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HomeMy WebLinkAbout1999 09-07 CC AGENDA PKTCtiA AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, SEPTEMBER 7, 1999 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 24, 1999. COUNCIL AGENDA 9/7/99 Page 2 MAYOR'S PRESENTATION Employee Recognition - Charles Palomino, Fire Captain CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 99-130 Resolution of the City Council of the City of National City approving Council Policy update on the City of National City Investment Policy. (Finance) 2. Resolution No. 99-131 Resolution of the City Council of the City of National City authorizing the City Manager to submit the Local Law Enforcement Block Grant application to the US. Department of Justice, Bureau of Justice Assistance and to sign Grant Award Agreement and all grant related documents. (Police) 3. Resolution No. 99-132 Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with the law firm of Liebert, Cassidy & Frierson to provide special legal services pertaining to employee relations matters. (Personnel) COUNCIL AGENDA 9/7/99 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 99-133 Resolution of the City Council of the City of National City authorizing the Mayor to execute a renewal Agreement with Commonwealth Energy Corporation and a "Greenpower Addendum" to the Agreement. (Public Works) 5. Resolution No. 99-134 Resolution of the City Council of the City of National City approving a time extension for Conditional Use Permit No. 1998-4 granted to GTE Mobilnet of San Diego for a wireless communications facility at 2005 East 4th Street (El Toyon Park). (Planning) 6. WARRANT REGISTER #08 (Finance) Ratification of Demands in the amount of $268,675.87. 7. WARRANT REGISTER #09 (Finance) Ratification of Demands in the amount of $7,187,279.70. 8. Consolidated Cash and Investment Report as of June 30, 1999 (Finance) 9. Street Tree Committee Minutes. (Parks & Recreation) 10. Claim for Damages: Gloria Norvell (City Clerk) COUNCIL AGENDA 9/7/99 Page 4 NON CONSENT RESOLUTION 11. Resolution No. 99-135 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Don Iler, AIA, for a space needs analysis and site review of the headquarters fire station. (Fire) WRITTEN COMMUNICATION 12. A letter from PCEPI President, Ted A. Godshalk, regarding a grant opportunity with U.S. EPA and requesting that the Parks & Recreation Director write the letter for the application package. NEW BUSINESS - CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF --> MAYOR CITY COUNCIL 13. SB 207 Infrastructure financing districts: border zone. (Councilman Beauchamp) COUNCIL AGENDA 9/7/99 Page 5 NEW BUSINESS (Cont.) 14. SB 664 San Diego ferry service: San Diego -Coronado. (Councilman Beauchamp) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSIONS Conference with Labor Negotiators - Government Code Section 54957.6. Agency Designated Representatives - Dan Cassidy and Roger De Fratis Employee Organization: Police Officers' Association Agency Designated Representatives - Roger DeFratis, Brenda Hodges, and Jim Ruiz Employee Organization: Municipal Employees' Association ADJOURNMENT Next Regular City Council Meeting - September 14, 1999 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor DATE: AUGUST 19, 1999 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: EMPLOYEE RECOGNITION The following City employee will complete thirty-five years of service with the City of National City on September 14, 1999: NAME: CHARLES PALOMINO POSITION: FIRE CAPTAIN HIRED: SEPTEMBER 14, 1964 In honor of his service to our community, Mr. Palomino will be recognized at the Council meeting on September 7, 1999. GEORGE H. WATERS MAYOR GHW:nu cc: TOM McCABE, CITY MANAGER CHARLES PALOMINO, FIRE CAPTAIN PERSONNEL DIRECTOR ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 4Pptmbar 7, 1999 AGENDA ITEM NO. 1 ITEMTITLE Resolution Approving Council Policy Update On The City o National City Investment Policy. PREPARED BY Marylou Matienzo Director of Finance EXPLANATION. DEPARTMENT Finance City Council Policy Number 203 provides that the City' Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated City Council Policy. This year's policy incorporated changes to the policy adopted last year dated October as follows: (Please see attachment) s into our some 6, 1998 Environmental Review N / A Financial Statement Applicable Account No. STAFF RECO ENDATION Staff recommends to adopt the resolution approving the updated policy for inclusion in the Policy manual and amend the investment policy adopted by Council on October 23, 1990 BOARD/COMMISSIO RECOMMENDATION ;,✓"r) -) -7 6 L Not Applicable TT.==:CHMENTS (Listed Below) 1. Resolution 2. Updated Investment Policy 3. Summary of Revisions Resolution No 99-130 A-200 (Rev. 9/80) REVISIONS TO THE CITY OF NATIONAL CITY INVESTMENT POLICY 1. PAGE 4 OF 13 Authorized Financial Dealers and Institutions Added: In addition, a list will also be maintained of approved security brokers/ Dealers selected by credit worthiness with at least five years of operation. 2. PAGE 5 OF 13 Eligible Investments Added: Investment of funds in approved & registered financial institutions. Added: The "Prudent Rule Investor" shall apply under certain market conditions to go beyond 2 years if the instrument has a callable, transferable, negotiable feature in which maturity would fall within the limits of the California Government Code Section. 3. PAGE 13 OF 13 5.0 Investment Portfolio Changed: 5.1 Preparation of investment report Sr. Accountant RESOLUTION NO. 99- 130 RESOLUTION OF THE CITY COUNCIL OF 111E CITY OF NATIONAL CITY APPROVING COUNCIL POLICY UPDATE ON THE CITY OF NATIONAL CITY INVESTMENT POLICY WHEREAS, City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually; and WHEREAS, the Finance Director has recommended certain revisions to said policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves revisions to the City's investment policy, as recommended by the Finance Director. PASSED and ADOPTED this 7th day of September, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: OCTOBER 23, 1990 AMENDED OR REVISED: SEPTEMBER 7, 19! Purpose Page l of 13 To provide broad guidelines to the officers of the City charged with the responsibility for investment of temporarily idle funds. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER203 ADOPTED: AMENDED OR OCTOBER:23, 1990 REVISED:SEPTEMBER 7, 1999 Page 2 of 13 This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER.:23, 1990 REVISED: SEPTEMBER 7, 1999 Page 3 of 13 Delegation of Authority Management responsibility for the investment program is hereby delegated to the Finance Director, who shall establish written procedures for the operation of the investment program consistent with the investment policy. Procedures should include reference to : safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any large personal financial investment positions that could be related to the performance of the city's portfolio. Employees and officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOP I'EU: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 4 of 13 Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transactions. Receipt of the policy, including confirmation that it has been reviewed by persons handling the City's account should be acknowledged in writing prior to commencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible investments and the current limits for each type of investment. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER203 ADOPTED: OCTOBER 23, 1990 AMENDED OR REVISED: SEPTEMBER 7, 1999 Page 5 of 13 ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds in approved & registered financial intitutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market conditions to go beyond 2 years if the instrument has a callable, transferable, negotiable feature in which maturity would fall within the limits of the California government Code section. 5. No derivatives will be allowed in the fund, including inverse Floaters, Range Notes, Interest only strips from CMO's or Any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601. 53635 53637 53652 and 43653 ara ac fnllnwc• CITY OF NATIONAL CITY CITY COUNCIL POLICY 1'11'LE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 6 of 14 GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Sponsored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees . The maximum maturity shall be 2 years with a minimum credit requiremnt of AAA which all U.S. Treasuries and Agencies are currently rated. The maximum exposure shall be no more than 10% of the portfolio value. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 270 days. Issuers must be at or above the following investment grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's -Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/ bond of indemnity or some other support agreement. The maximum maturity of an issue shall be 180 days. Issuers must be at or above the following investment grade form one of these rating firms: Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY INVESTMENTS NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 7 of 13 NEGOTIABLE, TRANSFERABLE, OR DIRECT CERTIFICATES OF DEPOSIT are issued by FDIC insured commercial banks and thrift institutions funds deposited for specified periods of time and earn either a fixed or variable interest rate. the maximum maturity of an issue will be generally be no more than 1 year on new investments. Certain exceptions can be made upon the discretion of the Finance Director. The certificate of deposit is issued by a federally insured bank or credit union and must be "well capitalized" as that term referred to in the FDIC Rules and Regulations. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or Aa, Standard and Poor's - Al or AA. Issued is limited up to $100,000 with a total maximum exposure at 10% of the portfolio value. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund with the state agency. This is a liquid investment that has no maximum maturity and an investment Cap of 30 million for each participant. The Finance Director shall have the authority to adjust the investment portfolio percent distribution and maximum maturities depending on certain market conditions in accordance to the terms of the government codes. Collateralization To secure active or inactive deposits, the amount of securities placed with agent depository shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for certificates of deposits to the extent of FDIC or FSLIC insurance coverage. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 8 of 13 Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's approval. Safekeeping and Custody All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery -versus -payment (DVP) basis. Securities will be held in a third party custodian/safekeeping account. Said securities shall be held in a manner that establishes the City's right of ownership. Diversification The City will diversify its investments by security type and institution. With the exception U.S. Treasury securities and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the City's total investment portfolio being invested in a single security type or with a single financial institution. Maximum Maturities To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five years from the date of purchase without specific approval by the City Council. The maturity of such investments shall be made to coincide as nearly as practicable with expected use of the funds. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 9 of 13 Internal Control A system of internal control shall be maintained to prevent losses arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City. Controls deemed most important include: control of collusion, separation of duties, clear delegation of authority, written confirmation of transactions initiated by telephone, and documentation of transactions. The matrix of segregation of responsibilities of investment functions shown in Exhibit "A" attached hereto and incorporated herewith shall be implemented and adhered to. Non -Discrimination The City shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports directly or indirectly through its actions discrimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six months Treasury Bills. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 Page 10 of 13 Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. Reporting The Finance Director shall render a monthly report to the City Council and City Manager showing the following information: 1. Type of investment. 2. Name of financial institution. 3. Date of deposit. 4. Date of maturity. 5. Amount of deposit or carrying cost of the security. 6. Current market value for all securities with a maturity of more than 12 months. 7. The rate of interest. 8. A statement relating the report to the investment policy. 9. A statement that the City's expenditure requirements can be met in the following month. 10. At the end of each fiscal year, a schedule comparing the investment portfolio performance against the established benchmark. A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any additional information fully describing the security. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS POLICY NUMBER203 ADOPTED: OCTOBER 23, 1990 Policy Review AMENDED OR REVISED: SEPTEMBER 7, 1999 Puyrl of 13 This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. the auditors should confirm all investment holdings. Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 CITY OF NATIONAL CITY CITY COUNCIL POLICY 111'LE: INVESTMENTS POLICY NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 City of National City Investments Functions Segregation of Responsibilities FUNCTION 1.0 Invest Policy: 1.1 Preparation and annual review of Investment policy. 1.2 Approval of Investment Policy. 2.0 Investment Transactions: 2.1 Calculation of Cash position. 2.2 Investment recommendation: Determination of amount to be invested, selection of type of investment and term of investment. 2.3 Review of Investment recommendation and execution of transaction. 3.0 Recording of transactions: 3.1 In Investment subsidiary ledgers. 3.2 In accounting records. 3.3 Match Investment confirmation to subsidiary ledgers. 4.0 Safeguarding of assets and records: 4.1 Reconciliation of subsidiary records to the accounting records. 4.2 Reconciliation of subsidiary records to bank statements and safekeeping records. 4.3 Review of financial Institutions and investment brokers' reputation and financial condition. rage IG of la RESPONSIBILITY Finance Director City Council Finance Director Finance Director City Treasurer Finance Director Finance Director Accountant Accountant Accountant Accountant Finance Director CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: INVESTMENTS NUMBER 203 ADOPTED: AMENDED OR OCTOBER 23, 1990 REVISED: SEPTEMBER 7, 1999 4.4 Review of collaterals. 4.5 Control, follow up and caluculation of interest earnings. 4.6 Review and calculation of applicable fees, discounts, premiums, commissions and other costs associated with placing investments. 4.7 Maintain a separate file for each investment banker and broker authorized to do business with the City. 4.8 Distribute and secure acknowledgements of the City's investment policy from authorized banks and brokers. 4.9 Review the audited financial statements submitted by the investment brokers on an annual basis. 4.10 Gather data of comparable investment rates on a daily basis for the Finance Director's review 4.11 Review the status of investment banks through the Financial Services Information 5.0 Investment portfolio: 5.1. Preparation of investment report. 5.2 Review of portfolio for compliance with stated investment policy 5.3 Approval of Investment Report Page 13 of 13 City Treasurer Accountant Accountant Accountant Accountant Accountant Accountant Accountant Sr. Accountant Finance Director City Council CITY OF NATIONAL CITY City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 1999 AGENDA ITEM NO. 2 iITE TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO su± r'il1LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE AND TO SIGN GRANT AWARD AGREEMENT AND ALL GRANT RELATED DOCUMENTS. PREPARED BY DEPARTMENT /l! EPLe4 AIENANT MIKE IGLESIAS POLICE DEPARTMENT On July 22, 1999, the National City Police Department received an application package for a federal grant known as the Local Law Enforcement Block Grant Program. These grants are administered by the U.S. Department of Justice and are similar in many respects to CDBG funds in that they are awarded to local governments who have a significant amount of flexibility in deciding how the funds are to be expended. Like CDBG funding, only a general categorical description and not specific plans on how the money will be expended needs to be submitted to the federal government in order to receive the funds. Local governments, cities and counties, are eligible for Law Enforcement Block Grant funds. The amount of Local Law Enforcement Block Grant funds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City received $183,809 in FY 98/99 Local Law Enforcement Block grant funding last year. Based upon the same formula, the City of National City is eligible to apply for $198,757 in FY 1999/00 Loral Rnfnrrement Block grant funds. (cont) Environmental Review xx N/A Financial Statement The local match for the Local Law Enforcement Block Grant award will be $19,876. There should be no fiscal impact to the budget as the Police Department intends to fund the match with Asset Forfeiture funds. STAFF RECOMMENDATION Approve the Resolution. BOARD I COMMISSION RECOMMENDATION N/A Acco'nt No. ✓ -tt ATTACHMENTS ( Listed Below ) -Local Law Enforcement Block Grant application -Resolution Resolution No. 99-131 A-200 (9/80) COUNCIL AGENDA STATEMENT APPLICATION-1999/00 LOCAL LAW ENFORCEMENT BLOCK GRANT PAGE 2 The award period for the Local Law Enforcement Block Grant would cover two federal fiscal years, (October 1,1999-September 30, 2001.) This program requires a 1096 percent local cash match. It is the intent of the Police Department to fund the local match requirement with asset forfeiture funds. One of the provisions of the 1998 Local Enforcement Block grant program, is that in order to receive full funding, the City of National City must comply with Section 615, of the Fiscal Year 1998 Appropriations Act: Alu-O'Hara Public Safety Officers Health Benefits Act which requires entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above circumstances and is therefore out of compliance with this provision. As was the case with the Local Law Enforcement Block Grant Award that the City of National City received last year, this will result in a 10% reduction of the Local Law Enforcement Block Grant award, but not a complete disqualification from receiving the funds. The reduced Local Law Enforcement Block Grant Award that the City of National City will likely receive will be approximately $178,881. The local match for this reduced award will be approximately $19,876. The funds under this program may be used for any of the following purposes. 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment, technology, and other material related to basic law enforcement functions. 2. Enhancing school security and school security measures at any other facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug courts. COUNCIL AGENDA STATEMENT APPLICATION-1999/00 LOCAL LAW ENFORCEMENT BLOCK GRANT PAGE 3 4. Enhancing the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establishing multi -jurisdictional task forces which work to prevent and combat crime. 6. Establishing crime prevention programs. 7. Defraying the cost of indemnification or insurance for law enforcement officers. The Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. Due to the fact that this is only a two year grant, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purchases than for hiring officers or other personnel. The funding under this program would be ideal for meeting some of the Police Department's equipment and technology needs. The proposed Resolution would authorize the City Manager to submit the application for Local Law Enforcement Block grant funds for to the U.S. Department of Justice -Bureau of Justice Assistance and to sign the grant award and all necessary grant related documents. In 1997 Council established the Local Law Enforcement Block Grant Advisory Board consisting of representatives from the police, prosecutor's office, court system, public schools and a nonprofit, religious or community group active in crime prevention, drug use prevention or treatment. As required by federal law, any applications to Council for the funds must be reviewed by the Advisory Board which makes non -binding recommendations to Council. At least one public hearing must be held regarding specific plans for the use of grant funds. As with CDBG funds, Council will have the ultimate authority for approving the specific uses of the Law Enforcement Block grant funds. The local advisory board review and public hearings do not need to be held prior to submission of this application to the federal government but must be held prior to the Council distributing any of those funds. It is the intent of the Police Department to submit a proposal to the Council for specific expenditures of the Law Enforcement Block grant funds for police equipment/technology after the city receives the grant award. RESOLUTION NO. 99-131 RESOLUTION OF'1'HE CITY COUNCIL OF 1'HE CITY OF NATIONAL CITY AUTHORIZING'1Hle CITY MANAGER TO SUBMIT THE LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND TO SIGN GRANT AWARD AGREEMENT AND ALL GRANT RELATED DOCUMENTS WHEREAS, Local Law Enforcement Block Grants are administered by the U.S. Department of Justice; and WHEREAS, the amount of Local Law Enforcement Block Grant funds that each city is eligible for is based upon the population and the crime rate according to the FBI Uniform Crime Reports; and WHEREAS, last year National City received $183,809 in Local Law Enforcement Block Grant funding; and WHEREAS, based on last year's formula, National City is eligible to apply for $198,757 in Fiscal Year 1999/2000 Local Law Enforcement Block Grant funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to submit the Local Law Enforcement Block Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance and to sign the Grant Award Agreement and all grant related documents. A copy of the agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 1999. Al'EST: Michael R Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor Page 1 of 1 Part II LLEBG Application Local Law Enforcement Block Grants Application Fiscal Year 1999 The following is a printout of your junsdiction's online application for the Fiscal Year 1999 Local Law Enforcement Block Grants (LLEBG) Program. Your jurisdiction's chief executive officer (or an official delegate) has completed the information listed below and electronically submitted it to the Bureau of Justice Assistance (BJA) for approval. Jurisdiction Name of Jurisdiction: NATIONAL CITY CITY Federal Award Amount: 198757 State: CA Match Amount: 19876 Census ID#: 52037008 OJP Vendor ID#: 956006749 Chief Executive Officer Information Name: Tom McCabe City Manager��6-4240 Manager Address: 1243 National City Boulevard National City, Californi 91950 ph: 619a 3 1 ( ) Y Programmatic Contact Information Address: 1200 National City Boulevard National City, California CA 91950 Name: Michael Iglesias Title Lieutenant Ph: (619) 336-4508 Y The Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-277, provides funds for the implementation of the LLEBG Program, to be administered by BJA, U.S. Department of Justice. The purpose of the LLEBG Program is to Provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The LLEBG Program allows jurisdictions to find criminal justice initiatives in the following seven purpose areas: supporting law enforcement; enhancing security measures; establishing or supporting drug courts; enhancing the adjudication of cases involving violent offenders; establishing multijurisdictional task forces; establishing community crime prevention programs; and indemnification insurance. The LLEBG Program is administered by the State and Local Assistance Division, BJA. If you have any questions, please contact us at (202) 305-2088. ndicates required http:Ugrants.ojp.usdoj.gov:8003/gms/plsgl/llebg_main pkg.certified City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE September 7, 1999 AGENDA ITEM NO, 3 r ITEM TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH THE LAW FIRM OF LIEBERT, CASSIDY & FRIERSON TO PROVIDE SPECIAL SERVICES PERTAINING TO EMPLOYMENT RELATION MA LEERS PREPARED BY DEPARTMENT Roger DeFrati Personnel EXPLANATION. The proposed action would extend for an eleventh year the Agreement with Liebert, Cassidy & Frierson under which that firm is retained for assistance on employee relation matters. The previous Agreement expired on August 31, 1999. The new contract year would run from September 1, 1999 through August 31, 2000. Under the proposed Agreement, similar services would be provided at no increase in retainer costs. Funds are budgeted in the 1999-00 budget. This service has proven to be highly effective and useful during the previous term of the Agreement by providing City access as needed to a labor relations legal specialist who is familiar with National City. Environmental Review N/A Financial Statement Total fee of $20,000 is budgeted. STAFF RECOMMENDATION Adopt the Resolution. BOARD/COMMISSION RECOMMENDATION N/A TT LCHMENTS (Listed Below) Proposed Resolution Proposed Agreement 001-409-000-213 Account N Resolution No 99-132 A-20o (Rey. 9/80) RESOLUTION NO. 99-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LAW FIRM OF LIEBERT, CASSIDY & FRIERSON TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYEE RELATIONS MATTERS BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to enter into an agreement with the law firm of LIEBERT, CASSIDY & FRIERSON to provide special legal services pertaining to employee relations matters. Said agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of September, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney LIEBERT, CASSIDY & FRIERSON 6033 West Century Boulevard, Suite 601 Los Angeles, California 90045-6410 tel 310-645-6492 fax 310-337-0837 email Icfa@aol.com 49 Stevenson Street, Suite 1050 San Francisco, California 94105-2909 tel 415-546-6100 fax 415-546-6831 email lcfsf@aol.com August 19, 1999 Park Morse Assistant City Manager City of National City 1243 National City Blvd. National City, CA 92050-4397 Re: Agreement for Special Services Dear Mr. Morse: Enclosed please find the Agreement for Special Services between the City of National City and our Firm. Our current Agreement with the City expires on August 31, 1999. Please have the Agreement executed and return a signed copy to this office for our records. If you have any questions, please do not hesitate to call. Very truly yours, LIEBERT, CASSIDY & FRIERSON Enclosure 34545.1 By Melanie M. Poturica Managing Partner A Professional Law Corporation ANNUAL RETAINER AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into this day of , 1999, between the CITY OF NATIONAL CITY, A Municipal Corporation (hereinafter "City") and the law firm of LIEBERT, CASSIDY & FRIERSON, A Professional Corporation (hereinafter "Attorney"). WHEREAS City desires to retain expert representation and consulting services to assist City in its relations and negotiations with its employee organisations; and WHEREAS Attorney is specially experienced and qualified to perform the services desired by the City and is willing to perform such services: NOW, THEREFORE, City and Attorney agree as follows: 1. At the direction of the City Manager, or his/her designee(s), Attorney shall perform for the City all necessary and reasonable services relating to employer -employee organization relations and employment relations, including the providing of expert advice to the City Council and City Manager or their designee(s), representing City in negotiations with employee organizations, the drafting of Memorandums of Understanding, planning, reporting and study sessions with City Management, and assistance in administering Memorandums of Understanding and personnel ordinances and rules. 2. For Attorney's aforesaid services performed under this Agreement, City shall pay Attorney an annual retainer fee of $20,000 for one bargaining unit negotiation. Said fee is payable as follows; Five Thousand Seven Hundred Dollars ($5,700.00) upon the effective date hereof, and eleven (11) monthly payments of One Thousand Three Hundred Dollars ($1,300.00) on or before the first day of each month during the balance of the term hereof, commencing September 1, 1999; plus necessary costs and expenses as authorized by the City: provided however, the City may, at its option, compensate Attorney for additional unit negotiations at the hourly rates provided for under paragraph 3 below. Said fees shall be payable on the fifteenth day of each month during the term hereof commencing on the effective date of this agreement. 3. Representation in connection with administrative hearings and court proceedings are not covered under the basic services hereunder. Attorney shall, upon request of the City, provide such representation at the rate of between One Hundred Thirty -Five and One Hundred Ninety -Five Dollars ($135.00 - $195.00) per hour for the actual time such representation services are rendered, plus necessary costs and expenses authorized by the City. 4. The term of this Agreement is twelve months, commencing September 1, 1999, through August 31, 2000. The term may be extended for additional periods of time by the written consent of the parties. 5. It is understood and agreed by the parties that Attorney is and shall remain an independent contractor under this Agreement. The parties have caused this Agreement to be executed and to be effective the day and year first above written. LIEBERT, CASSIDY & FRIERSON CITY OF NATIONAL CITY A Professional Corporation 34527.1 A Municipal Corporation By City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 1999 4 AGENDA ITEM NO. ITEM TITLE Renewal of Commonwealth Energy Se ices Agreement with Greenpower Addendum PREPARED BY T. McAvoy EXPLANATION DEPARTMENT Public Works At the June 9, 1998 Council meeting, City Council awarded a contract, as negotiated by SANDAG on behalf of its member agencies to Commonwealth Energy Power Services for the purchase of electric energy power. The term of this contract was for one year with provisions for four (4) one year renewals. Under this contract, accounts are receiving a savings of 2.5% below what we would have otherwise paid. We are now asking that Council renew this contract for Fiscal Year 2000 with the "Greenpower Addendum" which will generate additional savings through the purchase of energy generated through renewable energy sources. Environmental Review X N/A Financial Statement Funds reside in budgeted Public Vj4prks accounts: 626-422-223-234 001-422-221-235 4 i l A 125-422-2 -2341 Account No. STAFF RECOMMENDA'JON Adopt the Resolution approving contract renewal with the Greenpower Addendum. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Report from the San Diego Regional Power Pool 2. Council Agenda Statement Package of June 9, 1998 3. Renewal of Power Services Agreement Resolution Nof 99-133 4. Greenpower Addendum 5. Resolution A-200 (9/80) RESOLUTION NO. 99- 133 RESOLUTION OF 1111. CITY COUNCIL OF 1HE CITY OF NATIONAL CITY AUTHORIZING ME MAYOR TO EXECUTE A RENEWAL AGREEMENT WITH COMMONWEALTH ENERGY CORPORATION AND A "GREENPOWER" ADDENDUM TO 1111: AGREEMENT WHEREAS, at the City Council meeting on June 9, 1998, the City Council approved an agreement, as negotiated by SANDAG on behalf of its member agencies, with Commonwealth Energy Corporation for the purchase of electric energy power; and WHEREAS, the term of the contract was for one year with provisions for four (4) one-year renewals; and WHEREAS, because the City is receiving a savings of 2.5 percent on energy services under the agreement with Commonwealth Energy Corporation, it has been recommended that the agreement be extended for an additional one year term; and WHEREAS, it has also been recommended that the City enter into a "Greenpower" Addendum which will enable the City to realize additional savings through the purchase of energy generated through renewable energy sources. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a renewal agreement with Commonwealth Energy Corporation and a "Greenpower" Addendum to the agreement. A copy of the agreement and the addendum are on file in the office of the City Clerk. PASSED and ADOPTED this 7a` day of September, 1999. George H. Waters, Mayor A11'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney San Diego Association of Governments BOARD OF DIRECTORS April 23, 1999 AGENDA REPORT No.: 99-4- 23 Action Requested: INFORMATION REPORT FROM THE SAN DIEGO REGIONAL POWER POOL Introduction SANDAG authorized the formation of the San Diego Regional Power Pool in March of last year. The Board also created a Power Pool Committee consisting of a representative of each participating public agency to make decisions and recommendations to the agencies on power contracts and related matters. Attachment A lists the Power Pool Executive Committee and the 78 current member agencies. Commonwealth Energy Corporation is the private energy service provider of electricity to the Power Pool's members, SANDAG provides staffing and contracts for expert consultant assistance, and SDG&E continues to provide transmission, distribution and billing facilities and services. This report discusses the Regional Power Pool's progress in its first year and recent actions by the Power Pool Committee to recommend to the member agencies that they: • Review their membership in the Power Pool for the coming year and offer membership in the Power Pool to public agencies in the San Diego region who are currently not members. • Provide an option to the Power Pool's members to purchase green power generated by a renewable, less polluting energy source, at a savings equal to or greater than the Pool's existing discounts. Discussion First Year's Progress The first year's accomplishments have included the following: 1. Creation of the San Diego Regional Power Pool as an operating entity with 78 member agencies, a decision -making body, governance structure, and staff. 2. Execution of Power Service Agreements among the Power Pool member agencies, SANDAG and the private sector energy services contractor to provide guaranteed discounts on electricity bills. 3. Transfer of 4,500 electric accounts to the Power Pool. Accounts are receiving a savings of 2.5% below the total monthly electric utility bill they would have otherwise paid. 4. Installation of about ,500 "smart meters" on larger Power Pool electric accounts. The meters read electricity use hourly and can be used to design energy efficiency programs to save additional electric energy and further lower bills. The first year's experience also included a number of challenges and problems which staff and SANDAG's electric industry consultants believe have been worked out satisfactorily. It should be noted that private sector energy service providers and utilities throughout the state have experienced similar problems. SDG&E and the Power Pool's private energy service provider have worked together diligently to solve these problems. Difficulties were experienced in transferring accounts and meters to the Power Pool, and in billing and accounting for the energy savings. Currently, about 175 smaller accounts have still not been transferred to the Power Pool due to discrepancies in account location and identification information, and there are around 100 smart meters that have yet to be installed due to logistical and supply problems. The Regional Power Pool's electric service provider has agreed to provide discounts retroactive to October 1, 1998 to all accounts where savings have been delayed because smart meters were installed at a later date. The discounts received by the Power Pool to date total approximately $100,000. In the coming year, with all of the Power Pool accounts active, savings should total over $900,000. Public Agency Renewal of Power Pool Membership for FY 2000 The San Diego Regional Power Pool Committee recommended at its April 9, 1999 meeting that the Power Pool's current members renew their membership in the Pool, and their contracts for electricity supply and discounts with the current energy service provider — Commonwealth Energy Corporation — for another year. The Committee also recommended that the approximately 30 public agencies in the region that currently are not members of the Power Pool be invited to participate. The Power Pool's members are positioned to receive a full year's cost savings now that the implementation phase is essentially complete. With start-up completed, the Power Pool Committee can evaluate additional potential cost saving opportunities such as energy efficiency and management programs and renewable energy initiatives. 2 Green Power Option At the request of the Power Pool Committee, Commonwealth Energy Corporation has developed a very favorable offer to the Pool's member agencies to purchase 100% geothermal power from California sources in the Geysers area 100 miles north of San Francisco. Geothermal energy is a renewable energy source with very low air emissions and solid waste generation rates. There will be no change in power reliability whatsoever if an agency decides to purchase green power. It has been certified by the California Energy Commission to receive credits from the state's Renewable Resource Trust Fund, which will allow the Power Pool members to purchase it at an estimated discount of between 3% and 5% below the comparable total utility electric bill. This discount is even better than the Power Pool's basic discount. There are restrictions on the amount of state credits available to specific accounts based on the electric demand of the account and its total annual electricity usage. The Green Power offer allows each account to switch back to the Power Pool's basic discounts when these limits are reached. Attachment B is a fact sheet on green power prepared by the Regional Energy Office at the Request of the Power Pool Committee. The purpose of the fact sheet is to describe the positive environmental and energy benefits of green power, and to assist member agencies in evaluating the Power Pool's green power option. Conclusion The San Diego Regional Power Pool is leading the way in defining and creating a competitive market that responds to the needs of public agencies in California. In the next year, the Power Pool will continue to serve as a key test case of the advantages predicted for partial deregulation of the state's electricity market. THE. SUJ.7.F Executive Director Attachments Key Staff Contact: Steve Sachs, (619) 595-5346; e-mail: ssa@sandag.cog.ca.us Funds are Budgeted in Overall Work Program #105.06 3 Attachment A San Diego Regional Power Pool San Diego Regional Power Pool Executive Committee Executive Committee Members Mayor Dick Lyon, City of Oceanside, Chair Councilmember Ramona Finnila, City of Carlsbad Councilmember Harry Mathis, San Diego Trolley, Inc. Councilmember John Moot, City of Chula Vista Councilmember Mark Rozmus, City of San Marcos Councilmember Richard Ramos, City of El Cajon Supervisor Pam Slater, County of San Diego Ken Andrecht, Port of San Diego Paul Dorey, Vista Irrigation District Karlena Rannals, Rancho Santa Fe Fire District Owen T. Sweeney, San Diego County Office of Education Arthur Triplette, San Diego City Schools Committee Members Alpine Union School District Bonsall Union School District Borrego Springs Fire Protection District Borrego Springs Unified School District Borrego Water District Cajon Valley Union School District Cardiff School District Carlsbad Unified School District Chula Vista Elementary School District City of Carlsbad City of Chula Vista City of Coronado City of Del Mar City of El Cajon City of Encinitas City of Escondido City of Imperial Beach City of La Mesa City of National City City of Oceanside City of Poway City of San Marcos City of Santee City of Solana Beach City of Vista Coronado Unified School District County of San Diego Dehesa School District Del Mar Union School District Encina Wastewater Authority Encinitas Union School District Escondido Union High School District Escondido Union School District Fallbrook Elem. School District Fallbrook High School District Jamul-Dulzura School District Julian Union High School District Julian Union School District La Mesa - Spring Valley School District Lakeside Union School District Lemon Grove School District Leucadia Water District Mountain Empire Unified School District National School District North County Fire Protection District North County Transit District Oceanside Unified School District Otay Municipal Water District Padre Dam Municipal Water District Pauma School District Poway Unified School District Rancho Santa Fe Fire Protection District Rancho Santa Fe School District San Diego Community College District SD County Office of Education San Diego County Water Authority San Diego Transit Corporation San Diego Trolley San Diego Unified Port District San Diego Unified School District San Dieguito Irrigation District San Dieguito Union High School District San Elijo Joint Powers Authority San Marcos Unified School District San Pasqual Union School District San Ysidro School District Santee School District Solana Beach School District South Bay Union School District Spencer Valley School District Sweetwater Union High School District Vallecitos School District Valley Center Fire Protection District Valley Center Union School District Vista Irrigation District Vista Unified School District Warner Unified School District Yuima Municipal Water District 4 Attachment B San Diego April 14, 1999 Fact Sheet on Renewable ("Green") Power The San Diego Regional Energy Office has prepared this report on renewable energy for the San Diego Regional Power Pool participants. The purpose of the report is to provide a better understanding of the issues to be considered while evaluating renewable or "green" power options. Commonwealth Energy Corporation, the Power Pool's energy service provider, recently submitted a green power purchase option for consideration by the Power Pool's members. Electric industry Restructuring, Choice and Renewable Energy California's $22 billion electric industry restructuring has provided the customer with important choices with respect to their provider and source of electricity. With this choice comes the ability to influence the source of electricity production, particularly with respect to environmental impacts of power supply. The evolution of this "customer -driven" market provides aggregated customer groups, such as the San Diego Regional Power Pool, a unique opportunity to affect positive changes on industry behavior by choosing cleaner, less -polluting renewable, or "green" sources of electric power. Market power can provide the necessary demand to significantly influence the increased rate of development and supply of renewable power. Definition of Renewable Energy Renewable energy sources are either continuously supplied (such as sunlight), or tap inexhaustible resources (such as in geothermal, landfill gas or hyrdoelectric). In contrast, fossil fuels form relatively slowly in comparison to consumption. Coal, natural gas and oil rely on a finite resource supply that may eventually be exhausted. In addition, these sources are more polluting when used to produce electricity. The California Energy Commission defines eligible renewable energy as geothermal, small hydroelectric (30MW or smaller), solar thermal, photovoltaic, wind and biomass. Non- renewable sources of energy include coal, large hydroelectric, oil, natural gas and nuclear. Geothermal plants similar to those in operation in Northern California and the Imperial Valley. Eight power plants at the Salton Sea now supply 235 MW of power to southern California. 5 Commonwealth Energy's green power purchase option is supplied by geothermal power from plants similar to those shown in the photo at right. Geothermal power plants take advantage of a natural, clean energy source —heat from the Earth's interior —to produce electricity. Under the right geological conditions, the Earth's heat collects in large underground reservoirs of steam or hot water. This energy is tapped by drilling wells into the reservoirs and piping the steam or hot water to power plants, which convert the heat to electricity. "System Power vs. Green Power" The California Energy Commission has developed a "Power Content Label" that enables customers to compare and evaluate green energy offerings. The current contract with Commonwealth delivers the same traditional "system" power that is typically provided by SDG&E (procured through the California Power Exchange [PX]). The current mix of PX energy resources is exhibited in the Power Content Label. In contrast, Commonwealth's offering would show 100% Geothermal. In spite of the changes within the utility industry over the last few years, the electric utility system has always favored conventional fossil fuels for power generation over renewable resource options. However, barriers to renewable energy persist. For example, although efficiency and renewable energy technologies are often less expensive on a life -cycle basis, their up -front costs are typically higher, and thus present a barrier to most customers. POWER CONTENT ENERGY RESOURCES SOG&E POWER* (Projected) 11% LABEL 1997 CA POWER MIX** (tor Comparison) 11% Eligible Renewable - Biomass & waste 2% 2% - Geothermal 5% 5% - Small hydroelectric 2% 2% - Solar <1% <1% -Wind 1% 1% Coal 21% 21% Large Hydroelectric 23% 23% Natural Gas 30% 30% Nudear 15% 15% Other <1% <1% Total 100% 100% • 0%d SOME Power is speciallyprchased from h i ideal suppler'. are estimated annually by the California Energy based on the electricity sold to Caliomia consumers during the previous year. For specific Intonation about this electricity product, contact San Diego Gas & Electric. For general kibanallon about the Power Canters Label, contact the California Energy Commission at 1.800-555-7794 or www.energyca.gw/consumer The Benefits of Renewable Energy The benefits of renewable energy are significant The following is a brief discussion of the primary benefits: 1. Renewable energy reduces negative Impacts of power production on the environment. Renewable energy minimizes, and in some cases eliminates, negative environmental impacts of electric generation. The production of conventional, fossil fuel -based energy accounts for the majority of air pollution and is the primary source of greenhouse gases. Coal-fired power plants 6 emit most of this pollution. Even though there are no coal plants in the San Diego region, over 20% of the California electricity supply is generated by coal and over 50% from fossil fuels. Electricity generation is responsible for approximately 80% of carbon dioxide emissions, 70% of sulfur dioxide emissions, 33% of nitrogen oxide emissions, 23% of mercury emissions, and 23% of direct emissions of airborne particulates'. As a result of the emissions, smog forms when nitrogen oxides and reactive organic gases combine, especially on warm, still days. Smog causes crop, forest, and property damage. Sulfur dioxide and nitrogen oxides both combine with water in the atmosphere to create acid rain, which acidifies soils and waters, producing negative impacts on plants, fish, and the animals. Carbon dioxide emissions are primary source of greenhouse gas emissions, which are attributed to global warming. The effects of global warming are uncertain, but they potentially include disruption of global weather patterns and ecosystems, flooding, severe storms, and droughts. Decreasing environmental impacts and costs through the use of renewable energy technologies will save money and help preserve and sustain our natural resources for future generations. With the passage of the Clean Air Act Amendments in 1990, the U.S. Environmental Protection Agency (EPA) initiated tighter controls on power -plant emissions of sulfur dioxide, which is the prime cause of acid rain. Geothermal plants emit less than 1% of the carbon dioxide of fossil - fuel power plants2. Geothermal power plants are particularly well suited to meet the EPA requirements for clean air because they emit no nitrogen oxides and very low amounts of sulfur dioxide. Many plants can reduce air emissions to zero. 2. Renewable energy promotes the use of secure, indigenous, and replenishable natural resources and enhances business and economic development Eighty percent of every dollar spent on non -indigenous electricity is exported out of the local economy. In addition, the greater the reliance on non -indigenous generation resources, the less secure the generation supply (e.g., during natural disasters). Three examples of economic benefits of renewable energy include: • Decreasing our nation's dependence on oil imports saves money and enhances national security; • Avoiding the environmental costs of fossil -fueled energy sources saves money; and • Business growth surrounding the development and sales - domestic and international - of renewable energy technologies, generates income and jobs. The Drawback of Renewable Energy The major drawback to renewable energy is the cost premium which generally ranges from 5 to 30 percent, depending on the technology, and whether the source is existing or new. Many argue that the higher cost is justified by the avoided environmental costs, reduced financial risks such as future regulations, taxes on greenhouse gases, and price fluctuations associated with fossil fuels. 2 U.S. Department of Energy (DOE), National Renewable Energy Laboratory (NREL). Energy Information Administration, "State Electricity Profiles", DOE/EIA-0629, March 1999. 7 In the Commonwealth Energy offering, incentive funds provided by the California Energy Commission3 exceed the cost premium of the geothermal power, therefor, the net cost is less than conventional system power. Reliability of Renewable Energy From the perspective of the Regional Power Pool, the reliability of electric service is a function of the distribution system, not the generation source. Regardless of the energy provider or the type electricity purchased, the distribution of electricity will continue to be managed by SDG&E with oversight from the California Public Utilities Commission. Public Support of Renewable Energy Recent surveys indicate that a large segment of the population recognizes the benefits of renewable energy and are willing to pay a premium. The Significance of Electricity Choice Willingness to Pay for Renewably Generated Electricity To 4% To 9% To 19% To ftP% TO $P% Paernt Prosn1um Results of recent surveys indicating the willingness to pay a premium for renewable energy. Historically, local government agencies have been accountable to their constituents on a variety of utility decisions that effect the community and its quality of life. These decisions range from waste collection and sewage to water distribution and storage. City and County government officials evaluate the consequences of these decisions and their effect on their communities, particularly where environmental impacts are concerned. Government agencies have not historically been involved with electricity as a commodity. Like most products, electricity consumers don't connect their purchase of electricity to its environmental impacts. In many cases the impacts are outside the boundaries of the agencies so it does not appear to be a local issue. The issue of choice presents San Diego regional public agencies with a chance to influence clean air and future energy options. The choice of renewable energy is consistent with the policies set forth in the Regional Energy Plan. If you have any questions on this report, would like assistance during your deliberations regarding the green power offering, or if you would like more information on renewable energy or other means to supply loads from renewable energy (e.g., on -site solar photovoltaics), please do not hesitate to call the Regional Energy Office at (619) 595-5630. 3 The source of renewable energy incentives is the AB 1890 "public goods" surcharge on all electric customer bills. 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 9, 1998 10 AGENDA ITEM NO ITEM TITLE SAN DIEGO REGIONAL POWER P00 PREPARED BY EXPLANATION. See attached. Terry McAvoy DEPARTMEN Public Works Environmental Review x N/A Financial Statement Funds reside in annually budgeted Public Works operational accounts. && t Account No 001-422-221-235 125-422-222-234 626-422-223-234 STAFF RECOMMENDATION That Council award a contract for electric energy power service to CoenonWeal-th Energy Power Services, and authorize the Mayor to sign a Memo- randum of Understanding with Sandag as a particiapnt in the San Diego Regional Power Pool as well as, a contract with CommonWealth Energy Power Service for electric power. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No 98-66 Letter dated 13 April, 1998 with attachments Memorandum of Understanding the Sandag CommonWealth Energy Power Services Agreement A-200 (Rev. 9/80) As council is aware the San Diego Association of Governments ( SANDAG) has been pursuing the development of a Regional Power Pool. These efforts have resulted in an offering by Commonwealth Energy for the providing of electric energy service to participants in the San Diego Regional Power Pool. SANDAG is requesting the City's consideration of this offering and participation in the Regional Power Pool. Staff has reviewed this offering and has found it to be acceptable. Energy related savings associated with this offering equal approximately $15,000 over the one year term of the offering. The contract to be signed with Commonwealth Energy is a stand alone contract for a one year term. In no way is the City liable for the contractual obligations of any other participating agency. Each Contract for energy service is separate and complete. SANDAG's continuing function will be as a clearinghouse for information dealing with energy deregulation ,wherein a consultant can be retained on behalf of all participating agencies to assist in monitoring legislation associated with energy deregulation and the formulation and evaluation of an RFP for energy services for the following year. The offering by Commonwealth Energy provides a funding mechanism to support this Consultant activity. A representative for SANDAG is available to answer any questions. RESOLUTION NO.98 - 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SANDAG AS A PARTICIPANT IN THE SAN DIEGO REGIONAL POWER POOL, AND AN AGREEMENT WITH COMMONWEALTH ENERGY CORPORATION FOR Fi ECTRIC POWER WHEREAS, the San Diego Association of Governments (SANDAG) has been pursuing the development of a Regional Power Pool which has resulted in an offering by Commonwealth Energy Corporation for the providing of electric energy service to participants in the San Diego Regional Power Pool; and WHEREAS, SANDAG is requesting the City's consideration of this offering and participation in the Regional Power Pool; and WHEREAS, staff has reviewed this offering and has found it to be acceptable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Memorandum of Understanding with SANDAG as a participant in the San Diego Regional Power Pool, and sign an Agreement with CommonWealth Energy Power Corporation for electric power. Said Memorandum of Understanding and Agreement are on file in the office of the City Clerk. PASSED and ADOPTED this 9th day of June, 1998. ATTEST: APPROVED AS TO FORM: City Attorney George H. Waters, Mayor Passed and adopted by the Council of the City of National City, California, on June 9, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California itt/lej Ci Clerk of the • � of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 98-66 of the City of National City, California, passed and adopted by the Council of said City on June 9, 1998. City Clerk of the City of National City, California By: Deputy 5/8/98 low MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE PUBLIC AGENCY PARTICIPANTS IN THE SAN DIEGO REGIONAL POWER POOL Purpose. The purpose of this Memorandum of Understanding (MOU) is to: A Provide public agencies in the San Diego area an opportunity to save money on electricity costs as a result of industry restructuring; B. Transfer knowledge to public agencies on efficient and effective methods for achieving cost savings in the restructured electricity market; C. Set forth the basic structure for public agencies to receive electricity cost savings from electric restructuring in California without having to individually bear the total costs of procurement, contracting, and administration necessary to achieve the energy service cost benefits; D. Position the San Diego Regional Power Pool to make effective and timely decisions and to increase future savings as opportunities arise and the market matures; and E. Create a structure for the San Diego area public agencies that will facilitate competitive power suppliers responding to the particular needs of the participating public agencies and their constituents. Upon execution, this MOU between the public agency participant and SANDAG shall remain in effect for the period of time during which the public agency participant is purchasing power from a competitive supplier using a master bilateral contract with a energy service provider selected by the San Diego Regional Power Pool. There is no cost to public agencies for entering into this Memorandum of Understanding. There is no legal or financial liability created between SANDAG and public agency participants in the San Diego Regional Power Pool, nor among the power pool participants, as a result of entering into this Memorandum of Understanding. Definition of Public Aoencies. Public agencies include agencies and their subsidiary non profit corporations. San Dieoo Regional Power Pool. The San Diego Regional Power Pool was created to pursue maximum electricity service cost savings, with limited or no financial risk, through the use of a power purchase contract that provides the flexibility for public agencies to take advantage of competition in the restructured electric service industry. The San Diego Regional Power Pool will operate through a Power Pool Committee created by the SANDAG Board. The Committee's membership will consist of one representative from each public agency that has an effective MOU with SANDAG. The Responsibilities and duties of the Committee will include: A. Review and selection of a competitive energy service provider(s) that is viewed as offering cost savings of most interest to the San Diego Regional Power Pool participants; B. Develop a master bilateral contract(s) for the purchase of power and other energy services by the participants; C. Administer the Memorandum of Understanding between participating public agencies and SANDAG regarding participation in the power pool and its administration; and: D. Provide guidance to SANDAG staff on program administration and other matters necessary for the surr.Psful operation of the San Diego Regional Power Pool. - The Committee will choose its own operating rules and procedures including voting formula, selection of officers, and subcommittee structure, if necessary. - Responsibilities of SANDAG. The responsibilities and duties of SANDAG in the on -going operation and administration of the San Diego Regional Power Pool will include: A. Facilitating creation of the Power Pool Committee and authorizing agreements and other actions necessary for the pool to make decisions on power purchases and related energy services; B. Provide staff and administrative support to the Power Pool Committee in managing the electricity service provider(s) and in pe'orming other functions necessary for the success of the San Diego Regional Power Pool; C. Receive payments from electricity service provider(s) selected by the San Diego Regional Power Pool to fund administration and support activities provided by SANDAG; account for payments received over the costs of administration and support and dsthbute those payments to Gene it the power pool and its members, as determined by the Power Pool Committee; 5/8/98 D. Consider Power Pool Committee recommendations, and take appropriate actions, regarding developments, issues and opportunities for achieving the contemplated electric energy cost savings and communnitewith the region's businesses and residents on these matters; and " E Consider legislative and regulatory recommendations from the Power Pool Committee and communicate with local, state, and federal representatives on these issues. Responsibilities of Participating Public Agencies. The responsibilities and duties of participating public agencies in the on- going cperation and administration of the San Diego Regional Power Pool will include: A Determine if it will enter into bilateral contract, negotiated by SANDAG, with the electricity service provider(s), and select meters to be entered in the San Diego Regional Power Pool; B. Participate as a member of the Power Pool Committee, if desired by the public agency, C. Supply the Power Pool Comunifee and SANDAG with notice of any verifiable written offer received for an Poollished supplier to snugly electricity at a rate lower than the rate current* being delivered through the Power D. Through the Power Pool Committee, make recommendations to SANDAG on legislative and tory issues, and deveopments, trends, issues and opportunities for electricity purchases to the region's governments, businesses and resi SAN DIEGO REGIONAL POWER POOL PARTICIPANT SAN DIEGO ASSOCIATION OF GOVERNMENTS . Signature Signature George ... .......:�:. Name q H. Waters NameTitle Mayor Date June 9, 1998 Date Address 1243 National City Blvd National City, CA 91950 Address Agency City of National City APPROVED AS TO FORM George H. Esser, Ill City Attorney 5/8/98 COMMONWEALTH ENERGY POWER SERVICES AGREEMENT This Agreement ('Agreement) is entered into by and between Commonwealth Energy Corporation ('COMMONWEALTH'), a California Corporation, and San Diego Regional Power Pool participant ('PARTICIPANT') effective the date written below and based upon the following recitals, covenants and conditions: WHEREAS, PARTICIPANT controls the electricity purchases for the meter or meters listed on Schedule A contained herein or separately attached hereto (individually, a 'Meter and, collectively, the 'Meters'); WHEREAS, COMMONWEALTH is in the business of providing low cost electricity and related services and is registered by the California Public Utilities Commission as an Electric Service Provider (ESP #1092) and with the Federal Energy Regulatory Commission as a Power Marketer, WHEREAS, COMMONWEALTH has been selected through a competitive biding process and has entered into an Agreement with the San Diego Association of Governments (the "SANDAG Agreement"), the administrator of the San Diego Regional Power Pool, and has furnished a performance bond to SANDAG for use by the San Diego Regional Power Pool to pay the costs of conducting another Power Procurement Process if COMMONWEALTH were to default under the SANDAG Agreement or this Agreement WHEREAS, COMMONWEALTH hereby offers to PARTICIPANT electric power purchasing services under California's competitive power supply program created by AB 1890 and known as the Direct Access program ('Direct Access'), at a discount to the rates offered by CUSTOMER'S Utility Distribution Company ('UDC'); WHEREAS, PARTICIPANT wishes to participate in COMMONWEALTH'S power purchasing program; NOW THEREFORE, in consideration of the covenants, recitals and conditions contained herein and for other good and valuable consideration, receipt of which is hereby acknowledged, COMMONWEALTH and PARTICIPANT hereby enter into this Agreement DEFINITIONS All capitalized terms used herein and not otherwise defined shall have the respective meanings set forth in Schedule B attached hereto. AGREEMENT 1. COMMONWEALTH SERVICES: COMMONWEALTH shall procure electric power to serve the full requirements of the meter loads specified by PARTICIPANT and listed in Schedule A, and shall perform, manage or acquire all functions necessary, including scheduling through a CAISO-certified Scheduling Coordinator, to effect delivery of such power to PARTICIPANT through the California Direct Access system. PARTICIPANT shall have the right to include any meters (existing or new) into this Agreement at any time during the ten of the Agreement upon thirty (30) days written notice to COMMONWEALTH.. OOMMONWEATH shall be PARTICIPANTS' exclusive electrical supply purchasing agent for the loads specified in Schedule A during the term of this Agreement, with the exclusive right to pursue, evaluate and negotiate any and all electric supply procurement opportunities for the purpose of reducing PARTICIPANTS electric supply procurement costs. PARTICIPANT shall keep COMMONWEALTH apprised of other energy cost reduction options it may pursue and shall forward to COMMONWEALTH any proposals from any other sources that may lead to a reduction in PARTICIPANTS electricity unit costs for electric supply procurement 2. PRICING: 2.1 Guaranteed Savings: COMMONWEALTH shall provide electrical energy to PARTICIPANT at a rate such that PARTICIPANT is guaranteed a minimum savings of ('Guaranteed Savings'): • Three and one-half percent (3.5%) discount below the otherwise applicable total bill from the PARTICIPANTS UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor greater than or equal to .60, 5/8/98 ■ Two and one-half percent (2.5%) discount below the otherwise applicable total bill from the PARTICIPANT'S UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor greater than or equal to .55 but less than .60, • Two percent (2%) discount below the otherwise applicable total bill from the PARTICIPANT'S UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor greater than or equal to .50 but less than .55, • One and one-half percent (1.5%) discount below the otherwise applicable total bill from the PARTICIPANT'S UDC provided the San Diego Regional Power Pool has an Aggregated Monthly Load Factor less than .50. Z2 Incremental Savings: In addition, COMMONWEALTH will share with PARTICIPANT any realized cost saving beyond the applicable Guaranteed Savings ('Incremental Savings') according to the following schedule: seventy five percent (75%) of Incremental Savings to PARTICIPANT and twenty five percent (25%) of Incremental Savings to COMMONWEALTH. Incremental Savings is defined as the difference between (1) the amount PARTICIPANT would have paid for electrical energy during the billing period under PX pricing as a bundled utility customer under its Applicable Tariff and (2) COMMONWEALTH'S Cost of Power, less the Guaranteed Savings, provided that the Incremental Savings cannot be negative. COMMONWEALTH's Cost of Power is defined as its purchased generation costs plus any out-of-pocket costs for functions required to utilize the ISO controlled grid for energy delivered to PARTICIPANT, provided that the cost for such functions shall not exceed what PARTICIPANTS cost would have been with bundled utility service. 2.3 Energy Charoe Calculation: COMMONWEALTH'S bill amount for the energy and services provided to PARTICIPANT by COMMONWEALTH shall be equal to COMMONWEALTH'S actual Cost of Power for the electrical energy delivered to PARTICIPANT, plus 25% of any Incremental Savings, provided that in no event will COMMONWEALTH's bill amount to PARTICIPANT exceed an amount which ensures that PARTICIPANT realizes the Guaranteed Savings. There shall be no additional charges to PARTICIPANT related to COMMONWEALTH'S provision of electrical energy service beyond those described above and in section 4 of this Agreement. The above pricing includes the provision of all services or functions which are, or may be required, to be performed, managed, or acquired by COMMONWEALTH including without limitation billing, Meter Data Management Agent (MDMA) functions, and all schedule coordination services, to effect delivery of power to PARTICIPANT whether or not they are specifically enumerated in this Agreement. 3. SCHEDULE COORDINATION SERVICES: Schedule coordination services required to effect delivery of power to PARTICIPANT shall be performed by COMMONWEALTH or by contractors approved by the California Public Utilities Commission and the Independent System Operator and under contract to COMMONWEALTH. 4. METERING: If required, COMMONWEALTH shall provide, install, own and maintain at a cost of $22 per month per meter Direct Access Meters to PARTICIPANT. COMMONWEALTH shall own, insure, warrant, and provide meter support services including corrective maintenance services for all meters installed under this Agreement at no additional cost to the $22 per month metering charge. If required; additional communications equipment (extension of phone/modem line beyond 10 feet from meter installation location) shall be the responsibility of the PARTICIPANT. Upon the expiration or sooner termination of this Agreement, PARTICIPANT may purchase meter(s) at a fair market value or COMMONWEALTH will remove the meter at no additional cost at PARTICIPANT'S option. COMMONWEALTH shall allow PARTICIPANT to own, install, and maintain its own Direct Access Meter at PARTICIPANT'S option without PARTICIPANT incurring the $22 per month per meter charge. PARTICIPANT grants COMMONWEALTH, its contractors and agents the right to enter its premises to install, repair, maintain, and remove meters provided by COMMONWEALTH. 5. BILLING: PARTICIPANT elects to receive a consolidated invoice submitted by the UDC for UDC charges and COMMONWEALTH'S charges. COMMONWEALTH shall take the necessary steps to fulfil the ESP obligations set forth under the UDC's direct access rules, with no charge to PARTICIPANT , to ensure that PARTICIPANT is billed through the Consolidated UDC Billing option for the energy services to be provided by COMMONWEALTH according to the 5/8/98 pricing terms specified in this Agreement. All meter rearing and data processing functions are included as a part of this billing service obligation. 6. ENERGY CONSUMPTION INFORMATION: PARTICIPANT shall designate COMMONWEALTH to PARTICIPANT'S current electricity supplier(s) as an authorized recipient of PARTICIPANTS current and historical electricity cost and usage data. PARTICIPANT shall provide facility descriptions, operating information and such other information available to PARTICIPANT as COMMONWEALTH may reasonably require in the performance of its services under this Agreement and that PARTICIPANT is comfortable providing; provided that such requests shall be reviewed and approved by SANDAG prior to COMMONWEALTH making the request to PARTICIPANT . Except as specifically authorized by PARTICIPANT to disclose such information and except for use by SANDAG for the purpose of verifying the calculation of its Aggregation Fee, COMMONWEALTH shall maintain in accordance with CPUC rules and decisions any and all such information provided by PARTICIPANTS current electricity supplier(s) as confidential. COMMONWEALTH shall provide semi-annual consolidated summary reports to each PARTICIPANT regarding PARTICIPANTS historical monthly energy usage and savings achieved compared to PX costs for each meter. At no additional cost, PARTICIPANTS with installed Direct Access Meters will be able to view and electronically download historical energy use data through a secure intemet server on a daily basis or more frequently, if required. 7. QUALITY: COMMONWEALTH shall procure and provide firm electric power supplies to meet the full energy requirements of PARTICIPANTS loads specified in Schedule A. 8. EFFECTIVE DATE: This Agreement shall commence on July 1, 1998. 9. TERM OF AGREEMENT: This Agreement shall commence on the effective date for a term of one (1) year from the date PARTICIPANT begins receipt of service from COMMONWEALTH, or until June 30, 1999, whichever occurs first, with PARTICIPANT having the option to renew at the existing terms of this Agreement for up to four (4) additional one year periods beginning on July 1 of every year. PARTICIPANT may exercise its option to renew by giving written notice thereof to COMMONWEALTH at least thirty (30) days prior to expiration of the then current term. 10. LOW PRICE GUARANTEE: If, after at least six (6) months from the execution of this Agreement, The San Diego Regional Power Pool receives a verifiable written offer by an Established Supplier to supply The San Diego Regional Power Pool's electricity at a rate which The San Diego Regional Power Pool believes is below the COMMONWEALTH delivered rate, then COMMONWEALTH shall have thirty (30) days from notice of the offer to elect to supply PARTICIPANT The San Diego Regional Power Pool the electricity and equivalent service, if any, as described in the offer on terms equivalent to the offer. If after thirty (30) days' notice of the offer, COMMONWEALTH has not elected in writing to supply The San Diego Regional Power Pool the electricity and services under terms equivalent to the offer and The San Diego Regional Power Pool accepts the offer, then the PARTICIPANT will terminate this Agreement without penalty or liability. 11. COMMUNICATIONS: All communications shall be in writing and sent or delivered to the address set forth opposite the Party's signature hereto or such other address as may be designated by written notice, and shall be deemed given when received. 12. AUDIT AND INSPECTION OF RECORDS: COMMONWEALTH shall maintain complete and accurate records with respect to the Guaranteed Savings, Incremental Savings, and Cost of Power calculations under Section 2 under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified. COMMONWEALTH shall provide reasonable access to the representatives of PARTICIPANT, or their appointees, to such books and records. PARTICIPANT reserves the right to examine and audit such books and records and to make transcripts or copies of them as necessary. COMMONWEALTH shall allow inspection of all work data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. In addition to the above accounting records, COMMONWEALTH shall maintain records to show actual costs for its Cost of Power. 13. INDEMNIFICATION: At no time shall PARTICIPANT, including its officers, agents and employees, parent or subsidiary company be liable or forced to pay penalties, fees, fines or any other sanction levied against COMMONWEALTH by the 5/8/98 Independent System Operator, the California Public Utilities Commission, the Federal Energy Regulatory Commission or any other entity as a result of any default on the part of COMMONWEALTH in regards to performance of duties required by this Agreement. Should, for any reason, PARTICIPANT be directly assessed any fine, fee or penalty by any entity because of COMMONWEALTH'S activities regarding this Agreement, COMMONWEALTH will be fully responsible for payment thereof. COMMONWEALTH will defend, indemnify, and hold PARTICIPANT harmless from losses, claims or costs of any kind caused or alleged to have been caused by COMMONWEALTH'S negligence, actions or inactions. 14. INSURANCE: COMMONWEALTH shall maintain comprehensive general liability insurance in minimum limits of $1 million/occurrence and $3 million aggregate and shall maintain workers' compensation insurance as required by California law. COMMONWEALTH will provide proof of insurance to PARTICIPANT upon signature and request 15. ASSIGNMENT: Neither COMMONWEALTH nor PARTICIPANT may assign this Agreement without the prior written consent of the other. If written consent to assignment is not given within 15 days after a written request therefor, which consent will not be unreasonably withheld, then the party proposing the assignment may terminate this Agreement without penalty or liability upon 30 days written notice, provided that COMMONWEALTH may not terminate for failure of PARTICIPANT to consent to COMMONWEALTH'S proposed assignment unless its proposed assignee is an Established Supplier. An Established Supplier is defined as an entity possessing all of (1) all requisite certifications, permits and authorities to perform COMMONWEALTH'S obligations under this Agreement, (2) a demonstrated track record in the provision of electric power indicative of an ability to fully perform COMMONWEALTH'S obligations under this Agreement, and (3) a net worth at least the equivalent of that of COMMONWEALTH'S as of the date of this Agreement 16. FORCE MAJEURE: 'Force Majeure' shall be defined as an event that is not within the reasonable control of the Party claiming suspension ('the Claiming Party'), and that by the exercise of due diligence, the Claiming Party is unable to overcome in a commercially reasonable manner or obtain or cause to be obtained a commercially reasonable substitute performance therefor, and such event shall not be deemed to be a default under this Agreement Force Majeure includes, but is not limited to: acts of God; fire; war, flood; earthquake; civil disturbance, sabotage; failure of facilities or breakage of machinery or equipment of parties other than the Claiming party; supply curtailment due to UDC equipment failure; declaration of emergency by the ISO/PX; regulatory or legislative action, or action or restraint by court order or governmental authority (so long as the Claiming Party has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such govemmental action). Specifically excluded from Force Majeure events is economic hardship due to market conditions, whatever their cause. If either party shall be unable to carry out any obligation under this Agreement (other than the obligation to make payments) due to Force Majeure, this Agreement shall remain in effect but such obligation shall be suspended for the period necessary as a result of the Force Majeure, provided that: (I) the Claiming Party gives the other Party prompt written notice describing the particulars of the Force Majeure, including but not limited to the nature and date of the occurrence and the expected duration of the disability; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (iii) the Claiming Party uses commercially reasonable efforts to remedy its inability to perform. 17. DEFAULT: Failure by COMMONWEALTH, any affiliate, parent company, partner or principal of COMMONWEALTH, in the performance of any obligation under this Agreement constitutes default of this Agreement In the event of such default, in addition to any other remedies it may have available by law, PARTICIPANT may terminate this Agreement at its option by written notice to COMMONWEALTH. PARTICIPANT shall attempt to provide 30 days notice in the event of such termination, but may provide less notice as it determines is reasonable under the circumstances. 18. ENTIRE AGREEMENT: This Agreement, including any Exhibit or Schedule hereto, embodies the entire Agreement and understanding, and supersedes all prior Agreements and understandings between the parties with respect to the subject matter hereof. This Agreement may not be amended except by writing executed and delivered by the parties hereto. 5/8/98 19. LAWS, VENUE, AND ATTORNEY'S FEES: This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, inducing reasonable attorneys' fees, as determined by the court. COMMONWEALTH ENERGY CORPORATION •SAN DIEGO REGIONAL POWER POOL PARTICINI:t . ••• . • •• • • • • • •• •.'• • • Signature Name Name Title Title Date Date Address Address Agency George H. Waters Mayor June 9, 1998 1243 National City Blvd National City, CA 91950 City of National City APPROVED AS TO FORM /:PP/d/g1.,: 81" George H. Eiser, Ill City Attorney 5/8/98 Schedule A Electric Meters to Participate in San Diego Regional Power Pool 5/8/98 Schedule B Definitions Aggregated Monthly Load Factor. Represents the Load Factor calculated for the period of a month for an aggregated group. Aggregated Monthly Load Factor is calculated by summing the total kWh for all participants of an aggregation, dividing that total by the number of hours in the month, and then dividing that number by the coincident peak kW for all participants of the aggregation for the same month. For every meter that is eligible to use load profiling, COMMONWEALTH shall apply California Public Utility Commission (CPUC) approved load profiles provided by San Diego Gas and Electric (SDG&E) to the PARTICIPANT'S actual monthly kWh usage for that meter as recorded by SDG&E to calculate that meter's demand for every hour of the period. The calculated hourly demand for each meter will then be used in conjunction with actual hourly interval metered data to calculate the aggregated group's coincident peak kW. For each meter not eligible to use load profiling, COMMONWEALTH shall use actual recorded kWh usage for the month and actual recorded kW for each hour in the month in its calculated of the aggregated group's coincident peak demand. A meter's eligibility (less than 50 kW) to use load profiling is defined by the CPUC in D. 97-10-086. The approved load profiles may be found on the Internet at http /1162.15.5.21wk-group/daidaiL Applicable Tariff: The current or subsequent public rate or tariff schedule detailing utility rates, rules and terms of service that are filed with and approved by a regulatory agency and for which the customer is qualified to obtain service. California Independent System Operator (CAISO): The entity responsible for the operation and control of the statewide transmission grid pursuant to AB 1890. California Public Utilities Commission (CPUC): The regulatory agency established to regulate privately owned utilities and to ensure adequate service to the public at rates which are just and reasonable both to customers and shareholders of the utilities. Cost of Power: As defined in Section 2.2 of this Agreement Direct Access (DA): A service election which allows customers to purchase competitive energy services from non -utility entities registered with the State of California known as ESPs. Direct Access Meters: An interval meter that complies with CPUC meter design specifications and is required by certain customers to participate in Direct Access. This meter must meet CPUC meter design specification at the time of meter installation. An interval meter is defined as a meter capable of reading and storing electric consumption data at specified time intervals of no greater than one hour as required for Direct Access settlement and data required to bill applicable UDC tariffs. Electric Service Provider (ESP): An entity which provides electric service to a retail or end -use customer, but which does not fall within the definition of an electrical corporation under Public Utilities Code Section 218. Established Supplier: As defined in Section 15 of this Agreement Federal Energy Regulatory Commission: The federal regulatory agency responsible for regulating the activities of key portions of the nation's natural gas utilities, electric utilities, natural gas pipeline transportation utilities, and hydroelectric power producers. Guaranteed Savings: As defined in Section 2.1 of this Agreement Incremental Savings: As defined in Section 2.2 of this Agreement Kilowatt (kW): Often referred to as electric demand, kW is the amount of energy drawn by a customer at a specific time. Kilowatt-hour (kWh). Electric energy expressed in kilowatt-hours is measured by multiplying the amount of electric power delivered (measured in watts) by the amount of time over which the energy was consumed (measured in hours). Kilowatts equal one thousand watt-hours. Megawatts equal a million watt-hours or one thousand kilowatt-hours. 5/8/98 Load Factor. Load Factor indicates to what degree a participant's actual energy consumption (kWh) during a given time period compared to the consumption that would have occurred had consumption been fully sustained at the participant's maximum demand (kW) level. Load Factors are expressed in percentages, and higher load factors represent a more even distribution of load. Load Factor is calculated by dividing the total kWh for a period by the hours in the period, and then dividing that number by the peak kW for the same period. Meter Data Management Agent (MDMA): MDMAs must be approved by the customer's UDC and is responsible for meter reading, usage calculations and data acps. Participant: An agency that executes a Memorandum of Understanding with SANDAG to join the San Diego Regional Power Pool. A Participant may be a subsidiary public agency or non profit organization of the entity executing this Agreement Power Exchange (PX): A California state chartered, non profit organization charged with providing an efficient competitive auction, open on a nondiscriminatory basis to all suppliers, that meets the loads of all exchange customers at efficient prices. The PX is a scheduling coordinator and is independent of the CAISO and other market participants. Power Procurement Process: The process which includes identifying qualified Electrical Service Providers, developing a Request for Proposals, solicitation of ESP responses, evaluation of such proposals, negotiation of power purchase agreements, and development of final contracts for competitive power purchases. Meter (or Meters): As defined in the first Recital of this Agreement. San Diego Regional Power Pool: An aggregated group of agencies established to coordinate the purchase of electric energy, transmission, and other services on behalf of the participating agencies. San Diego Association of Governments (SANDAG): SANDAG is the regional planning agency, as well as a key technical and informational resource, for the area's eighteen incorporated cities and the county government who collectively are the Association of Governments. Through this voluntary association, local governments work together to solve current problems and plan for the future. SANDAG is a joint powers agency authorized under California State law. Scheduling Coordinator (SC): An entity certified by the Federal Regulatory Commission through the CAISO that acts as a go-between with the ISO on behalf of generators, supply aggregators (wholesale marketers), retailers, and customers to schedule the distribution of electricity. Utility Distribution Companies (UDCs): The entities which will continue to provide regulated services for the distribution of electricity to customers and serve customers who do not choose direct access. May 10, 1999 Mr. Fred Bloom CEO and Chairman Commonwealth Energy Corporation 15991 Red Hill Avenue Tustin, CA 92780 RE: Renewal of Power Services Agreement Dear Mr. Bloom: This letter constitutes written notice to renew the Commonwealth Energy Power Services Agreement between Commonwealth Energy Corporation and the San Diego Regional Power pool participating agency identified below for an additional one year term starting July 1, 1999. Member Agency Signature: Name of Signato: George H. Waters, Mayor Name of Agency: City of National City cc: Steve Sachs, SANDAG 401 B. Street, Suite 800 San Diego, CA 92101 Please Mail to SANDAL, 401 B Street, Suite 800, San Diego CA 92101 do Marc Morley GREEN POWER ADDENDUM This Agreement shall be considered an addendum to the agreement entitled Commonwealth Energy Power Services Agreement, by and between Commonwealth Energy Corporation (CEC) and City of National City (Member), dated 7th September 1999 Member wishes to acquire all, or a portion of it's electric energy requirements, served by CEC through the San Diego Association of Governments Power Pool, from sources certified by the Center for Resources Solutions as renewable energy, ("Green Power"), and which is eligible for credits from the California Energy Commission's Renewable Resource Trust Fund. CEC has agreements in place to purchase Green Power from qualified generators and wishes to serve member's accounts listed on the pages attached hereto and made hereby a part of this Agreement, under the following terms and conditions. 1. Member purchase price shall be: San Diego Gas & Electric applicable tariff plus one cent per kWh, less all applicable Energy Commission credits, rebated in advance and incorporated into the bill amount. (For example, should the tariff be ten cents for kWh, and the applicable credit is 1.5 cents per kWh, the bill would be calculated as follows: ten cents plus one cent minus 1.5 cents for a net billed amount of 9.5 cents per kWh.) 2. Member shall have two options regarding the accounts listed on the attached pages, and shall indicate which option it chooses by having the signator to this addendum initial within the box preceding the option it chooses. Option A CEC will monitor the California Energy Commission Renewable Resource Trust Fund account and the kWh consumption and costs for those accounts listed on the attached pages and will automatically switch accounts which have reached the maximum allowable savings created by the Renewable Resource Trust Fund credits, and higher than those specified in the Commonwealth Energy Power Services Agreement, back to the standard offer in the Agreement. The switching of an account will occur at the first billing cycle after the maximum allowable savings is reached. Option B Member shall have the right to switch any and all accounts subject to this Agreement back to the standard offer, as outlined in the agreement that this Attachment is made as an addendum, at its sole discretion, with thirty -day written notice, upon the occurrence of either of the following events: a) The California Energy Commission Resource Trust Fund credits are changed from the current level of 1.5 cents per kWh or discontinued; or b) The account has reached its maximum allowable annual credit, if applicable. 05/10/99 3. All other terms of the original agreement shall be in full force and effect, unless such terms are in conflict with the Attachment A. In such an event, the terms of this Attachment A shall prevail. 4. CEC shall deliver Green Power to Member with generation from the Sonoma Geysers Plants operated by Calphine Corporation and sold to CEC pursuant to an agreement valid from May 1, 1999 through June 30, 2002. Should this supply agreement be in full effect after June 30, 2002, CEC shall either extend its arrangement with Calphine to meet Member's needs, or substitute the power with a similarly qualified power source. The undersigned agree as outlined above. Frederick M. Bloom Member Commonwealth Energy Corporation Name of Signator: Name of Agency: George H. Waters, Mayor City of National City 05/10/99 ATTACHMENT TO GREEN POWER ADDENDUM Member Agency Accounts to be Serviced with Green Power Member Agency Name: Date: Account # All San Diego Regional Power Pool Accounts. Only the Following Accounts: Meter # Meter Address 05/10/99 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 1999 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING A TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 1998-4 GRANTED TO GTE MOBILNET OF SAN DIEGO FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 E. 4TH STREET (EL TOYON PARK). CASE FILE NO. CUP-1998-4 PREPARED BY Ron Santos DEPARTMENT Planning EXPLANATION Council approved this CUP, per Resolution No. 98-109 (copy attached), on Septem- ber 15, 1998. It will expire on September 15, 1999 unless a time extension is granted. GTE, the project applicant, requests a one-year time extension. An adopted condition of approval requires a lease agreement between the City and the applicant as a prerequisite to installation of the proposed facility. To date, the terms of the lease have not been finalized. The applicant requests the additional time in order to pursue attainment of a lease from the City and thus comply with conditions of the CUP. Section 18.116.190-B of the Municipal Code allows the permit granting body (Council) to extend the expiration date, upon good cause shown by the applicant, for a period not to exceed one year. This first extension requires no public hearing or public notice. Additional time extensions may be approved fol- lowing a public hearing. Environmental Review X N/A Financial Statement STAFF RECOMMENDATION Adopt the attached Resolution, extending the expiration date of Conditional Use Permit No. 1998-4 by one year to September 15, 2000. ryfc ' N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 99-134 1. Draft Resolution, approving time extension 3. Request for Time Extension Letter 2. Resolution No. 98-109, approving CUP-1998-4 4. Location Map A-200 (9/80) RESOLUTION NO. 99- 134 RESOLUTION OF LWI CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 1998-4 GRANTED TO GTE MOBILNET OF SAN DIEGO FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 EAST 4TH STREET (EL TOYON PARK) WHEREAS, on September 15, 1998, the City Council approved Conditional Use Permit (CUP) No. 1998-4 for the installation of a wireless communications facility at 2005 East 4th Street (El Toyon Park) by GTE Mobilnet of San Diego; and WHEREAS, CUP No. 1998-4 is due to expire on September 15, 1999; and WHEREAS, an adopted condition of approval for the CUP requires a lease agreement between the City and GTE Mobilnet prior to installation of the facility; and WHEREAS, the terms of the lease agreement have not been finalized; and WHEREAS, GTE Mobilnet has requested an extension of time, not to exceed one year, in order to attain a lease from the City and thus comply with conditions of the CUP. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants GTE Mobilnet of San Diego a time extension, not to exceed one year, for Conditional Use Permit No. 1998-4, which was granted to GTE Mobilnet of San Diego for a wireless communications facility at 2005 East 4th Street (El Toyon Park). PASSED and ADOPTED this 7th day of September, 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 2ar George H. Eiser, III City Attorney George H. Waters, Mayor RESOLUTION NO. 98-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2005 E. 4th STREET (EL TOYON PARK) APPLICANT: GTE MOBILNET OF SAN DIEGO CASE FILE NO.: CUP-1998-4 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility at 2005 E. 4th Street, at the regularly scheduled City Council meeting of September 8, 1998 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-1998-4 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on September 8, 1998, support the following findings: 1. The site for the proposed use is adequate in size and shape, and sufficient area exists to accommodate the proposed facility without reducing the net usable area of the park grounds, since the proposed monopole will replace an existing light standard and the proposed equipment building will be recessed into a sloped embankment unusable for general recreation. 2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since access to the property is provided from U Avenue and the unmanned wireless communications facility is expected to generate a minimal amount of additional traffic. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the project involves only a negligible addition to established structures and construction of a small building adequately separated and screened from views afforded adjacent properties. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will enhance and/or augment the availability of wireless communication channels. CONTINUED ON PAGE 2 Resolution No.: 98-11,:, Page: 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. A cost estimate shall be submitted along with development plans. A performance bond equal to the approved cost estimate for all of the proposed grading and retaining wall work shall be posted. Three percent of the estimated cost shall be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 2 Development Plans submitted for Building Permits must conform with the 1994 Editions of the Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code; and the 1993 Edition of the National Electrical Code. 3. Exterior walls of the proposed equipment building shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. The path of any and all underground cables and utilities associated with the proposed facility shall be modified as necessary to avoid conflict with any existing or future underground facilities installed by the City. The applicant shall coordinate planning and installation of any such underground facilities with the Parks and Recreation Department, the Public Works Department and Sweetwater Authority as necessary per the respective determination of each office. 5. The applicant shall provide the Public Works Department the opportunity to evaluate, repair and/or replace the light fixture intended to be relocated to the proposed monopole at the time the fixture is removed. 6. Permittee shall be granted non-exclusive right of ingress and egress, seven days a week, twenty- four hours a day for the installation, maintenance, repair and upgrade of the facility. For all non- scheduled, emergency visits, Permittee shall notify the Parks and Recreation Department ("Parks") of Permittee's site visit within two hours of such event. Permittee shall notify the Parks at least four hours in advance of any routinely scheduled, non -emergency maintenance or service to the facility for such visits that do not occur during normal park hours. Permittee will provide Parks with a maintenance schedule if applicable. 7. The proposed equipment building shall be of masonry construction with stucco finish, painted and roofed to match score shacks existing on site. 8. The proposed monopole shall have a non -reflective finish matching that of other light poles existing in the park. 9. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. Resolution No.: 98-10i Page: 3 10. If use of the equipment building, antennas and any other equipment authorized by this Conditional Use Permit is discontinued for a period of six or more consecutive months, it shall be removed by the applicant. This requirement shall not apply to the monopole, which shall be maintained or replaced with a substitute suitable for supporting required light fixtures, per the determination of the Director of Public Works. 11. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A -Revised, Case File No. CUP-1998-4, dated 06/22/98. 12. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. 13. Use of the property as authorized by this Conditional Use Permit shall be limited to the installation of a wireless communications facility consisting of a 97'-8" tall monopole supporting 12 panel antennas and three whip antennas, and one 12' x 16' x 12'-8" equipment building, as incidental use of the property. 14. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 15. Before this Conditional Use Permit shall become effective, the applicant shall negotiate a City Council approved lease agreement authorizing use of the property. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of September, 1998. ATTEST: MIC EL R. DAL CITY APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY GEORGE . WATERS, MAYOR Passed and adopted by the Council of the City of National City, California, on September 15, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 98-109 of the City of National City, California, passed and adopted by the Council of said City on September 15, 1998. sf P 5 a z i �Lor a 0_ ys ate:. iv Jerk of the Cit y ty ofNational City, California By: Deputy -DIVISION P U — EL TOYON SCHOOL IC -OS MAP !66 ,.. PROPOSED ANTENNA __=- EQUIPMENT BUILDING_ __- ------------------ \_ _ _ _- _ _ _ _ _-_-_—_—_—_-_- - _ _ — - -- -_—_----- --- -_- —_--- \ _ ___- ___________ _ _-_ _-_-_- -_-_-_-_- -_- - - ---- --- --- ------ EL TOYON PARK ---------- 4th -- STREET 210 I a• 20E I WI 21 "t ^ A O MELROS 4 2nd =-------------- --------------- RS-2 *• O Sze N ,kita e.. • V 0 N 00 i . A I W _ N T N. N • N N N N I N J _• -1 .. — 424 • a .. vs L. • PROPOSED FACILITY • 'ZONE BOUNDARY 2 SCALE: 1" = 200" NORTH 0 50 100 FEET LOCATION MAP CUP-1998-4 NATIONAL CITY PLANNING DRN. DATE: 06/30/98 REVISIONS: HEARING: 07/20/98 L1 A V n 1 LETTIERI-McINTYRE AND ASSOCIATES, INC. August 23, 1999 Mr. Ron Santos City of National City Planning Department 1243 National City Boulevard National City, CA 92050-4397 NATIONAL CITY PLANNING DEPARTMENT AU6 2 41999 SUBJECT: GTE — EXTENSION OF TIME FOR CUP 1998-4 (El Toyon Park/43`d Street) Dear Ron: On behalf of GTE Wireless, I have prepared this letter to provide justification for the extension of time requested by GTE Wireless for Conditional Use Permit (CUP) 1998-4 for a wireless communication facility at 2005 E. 4th Street (El Toyon Park) which expires on September 15, 1999 unless an extension of time is approved. As you are aware, the project site, El Toyon Park, is owned by the City of National City and as such, approval of a City lease is required in addition to CUP 1998-4. GTE and the City of National City have been working together to finalize the lease for the proposed wireless facility. at Toyon Park. Since the lease has not yet been approved by the City Council, GTE has not been able to construct the proposed facility in accordance with CUP 1998-4. GTE is therefore requesting approval of an extension of time for CUP 1998-4 to allow time to obtain City Council approval of the required lease. Please do not hesitate to call me if you need any additional information on this matter. Sincerely, LETTIERI-MCINTYRE AND ASSOCIATES Deborah L. Collins, AICP Senior Project Manager CC: Bob Wojcik, GTE WTS Mary Hamilton, GTE WTS S\PLANNING\PAOJECT419\43rd St.doc 1551 Fourth Avenue, Suite 430, San Diego, California 92101-3152 / (619) 238-4241 / FAX (619) 238-9772 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/07/99 AGENDA ITEM NO. 1 ITEM TITLE WARRANT REGISTER #08 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION - Ratification of Warrant Register #08 per government section code 37208. Environmental Review N/A Financial Statement N/A Account No TAFF RECO ENDATION I recommend ratification of these warrants for a total of $268,675.87 BOARD/COMMISSION RECOMMENDATION 614(427-: ATTACHMENTS (Listed Below) 1. Warrant Register #08 2. Workers' Comp Warrant Register dated 8/18/99 Resolution No. A-200 (Rev. 9/80( City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/07/99 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #09 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION. Ratification of Warrant Register #09 per government section code 37208.. Environmental Review N/A Financial Statement N/A Account No STAFF RECO ENDATION Cl I recommend ratification of these warrants for a total of $7,187,279.70 BOARD/COMMISSION RECOMMENDATION 4 dal(Z2e-C/ ATTACHMENTS (Listed Below) 1. Warrant Register #09 2. Workers' Comp Warrant. Register dated 8/25/99 INII•111111111111111111111••••1•1111••••••1111•11< Resolution No. A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 1992 AGENDA ITEM NO. 8 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OFJUNE 30, 1999 PREPARED BY C. Fredricks DEPARTMENT EXPLANATION. For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of June 30, 1999 is hereby submitted. This report reflects the components of the investment portfolio as of June 30, 1999 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Finance Environmental Review N/A Financial Statement Not applicable. oo J, STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD/COMMISSION RECOMMENDATION TT 2. Investment Summary by Maturity Date. 3. Investment Summary by Investment Type. 4. Consolidated Cash Report. uAtLYtelchlif.low) Account No. 5. Monthly AlkstiiiMilnfebistiptc 6. Monthly Statement of Disbursements. 7. Pooled Investment Transactions Report. A-200 (Rev. 9/80) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY June 1999 REVOLVING CASH RETURNED CHECKS BANK OF AMERICA #80200 OUTSTANDING WARRANTS PAYROLL OUTSTANDING WARRANTS INVESTMENTS BALANCE $ 3,636.78 2,872.29 135,961.45 -670,732.41 -16,736.43 29, 784,193.60 TOTAL $ 29,239,195.28 INVESTMENT EARNINGS HISTORY: FISCAL YEAR YEAR-TO-DATE 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991-92 1990-91 1989-90 1988-89 1987-88 1986-87 1985-86 1984-85 $ 1,345,390.64 $ 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1, 544, 993.71 1,311, 930.94 979,435.87 1,048,978.23 1,321,688.93 1,543,266.30 TOTAL YEAR 1,345,390.64 1,478, 232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864, 052.63 1,303,878.52 1, 544, 993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 1,543,266.30 0699_2revised.xls CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST TYPE INSTITUTION DEPOSIT MATURITY PRICE MONTH COST a 12 MONTHS RAZE Certificate of Deposit California Pacific Bank 6/16/98 6/16/99 99,000.00 99,490.19 N/A 5.700% Certificate of Deposit Commerical Pacific Bank 12/16/97 6/18/99 99,000.00 99,285.17 N/A 6.100% Certificate of Deposit First Bank of Beverly Hills 7/1/98 7/1/99 99,000.00 99,000.00 N/A 5.920% Certificate of Deposit International City Bank 7/16/98 7/16/99 99,000.00 99,000.00 N/A 5.970% Certificate of Deposit First National Bank of Marin 7/16/98 7/16/99 99,000.00 99,000.00 N/A 5.900% Certificate of Deposit South Bay Bank 3/18/98 7/26/99 92,637.95 92,637.95 N/A 5.860% Certificate of Deposit Life Savings Bank 8/3/98 7/30/99 99,000.00 99,000.00 N/A 5.805% Certificate of Deposit Signal Bank 11/2/98 8/9/99 96,619.58 96,619.58 N/A 6.460% Certificate of Deposit First NB of Keystone 9/28/98 9/23/99 94,810.00 94,810.00 N/A 5.850% Certificate of Deposit Advanta National Bank 9/29/98 9/29/99 100,000.00 100,000.00 N/A 5.850% Certificate of Deposit TPEA No. 5 Credit Union 10/2/98 10/2/99 94,652.15 94,652.15 N/A 5.650% Certificate of Deposit Johnson Bank 3/17/99 3/17/00 95,000.00 95,000.00 N/A 6.250% Certificate of Deposit Home Savings of America 9/25/98 3/25/00 75,433.08 75,433.08 N/A 6.510% FNMA Bonds Callable Bonds Finance 500 12/1/98 4/1/00 101,000.81 3,555.39 73,617.79 N/A 5.650% Certificate of Deposit Washington Fs & La 9/29/98 4/3/00 100,000.00 100,000.00 N/A 5.840% Certificate of Deposit Grand Bank, N.A. 5/17/99 5/16/00 99,000.00 99,000.00 N/A 5.530% Federal National Mortgage Association Bonds MultiBank Securities, Inc. 9/17/97 6/1/00 58,289.73 1,507.06 25,284.30 N/A 6.290% Certificate of Deposit Old Florida Bank 6/3/99 6/2/00 99,000.00 99,000.00 N/A 5.700% Certificate of Deposit Peoples Bank of Kentucky 6/4/99 6/5/00 99,000.00 99,000.00 N/A 5.750% Certificate of Deposit Habersham Bank 6/10/99 6/9/00 99,000.00 99,000.00 N/A 5.750% Certificate of Deposit Security State Bk of Wanamingo 6/10/99 6/9/00 99,000.00 99,000.00 N/A 5.750% FNMA Callable Bonds Mlschler Financial Group, Inc. 6/24/98 6/23/00 100,000.00 105,787.00 N/A 5.750% FNMA Bonds Finance 500 6/26/98 6/26/00 200,000.00 200,000.00 N/A 5.770% Federal Home Loan Bank Callable Bonds Gilford Securities 6/26/98 6/26/00 100,000.00 100,000.00 N/A 5.770% FNMA Pass Thru Bonds MultiBank Securities, Inc. 6/22/98 7/1/00 231,615.59 6,668.34 142,556.46 138,963.00 5.790% Page 1 of 9 TYPE Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Federal Home Loan Mortgage Gold Bonds Federal Home Loan Mortgage Bonds Federal Home Loan Mortgage Bonds Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool Certificate of Deposit Federal National Mortgage Association Bonds Certificate of Deposit Federal National Mortgage Association Bonds Certificate of Deposit Certificate of Deposit Ameribanc Savings Bank GNMA Bonds FINANCIAL INSTITUTION Golden Security Thrift & Loan Bank Nazarene Credit Union Capital One FSB Cedar Rapids ECU Metropolitan FSB Erie State Bank MultiBank Securites, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Cross Country Bank Key Bank USA Eaton Bank Winston Savings & Loans, Ohio Ashburn Bank MultiBank Securities, Inc. MultiBank Securities, Inc. First National Bank of Jackson Mischler Financial Group, Inc. Merrick Banking Corporation Mischler Financial Group, Inc. The Park Avenue Bank, N.A. Corn Belt B&T Co. MultiBank Securities, Inc. CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 DATE OF DATE OF PURCHASE DEPOSIT MATURITY PRICE 7/28/98 7/28/00 90,000.00 9/25/98 9/25/00 92,155.52 9/29/98 9/29/00 100,000.00 10/1/98 10/1/00 89,576.91 9/29/98 10/2/00 100,000.00 5/14/99 11/14/00 99,000.00 10/30/98 12/1/00 145,497.77 2/18/98 3/1/01 20,510.44 2/18/98 3/1/01 12,253.37 4/2/99 4/2/01 100,000.00 4/5/99 4/5/01 99,000.00 4/29/99 4/30/01 99,000.00 5/7/99 5/7/01 99,000.00 5/11/99 5/11/01 99,000.00 3/23/99 5/15/01 69,954.91 2/18/98 5/20/01 20,056.84 5/20/99 5/21/01 99,000.00 6/17/99 6/19/01 100,000.00 6/21/99 6/21/01 99,000.00 6/23/99 6/21/01 100,033.33 6/24/99 6/25/01 99,000.00 6/28/99 6/28/01 99,000.00 11/21/97 7/20/01 29,989.48 AMOUNT MATURED FOR CURRENT MONTH CARRYING COST CURRENT MARKET VALUE IF MATURITY >12 MONTHS INTEREST RATE 90,000.00 90,000.00 5.980% 92,155.52 92,155.52 5.680% 100,000.00 100,000.00 5.790% 89,576.91 89,576.91 5.810% 100,000.00 100,000.00 5.900% 99,000.00 99,000.00 5.500% 14,004.35 69,611.49 63,646,00 5.850% 913.56 9,770.82 8,182.00 5.800% 497.63 8,106.92 7,519.00 6.210% 100,000.00 100,000.00 5.580% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 1,640.89 34,474.81 33,092.00 5.820% 576.06 12,281.11 11,917.00 6.110% 99,000.00 99,000.00 5.800% 100,000.00 99,786.00 6.000% 99,000.00 99,000.00 6.000% 100,033.33 99,784.00 6.000% 99,000.00 99,000.00 6.050% 99,000.00 99,000.00 6.200% 772.45 18,548.34 18,031.00 5.790% Page 2 of 9 TYPE Multiple Issuer GNMA Bonds Federal Home Loan Mortgage Bonds Federal Home Loan Mortgage Bonds Certificate of Deposit GMAC Mortgage Corp. GNMA Bonds Federal Home Loan Mortgage Bonds Certificate of Deposit GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool Citizen Fidelity GNMA Bonds GNMA Bonds Pass Thru Pool Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Criterion Financial GNMA Bonds Federal Home Loan Mortgage Bonds Federal National Mortgage Association Bonds GNMA Bonds TransOhio Savings Bank GNMA Bonds Federal National Mortgage Association Bonds FINANCIAL INSTITUTION MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Hometown Bank, NA MultiBank Securities, Inc. MultiBank Securities, Inc. TeleBank, Arlington,VA MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Morgan Keegan & Co., Inc. Gilford Securities MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc MultiBank Securities, Inc. MultiBank Securities, Inc. CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RATE 10/30/97 8/15/01 34,504.40 775.93 19,736.02 19,210.00 5.970% 2/18/98 9/1/01 17,688.43 453.55 9,429.37 7,401.00 5.950% 2/18/98 10/1/01 27,354.25 569.99 14,775.05 13,651.00 6.350% 11/20/98 10/8/01 85,328.46 85,328.46 85,328.46 5.960% 8/26/97 10/15/01 22,518,00 301.69 7,954.61 7,384.00 6.020% 2/18/98 11/1/01 33,838.46 2,184.37 18,088.01 14,793.00 6.380% 5/6/99 11/5/01 99,000.00 99,000.00 99,000.00 5.660% 3/23/98 11/15/01 70,974.64 775.31 20,945.28 18,607.00 5.870% 3/23/98 11/15/01 50,765.94 889.09 24,483.56 23,325.00 6.030% 10/21/97 11/20/01 33,297.82 1,126.65 15,933.48 15,137.00 5.920% 8/26/97 12/15/01 18,164.07 211.86 5,477.05 4,968.00 6.020% 3/26/99 12/15/01 47,144.76 1,108.65 28,262.99 27,758.00 6.460% 6/17/99 12/17/01 100,000.00 100,000.00 100,000.00 6.140% 6/17/99 12/17/01 100,000.00 100,000.00 100,052.00 6.140% 10/15/97 12/20/01 38,822.67 630.43 17,123.96 16,192.00 5.870% 2/18/98 1/1/02 17,831.50 222.57 9,082.45 8,314.00 5.970% 2/18/98 1/1/02 24,437.06 348.57 10,575.56 9,939.00 5.940% 10/30/97 1/15/02 48,805.26 1,045.87 23,345.34 22,336.00 5.970% 10/21/97 1/20/02 39,863.99 774.60 19,732.40 18,802.00 5.820% 2/18/98 2/1/02 14,437.11 235.97 6,166.19 5,783.00 6.130% Page 3 of 9 TYPE GNMA Bonds Pass Thru Pool United Mortgage Corp. GNMA Bonds GNMA Pass Thru Pool Certificate of Deposit Colonial Mortgage Company GNMA Bonds Certificate of Deposit GNMA Bonds Pass Thru Pool Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Federal Home Loan Mortgage Bonds Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit GNMA Bonds Pass Thru Pool Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds FINANCIAL INSTITUTION MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. First Union Bank MultiBank Securities, Inc. Corus Bank MultiBank Securities, Inc. First Bank & Trust Queens County Savings Bank Insouth Bank First National Bank of Elk River First Bank of Richmond Argo Federal Savings Bank MultiBank Securities, Inc. First National Bank of America Assoc Nat'l Bank of Delaware First National Bank of Lucedale Michigan Heritage Bank Flagstar Bank MultiBank Securities, Inc. Finance 500 Gilford Securities Finance 500 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 DATE OF DATE OF PURCHASE DEPOSIT MATURITY PRICE 11/21/97 2/20/02 81,701.86 11/12/97 3/15/02 39,267.48 4/15/98 3/15/02 46,094.68 2/23/99 3/23/02 84,801.52 12/23/97 4/1/02 40,796.39 4/16/99 4/16/02 95,000.00 4/15/98 4/20/02 51,272.18 4/28/99 4/21/02 85,276.39 4/20/99 4/22/02 99,000.00 4/21/99 4/22/02 99,000.00 4/22/99 4/22/02 99,000.00 4/29/99 4/29/02 99,000.00 4/30/99 4/30/02 99,000.00 2/18/98 5/1/02 32,364.87 5/6/99 5/6/02 95,000.00 5/6/99 5/6/02 100,000.00 5/12/99 5/13/02 97,000.00 5/13/99 5/13/02 99,000.00 5/14/99 5/14/02 95,000.00 3/23/98 5/20/02 39,432.64 5/24/99 5/27/99 12/10/98 5/24/02 5/27/02 6/10/02 100,000.00 100,000.00 100,000.00 AMOUNT MATURED FOR CURRENT MONTH CURRENT. MARKET VALUE CARRYING IF MATURITY INTEREST COST >12 MONTHS RATE 1,155.08 32,670.26 32,670.26 5.920% 651.97 20,416.73 19,773.00 6.000% 10,252.59 24,780.22 24,011.00 6.200% 84,801.52 84,801.52 5.820% 251.33 20,219.98 19,474.00 5.910% 95,000.00 95,000.00 5.450% 1,761.69 28,108.01 26,175.00 5.910% 85,276.39 85,276.39 5.750% 99,000.00 99,000.00 5.650% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 99,000.00 99,000.00 5.600% 724.97 23,831.27 22,786.00 5.800% 95,000.00 95,000.00 5.500%, 100,000.00 100,000.00 5.850% 97,000.00 97,000.00 5.500% 99,000.00 99,000.00 5.700% 95,000.00 95,000.00 5.500% 1,391.22 19, 221.64 18, 363.00 5.870% 100,000.00 98,875.00 5.685% 100,000.00 99,942.00 6.000% 100,000.00 99,000.00 5.780% Page 4 of 9 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST TYPE INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS EASE Federal Home Loan Bank Callable Bonds Gilford Securities 6/24/99 6/24/02 100,000.00 100,000.00 99,872.00 6.250% GNMA Bonds Pass Thru Pool MultiBank Securities, Inc. 4/15/98 7/15/02 45,796.99 6,563.95 21,555.67 20,571.00 5.990% Certificate of Deposit New South Fed Savings Bank 2/23/99 8/12/02 97,154.93 97,154.93 97,154.93 5.300% Certificate of Deposit Western Bank PR 3/3/99 9/3/02 95,000.00 95,000.00 95,000.00 5.400% GNMA Bonds Pass Thru Pool MultiBank Securities, Inc. 11/12/97 9/15/02 35,756.95 607.68 19,893.00 19,360.00 6.050% Federal National Mortgage Association Bonds MultiBank Securities, Inc. 11/25/97 9/20/02 49,829.57 782.55 25,871.90 24,714.00 6.100% Federal Home Loan Bank Callable Bonds Gilford Securities 3/23/99 9/23/02 100,000.00 100,000.00 100,711.00 5.940% Federal Home Loan Bank Callable Bonds Gilford Securities 5/12/99 11/12/02 100,000.00 100,000.00 99,406.00 5.740% Federal Home Loan Bank Callable Bonds Paine Weber 11/25/98 11/25/02 100,000.00 100,000.00 98,391.00 5.640% Federal Home Loan Bank Callable Bonds Gilford Securities 5/27/99 11/27/02 100,000.00 100,000.00 99,529.00 5.930% Federal Home Loan Bank Callable Bonds Gifford Securities 5/27/99 11/27/02 100,000.00 100,000.00 99,496.00 5.910% Federal Home Loan Bank Callable Bonds Vining Sparks 5/27/99 11/27/02 100,000.00 100,000.00 100,000.00 5.930% Federal Home Loan Bank Callable Bonds MultiBank Securities, Inc. 12/2/98 12/2/02 100,000.00 100,000.00 99,043.00 5.770% Certificate of Deposit Steel Parts Federal Credit Union 11/6/98 12/3/02 79,823.99 79,823.99 79,823.99 6.200% Federal Home Loan Bank Callable Bonds Paine Weber 6/3/99 12/3/02 100,000.00 100,000.00 99,172.00 6.000% Federal Home Loan Bank Callable Bonds MultiBank Securities, Inc. 12/9/98 12/9/02 125,000.00 125,000.00 123,943.00 5.860% Federal Home Loan Bank Callable Bonds Gilford Securities 6/9/99 12/9/02 100,000.00 100,000.00 99,492.00 6.000% Federal Home Loan Bank. Callable Bonds Multibank Securities, Inc. 1/6/99 1/6/03 150,000.00 150,000.00 152,945.00 6.000% Certificate of Deposit MBNA 3/3/99 3/3/03 97,000.00 97,000.00 97,000.00 5.400% Page 5 of 9 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST TYPE INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RATE Federal Home Loan Bank Callable Bonds Gilford Securities 3/18/99 3/18/03 100,000.00 100,000.00 100,731.00 6.050% Freddie Mac Callable Bonds Gilford Securities 4/7/99 4/7/03 100,000.00 100,000.00 100,275.00 6.000% Certificate of Deposit State Bank of India 2/18/99 7/1/03 99,311.66 99,311.66 99,311.66 5.410% Freddie Mac Callable Bonds Finance 500 12/1/98 8/1/03 100,500.00 100,500.00 93,928.19 6.010% Certificate of Deposit Nations Bank 11/23/98 8/4/03 99,000.00 99,000.00 . 99,000.00 5.850% Certificate of Deposit Farmers Bank 10/2/98 10/2/03 75,948.98 75,948.98 75,948.98 6.330% Certificate of Deposit State Bank of Texas 10/2/98 10/2/03 75,948.98 75,948.98 75,948.98 6.330% FNMA Callable Bonds Finance 500 10/22/98 10/22/03 250,000.00 250,000.00 244,687.50 6.040% FNMA Callable Bonds MultiBank Securites, Inc. 10/22/98 10/22/03 250,000.00 250,000.00 247,650.00 6.040% Certificate of Deposit Signet Bank 3/1/99 10/29/03 99,914,75 99,914.75 99,914.75 5.500% Certificate of Deposit Orchard Fed Savings Bank 11/4/98 11/4/03 99,000.00 99,000.00 99,000.00 5.750% Certificate of Deposit Gold Coast Federal Credit Union 11/6/98 11/6/03 99,000.00 99,000.00 99,000.00 5.750% Federal Home Loan Bank Callable Bonds Finance 500 11/17/98 11/17/03 100,000.00 100,000.00 97,750.00 5.790% Federal Home Loan Bank Callable Bonds MultiBank Securites, Inc. 11/24/98 11/24/03 115,000.00 115,000.00 112,892.00 5.730% Federal Farm Credit Callable Bonds MultiBank Securites, Inc. 11/24/98 11/24/03 250,000.00 250,000.00 244,420.00 5.850% FNMA Callable Bonds Gifford Securities 11/25/98 11/25/03 100,000,00 100,000.00 98,394.50 6.020% FHLB Callable Bonds Gilford Securities 11/25/98 11/25/03 150,000.00 150,000.00 148,416.00 6.000% FHLB Callable Bonds Gilford Securities 11/25/98 11/25/03 150,000.00 150,000.00 147,640.00 5.830% Federal Home Loan Bank Callable Bonds Finance 500 12/1/98 12/1/03 100,000.00 100,000.00 98,062.00 5.910% Federal Home Loan Bank Callable Bonds Gilford Securities 12/1/98 12/1/03 100,000.00 100,000.00 98,619.00 5.930% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 12/2/98 12/2/03 125,000.00 125,000.00 122,751.00 5.800% Page 6 of 9 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST TTTYPS INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS BALE Certificate of Deposit Royal Bank of Pennsylvania 12/1/98 12/2/03 76,325.98 76,325.98 76,325.98 6.200% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 12/4/98 12/4/03 100,000.00 100,000.00 98,393.00 6.000% Federal Home Loan Bank Callable Bonds Finance 500 12/21/98 12/4/03 100,000.00 100,000.00 98,250.00 5.970% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 12/4/98 12/4/03 100,000.00 100,000.00 98,746.00 5.880% Certificate of Deposit Dora! FSB 12/10/98 12/10/03 98,384.22 98,384.22 98,384.22 6.000% FHLMC Bonds Callable Bonds Finance 500 12/22/98 12/22/03 100,000.00 100,000.00 97,781.00 5.820% Freddie Mac Callable Bonds Gilford Securities 12/22/98 12/22/03 100,000.00 100,000.00 97,927.00 5.820% Federal Home Loan Bank Callable Bonds Gilford Securities 12/22/98 12/22/03 100,000.00 100,000.00 97,455.00 5.660% FHLMC Bonds Callable Bonds Mischler Financial Group, Inc. 12/22/98 12/22/03 100,000.00 100,000.00 97,875.00 5.820% Federal Home Loan Bank Callable Bonds Gilford Securities 12/23/98 12/23/03 100,000.00 100,000.00 97,596.00 5.710% Certificate of Deposit IBJ Schroeder Bank & Trust Co 12/23/98 12/23/03 95,000.00 95,000.00 95,000.00 5.550% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 1/5/99 1/5/04 200,000.00 200,000.00 202,333.00 6.000% Certificate of Deposit Bank & Trust Puerto Rico (NY) 1/28/99 1/27/04 95,000.00 95,000.00 95,000.00 5.300% Certificate of Deposit The Comm Bank of Ravenswood 1/28/99 1/28/04 95,000.00 95,000.00 95,000.00 5.350% FNMA Callable Bonds Mischler Financial Group, Inc. 2/18/99 2/18/04 99,500.00 99,500.00 96,191,00 5.500% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 2/24/99 2/24/04 150,000.00 150,000.00 148,798.00 5.795% Certificate of Deposit Wilmington Trust Co 3/8/99 2/26/04 76,570.64 76,570.64 76,570.64 6.150% FNMA Callable Bonds Mischler Financial Group, Inc. 3/2/99 3/2/04 250,000.00 250,000.00 244,170.00 6.020% Certificate of Deposit San Jose National Bank 3/3/99 3/3/04 97,000.00 97,000.00 97,000.00 5.400% Certificate of Deposit Independent Bank W. Michigan 3/15/99 3/4/04 95,171.78 95,171.78 95,171.78 6.000% Certificate of Deposit Truman Bank 3/8/99 3/5/04 76,462.13 76,462.13 76,462.13 6.150% Page 7 of 9 TYPE CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RASE FHLMC Bonds Callable Bonds Mischler Financial Group, Inc. 3/8/99 3/8/04 150,000.00 150,000.00 148,500.00 6.300% FHLMC Bonds Callable Bonds Finance 500 3/8/99 3/8/04 150,000.00 150,000.00 148,359.00 6.300% Certificate of Deposit F.C.C. National Bank 3/10/99 3/10/04 95,000.00 95,000.00 95,000.00 5.700% Federal Home Loan Bank Callable Bonds Paine Weber 3/15/99 3/15/04 100,000.00 100,000.00 98,172.00 6.000%, Certificate of Deposit Greenwood Trust 3/17/99 3/17/04 100,000.00 100,000.00 100,000.00 5.600%, Certificate of Deposit Standard Federal Bank 3/22/99 3/22/04 97,000.00 97,000.00 97,000.00 5.850% Certificate of Deposit Lake Forest Bank & Trust 4/6/99 3/26/04 95,158.90 95,158.90 95,158.90 5.550% Certificate of Deposit Libertyville Bank & Trust 4/6/99 3/26/04 95,158.90 95,158.90 95,158.90 5.550% Certificate of Deposit Household Bank 4/7/99 4/7/04 97,000.00 97,000.00 97,000.00 5.500% Certificate of Deposit Fremont Investment & Loans 4/7/99 4/7/04 97,000.00 97,000.00 97,000.00 5.600%, Certificate of Deposit LSI Federal Credit Union 4/22/99 4/21/04 76,491.40 76,491.40 76,491.40 6.140% FNMA Callable Bonds Gilford Securities 4/23/99 4/26/04 100,000.00 100,000.00 98,663.00 6.020% FNMA Callable Bonds Finance 500 - 4/23/99 4/26/04 100,000.00 100,000.00 93,928.19 6.020% Certificate of Deposit Transportation Alliance Bank 5/3/99 5/3/04 76,141.57 76,141.57 76,141.57 6.260% Certificate of Deposit Bankers Trust 5/20/99 5/3/04 95,000.00 95,000.00 95,000.00 5.750% FHLMC Callable Bonds Finance 500 5/3/99 5/3/04 100,000.00 100,000.00 98,312.00 6.105% FHLMC Callable Bonds Gilford Securities 5/10/99 5/10/04 100,000.00 100,000.00 99,245.00 6.140% Federal Home Loan Bank Callable Bonds Mischler Financial Group, Inc. 5/24/99 5/24/04 250,000.00 250,000.00 246,562.50 6.185% Certificate of Deposit Merrill Lynch Bank USA 5/27/99 6/1/04 95,000.00 95,000.00 95,000.00 6.000% Certificate of Deposit Provident Bank, Baltimore, MD 1/21/99 7/21/04 99,000.00 99,000.00 99,000.00 5.500% Certificate of Deposit European American Bank 2/4/99 8/4/04 95,000.00 95,000.00 95,000.00 5.500% Certificate of Deposit Peoples Bank 2/10/99 8/10/04 95,000.00 95,000.00 95,000.00 5.500% Federal National Mortgage Association Bonds MultiBank Securities, Inc. 2/18/98 11/1/04 61,454.05 1,109.64 19,726.18 18,117.00 6.100% Certificate of Deposit Bank of Mt. Vernon 2/26/99 9/14/05 69,971.36 69,971.36 69,971.36 6.550% Page 8 of 9 TYPE Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Certificate of Deposit Cash Held by Broker Cash Held by Broker Cash Held by Broker Local Agency Investment Fund Total Investments FINANCIAL INSTITUTION Manufacturers & Traders Trust Centura National Bank M&I Marshall & Isley Bank Old NB in Evansville St. Francis Bank, F.S.B. Lasalle Bank National Assoc Lasalle Bank National Assoc Finance 500 Paine Weber Gilford Securities State of California Treasurer CITY OF NATIONAL CITY INVESTMENT SUMMARY BY MATURITY DATE June 1999 DATE OF DATE OF PURCHASE DEPOSIT MATURITY PRICE 3/4/99 2/24/06 93,229.72 3/9/99 9/9/06 95,000.00 1/27/99 1/27/09 94,818.55 1/28/99 1/28/09 94,772.00 1/29/99 1/29/09 94,525.00 2/3/99 4/26/11 49,892.00 1/25/99 1/25/14 95,000.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A AMOUNT MATURED FOR CURRENT MONTH CARRYING COST CURRENT MARKET VALUE IF MATURITY > 12 MONTHS INTEREST RATE 93,229.72 93,229.72 5.850% 95,000,00 95,000.00 6.000% 94,818.55 94,818.55 6.250% 94,772.00 94,772.00 6.250% 94,525.00 94,525.00 6.520% 49,892.00 49,892.00 8.210% 95,000.00 95,000.00 6.650% 6,465.39 N/A 4.040% 6.60 N/A 4.410% 11,480.00 N/A N/A 13,699,081.06 N/A 5.095% 29,784,193.60 Page 9 of 9 TYPE FNMA Bonds Callable Bonds Federal National Mortgage Association Bonds FNMA Callable Bonds FNMA Bonds Callable Bonds Federal Home Loan Bank FNMA Pass Thru Bonds Federal Home Loan Mortgage Gold Bonds Federal Home Loan Mortgage Bonds Federal Home Loan Mortgage Bonds GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool Federal National Mortgage Association Bonds Federal National Mortgage Association Bonds Ameribanc Savings Bank GNMA Bonds Multiple Issuer GNMA Bonds Federal Home Loan Mortgage Bonds Federal Home Loan Mortgage Bonds GMAC Mortgage Corp. GNMA Bonds Federal Home Loan Mortgage Bonds FINANCIAL JNSTITUTION Finance 500 MultiBank Securities, Inc. Mischler Financial Group, inc. Finance 500 Gilford Securities MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Mischler Financial Group, Inc. Mischler Financial Group, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. DATE OF DEPOSIT CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 DATE OF MATURITY PURCHASE PRICE 12/1/98 4/1/00 101,000.81 9/17/97 6/1/00 58,289.73 AMOUNT MATURED FOR CURRENT MONTH CARRYING COST CURRENT MARKET VALUE IF MATURITY > 12 MONTHS INTEREST RATE 3,555.39 73,617.79 N/A 5.650% 1,507.06 25,284.30 N/A 6.290% 6/24/98 6/23/00 100,000.00 105,787.00 6/26/98 6/26/00 200,000.00 6/26/98 6/26/00 100,000.00 6/22/98 7/1/00 231,615.59 10/30/98 12/1/00 145,497.77 2/18/98 3/1/01 20,510.44 2/18/98 3/1/01 12,253.37 3/23/98 5/15/01 69,954.91 2/18/98 5/20/01 20,056.84 6/17/99 6/19/01 100,000.00 6/23/99 6/21/01 100,033.33 11/21/97 7/20/01 29,989.48 10/30/97 8/15/01 34,504.40 2/18/98 9/1/01 17,688.43 2/18/98 10/1/01 27,354.25 8/26/97 10/15/01 22,518.00 2/18/98 11/1/01 33,838.46 N/A 5.750% 200,000.00 N/A 5.770% 100,000.00 N/A 5.770% 6,668.34 142,556.46 138,963.00 5.790% 14,004.35 69,611.49 63,646.00 5.850% 913.56 9,770.82 8,182.00 5.800% 497.63 8,106.92 7,519.00 6.210% 1,640.89 34,474.81 33,092,00 5.820% 576.06 12,281.11 11,917.00 6.110% 100,000.00 99,786.00 6.000% 100,033.33 99,784.00 6.000% 772.45 18,548.34 18,031.00 5.790% 775.93 19,736.02 19,210.00 5.970% 453.55 9,429.37 7,401.00 5.950% 569.99 14,775.05 13,651.00 6.350% 301.69 7,954.61 7,384.00 6.020% 2,184.37 18,088.01 14,793.00 6.380% Page 1 of 9 TYPE GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool GNMA Bonds Pass Thru Pool Citizen Fidelity GNMA Bonds GNMA Bonds Pass Thru Pool Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Criterion Financial GNMA Bonds Federal Home Loan Mortgage Bonds Federal National Mortgage Association Bonds GNMA Bonds TransOhio Savings Bank GNMA Bonds Federal National Mortgage Association Bonds GNMA Bonds Pass Thru Pool United Mortgage Corp. GNMA Bonds GNMA Pass Thru Pool Colonial Mortgage Company GNMA Bonds GNMA Bonds Pass Thru Pool Federal Home Loan Mortgage Bonds GNMA Bonds Pass Thru Pool Federal Home Loan Bank Callable Bonds FINANCIAL INSTITUTION MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Gifford Securities Morgan Keegan & Co., Inc MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. MultiBank Securities, Inc. Finance 500 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RATE 3/23/98 11/15/01 70,974.64 775.31 20,945.28 18,607.00 5.870% 3/23/98 11/15/01 50,765.94 889.09 24,483.56 23,325.00 6.030% 10/21/97 11/20/01 33,297.82 1,126.65 15,933.48 15,137.00 5.920% 8/26/97 12/15/01 18,164.07 211.86 5,477.05 4,968.00 6.020% 3/23/98 12/15/01 47,144.76 1,108.65 28,262.99 27,758.00 6.460% 6/17/99 12/17/01 100,000.00 100,000.00 100,052.00 6.140% 6/17/99 12/17/01 100,000.00 100,000.00 100,000.00 6.140% 10/15/97 12/20/01 38,822.67 630.43 17,123.96 16,192.00 5.870% 2/18/98 1/1/02 17,831.50 222.57 9,082.45 8,314.00 5.970% 2/18/98 1/1/02 24,437.06 348.57 10,575.56 9,939.00 5.940% 10/30/97 1/15/02 48,805.26 1,045.87 23,345.34 22,326.00 5.970% 10/21/97 1/20/02 39,863.99 774.60 19,732.40 18,802.00 5.820% 2/18/98 2/1/02 14,437.11 235.97 6,166.19 5,783.00 6.130% 11/21/97 2/20/02 81,701.86. 1,155.08 32,670.26 32,670.26 5.920% 11/12/97 3/15/02 39,267.48 651.97 20,416.73 19,773.00 6.000% 4/15/98 3/15/02 46,094.68 10,252.59 24,780.22 24,011.00 6.200% 12/23/97 4/1/02 40,796.39 251.33 20,219.98 19,474.00 5.910% 4/15/98 4/20/02 51,272.18 1,761.69 28,108.01 26,175.00 5.910% 2/18/98 5/1/02 32,364.87 724.97 23,831.27 22,786.00 5.800% 3/23/98 5/20/02 39,432.64 1,391.22 19,221.64 18,363.00 5.870% 5/24/99 5/24/02 100,000.00 100,000.00 98,875.00 5.685% Page 2 of 9 TYPE CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RATE Federal Home Loan Bank Callable Bonds Gilford Securities 5/27/99 5/27/02 100,000.00 100,000.00 99,942.00 6.000% Federal Home Loan Bank Callable Bonds Finance 500 12/10/98 6/10/02 100,000.00 100,000.00 99,000.00 5.780% Federal Home Loan Bank Callable Bonds Gifford Securities 6/24/99 6/24/02 100,000.00 100,000.00 99,872.00 - 6.250% GNMA Bonds Pass Thru Pool MultiBank Securities, Inc. 4/15/98 7/15/02 45,796.99 6,563.95 21,555.67 20,571.00 5.990% GNMA Bonds Pass Thru Pool MultiBank Securities, Inc. 11/12/97 9/15/02 35,756.95 607.68 19,893.00 19,360.00 6.050% Federal National Mortgage Association Bonds MultiBank Securities, Inc. 11/25/97 9/20/02 49,829.57 782.55 25,871.90 24,714.00 6.100% Federal Home Loan Bank Callable Bonds Gilford Securities 3/23/99 9/23/02 100,000.00 100,000.00 100,711.00 5.940% Federal Home Loan Bank Callable Bonds Gilford Securities 5/12/99 11/12/02 100,000.00 100,000.00 99,406.00 5.740% Federal Home Loan Bank Callable Bonds Paine Weber 11/25/98 11/25/02 100,000.00 100,000.00 98,391.00 5.640% Federal Home Loan Bank Callable Bonds Gifford Securities 5/27/99 11/27/02 100,000.00 100,000.00 99,529.00 5.930% Federal Home Loan Bank Callable Bonds Gifford Securities 5/27/99 11/27/02 100,000.00 100,000.00 99,496.00 5.910% Federal Home Loan Bank Callable Bonds Vining Sparks 5/27/99 11/27/02 100,000.00 - 100,000.00 100,000.00 5.930% Federal Home Loan Bank Callable Bonds MultiBank Securities, Inc. 12/2/98 12/2/02 100,000.00 100,000.00 99,043.00 5.770% Federal Home Loan Bank Callable Bonds Paine Weber 6/3/99 12/3/02 100,000.00 100,000.00 99,172.00 6.000% Federal Home Loan Bank Callable Bonds MultiBank Securities, Inc. 12/9/98 12/9/02 125,000.00 125,000.00 123,943.00 5.860% Federal Home Loan Bank Callable Bonds Gilford Securities 6/9/99 12/9/02 100,000.00 100,000.00 99,492.00 6.000% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 1/6/99 1/6/03 150,000.00 150,000.00 152,945.00 6.000% Page 3 of 9 TYPE Federal Home Loan Bank Callable Bonds Freddie Mac Callable Bonds Freddie Mac Callable Bonds Federal National Mortgage Assoc Callable Bonds Federal National Mortgage Assoc Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Federal Farm Credit Callable Bonds FNMA Callable Bonds FHLB Callable Bonds FHLB Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable Bonds Federal Home Loan Bank Callable bonds Federal Home Loan Bank Callable Bonds FHLMC Bonds FINANCIAL INSTITUTION Gilford Securities Gilford Securities Finance 500 Finance 500 MultiBank Securities, Inc. Finance 500 Multibank Securities, Inc. Multibank Securities, Inc. Gilford Securities Gilford Securities Gifford Securities Finance 500 Gifford Securities Multibank Securities, Inc. Multibank Securities, Inc. Finance 500 Multibank Securities, Inc. DATE OF DEPOSIT CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 DATE OF MATURITY PURCHASE PRICE 3/18/99 3/18/03 100,000.00 4/7/99 4/7/03 100,000.00 12/1/98 8/1/03 100,500.00 10/22/98 10/22/03 250,000.00 10/22/98 10/22/03 250,000.00 11 / 17/98 11/17/03 100,000.00 11/24/98 11/24/03 115,000.00 11/24/98 11/24/03 250,000.00 11/25/98 11/25/03 100,000.00 11/25/98 11/25/03 150,000.00 11/25/98 11/25/03 150,000.00 12/1/98 12/1/03 100, 000.00 12/1/98 12/1/03 100,000.00 12/2/98 12/2/03 125,000.00 12/4/98 12/4/03 100,000.00 12/21/98 12/4/03 100,000.00 12/4/98 12/4/03 100,000.00 AMOUNT MATURED FOR CURRENT MONTH CARRYING COST CURRENT MARKET VALUE IF MATURITY > 12 MONTHS INTEREST RATE 100,000.00 100,731.00 6.050% 100,000.00 100,275.00 6.000% 100,500.00 93,928.19 6.010% 250,000.00 244,687.50 6.040% 250,000.00 247,650.00 6.040% 100,000.00 97,750.00 5.790% 115,000.00 112,892.00 5.730% 250,000.00 244,420.00 5.850% 100,000.00 98,394.50 6.020% 150,000.00 148,416.00 6.000% 150,000.00 147,640.00 5.830% 100,000.00 98,062.00 5.910% 100,000.00 98,619.00 5.930% 125,000.00 122,751.00 5.800% 100,000.00 98,393.00 6.000% 100,000.00 98,250.00 5.970% 100,000.00 98,746.00 5.880% Page 4 of 9 CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST TYPE INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RATE Callable Bonds Finance 500 12/22/98 12/22/03 100,000.00 100,000.00 97,781.00 5.820% Freddie Mac Callable Bonds Gifford Securities 12/22/98 12/22/03 100,000.00 100,000.00 97,927.00 5.820% Federal Home Loan Bank Callable Bonds Gilford Securities 12/22/98 12/22/03 100,000.00 100,000.00 97,455.00 5.660% FHLMC Bonds Callable Bonds Mischler Financial Group Inc. 12/22/98 12/22/03 100,000.00 100,000.00 97,875.00 5.820% Federal Home Loan Bank Callable Bonds Gilford Securities 12/23/98 12/23/03 100,000.00 100,000.00 97,596.00 5.710% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 1/5/99 1/5/04 200,000.00 200,000.00 202,333.00 6.000% FNMA Callable Bonds Mischler Financial Group Inc. 2/18/99 2/18/04 99,500.00 99,500.00 96,191.00 5.500% Federal Home Loan Bank Callable Bonds Multibank Securities, Inc. 2/24/99 2/24/04 150,000.00 150,000.00 148,798.00 5.795% FNMA Callable Bonds Mischler Financial Group Inc. 3/2/99 3/2/04 250,000.00 250,000.00 244,170.00 6.020% FHLMC Bonds Callable Bonds Mischler Financial Group Inc. 3/8/99 3/8/04 150,000.00 150,000.00 148,500.00 6.300% FHLMC Bonds Callable Bonds Finance 500 3/8/99 3/8/04 150,000.00 150,000.00 148,359.00 6.300% Federal Home Loan Bank Callable Bonds Paine Weber 3/15/99 3/15/04 100,000.00 100,000.00 98,172.00 6.000% FNMA Callable Bonds Gilford Securities 4/23/99 4/26/04 100,000.00 100,000.00 98,663.00 6.020% FNMA Callable Bonds Finance 500 4/23/99 4/26/04 100,000.00 100,000.00 93,928.19 6.020% FHLMC Callable Bonds Finance 500 5/3/99 5/3/04 100,000.00 100,000.00 98,312.00 6.105% FHLMC Callable Bonds Gilford Securities 5/10/99 5/10/04 100,000.00 100,000.00 99,245.00 6.140% Federal Home Loan Bank Callable Bonds Mischler Financial Group Inc. 5/24/99 5/24/04 250,000.00 250,000.00 246,562.50 6.185% Federal National Mortgage Association Bonds MultiBank Securities, Inc. 2/18/98 11/1/04 61,454.05 1,109.64 19,726.18 18,117.00 6.100% Total U.S. Government Securities 7,716,691.55 Page 5 of 9 TYPE CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS BRIE Cash held by Broker Finance 500 N/A N/A N/A 6,465.39 N/A 4.040% Cash held by Broker Paine Weber N/A N/A N/A 6.60 N/A 4.410% Cash held by Broker Gifford Securities N/A N/A N/A 11,480.00 N/A N/A Total Cash held by Broker 17,951.99 Certificate of Deposit California Pacific Bank 6/16/98 6/16/99 99,000.00 99,490.19 N/A 5.700% Certificate of Deposit Commerical Pacific Bank 12/16/97 6/18/99 99,000.00 99,285.17 N/A 6.100% Certificate of Deposit First Bank of Beverly Hills 7/1/98 7/1/99 99,000.00 99,000.00 N/A 5.920% Certificate of Deposit International City Bank 7/16/98 7/16/99 99,000.00 99,000.00 N/A 5.970% Certificate of Deposit First National Bank of Mann 7/16/98 7/16/99 99,000.00 99,000.00 N/A 5.900% Certificate of Deposit South Bay Bank 3/18/98 7/26/99 92,637.95 92,637.95 N/A 5.860% Certificate of Deposit Life Savings Bank 8/3/98 7/30/99 99,000.00 99,000.00 N/A 5.805% Certificate of Deposit Signal Bank 11/2/98 8/9/99 96,619.58 96,619.58 N/A 6.460% Certificate of Deposit First NB of Keystone 9/28/98 9/23/99 94,810.00 94,810.00 N/A 5.850% Certificate of Deposit Advanta National Bank 9/29/98 9/29/99 100,000.00 100,000.00 N/A 5.850% Certificate of Deposit TPEA No. 5 Credit Union 10/2/98 10/2/99 94,652.15 94,652.15 N/A 5.650% Certificate of Deposit Johnson Bank 3/17/99 3/17/00 95,000.00 95,000.00 N/A 6.250% Certificate of Deposit Home Savings of America 9/25/98 3/25/00 75,433.08 75,433.08 N/A 6.510% Certificate of Deposit Washington Fs & La 9/29/98 4/3/00 100,000.00 100,000.00 N/A 5.840% Certificate of Deposit Grand Bank, N.A. 5/17/99 5/16/00 99,000.00 99,000.00 N/A 5.530% Certificate of Deposit Old Florida Bank 6/3/99 6/2/00 99,000.00 99,000.00 N/A 5.700% Certificate of Deposit Peoples Bank of Kentucky 6/4/99 6/5/00 99,000.00 99,000.00 N/A . 5.750% Certificate of Deposit Habersham Bank 6/10/99 6/9/00 99,000.00 99,000.00 N/A 5.750% Certificate of Deposit Security State Bk of Wanamingo 6/10/99 6/9/00 99,000.00 99,000.00 N/A 5.750% Certificate of Deposit Golden Security Thrift & Loan Bank 7/28/98 7/28/00 90,000.00 90,000.00 90,000.00 5.980% Certificate of Deposit Nazarene Credit Union 9/25/98 9/25/00 92,155.52 92,155.52 92,155.52 5.680% Page 6 of 9 TYP CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RAIL Certificate of Deposit Capital One FSB 9/29/98 9/29/00 100,000.00 100,000.00 100,000.00 5.790% Certificate of Deposit Cedar Rapids ECU 10/1/98 10/1/00 89,576.91 89,576.91 89,576.91 5.810% Certificate of Deposit Metropolitan FSB 9/29/98 10/2/00 100,000.00 100,000.00 100,000.00 5.900% Certificate of Deposit Erie State Bank 5/14/99 11/14/00 99,000.00 99,000.00 99,000.00 5.500% Certificate of Deposit Cross Country Bank 4/2/99 4/2/01 100,000.00 100,000.00 100,000.00 5.580% Certificate of Deposit Key Bank USA 4/5/99 4/5/01 99,000,00 99,000.00 99,000.00 5.600% Certificate of Deposit Eaton Bank 4/29/99 4/30/01 99,000.00 99,000.00 99,000.00 5.600% Certificate of Deposit Winston Savings & Loans, Ohio 5/7/99 5/7/01 99,000.00 99,000.00 99,000.00 5.600% Certificate of Deposit Ashburn Bank 5/11/99 5/11/01 99,000.00 99,000.00 99,000.00 5.600%, Certificate of Deposit First National Bank of Jackson 5/20/99 5/21/01 99,000.00 99,000.00 99,000.00 5.800% Certificate of Deposit Merrick Banking Corporation 6/21/99 6/21/01 99,000.00 99,000.00 99,000.00 6.000% Certificate of Deposit The Park Avenue Bank, N.A. 6/24/99 6/25/01 99,000.00 99,000.00 99,000.00 6.050% Certificate of Deposit Corn Belt B&T Co. 6/28/99 6/28/01 99,000.00 99,000.00 99,000.00 6.200% Certificate of Deposit Hometown Bank, NA 11/20/98 10/8/01 85,328.46 85,328.46 85,328.46 5.960% Certificate of Deposit TeleBank, Arlington, VA 5/6/99 11/5/01 99,000.00 99,000.00 99,000.00 5.660% Certificate of Deposit First Union Bank 2/23/99 3/23/02 84,801.52 84,801.52 84,801.52 5.820% Certificate of Deposit Corus Bank 4/16/99 4/16/02 95,000.00 95,000.00 95,000.00 5.450% Certificate of Deposit First Bank & Trust 4/28/99 4/21/02 85,276.39 85,276.39 85,276.39 5.750% Certificate of Deposit Queens County Savings Bank 4/20/99 4/22/02 99,000,00 99,000.00 99,000.00 5.650% Certificate of Deposit Insouth Bank 4/21/99 4/22/02 99,000.00 99,000.00 99,000.00 5.600% Certificate of Deposit First National Bank of Elk River 4/22/99 4/22/02 99,000,00 99,000.00 99,000.00 5.600% Certificate of Deposit First Bank of Richmond 4/29/99 4/29/02 99,000.00 99,000.00 99,000.00 5.600% Certificate of Deposit Argo Federal Savings Bank 4/30/99 4/30/02 99,000.00 99,000.00 99,000.00 5.600% Certificate of Deposit First National Bank of America 5/6/99 5/6/02 95,000.00 95,000.00 95,000,00 5.500% Certificate of Deposit Assoc Nat'l Bank of Delaware 5/6/99 5/6/02 100,000.00 100,000.00 100,000.00 5.850% Certificate of Deposit First National Bank of Lucedale 5/12/99 5/13/02 97,000,00 97,000.00 97,000.00 5.500% Page 7 of 9 TYPE CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS BALE Certificate of Deposit Michigan Heritage Bank 5/13/99 5/13/02 99,000.00 99,000.00 99,000.00 5.700% Certificate of Deposit FlagstarBank 5/14/99 5/14/02 95,000.00 95,000.00 95,000.00 5.500% Certificate of Deposit New South Fed Savings Bank 2/23/99 8/12/02 97,154.93 97,154.93 97,154.93 5.300% Certificate of Deposit Western Bank PR 3/3/99 9/3/02 95,000.00 95,000.00 95,000.00 5.400% Certificate of Deposit Steel Parts Federal Credit Union 11/6/98 12/3/02 79,823.99 79,823.99 79,823.99 6.200% Certificate of Deposit MBNA 3/3/99 3/3/03 97,000.00 97,000.00 97,000.00 5.400% Certificate of Deposit State Bank of India 2/18/99 7/1/03 99,311.66 99,311.66 99,311.66 5.410% Certificate of Deposit Nations Bank 11/23/98 8/4/03 99,000.00 99,000.00 99,000.00 5.850% Certificate of Deposit Farmers Bank 10/2/98 10/2/03 75,948.98 75,948.98 75,948.98 6.330% Certificate of Deposit State Bank of Texas 10/2/98 10/2/03 75,948.98 75,948.98 75,948,98 6.330% Certificate of Deposit Signet Bank 3/1/99 10/29/03 99,914.75 99,914.75 99,914.75 5.500% Certificate of Deposit Orchard Fed Savings Bank 11/4/98 11/4/03 99,000.00 99,000.00 99,000.00 5.750% Certificate of Deposit Gold Coast Federal Credit Union 11/6/98 11/6/03 99,000.00 99,000.00 99,000.00 5.750% Certificate of Deposit Royal Bank of Pennsylvania 12/1/98 12/2/03 76,325.98 76,325.98 76,325.98 6.200% Certificate of Deposit Doral FSB 12/10/98 12/10/03 98,384.22 98,384.22 98,384.22 6.000% Certificate of Deposit IBJ Schroeder Bank & Trust Co 12/23/98 12/23/03 95,000.00 95,000.00 95,000.00 5.550% Certificate of Deposit Bank & Trust Puerto Rico (NY) 1/28/99 1/27/04 95,000.00 95,000.00 95,000.00 5.300% Certificate of Deposit The Comm Bank of Ravenswood 1/28/99 1/28/04 95,000.00 95,000.00 95,000.00 5.350% Certificate of Deposit Wilmington Trust Co 3/8/99 2/26/04 76,570.64 76,570.64 76,570.64 6.150% Certificate of Deposit San Jose National Bank 3/3/99 3/3/04 97,000.00 97,000.00 97,000.00 5.400% Certificate of Deposit Independent Bank W. Michigan 3/15/99 3/4/04 95,171.78 95,171.78 95,171.78 6.000% Certificate of Deposit Truman Bank 3/8/99 3/5/04 76,462.13 76,462.13 76,462.13 6.150% Certificate of Deposit F.C.C. National Bank 3/10/99 3/10/04 95,000.00 95,000.00 95,000.00 5.700% Certificate of Deposit .. Greenwood Trust 3/17/99 3/17/04 100,000.00 100,000.00 100,000.00 5.600% Certificate of Deposit Standard Federal Bank 3/22/99 3/22/04 97,000.00 97,000.00 97,000.00 5.850% Certificate of Deposit Lake Forest Bank & Trust 4/6/99 3/26/04 95,158.90 95,158.90 95,158.90 5.550% Page 8 of 9 TYPE CITY OF NATIONAL CITY INVESTMENT SUMMARY BY INVESTMENT TYPE June 1999 AMOUNT CURRENT MATURED MARKET VALUE FINANCIAL DATE OF DATE OF PURCHASE FOR CURRENT CARRYING IF MATURITY INTEREST INSTITUTION DEPOSIT MATURITY PRICE MONTH COST > 12 MONTHS RAZE Certificate of Deposit Libertyville Bank & Trust 4/6/99 3/26/04 95,158.90 95,158.90 95,158.90 5.550% Certificate of Deposit Household Bank 4/7/99 4/7/04 97,000.00 97,000.00 97,000.00 5.500% Certificate of Deposit Fremont Investment & Loans 4/7/99 4/7/04 97,000.00 97,000.00 97,000.00 5.600% Certificate of Deposit LSI Federal Credit Union 4/22/99 4/21/04 76,491.40 76,491.40 76,491.40 6.140% Certificate of Deposit Transportation Alliance Bank 5/3/99 5/3/04 76,141.57 76,141.57 76,141.57 6.260%, Certificate of Deposit Bankers Trust 5/20/99 5/3/04 95,000.00 95,000.00 95,000.00 5.750% Certificate of Deposit Merrill Lynch Bank USA 5/27/99 6/1/04 95,000.00 95,000.00 95,000.00 6.000% Certificate of Deposit Provident Bank, Baltimore, MD 1/21/99 7/21/04 99,000.00 99,000.00 99,000.00 5.500% Certificate of Deposit European American Bank 2/4/99 8/4/04 95,000.00 95,000.00 95,000.00 5.500% Certificate of Deposit Peoples Bank 2/10/99 8/10/04 95,000.00 95,000.00 95,000.00 5.500% Certificate of Deposit Bank of Mt. Vernon 2/26/99 9/14/05 69,971.36 69,971.36 69,971.36 6.550% Certificate of Deposit Manufacturers & Traders Trust 3/4/99 2/24/06 93,229.72 93,229.72 93,229.72 5.850% Certificate of Deposit Centura National Bank 3/9/99 9/9/06 95,000.00 95,000.00 95,000.00 6.000% Certificate of Deposit M&I Marshall & Isley Bank 1/27/99 1/27/09 94,818.55 94,818.55 94,818.55 6.250% Certificate of Deposit Old NB in Evansville 1/28/99 1/28/09 94,772.00 94,772.00 94,772.00 6.250% Certificate of Deposit St. Francis Bank, F.S.B. 1/29/99 1/29/09 94,525.00 94,525.00 94,525.00 6.520% Certificate of Deposit Lasalle Bank National Assoc 2/3/99 4/26/11 49,892.00 49,892.00 49,892.00 8.210% Certificate of Deposit Lasalle Bank National Assoc 1/25/99 1/25/14 95,000.00 95,000.00 95,000.00 6.650% Total Certificates of Deposits 8,350,469.00 Local Agency Investment Fund State of California Treasurer N/A N/A N/A 13,699,081.06 N/A 5.095% Total Investments 29,784,193.60 Page 9 of 9 FUND NUMBER CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS JUNE 30, 1999 FUND TITLE ENDING BALANCE 001 GENERAL FUND 2,879,201.44 102 TECHNOLOGY FUND 1,247,991.18 103 GENERAL CAPITAL OUTLAY FUND 1,330,943.07 106 CALIFORNIA LITERACY CAMPAIGN 2,123.38 108 LIBRARY CAPITAL OUTLAY 37,116.04 109 GAS TAXES FUND 1,467,787.62 112 LOWER SWEETWATER FUND 37,951.02 115 PARK & REC CAPITAL OUTLAY FUND 15,141.91 120 PLAN CHECKING REVOLVING FUND 66,244.88 123 FAMILIES FOR LITERACY FUND 334.94 125 SEWER SERVICE FUND 10,973,318.71 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 135,021.35 131 ASSET FORFEITURE FUND 81,750.50 136 TINY TOT CLASSES FUND 9,846.68 145 JUVENILE EDUCATION FUND 6,977.44 147 JUDGE PROGRAM 15,092.28 154 STATE PUBLIC LIBRARY FUND 63,395.69 157 SUPPL. LAW ENFORCEMENT (SLESF) 174,104.26 158 SWIMMING POOL REVOLVING FUND 17,373.90 159 GENERAL PLAN UPDATE RESERVE 108,984.55 171 LIBRARY SCHOOL DISTRICT CONTRACT 13,712.59 172 TRASH RATE STABILIZATION FUND 287,696.80 173 NATIONAL SCHOOL DISTRICT CONTRACT 20,214.95 174 SWEETWATER SCHOOL DISTRICT CONTR. 71,081.55 176 POLICE REIMBURSED OVERTIME 13,158.78 177 RESTITUTION REIMBURSEMENTS 123.18 178 POLICE HAT BADGES 36.11 179 NPT BUS DONATIONS FUND 1,715.80 181 LSTA LIBRARY SYMPOSIUM 59,665.30 183 LITERACY INITIATIVES VI 10,325.01 189 CIVIC CENTER REFURBISHING 416,804.76 190 30TH STREET CLEANUP FUND 505,101.72 194 LITERACY INITIATIVES VII 68,786.51 195 LANDSCAPE RESERVE 500,000.00 196 CAPITAL PROJECT RESERVE 600,000.00 197 PRODUCTIVITY IMPROVEMENT RESERVE 50,000.00 198 PROPERTY EVIDENCE SEIZURE 17,952.22 199 SOUTHBAY COMMUNITY SERVICES GRANT 20,012.00 200 30TH STREET CLEANUP FUND-1304 739,638.30 307 PROPOSITION "A" FUND 1,841,814.46 312 STP LOCAL/TRANSNET HIGHWAY 419,118.54 343 STATE -LOCAL PARTNERSHIP 35,015.92 552 TDA 1,392.61 627 LIABILITY INS. FUND 3,220,173.59 629 INFORMATION SYSTEMS MAINTENANCE 45,461.57 630 OFFICE EQUIPMENT DEPRECIATION 394,507.85 631 TELECOMMUNICATIONS REVOLVING 44,997.03 643 MOTOR VEHICLE SVC FUND 965,594.98 718 TRUST & AGENCY 156,106.31 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 46,613.37 TOTAL ALL FUNDS 29,239,195.28 MONTHLY STATEMENT OF RECEIPTS FOR THE MONTH OF JUNE FUND FUND TITLE 001 GENERAL FUND 102 TECHNOLOGY FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 106 GRANT -CA LITERACY CAMPAIGN 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 FAMILIES FOR LITERACY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 JUDGE PROGRAM 153 COPS UNIVERSAL HIRING GRANT 154 STATE PUBLIC LIBRARY FUND 157 SUPPL. LAW ENFORCEMENT (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 167 GRANT -NC SUPPR OF DRUG ABUSE 169 LOCAL LAW ENFORCE BLOCK GRANT 171 LIBRARY SCHOOL DISTRICT CONTRACT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DISTRICT CONTRACT 174 SWEETWATER SCHOOL DISTRICT CONTR. 176 POLICE REIMBURSED OVERTIME 177 RESTITUTION REIMBURSEMENTS 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 181 LTSA LITERACY SYMPOSIUM 182 COPS GRANT PART II 183 LITERACY INITIATIVES VI 184 LIBRARY COMPUTER CENTER 188 GRANT-HIDTA 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND 191 GRANT -STOP PROJECT 194 LITERACY INITIATIVES VII 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESERVE 198 PROPERTY EVIDENCE SEIZURE 199 SOUTHBAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND-1304 301 C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION "A" FUND 308 HIGHWAY BRIDGE REHAB. FUND 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 343 STATE -LOCAL PARTNERSHIP 347 PUBLIC RESOURCES ACCOUNT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANCE 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 INFORMATION SERVICES 643 MOTOR VEHICLE SVC FUND 718 TRUST & AGENCY 721 LIBRARY TRUST FUND TOTAL ALL FUNDS JUNE 2,584,429.33 0.00 0.00 23,239.75 27,080.21 0.00 9,447.07 211,579.49 0.00 31,617.50 5,453.00 9,222.51 0.00 332,768.09 0.00 1,206.01 0.00 0.00 1,900.00 15,861.00 0.00 (800.00) 0.00 12,298.90 0.00 0.00 0.00 0.00 3,363.37 12,464.00 0.00 572.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,375.00 0.00 0.00 0.00 0.00 0.00 20,012.00 0.00 0.00 22,484.31 0.00 0.00 0.00 0.00 0.00 0.00 88,073.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,528.92 0.00 3,430,176.41 YTD.JUN 19,671,485.85 900,443.94 240,000.00 424,331.58 485,296.21 30,296.00 51,779.80 1,128,917.57 55,292.32 189,870.92 8,129.00 51,789.58 17,470.00 4,045,711.88 30,499.52 29,047.13 (36,652.84) 4,680.00 1,900.00 67,768.30 41,559.74 66,630.96 123,066.56 36,381.29 375.00 40,835.00 (82.96) 16,676.00 42,883.39 24,928.00 87,248.00 13,158.78 123.18 36.11 4,116.71 63,962.00 102,666.72 4,700.00 35,805.00 15,061.00 500,000.00 522,507.13 25,750.00 205,975.00 500,000.00 600,000.00 50,000.00 19,923.32 206,700.00 787,728.88 330,767.21 257,243.86 747,814.36 2,372,493.55 7,387.32 45,108.00 5,228.36 7,387.00 2,037,688.40 918,563.25 1,307,292.32 134,902.28 50,000.00 400,000.00 50,000.00 276,655.82 1,392,291.55 98,651.14 761.76 41,977,007.75 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH OF JUNE FUND FUND TITLE JUNE YTD.JUN 001 GENERAL FUND 102 TECHNOLOGY FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 106 CALIFORNIA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 FAMILIES FOR LITERACY FUND 125 SEWER SERVICE FUND 130 EMT•D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 JUDGE PROGRAM 153 COPS UNIVERSAL HIRING GRANT 154 STATE PUBLIC LIBRARY FUND 157 SUPPL. LAW ENFORCEMENT (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 167 NC SUPPRESSION OF DRUG ABUSE 169 LOCAL LAW ENFORCE BLOCK GRANT 171 LIBRARY SCHOOL DISTRICT CONTRACT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRACT 179 NPT BUS DONATIONS FUND 180 FFY97 LOCAL LAW ENF BLOCK GRANT 181 LSTA LIBRARY SYMPOSIUM 182 COPS GRANT PART II 183 LITERACY INITIATIVE VI 184 LIBRARY COMPUTER CENTER 188 GRANT•HIDTA 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND-1303 191 GRANT -STOP PROJECT 192 LEASE ESCROW FUND 193 COPS GRANT PART III 194 LITERACY INITIATIVES VII 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND•1304 202 FFY98 COPS MORE 301 C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION "A" FUND 308 HIGHWAY BRIDGE REHAB. FUND 312 STP LOCAL/TRANSNET HIGHWAY 313 CMAQ GRANT 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 347 PUBLIC RESOURCES ACCOUNT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANCE 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 INFORMATION SERVICES 643 MOTOR VEHICLE SVC FUND 718 TRUST & AGENCY 721 LIBRARY TRUST FUND 1,734,240.68 20,093,972.23 50, 528.69 1, 021, 354.07 41,511.00 83,226.40 58,042.88 718,617.47 51,439.72 639,504.23 20,867.29 32,374.72 37,334.90 29,840.80 1,362.65 52,884.99 708,118.03 1,546,914.54 3,876.94 60,900.02 12,498.45 131,126.26 0.00 9,958.26 1,644.24 2,188.94 4,606.52 17,213.46 752,452.02 3,622,040.34 828.53 3,292.23 1,000.00 24,000.43 3,491.34 9,980.83 389.32 3,039.64 2,947.81 2,947.81 5,960.26 53,306.12 4,181.52 79,524.62 (3,368.95) 41,364.32 16,452.63 68,812.05 0.00 20,327.39 3,756.00 5,778.31 7,083.08 94,82$.39 0.00 16,019.06 7,493.44 12,490.15 8,901.99 69,870.61 2,832.22 4,985.91 9,310.36 16,882.93 258.58 8,356.04 0.00 146,871.00 6,595.58 8,636.72 11,480.69 111,748.70 0.00 30,649.31 7,232.90 77,301.01 33,547.41 59,554.64 6,215.20 87,940.19 3,448.22 18,712.84 25,630.01 102,787.54 4,066.47 234,663.09 2,696.62 2,696.62 23,784.51 137,259.48 0.00 1,971.10 35,166.00 206,700.00 0.00 48,090.58 0.00 124,371.00 81,711.13 731,289.13 37,251.66 416,715.61 112,663.66 495,248.11 0.00 2,050,793.80 2,705.00 140,925.50 2,648.02 19,292.34 3,960.00 29,500.25 168.09 286,168.09 0.00 8,850.31 207,769.95 1,885,618.50 205,766.02 1,475,998.88 112,685.32 2,645,760.93 32,526.72 193,634.67 165.47 4,622.20 2,344.54 7,836.69 3,358.58 5,995.73 52,721.25 462,074.97 212,804.51 1,417,414.35 20,681.85 155,114.98 0.00 84.31 TOTAL ALL FUNDS 4,801,837.52 42,430,816.74 City of National City Pooled Investment Transactions Report For the Month of June 1999 Date Description Institution Ref. No. Amount 2 Withdrawal LAIF — 1685 (200,000.00) 10 Withdrawal LAIF 30921 (500,000.00) 18 Withdrawal LAIF 18698 (800,000.00) 23 Withdrawal LAIF 9560 (300,000.00) 24 Withdrawal LAIF 8333 (200,000.00) 28 Deposit LAIF 23398 900,000.00 0699_2revised.xls Page 1 8/20/99 City of National City, California COUNCIL AGENDA STATEMENT 9 MEETING DATE September 7, 1999 AGENDA ITEM NO. ITEM TITLE STREET TREE COMMITTEE MINUTES PREPARED BY JIM RUIZ EXPLANATION. DEPARTMENT PARKS AND RECREATION Removal Requests: 3043 Cagle St. Requests removal because of damage to sidewalk. Committee recommends removal with no replacement, however committee recommends homeowner pay for removal and for a replace- ment to be planted in homeowner yard or in a city park. Public Works to be notified of sidewalk damage. 1419 Coolidge Avenue Requests removal of a Ficus tree because of sidewalk damage. Committee recommends removal with replacement. Public Works to be notified of sidewalk damage. Environmental Review x N/A Financial Statement Replacement funds in account 105-442-000-331. 9y) Account No. STAFF RECOMMENDATION Approve minutes BOARD/COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS (Listed Below) Resolution No Minutes A-200 (Rev. 9/80) City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING OF AUGUST 19, 1999 Called to order at 2 pm Present: Cesena, Keen, and Schwitkis. Staff: Diaz Removal requests: Mrs. Chavez 3043 Cagle Street. Requests removal because of damage to sidewalk. Committee recommends removal with no replacement. However, committee recommends homeowner pay for removal and for a replacement tree to be planted in homeowner yard or in a city park. Public Works to be notified about sidewalk damage. William Gerrish 1419 Coolidge Avenue Requests removal of a Ficus tree because of sidewalk damage. Committee recommends removal with replacement. Public works to be notified about sidewalk damage. Adjourned at 2:20 pm. ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 1999 10 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Gloria Norvell PREPARED BY Michael R. Dalla `tJ DEPARTMENT City Clerk EXPLANATION. The claim of Gloria Norvell arises from an occurrence on July 7, 1999 and was filed with the City Clerk's Office on July 13, 1999 Environmental Review 3QC N/A Financial Statement N/A Account No. IMF RECO ENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A TT = . CHMENTS (listed Below) Resolution No. Copy of Claim for Damages A-200 (Rey. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/07/99 AGENDA ITEM NO. 11 % ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DON ILER, MA, FOR A SPACE NEEDS ANALYSIS OF THE HEADQUARTERS FIRE STATION PREPARED BY EXPLANATION. Walter Amedee, Mgmt. Analys DEPARTMENT Fire A CDBG Project, with funding of $50,000, was approved for Fiscal Year 1999/00, entitled "New Fire Station". The purpose of this CDBG Project is to study Fire Department space needs, investigate HUD Section 108 loan requirements, and related tasks associated with the preliminary stages of analyzing the replacement of the headquarters fire station. Phase One of the Fire Station Project includes the completion of a "Fire Department Space Needs Analysis". The results of the completed Analysis will be presented to the City Council along with recommendations related to the next step of the process. Staff will seek further direction from the City Council at that time. Staff is recommending approval of an agreement with Don Iler, AIA, for the completion of a "Fire Department Space Needs Analysis". This Agreement is structured to allow for additional analysis including site assessment and cost estimates as may be approved and directed by the City Council. Mr. Iler has been the prime architect for more than 35 fire facility projects located throughout California, Nevada, Washington, and Montana. He is currently specializing in pre -design, conceptual design, and consulting services for fire service facilities. For information and discussion purposes, a proposed overall "Project Timeline" is outlined in an attachment entitled "Fire Department Facility Planning". Environmental Review N / A Financial Statement Agreement not to exceed $15,000. Funding approved in the Fiscal Year 1999/00 CDBG Program Project: "New Fire Station" as per City of National City City Council meeting minutes dated May 4, 1999. 3 01- 4 0 9 -5 0 0 -5 9 8 - 15 6 E STAFF RECOMMENDATION Approve Resolution authorizing the Mayor to sign an agreement for c ulting services with Doner, AIA. BOARD/COMMISSION RECOMMENDATION N/A Randy, ? mble, Fire Chief TCHMENTS (Listed Below) 99-135 Resolution No. 1. "Fire Department Facility Planning". 2. Agreement for consulting services: "Fire Department Space Needs Analysis". A-200 (Rev. 9/80) RESOLUTION NO. 99- 135 RESOLUTION OF '1'HL CITY COUNCIL OF 1'11L CITY OF NATIONAL CITY AUTHORIZING 1'HN: MAYOR TO EXECUTE AN AGREEMENT WITH DON ILER, MA, FOR A SPACE NEEDS ANALYSIS AND SITE REVIEW OF THE HEADQUARTERS FIRE STATION WHEREAS, the City desires to employ an architect to complete a preliminary space needs analysis and site review for a Fire Station Headquarters facility; and WHEREAS, the City has determined that Don Iler, Architect, specializes in the design of Fire Stations and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Don Iler, AIA, for a space needs analysis and site review of the headquarters fire station. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 1999. George H. Waters, Mayor Al _LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney PLAN-1999 FIRE DEPARTMENT FACILITY PLANNING: GOAL: To provide adequate facilities to support the delivery of fire and related emergency services through 2030. OBJECTIVES: 1. Provide 24 hour facilities for two fre companies and one supervisor. 2. Provide administrative office space for Department staff 3. Provide training, support service and related spaces. 4. Consider potential future operational changes in design. FISCAL YEAR OBJECTIVE (HISTORY) FY 1991-92 Renovation of Hq Fire Station recommended for CIP Mid -Range Plan MARCH 5, 1991. FY 1994-95 NEW HQ FIRE STATION RECOMMENDED FOR CIP Mid -Range Plan MARCH 13, 1995. FY 1997-98 Fire Dept. Strategic Plan Confirms need for expanded Headquarters Fire Station with construction beginning 2001 FY 1998-99 Complete preliminary Space Needs Analysis (1/15/99) Final Space Needs Analysis Study Budgeted FY 1999-00 (4/99) FY 1999-00 (PROJECT START) 1. Complete space needs analysis study (11/1/99) 2. Report on study and seek confirmation of Project and Project site with City Council (11/9/99) 3. Preliminary site reviews completed (1/15/00) 4. Preliminary cost estimate identified (2/15/00) 5. Section 108 funding plan completed (3/15/00) 6. Funding Plan, Basic Design Plan & Cost Estimate presented to City Council for approval (4/1/00) FY 2000-01 1. Select architect (9/1/00); City Council Approval 2. Complete design plans (3/1/01) 3. Present design to City Council for approval (4/1/01) FY 2001-02 1. City Council approval - Project Bid, Contract Award, Loan Amount Confirmed, construction begins (11-1-01) 2. Construction period: (11/1/01-11/1/02) FY 2002-03 Construction Completed/Facility Operational (12/1/02). I:1Commonlhq-sta\Plan\PLAN-1999 Page 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DON ILER, ARCHITECT FOR CONSULTING SERVICES - FIRE STATION SPACE NEEDS ANALYSIS THIS AGREEMENT is entered into this 1st day of August, 1999 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Don Iler, Architect (the "ARCHITECT"). RECITALS WHEREAS, the CITY desires to employ the ARCHITECT to complete a preliminary space needs analysis and site review for a Fire Station Headquarters facility. WHEREAS, the CITY has determined that the ARCHITECT specializes in the design of Fire Stations and is qualified by experience and ability to perform the services desired by the CITY, and the ARCHITECT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF ARCHITECT. The CITY hereby agrees to engage the ARCHITECT and the ARCHITECT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The ARCHITECT represents that all services required hereunder will be performed directly by the ARCHITECT or under direct supervision of the ARCHITECT. 2. SCOPE OF SERVICES. The ARCHITECT will perform services as set forth in the attached Exhibit A. The ARCHITECT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The ARCHITECT shall appear at meetings cited in Exhibit B to keep staff and City Council advised of the progress on the project and coordinate project activities. The CITY may unilaterally, or upon request from the ARCHITECT, from time to time reduce or increase the Scope of Services to be performed by the ARCHITECT under this Agreement. Upon doing so, the CITY and the ARCHITECT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Fire Chief hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The ARCHITECT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the ARCHITECT. Don Iler thereby is designated as the Project Director for the ARCHITECT. 4. COMPENSATION AND PAYMENT. The compensation for the ARCHITECT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit C (the Base amount). Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The ARCHTIbCT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit D. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the ARCHITECT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the ARCHITECT assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The ARCHITECT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The ARCHITECT may retain one (1) copy of all documents for his/her records. The ARCHITECT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the ARCHITECT'S written work product for the CITY's purposes, and the ARCHITECT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Page 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the ARCHITECT shall relieve the ARCHITECT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The ARCHITECT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the ARCHITECT and the ARCHITECT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the ARCHITECT and its employees. Neither this Agreement nor any interest herein may be assigned by the ARCHITECT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the ARCHITECT from employing or hiring as many employees as the ARCHITECT may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the ARCHITECT or any of the ARCHITECT'S employees except as herein set forth, and the ARCHITECT expressly agrees not to represent that the ARCHITECT or the ARCHITECT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the ARCHITECT, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the ARCHITECT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The ARCHITECT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City now in force. The ARCHITECT, and its subARCHITECTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES. PERMITS. ETC. The ARCHITECT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The ARCHITECT represents and covenants that the ARCHITECT shall, at its sole cost and expense, keep in effect at all times during the term Page 3 of this Agreement, any license, permit, or approval which is legally required for the ARCHITECT to practice its profession. 11. STANDARD OF CARE. A. The ARCHITECT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the ARCHITECT shall take all special precautions necessary to protect the ARCHITECT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The ARCHITECT warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the ARCHITECT's professional performance or the furnishing of materials or services relating thereto. C. The ARCHITECT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the ARCHITECT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the ARCHITECT has notified the CITY otherwise, the ARCHITECT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the ARCHITECT to use due diligence under this sub -paragraph will render the ARCHITECT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The ARCHITECT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The ARCHITECT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The ARCHITECT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the ARCHITECT certain confidential information to enable the ARCHITECT to effectively perform the services to be provided herein. The ARCHITECT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The ARCHITECT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the Page 4 services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the ARCHITECT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the ARCHITECT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the ARCHITECT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The ARCHITECT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the ARCHITECT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. ARCHITECT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The ARCHITECT agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way to the extent resulting from or arising out of the ARCHI'1'ECT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The ARCHITECT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the ARCHITECT under this Agreement. 16. INSURANCE. The ARCHITECT, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of, $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. claim. Page 5 C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation, except for non-payment of premium, ten (10) days prior written notice. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the ARCHITECT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement, except for Professional Liability Insurance. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the ARCHITECT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. Page 6 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation may be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing if mutually agreed to by the parties. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-day written notice to the ARCHITECT. During said 30-day period the ARCHITECT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the ARCHITECT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the ARCHITECT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the ARCHITECT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the ARCHITECT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the ARCHITECT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the ARCHITECT; (2) a reorganization of the ARCHITECT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the ARCHITECT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the Page 7 earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: City of National City Fire Department Attention: Randy Kimble, Fire Chief 333 E 16th Street National City, CA 91950 To the ARCHITECT: Don Iler-Architect 13 Bridington Laguna Niguel, CA 92677 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the ARCHITECT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The ARCHITECT also agrees not to specify any product, treatment, process or material for the project in which the ARCHITECT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The ARCHITECT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The ARCHITECT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the ARCHITECT has a financial interest as defined in Government Code Section 87103. The ARCHITECT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the ARCHITECT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the ARCHITECT shall file a Statement of Economic Interests with the City Clerk Page 8 of the City of National City in a timely manner on forms which the ARCHITECT shall obtain from the City Clerk. The ARCHITECT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the ARCHITECT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has Page 9 had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ARCHITECT By: By: George Waters, Mayor Don Iler, Architect APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 10 Exhibit A SCOPE OF WORK PHASE I — SPACE NEEDS ANALYSIS TASK 1.1 VISIT THE FIRES STATION "OVERNIGHT" Consultant will spend a night with the shift firefighters at the City of National City Headquarters Fire Station. TASK 1.2 HOLD INITIAL PROJECT KICKOFF MEETING Consultant will meet with the Fire Department Project Committee to commence the Fire Station Headquarters Study. Items to discuss will include schedule, budget, space needs and adjacencies and potential sites. Also discussion of broad design concepts, initial concerns and comments will be encouraged at this meeting. TASK 1.3 GENERATE PRELIMINARY SPACE NEEDS ANALYSIS Consultant will generate a preliminary space needs analysis listing required spaces with their associated size and square footage, allocated square footage for circulation and structure, and a total size for the Fire Station. The facility will include areas for a 24- hour facility for two fire companies and one supervisor; administrative offices for department administrative staff, training and support services and related spaces. TASK 1.4 HOLD SPACE NEEDS ANALYSIS PROGRESS MEETING Consultant will meet with the Fire Department Project Committee to review information gathered to date and rough draft space needs analysis. Based on this meeting, the Space Needs Analysis will be finalized. PHASE II — SITE EVALUATION/BUDGETARY ESTIMATES TASK 2.1 PROJECT SITE VISIT Consultant will visit the one (1) or two (2) potential project sites to gain first hand knowledge of the area, site features, views, etc. Page 11 TASK 2.2 CITY OF NATIONAL CITY MEETINGS Consultant will meet with City of National City Building, Engineering and Planning Departments to obtain necessary information to generate preliminary concept site plans (i.e. setbacks, parking requirements, lot coverage, etc.). The two sites possibly to be considered are the existing Fire Station site with adjoining properties to immediate west and site located at 1400 National City Boulevard. TASK 2.3 CONCEPT SITE PLAN/SITE EVALUATION STUDY Consultant will generate one (1) 11 x 17 sketch concept site plan for each of the one or two project sites. Each site plan alternative will show the Fire Station building footprint, ingress/egress, parking, fuel island (if required), landscape areas and any other major site features. These site plan(s) will be in a rough sketch format. Opportunities/constraints (pros/cons) will be generated in text for each concept site plan. In addition, Consultant will generate a preliminary site evaluation review for each of the one or two sites including code/planning issues, ingress/egress, utility availability, etc. TASK 2.4 HOLD SITE EVALUATION PROGRESS MEETING Consultant will meet with the Fire Department Project Committee to present rough draft concept site plan(s) and initial evaluation of sites. Comments/input received will be incorporated into the final concept site plan exhibits and site evaluation text. TASK 2.5 PRELIMINARY BUDGETARY COST ESTIMATES Each of the concept site plan(s) will have a corresponding preliminary "functional format" cost estimate prepared by a Cost Estimating firm. Each estimate will evaluate construction costs associated with each site plan including site and building costs. The estimates will be broad in nature (not detailed) to provide initial budgetary construction costs. Estimates will not include site acquisition cost, furniture, fixtures, and equipment (FF&E), City management / inspection / testing costs, etc. TASK 2.6 HOLD FINAL SITE EVALUATION/BUDGETARY ESTIMATE REVIEW/APPROVAL MEETING Consultant will meet with the Fire Department Project Committee to present the final Site Evaluation/Budgetary Estimate exhibits and findings. TASK 2.7 CITY COUNCIL PRESENTATION Consultant will present the study report and exhibits to the City Council for their review/approval. Page 12 Exhibit B MEETING SCHEDULE 1. Fire Department Fire Station Committee 2. Report on study and confirm sites with City Council. (2°d QTR FY 1999-00) Page 13 Exhibit C FEE SCHEDULE PHASE I Architectural A fixed fee of $3.390.00 TOTAL PHASE I FEE $3,390.00 PHASE II Architectural A fixed fee of $7,750.00 Cost Estimation (two (2) estimates total - Task 2.5) A fixed fee of $2.000.00 TOTAL PHASE II FEE $9,750.00 *TOTAL FEE (PHASE I & II) $13,140.00 *Reimbursable Expenses: Reimbursable Expenses are in addition to compensation for basic services and include expenses incurred by the Consultant and Consultant's employees and Subconsultants in the interest of the project identified as follows: Mileage, long distance communications, reproductions, plotting costs, postage and handling, and deliveries; and will be charged at a multiple of one point two (1.2) times the direct cost of the expense to an estimated maximum of $1,500.00 without prior written authorization received from the City. Additional Services: For additional or hourly services of Consultant requested by the City, (including additional meetings if requested) not included above, compensation will be billed hourly per the following schedule: Don Iler $110.00 per hour Draftsperson $ 50.00 per hour Clerical $ 45.00 per hour For additional services of Subconsultants, a multiple of one and two tenths (1.2) times the amounts billed to the Consultant will be charged for such services. Page 14 Exhibit D PLAN SCHEDULE Complete space needs analysis study. (NOV 1, 1999) Report on study and seek confirmation of (NOV 1999) Project and Project site with City Council. Page 15 ITEM #12 WRITTEN C1MJNICATIONS 9/7/99 PARADISE CREEK EDUCATIONAL PARK September 1, 1999 Mayor George Waters and City Council, 1243 National City Blvd. National City, CA 91950 Dear Mayor Waters and City Council members, Paradise Creek Educational Park Incorporated is pursuing a grant opportunity with the U.S. EPA to carry out more planning and design for Paradise Creek and surrounding areas. The grant application requires a non-federal match of 20%. I have talked with EPA representative Nova Blazej and have been told that the $750,000 granted to the City can be considered for the match, since it is all going toward the same project. Of course this means that the match provided is way above the 20% and this shows the EPA we are serious in this endeavor. According to the application, the match must be documented with a letter. If you could provide this letter we will be able to grow our pot of money, with the non-profit coordinating this future planning and design. I am requesting that you direct Mr. Jim Ruiz to write this letter for the Application package. If we are successful, this grant will provide us with answers to the unique problems and will detail opportunities in the watershed of Paradise Creek. Thank you, ,ed ,404-44 Ted A. Godshalk President, PCEPI • • • (619) 477-.14i .302 W. 18th. St. National City, CA 91950 • • 6.7b4 Legislation ITEM #13 9/7/99 Subscribe Bill Info Past SessionsSB 207 Infrastructure financing districts: border zone. Codes Statutes BILL NUMBER: SB 207 AMENDED 07/07/99 Constitution Cat tnt State ita Senate Home Senators Legislation Committees Schedules Offices/Caucuses Audio/TV Fac -Current Session Legislation - AMENDED IN ASSEMBLY JULY 7, 1999 AMENDED IN ASSEMBLY JUNE 28, 1999 AMENDED IN SENATE APRIL 19, 1999 AMENDED IN SENATE MARCH 25, 1999 INTRODUCED BY Senator Peace JANUARY 20, 1999 An act to add Chapter 2.9 (commencing with Section 53398) to Part 1 of Division 2 of Title 5 of the Government Code, relating to infrastructure financing districts. LEGISLATIVE COUNSEL'S DIGEST SB 207, as amended, Peace. Infrastructure financing districts: border zone. (1) Under existing law, redevelopment agencies are authorized to pay the principal of, and interest on, indebtedness incurred to finance or refinance redevelopment, from a portion of property tax revenues diverted from other taxing agencies. The portion of taxes diverted is the amount attributable to increases in assessed valuation of property in the redevelopment project area subsequent to establishment thereof. This method of financing is commonly known as "tax increment" financing and is specifically authorized by Section 16 of Article XVI of the California Constitution. Existing law also authorizes counties and cities to form infrastructure financing districts, in accordance with a prescribed procedure, to finance public capital facilities utilizing a similar method of tax increment financing. This bill would similarly authorize counties and cities to create infrastructure financing districts in the border development zone, as defined, to finance public works in the Mexican border region. Because county officers would be responsible for the division of taxes under the bill, the bill would impose a state -mandated local program in the case of districts formed by cities, but the bill would require all http://www.sen.ca.gov/htbin/testbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.SB.FROM020@2S930207]C Legislation infrastructure financing districts to reimburse those county costs. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. CTION 1. Chapter 2.9 (commencing with Section 53398) is added to 1 of Division 2 of Title 5 of the Government Code, to read: C R 2.9. INFRASTRUCTURE FINANCING DISTRICT THE B ER DEVELOPMENT ZONE Article 1. Ge . al Provisions 53398. (a) The Le: ature finds and declares tha Free Trade Agreeme as resulted in a dram with Mexico. In 1998 co ' anies in Califor billion worth of goods to ., and mo the state are the direct result . his t strained the inadequate public the international border. orth American crease in trade orted over $13.3 an 80,000 jobs throughout This increased trade has ucture in the region just north of (b) The Legislature further s and de es opportunity for industri . elopment, inc biotechnology manufac ' s g, in the region a this region lacks the 'lic infrastructure neces development or to .vide for the rapid and reliabl to, and distribut' of products from, companies thro that there is a significant ing high technology and the border. However, to support new elivery of supplies out the state. (c) The Legis e finds and declares that the state and . ' eral governmen . ave withdrawn in whole or in part from the ' rmer role in financ infrastructure facilities, including highways, roa , . nd interc ' : es, sewage facilities and water reclamation works, w supp : nd treatment works, flood control and drainage works, sc .is, lib • es, parks, parking facilities, open space, and seismic retrofit a r bilitation of public facilities. ) The Legislature further finds and declares that the methods available to local agencies to finance public works often place an undue http://www.sen.ca.gov/htbin/testbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.SB.FROM02902 207]C San Diego Union -Tribune Archive Document Page 1 of 3 (Page B-3:1,2,7,8; B-6:3 ) Peace considers a consolidation of local agencies Anthony Millican STAFF WRITER 20-Aug-1999 Friday It's been talked about for years. Now, one of the most powerful legislators in the state is toying with the idea of trying to consolidate several local agencies. State Sen. Steve Peace, D-El Cajon, would abolish the San Diego Unified Port District, the San Diego Association of Governments, the County Water Authority, the Metropolitan Transit Development Board and the North County Transit District. He would create one agency that would assume their responsibilities, which have been delegated to them over the years by the state Legislature. Peace is sounding out local officials about the proposal, which is still in its formative stages. He is debating whether to put into the legislative hopper before this year's session concludes Sept. 10 -- or even pursue it at all. "The advantages are, first of all, you eliminate a whole bunch of upper management bureaucracies and consolidate them into a smaller, more streamlined, more focused and, hopefully, better coordinated infrastructure and transportation operation," Peace said. The idea comes on the heels of Peace's recent criticism of port Executive Director Dennis Bouey during a Port Commission meeting about airport matters. "It's one thing to talk about; it's another to see how it works," said port spokeswoman Rita Vandergaw. "We haven't seen anything yet that describes how it is going to work." After a voter referendum, the Legislature established the Port District in 1962 to manage the harbor, operate Lindbergh Field and administer nonmilitary tideland areas on San Diego Bay. An appointed seven -member board governs the district and oversees coastal property in five "port" cities: San Diego, Chula Vista, National City, Imperial Beach and Coronado. Over the years, a number of San Diego legislators have floated bills that would tinker with the port commission's makeup and responsibilities, frequently after they were involved in run-ins with the port. .../idoc. cgi?491748+unix+CityManage+www.uniontrib.com..80+Union-Tribune+Union-Tribune+H/2/99 San Diego Union -Tribune Archive Document Page 2 of 3 Art Madrid, chairman of SANDAG's board, said Peace's idea is worth studying. SANDAG is a planning agency representing the region's 18 cities and the county's governments. "On paper, it makes a lot of sense," said Madrid, mayor of La Mesa. "I think there is a need to consolidate agencies that have overlapping jurisdictions. But I think there is a need to have input from the affected agencies so that there is buy -in from virtually everybody." Madrid said SANDAG is a "great" planning organization that has been stymied by its inability to implement its recommendations. However, Peace's proposal would continue to leave land -use decisions in the hands of city and county governments. County Supervisor Greg Cox said the concept is interesting. "I know it is frustrating sometimes for people to look at the multiplicity of government layers in San Diego County," Cox said. But he said he is concerned about the possibility of Peace tagging the idea onto a bill establishing a border development zone, a three-mile band across San Diego and Imperial counties, potentially delaying passage of the bill. "This is clearly a major shift, a major change," Cox said of consolidating the agencies. "I think it is something that ought to be pursued in a more deliberative process." Ric Grenell, press secretary for San Diego Mayor Susan Golding, said the mayor didn't know enough about the proposal to take a position yet, but noted that Golding has long thought a combined city -county form of government, such as exists in Miami and Dade County in Florida, would be beneficial. Much of the rancor between Peace and the port stems from the agency's approach to airport matters. Bouey, the port's top administrator, has proposed helping to find a new airport site while concurrently planning for a second runway at Lindbergh Field. As a first step, Bouey suggested construction of a new 10-gate passenger terminal and 600-space parking lot north of the existing runway, off Pacific Highway. The primary tenant would be Southwest Airlines. As a second step, Bouey's plan recommends a multipurpose transit center along Pacific Highway that wouldn't become operational until 2010. Peace wants the transit center done quicker than that. "I can live with having a second runway or not having a second runway," Peace had said in an earlier interview. "What I can't live with is the port avoiding making the fundamental decision to get that multiuse facility built and getting the traffic off of Harbor (Drive)." The transit center, he said, would allow use of high-speed rail to connect .../idoc. cgi?491748+unix+CityManage+www.uniontrib. com..80+Union-Tribune+Union-Tribune+ 9/2/99 San Diego Union -Tribune Archive Document Page 3 of 3 Lindbergh with other cities, and possibly Miramar Marine Corps Air Station, should that become available for civilian use. "People come to the terminals at Lindbergh, you check your baggage, you get onto high-speed rail and in 10 minutes you're at Miramar," Peace said. Copyright Union-Tnbune Publishing Co. .../idoc.cgi?491748+unix+CityManage+www.uniontrib.com..80+Union-Tribune+Union-Tribune+ 9/2/99 Legislation ITEM # 14 9/7/99 C tfornj t lusts Senate Rome Senators Legislation Committees Seheduipq Offices/Callouses Audio/TV Fat Subscribe Bill Info -Current Session Legislation - Past Codes Sessions SB 664 San Diego ferry service: San Diego -Coronado Bridg Statutes Constitution BILL NUMBER: SB 664 AMENDED 09/01/99 AMENDED IN ASSEMBLY SEPTEMBER 1, 1999 AMENDED IN SENATE AUGUST 19, 1999 AMENDED IN SENATE JULY 1, 1999 AMENDED IN SENATE MAY 28, 1999 AMENDED IN SENATE APRIL 27, 1999 INTRODUCED BY Senator Alpert FEBRUARY 24, 1999 amxcnd Ccctiono An act to amend Section 120265 of, and to add Section 99400.7 to, the Public Utilities Code, and to amend Sections 30796.7 and 30796.10 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 664, as amended, Alpert. San Diego ferry service: San Diego -Coronado Bridge. (1) The Mills-Alquist-Deddeh Act specifies allowable claims for local transportation funds that may be filed with the transportation planning agency. This bill would allow cities within the County of San Diego to file claims with the transportation planning agency to provide commuter ferry service on San Diego Bay for the purpose of serving peak period commute trips for pedestrians and bicycles, as specified. Because this would increase the level of services required of transportation planning agencies, this bill would impose a state -mandated local program. (2) Existing law creates the San Diego Metropolitan Transit Development Board in San Diego County. Provision is made, on an annual basis and at the time of the annual apportionment, for an assessment of each member jurisdiction based on a percentage of its apportionment equal to the percentage of its 1983-84 fiscal year apportionment claimed for support of regional transit services or 5% of http://www.sen.ca.gov/htbin/testbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.SB.FROMO6A0 664]C Legislation its annual apportionment, whichever is greater. This bill would require that assessment to each member jurisdiction, except the County of San Diego, to equal at least 40% and be not more than 50% of its annual apportionment claimed for support of regional services, except as specified below. The bill would delete a requirement in existing law that the specified assessment formula remain in effect for a minimum of 3 fiscal years, would delete authority for the formula to be amended after the expiration of those 3 years, would delete authority for a specified regional transit advisory service to review the formula and recommend appropriate changes to the board and the pertinent jurisdictions, and, instead, would authorize the board to adopt and amend, on an annual basis, an assessment formula for funding regional services. The bill would require the board to consider the transit needs and revenue for the next 5-year period including certain specific factors. The bill would prohibit the formula from providing for an assessment for any city that is greater than 50% of that city's annual apportionment for support of regional services. The bill would require the regional transit service advisory committee to review, on an annual basis, the assessment formula and submit to the board any recommended changes to the formula that are based on the specified factors. The bill would delete a requirement in existing law for the board to establish certain reserves at the request of specified cities or the county. This bill would require the board, for the 1999-2000 fiscal year only, to proportionately assess each jurisdiction within the board's area, as described, for the costs of commuter ferry service with the total aggregate amount assessed not to exceed $120,000. To the extent that these provisions would increase the level of service required of the board or the regional transit service advisory committee, the bill would impose a state -mandated local program. (3) Existing law requires the revenue from any tolls imposed on the San Diego -Coronado Bridge to be used first for expenses related to the collection of tolls and operation of the bridge. This bill would specify that expenses related to the collection of tolls includco include , but mare not limited to, the installation and operation of an automated toll collection system, if that system is installed by the San Diego Association of Governments. The bill would make conforming changes. (3) (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that http://www.sen.ca.gov/htbin/testbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.SB.FROM060 2 664]C Legislation reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (1) (5) The bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. CTION 1. Section 99400.7 is added to the Public Utilities Code 994 San Di planning for the purp and bicycles. T San Diego Bay, b plan, shall serve em and may be provided b operating under a franchi organized pursuant to Divisi Title 1 of the Corporations Co Notwithstanding Section 99232, cities within the • may file a claim under this article with the tr ncy to provide commuter ferry service o of serving peak period commute tri ommuter ferry service may b all be consistent with t ment centers and tract with o • r licens 1 SEC. 2. Section 120265 of t blti ty of ortation Diego Bay r pedestrians ted anywhere on gional transportation volume activity centers, tors, private entities nonprofit corporations encing with Section 9000) of • I tilities Code is amended to read: 120265. (a) The board s provide a s em of regional transit operating services a pport activities luding, but not limited to, facilities, fare me ormation, mainten e, marketing, security, and signing for ea of jurisdiction, to be • ed from the regional transit fund w the board shall create. The b. d may provide the regional se s directly, by contract with the Sa i 'ego Transit Corporat or by contract with any other provider I ervices as it deems opriate, and upon terms and conditions tha , e board finds in its interests. The board shall complete an econom easibility stu competitive bidding for regional transit service wit 180 da om the date of acquisition of the San Diego Transit Co • ation shall update the study at any time the board deems approp e to sider changed circumstances. The board shall adopt a policy fo �ntract services to permit prices and other factors to be compared a evaluated prior to negotiating any contract for regional service. I http://www.sen.ca.gov/htbin/testbin/ca-html?GOPHER ROOT2:[BILL.CURRENT.SB.FROM060QD�0664]C