Paymen t in the Amount of $1.00 to the County of San Diego as Consideration for Seventeenth Amendment.”
Ayes: Molina, Rodriguez, Yamane, Morrison
Nays: Bush

Motion carried by 4-1 vote.

9.8 Award a Contract to Dick Miller, Inc. for the Eastside I-805 Community Greenbelt Project, CIP No. 22-09.

Adopted Resolution No. 2024-04.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Dick Miller, Inc. in the Not -to-Exceed Amount of $3,155,990.50 for the Eastside I-805 Community Greenbelt Project, CIP No. 22-09; 2) Authorizing a 15% Contingency in the Amount of $473,398.58 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.” Motion carried by unanimous vote.

9.9 Investment transactions for the month ended October 31, 2023.

Accept and file the Investment Transaction Ledger for the month ended October 31, 2023.

Motion carried by unanimous vote.

9.10 Investment transactions for the month ended November 30, 2023.

Accept and file the Investment Transaction Ledger for the month ended November 30, 2023.

Motion carried by unanimous vote.

9.11 Warrant Register #17 for the period of 10/20/23 through 10/26/23 in the amount of $1,251,183.30.

Ratify Warrants Totaling $1,251,183.30
Motion carried by unanimous vote.

Item pulled for public comment.

9.12 Warrant Register #18 for the period of 10/27/23 through 11/2/23 in the amount of $4,005,143.44.

A Speaker’s Slip and written comment were received from Ted Godshalk, who was not present . H is w ritten comment was read into the record by Councilmember Molina.

City Attorney Schultz responded to the public comment and advised that he would research and report back on the details of the payment made to Devaney Pate Morris & Cameron.

Recommendation: Ratify Warrants Totaling $4,005,143.44

ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to ratify Warrant Register #18.

Motion carried by unanimous vote.

9.13 Warrant Register #19 for the period of 11/03/23 through 11/09/23 in the amount of $889,703.01.

Ratify Warrants Totaling $889,703.01
Motion carried by unanimous vote.

9.14 Warrant Register #20 for the period of 11/10/23 through 11/16/23 in the amount of $2,374,931.72.

Ratify Warrants Totaling $2,374,931.72
Motion carried by unanimous vote.

10. PUBLIC HEARING

10.1 Introduction and First Reading of an Ordinance Amending Section 18.060.10 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.

Associate Planner David Welch provided a PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 7:54 p.m.

There was no public comment.

Recommendation: Introduce the Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Amending Section

18.10.060 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.”
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to close the public hearing.

Amended motion by Mayor Morrison, seconded by Councilmember Molina to continue the Public Hearing to the next City Council meeting.

Motion carried by unanimous vote.

Mayor Morrison released the translator at 8:00 p.m.

11. STAFF REPORTS

11.1 National City and Naval Base San Diego Resiliency Study Assistant Director of Engineering/Public Works Martha Juarez introduced the item.

KTUA Senior Active Transportation Engineer Tom Bertulis provided a PowerPoint presentation.

Councilmember Rodriguez left the dais at 8:01 p.m. and returned at 8:03 p.m.

Written comment received from Ted Godshalk.

Recommendation: Accept and file the study.

11.2 Chief of Police Employment Agreement
Adopted Resolution No. 2024-05.

City Manager Ben Martinez introduced Director of Administrative Services Molly Brennan who presented the item.

Two public comments were received from Greg Seward and Ed Nieto.

Recommendation: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing a three -year Employment Agreement between the City of National City and Alejandro Hernandez for the position of Chief of Poli ce with an Annual Base Salary of $246,868.23 Effective January 16, 2024.”
ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to adopt the resolution.

Motion carried by unanimous vote.

12. CITY MANAGER’S REPORT
City Manager Ben Martinez informed the City Council that he would contact them individually to discuss a reorganization plan.

13. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.

14. CITY ATTORNEY REPORT

CLOSED SESSION
City Attorney Schultz reported on one Closed Session item and reported that there was no reportable action.

5.1 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation
Government Code Section 54956.9 (d)(2)
Number of Potential Cases: 1

15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, February 6, 2024, 6:00 p.m., in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 8:40 p.m.
__________________________________
Tonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of February 6, 2024.

________________________________
Ron Morrison, Mayor

AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Acceptance of State Active Transportation Grant Funds for the Construction Phase of the Central Community Mobility Enhancements Project, CIP No. 19-23.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City of National City, California, 1) Authorizing the Establishment of an Appropriation of $1,095,000 and a Corresponding Revenue Budget for the Construction P hase of the Central Community Mobility Enhancements Project , CIP 19 -23, Reimbursable through the State Active T ransportation Program Approved by Caltrans; and 2) Committing to Providing a Local Match in the Amount of $442,000.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Central Community Mobility Enhancements Project, CIP 19-23 will provide approximately 1.7 miles of bicycle facilities providing north -south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see attached exhibits). More specifically, the project alignment runs through M Avenue from 4th Street to 8th Street, turns east on 8th Street to N Avenue, continues on N Avenue from 8th Street to Plaza Blvd., and then shifts onto L Avenue from Plaza Blvd. to 30th Street. Class II and Class III bicycle facilities will be constructed, as well as bicycle boxes at the Plaza Blvd. and 18th Street intersections.

In addition to completing this important segment of the City’s bicycle network, the project will also improve pedestrian access with new sidewalks at specific locations and incorporate traffic calming elements such as curb extensions. Furthermore, the scope includes improvements to pavement conditions to facilitate bicycle use as determined by field evaluations.

The project design is nearing completion and is expected to be finalized in Fall 2024. Construction is anticipated to start in early 2025.

The funding timeline and process was as follows:

In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project.

On January 30, 2019, Caltrans awarded a $1,286,000 State ATP grant for the Central Community Mobility Enhancements Project. On March 26, 2020, Caltrans provided the agreement to the City for execution.

On June 2, 2020, the City Council authorized the Mayor to execute Program Supplement Agreement (PS A) No. U52 with Caltrans for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State ATP; and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget.

On May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate funding for the Plans, Specifications, and Estimate (PS&E) phase, and for the Right-of-Way (R/W) phase.

On October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 PS&E phase and $44,000 R/W phase) with a local match of $22,000 ($16,000 PS&E phase and $6,000 R/W phase).

On April 28, 2023, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction (CON) phase.

On July 14, 2023, Caltrans issued an Authorization Letter allocating $1,095,000 for the Construction phase with a local match of $442,000 (see attached Exhibit B). The Finance Letter from Caltrans followed on September 1, 2023. Therefore, staff recommends, 1) authorizing the establishment of an appropriation of $1,095,000 and a corresponding revenue budget for the Construction phase of the Central Community Mobility Enhancements Project, reimbursable through the State Active Transportation Program approved by Caltrans; and 2) committing to providing a local match in the amount of $442,000.

FINANCIAL STATEMENT:

ATP Grant - $1,095,000
Revenue Account No. 296-06588-3498
Expenditure Account No. 296-409-500-598-6588

Required Local Match - $442,000: Appropriations are available in the Gas Taxes Fund in Expenditure Account No. 109-409-500-598-6035

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Map
Exhibit B – Finance Letter
Exhibit C – Resolution

Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School
Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
Las Palmas
Elementary
School
Kimball
Park
Senior
Housing
Plaza Village
Senior Living
4th Street
8th Street
Plaza Boulevard
16th Street 18th Street 24th Street
30th Street
Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installed
at all signalized intersections
* Refer to Bike Master Plan
Class II - Bike Lane
Install two 6’ Buffered Bicycle Lanes
Class III - Bike Route
Install Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*

PROPOSED IMPROVEMENTS

BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 28 of 251

FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089

DEPARTMENT OF TRANSPORTATION
To: City of National City
Date:

D_CO_RT:

Project No:

Adv. Project Id:

Project End Date:

EA No:
$1,757,000Est Tot Proj Costs:

PRO RATA OR

LUMP SUM
LOCALFINANCE ITEMS PART. COSTTOTAL COST OF
WORK

STATE (ATP) OTHER
/SB1A
$50,000.00 $0.00$7,000.00$43,000.00Agency Preliminary Engineering - PA/ED
$50,000.00
$0.00 $0.00$0.00$0.00Blank $0.00
$120,000.00 $0.00$16,000.00$104,000.00Plans, Specifications & Estimates $120,000.00 $0.00 $0.00$0.00$0.00Blank $0.00
$50,000.00 $0.00$6,000.00$44,000.00Right of Way $50,000.00 $0.00 $0.00$0.00$0.00$0.00
Contract Items: $1,236,000
Contingencies: $124,000
Total: $1,360,000
$1,360,000.00 $0.00$265,000.00$1,095,000.00Construction $1,360,000.00 $177,000.00 $0.00$177,000.00$0.00Agency Construction Engineering $177,000.00 $1,757,000.00 $1,757,000.00 $1,286,000.00 $471,000.00 $0.00Totals:

Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.

Signature:

HQ Local Assistance Area EngineerTitle:

REQ#3: CTC allocated $1,095,000 of ATP State only funds for CONST component, on 06/29/2023 CTC meeting, under PPNO 1360. *Agency is paying for CE and Contingency.
(279) 444-7828
Daniel BuiPrinted Name:

Telephone No:

For questions regarding finance letter, contact:

Remarks:
____ ___________

FINANCE LETTER
09/01/2023
11-SD-0-NATC
ATPSB1L-5066(048)
1120000089

DEPARTMENT OF TRANSPORTATION
To: City of National City
Date:

D_CO_RT:

Project No:

Adv. Project Id:

Project End Date:

EA No:
$1,757,000Est Tot Proj Costs:

ADV. PROJECT ID APPROP.

UNIT STATE PROG. FED/ STATE ENCUMBRANCE
AMOUNT
APPROP
YEAR

EXPENDITURE
AMOUNT

ENCUMBRANCE

BALANCE

REVERSION
DATE*

APPROVED
AMOUNT

EXPIRATION
DATE
Cooperative Work AgreementACCOUNTING INFORMATION ATPSB1L-5066(048) 1120000089 22102 2030720100 $1,095,000.00 2122 $0.00 $1,095,000.00 06/30/2027 1120000089 22108 2030720100 $148,000.00 2122 $0.00 $148,000.00 06/30/2027 1120000089 19108 2030720100 $43,000.00 1819 $2,934.75 $40,065.25 06/30/2024 *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time for Accounting and SCO year-end closing procedures.
*Please refer to the applicable CTC Guidelines for Timely Use of Funds (TUF) Provisions. Also refer to your allocation notification letter(s) for allocation-specific TUF deadlines.

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $1,095,000 AND A

CORRESPONDING REVENUE BUDGET FOR THE CONSTRUCTION PHASE OF THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19 -23,

REIMBURSABLE THROUGH THE STATE ACTIVE TRANSPORTATION PR OGRAM APPROVED BY CALTRANS; AND 2) COMMITTING TO PROVIDING A LOCAL MATCH IN THE AMOUNT OF $442,000.

WHEREAS, the Central Community Mobility Enhancements Project, CIP 19 -23, will provide approximately 1.7 miles of bicycle facilities providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (the “Project”); and

WHEREAS, the Project design is nearing completion and is expected to be finalized in Fall 2024, with construction anticipated to start in early 2025; and

WHEREAS, in July 2018, staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Project; and WHEREAS, on January 30, 2019, Caltrans awarded a $1,286,000 ATP grant to the City of National City (“City”) for the Project; and
WHEREAS, the $ 1,286,000 award was distributed by Project phases, including Agency Preliminary Engineer ing (“PA/ED”) - $43,000, Plans, Specifications, and Estimate (“PS&E”) - $104,000, Right-of-Way (“R/W”) – 44,000, and Construction - $1,095,000; and WHEREAS, on June 2, 2020, the City Council adopted Resolution No. 2020 -99 authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. U52 with Caltrans for the Project to allow for reimbursement of up to $43,000 in eligible Project expenditures through the ATP grant; and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget; and
WHEREAS, on May 12, 2022, the City submitted an allocation request to Caltrans requesting to allocate funding for the PS&E phase and R/W phase; and WHEREAS, on October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 PS&E ph ase and $44,000 R/W phase) with a local match of $22,000 ($16,000 PS&E phase and $6,000 R/W phase); and
WHEREAS, on April 28, 2023, the City submitted an allocation request to Caltrans requesting to allocate funding for the Construction phase; and WHEREAS, on July 14, 2023, Caltrans issued an Authorization Letter allocating $1,095,000 for the Construction phase with a local match of $442,000; and WHEREAS, City staff recommends City Council adopt this Resolution authorizing the establishment of an appropriation and corresponding revenue budget to allow for reimbursement of up to $1,095,000 in eligible Project expenditures through the ATP grant and committing to a local match of $442,000.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the establishment of an appropriation of $1,095,000 and a corresponding revenue budget for the Construction phase of the Central Community Mobility Enhancements Project, CIP 19-23, reimbursable through the State Active Transportation Program approved by Caltrans.

Section 2: That the City Council hereby a uthorizes the commitment to a local match in the amount of $442,000 utilizing available resources in the Gas Taxes Fund.

Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 6th day of February, 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Project Close-Out and Notice of Completion for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Eagl e Paving Company, Inc. for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19; 2) Ratifying Change Order Work in the Amount of $15,166.39 and Approving the Final Contract Amount of $2,398,563.39; 3) Ratifying the Release of Retention in t he Amount of $119,928.17; and 4) A uthorizing the Mayor to Sign the Notice of Completion.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On November 17, 2020, the City Council authorized an agreement with Bucknam Infrastructure Group (Bucknam), to prepare the Pavement Management Program (PMP) and to perform street sign inventory. As part of the PMP, Bucknam conducted a pavement condition survey of all City streets to identify the most cost -effective strategies to fund Capital Improvement Program (CIP) projects to maintain and repair existing City streets. Based on the findings from the PMP, staff prioritized the following City streets to be resurfaced:

 National City Boulevard from 16th Street to 33rd Street  E. Plaza Boulevard from D Avenue to N Avenue
 E. 16th Street between D Avenue and Highland Avenue
 Mann Avenue from Beta Street to Alpha Street
 Driveway for Fire Squad Station 33 (northeast side of 4th and U Avenue)  Roosevelt Avenue from 8th Street to 15th Street

On March 24, 2022, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On March 28, 202 2, and March 31, 202 2, the bid solicitation was advertised in local newspapers.

On April 14, 2022, five (5) bids were received by the 2:00 p.m. deadline. Eagle Paving Company, Inc., was the apparent lowest bidder with a total bid amount of $2,072,519. Upon a review of all documents submitted, Eagle Paving Company, Inc.’s, bid was deemed responsive and the lowest responsible bidder qualified to perform the work as described in the project specifications.

On May 17, 2022, the City Council awarded the contract to Eagle Paving Company, Inc. in the amount not to exceed $2,072,519 and authorized a 15% contingency in the amount of $310,878 to address any unforeseen conditions that may arise.

The Notice to Proceed with construction was issued on November 3, 2022. Construction started on November 21, 2022, and was completed on October 13, 2023.

In order to replace traffic loops impacted by street repaving and enhance signal operations at the intersection of 16th Street and D Avenue adjacent to Fire Station 34 , the City issued change orders #12, 13, and 15. Work performed included the installation of 22 new traffic loop detectors, 5 DLCs, approximately 30 LF of new conduit , and tie-in to the existing traffic controller. By completing this work as part of the contract, the City was able to take advantage of competitive pricing. This additional work contributed to an increase in the contract with Eagle Paving Company, Inc. of $15,166.39 above the originally authorized 15% contingency.

The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders i ncreased the contract by $326,044.39, which results in a 15.3% increase to the original contract award, for a final contract balance of $2,398,563,39.

As a result of satisfactory completion of the project, staff recommends the following City Council actions: 1) accept the work performed by Eagle Paving Company, Inc. for the National City Street Resurfacing Project FY 21/22 , CIP No. 22 -19; 2) ratify change order work in the amount of $15,166.39 and approve the final contract amount of $2,398,563.39; 3) ratify the release of retention in the amount of $119,928.17; and 4) authorize the Mayor to sign the Notice of Completion, which will be filed with the San Diego County Recorder’s Office.

FINANCIAL STATEMENT:

This project was funded from the Gas Taxes fund, using Expenditure Account No. 109-409-500- 598-6035

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

This is a project under CE QA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Location Map
Exhibit B – Final Contract Balance
Exhibit C - Notice of Completion
Exhibit D - Resolution

FINAL CONTRACT BALANCE

DATE: January 9, 2024
PROJECT: National City Street Resurfacing FY 21/22
CIP No. 22-19

TO: Eagle Paving Company, Inc.
13915 Danielson Street
Poway, CA 92064

ORIGINAL CONTRACT AMOUNT: $2,072,519.00
START DATE: NOVEMBER 21, 2022
COMPLETION DATE: OCTOBER 13, 2023
ORIGINAL CONTRACT LENGTH: 110 Working Days
EXTENSION OF WORK DAYS: 24 Working Days
TOTAL CONTRACT TIME: 134 Working Days
FINAL CONTRACT AMOUNT: $2,398,563.39

DESCRIPTION:

The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount.

CHANGE ORDERS AND LINE ITEM ADJUSTMENTS:

Change Order #1 temporarily placed class II base to protect the unforeseen SDG&E encasement located on E. Plaza Blvd. This Change Order total amount is $5,021.29.

Change Order #2 replaced four damaged utility boxes identified within the project limits on E. Plaza Blvd. The total amount of this change order is $1,627.50.

Change Order #3 removed existing asphalt and class II base to a depth of 12” for an approximate 800 SF in order to install the new concrete bus pad on the south side of E. Plaza Blvd. This Change Order total amount is $10,090.65.

Change Order #4 removed an additional 3” of subgrade for approximately 800 SF to install the new concrete bus pad on the north side of E. Plaza Blvd. This Change Order total amount is $4,266.49.

Change Order #5 installed 3” of ¾” B3 asphalt mix over the approximate 1600 SF of bus pads installed along E. Plaza Blvd. This Change Order total amount is $9,915.22.

Change Order # 6 did not proceed with executing this change order . This Change Order total amount is $0.00.

FINAL CONTRACT BALANCE
National City Street Resurfacing FY 21/22
CIP No. 22-19

Change Order #7 removed additional asphalt along the eastern edge of Roosevelt Ave to correct an existing issue with the elevation of the finished surface adjacent to the curb and gutter. The additional removal was approximately 5’ from the eastern edge to a depth of 6”. This Change Order total amount is $15,591.49.

Change Order #8 installed two flashing message boards at the limits of work on National City Blvd for additional public information on paving operations. This Change Order total amount is $2,310.00.

Change Order #9 installed additional traffic controls along E. Plaza Blvd to install additional ped ramps at the intersection of L Ave. This Change Order total amount is $3,774.75.

Change Order #10 removed and replaced existing checkered crosswalks on National City Blvd and removed and replaced existing crosswalks with continental crosswalks on E. Plaza Blvd. This included the installation of 8 thermoplastic checkered crosswalks on National City Blvd and 2 continental crosswalks on E. Plaza Blvd. This Change Order total amount is $95,842.16.

Change Order #11 adjusted eight existing survey monuments on Roosevelt Ave. As the scope of work for Roosevelt Ave was revised on change order #7, this change order provided additional costs to raise the elevation of the existing survey monuments to match the finished surface of the grind and overlay. This Change Order total amount is $6,894.67.

Change Order #12 installed 22 additional traffic loops at the intersection of 16th St and D Ave. This work was performed as part of the scope of a future intersection improvement project. This Change Order total amount is $14,070.00.

Change Order #13 connected the newly installed traffic loop detectors to the existing traffic control system at the intersection of 16th St and D Ave. This change in the scope of work connected the 7 installed traffic loop detectors to the existing traffic control system. This Change Order total amount is $10,314.92.

Change Order #14 provided line item adjustments for the bid quantities on various line items throughout the project. Mann Ave required additional paving as a result of digouts and corrections to the concrete quantities to be ADA compliant. E. Plaza Blvd required additional asphalt digouts due to extensive subgrade failures. The El Toyon Fire Station 33 required increased quantities of concrete and asphalt for the increased SF of concrete driveway and asphalt parking. National City Blvd required additional asphalt paving to extend over the crosswalks on crossing streets and to repair adjacent sidewalk panels along the Street. 16th Street required additional paving to rehabilitate crosswalks on crossing streets. The scope of work was revised on Roosevelt Ave to perform a grind and overlay, which resulted in net savings on this Street. This Change Order total amount is $138,679.55.

Change Order #15 connected the additional traffic loops installed via Change Order #12 to the existing traffic control system. This change in the scope of work included installing 5 DLCs and 30 LF of conduit and replacing sidewalk panels at the intersection of 16th St and D Ave. This Change Order total amount is $7,645.70.

All Change Orders listed above increased the total contract amount $326,044.39.

FINAL CONTRACT BALANCE
National City Street Resurfacing FY 21/22
CIP No. 22-19

Contingency exceeded by providing additional asphalt paving, general surface improvements and overall pedestrian improvements, drainage and striping within project limits. This additional work throughout the project exceeded the project’s contingency by $15,166.39.

Original Contract Amount: $2,072,519.00
Change Order Total: $326,044.39
New Contract Amount: $2,398,563.39
Line-Item Adjustments: $0.00
Final Contract Balance: $2,398,563.39
Original Contract Amount + Contingency: $2,383,397.00
Amount Exceeded: ($15,166.39)

CONTRACT ADJUSTMENT:

As a result of the above change orders and line item adjustments, the contract price is adjusted as follows:

1. The final contract price is adjusted to $2,398,563.39

2. A retention in the amount of $119,928.17 was held until satisfactory completion of said project.

This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, p rofit, overhead, and all incidentals for performing the work described above. Eagle Paving Company, Inc. will not be entitled to damages or additional payment for delays as described in the 201 8 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above.

RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:

NAME: CITY OF NATIONAL CITY
ADDRESS: 243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950

NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093

NOTICE IS HEREBY GIVEN of the completion on October 13, 2023 of the:

National City Street Resurfacing Project FY 21/22, CIP No. 22-19 Work of improvement or portion of work of improvement under construction or alteration.

National City Blvd, Mann Ave, E. Plaza Blvd, E. 16th St, Fire Station 33 Street Address City State Zip Code

The undersigned owns the following interest or estate in said property:

Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.)

Said work of improvement was performed on the property pursuant to a contract with Eagle Paving Company, Inc.

Name of Original Contractor

The following work and material were supplied:

Labor provided : General laborer. Materials: Concrete, asphalt, traffic striping , traffic loop detectors. Equipment: Paving equipment.

General statement of kind of labor, services, equipment or materials

The names and addresses of co-owners are: N/A

Joint tenants, tenants in common, or other owners

Dated: February 6, 2024; ______________________________________________ Signature of Owner
City of National City, 1243 National City Blvd., National City, CA 91950

I, the undersigned, say: I have read the foregoing Notice of C ompletion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct.

Executed on February 6, 2024 at, National City, California.

Signature: ______________________________
RON MORRISON, MAYOR Noc09-05

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) ACCEPTING THE WORK P ERFORMED BY EAGLE PA VING COMPANY, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT FY 21/22, CIP NO. 22-19; 2) RATIFYING CHANGE ORDER WORK IN THE AM OUNT OF $15,166.39 A ND APPROVING THE FIN AL CONTRACT AMOUNT OF $2,398,563.39; 3) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $119,928.17; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION.

WHEREAS, on November 17, 2020, the City Council authorized an agreement with Bucknam Infrastructure Group (Bucknam), for the Pavement Management Program (PMP) and to perform street sign inventory; and
WHEREAS, as part of the PMP, Bucknam conducted a pavement condition survey of all City streets in order to identify the most cost -effective strategies to fund Capital Improvement Program (CIP) projects to maintain and repair existing City streets; and WHEREAS, based on the findings from the PMP, staff prioritized the following City streets to be resurfaced: National City Boulevard from 16th Street to 33rd Street; E. Plaza Boulevard from D Avenue to N Avenue; E. 16th Street between D Avenue and Highland Avenue; Mann Avenue from Beta Street to Alpha Street; Driveway for Fire Squad Station 33 (northeast side of 4th and U Avenue); Roosevelt Avenue from 8th Street to 15th Street; and WHEREAS, on March 24, 2022, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors; and
WHEREAS, on March 28th and March 31 st, 2021, the bid solicitation was advertised in local newspapers; and
WHEREAS, on April 14, 2022, five (5) bids were received by the 2:00 p.m. deadline; and WHEREAS, upon a review of all documents submitted, Eagle Paving Company, Inc.’s bid in the amount of $2,072,519 was deemed responsive and the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, on May 17, 2022, City Council awarded the contract to Eagle Paving Company, Inc. in the amount not to exceed $2,072,519 and authorized a 15% contingency in the amount of $310,878 to address any unforeseen conditions that may arise; and WHEREAS, on November 3, 2022, the Notice to Proceed with construction was issued to Eagle Paving Company, Inc.; and
WHEREAS, construction on the project started on November 21, 2022 and was completed on October 13, 2023; and
WHEREAS, in order to replace traffic loops impacted by street repaving and enhance signal operations at the intersection of 16th Street and D Avenue adjacent to Fire Station 34, the City issued change orders #12, 13, and 15; and

WHEREAS, this additional work contributed to an increase in the contract with Eagle Paving Company, Inc. of $15,166.39 above the originally authorized 15% contingency; and WHEREAS, the change orders issued for this project are detailed in the Final Contract Balance Report; and
WHEREAS, the change orders increased the contract by $326,044.39, which results in a

15.3% increase to the original contract award, for a final contract balance of $2,398,563,39; and WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s Office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby accepts the work performed by Eagle Paving Company, Inc. for the National City Street Resurfacing Project FY 21/22, CIP No. 22-19.

Section 2: That the City Council hereby ratifies change order work in the amount of $15,166.39 and approves the final contract amount of $2,398,563.39.

Section 3: That the City Council hereby ratifies the release of retention in the amount of $119,928.17.

Section 4: That the City Council hereby authorizes the Mayor to sign the Notice of Completion.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 6th day of February, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC
Meeting Date: Tuesday, January 16, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes Third and Fourth Quarter of 2023.

RECOMMENDATION:

Receive and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On November 16, 2021, the City Council adopted u pdates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members. This report of attendance is prepared in February and August prior to the end of term rotation and expirations. The attendance is evaluated as follows:

1. A Commissioner or Member of a BCC with unexcused absences from three (3) consecutive regularly scheduled meetings.

2. A Commissioner or Member of a BCC misses more than 25% of the advisory body’s meetings in a calendar year.

3. A Commissioner or Member of a BCC must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Excused Absences are considered under certain circumstances.

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Attendance Report
Exhibit B – City Council Policy No. 107

Exhibit A

SUMMARY OF BCC ATTENDANCE
Third and Fourth Quarter (July - December) Calendar Year 2023 Totals

EXPLANATION
On November 16, 2021, the City Council adopted Updates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members.

Attendance is evaluated as follows:

1. A Commissioner or Member of a BCC with unexcused absences from three consecutive regularly scheduled meetings.

2. A Commissioner or Member of a B CC m isses more than 25% of the advisory body’s meetings in a calendar year.

3. A Commissioner or Member of a BCC must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Excused Absences are considered under certain circumstances.

Board of Library Trustees consists of five (5) members, and one (1) alternate . Their meetings are held the First Wednesday of every month at 5:30 p.m. in the Large Conference Room at City Hall.

Third and Fourth Quarter of 2023 the Board scheduled a total of seven (7) meetings, two (2) meetings were cancelled due to a lack of agenda items.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Margaret Godshalk - President 5 0 Completed
H. Bradley Bang, Secretary 5 0 Completed
Cindy Lopez 4 1 Completed
Jake Zindulka (appointed 9/5/23) 1 1 Completed
Jissan Ravanilla (appointed 9/5/23) 1 1 Completed
Patricia McGhee (Alternate) (appointed
9/5/23)
2 0 Completed

Civil Service Commission consists of five (5) members. Their meetings are held the Second Wednesday of every other month at 5:30 p.m. in the Large Conference Room at City Hall.

Third and Fourth Quarter of 2023 the Commission scheduled a total of four (4) meetings, with one (1) of those being a Special Meeting.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Paul Wapnowski, Chair 2 2 Completed
Rafael Courtney, Vice-Chair 4 0 Completed
Leslie Coyote 3 1 Completed
Thomas Luna 2 2 Completed
Sean Sampsell (Appointed 4/18/23) 4 0 Completed

Exhibit A

Community & Police Relations Committee consists of eight (8) members with one (1) being a staff member . Their meetings are held the Third Thursday of February, May, August and November at 6:00 p.m. in the Council Chamber at City Hall.

Third and Fourth Quarter of 2023 the Committee scheduled a total of two (2) meetings, one (1) of which was convened and then cancelled due to lack of a quorum.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Michael Lesley, Chair 2 0 Completed
Daniel Orth, Vice Chair 2 0 Completed
Zachary Francisco-Gomez 1 1 Completed
Andy Y. Sanchez 1 1 Completed
Darin Dorsey 2 0 Completed
Jacqueline Ellis 1 1 Completed
William Phillips 1 1 Completed

Housing Advisory Committee consists of nine (9) members of the Planning Commission and two (2) additional members. Their meetings are held the Third Monday of every month at 6:00 p.m. in the Council Chamber at City Hall.

Third and Fourth Quarter of 2023 the Committee scheduled a total of three (3) meetings, two (2) meetings were cancelled due to a lack of agenda items.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Richard Martin Miller, Chair 1 0 Completed
Randi Marie Castle, Vice Chair 1 0 Completed
Ricardo Sanchez 1 0 Completed
Claudia E. Valenzuela 1 0 Completed
William J. Sendt 1 0 Completed
Mayra A. Valdez 1 0 Completed
Pearl Quinones 1 0 Completed
Liliana Armenta 1 0 Completed
Denise Kosterlistzky 0 1 Completed

Planning Commission consists of seven (7) members. Their meetings are held the First and Third Monday of every month at 6:00 p.m. in the Council Chamber at City Hall.

Third and Fourth Quarter of 2023 the Commission scheduled a total of ten (10) meetings, four (4) meetings were cancelled due to a lack of agenda items.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Richard Martin Miller, Chair 6 0 Completed
Randi Marie Castle, Vice Chair 6 0 Completed
Ricardo Sanchez 4 2 Completed
Claudia E. Valenzuela 5 1 Completed
William J. Sendt 5 1 Completed
Pearl Quinones 6 0 Completed
Liliana Armenta 6 0 Completed

Exhibit A
Park, Recreation & Senior Citizens Advisory Committee consists of seven (7) members (currently one vacancy). Their meetings are held the Third Thursday of every month at 4:00 p.m. in the Large Conference Room at City Hall.

Third and Fourth Quarter of 2023 the Committee scheduled five (5) meetings, one (1) meeting was convened and then adjourned due to lack of a quorum, and one (1) meeting was canceled prior to commencement due to a lack of a quorum.

All members were found to be in compliance with attendance and training requirements with the exception of one as described below.

NOTE: Ignacio Navarro Jr. failed to attend any of the meetings within the Third and Fourth quarter.

In addition, staff noted on the First and Second Quarter reports that he was absent at all five (5) scheduled meetings. Mr. Navarro was reappointed on March 7, 2023, and has not attended a meeting. Per City Council Policy #107 Appointments to BCCs, Section D, (14) Resignations, Attendance, Training, and Removals states that attendance is required and if a member has more than three (3) Consecutive Regularly Schedule Meetings or misses more than 25% of the BCC meetings in a calendar year.

Staff Recommendation: As these absences fall within these guidelines, the City Clerk is recommending the City Council consider the removal of this member due to absence. One meeting was canceled due to a lack of quorum, these absences had an immediate effect on the BCC and its members. City Council to direct staff to bring a report back to Council at the next meeting for consideration of removal of the member.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of Mandatory
Training
Nora McMains, Chair 4 0 Pending Completion
Jennelyn de Mesa Luna 3 1 Completed
Joseph Crawford 4 0 Completed
Reuben Felizardo 4 0 Completed
Ignacio Navarro Jr. 0 4 Two Overdue
Alexander Fernandez 2 2 Completed

Public Art Committee consists of five (5) members and one (1) alternate. Their meetings are held the Fourth Tuesday of January, April, July and October at 3:00 p.m. in the Large Conference Room in City Hall.

Third and Fourth Quarter of 2023 the Committee scheduled a total of two (2) meetings.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
William A. Virchis, Chair 0 2 Completed
Ryan Johnson 2 0 Completed
Jose A Lopez 2 0 Completed
Charles Reilly 2 0 Completed
Jacqueline Schliapnik 2 0 Completed
Catrina Bush (Alternate) 1 1 Completed

Exhibit A
Traffic Safety Committee consists of five (5) members. Their meetings are held the Second Wednesday of every month at 1:00 p.m. in the Large Conference Room in City Hall. All members are found in compliance for attendance and training.

Third and Fourth Quarter of 2023 the Committee scheduled a total of six (6) meetings, four (4) meetings were cancelled due to a lack of agenda items.

All members were found to be in compliance with attendance and training requirements.

Members: Third & Fourth
Quarter Present
Third & Fourth
Quarter Absent
Status of
Mandatory Training
Marisa Rosales 2 0 Completed
Kelly Piper 1 1 Completed
Christopher Coyote 1 1 One Overdue
Cynthia Fuller Quinonez 2 0 Completed
Rafael Cotero (appointed 9/5/23) 1 0 Completed

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

PURPOSE

To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies:

Mayor’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee

City Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission

POLICY

Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve.

B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants.

C. Vacancies. When vacancies occur, the following procedure shall be followed:

1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website.

Unscheduled vacancy. An unscheduled vacancy shall be filled according to

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.

The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.

Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appoint ment c ould occur at the time of the unscheduled vacancy in accordance with the procedure set out above.

3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission

The City Council fills vacancies on these bodies.

D.

Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:

1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and C ommittees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website.

2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City , on the City ’s website, City Hall Bulletin Boards, and City social media platforms.

3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position.

4. Applications. Applications shall be available on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. During the one-year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering.

5. A member may only serve on one (1) Board, Commission, or Committee at a time.

If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur pe r policy.

6. Interviews:

a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.

b. City Council Appointments: Interviews for the four (4 ) Civil Service Commission, Planning Commission, Housing Advisory Committee , and Port Commission who serve at the City Council’s pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below.

7. Mayoral Appointments:

The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.

8. For City Council Appointments, the Interview Process is as follows:

a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council.

b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council.

c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.

d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.

e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting.

9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk.

Each Councilmember shall print and sign their name
on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. Th e Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verb al roll call. The applicant with the most votes is appointed.

In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.

10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority.

11. Report to Council:

All applications received for vacancies , whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosi ng that information.

12. An automatic vacancy upon becoming a Non- Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:

a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

b. The Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

However, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

13. Only City Residents may be elected to Chair and Vice- Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee , or Commission, the member must be a resident of the City.

14. Resignations, Attendance, Training, and Removals

Resignation:

If a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council.

Attendance:

Regular attendance at meetings is critical to be effective operation of City Boards, Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards , Commissions, and Committees, and to be prepared to discuss matters on their respective agendas.

A Commissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions:

1. A Commissioner or Member of a Board, Committ ee, or Commission with unexcused absences from three consecutive regularly scheduled meetings.

2. A Commissioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Excused Absences:

An “excused absence” is only granted when absolutely necessar y and pre - approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public. The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes.

Excused absences are listed as follows:

1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend;

2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting;

3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or

4. Other reason for which the Commissioner or M ember of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days.

Removal:

The Secretary or Lead of each Board , Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines , the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission. Any Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause.

Mandatory Training and Filing Requirements:

Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.

1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)

2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

All training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, t hese are all requirements of the Mayor and City Council, and City staff.

Removal:

Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.

Related Policy References
Government Code S ection 40605
Government Code Section 54970, et seq.

Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235 (b)
California Government Code Section 871 00 et seq
National City Municipal Code Title 16 (pending)

Prior Policy Amendments:

February 2, 2021 (Resolution No. 2021- 08)
May 19, 2020 (Resolution No. 2020- 95)
November 9, 1993 (Resolution No. 93-173)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
May 19, 2020 (Resolution No. 2020-20)

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Senior Accounting Assistant Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A Martinez, City Manager

SUBJECT:

Warrant Register #21 for the period of 11/17/23 through 11/23/23 in the amount of $335,847.62.

RECOMMENDATION:

Ratify Warrants Totaling $335,847.62

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 11/17/23 – 11/23/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check Amount Explanation
SDG&E 366177 $91,460.56 Gas and Electric for Facilities FY24

FINANCIAL STATEMENT:

Warrant total $335,847.62

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A - Warrant Register No. 21

PAYEE DESCRIPTION CHK NO DATE AMOUNT
City Manager Office
DEVANEY PATE MORRIS & CAMERON LEGAL SERVICE - PORT OF SAN DIEGO 3 66144 11/22/23 1,425.00 GARCIA REIMBURSEMENT FOR CULTURE CLUB COFFEE - 366148 11/22/23 261 .20 Total for Department 1,686.20
Fire
ACE UNIFORMS & ACCESSORIES INC UNIFORMS, JACKETS, PATCHES 366123 11/22/23 2,746.27 AMEDEE MILEAGE AND PARKING REIMBURSEMT 366127 11/22/23 26.38 AT & T INC MONTHLY PHONE SERVICES TO RECEIVE/FIRE 366129 11/22/23 758.72 ESGIL LLC PLAN CHECKS FOR FIRE, FY23-24 366147 11/22/23 975.00 MONTANO REIMBURSEMNT, HECTOR MONTANO/FIRE 366159 11/22/23 1,500.00 WHITE REIMBURSMNT, EMT-P EXPENSES, M WHITE 366198 11/22/23 250.00 Total for Department 6,256.37
Engineering / PW's
APS LIGHTING & SAFETY PRODUCTS MOP 87645 AUTO LIGHTING SUPPLIES FY24-PW 366128 11/22/23 172.44 CUSTOM TRUCK BODY & EQUIPMENT AUTO PARTS FY24-PW/EQM 366140 11/22 /23 3,253.97 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FY24-PW/EQM 366141 11/2 2/23 8,360.00 DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL REPAIR FY24-PW/STRE ETS 366142 11/22/23 2,505.94 DEPT OF INDUSTRIAL RELATIONS ELEVATOR INSPECTIONS FY24-PW/FACILI TIES 366143 11/22/23 675.00 GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACI 366150 11/22/23 1,304.10 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT FY24-PW/EQM 3 66151 11/22/23 154.07 HOME DEPOT CREDIT SERVICES BUILDING SUPPLIES FY24-PW/FACILITIES 3 66152 11/22/23 3,438.73 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24- 366154 1 1/22/23 1,836.65 MAINTEX INC MISC JANITORIAL SUPPLIES FY24-PW/FACILIT 366156 11/22 /23 472.71 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 366157 11/2 2/23 368.85 MUNICIPAL MAINTENANCE EQUIP STREET SWEEPER PARTS FY24-PW/EQM 3661 60 11/22/23 1,153.57 NATIONAL CITY CAR WASH CAR WASH SERVICES FOR FLEET FY24 366161 11 /22/23 1,630.67 NATIONAL CITY TROPHY MOP 66556 WALL NAME PLATE FY24-PW/FACILI 366 162 11/22/23 23.76 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM 366164 11 /22/23 489.27 PACIFIC AUTO REPAIR SMOG CERTIFICATION / REPAIRS FY24-PW/EQM 3661 65 11/22/23 715.00 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366166 11/22/23 316.90 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366167 11/22/23 30.44 PERRY FORD-NATIONAL CITY LLC AUTO PARTS FY24-PW/EQM 366168 11/22/ 23 1,899.48 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO BATTERIES FY24-PW/EQM 3 66169 11/22/23 1,468.73 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 366170 11/22/23 2,476.44 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES - PW'S 366171 11/22/23 676.91 RED WING BUSINESS WORK BOOTS FOR MANUEL AGUIRRE FY24-PW/ST 366172 11/22/23 200.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS FY24-PW/FACI LITI 366176 11/22/23 1,319.56 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY24 366177 11/22/23 91, 460.56 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 366180 11/2 2/23 183.80 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY24-P W/PAR 366181 11/22/23 127.84 SOUTHERN CALIF TRUCK STOP MOP 45758 PROPANE FY24-PW/EQM 366183 11 /22/23 142.67 SOUTHWEST SIGNAL SERVICE INTERSECTION MAINTENANCE FOR STREETS FY 2 366184 11/22/23 25,273.60 WARRANT REGISTER # 21
11/23/2023
1/4Page 57 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 21
11/23/2023
STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24-PW/ENG 366185 11/22/23 210.09 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY24 SEPT- 366 187 11/22/23 383.16 TURF STAR INC LAWN MOWER PARTS FY24-PW/PARKS 366192 11/22/23 284.2 2 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 INDUSTRIAL SUPPLIES FY24 -PW/FA 366193 11/22/23 188.30 WAXIE SANITARY SUPPLY MISC JANITORIAL SUPPLIES FY24-PW/FACILIT 36 6195 11/22/23 2,765.77 WEST COAST ARBORISTS CITY WIDE TREE TRIMMING SERVICES FY24-PW 366 196 11/22/23 25,837.70 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/EQM 366197 11/22/23 967.2 1 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES FY24-PW/FA CI 366199 11/22/23 297.72 CANON SOLUTIONS AMERICA INC. EQUIPMNT BASE CHARGE- PLOTTER/SCANN ER-EN 366131 11/22/23 91.88 CHEN RYAN ASSOCIATES INC CIP 22-16 CITY-WIDE PED SFTY ENHANCEMNT - 366133 11/22/23 10,167.50 CITY OF SAN DIEGO METROPOLITAN INDUSTRIAL WW CONTROL PRG.- 366134 11/22/23 12,403.00 D-MAX ENGINEERING INC T&A 90552 AZURIIK ROOSEVELT AVE.- ENG/PW 36 6145 11/22/23 2,128.32 GONZALES RFW PARKING & MILEAGE REIMB.-ENG/PW 366149 11/22/23 58.33 KTUA INSTALATION RESILENCY GRANT- ENG/PW 366155 11/22/23 21,500.76 SOLANA CENTER SB1383 SUPPORT SRVCS RSWA AMNDMNT 4 BP O 366182 11 /22/23 14,935.00 STC TRAFFIC INC TRAFFIC SIGNAL SUPPORT SRVCS- ENG/PW 366186 11/22 /23 1,050.00 IPS GROUP INC AUGUST 2023 PARKING PERMIT MERCHANT PORT 366153 11/ 22/23 2,140.99 Total for Department 247,541.61
NSD
CORDOVA CACEO REIMBURSEMENT / NSD 366137 11/22/23 1,385.31 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-NSD 366170 11/2 2/23 543.71 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 366190 11/ 22/23 530.87 Total for Department 2,459.89
Building/Planning
STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24-PW/ENG 366185 11/22/23 210.09 THE STAR NEWS PUBLIC NOTICE - STAR NEWS 366191 11/22/23 110.19 Total for Department 320.28
Finance
BRINK'S INCORPORATED TRANSPORTATION - BILLING PERIOD 11/01/23 366 130 11/22/23 565.93 WOODRUFF & SMART RSWA - GENERAL MANAGER MONTHLY NOV 2023 366200 1 1/22/23 6,500.00 Total for Department 7,065.93
Human Resources
CESNAUSKAS ADPP - NOVEMBER 2023 366132 11/22/23 6,042.75 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 366136 11/22/23 594.00 ERGOMETRICS POLICE CORPORAL, SERGEANT & LIEUTENANT A 366146 11/22 /23 17,373.28 Total for Department 24,010.03
Community Services/Nutrition/Library
2/4Page 58 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 21
11/23/2023
ALL FRESH PRODUCTS FOOD 366124 11/22/23 610.62
COZZINI BROS., INC. KNIFE SERVICE 366139 11/22/23 105.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 366171 11/22/23 1, 309.73 SDG&E ELECTRICITY 366178 11/22/23 11,876.24
SEAPORT MEAT COMPANY FOOD 366179 11/22/23 1,367.45
SYSCO SAN DIEGO INC FOOD 366188 11/22/23 11,155.55
ALLSTATE SECURITY INVICTA DBA ALLSTATE/SECURITY SERVICES/L 366125 11/22/23 6,011.88 AMAZON CAPITAL SERVICES, INC. AMAZON/AV SUPPLIES/MEMORY LAB/LOCA L HIST 366126 11/22/23 49.43 MIDWEST TAPE, LLC MIDWEST TAPE/BLU-RAY/FY24 366158 11/22/23 97.29 ZOOBEAN INC RFW/ZOOBEAN SUBSCRIPTION/FY24 366201 11/22/23 1,759.50 Total for Department 34,342.69
Police
ORANGE COUNTY SHERIFF'S T D TRAINING TUITION SUPERVISORY ESTABRK 366163 11/22/23 465.00 RIO HONDO COLLEGE TRAINING TUITION FOR GGONZALS SUPERVISOR 366173 11/22/23 228.00 RIO HONDO COLLEGE TRAINING TUITION FTO JVASQUEZ RVELAZQUEZ 366174 11/22/23 178.00 RIO HONDO COLLEGE TRAINING TUITION 366175 11/22/23 89.00 TACTICAL FIREARMS TRAINING TRAINING TUITION FIREARMS SHAFER 36618 9 11/22/23 750.00 VASQUEZ TRAINING ADV POST SUB LDG FTO 366194 11/22/23 780.00 Total for Department 2,490.00
City Clerk
CIVICPLUS, LLC MUNICODE CODIFICATION - CIVIC PLUS 366135 11/22/23 1,522.50 CORODATA RECORDS OFF SITE FILE STORAGE - CORODATA 366138 11/22/23 53.00 THE STAR NEWS PUBLIC NOTICE - STAR NEWS 366191 11/22/23 125.56 Total for Department 1,701.06
A/P Total 327,874.06

WIRED PAYMENTS
Police
U S BANK CREDIT CARD EXPENSES / PD 814829 11/21/23 5,332.21 City Attorney Office
U S BANK CREDIT CARD EXPENSES / CAO 814829 11/21/23 113.07 CMO
U S BANK CREDIT CARD EXPENSES / CMO 814829 11/21/23 40.00 Fire
U S BANK CREDIT CARD EXPENSES / FIRE 814829 11/21/23 2,443.28 Finance
3/4Page 59 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 21
11/23/2023
U S BANK CREDIT CARD EXPENSES / FINANCE 814829 11/21/23 45.00 GRAND TOTAL 335,847.62
4/4Page 60 of 251

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Senior Accounting Assistant Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Warrant Register #22 for the period of 11/24/23 through 11/30/23 in the amount of $5,071,548.14.

RECOMMENDATION:

Ratify Warrants Totaling $5,071,548.14

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 11/24/23 – 11/30/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check Amount Explanation
Ace Uniforms 366202 $81,273.68 Patrol Ballistic Helmets / PD Project Professionals 366255 $139,776.51 CIP 20-01 Sewer Upsizing Phase II Eng/PW LC Paving & Sealing 366242 $865,806.13 CIP 19-20 Sweetwater Road Bikeway Eng Metro Wastewater 366249 $61,041.00 Metro JPA Annual Budget Agency Portion County of San Diego 366222 $60,178.00 FY23-24 (7/1/23-6/30/24) HIRT / Fire Bank of America 97 $98,043.39 2017 Energy Efficiency Series A Bond Pymt Bank of America 111 $85,560.00 2017 Energy Efficiency Series B Bond Pymt Public Emp Ret Syst 231128 $329,008.23 Service Period 10/31/23 – 11/13/23 City of San Diego 86 $1,711,914.00 Metropolitan Sewerage System FY24

FINANCIAL STATEMENT:

Warrant total $5,071,548.14

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Warrant Register No. 22

PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor & Council
NATIONAL CITY TROPHY 3D CLASSIC CLUTCH BACK PINS/ YAMANE 366250 1 1/30/23 377.76 NATIONAL CITY TROPHY CLASSIC CLUTCH BACK PINS/ RODRIGUEZ 366250 1 1/30/23 377.76 Total for Department 755.52
CMO
SILVA REIMBURSEMENT - CULTURE CLUB SUPPLIES 366265 11/30/23 120.00 SPARKLETTS WATER FOR FINANCE 366267 11/30/23 129.89
STAPLES BUSINESS ADVANTAGE MOP #45704 OFFICE SUPPLIES / CMO 36626 8 11/30/23 170.70 T'S & SIGNS INC CITY STAFF POLO SHIRT 366278 11/30/23 3,867.74 Total for Department 4,288.33
CAO
BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 366212 11/30/23 3,415 .30 COLANTUONO HIGHSMITH LEGAL SERVICES 366221 11/30/23 735.00 T'S & SIGNS INC OFFICE SUPPLIES 366278 11/30/23 122.90 Total for Department 4,273.20
Housing/Section 8
PFEIFER HOTMA INCOME AND ASSETS WORKSHOP TRAINING 366253 11/30/23 233.99 Total for Department 233.99
Police
ACE UNIFORMS & ACCESSORIES INC PATROL BALLISTIC HELMETS 366202 11 /30/23 81,273.68 DEPT OF JUSTICE DOJ FINGERPRINTING 366227 11/30/23 841.00 EXPERIAN CREDIT CHECKS 366229 11/30/23 57.69
FON JON PET CARE CENTER K9 FOOD BAUTISTA AND EVAN 366233 11/30/23 366.35 LASER SAVER INC MOP 04840 TONER PD 366244 11/30/23 165.19 STAR PAL AGENCY CONTRIBUTION 366269 11/30/23 5,000.00
THE COUNSELING TEAM OCTOBER SUPPORT SERVICES 366274 11/30/23 800.0 0 TRI TECH FORENSICS INC P&E SUPPLIES 366277 11/30/23 5,429.30 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL CARE 366281 11/30/23 42 5.81 BAUTISTA TRAINING ADV LDGNG CRT FTO 366210 11/30/23 169.98 CARLOMAGNO TRAINING ADV LDG MDRN INTRVW INTRRGTN 366217 11/30/23 5 88.60 FERNANDO TRAINING AVD SUB SLI 366230 11/30/23 422.70
GONZALES TRAINING POST LDG AVD SUB SUPERVISOR 366235 11/30/23 1,35 8.40 HAWK TRAINING ADV SUB FIRARMS 366237 11/30/23 771.96
LOS RIOS COIMMUNITY COLLEGE TRAINING SCHL RSUC OFFCR 366245 11/30 /23 133.00 MARIOTA TRAINING ADV SUB SPRVSRY 366247 11/30/23 1,358.40 RUDE TRAINING ADV SUB SPRVSRY 366261 11/30/23 1,358.40 SHAFER TRAINING ADV LDG FRARMS INSTRCTR 366264 11/30/23 771.96 BARRAGAN UAS BASIC PILOT REIMBURSEMENT - JOSE BAR 366209 11/30/23 108.39 WARRANT REGISTER # 22
11/30/2023
1/4Page 63 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 22
11/30/2023
CAMACHO USER GROUP MEETING REIMBURSEMENT - JOSEP 366216 11/30/23 6 5.78 DOUGHERTY ASSERTIVE SUPERVISION TRAINING REIMBURSE 366228 11/30/2 3 148.82 FERNANDO SHERMAN BLOCK SLI 3 REIMBURSEMENT - VINC 366231 11/30/23 145.36 GONZALES CRISIS NEGOTIATIONS FOR INCIDENT COMMAND 366236 11/30/23 59.50 LOZANO USER GROUP MEETING REIMBUSEMENT - MIGUEL 366246 11/30/23 57 .20 RAMIREZ FORCE ENCOUNTERS ANALYSIS TRAINING REIMB 366257 11/30/23 3 11.88 RUDE CATO TACTICAL TEAM TRAINING REIMBURSEMEN 366262 11/30/23 156. 90 STINNETT CHILD ABUSE ICI TRAINING REIMBURSEMENT R 366270 11/30/23 40.00 STREET COP TRAINING LLC TUITION PAYMENT - SOCIAL MEDIA AND OPEN 3 66271 11/30/23 675.00 WADSWORTH FIREARMS INSTRUCTOR TRAINING REIMBURSEME 366284 11/30/2 3 297.09 Total for Department 103,358.34
Engineering / PW's
ALIGNMENT EXPRESS OF CA INC AUTO SHOP SUPPLIES FY24-PW/EQM 366204 11/30/23 15,839.20 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24- 366240 1 1/30/23 295.00 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PARKS 366248 11 /30/23 721.69 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366252 11/30/23 6.78 PRO BUILD COMPANY MOP #45707, SUPPLIES FOR PW'S 366254 11/30/23 65 6.81 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 366256 11/30/23 88 .01 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY24 SEPT- 366 272 11/30/23 277.28 VORTEX INDUSTRIES INC CITY-WIDE DOORS, GATES, AND RELATED FY24 36 6282 11/30/23 11,162.07 VULCAN MATERIALS COMPANY ASPHALT MATERIALS FOR STREETS FY24-PW/S T 366283 11/30/23 1,061.62 GEOSYNTEC CONSULTANTS INC CIP 21-16 NCFD COMPLIANCE WORK- ENG/PW 366234 11/30/23 5,527.92 NV5 INC CROWN CASTLE PERMITS- ENG/PW 366251 11/30/23 37,615.69 PROJECT PROFESSIONALS CORP CIP 20-01 SEWER UPSIZING PHASE II- EN G/P 366255 11/30/23 139,776.51 HSCC INC CIP 23-06 KIMBALL DOG PARK TOT LOT LAS P 366239 11/30/23 45,980.76 KIMLEY HORN CIP 20-09 NC EASTSIDE I-805 COMMUNITY - 366241 11/30 /23 14,345.65 L C PAVING & SEALING INC CIP 19-20 SWEETWATER ROAD BIKEWAY - ENG / 366242 11/30/23 865,806.13 METRO WASTEWATER JPA FY24 METRO JPA ANNUAL BUDGET AGENCY PORT 366 249 11/30/23 61,041.00 Total for Department 1,200,202.12
Risk
CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 366219 11/30/2 3 7,200.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 366220 11/30/2 3 6,400.00 US LEGAL SUPPORT INC LIABILITY CLAIM COST 366280 11/30/23 688.58 Total for Department 14,288.58
Planning / Building
BUREAU VERITAS N AMERICA INC PLAN CHECK SERVICES 366211 11/30/23 4 5,036.59 REEDER APA MEMBERSHIP DUES 366258 11/30/23 245.00
2/4Page 64 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 22
11/30/2023
Total for Department 45,281.59
Finance
C A P F DECEMBER 2023 - FIRE LTD 366213 11/30/23 1,239.00 CALIFORNIA LAW ENFORCEMENT DECEMBER 2023 - PD LTD 366215 11/30/23 2,214.00 DELTA DENTAL INSURANCE CO DECEMBER 2023 GRP # 05-7029600000 PMI DEC 366224 11/30/23 1,968.30 DELTA DENTAL INSURANCE CO DECEMBER 2023 - GRP #05-7029600002 COB RA 366225 11/30/23 91.11 DELTA DENTAL OF CALIFORNIA DECEMBER 2023 GRP# 05-0908600000 DENT AL 366226 11/30/23 16,482.19 RELIANCE STANDARD DECEMBER 2023 - GRP VAI826233 VCI801146 366259 11/30/23 3,828.41 Total for Department 25,823.01
Community Services/Nutrition/Library
AMAZON SUPPLIES FOR A KIMBALL HOLIDAY AND REIND 366206 11/30/23 99 2.80 CASTILLO RFW A KIMBALL HOLIDAY EVENT DJ/MC ENTERT 366218 11/30/23 1,850.00 ROYAL ENTERTAINERS, INC RFW A KIMBALL HOLIDAY EVENT CHARACTERS 3 66260 11/30/23 3,582.00 ALDEMCO FOOD / NUTRITION 366203 11/30/23 6,895.40
ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 366205 11/30/23 565.64 COUNTY OF SAN DIEGO - DEH FOOD FACILITY PERMIT RENEWAL / NUTRITI ON 366223 11/30/23 474.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES / NUTRITION 36625 6 11/30/23 300.10 SYSCO SAN DIEGO INC FOOD / NUTRITION 366273 11/30/23 3,418.67 AMAZON CAPITAL SERVICES, INC. AMAZON/SUPPLIES/FY24 366207 11/30/2 3 45.71 BAKER & TAYLOR BAKER AND TAYLOR/BOOKS/FY24 366208 11/30/23 308.52 TUMBLEWEED PRESS INC RFW-TUMBLEWEED SUBSCRIPTION RENEWAL/FY24 366 279 11/30/23 799.00 Total for Department 19,231.84
Fire
CAL FIRE CERT TRAINING: FIRE FIGHTER2A: STRUCTURE 366214 11/30/23 525.00 COUNTY OF SAN DIEGO FY23-24 (7/1/23 -6/3024) HIRT /FIRE 366222 1 1/30/23 60,178.00 FIRE ETC STATION, WILDLAND AND STURCTURE BOOTS/FIRE 366232 11/30/ 23 75.00 L N CURTIS & SONS 1.5X100' COUPLED 1.5NH YELLOW 187 SPEC / 366243 11/30/23 3,448.53 PRO BUILD COMPANY MOP #45707, SAW BLADES / FIRE 366254 11/30/23 11 7.24 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 366256 11/30/23 75 .00 SAFETY-KLEEN SYSTEMS, INC PART #100030 RECOVERY FEE 366263 11/30/ 23 244.84 SMART & FINAL MOP #45756, FIRE STATION SUPPLIES 366266 11/30/23 21 8.85 STAPLES BUSINESS ADVANTAGE MOP #45704, 3X5 RULED INDX CRD/ FIRE 3 66268 11/30/23 170.70 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SERVICES: SEPTEM BER/FIR 366275 11/30/23 475.00 THE SUPPLY CACHE TEE VALVE 1.5 NH FEMALE, S&H PRODUCTS, 366276 11 /30/23 752.30 Total for Department 66,280.46
A/P Total 1,484,016.98
3/4Page 65 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 22
11/30/2023

PAYROLL
Pay period Start Date End Date Check Date
24 11/14/2023 11/27/2023 12/6/2023 1,361,824.40

WIRED PAYMENTS
Finance
BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES A BOND PYM 97 11/28 /23 98,043.39 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES B BOND PYM 111 11/2 8/23 85,560.00 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 10/31/23 - 11/13/23 2 31128 11/28/23 329,008.23 Community Services/Nutrition/Library
U S BANK RFW/CREDIT CARD LIBRARY/NOV. 2023 838060 11/30/23 1,181.1 4 Engineering / PW's
CITY OF SAN DIEGO METROPOLITAN SEWERAGE SYSTEM FY24 10/1/23 86 11 /30/23 1,711,914.00 GRAND TOTAL 5,071,548.14
4/4Page 66 of 251

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Senior Accounting Assistant Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Warrant Register #23 for the period of 12/01/23 through 12/07/23 in the amount of $3,085,699.94.

RECOMMENDATION:

Ratify Warrants Totaling $3,085,699.94

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 12/01/23 – 12/07/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check Amount Explanation
Innovative Construction 366423 $100,296.00 CIP 22-01 Las Palmas Pool Delivery Concepts Inc 366405 $62,598.00 NC Infrastructure Grant Vehicle Eagle Paving Company 366412 $195,019.70 CIP 22-19 NC Street Resurfacing Ortiz Corporation 366436 $121,743.00 CIP 20-01 Sewer Upsize Project Perry Ford-NC 366441 $87,410.26 NC Infrastructure Grant Vehicles Tyler Technologies Inc 366475 $136,124.55 Tyler Munis / CAD Adminsure Inc 163 $75,689.00 WC’s Replenishment – November Public Emp Ret System 231207 $327,832.17 Service Period 11/14/23 – 11/27/23

FINANCIAL STATEMENT:

Warrant total $3,085,699.94

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Warrant Register No. 23

PAYEE DESCRIPTION CHK NO DATE AMOUNT

Mayor and Council
MORRISON REIMB FOR NARC CONFERENCE 366430 12/7/23 947.76 Total for Department 947.76
CMO
CANTWELL GROUP LLC COUNCIL BREAKFAST CATERING - KIMBALL 366389 12/7/23 1,950.00 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICE - PORT OF SAN DIEGO 366407 12/7/23 825.00 JERRYS PHOTO BOOTH EMPLOYEE WINTER PHOTO BOOTH 366371 12/6/23 486.00 Total for Department 3,261.00
Housing / Sec 8
NATIONAL CREDIT REPORTING NOVEMBER FEE FOR CRIMINAL REPORT / SEC 8 366373 12/6/23 1,061.15 Total for Department 1,061.15
CAO
OFFICE SOLUTIONS BUSINESS MOP 45704, OFFICE SUPPLIES / CAO 366434 12/7/23 63.36 Total for Department 63.36
Police
ACE UNIFORMS & ACCESSORIES INC NAME TAGS 366376 12/7/23 116.04 AEP CALIFORNIA LLC WRAP FOR RECRUITING CAR 366380 12/7/23 2,555.63 CYRACOM INTERNATIONAL, INC LANGUAGE LINE SERVICES 366399 12/7/23 62.40 LASER SAVER INC MOP 45725 TONER PD 366427 12/7/23 5,863.59 RADY CHILDREN'S HOSPITAL SAN DIEGO SART EXAM 366449 12/7/23 550.00 SAN DIEGO POLICE EQUIPMENT FEDERAL AMMO 366454 12/7/23 39,445.64 STAPLES BUSINESS ADVANTAGE MOP 45704, OFFICE SUPPLIES / POLICE 366462 12/7/23 1,492.24 THOMSON REUTERS INVESTIGATIONS SERVICE NOVEMBER 366472 12/7/23 691.95 T-MOBILE MOBILE USA INC. SEARCH WA RRANT GPS LOCATE 366473 12/7/23 25.00 ARGERSINGER TRAINING REIM TC INV 366382 12/7/23 180.37 CAMACHO TRAINING LDGNG K9 TRAINING 366388 12/7/23 533.88 CAVENAUGH & ASSOCIATES TRAINING DUI TUITION WYATT 366390 12/7/23 620.00 GARCIA TRAINING ADV POST SUB LDG INTRVW INTRRGT 366416 12/7/23 820.95 HAWK TRAINING POST/LDG FTO 366422 12/7/23 1,008.43
LACRTC TRAINING TUITION UAS 366426 12/7/23 1,199.00
SAKAMOTO TRAINING ADV LDG UAS 366450 12/7/23 393.10
SAN DIEGO MIRAMAR COLLEGE TRAINING ROT PHILLIP/STANICH 366451 12/7/23 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION AOT CRUZ 366452 12/7/23 23.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION AOT SPRINGER 366453 12/7/23 23.00 VELAZQUEZ TRAINING ADV LDG CRISIS INTRVN FTOS 366476 12/7/23 200.92 Total for Department 55,851.14
WARRANT REGISTER # 23
12/7/2023
1/6Page 68 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/7/2023
Engineering / PW's
ACME SAFETY & SUPPLY CORP SURVEY VEST FY24-PW/SEWER 366377 12/7/23 480.57 COSCO FIRE PROTECTION FIRE SERVICE INSPECTIONS FY24-PW/FACILIT 366395 12/7/23 2,389.00 FERGUSON ENTERPRISES 1350 MOP 45723 BUILDING SUPPLIES FY24-PW/FACI 366415 12/7/23 439.43 GRAINGER MOP 65179 GENERAL SUPPLIES FY24-PW/FACIL 366418 12/7/23 1,412.99 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT FY24-PW/EQM 366420 12/7/23 1,076.63 NATIONAL CITY AUTO TRIM R&M CITY FLEET FY24-PW/EQM 366431 12/7/23 277.25 O'REILLY AUTO PARTS MOP 75877 AUTO PARTS FY24-PW/EQM 366435 12/7/23 63.03 PACIFIC AUTO REPAIR SMOG CERTIFICATION / REPAIRS FY24-PW/EQM 366437 12/7/23 55.00 PARTS AUTHORITY METRO MOP 75943 AUTO PARTS FY24-PW/EQM 366439 12/7/23 122.46 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 366440 12/7/23 120.32 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO BATTERIES FY24-PW/EQM 366444 12/7/23 455.49 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 366445 12/7/23 969.78 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24-PW 366447 12/7/23 947.43 R & R CONTROLS, INC ENVIRONMENTAL CONT ROL SYSTEMS FY24-PW/FA 366448 12/7/23 625.00 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS N 366456 12/7/23 42,252.13 SEDANO FORD OF LM, INC. R&M CITY VEHICLES FY24-PW/EQM 366458 12/7/23 1,364.84 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY24-PW/PAR 366459 12/7/23 402.47 STAPLES BUSINESS ADVANTAGE MOP 45704, OFFICE SUPPLIES / PW'S 366462 12/7/23 578.83 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY24 SEPT- 366466 12/7/23 35,722.95 T MAN TRAFFIC SUPPLY MOP 76666 SIGN BLANK FY24-PW/STREETS 366469 12/7/23 1,492.56 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/EQM 366478 12/7/23 660.76 WILLY'S ELECTRONIC SUPPLY ELECTRONICS ACCESSORIES 366479 12/7/23 48.69 D-MAX ENGINEERING INC NC EASTSIDE I-805 CLEAN CA- ENG/PW 366409 12/7/23 1,684.47 D-MAX ENGINEERING INC CIP 19-20 NC SWEETWATER RD BIKEWAY- ENG/ 366410 12/7/23 563.12 GEOSYNTEC CONSULTANTS INC CNC DUCK POND GW MONITORING- ENG/PW 366417 12/7/23 7,545.75 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL 366423 12/7/23 100,296.00 KIMLEY HORN AND CIP 21-28 PARADISE WETLAND- ENG/PW 366424 12/7/23 18,523.80 KTUA CMO CONSTRUCTION DOCS.- ENG/PW 366425 12/7/23 42,041.27 NV5 INC TA 90575 WESTFIELD PLAZA RETAINING WALL- 366433 12/7/23 7,157.30 COUNTY OF SAN DIEGO MUNICIPAL POOL HAZARDOUS WASTE FEES-12/ 366396 12/7/23 529.00 DELIVERY CONCEPTS INC NUTRITION CTR INFRASTRUCTURE GRANT VEHIC 366405 12/7/23 62,598.00 DOOSAN INDUSTRIAL VEHICLE STREETS AND WAST EWATER FORKLIFT-ENG/PW 366411 12/7/23 41,014.32 EAGLE PAVING COMPANY INC CIP 22-19 NC STREET RESURFACING - ENG/PW 366412 12/7/23 195,019.70 HARBOR COATING CIP 22-42 PD PARKING STRUCTURE WATERPROO 366421 12/7/23 9,712.76 ORTIZ CORPORATION CIP 20-01 P1 SEWER UPSIZE PROJECT PHASE 366436 12/7/23 121,743.00 PERRY FORD-NATIONAL CITY NUTRITION CTR INFRASTRUCTURE GRANT VEHIC 366441 12/7/23 87,410.26 PROJECT PROFESSIONALS CORP CIP 23-10 MLK COMMUNITY CENTER OFFICE UP 366446 12/7/23 3,576.23 SWRCB ANNUAL PERMIT FEE FOR PHASE I MS4- JULY 366467 12/7/23 26,498.00 Total for Department 817,870.59
Risk
CLAIMS MANAGEMENT ASSOCIATES PROF ESSIONAL SERVICES 366392 12/7/23 6,400.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366401 12/7/23 5,377.50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366402 12/7/23 2,757.09 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366403 12/7/23 1,242.47 2/6Page 69 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/7/2023
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366404 12/7/23 928.31 Total for Department 16,705.37
Building/Planning
CODE ENFORCEMENT CODE ENFORCEMENT OFFICER SAFTEY FOUNDATI 366393 12/7/23 250.00 ESGIL LLC ESGIL INVOICE 366413 12/7/23 1,239.90
THE STAR NEWS THE STAR-NEWS ADVERTISEMENT 366471 12/7/23 74.31 Total for Department 1,564.21
Finance
BAVENCOFF JR RETIREE HEALTH BENEFITS - DEC 2023 366285 12/4/23 500.00 BEARD RETIREE HEALTH BENEFITS - DEC 2023 366286 12/4/23 70.00 BECK RETIREE HEALTH BENEFITS - DEC 2023 366287 12/4/23 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - DEC 2023 366288 12/4/23 640.00 BISHOP RETIREE HEALTH BENEFITS - DEC 2023 366289 12/4/23 110.00 BOEGLER RETIREE HEALTH BENEFITS - DEC 2023 366290 12/4/23 260.00 BULL RETIREE HEALTH BENEFITS - DEC 2023 366291 12/4/23 580.00 CAMEON RETIREE HEALTH BENEFITS - DEC 2023 366292 12/4/23 400.00 CANEDO RETIREE HEALTH BENEFITS - DEC 2023 366293 12/4/23 620.00 CASTELLANOS RETIREE HEALTH BENEFITS - DEC 2023 366294 12/4/23 500.00 CHELIUS RETIREE HEALTH BENEFITS - DEC 2023 366295 12/4/23 460.00 COLE RETIREE HEALTH BENEFITS - DEC 2023 366296 12/4/23 165.00 COLLINSON RETIREE HEALTH BENEFITS - DEC 2023 366297 12/4/23 420.00 CONDON RETIREE HEALTH BENEFITS - DEC 2023 366298 12/4/23 280.00 CORDERO RETIREE HEALTH BENEFITS - DEC 2023 366299 12/4/23 520.00 DALLA RETIREE HEALTH BENEFITS - DEC 2023 366300 12/4/23 900.00 DANESHFAR RETIREE HEALTH BENEFITS - DEC 2023 366301 12/4/23 250.00 DEESE RETIREE HEALTH BENEFITS - DEC 2023 366302 12/4/23 660.00 DESROCHERS RETIREE HEALTH BENEFITS - DEC 2023 366303 12/4/23 110.00 DIAZ RETIREE HEALTH BENEFITS - DEC 2023 366304 12/4/23 680.00 DREDGE RETIREE HEALTH BENEFITS - DEC 2023 366305 12/4/23 250.00 DUONG RETIREE HEALTH BENEFITS - DEC 2023 366306 12/4/23 280.00 EISER III RETIREE HEALTH BENEFITS - DEC 2023 366307 12/4/23 250.00 ESPIRITU RETIREE HEALTH BENEFITS - DEC 2023 366308 12/4/23 620.00 ETZLER RETIREE HEALTH BENEFITS - DEC 2023 366309 12/4/23 460.00 FABINSKI RETIREE HEALTH BENEFITS - DEC 2023 366310 12/4/23 220.00 FELIX RETIREE HEALTH BENEFITS - DEC 2023 366311 12/4/23 400.00 FERNANDEZ RETIREE HEALTH BENEFITS - DEC 2023 366312 12/4/23 270.00 FIFIELD RETIREE HEALTH BENEFITS - DEC 2023 366313 12/4/23 540.00 GAUT RETIREE HEALTH BENEFITS - DEC 2023 366314 12/4/23 700.00 GELSKEY RETIREE HEALTH BENEFITS - DEC 2023 366315 12/4/23 115.00 GIBBS JR RETIREE HEALTH BENEFITS - DEC 2023 366316 12/4/23 120.00 GONZALES RETIREE HEALTH BENEFITS - DEC 2023 366317 12/4/23 480.00 HARLAN RETIREE HEALTH BENEFITS - DEC 2023 366318 12/4/23 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2023 366319 12/4/23 500.00 3/6Page 70 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/7/2023
HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2023 366320 12/4/23 680.00 HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2023 366321 12/4/23 400.00 HODGES RETIREE HEALTH BENEFITS - DEC 2023 366322 12/4/23 200.00 IBARRA RETIREE HEALTH BENEFITS - DEC 2023 366323 12/4/23 780.00 JASMUND RETIREE HEALTH BENEFITS - DEC 2023 366324 12/4/23 680.00 JONES RETIREE HEALTH BENEFITS - DEC 2023 366325 12/4/23 60.00 JONES RETIREE HEALTH BENEFITS - DEC 2023 366326 12/4/23 480.00 JUNIEL RETIREE HEALTH BENEFITS - DEC 2023 366327 12/4/23 50.00 KIMBLE RETIREE HEALTH BENEFITS - DEC 2023 366328 12/4/23 300.00 KLOS RETIREE HEALTH BENEFITS - DEC 2023 366329 12/4/23 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - DEC 2023 366330 12/4/23 660.00 LIMFUECO RETIREE HEALTH BENEFITS - DEC 2023 366331 12/4/23 160.00 MATIENZO RETIREE HEALTH BENEFITS - DEC 2023 366332 12/4/23 100.00 MCCABE RETIREE HEALTH BENEFITS - DEC 2023 366333 12/4/23 280.00 MCDANIEL RETIREE HEALTH BENEFITS - DEC 2023 366334 12/4/23 290.00 MEEKS RETIREE HEALTH BENEFITS - DEC 2023 366335 12/4/23 460.00 MINER RETIREE HEALTH BENEFITS - DEC 2023 366336 12/4/23 580.00 MUNOZ RETIREE HEALTH BENEFITS - DEC 2023 366337 12/4/23 640.00 NAGLE RETIREE HEALTH BENEFITS - DEC 2023 366338 12/4/23 460.00 NOTEWARE RETIREE HEALTH BENEFITS - DEC 2023 366339 12/4/23 120.00 OLIVERIA RETIREE HEALTH BENEFITS - DEC 2023 366340 12/4/23 360.00 PARRA RETIREE HEALTH BENEFITS - DEC 2023 366341 12/4/23 400.00 PAUU JR RETIREE HEALTH BENEFITS - DEC 2023 366342 12/4/23 340.00 PE RETIREE HEALTH BENEFITS - DEC 2023 366343 12/4/23 300.00 PEASE JR RETIREE HEALTH BENEFITS - DEC 2023 366344 12/4/23 140.00 POST RETIREE HEALTH BENEFITS - DEC 2023 366345 12/4/23 280.00 RAY RETIREE HEALTH BENEFITS - DEC 2023 366346 12/4/23 190.00 REDIKOP RETIREE HEALTH BENEFITS - DEC 2023 366347 12/4/23 400.00 RIOS RETIREE HEALTH BENEFITS - DEC 2023 366348 12/4/23 240.00 ROARK RETIREE HEALTH BENEFITS - DEC 2023 366349 12/4/23 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - DEC 2023 366350 12/4/23 260.00 ROUSTON RETIREE HEALTH BENEFITS - DEC 2023 366351 12/4/23 660.00 RUIZ RETIREE HEALTH BENEFITS - DEC 2023 366352 12/4/23 310.00 SAINZ RETIREE HEALTH BENEFITS - DEC 2023 366353 12/4/23 300.00 SANCHEZ RETIREE HEALTH BENEFITS - DEC 2023 366354 12/4/23 330.00 SERVATIUS RETIREE HEALTH BENEFITS - DEC 2023 366355 12/4/23 340.00 SHEPHARD RETIREE HEALTH BENEFITS - DEC 2023 366356 12/4/23 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - DEC 2023 366357 12/4/23 480.00 SILVA RETIREE HEALTH BENEFITS - DEC 2023 366358 12/4/23 580.00 SMITH RETIREE HEALTH BENEFITS - DEC 2023 366359 12/4/23 320.00 SMITH RETIREE HEALTH BENEFITS - DEC 2023 366360 12/4/23 560.00 TIPTON RETIREE HEALTH BENEFITS - DEC 2023 366361 12/4/23 250.00 UNGAB RETIREE HEALTH BENEFITS - DEC 2023 366362 12/4/23 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - DEC 2023 366363 12/4/23 480.00 VILLARIASA RETIREE HEALTH BENEFITS - DEC 2023 366364 12/4/23 480.00 WHITE RETIREE HEALTH BENEFITS - DEC 2023 366365 12/4/23 230.00 WILKINS RETIREE HEALTH BENEFITS - DEC 2023 366366 12/4/23 520.00 4/6Page 71 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/7/2023
YBARRA RETIREE HEALTH BENEFITS - DEC 2023 366367 12/4/23 220.00 YOUNG RETIREE HEALTH BENEFITS - DEC 2023 366368 12/4/23 560.00 PFEIFER TRAVEL EXPENSE FOR CSMFO CHAPTER MEETING 366442 12/7/23 13.36 STAPLES BUSINESS ADVANTAGE MOP 45704, OFFICE SUPPLIES / FINANCE 366462 12/7/23 351.80 THE BANK OF NEW YORK MELLON TRUSTEE FEE - PERIOD 11/03/23 TO 11/02/2 366470 12/7/23 1,475.00 Total for Department 34,375.16
Community Services/Nutrition/Library
CASTILLO RFW DJ/MC FOR AGE FRIENDLY DANCE EVENT 1 366369 12/6/23 2,450.00 ENERGY COMMUNICATIONS CORP. RFW BROADCAST AND MARKETING FOR A KIMBAL 366370 12/6/23 800.00 JERRYS PHOTO BOOTH RFW PHOTO BOOTH RENTAL FOR AGE FRIENDLY 366371 12/6/23 549.00 LOS ANGELES PARTYWORKS INC RFW20 X 20 LED DANCE FLOOR FOR A KIMBALL 366372 12/6/23 4,950.00 PANERA BREAD RFW FOOD FOR AGE FRIENDLY DANCE EVENT 12 366374 12/6/23 2,029.24 SAN DIEGO ICE MACHINES COMPANY RFW 50 TONS OF SNOW FOR A KIMBALL HOLIDA 366375 12/6/23 12,391.25 DIAMOND ENVIRONMENTAL SVCS RFW DIAMO ND SERVICES SINK RENTAL 366408 12/7/23 825.00 LOS ANGELES PARTYWORKS INC RFW RUSH CHARGES FOR LED DANCE FLOOR 366428 12/7/23 400.00 MARICOS EL LIDER RFW STAFF MEALS FO R A KIMBALL HOLIDAY 366429 12/7/23 450.00 SANCHEZ MAYO CONTRACT INSTRUCTOR PAY MENT FOR BASKETBA 366455 12/7/23 1,260.00 TRACKLESS TRAINS OF SAN DIEGO RFW TRACKLESS TRAINS RENTAL SERVICE 366474 12/7/23 5,003.18 BOOT WORLD WORK BOOTS FOR MIZAEL ARAMBURO 366387 12/7/23 175.34 COZZINI BROS., INC. KNIFE SERVICE 366398 12/7/23 178.11 PACIFIC REFRIGERATION INC SERVICE CALL CHARGE 1/2 366438 12/7/23 1,168.30 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES / NUTRITION 366447 12/7/23 292.64 SDG&E ELECTRIC 366457 12/7/23 2,530.98
SMART & FINAL MOP #45756, SUPPLIES FOR NUTRITION 366460 12/7/23 143.89 SYSCO SAN DIEGO INC FOOD 366468 12/7/23 3,608.76
Total for Department 39,205.69
Fire
ACE UNIFORMS & ACCESSORIES INC UNIFROMS AND JACKETS FOR FIRE 366376 12/7/23 60.34 AMAZON B0050KKM4Y- VIKING RANGE /FIRE 366381 12/7/23 543.72 ESGIL LLC PLAN CHECKS FOR FIRE, FY23-24~ 366414 12/7/23 1,239.90 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - FIRE 366447 12/7/23 25.00 SMART & FINAL MOP #45756, FIRE STATION SUPPLIES 366460 12/7/23 345.13 SO CAL PPE, LLC TURNOUT COAT AND PANTS CLEANING, QTY: 80 366461 12/7/23 256.00 STAPLES BUSINESS ADVANTAGE MOP 45704, OFFICE SUPPLIES / FIRE 366462 12/7/23 457.16 STREAMLINE AUTOMATION SYSTEMS 1 - STR EAMLINE CLOUD FEE /FIRE 366464 12/7/23 6,401.00 Total for Department 9,328.25
Human Resources
ADMINSURE INC WORKERS' COMPENSATION CLAIMS - DECEMBER 366379 12/7/23 8,604.00 BECERRIL LICENSE REIMBURSEMENT 366385 12/7/23 85.00
CESNAUSKAS ADVANCE DISABILITY PENSION PAYMENT - DEC 366391 12/7/23 4,072.29 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 366394 12/7/23 688.00 5/6Page 72 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/7/2023
DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 366406 12/7/23 352.00 Total for Department 13,801.29
MIS
ACTIVE NETWORK LLC SOFTWARE MODULE / MIS 366378 12/7/23 2,800.00 ASSI SECURITY INC ASSI SECURITY INVOICES 366383 12/7/23 2,775.84 AT&T SBC - AT&T FOR FY24 366384 12/7/23 17,003.15
BLUE VIOLET NETWORKS BLUE VIOLET CAMERA REPLACEMENTS 366386 12/7/23 36,406.37 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 366397 12/7/23 261.20 DATEL SYSTEMS INCORPORATED ADV EMAIL SECURITY & COMPLIANCE - 366400 12/7/23 23,736.25 GRANICUS LLC GRANICUS WEBCASTING FY24 366419 12/7/23 2,055.29 NEXTREQUEST NEXTREQUEST ANNUAL LICENSE~ 366432 12/7/23 13,393.00 PLANETBIDS INC PLANETBIDS RENEWAL 10/13/23 - 10/12/24 366443 12/7/23 4,859.98 STARTECH COMPUTERS STARTECH COMPUTERS MOP FY24 366463 12/7/23 1,812.33 TYLER TECHNOLOGIES INC TYLER MUNIS / CAD~ 366475 12/7/23 136,124.55 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 366477 12/7/23 8,283.77 WILLY'S ELECTRONIC SUPPLY ELECTRONICS ACCESSORIES 366479 12/7/23 232.00 Total for Department 249,743.73
A/P Total 1,243,778.70

WIRED PAYMENTS
CMO
U S BANK CREDIT CARD EXPENSES - CMO 911044 12/1/23 797.80 Engineering / PW's
U S BANK CREDIT CARD EXPENSES - ENG/PW 911044 12/1/23 4,062.60 Human Resources
ADMINSURE INC WORKERS' COMPENSATION REPLENISHMENT - NO 163 12/6/23 75,689.00 Finance
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11/14/23 - 11/27/23 231207 12/7/23 327,832.17 Engineering / PW's
ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY24 NOV-PW/EQM 339397 12/5/23 44,292.00 SECTION 8 HAPS Start Date End Date
12/1/2023 12/1/2023 1,373,090.67
12/6/2023 12/6/2023 16,157.00
GRAND TOTAL 3,085,699.94
6/6Page 73 of 251

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Senior Accounting Assistant Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Warrant Register #24 for the period of 12/08/23 through 12/14/23 in the amount of $2,634,970.15

RECOMMENDATION:

Ratify Warrants Totaling $2,634,970.15

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 12/01/23 – 12/07/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check Amount Explanation
Haaker Equipment Co 366530 $424,780.76 Elgin Broom Street Sweeper – ENG Kaiser Foundation HP 366537 $237,490.47 January 2024 – Group #104220 State of CA HCD 366576 $69,880.12 Assessment Year 2023-2024 McAlister Institute 336543 $55,304.97 Provide Rental Assistance Outreach

FINANCIAL STATEMENT:

Warrant total $2,634,970.15

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A - Warrant Register No. 24

PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor and Council
MORRISON HOBBY LOBBY FRAMES 366480 12/12/23 199.18
Total for Department 199.18
CAO
CALI MOTA LLC NON DEPARTMENTAL/ CAO 366498 12/14/23 4,799.85 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 366517 12/14/23 36,817.76 MEYERS, NAVE, RIBACK, SILVER LEGAL SERVICES 366544 12/14/23 3,975.15 Total for Department 45,592.76
Police
MOTOPORT MOTOR PANTS 366547 12/14/23 1,627.03
NCPOA REIMB: 1/2 THE COST OF SD AUTO THEFT OFF 366550 12/14/23 120.00 CAMARGO CLEARS SEMINAR REIMBURSEMENT FOR CYNTHIA 366499 12/14/23 361.47 FERNANDO SHERMAN BLOCK SLI 4 - REIMBURSEMENT VINC 366524 12/14/23 151.40 SANCHEZ ICI CHILD ABUSE TRAINING - REIMBURSEMENT 366564 12/14/23 167.07 SOSA LEADERSHIP, MENTORING, COACHING REIMBURS 366571 12/14/23 24.00 BARAJAS TRAINING TC INV REIMB 366496 12/14/23 312.57
CABRALES TRAINING POST REIM SDCDA 366497 12/14/23 123.84 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT ARGERSINGER 366563 12/14/23 23.00 WYATT TRAINING ADV SUB DUI 366600 12/14/23 661.20
Total for Department 3,571.58
Engineering / PW's
24 HOUR ELEVATOR INC CITY-WIDE ELEVATOR MAINTENANCE FY24-PW/ 366481 12/14/23 10,467.83 APS LIGHTING & SAFETY PRODUCTS MOP 87645 AUTO LIGHTING SUPPLIES FY24-PW 366491 12/14/23 404.06 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR FY24 JULY-SEPT -PW/ 366516 12/14/23 16,641.29 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES FY24-PW/EQM 366523 12/14/23 105.97 GRAINGER MOP 65179 GENERAL SUPPLIES FY24-PW/FACIL 366529 12/14/23 582.90 HOME DEPOT CREDIT SERVICES BUILDING SUPPLIES FY24-PW/FACILITIES 366532 12/14/23 3,104.26 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY24- 366536 12/14/23 450.00 MAINTEX INC MISC JANITORIAL SUPPLIES FY24 366540 12/14/23 1,280.28 MASTER PERFORMANCE MOP 86883 AUTO SUPPLIES FY24-PW/EQM 366542 12/14/23 515.06 MUNICIPAL MAINTENANCE EQUIP HYDRAULIC BLOCE (TOP) FY24-PW/EQM 366549 12/14/23 1,319.82 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/STREE 366556 12/14/23 1,144.04 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES 366558 12/14/23 421.24 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES FY24-PW/EQM 366561 12/14/23 438.59 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS FY24-PW/FACILITI 366562 12/14/23 372.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY24 366566 12/14/23 45,745.81 SOUTHERN CALIF TRUCK STOP MOP 45758 DIESEL FUEL FY24-PW/EQM 366572 12/14/23 139.43 SPEEDPRO IMAGING DECALS FOR CITY VEHICLE FY24-PW/EQM 366574 12/14/23 778.16 STAPLES BUSINESS ADVANTAGE MOP 45792. OFFICE SUPPLIES / PW'S 366575 12/14/23 332.28 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER FY24 SEPT-NOV- 366577 12/14/23 30.86 WARRANT REGISTER # 24
12/14/2023
1/5Page 75 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/14/2023
T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES FY24-PW/STREE 366580 12/14/23 448.97 TOPECO PRODUCTS MOP63849 AUTO SUPPLIES FY24-PW/EQM 366586 12/14/23 195.64 TURF STAR INC PARKS MOWER PART FY24-PW/EQM 366589 12/14/23 325.11 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES FY24-PW/FACI 366591 12/14/23 151.38 WAXIE SANITARY SUPPLY MISC JANITORIAL SUPPLIES FY24-PW/FACILIT 366595 12/14/23 2,499.71 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRONIC SUPPLIES FY24-PW/EQ 366597 12/14/23 176.63 Z A P MANUFACTURING INC SPEED LIMIT SIGN FY24-PW/STREETS 366601 12/14/23 1,455.00 CANON SOLUTIONS AMERICA INC. CANON EQUIPMNT USAGE CHARGE- ENG/PW 366500 12/14/23 228.43 CLEAN HARBORS ENVIRONMENTAL MONTHLY HHW SERVICES- ENG/PW 366504 12/14/23 1,110.89 D-MAX ENGINEERING INC NC STORM WATER SERVICES- ENG/PW 366518 12/14/23 23,778.15 HAAKER EQUIPMENT COMPANY ELGIN BROOM STREET SWEEPER- ENG/PW 366530 12/14/23 424,780.76 HDR ENGINEERING, INC. CIP 19-11 PARADISE CRK AT PLAZA- ENG/PW 366531 12/14/23 12,649.25 NERI LANDSCAPE ARCHITECTURE CIP 22-43 LAS PALMAS DOG PARK-ENG/PW 366551 12/14/23 731.25 NV5 INC SDG&E UTILITY PERMITS- ENG/PW 366553 12/14/23 18,892.59 PROJECT PROFESSIONALS CORP TA 90631 TEXAS RDHOUSE PLAN CHECK- ENG/P 366557 12/14/23 1,035.00 SWRCB ANNUAL PERMIT FEE- ENG/PW 366578 12/14/23 20,085.00 T'S & SIGNS INC BACKPACKS WITH LOGO- ENG/PW 366588 12/14/23 2,686.13 WSP USA INC T&A REFUND 366599 12/14/23 6,111.56
AZTEC FENCECO II INC CHAIN LINK~ 366495 12/14/23 3,850.00 AEP CALIFORNIA LLC UNDERCOVER LIGHTING FOR NCPD FORD F150 366484 12/14/23 5,415.70 INNOVATIVE CONSTRUCTION CIP 22-26 EL TOYON PARK- ENG/PW 366535 12/14/23 16,800.00 Total for Department 627,681.03
City Clerk
STAPLES BUSINESS ADVANTAGE MOP 45792. OFFICE SUPPLIES / CITY CLERK 366575 12/14/23 18.92 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 366584 12/14/23 202.44 TRANS-LANG CITY COUNCIL MTG. TRANSLATION SERVICES - 366587 12/14/23 2,110.50 Total for Department 2,331.86
NSD
MTS MTS FLAGGING SERVICES / NSD 366548 12/14/23 404.64 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES / NSD 366558 12/14/23 106.41 SORIANO REIMBURSEMENT SORIANO CACEO / NSD 366570 12/14/23 1,038.89 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 366583 12/14/23 990.73 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 366594 12/14/23 708.63 Total for Department 3,249.30
Risk
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366511 12/14/23 3,217.50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366512 12/14/23 2,927.45 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366513 12/14/23 313.50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366514 12/14/23 205.95 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 366515 12/14/23 135.00 2/5Page 76 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/14/2023
Total for Department 6,799.40

CMO
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - SEPTEMBER 2023 366506 12/14/23 2,797.29 ESENDENCIA REIMBURSEMENT - SARAH ESENDENCIA- DECEMB 366520 12/14/23 165.70 GARCIA REIMBURSEMENT - PEDRO GARCIA - WINTER PA 366528 12/14/23 426.00 MARTINEZ- PINA REIMBURSEMENT - MYRA PINA 366541 12/14/23 1,287.11 RODRIGUEZ REIMBURSEMENT - CM JOSE RODRIGUEZ 366559 12/14/23 7,143.45 SPARKLETTS WATER FOR FINANCE DEPARTMENT 366573 12/14/23 94.88 Total for Department 11,914.43
Building/Planning
ESGIL LLC PLAN CHECK SERVICES 366521 12/14/23 6,339.58 STAPLES BUSINESS ADVANTAGE MOP 45792. OFFICE SUPPLIES / PLANNING 366575 12/14/23 458.55 WSP USA INC VALLEY ROAD ENVIRONMENTAL 366599 12/14/23 6,300.35 Total for Department 13,098.48
Finance
CAPPO INC 2024 CAPPO CONF REGISTRATION / LUNT 366501 12/14/23 495.00 KAISER FOUNDATION HEALTH PLAN JANUARY 2024 - GROUP #104220 366537 12/14/23 237,490.47 MINUTEMAN PRESS GARAGE SALE FLYERS 366545 12/14/23 181.31 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLY / FINANCE 366554 12/14/23 15.55 SASI MONTHLY TRUST ACCOUNTING 366565 12/14/23 922.00
THE BANK OF NEW YORK MELLON TRUSTEE FEE-PERIOD 11/16/23 TO 11/15/24 366581 12/14/23 1,500.00 THE LINCOLN NATIONAL LIFE INS GRP#415491 JANUARY 2024 LIFE & AD&D STD 366582 12/14/23 8,701.16 VISION SERVICE PLAN DECEMEBER 2023 - VISION SERVICE PLAN 366593 12/14/23 1,282.98 WOODRUFF & SMART RSWA - GENERAL MANAGER MONTHLY INVOICE 366598 12/14/23 7,325.89 Total for Department 257,914.36
Community Services/Nutrition/Library
AMAZON AGE FRIENDLY DANCE SUPPLIES 366489 12/14/23 291.77 SMART & FINAL MOP 45756 SENIOR PROGRAMMING SUPPLIES 366569 12/14/23 297.25 STAPLES BUSINESS ADVANTAGE MOP 45792. OFFICE SUPPLIES / CSD 366575 12/14/23 734.37 T'S & SIGNS INC A KIMBALL HOLIDAY MARKETING 366588 12/14/23 1,358.83 ALDEMCO FOOD 366486 12/14/23 8,458.89
ALL FRESH PRODUCTS CONSUMABLES 366487 12/14/23 1,426.88 COZZINI BROS., INC. KNIFE CLEANING SERVICE 366508 12/14/23 52.50 PACIFIC REFRIGERATION INC HEATED HOLDING CABINET 366555 12/14/23 26,844.99 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 366558 12/14/23 591.89 SEAPORT MEAT COMPANY FOOD 366567 12/14/23 515.00
SYSCO SAN DIEGO INC ELECTRIC FOOD SLICER 366579 12/14/23 10,979.20 T'S & SIGNS INC CUSTOM ACRYLIC 366588 12/14/23 269.70
Total for Department 51,821.27
3/5Page 77 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/14/2023
Fire
ACE UNIFORMS & ACCESSORIES INC UNIFORMS, JACKETS, PATCHES, SEWING/FIRE 366482 12/14/23 175.50 AMAZON US ACRYLIC CAFE PLASTIC REUSABLE/FIRE 366490 12/14/23 151.43 ESGIL LLC PLAN CHECKS FOR FIRE, FY23-24~ 366522 12/14/23 837.90 FIRE ETC WILDLAND HOSE PACK WP2215 / FIRE 366525 12/14/23 848.25 GRAINGER MOP 65179 GENERAL SUPPLIES FY24-FIRE 366529 12/14/23 34.69 HONEYWELL ANALYTICS INC POSI_CAL, POSICHECK CALIBRATION/ FIRE 366533 12/14/23 3,091.09 IDENTIFIRE SAFETY IDM-03, MSA G1 SCBA FACE MASK NAMEPLATE/ 366534 12/14/23 629.58 LINEGEAR FIRE & RESCUE KESTREL 3000 POCKET WEATHER /FIRE 366539 12/14/23 1,170.53 MONTANO REIMBURSMNT- CERT ACADEMY, H MONTANO/FIR 366546 12/14/23 300.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES / FIRE 366558 12/14/23 25.00 THOMSON REUTERS CCR T 19 PUBLIC SAFETY-COMPLTE SUB/FIRE 366585 12/14/23 229.03 FREE FORM CLAY & SUPPLY REIMBURSEMENT FIRE INSPECTION FEE 2019-2022 366526 12/14/23 536.00 Total for Department 8,029.00
Human Resources
ADDICTION MEDICINE DOT DRUG & ALCOHOL TESTING PROGRAM - CA 366483 12/14/23 1,650.00 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - DECEMBER 366485 12/14/23 797.22 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 366488 12/14/23 132.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST SUBMISSION 366527 12/14/23 3.00 SMART & FINAL MOP 45756 OFFICE SUPPLIES / HR 366569 12/14/23 79.15 STATE OF CALIFORNIA HCD ASSESSMENT FISCAL YEAR 2023-2024 - ANNUAL 366576 12/14/23 69,880.12 WIGGINS TRAVEL EXPENSE REPORT 366596 12/14/23 1,551.35 Total for Department 74,092.84
MIS
AT&T SBC - AT&T FOR FY24 366492 12/14/23 3,758.53
AT&T SBC - AT&T FOR FY24 366493 12/14/23 2,117.49
AT&T SBC - AT&T FOR FY24 366494 12/14/23 107.22
CENTRICITY GIS, LLC CENTRICITY GIS CITYWORKS PLL PERMITTING 366502 12/14/23 900.00 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 366505 12/14/23 8,151.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 366507 12/14/23 537.28 CTC TECHNOLOGY & ENERGY CENIC BROADBAND INTERNET 10G - LIBRARY 366509 12/14/23 5,712.54 CURVATURE LLC NETWORK EQUIPMENT / MIS 366510 12/14/23 1,533.13 ERGOGENESIS LLC CHAIR MODEL 2607, 2600 SERIES, G3 366519 12/14/23 864.09 TYLER TECHNOLOGIES INC TYLER MUNIS / CAD~ 366590 12/14/23 7,400.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 366592 12/14/23 2,729.94 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRONIC SUPPLIES / MIS 366597 12/14/23 130.27 Total for Department 33,941.49
Housing/Section 8
NOWDOCS INTERNATIONAL INC 1099 MISC. ENVELOPES 777-1 FOR SECTION 8 366552 12/14/23 137.03 CHRISTENSEN & SPATH LLP CDC-HA AGREEMENT WITH CHRISTENSEN & 366503 12/14/23 300.00 KIMLEY HORN TOWER 999 TRANSACTION ASSISTANCE FOR 366538 12/14/23 1,223.63 4/5Page 78 of 251

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/14/2023
MCALISTER INSTITUTE OCTOBER 2023 INVOICE 366543 12/14/23 55,304.97 SAN DIEGO HOUSING FEDERATION YEARLY MEMBERSHIP FEES 366560 12/14/23 600.00 SHARP ELECTRONICS CORPORATION SHARP COPIER SERVICE FY24 366568 12/14/23 2,562.19 STAPLES BUSINESS ADVANTAGE MOP 45792. OFFICE SUPPLIES / HOUSING 366575 12/14/23 2,956.46 WSP USA INC FOCUSED GENERAL PLAN UPDATE 366599 12/14/23 17,795.83 Total for Department 80,880.11
A/P Total 1,221,117.09

PAYROLL
Pay period Start Date End Date Check Date
25 11/14/2023 11/27/2023 12/6/2023 1,361,824.40

WIRED PAYMENTS
CAO
U S BANK CREDIT CARD EXPENSES / CAO 823576 12/12/23 464.28 City Clerk
U S BANK CREDIT CARD EXPENSES / CITY CLERK 823576 12/12/23 1,448.81 Police
U S BANK CREDIT CARD EXPENSES / POLICE 823576 12/12/23 174.75 U S BANK CREDIT CARD EXPENSES / POLICE 876440 12/8/23 5,758.97 CMO
U S BANK CREDIT CARD EXPENSES / CMO 133267 12/13/23 857.40 U S BANK CREDIT CARD EXPENSES / CMO 823576 12/12/23 40.00 Finance
CITY NATIONAL BANK ENERGY RETROFIT PROJECT LEASE PMT #55 113 12/14/23 43,101.10 Housing/Section 8
U S BANK CREDIT CARD EXPENSES / HOUSING 823576 12/12/23 183.35 GRAND TOTAL 2,634,970.15
5/5Page 79 of 251

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Introduction and First Reading of an Ordinance Amending Section 18.060.10 of Title 18 (Zoning) of the National City Municipal Code Related to the Measurement of Height for New Structures.

RECOMMENDATION:

Introduce the Ordinance by First Reading, entitled, “Ordinance of the City Council of the City o f National City, California, Amending Section 18.10.060 of Title 18 (Zoning) of t he National City Municipal Code Related to the Measurement of Height for New Structures.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On December 4, 2023, the Planning Commission recommended adoption of the Ordinance.

Background
Section 18.10.060 of the Land Use Code (Zoning Ordinance) regulates “Rules of Measurement.” This includes how to calculate fractions (e.g. for parking spaces), distance, height, lot width and depth, and floor area (among others). Subsection (E) deals specifically with measuring height.

Generally, height is defined as “the vertical distance from the highest point of any structure to the ground level directly below .” For sloped lots, this measurem ent is taken from any point along the perimeter walls. On lots with significant slopes, this definition results in the need to “step” buildings. This form of construction is significantly more expensive to produce and prevents medium-sized lots with an irr egular shape or significant topography from developing to a reasonable potential, thus stymying mixed -use or residential development in certain cases.

While the Zone Variance process would traditionally cover this scenario (hardship based on the size, shap e, or topography of the lot), using the average grade definition would allow more projects without the need for this extra discretionary step, thus allowing for more affordable housing units to be constructed.

Proposal
Rather than a strict measurement from the highest portion of a building at any point along its perimeter, staff is suggesting using an “average grade” measurement, which allows the measurement to be taken from the average grade, rather than the point oppos ite the tallest point of the building, as is the case currently.

In the case of a regularly shaped lot with little topography, there will likely be no change to the current standards. However, with the incentives now granted by the state, including limitations on minimum parking requirements, lots previously not economically feasible to develop can now be developed, such as those of irregular shape and/or those with significant slopes.

The pertinent portions of Section 18.10.060 (E) currently read as follows:

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section.

2. Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for all owed projections specifically listed in this Land Use Code, shall comply with maximum height limits.

Staff is suggesting the following changes:

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average grade of the finished grade around the perimeter of the building to the highest point of the struct ure.

2. Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Land Use Code, shall comply with maximum height limits.

Analysis
At the time this Land Use Code section was written, no mixed-use zoning was in place and larger developments were less of an occurrence. With the advent of the City’s mixed-use zones and the increase in higher -density and affordable housing projects, this code section has proved more challenging in the current development climate and has, at times, been onerous and inflexible. In addition to development pressures resulting from increased flexibility at the state level, the forthcoming Focused General Plan Update and House National City program will likely exacerbate this condition in the coming years.

Planning Commission
The Planning Commission held a public hearing on the proposed Code Amendment on December 4, 2023, and recommended approval of the Ordinance to the City Council.

Findings
There are two findings required for approval of a Code Amendment, one related to General Plan consistency and one related to compliance with the California Environmental Quality Act (CEQA).

General Plan Conformance
The proposal to amend Section 18.10.060 (E) is consistent with the General Plan in that it increases the likelihood of development of in -fill lots with topographical challenges, which will increase the City’s housing stock and potentially reduce living/ownership costs for the residents of the units. Access to quality and/or affordable housing is a goal of the Housing Element, which is part of the General Plan.

California Environmental Quality Act (CEQA) Compliance
The ordinance being proposed is considered exempt from CEQA because it is not a project as defined in Section 15378. No increase in density or addi tional permissions will be granted and there would therefore be no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Summary and next steps
Staff is recommending an addition to the City’s Municipal Code related to measuring height and recommends that the City Council approve the amendment. The Planning Commission voted unanimously to recommend approval of the amendment to the City Council. Notice of this public hearing was published in the Star News.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

First Reading

EXHIBITS:

Exhibit A – Strikethrough/underline version
Exhibit B – Ordinance

18.10.060 – Rules of Measurement.

A. Purpose. The purpose of this section is to explain how various measurements referenced in this title are to be calculated.

B. Applicant Responsibility. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the city.

C. Fractions. When calculating a maximum requirement, round down to nearest whole number. When calculating a minimum requirement, round up to nearest whole number.

D. Measuring Distances.

1. Measurements are the Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

2. Distances are Measured Horizontally. Distances are measured along a horizontal plane unless otherwise specified.

3. Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure, unless otherwise specified.

4. Measurements Between Uses. When measuring the distance between two different uses, the measurement is calculated from closest lot line to lot line.

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average elevation of the finished grade around the perimeter of the building to the highest point of the structure.

2. Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Land Use Code, shall comply with maximum height l imits.

3.2. Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall.

4.3. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within on e foot of the face of an above- ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall.

F. Measuring Lot Width and Depth.

1. Lot Width. Minimum lot width shall be measured at the front setback line, or from the front property line is there is no required setback, as determined by the zoning of the parcel.

2. Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

G. Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

1. Included in Floor Area. Floor area is deemed to include:
a. The floor of atrium and lobby areas.
b. Enclosed and roofed storage and equipment spaces.
c. Enclosed and roofed halls, stairways, and elevator shafts. d. Enclosed and roofed porches and balconies.
e. Portions of basements and attics that meet building code height requirements for living space.
f. The actual floor space of mezzanines, interior balconies, and lofts.

2. Excluded from Floor Area. Floor area does not include:
a. Unenclosed balconies, decks, porches, and stairs.

b. Substandard height portions of attics and basements. c. The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.

H. Determining Floor Area Ratio. Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals twenty thousand square feet, and the lot area is ten thousand square feet, the FAR is expressed as 2.0.

I. Determining Lot Coverage. Lot coverage is the rati o of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports and roofed porches, shall be summed in order to calculate lot coverage . The following structures shall be excluded from the calculations:

1. Unenclosed and unroofed structures; porches, landings, balconies, and stairways less than three feet in height.

2. Unenclosed and unroofed decks less than eighteen inches in height.

3. Eaves and roof overhangs projecting up to four feet from a wall.

4. Trellises and similar structures that do not have solid roofs.

5. Swimming pools and hot tubs that are not enclosed in roofed structures.

6. Trash enclosures.

7. Solar collectors.

ORDINANCE NO. 2024 –

AN ORDINANCE OF THE CITY OF NATIO NAL CITY, CALIFORNIA , AMENDING SECTION

18.10.060 OF 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO THE MEASUREMENT OF HEIGHT FOR NEW STRUCTURES.

WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and
WHEREAS, on December 4, 2023 , a noticed publi c hearing was held by the Planning Commission, and all persons interested were given the opportunity to appear and be heard before the National City Planning Commission; and WHEREAS, the Planning Commission regularly and duly certified its report to the City Council of National City and has recommended approval of amending NCMC Title 18; and WHEREAS, pursuant to a published 10 -day notice of the adoption of said ordinance, a public hearing was held by the City Council on February 6, 2024, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDERS AS FOLLOWS:

Section 1: That Title 18, Section 18.10.060 (E) (Measuring Height) is hereby amended to read as follows:

E. Measuring Height.

1. General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section. On sloped lots, the height shall be measured from the average elevation of the finished grade around the perimeter of the building to the highest point of the structure.

2. Measuring the Height of Buildings Loc ated Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall ( at the lower of natural or finished grade) rather than from the base of the building wall.

2 of 3

3. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above-ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall.

Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passag e, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation publ ished in the County of San Diego, California

Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.

INTRODUCED at the Regular Meeting of the City Council of the City of National City, held on this February 6, 2024.

PASSED and ADOPTED this day of , 2024.
__________________________
Ron Morrison, Mayor

ATTEST:
_____________________________
Shelley Chapel, City Clerk
APPROVED AS TO FORM:
_____________________________
Barry J. Schultz
City Attorney

AGENDA REPORT

Department: Housing Authority
Prepared by: Angelita Palma, Housing Programs Manager Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:
$1.5 Million HOME, HOME-ARP Loan to Union Tower Project and HUD Substantial Amendment to FY23-24 AAP

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California Adopting the U.S Department of Housing and Urban Development (HUD) Substantial Amendment to the 2023 -2024 Annual Action Plan and the A llocation of $1,035,092.81 in Home Investment Partnerships Program (HOME) Grant F unds, $170,808.46 in HOME -Community Housing Development Organization (CHDO) Grant Funds, and $294,098.73 in HOME-American Rescue Plan (HOME-ARP) Grant Funds as a Conditional Loan to Union Tower by Wakeland Housing and Development Corporation.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Resolution 2021-47
Resolution 2022-72
Resolution 2022-85
Resolution 2023-27
Resolution 2023-49

EXPLANATION:

Background | The U.S. Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitlement cities and counties, including the City of National City, for its Community Planning and Development Programs (CPD). The City of National City (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis.

On May 2, 2023, the City Council approved the 2023 -2024 Annual Act ion Plan (AAP) and associated funding of activities through Resolution 2023-49. Per federal regulations, 24 CFR Part 91, a Substantial Amendment to the 2023-2024 AAP is now being proposed to incorporate funding for an affordable rental housing project.

Funding Availability | One Million Five Hundred Thousand Dollars ( $1,500,000) in HUD funds are available for funding.

There is $428,658.91 of HOME funds for Affordable Housing Activities Set -aside for the 2022- 2023 program year per Resolution 2022 -72 and $260,587.94 for Affordable Housing Activities Set-aside for 2023-2024 per Resolution 2023-49, for a subtotal of $689,246.85.

Staff have identified $345,845.96 in HOME funds available for reallocation from previous projects.

Per 24 CFR 92.300, a minimum of 15% of annual HOME entitlement funds are required to be set aside for Community Housing Development Organizations (CHDOs). A CHDO is a private, non- profit, community -based organization that has staff with the capacity to deve lop affordable housing for the community it serves. A certified CHDO must meet specific requirements pertaining to their legal status, organizational structure, and capacity and experience. The project has also committed to paying prevailing wages. The City has set-aside CHDO funds from years 2021-2023 in the amounts of $49,248.91, $60,102.15, and $61,457.40 through Resolutions 2021 -47, 2022- 72, and 2023-49, respectively, for a subtotal of $170,808.46.

The City received funds through the American Rescue Plan (ARP) to be administered through the HOME program (HOME-ARP) to perform activities that primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations (30% AMI or below) . The HOME -ARP Allocation Plan, approved through Resolution 2023 -27, authorizes $1,010,478 towards the development of rental housing as the activity type for which HOME-ARP funds are to be allocated. Staff proposes to allocate $294,083.73 of HOME -ARP funds for this proposed project.

Amount Source
$1,035,092.81 HOME Entitlement Funds
$170,808.46 HOME CHDO Funds
$294,098.73 HOME-ARP
$1,500,000 Total Funds Available

Notice of Funding | Following an applicant inquiry of available HOME funds, the Housing Authority released a Notice of Funding Availability (NOFA) of an estimated $1,500,000 in HOME, HOME-ARP, and CHDO funds, extending from November 1, 2023, to November 20, 2023. Two (2) applications were received, one for the Union Tower Project from the developer Wakeland Housing and Development Corporation (Wakeland) and the second for the Azuriik Project from the developer Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County Inc. (MAAC).

History of Projects | The Union Tower and Azuriik Projects (“Projects”) were brought to the City Council in 2022 in response to a $10,000,000 Housing Authority NOFA.

 A consulting firm administered the NOFA. The consulting firm evaluated each Project on project readiness, developer experience and capacity, project budget, amenities and community space, location, target population and project attributes, and collaboration and planning. Since both projects scored close to the same amount of points, a third -party financial analysis was performed on the projects to provide a basis for the award amounts.

 Through Resolution 2022 -85, the City Council approved conditional loan awards of $8,000,000 to the Union Tower Project and $2,000,000 to the Azuriik Project, subject to each project having secured its financing, including remaining gap funding sources.

Funding Recommendation | Staff recommends awarding the Union Tower Project $1,500,000 in HOME, HOME-ARP, and CHDO funds as a conditional loan award with three (3) percent simple interest.

The Union Tower Project (Union Tower) is a 94-unit, four and seven-story new affordable rental and supportive housing development to be located at 2312 F Avenue in National City. The Union

Tower is designed to serve residents between 30% -60% of the County of San Diego’s Area Median Income (AMI) and veterans who have experienced homelessness. While living at Union Tower, residents will be able to participate in several on-site activities that offer opportunities for residents to reach greater levels of economic stability and personal growth. Seeking input and guidance from r esidents, Union Tower will tailor meaningful and comprehensive services that meet residents' needs and interests without duplicating services already offered in the greater community. Services for all residents are designed to generate positive changes in tenants' lives, increase a tenant’s knowledge of and access to available services, maintain housing stability and eviction prevention, build life skills, increase income and assets, and improve health and well - being. Additionally, Union Tower will organize community-building and enrichment activities for tenants, e.g., holiday events, creating a tenant council, community meetings, and birthday celebrations. Refer to Exhibit “A” for additional project information.

Tables of Income and Rent Restrictions by AMI Level and Bedroom Size1

Household Annual Income by Unit Size and AMI
Income Limit 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $33,100 $41,350

$62,040
2- BEDROOM $37,250 $49,600 $62,050 $74,460
3- BEDROOM $43,025

$68,900 $86,010

Household Monthly Rent by Unit Size and AMI

Monthly Rent 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $1,034 $1,550
2- BEDROOM $931 $1,242 $1,551 $1,861
3- BEDROOM $1,075 $1,724 $2,150

Housing Fund Loan Units by Unit Size and AMI

Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 9 18 18 45
2- BEDROOM 5 9 1 9 1 25
3- BEDROOM 5 10 9 24
Total Units2 19 27 11 36 1 94
HOME Affordable Units by Unit Size and AMI
Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 13 2 3
2- BEDROOM 14 1 2 4
3- BEDROOM 2 2 4
HOME Units5 2 0 3 6 0 11

1 Veterans Housing and Homelessness Prevention Program (VHHP) units are included in the Project Total Units. Union Tower received a loan for affordable multifamily housing for veterans and their families to allow veterans to access and maintain housing stability. VHHP units will be reserved for tenants earning under 30% and 40% AMI, but will pay rent proportional to 14.4% AMI. 2 The total includes HOME, HOME-ARP, and VHHP units.
3 HOME-ARP Unit
4 HOME-ARP Unit
5 HOME Affordable Units and (24 VHHP Units) are included in the 94 total units.

Funding Recommendation Underwriting Analysis | With guidance from HUD Technical Assistance, Housing Authority staff reviewed the applications received for eligibility, feasibility, developer capacity, market demand, and other criteria consistent with CPD Notice 15 -11. Staff identified the Union Tower Project as more ready to proceed, with its other financing sources committed and construction scheduled to start in March 2024. Staff determined that the Azuriik Project currently projects a $16 million funding shortage and has yet to apply for Low-Income Housing Tax Credits (LIHTC) . This indicates too much uncertainty to warrant the allocation of HOME funds at this time, risking funding expiration deadlines and other potential regulatory compliance issues.

Union Tower applied for and was awarded 4% LIHTC, as well as sought and received funding commitments from the County of San Diego Innovative Housing Trus t Fund (IHTF), California Housing and Community Development Infill Infrastructure Grant (IIG), Multifamily Housing Program (MHP), and Veterans Housing and Homelessness Prevention Program (VHHP). The applicant, Wakeland, is a qualified HUD Community Housing Development Organization (CHDO)6 and is eligible to be awarded the HOME CHDO funding.

A third -party consultant provided further financial analysis of the project feasibility and cost reasonableness to better inform the HOME funding recommendation. The financial analysis found that while development costs appear elevated, such costs may be the reality of the current development market due to increased construction and financing costs.

It is the Housing Authority’s opinion that the project’s total costs, resulting from competitive bidding and iterative value engineering, indicate the need for this HOME and HOME-ARP funding as gap financing.

Alignment with City Planning Documents & Community Needs | Union Tower aligns and fulfills the goals, high-priority needs, and objectives of the Plans below.

 The HUD Consolidated Plan goals and high-priority needs (1) Provide Decent and Affordable Housing and (2) Support Initiatives that Reduce Homelessness.

 Housing Element Goal #2 Encourage and facilitate the construction of new housing consistent with the City’s RHNA allocation; Goal #5 Promote and implement fair housing practices and equal access to housing opportunities for all income levels; Goal #6 Support programs for housing vulnerable and special needs populations.

 Housing Strategic Plan Objectives Objective #1 Leverage City -owned assets to support progress towards the City’s RHNA; Objective #2 Affirmatively further fair housing choice by encouraging the development of resource-rich housing; Objective #3 Expand housing choices, including homeownership opportunities, for lower - and moderate-income households. Promote mixed-income housing as opportunities allow.

As of January 2024, the City of National City Housing Authority’s Housing Choice Voucher Section 8 Program has a waitlist of 2 ,957 applicants, indicating a significant demand for additional affordable housing units that this project will provide.

AAP Amendment | To allocate HOME funding to this project, a Substantial Amendment to the 2023-2024 AAP is required.

6 A CHDO is a private non-profit, community-based organization that has staff with the capacity to develop affordable housing for the community it serves. A certified CHDO must meet certain requirements pertaining to their legal status, organizational structure, and capacity and experience. The project has also committed to paying prevailing wages.

A 30-day public comment period beginning December 15, 2023, for the Substantial Amendment was noticed via email, the City’s website, hardcopies at City Hall, and published in the Star News.

A copy of the amended AAP has been made available on the City’s website at www.nationalcityca.gov/cdbg-home, and hardcopies are available upon request at the City of National City Housing Authority (140 E 12th Street, National City 91950).

Action | This item would approve the submission of a Substantial Amendment to the 2023-2024 AAP and a conditional award of $1,500,000 HOME, HOME -ARP, and CHDO funds to Union Tower, subject to NEPA clearance, as a conditional three (3) percent simple interest loan.

FINANCIAL STATEMENT:

Allocation of $1,035,092.81 in HOME funds , $170,808.46 in CHDO funds, and $294,098.73 in HOME-ARP funds to the Union Tower Project as a conditional three (3) percent simple interest loan. After project completion, staff will collect an annual monitoring fee of $215 per unit, subject to change corresponding to Fee Schedule updates.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

Union Tower is a by -right project, exempt from CEQA. Wakeland completed a Phase I Environmental Site Assessment on the site, which revealed no evidence of recognized environmental conditions or de minimis conditions in connection with the subject property.

Wakeland is currently performing an NEPA analysis with an expected completion date of mid - February 2024

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. Published in The Star-News, on the City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Project Description
Exhibit B – Public Notice
Exhibit C - Resolution

Exhibit “A”

Union Tower Project Description

Union Tower is being developed by Wakeland Housing Development Corporation (Wakeland), a non-profit organization serving low -income communities. Union Tower is a 100% multi -family affordable housing new construction development located at 2313 F Avenue in National City.

There will be two (2) four and seven -story buildings with a total of 94 affordable housing units ranging from 30 to 60% of the County of San Diego’s Area Median Income (AMI). The Project will include adaptable features in more than half of its units (69 units total), including 15 mobility feature units and 10 communication feature units. Of the total units, 24 will be restricted to Veterans who have experienced homelessness.

Quality of Life | The Union Tower Project aims to increase equity and community sustainability by adding to the supply of quality affordable housing and catalyzing the longer -term effort to revitalize the 22-acre National City Park Apartments. The Project will offer easy access to public transit, shopping, and other community resources.

While living at Union Tower, residents will be able to participate in several on -site activities that offer opportunities for residents to reach greater levels of economic stability and personal growth.

Seeking input and guidance from residents, Union Tower will tailor meaningful and comprehensive services that meet residents' needs and interests without duplicating services already offered in the gre ater community. S ervices for all residents are designed to generate positive changes in tenants' lives , increase a tenant’s knowledge of and access to available services, maintain housing stability and eviction prevention, build life skills, increase income and assets, and improve health and well-being. Additionally, Union Tower will organize community - building and enrichment activities for tenants, e.g., holiday events, creating a tenant council, community meetings, and birthday celebrations.

Examples of services and individualized assistance include:

 Provide intake, assessment, and case management to residents with the goal of moving clients to self-sufficiency
 Linking residents to workforce opportunities and providing assistance with job searches and resume writing
 Computer training and literacy
 Financial counseling
 Afterschool homework assistance, tutoring, and mentoring  Referrals to resources and benefits
 Resources for mental and physical health and wellness  Previously unhoused veterans will be provided specialized supportive and case management services

Eco-Friendly | Energy and green building design construction elements are incorporated into the Union Tower Project to include:
 All-electric design
 High-efficiency heat pumps for heating and cooling
 Heat pump hot water heating
 High-efficiency windows
 Quality insulation
 Low Volatile Organic Compounds (Low-VOC)
 Locally procured materials.

Exhibit “A”

Parking | The Project will have 45 spaces, including five (5) Electric Vehicle Parking Spaces and 16 bicycle parking spaces. The San Diego County Building Trades Council will not utilize the Project parking spaces.

Tables of Income and Rent Restrictions by AMI Level and Bedroom Size1

Household Annual Income by Unit Size and AMI
Income Limit 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $33,100 $41,350

$62,040
2- BEDROOM $37,250 $49,600 $62,050 $74,460
3- BEDROOM $43,025

$68,900 $86,010

Household Monthly Rent by Unit Size and AMI

Monthly Rent 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $1,034 $1,550
2- BEDROOM $931 $1,242 $1,551 $1,861
3- BEDROOM $1,075 $1,724 $2,150

Housing Fund Loan Units by Unit Size and AMI

Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 9 18 18 45
2- BEDROOM 5 9 1 9 1 25
3- BEDROOM 5 10 9 24
Total Units2 19 27 11 36 1 94

HOME Affordable Units by Unit Size and AMI
Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 13 2 3
2- BEDROOM 14 1 2 4
3- BEDROOM 2 2 4
HOME Units5 2 0 3 6 0 11

1 Veterans Housing and Homelessness Prevention Program (VHHP) units are included in the Project Total Units. VHHP received a loan for affordable multifamily housing for veterans and their families to allow veterans to access and maintain housing stability. VHHP units will be reserved for tenants earning under 30% and 40% AMI, but will pay rent proportional to 14.4% AMI. 2 The total includes HOME, HOME-ARP, and VHHP units
3 HOME-ARP Unit
4 HOME-ARP Unit
5 HOME Affordable Units and (24 VHHP Units) are included in the 94 total units.

CITY OF NATIONAL CITY

NOTICE OF PUBLIC HEARING
PUBLIC HEARING FOR A SUBSTANTIAL AMENDMENT TO THE 2023-2024

ANNUAL ACTION PLAN

In accordance with the federal regulations at 24 CFR Part 91, the City of National City is required to prepare and submit a Substantial Amendment when modifying proposed projects in its Annual Action Plan for Housing and Community Development Entitlement P rograms funded by the U.S.

Department of Housing and Urban Development (HUD). The City will allocate Home Investment Partnerships (HOME) program and HOME -American Rescue Plan (HOME -ARP) funds in the amount of $1,500,000 towards the development of Union Tower, a 94 unit affordable rental housing project.

NOTICE IS HEREBY GIVEN that at a Regular Meeting to be held on Tuesday, February 6, 2024 the City Council of the City of National City will hold a public hearing to review public comments received during a 30 -day public review period which began on December 15, 2023 for the Substantial Amendment to the 2023-2024 Annual Action Plan. Interested persons and community groups have the opportunity to share their thought s regarding the proposed amendment and may review the draft Substantial Amendment available on the City’s website www.nationalcityca.gov/cdbg-home. A hardcopy of the Amendment is available upon request at the National City Housing Authority (140 E 12th Street, National City, CA 91950).

The City Council will hold the public hearing at its Regular Meeting to be held on Tuesday, February 6, 2024 at 6:00 p.m. via LIVE WEBCAST www.nationalcityca.gov/webcast in the City Council Chamber, 1243 National City Boulevard, National City, California. Written comments or testimony from the public must be submitted via e-mail to [email protected] by 2:00 P.M. on the day of the City Council Meeting.

Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting. Hearing-impaired persons, please use the CAL Relay Service Number 711.

Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.

Shelley Chapel, MMC, City Clerk
Published in the Star News January 12, 2024

CITY OF NATIONAL CITY

AVISO DE AUDENCIA PUBLICA
AUDIENCIA PÚBLICA PARA UNA ENMIENDA SUSTANCIAL AL PLAN DE ACCIÓN ANUAL 2023-2024

De acuerdo con las regulaciones federales en 24 CFR Parte 91, la Ciudad de National City está obligada a preparar y presentar una Enmienda Sustancial al modificar los proyectos propuestos en su Plan de Acción Anual para los Programas de Derechos de Vivienda y Desarrollo Comunitario financiados por el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). La Ciudad asignará fondos del programa Home Investment Partnerships (HOME) y HOME-American Rescue Plan (HOME-ARP) en la cantidad de $1,500,000 para el desarrollo de Union Tower, un proyecto de vivienda asequible de alquiler de 94 unidades.

POR LA PRESENTE SE NOTIFICA que en una reunión ordinaria que se llevará a cabo el martes 6 de febrero de 2024, el Concejo Municipal de la Ciudad de National City llevará a cabo una audiencia pública para revisar los comentarios públicos recibidos durante un período de revisión pública de 30 días que comenzó el 15 de diciembre de la Enmienda Sustancial al Plan de Acción Anual 2023-2024. Las personas interesadas y los grupos comunitarios tienen la oportunidad de compartir sus opiniones sobre la enmienda propuesta y pueden revisar el borrador de la Enmienda Sustancial disponible en el sitio web de la Ciudad www.nationalcityca.gov/cdbg-home.

Una copia impresa de la Enmienda está disponible a pedido en la Autoridad de Vivienda de National City (140 E 12th Street, National City, CA 91950).

El Concejo Municipal llevará a cabo la audiencia pública en su Reunión Ordinaria que se llevará a cabo el martes 6 de febrero de 2024 a las 6:00 p.m. a través de TRANSMISIÓN EN VIVO POR INTERNET www.nationalcityca.gov/webcast en la Cámara del Concejo Municipal, 1243 National City Boulevard, National City, California. Los comentarios escritos o testimonios del público deben enviarse por correo electrónico a [email protected] antes de las 2:00 p.m. del día de la reunión del Concejo Municipal.

Cualquier persona con una discapacidad que requiera una modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario Municipal (619) 336-4228 al menos 24 horas antes de la reunión. Las personas con discapacidad auditiva pueden utilizar el número de servicio de retransmisión de CAL 711. Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario Municipal antes del comienzo de la reunión para obtener ayuda.

Shelley Chapel, MMC, City Clerk
Publicado en el Star News el 12 enero de 2024

CITY OF NATIONAL CITY

PAUNAWA NG PUBLIC HEARING
PUBLIC HEARING PARA SA SUBSTANTIAL AMENDMENT SA 2023-2024 ANNUAL

ACTION PLAN

Alinsunod sa mga pederal na regulasyon sa 24 CFR Part 91, ang Lungsod ng National City ay inaatasan na maghanda at magsumite ng Substantial Amendment kapag binago ang mga iminungkahing proyekto sa Annual Action Plan nito para sa Mga Programa sa Pabahay at Pagpapaunlad ng Komunidad na pinondohan ng U.S. Department of Housing at Urban Development (HUD). Ang Lungsod ay maglalaan ng programang Home Investment Partnerships (HOME) at HOME -American Rescue Plan (HOME -ARP) na may pondo sa halagang $1,500,000 para sa pagbuo ng Union Tower, isang 94 unit na proyektong abot-kayang paupahang pabahay.

IBIBIGAY DITO ANG PAUNAWA na sa isang Regular na Pagpupulong na gaganapin sa Martes, Pebrero 6, 2024, ang Konseho ng Lungsod ng National City ay magsasagawa ng pampublikong pagdinig upang suriin ang mga pampublikong komento na natanggap sa loob ng 30- araw na panahon ng pampublikong pagsusuri na nagsimula noong Disyembre 15, 2023 ng Substantial Amendment sa 2023-2024 Annual Action Plan. Ang mga interesadong tao at grupo ng komunidad ay magkakaroon ng pagkakataong magbahagi ng kanilang mga saloobin tungkol sa iminungkahing amendment at maaaring suriin ang draft na Substantial Amendment na makukuha sa website ng Lungsod sa www.nationalcityca.gov/cdbg-home. Ang isang hardcopy ng Amendment ay makukuha kapag hiniling sa National City Housing Authority (140 E 12th Street, National City, CA 91950).

Ang Konseho ng Lungsod ay gaganapin ang pampublikong pagdinig sa Regular na Pagpupulong nito na gaganapin sa Martes, Pebrero 6, 2024 sa ganap na 6:00 p.m. sa pamamagitan ng LIVE WEBCAST www.nationalcityca.gov/webcast sa City Council Chamber, 1243 National City Boulevard, National City, California. Ang mga nakasulat na komento o testimonya mula sa publiko ay dapat isumite sa pamamagitan ng e- mail sa [email protected] bago 2:00 p.m. sa araw ng Pagpupulong ng Konseho ng Lungsod.

Ang sinumang taong may kapansanan na nangangailangan ng akomodasyon upang makasali sa isang pulong ay dapat idirekta ang naturang kahilingan sa Opisina ng Klerk ng Lungsod (619) 336- 4228 nang hindi bababa sa 24 na oras bago ang pulong. Mga taong may kapansanan sa pandinig, mangyaring gamitin ang CAL Relay Service Number 711. Spanish Interpretation Services: Available ang Spanish Interpretation Services, mangyaring makipag- ugnayan sa Klerk ng Lungsod bago magsimula ang pulong para sa tulong.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4284.

Shelley Chapel, MMC, City Clerk
Nai-publish sa Star News Enero 12, 2023

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATION AL CITY, CALIFORNIA ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) SUBSTANTIAL AMENDMENT TO THE 2023 -2024 ANNUAL ACTION PLAN AND THE ALLOCATION OF $1,035,092.8 1 IN HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) GRANT FUNDS, $170,808.46 IN HOME -COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) GRANT FUND, AND $294,098.73 IN HOME -AMERICAN RESCUE

PLAN (HOME -ARP) GRANT FUNDS AS A CONDITIONAL LOAN TO UNION TOWER BY

WAKELAND HOUSING AND DEVELOPMENT CORPORATION

WHEREAS, as an entitlement community, the City of National City ("City'') administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and

WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan (AAP) for Housing and Community Development P rograms funded by CDBG and HOME; and

WHEREAS, the City Council approved the 2023-2024 AAP and associated funding of activities on May 2, 2023, through Resolution 2023-49; and

WHEREAS, the City Council approved the Substantial Amendment to the 2021-2022 AAP for the HOME-American Rescue Plan (HOME-ARP) Allocation Plan through Resolution 2023-27; and

WHEREAS, the City allocated $428,658.91 of HOME funds for Affordable Housing Activities Set-aside for 2022-2023 per Resolution 2022-72 and $260,587.94 for Affordable Housing Activities Set-aside for 2023-2024 per Resolution 2023-49; and

WHEREAS, City staff have identified $345,845.96 in HOME funds available for reallocation from previous projects; and

WHEREAS, per 24 CFR 92.300, a minimum 15% of annual HOME entitlement funds are required to be set aside for Community Housing Development Organizations (CHDO); and

WHEREAS, the City has set-aside CHDO funds from years 2021-2023 in the amounts of $49,248.91, $60,102.15, and $61,457.40 through Resolutions 2021-47, 2022-72, and 2023-49, respectively; and

WHEREAS, the City has made available $294,098.73 in HOME-ARP funds; and

WHEREAS, the City desires to use said available HOME, HOME-ARP, and CHDO grant funds in the total amount of $1,500,000 to assist in the development of new affordable housing.

WHEREAS, the City released a Notice of Funding Availability (NOFA) of an estimated $1.5 million in HOME and HOME-ARP funds on November 1, 2023; and

WHEREAS, of the NOFA responses received, City staff identified Unio n Tower By Wakeland Housing and Development Corporation as the most qualified project; and

WHEREAS, said $1,500,000 in grant funds will be appropriated to Union Tower assist in the development of affordable rental housing; and

WHEREAS, Union Tower is a 94-unit affordable rental and supportive housing project designed to serve residents between 30%-60% of Area Median Income (AMI); and

WHEREAS, per the federal regulations at 24 CFR Part 91, in order to allocate said funds, the City must add a new project to its 2023 -2024 A AP, which requires the preparation and submission of a Substantial Amendment; and

WHEREAS, a 30 -day public comment period beginning December 15, 2023 , for the Substantial Amendment was noticed via email, the City’s website, hardcopies at City Hall, and published in the Star News; and

WHEREAS, the City Council conducted a Public Hearing on February 6, 2024, to receive input from the public; and

WHEREAS, the City incorporate d public comments received for the Substantia l Amendment to the 2023-2024 AAP.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: The City Council authorizes the Substantial Amendment to the 2023 -2024 AAP and a conditional three (3) percent simple interest loan of $1,500,000 in HOME, HOME - ARP, and CHDO funds to Union Tower Project by Wakeland Housing and Development Corporation.

Section 2: The loan award is not final until given NEPA clearance pursuant to federal regulations 24 CFR Part 58 and all necessary loan documents are approved by the Housing Authority.

Section 3: The City Council authorizes the submission of the Substantial Amendment to the 2023-2024 AAP for the expenditure of said funds.

Section 4: The City Council authorizes the Executive Director or his designee to execute the final submission of the Substantial Amendment to the 2023-2024 Annual Action Plan, modify and execute any and all appropriate instruments, certifications, agreements, contracts, and implementing documents related to the implementation and administration of the proposed to the Substantial Amendment to the 2023-2024 Annual Action Plan to f ully implement the activities funded under said Plan, including subrecipient grant contracts and agreements, based on HUD’s appropriation to the City.

Section 5: The City Council authorizes the Executive Director or his designee to execute budget adjustments as necessary to reflect the funding allocations in the Substantial Amendment to the 2023-2024 Annual Action Plan.

Section 6: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 6th day of February 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Housing Authority
Prepared by: Angelita Palma, Housing Programs Manager Meeting Date: Tuesday, February 6, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Union Tower Project Closing Documents For the Construction and Permanent Financing for the $8M Housing Authority Loan Agreement and Related Documents.

RECOMMENDATION:

Approve the Resolution, Entitled, “Resolution of the Community Development Commission - Housing Authority of the City of National City, California, (1) Approving the Construction and Permanent Financing Loan Agreement for the Union Tower Project (“Project”), Located at 2312 F Avenue in National City, With the Borrower, Union Tower One LP, a California Limited Partnership; and (2) Authorizing the Executive Director to Execute Project Related Documents.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Resolution 2022-85

EXPLANATION:

Background | Wakeland Housing and Development Corporation’s application for the Union Tower Project (“Project”), submitted in response to the Community Development Commission - Housing Authority of the City of National City’s (“Housing Authority”) Notice of Funding Availability for Affordable Housing . On June 7, 2022 , per Resolution 2022-85, a conditional award of $8,000,000.00 was approved pending standard underwriting criteria and loan processing, including executing the loan documents at the construction loan closing . Additional background information on the Project and the NOFA can be found at www.nationalcityca.gov/HA-PPP.

Project Description | Union Tower is being developed by Wakeland Housing Development Corporation (Wakeland), a non-profit organization serving low-income communities. Union Tower is a 100% multi -family affordable housing new construction development located a t 2312 F Avenue in National City. There will be two (2) four and seven-story buildings with a total of 94 affordable housing units ranging from 30 to 60% of the County of San Diego’s Area Median Income (AMI). The Project will include adaptable features in more than half of its units (69 units total), including 15 mobility feature units and 10 communication feature units. Of the total units, 24 will be restricted to veterans who have experienced homelessness.

Tables of Income and Rent Restrictions by AMI Level and Bedroom Size1

Household Annual Income by Unit Size and AMI
Income Limit 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $33,100 $41,350

$62,040
2- BEDROOM $37,250 $49,600 $62,050 $74,460
3- BEDROOM $43,025

$68,900 $86,010

Household Monthly Rent by Unit Size and AMI

Monthly Rent 30% AMI 40% AMI 50% AMI 60% AMI
1- BEDROOM $1,034 $1,550
2- BEDROOM $931 $1,242 $1,551 $1,861
3- BEDROOM $1,075 $1,724 $2,150

Quality of Life | The Union Tower Project aims to increase equity and community sustainability by adding to the supply of quality affordable housing and catalyzing the longer-term effort to revitalize the 22-acre National City Park Apartments. The Project will offer easy access to public transit, shopping, and other community resources.

While living at Union Tower, residents will be able to participate in several on -site activities that offer opportunities for residents to reach greater levels of economic stability and personal growth.

Seeking input and guidance from residents, Union Tower will tailor meaningful and comprehensive services that meet residents' needs and interests without duplicating services already offered in the greater community . Services for all residents are designed to generate positive changes in tenants' lives , increase a tenant’s knowledge of and access to available services, maintain housing stability and eviction prevention, build life skills, increase income and assets, and improve health and well-being. Additionally, Union Tower will organize community - building and enrichment activities for tenants, e.g., holiday events, creating a tenant council, community meetings, and birthday celebrations.

Examples of services and individualized assistance include:

 Provide intake, assessment, and case management to residents with the goal of moving clients to self-sufficiency
 Linking residents to workforce opportunities and providing assistance with job searches and resume writing
 Computer training and literacy
 Financial counseling
 Afterschool homework assistance, tutoring, and mentoring  Referrals to resources and benefits
 Resources for mental and physical health and wellness  Previously unhoused veterans will be provided specialized supportive and case management services

1 Veterans Housing and Homelessness Prevention Program (VHHP) units are included in the Project Total Units. VHHP received a loan for affordable multifamily housing for veterans and their families to allow veterans to access and maintain housing stability. VHHP units will be reserved for tenants earning under 30% and 40% AMI, but will pay rent proportional to 14.4% AMI.

Eco-Friendly | Energy and green building design construction elements are incorporated into the Union Tower Project to include:
 All-electric design
 High-efficiency heat pumps for heating and cooling
 Heat pump hot water heating
 High-efficiency windows
 Quality insulation
 Low Volatile Organic Compounds (Low-VOC)
 Locally procured materials.

Parking | The Project will have 45 spaces, including five (5) Electric Vehicle Parking Spaces and 16 bicycle parking spaces. The San Diego County Building Tra des Council will not utilize the Project parking spaces.

Funding | The total Project costs are estimated at $80,507,737. Funding sources include:
 Low-Income Housing Tax Credit (LIHTC)
 California Department of Housing and Community Development (HCD) Infill Infrastructure Grant Program (IIG)
 HCD Multifamily Housing Program (MHP)
 HCD Veterans Housing and Homelessness Prevention Program (VHHP)  San Diego County Innovative Housing Trust Fund (IHTF)  Project Based Vouchers (PBV)
 Private Loans
 Deferred Developer Fee
 National City Housing Fund Loan
 HUD HOME and HOME-American Rescue Plan (HOME-ARP) Loan (if approved by City Council on February 6, 2024)

Per Resolution 2022-85 a standard underwriting analysis was conducted by staff with guidance from HUD Technical Assistance. A third-party consultant conducted a separate financial analysis of the project feasibility and cost reasonableness. The financial analysis found that while development costs appear elevated, such costs may be the reality of the current development market due to increased construction and financing costs. Project feasibility, developer capacity, market demand, and other criteria were also identified by staff and the consultant. The Union Tower Project is ready to proceed, with its other financing sources committed and construction scheduled to start in March 2024 . The Project will be in a position to meet funding expiration deadlines and other potential regulatory compliance issues. It is the Housing Authority’s opinion that the project’s total costs, resulting from competitive bidding and iterative value engineering, indicate the need for Housing Authority Loan, HOME, and HOME-ARP funding.

HUD Funding | At the City Council Meeting on February 6, 2024, a Public Hearing will be held for the Project to receive additional gap funding. Staff recommends the adoption of a resolution entitled, “Resolution of the City Council of the City of National City, California adopting the U.S Department of Housing and Urban Development (HUD) Substantial Amendment to the 2023-2024 Annual Action Plan and the allocation of $1,035,092.82 in Home Investment Partnerships Program (HOME) grant funds, $170,808.46 in HOME -Community Housing Development Organization (CHDO)2 grant fund, and $294,098.73 in HOME -American Rescue Plan (HOME - ARP) grant funds as a conditional loan to Union Tower by Wakeland Housing and Development Corporation.” The City Council may approve or deny a total of $1,500,000.00 in HUD funds subject to the NEPA analysis.

2 A CHDO is a private non-profit, community-based organization that has staff with the capacity to develop affordable housing for the community it serves. A certified CHDO must meet certain requirements pertaining to their legal status, organizational structure, and capacity and experience. The project has also committed to paying prevailing wages.

Loan Terms | The Housing Fu nd Loan and HOME and HOME-ARP Loan (“HOME Loan”) are conditioned by the Housing Authority in part upon the recordation of the Regulatory Agreement setting forth certain restrictions upon the use and sale of the Property.

The Housing Fund Loan is a three percent (3%) simple interest, restricted for a 55-year term, except in the event of a default under the Note or any of the Loan Documents. The Note is made pursuant to the Loan Agreement and the Deed of Trust, to be recorded in the Office of the County Recorder of San Diego County.

The HOME Loan is a three percent (3%) simple interest loan, restricted for a 55-year term under the HOME and HOME -ARP Programs commencing on the date all relevant Project completion data is entered into the HUD Integrated Disbursement and Information System. The HOME Loan and Promissory Note are listed as Exhibits “A” and “G” respectively of the Construction and Loan Financing Agreement (Exhibit “B”).

Affordable Units | The Regulatory Agreement will restrict the Affordable Units in accordance with the requirements of the funding sources and covenants and restrictions. The Regulatory Agreement will become effective when recorded through January 15, 2080. Union Tower will have one (1) manager’s unit and ninety-three (93) residential affordable units (“Affordable Units”). Nine (9) of the 93 affordable units will be floating3 HOME Affordable Units (“HOME Affordable Units”), two (2) will be HOME -ARP Affordable Units, and the re maining unit will be the unrestricted manager’s unit (collectively the “Project”).

Tables of Unit Types by Funding Sources
The restrictions in the table below establish the maximum rental rate, adjusted for household size appropriate for the unit.

Housing Fund Loan Units by Unit Size and AMI

Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 9 18 18 45
2- BEDROOM 5 9 1 9 1 25
3- BEDROOM 5 10 9 24
Total Units4 19 27 11 36 1 94

HOME Affordable Units by Unit Size and AMI
Unit Type 30% AMI 40% AMI 50% AMI 60% AMI Manager Total 1- BEDROOM 15 2 3
2- BEDROOM 16 1 2 4
3- BEDROOM 2 2 4
HOME Units 2 0 3 6 0 11

3 Floating HOME Units are defined as “floating” because the units designated as HOME -assisted may change over time as long as the total numb er of HOME-assisted units in the project remains constant. For example, when the gross income of a tenant who occupies a HOME Affordable Unit exceeds the amount allowed by the rent and income restriction criteria, the next available comparable-sized and configured unit will be designated as a HOME Affordable Unit. 4 HOME Affordable Units are included in the 94 total units & 24 VHHP Units 5 HOME-ARP Unit
6 HOME-ARP Unit

HOME Housing Unit Terms| HOME Units must be restricted at 50% and 60% of the area median income for the rent and occupancy restrictions applicable to the 9 Floating HOME Affordable Units. The HOME-ARP Affordable Units will be reserved for HOME-ARP qualifying populations.

Tax Credit Funds | The Project’s finance includes the issuance o f bonds by the California Municipal Finance Authority in the amount of $35,823,312. The funds will be used to finance and refinance the acquisition, construction, development , and equipping of a 9 4-unit qualified residential rental project, which guarantees that the income and rent will remain restricted for a period of 55 years.

Density Bonus Agreement | The Developer has proposed to construct and restrict the rent and occupancy of 69 residential dwelling units (“Affordable Units”) to very low-income households in exchange for a density bonus (“Density Bonus”) for 55 years. The Developer is recei ving incentives and concessions pursuant to and in accordance with the requirements of Government Code 65915.

The incentives and concessions are:
1) To provide a five-foot exterior setback from the new lot line; 2) No private open space7;
3) No Balconies; and
4) Relief from unit storage requirements per NC Municipal Code 18.42.070.7

San Diego County Bui lding Trades Council (SDCBTC) | SBCBTC is the site owner and will provide a long -term lease to the limited partnership. SDCBTC will lease and pay rent for the seventh floor and patio. There will not be any residential units or common areas on the seventh floor. SDBTC will fund the total amount of the construction costs into an escrow account , which will be used each month to pay the construction contractor’s invoices. SDCBTC will reimburse Wakeland at closing for all soft costs related to the SDCBTC space. Affordable housing funds are not being used for the SDCBTC space. SDCBTC staff will not park on the Project site.

Alignment with City Planning Documents & Community Needs | Union Tower aligns and fulfills the goals, high-priority needs, and objectives of the Plans below.

 The HUD Consolidated Plan goals and high-priority needs (1) Provide Decent and Affordable Housing and (2) Support Initiatives that Reduce Homelessness.  Housing Element Goal #2 Encourage and facilitate the construction of new housing consistent with the City’s RHNA allocation; Goal #5 Promote and implement fair housing practices and equal access to housing opportunities for all income levels; Goal #6 Support programs for housing vulnerable and special needs populations.  Housing Strategic Plan Objectives Objective #1 Leverage City -owned assets to support progress towards the City’s RHNA; Objective #2 Affirmatively further fair housing choice by encouraging the development of resource-rich housing; Objective #3 Expand housing choices, including homeownership opportunities, for lower - and moderate-income households. Promote mixed-income housing as opportunities allow.

As of January 2024, the City of National City Housing Authority’s Housing Choice Voucher Section 8 Program has a waitlist of 2 ,957 applicants, indicating a significant demand for additional affordable housing units that this project will provide.

7 Common open space is approximately 28,545 SF

Staff Recommendation | Staff recommends that the Housing Authority’s Board approve the Construction and Permanent Financing Loan Agreement (Agreement) and “Exhibits A-G” to the Agreement (Exhibit “B”) and authorize signing authority to the Executive Director or his designee to execute the Agreement and Exhibits “A -G” (Exhibit “B”) and related documents including but not limited to subordinations approved by the Housing Authority’s General Counsel.

FINANCIAL STATEMENT:

Resolution 2022-85 appropriated $8,000,000 of Housing Authority Funds to the Union Tower Affordable Housing Project, Housing Authority Fund account number 50 1-419-462-650-9171.

After project completion, staff will collect an annual monitoring fee of $215 per unit, subject to change corresponding to Fee Schedule updates.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

Union Tower is a by -right project, exempt from CEQA. Wakeland completed a Phase I Environmental Site Assessment on the site , which revealed no evidence of recognized environmental conditions or de minimis conditions in connection with the subject property.

Wakeland is currently performing an NEPA analysis with an expected completion date of mid - February 2024.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of the meeting date and time in accordance with the Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Resolution 2022-85
Exhibit B – Construction and Permanent Financing Loan Agreement & Exhibits “A-G” Exhibit C - Resolution

Construction and Permanent Financing
Loan Agreement (Union Tower) &
List of Exhibits

Exhibit Descrip�on
“A” Affordable Housing Density Bonus Agreement (Union Tower) “B” Regulatory Agreement (Union Tower) – The Property Descrip�on is missing. “C” Promissory Note (Union Tower-HOME Funds)
“D” Deed of Trust (Union Tower)
“E” Security Agreement (Union Tower)
“F” Unsecured Environmental Indemnity Agreement (Union Tower) “G” Promissory Note (Union Tower-Housing Authority Housing Fund)

1 CONSTRUCTION AND PERMANENT FINANCING

LOAN AGREEMENT
(Union Tower)

THIS CONSTRUCTION AND PERMANENT FINANCING LOAN AGREEMENT (“Agreement”) is dated as of the __ day of February, 2024, by and between Union Tower One LP, a California limited partnership (“Borrower”), and the City of National City (“City”) and the Community Development Commission-Housing Authority of the City of National City (“Housing Authority”). The City and Housing Authority may be referred to collectively herein as the (“Lender”).

RECITALS

A. Concurrently herewith, Borrower is acquiring a leasehold interest that certain parcel of real property generally located at 2313 F Street in National City, California (“Property”).

Borrower’s construction of the Project, as defined in Recital B, below, will be financed by Borrower in part using: (i) a loan from the Housing Authority in the original principal amount of up to Eight Million and No/100 Dollars ($8,000,000.00) (“Housing Authority Loan”); and (ii) a loan from the City in the original principal amount of up to One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) (“HOME and HOME-ARP Loan”). The Housing Authority Loan is being funded entirely with funds from the Housing Authority Housing Fund. The HOME and HOME -ARP Loan is being funded with One Million Two Hundred Five Thousand Nine Hundred One and 27/100 Dollars ( $1,205,901.27) in United States Department of Housing and Urban Development HOME Investment Partnerships Program (HOME) funds and Two Hundred Ninety Four Thousand Ninety Eight and 73/100 Dollars ( $294,098.73) in HOME American Rescue Plan Program (HOME-ARP) funds.

B. Borrower intends to construct two (2) new multifamily affordable housing towers (of which one will be a four -story building and the other will be a seven -story building), which shall include an aggregate of ninety- three (93) Affordable Units, as defined below , and one (1) unrestricted manager’s unit, office space consisting of the entire seventh floor of the seven- story building, and 45 parking spaces (collectively, the “Project”). The Project is to be operated as low income housing. The ninety-three (93) Affordable Units shall be rent and occupancy restricted as set forth in the Regulatory Agreement for fifty-five (55) years as required by the Lender. The HOME and HOME -ARP Loan shall be governed by all ARPA Regulations (31 C.F.R. Part 35) and HUD Home Investment Partnerships Program Regulations (24 C.F.R. Part 92), whether or not specifically referenced in this Agreement or the Regulatory Agreement and shall fund only project costs as set forth in 24 C.F.R. 92.206. Nine (9) of the Affordable Units shall be floating HOME Units and two (2) of the Affordable Units shall be floating HOME -ARP Units which shall be restricted under the HOME and HOME -ARP programs for a period of twenty (20) years as referenced in the Regulatory Agreement. Provided, however, during the remaining thirty-five (35) years, the Affordable Units that were restricted under the HOME and HOME-ARP Programs will continue to be rent-restricted and occupancy-restricted as referenced in the Regulatory Agreement.

The obligations of the Borrower under the Regulatory Agreement shall be independent of, and in addition to, Borrower’s obligations under this Agreement, and repayment of the Housing Authority

2 Loan and HOME and HOME-ARP Loan shall not terminate or otherwise affect the affordability restrictions set forth in the Regulatory Agreement . In addition, in order to comply with Section 504 of the Rehabilitation Act of 1973, five (5 ) of the Affordable Units shall be fully handicap accessible and two (2) of the Affordable Units shall incorporate features for the visually and hearing impaired, which units may be designed to serve both accessibility and visual and hearing requirements in one unit.

C. Borrower intends to finance the Project with: (i) first lien priority tax -exempt construction loan from JP Morgan Chase Bank, N.A., in the original principal amount of approximately $46,000,000.00 (“Construction Loan”) derived from the proceeds of the Multifamily Housing Revenue Bonds ; (ii) first lien priority taxable permanent loan from JP Morgan Chase Bank, N.A., in the original principal amount of approximately $4,000,000.00 (“Permanent Loan”); (iii) the Housing Authority Loan; (iv) a permanent loan from the California Department of Housing and Community Development Veterans Housing and Homelessness Prevention Program in the original principal amount of $7,003,410.00 (“HCD VHHP Loan”); (v) a permanent loan from the California Department of Housing and Community Development Multifamily Housing Program in the original principal amount of $4,524,400.00 (“HCD MHP Loan”); (vi) a loan from the County of San Diego Health and Human Services Agency of Innovative Housing Trust Funds in the original principal amount of approximately $3,500,000.00 (“County Loan”); (vii) the HOME and HOME -ARP Loan; (vii) funding from an affiliate of the Borrower’s administrative general partner in the approximate amount of $1,124,809.00 (“Trades Council Funds”) for use developing the commercial office space; (viii) deferral of a portion of the Borrower’s developer fee in the approximate amount of $1,600,000.00 (“Deferred Developer Fee”); (ix) capital contribution or sponsor loan from Borrower’s general partner in the amount of $6,188,250.00; (x) an aggregate of approximately $31,824,876.00 of equity generated from an allocation of Federal 4% tax credits contributed to Borrower by Borrower’s limited partner (“Tax Credit Equity”) ; and (xi) loans from the sponsor of Borrower’s managing general partner of California Department of Housing and Community Development of Infill Infrastructure Grant Multifamily Housing Program funds in the original principal amount of $5,430,084.00 and grant funds from the California Energy Commission Build grant funds in the original principal amount of $454,704.00 (collectively, the “GP Loan”); and (xii) a loan from the sponsor of the Borrower’s managing general partner (the “Interim Sponsor Loan”) . This Agreement is being executed in connection with, and Lender ’s obligation to make the Housing Authority Loan and HOME and HOME-ARP Loan are contingent on, the Borrower closing on the Construction Loan, GP Loan , Interim Sponsor Loan, Trades Council Funds and County Loan and the Borrower obtaining commitments for the Permanent Loan , HCD VHHP Loan , HCD MHP Loan and Tax Credit Equity.

D. The Housing Authority Loan shall be evidenced by the Housing Authority Note.

The Housing Authority Note shall have a 55 -year term , shall bear interest at the rate of three percent (3%) simple interest per annum and will be repayable via annual payments equal to 17.37% of the Project’s residual receipts on the terms and conditions set forth in the Housing Authority Note. The HOME and HOME -ARP Loan shall be evidenced by the HOME and HOME -ARP Note. The HOME and HOME-ARP Note shall have a 55-year term, shall bear interest at the rate of three percent (3%) simple interest per annum and will be repayable via annual payments equal

3 to 17.37% of the Project’s residual receipts on the terms and conditions set forth in the HOME and HOME-ARP Note. Residual receipts shall be allocated first to the Housing Authority Loan until paid in full, then to the HOME and HOME-ARP Loan until paid in full.

E. The Project shall be constructed in accordance with all applicable law, rules, regulations and conditions of approval from the U.S. Department of Housing & Urban Development (“HUD”), the City of National City , the various lenders involved with the Project and the requirements of this Agreement. 24 C.F.R. Section 92.504 requires the City to enter into a written agreement prior to disbursing any HUD HOME and HOME-ARP funds. This Agreement is intended to be the written agreement required by 24 C.F.R. Sec tion 92.504. The Housing Authority Loan and HOME and HOME-ARP Loan shall be used to fund costs associated solely with the residential portion of the Property. No Housing Authority Loan or HOME and HOME- ARP Loan funds may be expended with respect to any commercial portion of the Property or the operation thereof . Completion of Construction (as defined below) shall be achieved and the Project shall be placed “in service” as that term is used for purposes of Section 42 of the Internal Revenue Code of 1986, on or before December 31, 2026. Time is of the essence. The residential units in the Project shall be or have been 100% occupied on or before March 31, 2027.

NOW, THEREFORE, in furtherance of the recitals stated above, the mutual covenants set forth below, the parties agree, promise and declare as follows:

DEFINITIONS

The following terms shall have the meanings set forth below:

“Affordable Units” means the ninety-three (93) dwelling units that shall be constructed by Borrower on the Property, the rent and occupancy of which shall be restricted for fifty- five (55) years as set forth in the Regulatory Agreement.

“Agreement” means this Construction and Permanent Financing Loan Agreement.

“Borrower” means Union Tower One LP, a California limited partnership . Nothing contained herein shall prohibit Borrower from changing its name provided that, except as expressly permitted herein, there is no change in the composition and make-up of the partners of Borrower, without the prior written consent of Lender, except for Permitted Transfers.

“City” means the City of National City.

4 “Closing” means the Borrower’ s closing on the Housing Authority Loan, HOME and HOME-ARP Loan, Construction Loan, Interim Sponsor Loan, GP Loan Trades Council Funds and County Loan, which shall occur concurrently.

“Completion of Construction” shall occur upon the filing or the issuance by the building official of the City of a temporary certificate of occupancy for all units within the Project, including the eleven (11) floating HOME and HOME-ARP Affordable Units.

“Construction Loan” means the first lien priority tax-exempt and taxable construction loans to the Borrower from JP Morgan Chase Bank, N.A., in the original principal amount of not more than $46,000,000.00 (“Construction Loan”) derived from the proceeds of Multifamily Housing Revenue Bonds. At conversion, the tax-exempt construction loan will be paid off and the taxable Permanent Loan will be funded.

“Cost Certification” means the audited certification prepared by a Certified Public Accountant under generally accepted accounting principles with all disclosures and notes, as required by Title 4 California Code of Regulations Section 10322. The Cost Certification shall reflect all costs, expenditures and funds used for the project, as identified by the certified public accountant, up to the date the Project is placed “in service” (as such term is used in 26 U.S.C. §42) and include a CTCAC provided sources and uses form reflecting actual total costs incurred up to the date the Project is placed “in service” (as such term is used in 26 U.S.C. §42).

“County Loan” means the construction and permanent financing loan to the Borrower from the County of San Diego Health and Human Services Agency of Innovative Housing Trust Funds in the original principal amount of $3,500,000.00.

“Deferred Developer Fee” means that portion of the Developer Fee which will be deferred for payment from cash flow from the Project, which shall not exceed the amount permitted in Section 1.21 of this Agreement, without the written consent of Lender which may be granted or withheld in the discretion of the Lender.

“Environmental Indemnity Agreement” means an unsecured environmental indemnity agreement, in a form and format approved by the Lender in the Lender ’s sole discretion, which shall be executed by the Lender and Borrower at the Closing.

“Escrow” means the escrow depository and disbursement services to be performed by the Escrow Agent pursuant to the provisions of this Agreement.

“Escrow Agent” means Cheryl Greer, Commonwealth Land Title Company.

“Escrow Instructions” means the Escrow Instructions being delivered by the Lender to Escrow Agent concurrently with the delivery of this Agreement to Escrow Agent.

5 “Excess Funds” shall have the meaning set forth in Section 1.1(a), below.

“GP Loan” means the loan to Borrower from the sponsor of Borrower’s managing general partner of California Department of Housing and Community Development of Infill Infrastructure Grant Multifamily Housing Program funds in the original principal amount of $5,430,084.00.

“Hazardous Materials” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term “Hazardous Materials” shall not include substances typically used in the ordinary course of developing, operating and maintaining apartment complexes in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws.

“HCD MHP Loan” means the permanent loan to Borrower from the California Department of Housing and Community Development Multifamily Housing Program in the original principal amount of $4,524,400.00.

“HCD VHHP Loan” means the permanent loan to Borrower from the California Department of Housing and Community Development Veterans Housing and Homelessness Prevention Program in the original principal amount of $7,003,410.00.

“HOME and HOME -ARP Loan” means the loan to Borrower from the City of U.S.

Department of Housing and Urban Development HOME and HOME -ARP funds in the original principal amount of $1,500,000.00.

“HOME and HOME-ARP Note” means a promissory note, in a form and format approved by the City in the City’s sole discretion, evidencing the HOME and HOME-ARP Loan, executed by Borrower in favor of the City at Closing.

“Housing Authority” means the Community Development Commission- Housing Authority of the City of National City.

“Lender Deed of Trust” means the leasehold deed of trust securing the Housing Authority Loan and the HOME and HOME -ARP Loan, in a form and format approved by the Housing Authority in the Housing Authority’s sole discretion, which shall be recorded as an encumbrance against the leasehold interest in the Property prior to the Lender funding any portion of the Housing Authority Loan or HOME and HOME-ARP Loan.

6 “Housing Authority Loan” means the construction and permanent financing loan from Housing Authority to Borrower in the original principal amount of up to Eight Million and No/100 Dollars ($8,000,000.00).

“Housing Authority Note” means a promissory note, in a form and format approved by the Housing Authority in the Housing Authority’s sole discretion, evidencing the Housing Authority Loan, executed by Borrower in favor of the Housing Authority at Closing.

“Partnership Agreement” means the Amended and Restated Agreement of Limited Partnership of Borrower, dated substantially concurrently herewith.

“Permanent Loan” means the first lien priority permanent loan to Borrower financed by taxable funds from JP Morgan Chase Bank, N.A., in the original principal amount of approximately than $4,000,000.00.

“Permitted Transfer” means: (a) a conveyance of a security interest in the Property , the Project, or a general partner interest in Borrower, or any combination thereof , in connection with any loan permitted hereunder; (b) the issuance of partnership interests in Borrower equal to 99.99% of the profits, losses, credits, distributions and other interest in Borrower to Hudson Union Tower One LP, a Delaware limited partnership, and to Hudson-FM SLP LLC, a Delaware limited liability company, which entities are the investment partner and special limited partners, respectively, of Borrower described in Borrower’s Partnership Agreement ; (c) the transfer by any of the Borrower’s limited partners of their interests in the Borrower to an affiliate of the limited partner; or to any other entity directly or indirectly controlled by Hudson Housing Capital LLC (together with its successors, the “Investor Sponsor”), or an affiliate thereof; ( d) a change in the beneficial ownership of any of the Borrower’s limited partners so long as such entities remain directly or indirectly controlled by the Investor Sponsor, or an affiliate thereof; ( e) the removal and replacement of the Borrower’s general partner by a limited partner or an affiliate of the limited partner of the Borrower pursuant to the Borrower’s Partnership Agreement; (f) any grant of easement or public dedication made in connection with the approved plans and specifications for the Project; (g) the transfer of the Property, the Project, or Borrower’s limited partners interest in Borrower to an affiliate of one or more of Borrower’s general partners pursuant to a right of first refusal, purchase option or put option under Borrower’s Partnership Agreement ; (h) the sublease of the office space to be located on the seventh floor of one of the buildings in the Project pursuant to the commercial lease for the same; and/or (i) the lease for occupancy of all or any Affordable Unit or of the 7
th floor commercial space.

“Project” means the two (2) new multifamily affordable housing towers and other improvements to be constructed by the Borrower on the ground leasehold interest in the Property (of which one will be a four -story building and the other will be a seven -story building), which shall include an aggregate of ninety- three (93 ) Affordable Units, as defined above, one (1) unrestricted manager’s unit, office space consisting of the entire seventh floor of the seven- story building, and 45 parking spaces. The Project is to be operated as low income housing.

7 “Property” means that certain parcel of real property commonly known as 2313 F Street, National City, California.

“Regulatory Agreement” means a regulatory agreement, in a form and format approved by the Lender in the Lender’s sole discretion, which shall restrict the rent and occupancy of all of the ninety-three (93 ) Affordable Units for fifty -five (55) years as set forth in the Regulatory Agreement. The Regulatory Agreement shall require Borrower to pay an annual occupancy monitoring fees imposed by the Lender.

“Security Agreement” means a Security Agreement, in a form and format approved by the Lender in the Lender ’s sole discretion, which shall be executed by the Lender and Borrower at Closing.

“Tax Credit Equity” means approximately $31,824,876.00 in the aggregate of equity generated from an allocation of Federal 4% tax credit s to be contributed to Borrower by the Borrower’s limited partner, subject to upwards and/or downwards adjustment pursuant to the terms and conditions of the Partnership Agreement.

“Trades Council Funds” means the funding to Borrower from Borrower’s administrative general partner or its affiliate in the approximate amount of $1,023,977.00 to be used to construct the office space on the 7
th floor of one of the buildings in the Project.

ARTICLE I

Loan Provisions - General

Section 1.1 Construction and Permanent Financing Loan. The Lender will fund the Housing Authority Loan and the HOME and HOME -ARP Loan to Borrower according to and upon the terms and conditions set forth in this Agreement . The proceeds of the Housing Authority Loan and the HOME and HOME -ARP Loan shall be used by Borrower solel y to construct and permanently finance the Project, in accordance with all applicable HUD HOME and HOME-ARP regulations.

(a) Loan Amounts. The amount of the Housing Authority Loan shall not exceed Eight Million and No/100 Dollars ($8,000,000.00). The amount of the HOME and HOME-ARP Loan shall not exceed One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00). In the event the aggregate amount of the various permanent financing sources exceeds the uses of funds for the Project as evidenced by the final Cost Certification (“Excess Funds”), then, subject to the rights of senior lenders, those Excess Funds shall be used in the following order: (i) to fund excess development costs or the repayment of any outstanding general partner loans made to fund excess development costs, (ii) to make any necessary adjustment to the total tax credit allocation as may be required by California Tax Credit Allocation Committee, and (iii) to pay any remaining and unpaid Deferred Developer Fee and any outstanding Interim Sponsor Loan (which Interim Sponsor Loan may also be repaid during the construction period to the extent that the Borrower receives additional soft-debt financing); (iv) 17.37% to pay down the principal balance of the Housing

8 Authority Loan plus an additional amount to pay down other soft loans as may be required by such lenders in proportion to their respective loan amounts and permitted by the California Department of Housing and Community Development Uniform Multifamily Regulations.. Borrower shall provide to the Lender copies of the preliminary Cost Certification and the final Cost Certification prepared by an independent accounting firm not later than five (5) business days after the same are completed and received in their final form approved by Borrower.

(b) Promissory Notes.

(1) The Housing Authority Loan shall be evidenced by the Housing Authority Note executed by Borrower, in favor of Housing Authority, in the original principal amount of up to Eight Million and No/100 Dollars ($8,000,000.00) . The HOME and HOME-ARP Loan shall be evidenced by the HOME and HOME-ARP Note executed by Borrower, in favor of City, in the original principal amount of up to One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00). Prior to the timely C ompletion of C onstruction of the Project , t he Housing Authority Loan, the Housing Authority Note, HOME and HOME -ARP Loan and HOME and HOME-ARP Note shall be fully recourse to Borrower. Upon placement of the Project “in service”, as that term is used for purposes of Section 42 of the Internal Revenue Code of 1986, each of the Housing Authority Loan, the Housing Authority Note, HOME and HOME-ARP Loan and HOME and HOME-ARP Note shall be non-recourse to Borrower.

(2) The Housing Authority Note and HOME and HOME-ARP Note shall each bear simple interest at three percent (3%) per annum from the dates of disbursement . Annual payments on the Housing Authority Note and HOME and HOME -ARP Note shall be due in accordance with the Housing Authority Note and HOME and HOME -ARP Note, respectively.

The first payment shall be due on or before May 31, 2027 (for calendar 2026). All principal and unpaid interest on the Housing Authority Note and HOME and HOME-ARP Note shall be due and payable to the Housing Authority on December 31, 2081. Payments under the Housing Authority Note and HOME and HOME-ARP Note shall be payable from residual receipts as set forth therein, provided, however, that residual receipts shall be allocated first to the Housing Authority Note until paid in full, then to the HOME and HOME-ARP Note until paid in full. The residual receipts shall be calculated as specifically set forth in the Housing Authority Note and HOME and HOME- ARP Note. The principal and interest evidenced by the Housing Authority Note and HOME and HOME-ARP Note may be prepaid in whole or in part at any time and from time to time, without notice, premium or penalty. Any prepayment shall be allocated first to unpaid interest and then to principal. The obligations of Borrower under the Regulatory Agreement shall be independent of, and in addition to, Borrower’s obligations under this Agreement, and repayment of the Housing Authority Note and HOME and HOME -ARP Note shall not terminate or otherwise affect the Regulatory Agreement.

9 (3) Should Borrower agree to or actually sell, convey, transfer, further encumber or dispose of the ground leasehold interest in the Property or any interest in the same, except Permitted Transfers hereunder, without first obtaining the written consent of the holders of the Housing Authority Note and HOME and HOME -ARP Note (i.e., the Lender), which consent shall be granted or withheld at the reasonable discretion of the holders of the Housing Authority Note and HOME and HOME -ARP Note, then all obligations s ecured by the Housing Authority Note and HOME and HOME -ARP Note may be declared due and payable at the option of the holders of the Housing Authority Note and HOME and HOME -ARP Note, provided, however, that the holder s of the Housing Authority Note and HOME and HOME -ARP Note has already consented to the encumbrances against the ground leasehold interest in the Property reflected in the policy of title insurance issued in favor of the holder of the Housing Authority Note and HOME and HOME-ARP Note concurrently herewith which is more particularly described in the Escrow Instructions. The consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. The Regulatory Agreement shall remain in place for its term of fifty-five (55) years whether or not Housing Authority approves or disapproves a successor-in-interest.

Section 1.2 - Security.

(a) Lender Deed of Trust . Upon the close of Escrow, Borrower shall execute, acknowledge, deliver and cause the Lender Deed of Trust to be recorded against the ground leasehold interest in the Property as security for the Housing Authority Loan and HOME and HOME-ARP Loan. A copy of this Agreement shall not be attached to and recorded as part of the Lender Deed of Trust but any breach of or misrepresentation under this Agreement shall, upon the expiration of any applicable notice and cure period(s), constitute an event of default under the Lender Deed of Trust. At Closing the Lender Deed of Trust shall be recorded in a position superior and prior to all encumbrances on the ground leasehold interest in the Property, except that the same may be subordinated to: (i) the deeds of trust and instruments securing the Construction Loan and the Permanent Loan (upon its closing and funding) , the HCD VHHP Loan and the HCD MHP Loan); (ii) the regulatory agreement s entered into with respect to any bond financing, the City approvals, the Loan, the GP Loan (which regulatory agreement is a covenant required by the California Department of Housing and Community Development in connection with the Infill Infrastructure Grant Program), HCD VHHP Loan , HCD MHP Loan and County Loan; and (iii) the exceptions to title set forth in the Escrow Instructions. Such subordinations shall be on terms and conditions acceptable to the Lender in its reasonable discretion.

(b) Additional Security . Borrower shall execute and deliver to Lender the Environmental Indemnity Agreement and the Security Agreement and such other consents, certificates, assignments and other documents or instruments as Lender may require.

10 Section 1.3 - Subsequent Financing. Except as otherwise set forth herein or the Deed of Trust, no further loan, deed of trust, or encumbrance, shall be placed by Borrower upon any portion of the ground leasehold interest in the Property, including without limitation the Project , whether by refinancing or otherwise, without first obtaining the express written consent of Lender. Any such unconsented to financing or refinancing shall constitute a material breach of this Agreement.

Further, during any Lender -approved refinancing or subsequent encumbrance, Lender shall be provided ALTA title insurance or endorsements acceptable to Lender , at the cost and expense of Borrower. Said written consent shall be at Lender ’s sole discretion. Without the express written consent of Lender such subsequent financing is void. As used in this Agreement, the approval of the Lender shall mean the approval of the City Manager of National City. In the event the Lender consents to Borrower’s refinancing, Housing Authority shall subordinate the Housing Authority Loan and HOME and HOME-ARP Loan to the new senior lender(s).

Section 1.4 - Funding. Lender’s obligation to fund the Housing Authority Loan and HOME and HOME-ARP Loan shall be and is specifically conditioned upon Borrower closing on the Construction Loan, Interim Sponsor Loan, GP Loan, Trades Council Funds and County Loan, Borrower obtaining commitments for the Permanent Loan, HCD VHHP Loan, HCD MHP Loan and Tax Credit Equity, the Lender approving all documents with respect to the same, the Lender approving the P artnership Agreement of Borrower, the Lender approving the preliminary title reports concerning the Property, payment of all taxes due and payable on the Property, issuance of an ALTA Lender’s policy insuring the Lender Deed of Trust satisfactory to the Lender, satisfaction of all conditions precedent to Lender’s obligation to fund the Housing Authority Loan and HOME and HOME-ARP Loan contained in this Agreement, and satisfaction of those conditions set forth in Section 1.15 of this Agreement . Lender acknowledges that all of such aforementioned conditions have been satisfied or will be satisfied concurrently with Closing.

Section 1.5 - Regulatory Agreement of Covenants and Restrictions. The obligation of the Lender to make and fund the Housing Authority Loan and HOME and HOME-ARP Loan is subject to the execution, and recordation of the Regulatory Agreement against the ground leasehold interest in the Property. The Regulatory Agreement shall contain housing payment and income level restrictions for the ninety- three (93) Affordable Units for a period of fifty -five (55) years as set forth in the Regulatory Agreement and shall restrict the rent and occupancy of the nine (9) floating HOME Affordable Units and the two (2) floating HOME-ARP Affordable Units in accordance with 24 C.F.R. Section 92.252 for twenty (20) years under the HOME and HOME-ARP Programs, commencing on the date all relevant Project completion data is entered into the Department of Housing and Urban Development’s (“HUD”) Integrated Disbursement and Information System .

The Borrower shall provide the Lender with the street address and apartment number of each HOME and HOME-ARP Affordable Unit, and shall specifically identify the five (5) fully handicap accessible Affordable Units plus the two (2) Affordable Units with features for the visually and hearing impaired, no later than the time of initial occupancy. Each tenant of a floating HOME or HOME-ARP Affordable Unit shall have a written lease that complies with 24 C.F.R. Section

92.253. The monthly rental rates shall be as set forth in the Regulatory Agreement , subject to annual modification as set forth in the Regulatory Agreement . Such subordinations shall be on terms and conditions acceptable to the Lender in its reasonable discretion.

11 Section 1.6 - No Partnership or Joint Venture . The relationship between Lender and Borrower created by this Agreement shall not be one of partnership or joint venture, but rather shall be one of secured lender and borrower.

Section 1.7 - Insurance. Borrower shall take out and maintain during the term of the Regulatory Agreement, and Borrower shall cause Borrower ’s general contractor and subcontractors to take out and maintain until Completion of Construction of the Project , a commercial general liability policy in the amount of not less than $4,000,000 combined single limit policy for the general contractor and not less than $2,000,000 combined single limit policy for subcontractors, and a commercial automobile liability policy in the amount of $2,000,000 combined single limit, or such other policy limits as the Lender may approve in its discretion, including contractual liability, as shall protect the Borrower and the Lender from claims for such damages covered by the policies; the policy limits required herein may be achieved through the use of a combination of primary and umbrella/excess liability policies. Such policies shall be written on an occurrence form. Borrower shall also furnish or cause to be furnished to the Lender evidence satisfactory to the Lender that Borrower, and any contractor with whom the Borrower has contracted for the performance of work on the Project or otherwise pursuant to this Agreement, carries workers’ compensation insurance as required by law, which shall include a waiver of subrogation endorsement in favor of the Lender.

The Borrower shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the Lender setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the Lender and its respective officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed e ndorsement evidencing such additional insured status.

The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify the Lender of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination; should the insurer not be able to afford the Lender such notice, then responsibility to provide the Lender such notice shall be borne by the Borrower . Coverage provided hereunder by the Borrower shall be primary insurance and not be contributing with any insurance maintained by the Lender and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the Lender. The required certificate shall be furnished by the Borrower prior to Closing. Insurance shall be written with only insurers authorized to conduct business in California with 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 the Lender approves. 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 maintained by the California Department of Insurance and otherwise meet rating requirements set forth herein.

12 Section 1.8 - Assignability.

(a) Except for a Permitted Transfer, Borrower may not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Lender. Any assignment without the prior written consent of the Lender shall be voidable, at the election of the Lender. Further, except for a Permitted Transfer, Borrower shall not change any of its general partners nor admit new general partners without the express written consent of Lender, which shall not be unreasonably withheld.

(b) Except to the extent that changes are solely to effectuate a Permitted Transfer or for amendments that are corrective in nature, Borrower shall not amend, modify, restate, revoke or rescind its LP-1 or the Partnership Agreement of Borrower or convert to any other type of entity without the prior written consent of Lender.

Section 1.9 - General Contractor and Subcontracting. The guaranteed not to exceed construction contract, entered into by Borrower with the general contractor for the construction of the Project shall be entered into on or before the date of the Closing, and shall be subject to the prior written approval of the City Manager of National City. Borrower shall be fully responsible to the Lender for the acts and omissions of the general contractor and its subcontractors, and of persons either directly or indirectly employed by Borrower. Borrower shall cause the general contractor to name the Lender as an additional insured on all insurance required to be purchased and maintained by the general contractor. Certificates of insurance acceptable to Lender shall be filed with Lender prior to the Closing.

Section 1.10 – Borrower Liability. The Borrower shall be responsible for all injuries to persons and/or all damages to real or personal property of the Lender or others, caused by or resulting from the negligence and/or breach of this Agreement, by Borrower, Borrower’s employees, contractors, subcontractors and/or Borrower’s agents during the construction of, or arising out of, the construction of the Project and/or the breach of this Agreement, except to the extent arising from the negligence or willful misconduct of the Lender or any other Indemnified Party. Borrower shall defend and hold harmless and indemnify the Lender and all officers and employees of the same from all liabilities, causes of action, demands costs, damages, judgments, expenses and claims (collectively “Claims”) by any person resulting from the negligence and/or breach of this Agreement, by Borrower, Borrower’ s employees, contractors, subcontractors and/or Borrower’ s agents, arising out of the construction of the Project and/or the breach of this Agreement. Borrower shall defend any Claims against the Lender at the sole cost and expense of Borrower, with counsel of the indemnified party’s reasonable choosing that is also consented to by the Borrower’s insurance carrier(s) when applicable.

Section 1.11 - Ownership of Materials and Documents. Any and all sketches, drawings, tracings, field survey notes, computations, plans, details and other materials and documents prepared by or on behalf of Borrower pertaining to the Property and to which Borrower has an ownership interest shall be the property of Lender upon a default by Borrower under this Agreement , and the expiration of all applicable notice and cure period(s), and Borrower shall deliver such materials and documents to Lender whenever requested to do so by Lender. Notwithstanding the foregoing,

13 the Lender’s rights to the materials delineated in the immediately preceding sentence shall be subordinate to the rights of any senior institutional lender or the California Department of Housing and Community Development with respect to the same. Lender shall have the right to have duplicate copies of such materials and documents for their file, at the cost and expense of Lender, upon written request even if Borrower is not in default under the terms of this Agreement.

Section 1.12 - Indemnification.

(a) Environmental Indemnity. Borrower agrees to indemnify, defend and hold the City, the Housing Authority and all of their respective councilmembers, agents, officers, representatives, directors and employees ( “Indemnified Parties”) harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense, resulting from, arising out of, or based upon any of the following: (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property or the Project, or (ii) the violation, or alleged violation, of any applicable statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property or the Project. The indemnification of the Indemnified Parties by Borrower set forth in this Section 1.12 shall apply regardless of when the Hazardous Materials came to be on, under, in or about the Property or the Project, including without limitation whether the Hazardous Materials came to be on, under, in or about the Property or the Project prior to Borrower’s acquisition of an interest in the Property or the Project. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment . The indemnity provided in this Section 1.12 does not include any condition arising solely from an Indemnified Party’s property (not as a result of its remedies hereunder) or as a result of the gross negligence or affirmative acts of the Indemnified Parties. Notwithstanding anything contained in this Agreement to the contrary, Borrower’s duty to indemnify the Indemnified Parties as set forth in this Section 1.12 shall survive and remain an outstanding obligation of Borrower after termination of this Agreement.

(b) General Indemnity.

(1) Definitions.

(A) Claims. “ Claims” means any Claims as set forth in Section 1.10, above, or any and all threatened, pending or completed claims, actions, suits, proceedings, arbitrations, grand jury proceedings or investigations, damages, liabilities, injunctive relief, injuries to person or property, fines, penalties, causes of action, losses, costs, expenses and judgments whether civil, criminal, administrative or investigative, and any one or more appeals therefrom.

14 (B) Expenses. “Expenses” means fees, court costs, staff time, transcripts, reasonable fees of attorneys, reasonable fees of experts, reasonable witness fees, arbitration fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all and all other direct or indirect costs and disbursements associated with any Claims, including without limitation expenses of establishing a right to indemnification under this Section 1.12.

(C) Indemnified Parties. “Indemnified Parties” shall have the meaning set forth in Section 1.12(a), above.

(D) Liabilities. “ Liabilities” means the obligations (including an obligation incurred by way of settlement) to pay any judgment, settlement, penalty, interest, assessment, Claim, cost and fee.

(2) Indemnification. Borrower hereby agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any and all Claims incurred by or asserted against any Indemnified Party, which arise directly or indirectly, in whole, in part or in any way, from the Housing Authority Loan, HOME and HOME -ARP Loan, Regulatory Agreement , the Property, the ground leasehold interest in the Property, the Project, the Affordable Units or from any other approval or action whatsoever in connection with the Property, the ground leasehold interest in the Property or the Project, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.

(3) Payment of Liabilities and Expenses . Borrower further agrees to pay any and all Liabilities and Expenses incurred by any and all Indemnified Parties with respect to any Claims which arise directly or indirectly, in whole, in part or in any way from the Housing Authority Loan, HOME and HOME-ARP Loan, the Property, the ground leasehold interest in the Property, the Project, the Affordable Units or from any other approval or action whatsoever in connection with the Project, except to the extent of the gross negligence or willful misconduct of an Indemnified Party.

(4) Separate Rights of Action. A separate right of action hereunder shall arise each time each Indemnified Party acquires knowledge of any matters described herein. Separate and successive actions may be brought here under to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action.

(5) Right to Defend. Each Indemnified Party shall have the right, but not the obligation, to conduct its own defense with respect to any Claims and to retain legal counsel of its own choosing. Borrower shall pay for or reimburse any such Indemnified Party for any and all Expenses and Liabilities incurred by such Indemnified Party, as such Expenses and Liabilities are incurred. An Indemnified Party’s election to defend itself as provided in this Section, shall not in any way limit the Borrower’ s obligat ion to reimburse and pay for any and all Liabilities and Expenses incurred by the Indemnified Parties with respect to any Claims; provided, however, any Indemnified Party may elect in its sole discretion to demand that the Borrower defend and pay all Expenses with respect to any Claims, provided the Claims if determined adversely to such

15 Indemnified Party, would be covered by the foregoing indemnification provisions. Upon any such demand by any Indemnified Party, Borrower shall defend and pay all Expenses and Liabilities with respect to such Claims; such defense shall be at the Borrower’s sole cost and expense and by counsel reasonably approved by such Indemnified Party.

(6) Survival. Borrower’ s duty to indemnify shall survive and remain an outstanding obligation of Borrower upon the termination of this Agreement.

Section 1.13 - Termination. This Agreement and the relationship created herein shall terminate upon full satisfaction of all of Borrower ’s obligations, and those of Borrower ’s successors, if approved by the Lender, under this Agreement. The obligations of Borrower include, but are not limited to, those obligations arising under the Regulatory Agreement, the provisions of which shall survive repayment of the Housing Authority Loan and HOME and HOME-ARP Loan.

Section 1.14 - Default by Borrower.

(a) Notwithstanding anything to the contrary set forth herein, in the event of a material default by Borrower in the performance of any of the terms, covenants and conditions contained in this Agreement, the Housing Authority Note, HOME and HOME-ARP Note, the Lender Deed of Trust, the Regulatory Agreement or the Security Agreement after expiration of the cure period set forth in Section 1.14(b) or 1.14(c) hereof, or as a result of a default past any applicable notice and cure period under any prior or junior note secured by an encumbrance on the Property, the ground leasehold interest in the Property, or any portion of it, or any note or deed of trust given in conjunction herewith relating to the Property, or i n the event of the filing of a bankruptcy proceeding by or against Borrower which is not dismissed within one hundred twenty (120) days, all sums disbursed or advanced by Lender, plus interest, shall at the option of Lender immediately become due and payable and Lender shall have no obligation to disburse any further funds, or otherwise, and Lender shall be released from any and all obligations to Borrower under the terms of this Agreement. These remedies shall be in addition to any and all other rights and remedies available to Lender, either at law or in equity.

(b) If a non-monetary event of default occurs under the terms of this Agreement, the Housing Authority Note, HOME and HOME-ARP Note, the Lender Deed of Trust, the Regulatory Agreement or the Security Agreement, prior to exercising any remedies hereunder or thereunder, the Lender shall give Borrower written notice of such default indicating in reasonable detail the nature of the default. If the default is capable of being cured within ninety (90) calendar days after such notice is received or deemed received, Borrower shall have such period to effect a cure prior to exercise of remedies by the Lender. If the default is such that it is not capable of being cured within ninety (90) days in the Lender’s reasonable discretion and Borrower (i) initiates corrective action within said period, and (ii) diligently and in good faith works to effect a cure as soon as possible, then Borrower shall have such additional time as the Lender determines, in its reasonable discretion, is necessary to cure the default prior to exercise of any remedies by the Lender. If such default is not timely cured, then the Lender may proceed with all or any of its rights and remedies as set forth herein, in the Regulatory Agreement and/or the Lender Deed of Trust.

16 (c) In the event of any monetary default by the Borrower under the terms of this Agreement, the Housing Authority Note, HOME and HOME-ARP Note, the Lender Deed of Trust, the Regulatory Agreement or the Security Agreement, the Lender shall give Borrower a thirty (30) day written notice of default, during which time the Borrower shall have the ability to cure the monetary default. If the default is not timely cured, the Lender may proceed with all rights and remedies under the terms of the Housing Authority Loan or at law.

(d) Notwithstanding anything to the contrary contained herein, the Lender hereby agrees that Borrower’s limited partner s shall each have the right, but not the obligation, to cure any defaults of the Borrower hereunder, or under the Housing Authority Note, HOME and HOME- ARP Note, the Lender Deed of Trust, the Security Agreement, Regulatory Agreement, and the Lender agrees to accept cures tendered by Borrower’s limited partner s on behalf of the Borrower within the applicable cure periods set forth herein or therein.

Section 1.15 - Conditions to Lender Obligations. The obligation of Lender to make and fund the Housing Authority Loan and HOME and HOME-ARP Loan is subject to satisfaction of all of the conditions set forth in this Section 1.15, which may be satisfied concurrently with Closing.

(a) Closing on the Ground Lease . The Borrower shall have acquired, or will concurrently with the Closing acquire, the ground lease interest in the Property.

(b) Execution of Documents . This Agreement, the Housing Authority Note, HOME and HOME -ARP Note, Lender Deed of Trust , Security Agreement , Environmental Indemnity Agreement and Regulatory Agreement, fully executed by the Borrower, shall have been delivered to the Escrow Agent along with all other fully executed security documents and instruments provided for herein and/or as required by Lender.

(c) Commitment to Issue Title Policy . The Escrow Agent shall be irrevocably committed to issue and deliver to the Lender a standard f orm ALTA Lender ’s Policy of Title Insurance, insuring Lender’s security interest in the ground leasehold interest in the Property under the Lender Deed of Trust in an amount equal to the aggregate original principal amounts of the Housing Authority Loan and HOME and HOME -ARP Loan. Which ALTA Lender’s Policy of Title Insurance shall be paid for by Borrower.

(d) Compliance with Obligations . Borrower shall have strictly complied with, and performed, all terms and conditions of the documents executed by Borrower in connection with this Agreement.

17 (e) Financing. Borrower shall have closed on, or will concurrently with the Closing close on, the Construction Loan, Interim Sponsor Loan, GP Loan , Trades Council Funds and County Loan, and Borrower shall have obtained commitments for the Permanent Loan , HCD VHHP Loan, HCD MHP Loan and Tax Credit Equity, and the Lender shall have reviewed and approved all documentation with respect to the same.

(f) Partnership Agreement . The Lender shall have approved the Borrower’s partnership agreement.

(g) Borrower’s Payment of Escrow Fees . Borrower has paid an amount into Escrow, which is sufficient to pay for all costs associated with such escrow, including without limitation title fees, escrow fees, closing costs and carrying costs.

(h) Construction Contract. The guaranteed not to exceed construction contract for the Project, acceptable to Lender , shall have been executed by the Borrower and the general contractor(s).

(i) ALTA Survey. The Lender shall have approved the ALTA survey of the Property.

(j) Insurance Certificates . The Borrower shall have delivered all certificates of insurance and additional insured endorsements.

(k) Final Proforma . The Borrower shall have delivered and the Lender shall have approved the final construction closing financial proforma for the Project (the “Final Proforma”).

To the extent the Final Proforma has different amounts for the Construction Loan, Permanent Loan, Trades Council Funds, Developer Fee (including any Deferred Developer Fee), and, Project reserves, the numbers in the Final Proforma shall control over any i nconsistencies in this Agreement.

(l) NEPA Clearance. The parties agree and acknowledge that this Agreement constitutes a conditional reservation and does not represent a final commitment of HOME or HOME-ARP funds or site approval under 24 CFR Part 58 of the National Environmental Policy Act (NEPA). HOME and HOME -ARP funds constitute a portion of the funding for the Project, and a final reservation of HOME and HOME -ARP funds shall occur only upon satisfactory completion of environmental review and receipt by the City of a Release Of Funds from the U.S.

Department of Housing and Urban Development under 24 CFR Part 58 of NEPA. The obligation of City to make and fund the HOME and HOME -ARP Loan is conditioned upon the City’s determination to proceed with, modify or cancel the Project based on the results of subsequent environmental review under NEPA. By execution of this Agreement , Borrower acknowledges that Borrower has no legal claim to any amount of HOME and HOME -ARP funds to be used for the Project or Property unless and until the Property and Project receive environmental clearance under NEPA. Borrower is prohibited from undertaking or committing any funds to physical or choice-limiting actions, prior to environmental clearance under NEPA. Violation of this provision may result in denial of any HOME and HOME-ARP Loan funds to the Project

18 Section 1.16 - Borrower’s Representations and Warranties. Borrower represents and warrants to the Lender that:

(a) Borrower is a validly and lawfully formed limited partnership, is in good standing under California law and will remain such for the term of this Agreement.

(b) Execution of this Agreement, the Lender Deed of Trust, Housing Authority Note, HOME and HOME -ARP Note and all other documents executed in conjunction herewith have been duly authorized by Borrower, and such execution shall not result with the passage of time or the giving of notice or both in breach of or in acceleration of performance under any contract or document to which Borrower may be a party.

(c) All required approvals have been obtained in connection with Borrower’s execution of this Agreement, and all related agreements and documents to the effect that no breach of or acceleration of performance under any agreement or document to which Borrower is a party will result from such execution.

(d) Funds advanced by Lender pursuant to the Housing Authority Loan and HOME and HOME-ARP Loan are advanced wholly for the benefit of Borrower.

(e) The principal and interest due and payable under the Housing Authority Loan and HOME and HOME-ARP Loan are subject to the terms and conditions of this Agreement, any other security documents or instruments provided for herein.

(f) Funds advanced by Lender pursuant to the Housing Authority Loan and HOME and HOME-ARP Loan shall be used solely for the construction and permanent financing of the Project, but shall not be expended to fund construction, repairs, maintenance or the operation of any commercial portion of the Property.

(g) Any default by Borrower under the terms of this Agreement shall not relieve Borrower from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to Lender, when such inaccuracies, defects and incomplete work are due to Borrower’s fault, including the fault of Borrower’s subcontractors, agents, partners, joint venturers and employees.

(h) Borrower shall comply with the Regulatory Agreement at all times during the term of the Regulatory Agreement.

19 Section 1.17 Affordability Provisions.

(a) Execution of Regulatory Agreement . Borrower agrees to execute the Regulatory Agreement and to cause it to be recorded against the ground leasehold interest in the Property, assuring compliance with the affordability provisions of this Agreement. The Regulatory Agreement shall be binding and enforceable against all heirs, successors and assigns of Borrower.

(b) Term of A ffordability. Borrower agrees that the ground leasehold interest in the Property shall remain affordable and subject to the Regulatory Agreement until December 31, 2081.

(c) Cross-Default With the Regulatory Agreement. Borrower and its successors in interest to the Project and/or the ground leasehold interest in the Property shall strictly comply with all of the terms and conditions of the Regulatory Agreement . Any default under the Regulatory Agreement , which continues uncured after any applicable notice and cure period provided in the Regulatory Agreement , shall be a default under this Agreement , the Housing Authority Note, HOME and HOME-ARP Note and the Lender Deed of Trust.

Section 1.18 - Lender Approval of Property Manager. At all times that any portion of the Housing Authority Loan or HOME and HOME -ARP Loan remains unpaid and outstanding and/or the Regulatory Agreement is in force and effect, and Lender has served a thirty (30) day written notice of deficiencies in the property management for the Project , the Regulatory Agreement or any document executed in conjunction herewith, which deficiencies have not been rectified by Borrower, within the thirty (30) day period (unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as Lender determines is needed, not to exceed one hundred twenty (120) days unless otherwise approved by the Lender , provided Borrower commences cure within such thirty (30) day period and continues to diligently pursue cure of such deficiency ), then, Lender shall have the right, but not the duty, in its reasonable discretion, subject to any approval rights of the senior lender, and upon an additional thirty (30) days written notice: (i) to require and approve, in advance and in writing, the retention of a professional property management firm, to manage the Project including the terms of the contract governing such retention, which such approval shall not to be unreasonably withheld or delayed; and (ii) to require Borrower to terminate any such property management firm for reasons to be specified in writing to Borrower by Lender not less than sixty (60) days in advance, provided that such termination shall comply with the termination provisions of the management contract in question. Borrower shall cooperate with Lender to effectuate Lender ’s rights . The Lender approves of Hyder & Company as the initial property management firm.

Section 1.19 - Usury. If a court of competent jurisdiction determines, by way of final unappealable order or judgment, that the interest rate charged under the Housing Authority Note or HOME and HOME-ARP Note is usurious, then such rate shall automatically and retroactively be reduced to the maximum rate allowed under applicable law.

20 Section 1.20 - Remedies.

(a) Contract Governed by Laws of the State of California . This Agreement, the performance of this Agreement, and all suits and special proceedings under this Agreement, shall be constituted in accordance with the laws of the State of California and Federal law, to the extent applicable. In any action, special proceeding, or other proceeding that may be brought arising out of, under or because of this Agreement, the laws of the State of California and the United States, to the extent applicable, shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted.

(b) Standing, Equitable Remedies; Cumulative Remedies. Borrower expressly agrees and declares that Lender shall be the proper party and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, including but not limited to foreclosure under any security instrument securing performance hereunder, to enforce the provisi ons hereof and/or to recover da mages for any default hereunder, which default continues uncured after any applicable notice and cure period, notwithstanding the fact that such damages or the detriment arising from such a default may have actually been suffered by some other person or by the public at large. Further, Borrower expressly agrees that receivership, injunctive relief and specific performance are proper pre-trial and/or post-trial remedies hereunder, and that, upon any default , which default continues uncured after any applicable notice and cure period, a receiver may be appointed by the court to take control of the Project and to assure compliance with this Agreement.

Nothing in this subparagraph, and no recovery by the Lender, shall restrict or limit the rights or remedies of persons or entities other than the Lender, against Borrower in connection with the same or related acts by Borrower. The remedies set forth in this Section are cumulative and not mutually exclusive, except the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction.

(c) Remedies at Law for Breach of Operating Restrictions. In the event of any default under this Agreement regarding restrictions on the operation and the transfer of the Project , after expiration of all applicable notice and cure periods, Lender shall be entitled to, in addition to any and all other remedies available at law or in equity: (i) declare the Housing Authority Loan and HOME and HOME-ARP Loan to be all due and payable; and (ii) recover compensatory damages.

If the default in question involves the violation of Section 1.17, above, including without limitation a default under the Regulatory Agreement, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the default in question has continued until the time of trial by (B) the result of subtracting the rents properly chargeable hereunder for the Affordable Unit(s) in question from the amount actually charged. Borrower and Lender agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to Lender as a result of such a default and that the foregoing formula is a fair and reasonable method of approximating such damages. Lender shall be entitled to seek and to recover damages in separate actions for successive, separate breaches which may occur. Further, interest shall accrue on the amount of such damages from the date of the 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.

21 Section 1.21 - Developer Fee and Management Fees . The total developer fee shall not exceed $8,870,697.00 (the “Developer Fee”). Of the Developer Fee, a maximum of $1,600,000.00 may be deferred (“Deferred Developer Fee”) . Any Deferred Developer Fee is payable out of the Borrower’s cash flows and treated as an operating expense for purposes of calculating Residual Receipts, as defined in the Housing Authority Note and HOME and HOME-ARP Note.

Section 1.22 - Reserves. Borrower shall maintain the reserves set forth below during the term of the Regulatory Agreement. Failure to maintain such reserves shall constitute a material default under this Agreement.

(a) Operating Reserve . An operating reserve for the Project of not less than $305,812.00 shall be capitalized upon funding of the Permanent Loan and used to fund operating shortfalls and, following the achievement of a minimum annual debt service ratio of 1.15 for three (3) consecutive years following stabilized occupancy, to pay Deferred Developer Fee . The operating reserve shall be maintained for the entire term s of the Housing Authority Loan and HOME and HOME-ARP Loan and may be satisfied by an Operating Reserve established pursuant to the Borrower’s Partnership Agreement or required by a senior lender.

(b) Replacement Reserve. Annually, beginning with the first year after the Project is placed “in service” (as such term is used in 26 U.S.C. §42) and each year thereafter, $47,000.00 shall be set aside as a replacement reserve for the Project and may be satisfied by an Replacement Reserve established pursuant to the Borrower’s Partnership Agreement or required by a senior lender.

(c) Additional Requirements Applicable to the Reserves . Each reserve shall be maintained in a separate account which account may be held by a senior lender. No disbursements from any reserve in excess of $10,000 annually or $100,000 in the aggregate shall be made without the express written consent of the City Manager of National City, or designee, not to be unreasonably withheld, conditioned or delayed. Borrower shall account to Lender for any monies expended from the reserves, in a form as approved by Lender.

Section 1.23 - Completion of Construction. Completion of Construction of the Project shall be achieved and the Project shall be placed “in service” (as such term is used in 26 U.S.C. §42) on or before December 31 , 2026. Time is of the essence. Failure to comply with this requirement shall constitute a material default under the terms of this Agreement.

Section 1.24 - Removal of General Partner by the Lender . At all times that any portion of the Housing Authority Loan or HOME and HOME-ARP Loan remains unpaid and/or the Regulatory Agreement is in force and effect and the Lender has served a thirty (30) day written notice of deficiencies in the duties of the general partner of the Borrower, which deficiencies have not been rectified by Borrower, in the Lender ’s reasonable discretion, within the thirty (30) day period (unless such deficiency is not capable of being cured within such thirty (30) day period, then such amount of time as Lender reasonably determines is needed, not to exceed one hundred twenty (120) days, provided Borrower commences cure within such thirty (30) day period and continues to diligently pursue cure), then, the Lender shall have the right, but not the duty, in the Lender’s

22 reasonable discretion and upon an additional thirty (30) days written notice (i) to require the removal of the general partner and the termination of the general partner’s interest in the Borrower; and (ii) to require that Borrower admit a replacement general partner, acceptable to the Lender in its reasonable discretion , provided, however that a replacement of the general partner with an affiliate of the Borrower’s limited partner shall not require Lender approval. Borrower shall cooperate with the Lender to effectuate the Lender’s rights

Section 1.25 - Funding Mechanism; Disbursements. The Lender’s obligation to fund the Housing Authority Loan and HOME and HOME-ARP Loan shall be and is specifically conditioned upon Borrower satisfying all of the conditions set forth in this Agreement.

(a) Disbursements. The Housing Authority Loan and HOME and HOME-ARP Loan shall be disbursed pursuant to written draw requests submitted by the Borrower to the Lender supported by such back up documentation as the Lender requires. Disbursements of approved draws shall be conditioned upon the receipt of lien release(s) from the general contractor and any applicable subcontractors for the work performed and contained within the draw request or evidence of an adequate bond or other security reasonably acceptable to the Lender.

(b) Limit on Effect of Approval . Review and/or approval of any work by the fund control, disbursement of monies pursuant to a draw request, or any Lender review and/or approval of the Construction Loan and/or work shall be understood to be general review and/or approval only, and shall not relieve Borrower of the responsibility to design, engineer, and construct the Project in accordance with all applicable laws, codes, regulations, and good design, cons truction, and engineering practice. Any deficiencies or defects shall be corrected at Borrower ’s cost and expense and without any cost to the Lender . Disbursements of approved draws shall be conditioned upon the receipt of lien release(s) from the general contractor and any applicable subcontractors for the work performed and contained within the draw request.

ARTICLE II

Specific Loan Provisions

Section 2.1 - Conditions to Lender Obligations and Borrower Representations and Warranties.

(a) Interest of C urrent or Former Members , Officers or Employees. Borrower represents and warrants that no member, officer, or employee of Borrower, no member of the governing body of the locality in which Lender was activated, or other public official of such locality or localities who exercises any functions or responsibilities with respect to this Agreement, has or shall have during his or her tenure, or for one year thereafter, have any interest , direct or indirect, in this Agreement or the proceeds thereof. Any violation of this section may, at the option of Lender, result in unilateral and immediate termination of this Agreement by Lender . Further, the contractor, who rehabilitates and constructs the Project, agrees to comply with all of the Conflict of Interest provisions contained in 24 C.F.R. §92.356.

23 (b) Unsecured Environmental Indemnity. Borrower shall enter into the Unsecured Environmental Indemnity Agreement in favor of Lender and shall name the Lender as a named additional insured on its insurance policies.

(c) Title Policy. Borrower, shall, at Borrower’s sole cost and expense, obtain an ALTA lender’s policy naming Lender as a named insured, and insuring that Lender ’s interest is subject to no superior liens, encumbrances, special assessments or taxes, except as approved by Lender.

(d) Construction. Lender shall be entitled to review, inspect and approve, without liability, all of the construction of the Project. All construction shall be performed substantially in accordance with the plans and specifications approved by the Lender in accordance with Section

2.2 of this Agreement, without liability to Lender for review and observation of the construction.

Any deficiencies in construction shall be corrected by the contractor and/or Borrower, upon written notice from Lender to Borrower, prior to any additional funding of the Housing Authority Loan or HOME and HOME-ARP Loan and prior to making any additional payments under the construction contract and/or to any contractor or subcontractors responsible for such deficiency until such correction is completed.

(e) Uniform Physical Conditions Standards. Borrower represents and warrants that after completion, the Project and all of the Affordable Units , including the HOME and HOME - ARP Affordable Units in: (i) a decent, safe and sanitary condition, and in good repair as described in 24 C.F.R. Section 5.703; and (ii) in a manner which satisfies the Uniform Physical Conditions Standards promulgated by the Department of Housing and Urban Development (24 C.F .R. §5.705), as such standards are interpreted and enforced b y Lender under its normal policies and procedures. Borrower warrants that all rehabilitation and construction shall meet or exceed the applicable local codes and construction standards, including zoning and building codes of the City of National City as well as the provisions of the Model Energy Code published by the Council of American Building Officials. Borrower hereby consents to periodic inspection by Lender ’s designated inspectors and/or designees during regular business hours, including the Code Enforcement Agents of the City of National City, to assure compliance with all applicable zoning, building codes, regulations, and property standards. Borrower agrees to comply with the provisions of 24 C.F.R. §92.251, whether or not contained in this Section.

(f) Limitation of Use of Funds for Religious Purposes . Borrower represents and warrants that Borrower will fully comply with any and all requirements and limitations contained in 24 C.F.R. §92.257, as amended, from time to time. Borrower further represents, warrants and agrees that no funds will be used for any purpose proscribed in 24 C.F.R. §92.257, as amended.

(g) Administrative Requirements. Borrower shall strictly comply with the administrative requirements that are applicable to Borrower contained within 24 C.F.R. Section

92.505, including, but not limited to, the requirements of OMB Circular No. A -87 and the applicable requirements of 2 C .F.R. Part 200. Further, Borrower covenants (if it is a nonprofit organization) to comply with the OMB Circular No. A-122 and the applicable provisions of OMB Circular No. A -110. Copies of said OMB Circulars are on file i n the offices of Lender and are available for inspection and copying by Borrower. Borrower further agrees that should the