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HomeMy WebLinkAbout2004 09-07 CC MINBook 86/Page 227 9/7/04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA September 7, 2004 The Regular Meeting of the City Council of the City of National City was called to order at 6:04 p.m. by Mayor Nick Inzunza. ROLL CALL . Councilmembers present: Inzunza, Morrison, Natividad, Parra, Ungab. Administrative officials present: Condon, Dalla, Deese, Eiser, Gonzales, Juniel, Kirkpatrick, Morse, Ray, Trees, Zapata. Others present: Veronica Cuevas and Kelly Lam, Student Council representatives. PUBLIC ORAL COMMUNICATIONS Marie Doria, National City, spoke about tree problems at her mobile home park and vandalism along Division Street. PRESENTATIONS Biannual Port District Update — Port Commissioner Jess Van Deventer. See Exhibit A, attached. National City Transit System Review — John Webster, National City Transit Director. See Exhibit B, attached. Proposition 1A — Catherine Hill, League of California Cities. See Exhibit C, attached PROCLAMATIONS (102-2-1) A Proclamation proclaiming Tuesday, September 7, 2004 as: "EVERETT DICKSON DAY." ACTION: Councilman Morrison presented the Proclamation to Mr. Everett Dickson, who was present in the audience. A Proclamation proclaiming Sunday, September 26, 2004 as: "PARADISE VALLEY HOSPITAL DAY." ACTION: Mayor Inzunza reported that the Proclamation would be presented at the hospital on September 19th. Book 86/Page 228 9/7/04 INTERVIEWS AND APPOINTMENTS (101-01-01) Boards and Commissions Interviews and Appointments — Senior Citizens Advisory Board. (City Clerk) RECOMMENDATION: Conduct interviews and appoint at this or at a subsequent meeting. TESTIMONY: Mr. James A. Boyer and Ms. Yvonne N. Cordoba were present and interviewed. ACTION: No action was taken. Appointments were scheduled for the City Council meeting on September 21, 2004. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 1 (Approval of the Minutes), Item Nos. 2 through 8 (Resolution Nos. 2004-166 through 2004- 172), Item No. 9 (Amendment to Agreement), Item Nos. 10 through 12 (Warrants), Item No. 13 (Claims), and Item No. 14 (Report). Motion by Natividad, seconded by Morrison, the Consent Calendar be approved. Carried by unanimous vote. APPROVAL OF MINUTES 1. Approval of the minutes of the Adjourned Meeting of August 3, 2004, and the Regular Meeting of August 17, 2004. ACTION: Approved. See above. CONTRACT (C2001-15) 2. Resolution No. 2004-166: APPROVING A SUPPLEMENTAL AGREEMENT WITH TETRA TECH ENGINEERING, INC. TO PROVIDE THE CITY WITH ENGINEERING SERVICES, NOT TO EXCEED THE AMOUNT OF $70,850.00 FOR THE NATIONAL CITY RESURFACING PROJECT, FY 03-04, SPECIFICATION NO. 03-11, AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING DEPARTMENT TO EXECUTE THE AGREEMENT. (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2004-15) 3. Resolution No. 2004-167: ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR REMOVAL OF WODEN STREET PEDESTRIAN BRIDGE PROJECT, SPECIFICATION NO. 97-10. (Public Works/Engineering) ACTION: Adopted. See above. Book 86/Page 229 9/7/04 CONSENT CALENDAR (cont.) CONFLICT OF INTEREST REG / ADMIN (503-10-1) 4. Resolution No. 2004-168: COUNCIL ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION 2002-138. (City Attorney) ACTION: Adopted. See above. GRANT / LAW ENFORCEMENT (302-1-2) 5. Resolution No. 2004-169: AUTHORIZING POLICE DEPARTMENT TO ACCEPT FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD IN THE AMOUNT OF $38,138. (Police) ACTION: Adopted. See above. PARKING ADM 2004 (801-2-24) 6. Resolution No. 2004-170: AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH 30 FEET OF "30 MINUTE PARKING" ZONE ON THE WEST SIDE OF 1601 18TH STREET (7/11 STORE TSC NO. 2004-39). (Public Works/Engineering) ACTION: Adopted. See above. CONTRACT (C2002-21) 7. Resolution No. 2004-171: APPROVING SUPPLEMENTAL AGREEMENT NUMBER TWO WITH DOKKEN ENGINEERING FOR $123,388 TO PROVIDE ADDITIONAL ENGINEERING SERVICES FOR THE PLAZA BOULEVARD PROJECT, WHICH INCLUDES STREET VEHICULAR CAPACITY IMPROVEMENTS AND LIVABILITY ENHANCEMENT THROUGH MEDIAN LANDSCAPING, SIDEWALK IMPROVEMENTS, STREET LIGHTING, ETC. IN THE VICINITY OF THE FILIPINO VILLAGE AND THE INTERSTATE 805 INTERSECTION. (Public Works/Engineering) ACTION: Adopted. See above. Book 86/Page 230 9/7/04 CONSENT CALENDAR (cont.) CONTRACT (C2004-41) 8. Resolution No. 2004-172: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT NOT TO EXCEED $30,000 WITH COLLINS STRATEGIC GROUP, INC. TO PROVIDE MEETING PLANNING, FACILITATION OF CITIZEN INITIATED COMPLAINTS SERVICES, DEVELOP WORK PLANS, AND PREPARE AND ISSUE REPORTS AND RELATED CORRESPONDENCE FOR THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION. (City Attorney) ACTION: Adopted. See above. CONTRACT (C2003-50) 9. SUBJECT: (Resolution No. 2004-173) Amendment to the Agreement between the City of National City and Janie Anderson Consulting Services to provide professional fund raising services, not to exceed $52,000 for the National City Library Capital Campaign. (Library) ACTION: Adopted. See above. WARRANT REGISTER 2004 (202-1-19) 10. Warrant Register No. 6 Ratification of Demands in the amount of $460,274.56. ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 11. Warrant Register No. 7. Ratification of Demands in the amount of $1,062,101.54. (Finance) ACTION: Ratified. See above. WARRANT REGISTER 2004 (202-1-19) 12. Warrant Register No. 8. Ratification of Demands in the amount of $1,062,101.54. (Finance) ACTION: Ratified. See above. CLAIMS (501-1-148) 13. SUBJECT: Claim for Damages: Alex Moran. (City Clerk) ACTION: Denied. See above. CONSENT CALENDAR (cont.) COMMUNITY DEV LANDSCAPE DIST NO. 1 (MILE OF CARS) (406-2-8) 14. SUBJECT: Report: Submission of Fiscal Year 2004-2005 Mile of Cars Association Annual Budget and Board Members. (Community Development Commission) ACTION: Accepted and filed. Book 86/Page 231 9/7/04 PUBLIC HEARING SUBDIVISION ADM (415-1-1) PLANNED DEV PERMIT ADM 2004 (414-1-19) 15. Public Hearing — Tentative Submission Map and Planned Development Permit for the Division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 North of 16th Street (Applicant: Pacifica Companies) (Case File No.: S-2004-2/PD-2004-2). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval of the Tentative Subdivision Ma and Planned Development Permit. TESTIMONY: Mr. John Pedroza, National City, asked questions about the proposed development and spoke against the Planned Development Permit. ACTION: Motion by Parra, seconded by Inzunza, to approve the Tentative Map and the Planned Development Permit. Carried by unanimous vote. PUBLIC HEARING SUBDIVISION ADM (415-1-1) CONDITIONAL USE PERMITS 2004 (403-19-1) 16. Public Hearing — Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a Conditional Use Permit for one of the Tots to have an accessory living unit (Applicant: Brett Farrow —for Alpha Project) (Case File No.: S-2004-6/CUP- 2004-18). (Planning) RECOMMENDATION: Staff concurred with the recommendation of the Planning Commission for approval of the Tentative Subdivision Ma and Conditional Use Permit. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve the Tentative Subdivision Map and Conditional Use Permit. Carried by unanimous vote. Book 86/Page 232 9/7/04 NON CONSENT RESOLUTIONS CONTRACT (C2004-42) 17. Resolution No. 2004-174: AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM. (Police) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2004-43) 18. Resolution No. 2004-175: AWARDING A CONTRACT TO LEKOS ELECTRIC IN THE AMOUNT OF $102,040 FOR THE NEW 8TH STREET AND V AVENUE TRAFFIC SIGNAL INSTALLATION PROJECT. (Public Works/Engineering) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Ungab, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS TEMPORARY USE PERMITS 2004 (203-1-20) 19. SUBJECT: Temporary Use Permit — National City Collaborative & Las Palmas Foundation — 1st Annual Summercrest Culturefest 2004 Festival on October 9, 2004 at 2325 Euclid Avenue. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and waive the processing fees. TESTIMONY: None. ACTION: This item was pulled from the agenda after the agenda was posted. TEMPORARY USE PERMITS 2004 (203-1-20) 20. SUBJECT: Temporary Use Permit — South Bay Community Church Fall Festival on October 31, 2004 at 2400 Euclid Avenue. (Building & Safety) Book 86/Page 233 9/7/04 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2004 (203-1-20) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Natividad, to approve staff's recommendation. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 21. SUBJECT: Temporary Use Permit — El Pueblo Neighborhood Beautification Project — El Pueblo Neighborhood Council and City of National City on September 18, 2004 on I Avenue, between 5th and 6th Streets. (Building & Safety) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval, and grant the waiver of fees. TESTIMONY: None. ACTION: Motion by Parra, seconded by Morrison, to approve staff's recommendation. Carried by unanimous vote. VARIANCES 2004 (409-1-37) 22. SUBJECT: Notice of Decision — Planning Commission approval of a Tentative Parcel Map for the division of one 9,375 square foot property into two lots at the northeast corner of 8th Street and M Avenue with a variance for reduced rear yard setback areas. (Applicant: Riyadh Kafaji) (Case File No.: LS-2004-3/Z-2004-5) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Parra, seconded by lnzunza, to in favor of staff's recommendation. Carried by unanimous vote. VARIANCES 2004 (409-1-37) 23. SUBJECT: Notice of Decision — Planning Commission approval of a variance for a reduced front yard setback for an addition to a single- family residence at 304 East 27th Street. (Applicant: Raul Salinas) (Case File Z-2004-7) (Planning) Book 86/Page 234 9/7/04 NEW BUSINESS (cont.) VARIANCES 2004 (409-1-37) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to set for public hearing. Carried by unanimous vote. FINANCIAL MANAGEMENT 2004 (204-1-19) 24. SUBJECT: Consolidated Cash and Investment Report as of June 30, 2004. (Finance) RECOMMENDATION: Accept and file. TESTIMONY: City Manager Chris Zapata reported that investment policies are currently being reviewed to insure safety and maximum return and a report and recommendations will be forthcoming. ACTION: No action was taken. STAFF City Attorney Eiser inquired if the City Council was able to hold a workshop on September 21, 2004 at 9:00 a.m. to discuss ethics code and campaign contribution limits. The consensus was to hold the meeting as proposed. There was no vote. City Manager Zapata reported that the National City Public Art Committee would be holding a planning retreat on September 11th and Council is invited to attend. MAYOR AND CITY COUNCIL Councilman Morrison provided an update on the activities and success of the Regional Solid Waste Association which has resulted in rebates to the City treasury totaling $46,000 within the last year. Vice Mayor Parra reported that he received a complaint about the condition of Harbor Drive. Councilman Natividad requested an update on the planned 9/11 event in the park. CLOSED SESSION Public Employee Performance Section 54957. Title: City Attorney ACTION: The Mayor adjourned the meeting to Session. There was no vote. Book 86/Page 235 9/7/04 Evaluation — Government Code go into Closed ADJOURNMENT The meeting was adjourned in honor of Jesus Gonzales. The meeting was adjourned to the Adjourned Regular City Council Meeting to be held on September 21, 2004, at 9:00 a.m., in the Large Conference Room. The Next Regular City Council Meeting will be held on Tuesday, September 21, 2004, at 6:00 p.m., Council Chambers, Civic Center. The meeting closed at 7:42 p.m. The foregoing minutes were approved at the Regular Meeting of September 21, 2004. CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK. EXHIBIT "A" Report to City of National City Mayor Nick Inzunza and City Councilmembers September 7, 2004 Offir 10,0- Unified Port of San Diego By Commissioner Jess E. Van Deventer Board of Port Commissioners South Bay Page National City Marina Basin 1 • Pier 32 • RFP for Commercial Site • Grant Application — Pepper Park National City Wharf Extension — Receives APWA Award 2 National City Tank Farm 2 Chula Vista Bayfront Master Plan 3 II. South and North Embarcadero Downtown Historic Harborfront Site (Old Police Headquarters) 4 Convention Center Hotel Parking (to serve hotel & public) 4 Convention Center Hotel (Hilton) 5 Spinnaker Hotel 6 USS Midway 6 North Embarcadero Visionary Plan 7 After -School Program With Maritime Museum 7 III. Maritime Maritime Business Development Update 8 San Diego and Arizona Eastern Railroad 9 Cruise Ships 9 Harvest Meat Company, Inc. 10 IV. America's Cup Harbor Master Plan Amendment Marina Green Bayside Commercial Site 11 11 V. Public Art National City Wetlands Project 12 Public Art Project Celebrating the History of Logan Heights 12 USS San Diego Memorial 13 Urban Trees 13 I. SOUTH BAY NATIONAL CITY MARINA BASIN: The National City Marina Basin has been completely dredged, the dike opened, and riprap installed. All work is within permit and contract provisions. Additional riprap beyond the original contract has been authorized to control erosion for areas that were originally anticipated as planted. The proposed access road has been delayed to be able to better coordinate with the marina developer, Pier 32, LLC. All basin improvements are essentially complete as of August 2004. A few punch list items, including additional rip rap and sounding of basin will need to be done. Pier 32 Pier 32, LLC, is the selected developer for the marina improvements and remains highly interested in the project. However, a proposed change in adjacent terminal operations necessitated further investigation by the parties and temporarily placed negotiations for the Option to Lease on hold. The change was due to the US Government's proposed use of the 24th Street Marine Terminal as a load -on and load -off facility. The US Government has designated San Diego as a 2 strategic Port and will be utilizing the 24th Street Marine Terminal as a load -on and load -off facility for material utilized in military actions worldwide. These actions will occur as required and could affect the National City Marina project access up the Sweetwater channel. During the time of these activities, specific security measures will be undertaken at the 1 terminal and throughout the Bay depending on security alert conditions. To address the access and security issues that are the concern of Pier 32, a meeting was held with Pier 32 and the appropriate representative of the United States Coast Guard on July 20, 2004. Potential scenarios and their effects on marina tenants were discussed. The Pier 32 representatives believe they can develop a plan to effectively operate with the potential restrictions. In an August 10, 2004, discussion, Pier 32 indicated a proposal was being prepared. If the option for development of the marina cannot be concluded with Pier 32 by mid -September, Port staff will return to the Board of Port Commissioners in early October with recommended alternatives. RFP for Commercial Site A draft Request for Proposals (RFP) for the commercial site located north of the National City Marina site has been prepared. It is expected that the RFP will be issued soon, unless Pier 32 does not sign an option for the marina site. If the marina site is not committed, options presented to the Board of Port Commissioners in October could include both sites. Grant Application - Pepper Park The Port has submitted a grant proposal in the amount of $591,500 to the California Department of Boating and Waterways (DBW) to revitalize the Pepper Park boat launch facility. On November 18, 2004, this grant request is scheduled to go before the DBW Commission for its consideration and approval. Proposed improvements include an aquatic center and are intended to accommodate continuing and anticipated increases in usage. NATIONAL CITY WHARF EXTENSION — RECEIVES APWA AWARD: The National City Marine Terminal Wharf Extension was selected as a Project of the Year Award Winner by the American Public Works Association (San Diego and Imperial Counties Chapter). The award will be presented on September 9 at the APWA's monthly meeting. NATIONAL CITY TANK FARM: Port District staff is investigating potential grant funding to assist in cleanup. In order to accurately characterize soils/fill beneath tank bottoms, the Port has received authorization to conduct sampling in these areas. SDG&E has completed the areas it considers its responsibility. 2 CHULA VISTA BAYFRONT MASTER PLAN: The Chula Vista Bayfront Master Plan (CVBMP) is a joint master planning process of the Port of San Diego and City of Chula Vista. On May 25, 2004, the Board of Port Commissioners and the Chula Vista City Council gave their preliminary approval to two proposed land use plan options that will be studied further by Port and City staffs. The plans were created by the international waterfront design firm of Cooper Robertson and Partners in association with Carrier Johnson architects of San Diego. The two plans call for new retail development around the harbor, new employment areas with offices and research and development facilities, housing, hotels, a signature park, a large sports and recreation area, cultural buildings, and more than 200 acres of natural and recreational open space. Of the two plans, one (referred to as Option C) was clearly preferred by both the elected officials and public in attendance at the public hearing. That plan shows no housing in the northern, more environmentally sensitive areas near E Street, but instead concentrates residential units east and south of the existing harbor. Additional features of the waterfront plans include habitat viewing areas, bayfront bike and pedestrian paths, conference facilities and places for public meetings, a deep water area in the harbor for active boating and docking, and the potential for the replacement of the existing South Bay Power Plant. In a joint resolution adopted by the Board of Port Commissioners and Chula Vista City Council, they directed their staffs to jointly prepare design guidelines that will identify more specific information on the plans such as building heights and densities of uses. Additionally, a financial feasibility study will be completed that will identify the potential costs and revenues of the public and private improvements, along with a phasing program for the improvements. The feasibility study will be followed by a formal Environmental Impact Report. The plan is subject to review by the State Lands Commission and the California Coastal Commission. The Port and City hope to receive final state approvals by August 2005. 3 I1. SOUTH & NORTH EMBARCADERO DOWNTOWN HISTORIC HARBORFRONT SITE (Old Police Headquarters): On June 8, 2004, the Board of Port Commissioners chose a design concept for redevelopment of 26 acres that include the Old Police Headquarters (OPH), Seaport Village, Chesapeake Fish and the former Harbor Seafood Mart. The design concept was submitted by the San Francisco firm of Sasaki Associates and San Diego architect Rob Quigley. Elements of the Sasaki/Quigley plan include dredging a new water area at the site of the former Harbor Seafood Mart and encircling this area with a 3,600- foot "ArcWalk" pier. Restoring the Old Police Headquarters is also a major component of the concept. Of the five design concepts considered, this concept included the most commercial and retail development. The Board and Port staff are in the process of deciding whether to sole source on early redevelopment of part of the project or whether to prepare a Request for Proposals for a developer to implement the entire selected design. CONVENTION CENTER HOTEL PARKING TO SERVE HOTEL AND PUBLIC: The Port broke ground on November 26, 2003, on a seven -story, 2,000-space parking facility that will serve the public and the future Hilton San Diego Convention Center Hotel. Eight hundred of the spaces will be dedicated hotel parking and the remainder will be open to the public when visiting the nearby ballpark, Gaslamp Quarter, and other downtown destinations. The parking facility is located adjacent to the Convention Center on the corner of 8th Avenue and Harbor Drive. Construction of the facility is scheduled to be completed by the end of 2004 with occupancy scheduled for January 2005. 4 CONVENTION CENTER HOTEL (Hilton): In 2002, the Board of Port Commissioners granted an option agreement to the Hilton San Diego Convention Center LLC to develop a 1,200-room hotel on the former Campbell Shipyard site. The Board approved conceptual plans for the hotel on January 28, 2003. The plans include a 32-story, 1.65 million sq. ft. structure with a tower 385 feet high and a 2,000-car, six -story parking garage. The hotel also includes 106,000 sq. ft. of meeting space, 5,360 sq. ft. of retail space, a 23,082 sq. ft. health club, and a 14,000 sq. ft. restaurant. In addition, Hilton is to develop a 4.3 acre public park. The total acreage of the site is 12.8 acres. Hilton estimates its construction costs at $285 million. Hilton submitted its schematic plans to the District for review on August 27, 2004. Hilton's public art plan was approved by the Port's Public art Committee on May 12, 2004. Hilton believes financing is in place. Exercise of the Option and construction will commence on obtaining environmental regulatory approvals for placement of a remediation cap on the water area adjacent to the Hilton site. Port staff is working to obtain those approvals over the next four months. Construction is estimated to start in the first quarter of 2005. The hotel is tentatively scheduled to open in Summer 2007. 5 SPINNAKER HOTEL: At its October 7, 2003, meeting, the Board of Port Commissioners granted an Option Agreement to Fifth Avenue Landing to develop a 4.5 to 5-star, 250-room, hotel on Convention Way. On August 12, 2004, the California Coastal Commission held a hearing on the Spinnaker Hotel to determine if Convention Way could be modified and parking relocated to the Convention Center in order to avoid pedestrian and truck conflicts. The Coastal Commission approved the minor amendment. There was no opposition and Coastal staff supported the action. This now allows the Port to issue a Coastal Development Permit once Fifth Avenue Landing completes its construction drawings. USS MIDWAY: The San Diego Aircraft Carrier Museum opened to the public on June 7, 2004. The visitor lines have not shown any sign of shrinking since then. While the original projection estimated annual attendance at 400,000 people, attendance for the first two months alone exceeded 200,000 visitors. Additionally, the Midway is quickly becoming the San Diego location of choice for special events. 6 NORTH EMBARCADERO VISIONARY PLAN: In August 2003, the Port formed a Joint Powers Authority (JPA) with Centre City Development Corporation (as the redevelopment agency of the City of San Diego) to prepare schematic design documents for the North Embarcadero Visionary Plan Project. The project is over 240 acres, located between Lindbergh Field and Seaport Village, and west of the railroad tracks east of Pacific Highway. The infrastructure project is proposed to be built in phases and occur over 10-20 years. The major element of the design is the narrowing of Harbor Drive from four to three lanes and the creation of a new 100-foot-wide esplanade along the water's edge. The JPA entered into a design contract with a team led by the New York firm of Ehrenkrantz, Eckstudt and Kuhn to design the project. Schematic design is nearing the 90% completion stage with completion expected before the end of 2004. AFTER -SCHOOL PROGRAM WITH MARITIME MUSEUM: The National City Boys & Girls Club is working with the Maritime Museum on an after - school program for middle and high school students. Starting in the Fall, approximately 24 teens will have a rare and sometimes rigorous experience to learn from the professional crew of the Californian on how to sail a tall ship. The teens will be under instruction for eight weeks, for two hours each session. Then, they will put to sea, braced with seamanship knowledge, laws of the sea and some sea lore too. The experience will no doubt enrich the students' knowledge of winds, weather, navigation, team work, communication and the chain of command. This unique opportunity is possible because the Port of San Diego provided the funding for this start-up program that will be offered to youth groups. 7 III. MARITIME MARITIME BUSINESS DEVELOPMENT UPDATE: The Port's Maritime cargo business reached almost 2.6 million tons in fiscal year 2004, including over 237,000 automobiles through the National City Marine Terminal. In order to increase the Port's cargo business Maritime business development efforts are focused worldwide. Two trade missions have been conducted this year including South and Central America to solicit produce, steel and lumber products. One very promising result of those contacts is a potential to capture 15,000 cubic meters per month of fiberboard and forest product imports. More than one carrier is interested and together with the Port discussions are underway with the shippers to make the service a reality. Talks have also begun with another major banana importer to shift their weekly import operations to a less crowded and business friendly Port of San Diego. This could result in 3000-4000 pallets per week of bananas and over $1 million in revenue to the Port. Tires, heavy machinery and steel, much of it actually destined to, and transiting through, San Diego and across the border, are targeted from Japan on ships that would call three to four times a month. Another trade mission is now being planned to Australia and New Zealand in order to solicit frozen meats, produce, lumber and steel as well as visit the Port of San Diego's existing citrus exporter, Riversun. One of the National City Marine Terminal's tenants, Harvest Meats, will be joining that trade mission in order to research meat import potential. At the National City Marine Terminal the Port is presently in discussions to capture a major European automaker's imports that could eventually total 100,000 vehicles per year. Also at the National City Marine Terminal discussions are ongoing with The Pasha Group to homeport a new Hawaii service scheduled to begin in the second quarter of 2005. This new Hawaiian service will include an American -flagged roll-on, roll -off vessel now being built in a Mississippi shipyard. The ship will have a capacity of about 3,000 vehicles. Cargoes for this bi-weekly service will include automobiles, construction and military equipment, household goods and virtually any consumer goods. To support this service, substantial opportunities will exist for support businesses including consolidating, packing, cold storage, forwarding, and many others. Many of these recent business developments are expected to actually come to fruition by the end of this year. 8 SAN DIEGO AND ARIZONA EASTERN RAILROAD: For the first time since 1983, San Diego's has an east -west rail link to the Imperial Valley and the rest of the country. The Carrizo Gorge Railway (CZRY) was successful in July in its efforts to clear tunnels and repair track in order to connect the SD&AE with the Union Pacific at Plaster City. Since that time, CZRY has been conducting tests and completing mandatory rail startup procedures such as emergency evacuation, Customs inspections and other formalities. CZRY has already obtained the required insurance, and interchanges with both the Union Pacific and the San Diego and Imperial Valley Railway have been filed. It is expected that by the end of October 2004, the line will be operational. CRUISE SHIPS: Carnival Cruise Line's Spirit, has a new one -of -a -kind, eight -day cruise program from San Diego to an array of Mexican resort destinations. Carnival joins Holland America Line, Royal Caribbean International and Celebrity Cruise Line in offering home port cruising out of San Diego. From October 16, 2004, to April 2, 2005, Carnival will offer 22 eight -day cruises featuring calls in Acapulco, Zihuatenejo/Ixtapa and Manzanillo. Port of San Diego cruise calls have doubled and passenger counts have tripled since 2000. From 2003 to 2004 alone, San Diego saw a sixty percent increase in calls and a 175% increase in passenger count. San Diego's cruise industry has a significant positive effect on the local and regional economy. Cruise ships bring hundreds of thousands of visitors to the San Diego area each year. A recent economic study showed $2 million impact each time a homeport ship begins and ends a cruise in San Diego. 9 HARVEST MEAT COMPANY, INC.: At the August 27, 2004, Board meeting, the Board of Port Commissioners approved a ten-year lease for Harvest Meat Company, Inc. (HMC), a tenant at the National Distribution Center since 1989. HMC is a family -owned distributor of meat and seafood with operations in San Diego (headquarters), Los Angeles, Portland, Phoenix, Orlando, Tijuana, Denver, and Kansas City. HMC also imports seafood from Asia and beef from Australia. HMC is pursuing a partnership with the District to expand these operations. HMC currently occupies 77,825 sq. ft. of refrigerated warehouse space within the National Distribution Center for meat and frozen foods storage and distribution. The new lease will consolidate all of HMC's existing leases into one agreement commencing September 1, 2004 and ending August 31, 2014. 10 IV. AMERICA'S CUP HARBOR MASTER PLAN AMENDMENT: The California Coastal Commission certified the America's Cup Harbor Port Master Plan Amendment at is June 12, 2003 meeting. An application for the partial vacation of North Harbor Drive with the City of San Diego Development Services Department was filed on June 30, 2003. City of San Diego comments were received on October 23, 2003. On December 17, 2003, a presentation was made by Port District staff to the Traffic Subcommittee of the Peninsula Community Planning Group (PCPG). Concerns were raised regarding adverse effects of the project on traffic flow and parking. On January 26, 2004, District staff met with the City of San Diego Wastewater Division regarding the proposed vacation and permanent utility easement. The Wastewater Division had serious reservations regarding the vacation, as their interest is to maintain full control over the utility corridor. The Wastewater Division proposed a lease of the corridor to the Port District; Port staff is reviewing the acceptability of such an agreement. On July 6, 2004, Port staff met with the City regarding the City's proposed bicycle lanes along Harbor Drive. The Harbor Drive corridor is not designated as a bike route on the PCPG Plan or on the City Bicycle Master Plan — the City is adding the bike lane in order to increase the safety of bicyclists. As the proposed realignment geometrics do not provide room for a bike lane, the Port District stated our concerns. The City Development Services Department is discussing the issue internally with the City Bicycle Coordination Department. Port staff will set up a follow-up meeting with the City to determine resolution. On July 16, 2004, Port staff met with Navy staff regarding Department of Defense (DOD) Antiterrorism Guidelines. The guidelines restrict public parking to at least 82' away from inhabited buildings at the Anti -Submarine Warfare Fleet School. Port staff is in the process of attempting to reconfigure the proposed parking in order to meet the DOD guidelines. Once support is gained from the Wastewater Division, PCPG, and Navy, and the bike lane issue is resolved, the improvement plans and vacation plat would be resubmitted to the City of San Diego for final review. MARINA GREEN BAYSIDE COMMERCIAL SITE: On November 18, 2003, the Board of Port Commissioners authorized issuance of a Request for Proposals for the development of the Marina Green Bayside Commercial Site (formerly Bay City Marine) on North Harbor Drive. Three proposals were received. The Board of Port Commissioners is scheduled to choose a proposal at its September 7, 2004, meeting. 11 V. PUBLIC ART NATIONAL CITY WETLANDS PROJECT: The Public Art Committee's approved fiscal year 04/05 acquisitions list provided $50,000 for a project envisioned along the tidelands area adjacent to the wetlands. The project anticipates artwork by John Cerney, a California artist known for his large scale tromp I'oiel paintings of people and scenes. The newly -formed National City Public Art Committee will assisting in developing appropriate imagery to represent the community of National City. Due to the sensitive nature of this area, the final location of the artwork is being discussed with the wetlands management and local business owners. PUBLIC ART PROJECT CELEBRATING THE HISTORY OF LOGAN HEIGHTS: The colorful history of San Diego's Logan Heights community has been immortalized in a mural at Cesar Chavez Park. The artist captured the essence of what life was like in the community during the 1930s, 40s and 50s and commemorates the heritage of a Mexican -American community that lived in harmony with waterfront entities and workers of the loading docks and canneries. The artwork consists of a collection of historical photos that were screen -printed onto 12-inch by 12-inch ceramic tiles. Fourteen four -foot by six-foot murals make up the exhibit. 12 USS SAN DIEGO MEMORIAL: During World War II, their number topped 1800. Sixty- three years after the USS San Diego was christened by Grace Benbough, then wife of Mayor of San Diego, Percy Benbough, there are 400 surviving crewmembers. On April 30, 2004, eighty of those former crewmembers and their families attended a ceremony at the G Street Mole on the San Diego Bay waterfront to dedicate a monumental public artwork honoring the USS San Diego. The $1.2 million sculpture by noted artists Lou Quaintance of Berkeley and Eugene Daub of San Pedro was dedicated by World War II Veteran and official voice of the San Diego Padres, Jerry Coleman. Funds to develop the memorial were raised entirely by the members of the USS San Diego Memorial Association. Standing 28-feet tall, the memorial includes a life-size bronze sculpture of a sailor and a large bas-relief showing the USS San Diego at sea. At the end of the ceremony, Vice Admiral Tim LeFleur announced on behalf of the Secretary of the Navy that the name "San Diego" will go to sea once again with the Navy on a "soon -to -be - built" ship. URBAN TREES: In November 2003, art came alive along the San Diego Bay with the planting of 30 colorful and imaginative "Urban Trees" sculptures. The designs are the result of a sculpture competition. The exhibit can be seen on the pedestrian promenade of the North Embarcadero in downtown San Diego. The trees are on display along a one -mile stretch from Hawthorne Street to Broadway Pier. Each piece is on loan to the Port and will be available for sale after the one-year exhibit period. The success of the temporary installation has been overwhelming and the Port will be installing a second collection of Urban Trees this spring. 13 CLASSROOM STORAGE 78 (FORMERLY 92)(10'1.20') SPACES TOTAL 25 - 10• 10' ELECTRICAL LINE (TYP) T. 6' A.C.P. WATER PEPPER\ \PAR BOAT LAUNCH RAMP TEMPORARY YMCA TRAILER LOCATION AT PEPPER PARK NTS NORTH 1ST COMF F:vnloin SOGE TRANSFORMER EXHIBIT "B" NATIONAL CITY TRANSIT SYSTEM PERFORMANCE AUDIT 2004 Executive summary "What has been done well yesterday, what is good today, will be great tomorrow" 9/20/04 1 PRIDE •NCT is #1 among ALL MTS operators. •Successful Transit System. •Dedicated professional "TEAM". •Strong partner with City of National City goals. ."Vision into Reality" 9/20/04 2 •NCT has the highest number of passengers carried per mile (3.6) and hour(40.5) among ALL the MTS operators, with an 87% on time trip performance. • The City of National City can be proud to have such a successful transit system. • The NCT team is a dedicated group of professionals committed to serving the citizens of National City and all those that use and depend on us to meet their daily transportation needs. •NCT is a strong partner towards the goal of "Reinventing National City" and improving public services and quality of life. National City is truly a "City on the move" • NCT is proud to be part of turning "vision into reality". CUSTOMER SERVICE . OUR CUSTOMERS ARE ALWAYS #1 ▪ Route 601 & 602 extended service. 9/20/04 3 THE CUSTOMER IS ALWAYS #1. NCT IS CUSTOMER FOCUSED. WE EXIST SOLEY TO SERVE THE NEEDS OF OUR VALUED PASSENGERS AND THE COMMUNITY! Some of the ways we collect Customer Input is through: Passenger surveys and complaint procedures, via our regional transit center, thru written forms located on all of our buses to rate our service and passenger needs, holding transit days at various locations, attending public hearings or the new community council meetings. One additional method may be by creating a citizen advisory committee. NCT responded quickly to requests from passengers and residents to extend service on our routes 601(Harbison & Mariposa) & 602 (East Plaza Blvd and Honeysuckle) to better serve our community. 3 9/20/04 4 Introduction • Performance Reviews of all Properties • NCT May 10, 2004 • 141 Separate Standards Addressed • Clearly define goals • Action Plan as guide 9/20/04 5 As part of its on -going service to its customers, McDonald Transit Associates, Inc conducts routine performance reviews of the transit systems under its management. A comprehensive review of National City Transit (NCT) was conducted during the week of May 10, 2004. Chief Operating Officer, John Bartosiewicz and Senior Vice President, Kevin Kane conducted the review through a combination of on -site observations, gathering of data and analysis of the gathered information. The staff of NCT was helpful and cooperative throughout the process. McDonald Transit performance reviews provide a quality control measure for transit agencies. Every aspect of the transit systems functional areas are examined against a set of performance standards developed by McDonald Transit. This evaluation of 141 separate standards include all of the best practices in public transit industry management in the areas of operations, maintenance, and administration Because the operating environments of transit systems can vary significantly, it is recognized that achievement of the standards is a dynamic process. The performance standards are intended to clearly define goals which will guide our organization, whether or not present circumstances allow for all those goals to be attained. This comprehensive review resulted in a detailed action plan to be used as a guide toward improved performance. 5 NCT Performance • Safety Risk Management • Substance Abuse Program • Human Resources • Management information • Grants Administration • Operations • Maintenance • Financial Management 9/20/04 6 The following are areas that were reviewed along with some suggested improvements. A comprehensive assessment is provided in the detailed action plan at the back of the review booklet. Safety Risk Management- Designated Safety Officer, safety manual, safety posters and accident experience trend analysis. Substance abuse Program -Update policy, ADA changes, additional employee and supervisor training. Human Resources -Reviewed- DOT physicals, drug screening, job descriptions,employee handbook, personnel records and files. Management information- Monthly performance and financial reports to National City staff, and written statistical data collection procedures. Grant Administration -Documentation on file, tie inventory to grants whenever possible. Operations, Maintenance, and Financial- Further review in next presentation sections. 6 ti 0 0 N 8 i70/0Z/6 Operations • Customer input • Service Route Design • Equipment needs • Service Policies • Performance Standards • Customer Service • Dispatching • Service Monitoring • ADA Requirements 9/20/04 9 Service Route design- Monthly ridership report with client narrative, ongoing route review and analysis for service trends. Equipment needs -Capital projects review, Bus stop criteria,written procedures to determine passenger amenities Service policies -Operator rulebook,emergency and accident procedures, lost & found procedures. Performance Standards -Update Mission statement, monthly client performance report, run cutting/scheduling, CBA work rules, spare board operator capacity. Customer Service -Involve customers in schedule design process, Regional Call Center performance checks, Staff bus ride checks and follow-up reports, independent system shopper checks. Dispatching- Radio logs, Daily pull-out sheets, written procedures for detours and closed bus stops, review of unscheduled over time. Service monitoring- On street supervision, on time performance checks, dispatcher on duty during service hours, adequate relief operators available, and operator attendance analysis to maintain reliable service. ADA requirements- Written procedures including bus stop announcement checks, lift cycle during operator pre trip, visual inspection bus stops and transfer facilities, investigate card flagging for visually impaired customers 9 0 0 0 N a) tr0/0Z/6 Maintenance ■ Inspection Programs ■ Oil analysis ■ Written procedures ■ Comprehensive reports 9/20/04 12 Hazardous materials spill p►an, Preventive maintenance procedures, maintenance organization chart, and written procedures for repairing lift equipment in accordance with ADA requirements. Inspection Program- Preventive maintenance within vehicle timeframes, AC & Heating system training for employees post warranty period. Oil analysis- On basis of each oil change sequence per vehicle. Written Procedures -Written comprehensive maintenance plan and employee rule book. Comprehensive reports -Utilize report and scheduling features of existing maintenance software. Link inventory to accounting system. 12 Financial Management • Payroll • Purchasing • General Accounting • Fare Collection • Tokens, Passes, and Transfers • Budgeting 9/20/04 13 As a direct result of a recent NC audit conducted by Caporicci & Larson, additional video cameras were installed in our revenue collection room and new written procedures were initiated to prevent any future problems. Other changes in response to that audit and the McDonald review were as follows: Payroll -Segregation of duties between two different staff members have been implemented, time cards are reviewed and signed by supervisor, with GM signed approval of data. Purchasing -On going review NCT procurement practices and revise to meet MTDB and National City requirements. Provide additional Staff training in procedures -requirements. NCT will partner with the City of National City to obtain the most competitive prices and services whenever possible. General Accounting -Continue use of NC Chart of accounts, and proper assignment of expenses. Cash control procedures were revised, along with monthly reconciliation of bank accounts and data review procedures. All invoices are currently approved by NCT Finance manager and General Manager. Fare Collection -Written procedures are now in place, undercover security will be used in the near future to verify that driver fare collection procedures are maintained, daily reconciliation of fare revenue, armored transport of revenue on daily basis, revenue data reviewed and signed by the General Manager. A New Zero tolerance Policy for negative revenue variances and 1 % for amount overage was established with written explanations by the General Manager in all instances. and 13 RESULTS . NCT Doing a good Job. . No areas of absolute deficiency. . Compliance standards -areas of improvement. 9/20/04 14 NCT is doing a very good job in providing service to its riders, keeping the buses clean and in good working order, collecting data and performing their financial duties and reporting in a timely manner and in general meeting the best practices in the transit industry NCT is in compliance with 100 separate standards and needs improvement in 41 areas. 14 Detailed Action plan • Staff Commitment • Written Procedures and reports. • Designated Safety Officer • Increased Employee training • Independent performance checks • NC awareness of progress • On -going communication and cooperation with NC staff. 9/20/04 15 NCT General Manager and staff has made the commitment to implement the recommendations using the action plan as a guide to accomplish them. • In many areas, NCT is performing the functions needed to meet the standard but does not have written policies and procedures to replicate that success. • In some areas that need improvement, NCT staff has not been called on in the past because of the MTS process or lack of interest in receiving the data. ■ Examples of action plan recommendations include the following: Designation of safety training supervisor, random schedule adherence checks, hiring of bus "checkers" to monitor driver performance, and updating the NCT mission statement. NCT staff will keep the City of National City fully informed as to the on -going process and implementation of recommendations as implemented. NCT staff will continue to meet on a regular basis with National City staff to develop better communications and cooperative abilities whenever possible. 15 Projects and Community Outreach • Planning • Participation and Sponsorships 9/20/04 16 Long range projects currently in the planning stages involving NCT and the City of National City are the Filipino village concept with Jitney service and passenger amenities such bus shelters and benches. The upcoming Public Safety Initiative with NCT purchasing video cameras for designated locations such as along Highland Ave that will be accessible to NC network users such as Police Dept and Fire services. And Community noticing with NCT purchasing electronic kiosks. NCT is in the final procurement stage for the purchase ten bus shelters and benches for placement at designated senior citizen locations such as 21st and L street and two concession style trailers for use in ridership development and distributing system information. These trailers will also be available to NC departments and organizations on a first come first serve loan basis for various events. NCT recently provided a bus to aid evacuation of the fire victims on 18th street and has directly sponsored various events such as "Taste of National City", Parks and Recreation surf camp, NC Chamber breakfasts and luncheons etc and continues to support organizations such as Boys and Girls club, NC Chamber of Commerce, Kiwanis Club and Sweetwater High School via donations and advertising. In closing National City Transit and its employees are an integral part of the City of National City Team and is looking forward to helping turn "Vision into Reality" and Re -inventing National City. 16 EXHIBIT "C" Proposition IA: Protection of Local Government Revenues Proposition 1A is a constitutional amendment on the November 2004 statewide ballot that will end the practice of the state taking funds originally committed to local government to pay for state purposes. Background: Over the past dozen years, in both good economic times and bad, the state Legislature has shifted more than $40 billion in property taxes to the state from cities, counties, special districts and redevelopment agencies, in order to help pay for state responsibilities. The state has also loaned itself local money over the objections of local governments, leaving local communities struggling to fund all their services, including fire protection, paramedic response, law enforcement, healthcare, parks and libraries. Proposition IA: Prop 1A was placed on the ballot by the Legislature in August, as part of the budget package negotiated by Govemor Arnold Schwarzenegger, legislators from both parties, local governments, public safety officials, healthcare advocates, taxpayers and community leaders. It will amend the state constitution to stop such shifts but will allow the state to borrow local funds during times of state fiscal crisis — but only if prior loans have been repaid, and only twice within a ten year period. What Proposition 1A Does: ✓ Restricts the State Legislature's ability to take this local government funding including local government share of existing sales taxes, property taxes and VLF revenues. ✓ Protects this funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. ✓ Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, Legislature must repeal these state -mandates. ✓ Provides flexibility in a state budget emergency. Prop 1A allows the State to borrow this local government revenue if funds are needed in fiscal emergency to support schools or other state programs. What Proposition 1A DOES NOT Do: ✓ Does not raise taxes. Prop 1A helps ensure local governments don't have to raise taxes or fees in the future to make up for revenue taken by the State Legislature. 1 Does not reduce funding for schools or any other state programs or services. ✓ Does not increase funding to local governments. ✓ Does not prevent the state from borrowing local funds in times of fiscal emergency, or shut the door to future reforms of the state -local fiscal relationship. For additional information, including "pro" and "con" ballot arguments and lists of supporters and opponents, please visit the State Secretary of State's website at www.ss.ca.gov. That website provides the following contact information for the "pro" and "con" sides: Proponents: Yes on 1A Califomians to Protect Local Taxpayers and Public Safety 1121 L Street, Suite 803 Sacramento, CA 95814 (800) 827.9086 infoRvesonprop1a.com• www.yesonpropla.com Opponents: Carol Migden, Chairwoman State Board of Equalization 601 Van Ness Ave., #E3-611 San Francisco, CA 94102 PROTECT LOCAL TAXPAYERS ,YES 1A,, ON „„,„, PROTECT PUBLIC SAFETY SERVICES THE PROBLEM LOCAL TAXPAYERS AND PUBLIC SAFETY SERVICES ARE THREATENED For more than a dozen years, the state legislature has been taking local tax dollars that local governments use to provide vital services like fire protection, paramedic response, law enforcement, healthcare, parks and libraries. The State has taken more than $40 billion from cities, counties and special districts in the last 12 years. If these raids continue, it could mean fewer firefighters, fewer law enforcement officers and longer waits at emergency rooms -- or higher local taxes and fees. THE FACTS ABOUT PROPOSITION 1A www.YesonProplA.com THE SOLUTION = PROPOSITION 1A HISTORIC AGREEMENT To PROTECT LOCAL TAXPAYERS AND VITAL LOCAL SERVICES Prop IA is a historic bipartisan agreement between Governor Arnold Schwarzenegger, local governments, legislators, public safety officials, healthcare advocates, taxpayers and community leaders. Prop IA prevents the State Legislature from taking and using local government funds. Prop 1A would keep mote of our local tax dollars local and would protect funding for vital local services like fire and paramedic response, law enforcement, healthcare, parks, libraries, and transportation. What Proposition 1A Does: 1 Restricts the State Legislature's ability to raid local government funding including local government share of existing sales taxes, property taxes and VLF revenues: 1 Protects funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. 1 Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, Legislature must repeal these state -mandates. 1 Provides flexibility in a state budget emergency. Prop 1A allows the State to borrow local government revenues if funds are needed in fiscal emergency to support schools or other state programs. What Proposition 1A DOES NOT Do: O Does not raise taxes. Prop 1A helps ensure local governments don't have to raise taxes or fees in the future to make up for revenues raided by the State Legislature. O Does not reduce funding for schools or any other state programs or services. O Does not increase funding to local governments. O Does not prevent the state from borrowing local funds in times of fiscal emergency, or shut the door to future reforms of the state -local fiscal relationship. Proposition 1A Replaces Need for Prop 65. A coalition of local government officials placed Proposition 65 on the ballot earlier this year to stop the State from taking local government funding. HOWEVER, that was before passage of the historic bipartisan agreement that put Prop 1A on the ballot. Prop 1A is a better, more flexible approach to protecting local services and local tax dollars. That's why ALL the official proponents of Prop 65 are now supporting Proposition 1A and opposing Proposition 65. Paid for By Yes on IA Californians to Protect Local Taxpayers and Public Safety, Sponsored by a coalition of local government organizations, League of California Cities (non-public funds account), California State Association of Counties (non-public funds account) and the California Special Districts Association (non-public funds account). 1121 t_ Street. #803 • Sacramento. CA 95814 • Phone (8001 827-9086 • www.YesonProolA.com PROTECT LOCAL TAXPAYERS YESO1LN PROTECT PUBLIC SAFETY SERVICES Frequently Asked ;Questions About Proposition 1A Q: What would Prop 1A do? A: Proposition 1A would prevent the state legislature from taking and using local tax dollars that local governments use to provide essential services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. Specifically, Prop 1A prohibits the State Legislature's ability to lower the existing city, county and special district's existing share of sales taxes, property taxes and VLF revenues. Proposition IA also requires the state to reimburse local governments for the cost of programs and services it forces cities, counties and special districts to provide. If the state fails to provide reimbursement to local governments for state -mandated local programs, 'the mandate must be suspended, except for specified employee rights and benefits. Q: Why is Prop 1A needed? A: For more than a dozen years, in both good fiscal times and bad, the state legislature has been raiding local tax dollars to pay for state responsibilities — more than $40 billion over the past 12 years. This practice has starved local communities of the funds needed to pay for vital services like fire protection, paramedic response, law enforcement, healthcare, parks and libraries. If these funding raids continue, it could mean fewer firefighters, fewer law enforcement officers and longer waits at emergency rooms -- or higher local taxes and fees. The system is broken. Voters must act now to protect local revenues for local services from being taken by the State. Q: Who supports Prop IA? A: Proposition 1A is a historic, bipartisan accord reached among local government leaders, public safety representatives, Governor Arnold Schwarzenegger, Democrat and Republican state legislators, healthcare advocates, taxpayer groups, business and labor leaders, and many more. The coalition in support of Prop 1A is growing daily. Q: Will Prop 1A raise taxes? A: NO. Proposition 1A will not raise taxes. It simply ensures that existing !mat tax dollars continue to be dedicated to local services. In fact, Prop IA helps ensure local governments aren't forced to raise taxes or fees to make up for revenue raided by the State. Paid for By Yes on 1A Californians to Protect Local Taxpayers and Public Safety, Sponsored by a coalition of local government organizations, League of California Cities (non-public funds account), CaIikw iia State Association of Counties (non-public funds account), and the California Special Districts Association (not -public funds account) 1121 L Street, Suite 803 • Sacramento, CA 95814 • Phone (800) 827-9086 • Fax (916) 442-3510 www.YesonProplA.com Q: What happens in the event of a fiscal emergency? Will this measure tie the legislature's hands in passing a budget or create more problems during the next state fiscal crisis? A: Prop 1A was intentionally written to allow flexibility and provide the Governor and legislature with options — but only in the event of a "significant state fiscal hardship". Under the provisions of Prop 1A, beginning in 2008-09, if the Governor proclaims a "significant state fiscal hardship", the Legislature may suspend the constitutional protection and may borrow local property taxes only under following conditions: • A separate urgency bill must be passed by a 2/3 vote of Legislature; • The Legislature must pass a law to fully repay the loan with interest within 3 fiscal years; • New loans are prohibited until prior loans have been repaid; • No more than two loans may occur during any ten-year period; • The loan amount is capped at 8% of local government property tax amount (equivalent of approximately $1.3 billion in today's property tax dollars); While Prop 1A contains flexibility in a state fiscal hardship, it also prevents the state from using local government funds any time legislators choose. It also requires that future state reductions be repaid in full. Q: Will Prop 1A erode state funding for schools or education? A: No. Prop 1A was carefully written to ensure that it does not reduce funding for education or schools by one dime. Under Proposition 98, schools are guaranteed a level of funding from the state — and Prop 1A does not change that. Q: Does Prop 1A give more protection to local government than schools currently receive? A: NO. Under Proposition 98, schools are guaranteed a minimum amount of funding out of the state general fund and Proposition 1A does not impact those protections at all. Further, comparing the funding guarantees for schools with Prop 1A is an apples -to -oranges protection. Proposition 98 guarantees schools a specific amount of State General fund revenues. Proposition 1A simply protects revenues that are LOCAL GOVERNMENT revenues, but that the state has been taking for more than 12 years. Q: What about other state programs? Will this measure reduce funding for state programs like roads and prisons? A: Prop 1A simply prevents the state from raiding local revenues. The state still has flexibility over its own revenues. Q: Doesn't Prop 1A just add to the state's fiscal woes by initiating further "ballot -box - budgeting" that puts restrictions on how it can spend its revenues? A: No. The initiative does not tell the state how to spend the state's own revenues (as some propositions have done). What it does is prevent the state from raiding local government revenues for state purposes. This will mean that, for the first time in many years, local communities will be have the certainty and predictability they need to plan and provide for current and future service needs. Q: Will this measure prevent state fiscal reform efforts? A: No. The first and most important step in reforming the troubled State -Local fiscal relationship is to protect local government funding from continual state raids. Prop 1A would accomplish this important first step, while also leaving the door open for more comprehensive fiscal reform in the future. Specifically, Prop 1A would retain authority for the Legislature to approve the exchange of local sales tax for an equal amount of property tax when requested by local agreements. Any type of voluntary revenue exchange agreement must be revenue -neutral for the impacted local governments. Q: Does this measure increase revenues to local governments? A: No. Prop 1A simply prevents the state Legislature from further reducing existing levels of local government revenues. Q: Why doesn't Prop IA attempt to recollect lost ERAF property tax dollars? A: Prop 1A was intentionally drafted to draw a line in the sand and prevent future state legislative raids of local government funding. While local governments and services are still deprived by the ongoing state raid of property taxes, given the state of California's fiscal health, we believe a more responsible approach at this time is to "stop the bleeding" at current levels. Q: What happened to Proposition 65, which is also on the November ballot and attempts to protect city, county and special district revenues from state raids? A: Our coalition placed Proposition 65 on the ballot earlier this year, prior to the historic, bipartisan July agreement that placed Prop 1A on the November ballot. After Prop 65 qualified for the ballot, Governor Schwarzenegger approached our coalition and asked that we work with him on an alternative local government protection measure. We agreed to provide the state with short-term contributions from local governments to help the state out of its immense budget problems, and the Governor agreed to work with the legislature to place Prop IA on the ballot and to actively campaign for passage of Prop 1A this Fall. Proposition 65 will continue to be on the ballot, but all of the official sponsors of Prop 65 are now opposing 65 and supporting Prop 1A as a better, more flexible approach to protect funding for local governments and local services. Q: What happens if both Proposition 65 and Prop IA pass? A: Proposition 1A was written so that if it gains more votes than Proposition 65, it supersedes Prop 65 in its entirety. Prop 1A contains language that specifically says that Prop 1A is a "comprehensive and competing alternative" to Prop 65, and that "it is the intent of the people that this measure supersedes in its entirety Prop 65", if Prop 1A gets more votes. YES on1A PROTECT LOCAL TARPAPERS AND PUBLIC SAFETY SERVICES www.YesonPropl A.com What is Proposition 1A? Prop. 1A is an initiative on the November ballot that would prevent the state legislature from taking and using local tax dollars that are used to provide essential services. Top 5 Reasons You Should Support Prop. 'IA: 1. Prevents State from taking and using your local tax dollars that currently go to fund local services. 2. Protects funding for vital local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. 3. Keeps more of your tax dollars closer to home where voters have more control over how funds are used and there is more accountability in how money is spent. 4. Does not increase taxes or take money from education or other groups. Helps ensure that local governments are not forced to raise taxes or fees to make up for funds raided by the State. 5. Provides flexibility in a state budget emergency. Prop. 1A supporters include: • Governor Arnold Schwarzenegger • CaliforniaProfessional Firefighters • California State Firefighters' Association • California_ Police Chiefs Association • Californa'State Sheriffs' Association • Peace Officers Research Association of California • California Association of Public Hospitals and Health Systems • League of California Cities • California State Association of Counties • California Special Districts Association • Hundreds of other individuals, groups, and local governments Things You Can Do to Help Pass Prop. IA in November: ✓ Join our coalition and encourage others to join. Join on-line at www.YesotProp1A.com. ✓ Spread the word. Visit our web site for fact sheets, handouts, and other information you can use to help get the word out about the importance of Prop. 1A. ✓ Make a contribution to the campaign. Every dollar counts. Contribute on-line today or by calling (800) 827-9086. ✓ Get out the vote. Be sure to vote Yes on 1A on November 2nd and encourage others to do so. Paid for By Yes on 1A Californians to Protect Local Taxpayers and Public Safety, Sppnsored by a coalition of local government organizations, League of California Cities (non-public funds account), California State Association of Counties (non-public funds account), and the California Special Districts Association (non-public funds account) 1121 L Street, Suite 803 • Sacramento, CA 95814 • Phone (800) 827-9086 • Fax (916) 442-3510