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HomeMy WebLinkAbout2004 04-20 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — April 20, 2004 6:00 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. Pledge of Allegiance to the Flag by Mayor Nick lnzunza Approval of the minutes of the Adjourned Regular Meeting of March 13, 2004, Adjourned Regular Meeting of March 23, 2004 (10:00 a.m.), Adjourned Regular Meeting of March 23, 2004 (3:00 p.m.), Special Meeting of April 6, 2004 and the Regular Meeting of April 6, 2004. Public Oral Communications (Three -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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 4/20/04 PAGE 2 PRESENTATIONS Employee of the Month Program - Molli Knobbe, Crime Analyst Special Presentation — Web Services (City Manager) PROCLAMATION Proclaiming Saturday, April 24, 2004 as: NORA EILEEN IRVING DAY" 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. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 2. Resolution amending the sick leave benefit for Executives and Management Employees. (Risk) 3. Resolution authorizing the Mayor to execute the Fifth Amended Emergency Services Agreement. (Fire) 4. Resolution approving the revision of Council Policy Number 115, regarding donations of surplus City property and Police Department's unclaimed personal property. (Purchasing) COUNCIL AGENDA 4/20/04 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution awarding a contract to Environmental Business Solutions to conduct environmental site assessment, groundwater monitoring and preparation of permits and cleanup fund grant requests for the Public Works Yard Fuel Tanks and National City Police Department Monitoring Wells and Fuel Tank. (Public Works/Engineering) 6. Resolution approving a Tentative Subdivision Map and Planned Development Permit for 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Streets. (Applicant: The Olson Company) (Case File No.: S-2003-8/PD-2003-6) (Planning) Resolution adopting the 2004 Regional Transportation Improvement Program (RTIP). (Public Works/Engineering) 8. WARRANT REGISTER NO. 39 (Finance) Ratification of Demands in the amount of $1,101,138.42. 9. Consolidated Cash and Investment Report as of November 30, 2003. (Finance) 10. Consolidated Cash and Investment Report as of December 31, 2003. (Finance) NON CONSENT CALENDAR 11. Resolution authorizing the Mayor to execute a Mills Act contract for 1433 East 24th Street. (Applicant: James Ladd) (Case File M-2003-3) (Planning) 12. Resolution authorizing the Mayor to execute a Mills Act contract for 907 A Avenue. (Applicants: Louise Branch and Linda Romiguiere) (Case File M-2003-5) (Planning) COUNCIL AGENDA 4/20/04 PAGE 4 NON CONSENT CALENDAR (Cont.) 13. Resolution authorizing the Mayor to execute a Mills Act contract for 940 A Avenue/45 E. Plaza Blvd. (Applicant: Janice Martinelli) (Case File M-2003-4) (Planning) 14. Resolution to award independent auditing services of the City and CDC to Conrad & Associates for Fiscal Years June 30, 2004 to 2007. (Finance) ORDINANCE FOR INTRODUCTION 15. An Ordinance of the City Council of the City of National City amending Title 1 of the National City Municipal Code by amending Section 1.12.030 pertaining to Stop Orders and Section 1.28.010 pertaining to Powers of Arrest for inspectors. (City Attorney) ORDINANCE FOR ADOPTION 16. An Ordinance authorizing an Amendment to the Contract between Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the City Council of National City. (Human Resources) OLD BUSINESS 17. Report on TransNet Extension. (Public Works/Engineering) 18. Motion to approve sponsoring the Maytime Band Review and Awards Ceremony luncheon and/or dinner and transfer $3,000 from League of California Cities account. (Council initiated) 19. Suggested criteria for the request and dispersing of public donations. (Council initiated) COUNCIL AGENDA 4/20/04 PAGE 5 NEW BUSINESS 20. Request to Use the Martin Luther King, Jr. Community Center by the California Association for Bilingual Education and waiver of fees. (Public Works/Engineering) 21. Temporary Use Permit — Lions Club — 4th of July Celebration. (Building & Safety) 22. Temporary Use Permit — Senora Mundo. (Building & Safety) 23. Temporary Use Permit — Friends of the Library & National City Library -National City Literacy Celebration. (Building & Safety) 24. Temporary Use Permit — Council of Philippine -American Organizations -Philippine Faire and Parade. (Building & Safety) 25. Temporary Use Permit — Stein Farm - May Day Event. (Building & Safety) 26. Temporary Use Permit — World Asthma Day Health Fair. (Building & Safety) 27. Year End Audit Reports for Fiscal Year Ended June 30, 2003. (Finance) 28. Discussion to request deposits for usage of park areas for parties. (Council initiated) 29. Discussion regarding charging fees to residents when City crews need to remove items that have been abandoned in cases when we can prove ownership of the item. (Council initiated) 30. Selection Committee for West National City, (Council initiated) COUNCIL AGENDA 4/20/04 PAGE 6 WRITTEN COMMUNICATIONS 31. Request from Paradise Valley Hospital Foundation to sponsor their SB621Tribal Gaming Funds Application. STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel -Existing Litigation -Government Code Section 54956.9 (a) National City Police Officer's Association v. City of National City, San Diego Superior Court Case No. GIC827798. ADJOURNMENT In Memory of Alfred Fessman — Served on 1955-1960 City Council. Adjourned Regular City Council Meeting — Tuesday — April 27, 2004 — 10:00 a.m. Council Chambers, Civic Center Next Regular City Council Meeting — Tuesday — May 4, 2004 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ro, City of National City 4 Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM April 9, 2004 TO : Park Morse, Assistant City Manager FROM : Patt Zamary, Interim Director of Human Resources SUBJECT : EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Police Department (Non -Safety Employee) to be recognized for the month of April 2004 is Moll! Knobbe, Crime Analyst (nomination attached). Ms. Knobbe has been invited to attend the Council meeting of Tuesday, April 20, 2004, and be recognized for her achievements and service. Attachment (1) xc: Department Director Molli Knobbe Councilmember Natividad Special Asst to the Mayor PZ:Im Performance Recognition Program (2) ® Recycled Paper City of National City Perfotiiiance Recognition Award Nomination Form I nominate Molli Knobbe for the Perfoilnance Recognition Award for the following reasons: Molli Knobbe was hired in August 1999 as a Crime Analyst at the National City Police Department. Molli graduated from California State at Fullerton in January 1995 with her B.A. in English and a minor in Criminal Justice. During Molli's employment with the National City Police Department, she has earned her certificate from California State University at Sacramento and the California Department of Justice to be a Certified Crime and Intelligence Analyst. Molli belongs to the California Crime and Intelligence Analysts Association and the International Association of Crime Analysts. Molli's duties include providing monthly reports to Police Department staff on calls for service, traffic collision statistics, patrol officer activity, entering sex/narcotics/and arson registrants in the Officer Notification System, track crime trends in National City, and assist the investigations personnel with various research. She also provides various reports to citizens that require information for their business license applications and she also assists other city departments with requests for infouiiation. Molli has excellent interpersonal skills and many employees seek her opinion on various projects they are assigned. She volunteers for assignments that require immediate attention and is very enthusiastic about her assignment. I receive many calls thanking me for the work that Molli has completed and many comment on her professionalism and courtesy when dealing with the community. Molli is a tremendous asset to this Department and to the community. Nominated by: Penu Pauu, Jr., Acting Chief of Police Signature: Date: _.L 1,nic1amathixt WHEREAS, Nora Eileen Irving was born on April 24, 1904 and has resided in the region since 1977; and WHEREAS, Ms. Irving was active in the community through a number of groups including the Starlight Auxiliary and AARP; and WHEREAS, Ms. Irving has been a favorite resident of the Highlander Senior Residence staff, always being courteous and showing them a good time. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday, April 24, 2004 as: NORA EILEEN IRVING DAY We call upon all citizens of National City to celebrate the 100th Birthday of Ms. Irving and her contributions as a resident of National City. Nick Inzunza Mayor FrankParra Ron Morrison VicjMayor -, /� Councilmember Luis ad Coun ember Fideles Ungab Councilmember ITEM #1 4/20/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20/2004 AGENDA ITEM NO. 2 7ITEM TITLE Resolution Amending the Sick Leave Benefit for Executive and Management Employees PREPARED BY Kassia W. Kossyta DEPARTMENT Risk Management, 336-4240 EXPLANATION All employee groups except for Executive, Management and POA have limits on the amount of sick leave that may be earned (see Attachment I). The lack of a cap creates an ever expanding funding requirement for the City as well as restricting separation options. The proposed resolution would limit accrual to a maximum of 480 hours of sick leave (12 weeks) for newly hired employees. This time period is the equivalent of the long texui disability waiting period and the maximum amount of time allowed under the Family Medical Leave Act. This cap would only apply to newly hired employees. It would not apply to existing employees, employees who are promoted from groups with more liberal caps or those hired under contract. Executive and Management groups would continue to have a 360 hour sick leave payoff provision for employees with 10 years of service upon retirement or separation. Sick leave accrual rates remain unchanged. The proposed cap limits the City's sick leave funding exposure. It would also allow greater flexibility in separating employees under Government Code §21163. Environmental Review x N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Adopt resolution amending the sick leave benefit for newly hired Executive and Management employees BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment I: Sick Leave Accruals & Caps By Employment Group Resolution Amending the Sick Leave Benefit for Executive & Management Employees A-200 (9;99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE SICK LEAVE BENEFIT FOR EXECUTIVE AND MANAGEMENT EMPLOYEES BY REVISING THE SICK LEAVE ACCUMULATION CAP WHEREAS, the City desires to amend the sick leave benefit for executive and management employees hired or appointed after April 20, 2004 by revising the sick leave accumulation cap to a maximum of 480 hours, and to limit payment for unused sick leave upon retirement or separation to a lesser amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the sick leave benefit for executive and management employees by revising the sick leave accumulation cap for employees hired as or appointed to executive or management positions after April 20, 2004 to read as follows: An employee hired as or appointed to an executive or management position after April 20, 2004 may accrue up to a maximum of 480 hours of sick leave, after which point sick leave shall not again accrue until the accumulated balance falls below 480 hours. Upon separation or retirement in good standing after 10 years of service with the City of National City, an executive or management employee hired or appointed after April 20, 2004 shall be paid for accumulated sick leave only up to a maximum of 360 hours, except that an employee who is medically unable to return to work after using 480 hours of accumulated sick leave may be retired at that point, and shall thereafter only be entitled to compensation to a maximum of 40 hours for any unused accumulated sick leave. This limitation shall not apply to the sick leave accumulation and compensation benefits upon separation or retirement of current executive and management employees, nor to executive compensation provided for through an employment contract approved by the City Council. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney ATTACHMENT I SICK LEAVE ACCRUALS & CAPS BY EMPLOYMENT GROUP MEA Employee Group 360 Maximum Sick Leave Benefit Accrual hours Employees leave having 160 excess Annual hours or a over less/fiscal minimum Conversion using may 160 sell 36 hours year accrual for hours Option and cash of of the sick Separation/ Retirement Pay None Off Confidential 400 hours Employees using 36 hours of sick leave or less/fiscal year and having a minimum accrual of 160 hours may sell for cash the excess over 160 hours None Fire 720 hours Employees working 24 hours shifts using 48 hours of sick leave or less/year may sell up to 40 % of remaining yearly sick leave None, unless hired before June 30,1980 and then compensated up to 360 hours Police No Cap Employees using 40 hours of sick leave or less/year may sell 50% of their remaining yearly sick leave None, unless hired before June 30,1979 and then compensated up to 360 hours. Management No Cap An employee may convert a maximum of one year's accrual to cash or vacation at a 50% conversion rate, providing he/she maintains a 160-hour minimum sick leave balance. Afterl0 years of service or upon retirement, an employee is paid for all accumulated sick leave up to a maximum of 45 days. Executive No Cap An employee may convert a maximum of one year's accrual to cash or vacation at a 50% conversion rate, providing he/she maintains a 160-hour minimum sick leave balance. Afterl0 years of service or upon retirement, an employee is paid for all accumulated sick leave up to a maximum of 45 days. City of National City, California C. UNC L AGENDA STATEMENT MEETING CATS 04/20/04 ITEM TITLE PREPARED BY EXPLANATION AGENDA ITEM NO. 3 Resolution of the City Council of the City of National City Authorizing the Mayor to Execute the Fifth Amended Emergency Services Agreement Donald Condon, DEPARTMENT Acting Fire Chief 619/336-4550 Fire National City has been a member of the Unified San Diego County Emergency Services Organization, Joint Powers Authority, for the past 41 years. Periodically this agreement is reviewed and amended as necessary. The last amendment, the Fourth Amended Emergency Services Agreement, was completed in 1991. Amendments were made to clarify that the Unified San Diego County Emergency Services Organization was a Joint Powers Authority (JPA). Other changes were made to designate a Treasurer for the JPA, to remove language that could result in a conflict with the Brown Act, and other administrative changes. These changes will result in some administrative changes only; there will be no operational changes. Environmental Review x MIA Financial Statement There is an annual cost of approximately $3,600. This is an annually budgeted item, as budgeted in FY04. Account No. STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to sign the Fifth Amended Emergency Services Agreement. BOARD f COMMISSIO 3RECCNDA T ICN N/A ATTACHMENTS d Belcw) Resolution No. Fifth Amended Emergency Services Agreement. A-200 (9/80) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDED EMERGENCY SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND THE SIGNATORY CITIES WITHIN THE COUNTY WHEREAS, Government Code Section 8605 designates each county as an operational area for emergency purposes and Government Code Section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi -jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into a Fifth Amended Emergency Services Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to execute the Fifth Amended Emergency Service Agreement with the County of San Diego, and the signatory cities within the county. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalia, City Clerk George H. Eiser, III, City Attorney UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. WITNESSETH WHEREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6500 and following relating to the joint exercise of powers common to public agencies. 1. The County and the Cities each possess the common powers referred to above. UDC Page 1 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Services Organization, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City and in the County. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County -wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non-member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. 6. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes. 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs Al through B6 above, including contracts for any services necessarily implied from those expressed. UDC 2 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 8. The Unified San Diego County Emergency Services Organization shall not exercise the powers listed above in a manner that exceeds the County's authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division 1 of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for multi -jurisdictional emergency operations. During such multi - jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. The County and Cities signatory to this agreement shall: 1. Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. E. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50%) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2, The Cities signatory hereto will pay fifty percent (50%) of the cost of maintaining the Unified San Diego Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One-half of the 50%, or 25% of the total budget, shall be apportioned by people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate -- San Diego County, California, published by the Auditor and Controller of the County of San Diego. UDC 3 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4. If at the end of any fiscal year there remains an unencumberedbalance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the foiiiiula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non -participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs E6 or E7 above, affect the completion of tasks identified inan annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. 9. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all funds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following: a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and place it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; c. Pay, when due, out of money of the Emergency Services Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; UDC 4 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT d. Pay any other sums due from the Emergency Services Organization from Emergency Services Organization money, only upon warrants drawn by the County Auditor/Controller pursuant to paragraph E 11; e. Verify and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and f. Invest funds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 11. The County Auditor and Controller/Chief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services Organization and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organization when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing standards; and c. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be borne by the San Diego County Emergency Services Organization and shall be a charge against the unencumbered funds of the Emergency Services Organization available for this purpose. 13. The San Diego County Unified Emergency Services Organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two-year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Services Organization to satisfy federal audit requirements. UDC 5 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified San Diego County Emergency Services Organization shall , administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agreement, but shall be the debts, liabilities and obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus money on hand shall be returned to the parties in the same ratio as the parties contribute to the cost of the San Diego County Unified Emergency Services Organization as set forth in paragraphs E 1 and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: 1. The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice -Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative from each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. A majority of the Member Agencies constitute a quorum for the transaction of business. In order to act on any item, the following voting formula (a.) and (b.) shall apply: a. A majority vote of the members present on the basis of one vote per agency. b. A majority of the weighted vote of the members present (when requested). UDC 6 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT b.l. For the weighted vote, there shall be a total of 100 votes. Additional votes shall be allowed following the admission of a newly incorporated city as a member agency. The newly incorporated city shall receive one vote under the single vote procedure and one vote under the weighted vote procedure until the next recomputation of the weighted vote, at which time the new city shall receive votes in accordance with the specified SANDAG formula — Section 5 (Section 132351.2 of the Public Utilities Code): b.1.1. Any agency with 40 percent or more of the total population of the San Diego County region shall be allocated 40 votes. b.1.2. The remaining Member Agencies votes shall be deteiniined by population using the SANDAG foinnula — Section 5 (Section 132351.2 of the Public Utilities Code). c. When a weighted vote is taken on any item requested, or one that requires more than a majority vote of the Unified Disaster Council, it shall also require the supeiivajority percentage of the weighted vote. d. Any member agency may request a weighted vote on an agenda item. e. The weighted vote shall be recomputed every July 1st using the State of California Department of Finance certified population estimates. G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: 1. To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section 7 of Part A of this Agreement and to meet all other purposes of this agreement. UDC 7 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. 2. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. 3. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. 7. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. UDC 8 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT J. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive funds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph E10 above. 6. To authorize the County Auditor/Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization funds pursuant to paragraph E 10 above. There is hereby created an Office of, and Director for, Emergency Services. The Office shall be under the direction of the Chief Administrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies in accordance with emergency plans; 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment and training of emergency services personnel; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; UDC 9 2004 UNIFIFD SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. To develop, maintain and distribute Operational Area inventories of vital resources; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments necessary to the day-to-day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; and 12. To Chair meetings of the Unified Disaster Council in the absence of the designated Chair and Vice -Chair of the Unified Disaster Council. K. The Unified San Diego County Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. L. The terms "state of war emergency", "state of emergency", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. UDC 10 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT O. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. UDC 11 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFFFD DISASTER COUNCIL Council Approval Date: CITY OF CARLSBAD By Chairman, Unified Disaster Council Council Approval Date: By CITY OF CHULA VISTA Council Approval Date: By CITY OF CORONADO Council Approval Date: By CITY OF DEL MAR Council Approval Date: By CITY OF EL CAJON Council Approval Date: By UDC 12 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCINITAS Council Approval Date: By CITY OF ESCONDIDO Council Approval Date: By CITY OF IMPERIAL BEACH Council Approval Date: By CITY OF LA MESA Council Approval Date: By CITY OF LEMON GROVE Council Approval Date: CITY OF NATIONAL CITY By Council Approval Date: By CITY OF OCEANSIDE Council Approval Date: By UDC 13 2004 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Council Approval Date: By CITY OF SAN DJNGO Council Approval Date: By CITY OF SAN MARCOS Council Approval Date: By CITY OF SANTEE Council Approval Date: By CITY OF SOLANA BEACH Council Approval Date: By CITY OF VISTA Council Approval Date: By COUNTY OF SAN DIEGO Board Approval Date: 01-01226 By Clerk of the Board of Supervisors UDC 14 2004 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 200.4 AGENDA ITEM NO. 4 / ITEM TITLE Resolution approving the revision of Council Policy Number 115, regarding donations of surplus City property and Police department unclaimed personal property. PREPARED BY / DEPARTMENT Brenda E. Ho ges, C.P.M. (619)336-4570 Purchasing EXPLANATION At the request .of Councilmem.ber Natividad, changes have been made to Council Policy Number 115, regarding donations of surplus City property and Police department unclaimed personal property to '501C3'non-profit agencies. The revised policy is attached for review. Background: On May 6, 2003, the City Council reviewed and accepted a report submitted by the Purchasing Agent regarding the issues involved in donating surplus property to non-profit agencies. This resulted in the creation of Council Policy #115. As discussed at the time, it was anticipated that the procedures may need to be fine tuned after going through the process a couple of times. It was understood that the form and/or policy may come back to Council for further revision. Environmental Review X N/A Financial Statement n/a Approved By: Finance Director Account No. n / a STAFF RECOMMENDATION Approve the revised policy. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Council Policy with Donation form (3 pages) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REVISION OF CITY COUNCIL POLICY NO. 115 REGARDING DONATIONS OF SURPLUS CITY PROPERTY AND POLICE DEPARTMENT UNCLAIMED PERSONAL PROPERTY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 115, entitled "Donation of Surplus City Property and Police Department Unclaimed Property", is amended as recommended by the Purchasing Agent. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: Donation of Surplus City Property and POLICY Police Dept. Unclaimed Personal Property NUMBER: 115 ADOPTED: AMENDED/ June 17, 2003 REVISED: April 20, 2004 Purpose: To establish a policy for donating surplus City property and Police Department unclaimed personal property to local, non-profit '501C3' agencies. Policy: Agencies requesting donations, must be local, non-profit, '501C3' organizations, as defined on the 'Request for Donation' Form. The `Request for Donation' form provides legal definitions and release of liability. Forms are available in the Purchasing Department. The Purchasing Department will: notify all local, non-profit, '501 C3' agencies by mail, when property is available; coordinate dates/times; verify agency qualifications; coordinate and record the donation process; and contact the auctioneer to pick up remaining items, as described on the Request for Donation Form under 'Internal Process'. Purchasing will provide a summary report to Council members and the City Manager after each donation process. Procedures outlined on the 'Request for Donation' form, may be subject to periodic review. Related Policy References: None REQUEST FOR DONATION FORM Local, non -Profit `501C3' organizations may request donations of surplus City property or Police Department unclaimed property in accordance with Council Policy #115, and requirements of this form. Requirements: The non-profit organization must be able to provide: • proof of official non-profit `501C3' status (see back). • proof of a current National City Business License (see back). • proof of physical location/address within National City's city limits (see back). • their own vehicles and labor to claim the items (see back). • this form, complete and legible, with above documents attached. Surplus/Unclaimed Property Disclaimer: City property is usually declared `surplus' when it's broken, damaged, too costly to repair, or no longer • needed by the City. Unclaimed property may contain items of various descriptions and quality. Availability, quality and functionality of any of these items cannot be, and is not, guaranteed. Return Policy: All donations are final. The City cannot accept return of unwanted items. Requestor (please print): Organization Name: Address: National City, CA. 91950 Contact Name/Requestor: Phone: ( ) Fax: ( ) Email Address: Items you are interested in obtaining: Desks Chairs File Cabinets Bookcases Computer Equip Misc. Office Equip. Other: Please specify: Tables Bicycles Verification / Authorization (see back): Registered on GuideStar: Yes City Business License: Yes Non -Profit, '501C3' status: Yes Local organization: Yes Purchasing Department Authorization: No No No No Proof/print out attached? Yes No Copy Attached? Yes No Proof/copy attached? Yes No Proof of address attached? Yes No Date: Release of Liability: The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the requesting agency, and that the requesting agency thereby agrees to indemnify and hold harmless, and at its own risk, cost and expense, defend the City, its officers, agents and employees from and against any and all liability, loss or expense to persons or property, including defense costs, legal fees, and claims for damages, arising out of, or related to, the access to or use of City property, including access to City facilities, and viewing, selection, removal, loading/unloading, or eventual use or transfer of donated/ surplus/unclaimed property by the requesting agency and any person using, operating or handling that property. The requesting agency further certifies that no guarantees or representations have been made regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the City thereby waives any and all claims that it may ever have against the City arising from the use or operation of the donated/surplus/unclaimed property. Requestor Signature: Date: Purch:H:Forms:Rgst-Don 4/20/04 Definition of 'Non -Profit' Organizations: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence Legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (Including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." Proof to be submitted with this form. Verification of Non -Profit Status: All non-profit `501C3' agencies requesting a donation of surplus/unclaimed property, must have a National City business license showing them as tax-exempt. Business licenses may be obtained from the City's Finance Department at 1243 National City Blvd., (619)336-4341 or (619)336-4330. Registration with GuideStar, the national database for non-profit organizations (www.guidestar.org), is also recommended. Proof of GuideStar registry (if available), and a copy of the City's business license must be submitted with this form. Definition of `Local': To be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Proof of local address must be submitted with this form. Availability of Surplus/Unclaimed property: Surplus/Unclaimed property is processed for disposal several times per year depending on storage space limitations. If the surplus property is not needed by any other department within the City, it will be made available for donation. Known local, non-profit `501C3' organizations will be notified by mail when surplus property is available. Questions should be directed to the Purchasing Department (619)336-4570. Use of City Forces Prohibited: The use of City forces or equipment for loading or delivery of donated items is not allowed. Recipient must provide their own labor force, loading equipment and transportation vehicles. Recipient must pick merchandise up from the Purchasing Department. Internal Process: • City departments and Council members will be sent a list of available property, and will be given first choice of surplus property items they may need for City use. • Remaining surplus city property and good quality bicycles from the Police Department's Unclaimed Property unit, will be made available for donation. Note: The Police Department will identify good quality bikes from Unclaimed Personal Property, and arrange with Public Works to have them transported to Purchasing for donation/disposal. • Purchasing will notify local, non-profit `501C3' agencies by mail, when surplus property is available. If interested, they can request details from Purchasing regarding dates, times, location, etc. This will give Purchasing an idea of how many agencies may attend the donation `event'. • Non -Profit agencies must submit required documents (See page 1 of Donation Form regarding Requirements), to the Purchasing Department at 2100 Hoover Ave., National City, Ca. on the announced donation date. Agencies not meeting the stated requirements, will be disqualified. • If only one agency wants a particular item, it will be given. If multiple agencies want a particular item, a name will be drawn from a hat. If multiple agencies want more than one of a particular item (bikes, computers, etc), the selection process will be conducted in `Round Robin' style. • No council members or city staff may select items for another individual or another organization unless it is a special project that has been approved by the City Council. • Purchasing will submit a summary report to City Manager and Council members after each donation/auction process is complete. • After each donation process is complete, remaining items will be sent to auction or otherwise disposed of in accordance with the Ordinance. • Proceeds from auctions will be deposited in accordance with the City's Municipal Code City of National City, California COUNCIL AGENDA STATEMENT APRIL 20, 2004 MEETING DATE AGENDA ITEM NO. 5 / ITEM TITLE Resolution of the City Council of National City awarding a contract to Environmental Business Solutions to conduct environmental site assessment, groundwater monitoring and preparation of penults and cleanup fund grant requests, for the Public Works Yard Fuel Tanks and National City Police Department Monitoring Wells and Fuel Tank. PREPARED BY Alberto Griego DEPARTMENT Public Works/Engineering 336-4386 EXPLANATION See attached Explanation Environmental Review N/A Financial Statement Funds available are: $50,000, through Account No. 196-409-500-598- 1587 Approved By: Finance Direct Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION( N/A ATTACHMENTS ( Listed Below) Resolution No. 1.Resolution 2. Exhibits 00, 01, 02 and 04 Proposals from Environmental Business Solutions 3. Contract can be viewed in the City Clerk's office. TANKS A-200 9. 99) EXPLANATION Public Works Fueling Facility On February 2, 2004 an Infounation Report was sent to the City Council to give an account about the necessity to cease dispensing fuel from the Public Works fueling station due to new environmental regulations by the Department of Environmental Health (DEH) of the County of San Diego and violations incurred by the existing underground storage tanks (UST's) As mentioned in the report provisions would be made with the County for a temporary closing permit of the underground tanks at the yard. Public Works has sent the letter required by the DEH and an intention to temporary close the fueling facility has been made. The DEH requires certain measures be made to temporary close the UST's, such as emptying out any existing fuel, plugging ducts, disconnecting electricity and conducting site assessment activities (such as assessing the possible presence and concentrations of contaminants in groundwater by way '>f monitoring wells at certain locations at the site). Off site fueling of City vehicle continues at designated stations utilizing individual pin number and car card number system. National City Police Department (NCPD) Fueling Facility At the NCPD there exists a UST that has been in violation with the DEH due to not being correctly permitted and also 6 monitoring wells installed during the construction of the building in the early 1990's, and which have not been monitored in some years. We are proposing the monitoring be restored of the existing wells and the temporary closure and future removal of this tank. In the future their will be acquisition of an above ground storage tank (AGT) whose advantages are price, simplified permitting, ease in leak detection, avoidance of soil contamination and environmental sanctions, and violations. Contract Environmental Business Solutions (EBS) would be contracted to prepare State UST Cleanup Fund (Fund) applications, reimbursement requests, and reports for the DEH and the State that would be signed by a California Registered Geologist; to conduct drilling, sampling and installation of groundwater monitoring wells; to assist in the disposal of drummed wastewater, soils, rinsate and purged waters, and other tasks as set forth in Proposal Exhibits 00, 01, 02 and 04 . The total cost of these proposals is $ 38,894.00, which includes 10% for contingencies due to unknowns that may be encountered. This price does not include the physical removal of UST's or cleanup and disposal of contaminated soils. The costs incurred for the above referenced work will be reimbursable by the Fund. The City has already applied to the Fund for the unauthorized release at the Public Works yard and received a Letter of Commitment for $75,000.00 on June 20, 2002. The costs associated with the current proposed work (Exhibit 00) have already been "preapproved" by the Fund in a letter dated January 28, 2003; therefore, most if not all of the monies should be recaptured by the City within 120 days of submittal of a reimbursement request to the Fund. The City will apply to the Fund for the unauthorized release at the NCPD as well, and once the NCPD is in the Fund, the monies expended for assessment work at this facility can also be recaptured within 120 days of submittal of a reimbursement request. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENVIRONMENTAL BUSINESS SOLUTIONS TO CONDUCT ENVIRONMENTAL SITE ASSESSMENT, GROUNDWATER MONITORING, PREPARATION OF PERMITS AND CLEANUP FUND GRANT REQUESTS FOR THE PUBLIC WORKS YARD FUEL TANKS AND NATIONAL CITY POLICE DEPARTMENT MONITORING WELLS AND FUEL TANKS WHEREAS, the City desires to employ a contractor to provide environmental consulting services for the Public Works Yard Fuel Facility Underground Storage Tank Temporary Closure and the National City Police Department Monitoring and Assessment of Ground Release; and WHEREAS, the City has determined that Environmental Business Solutions is an environmental engineering firm 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 on behalf of the City an Agreement with Environmental Business Solutions to provide environmental consulting services for the Public Works Yard Fuel Facility Underground Storage Tank Temporary Closure and the National City Police Department Monitoring and Assessment of Ground Release. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT 6 AGENDA ITEM NO. ITEM TITLE Resolution approving a Tentative Subdivision Map and Planned Development Permit for 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Street (Applicant: The Olson Company) (Case File No.: S-2003-8/PD-2003-6) PREPARED BY EXT. Roger Post 336 4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the April 6, 2004 public hearing. The attached resolution is needed to follow through on the action. 1 Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 34 CONDOMINIUM TOWNHOMES ON A 1.75 ACRE PROPERTY ON THE EAST SIDE OF R AVENUE BETWEEN 7TH AND 8TH STREET APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2003-8/PD-2003-6 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for on property generally described as: The west half of the east half of the west half of 80-acre Lot 2 in Quarter Section 130 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map made by Morrill, No. 166, filed in the Office of the County Recorder of San Diego County WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearing held on March 15, 2004 and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on April 6, 2004, 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 Nos. S-2003-8/PD-2003-6 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the 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 it hereby approves the tentative subdivision map and planned development permit for 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Street based on the following findings: Resolution No. 2004 — April 20, 2004 Page Two FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION/PARCEL MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 19 units per acre, is consistent with the uses and density of 22.9 units per acre, allowed in the Multi -Family Residential (RM-1-PD) Zone, and since there is no specific plan applicable to the property. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban residential character of the area, and since there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the attached three-story units will be located on the property with appropriate setbacks, open space and off-street parking provided. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2004 — April 20, 2004 Page Three 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the rectangular shaped 1.75 acre property can accommodate development of 34 three- story townhouses with two -car garages, nine on -site guest parking spaces, private access driveways, and common landscape areas. 2. That 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 7th and 8th Street and R Avenue all have sufficient capacity to handle the additional 270 average daily trips without suffering a decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent multifamily and nearby single-family development, and since the project will enhance an underutilized property. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for moderate and middle income families, allowing for mobility in the housing market. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS 1. That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for open space requirements to be met. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and planned development permit for 34 condominium townhomes on a 1.75 acre property on the east side of R Avenue between 7th and 8th Street is hereby approved subject to the following conditions: Resolution No. 2004 — April 20, 2004 Page Four 1. This Tentative Subdivision Map and Planned Development Permit authorize a one - lot condominium subdivision and the construction of 34 townhomes with associated open space improvements. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A - revised", "B" and "C-revised", Case File No. S-2003-8/PD-2003-6, dated February 6, 2004, November 26, 2003 and February 6, 2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. A trash enclosure shall be provided in accordance with City standards, if individual trash service is unavailable. It shall have a stucco exterior to match the buildings. 4. The reduced setbacks shall be shown on the final map. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, utilities, buildings, recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 6. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 7. If the development will be gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Minimum fire flow for Type V-N construction will be 2,500 gpm for 2 hours with a 20 psi residual. Resolution No. 2004 — April 20, 2004 Page Five 9. A minimum of two fire hydrants will be required. Hydrant spacing to be 300 feet. 10. No on -street parking shall be permitted within the development, streets will require posting. 11. A grading plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan and Standard Urban Storm water Mitigation Plan (SUSMP) are available at the Public Works/Engineering Department. 12. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works/Engineering Department requirements. 13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14. The deteriorated portions of the existing street improvements (curb 120' on 7th Street) along the property frontages shall be removed and replaced. 15. Street pavement is required on 7th Street. The minimum street section shall be 3" AC over 8" AB or per soil report. Resolution No. 2004 — April 20, 2004 Page Six 16. A permit shall be obtained from the Public Works/Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 17. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also 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. 18. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 320) shall be constructed. Abandoned driveway aprons (135') shall be removed and replaced with curbs, gutters and sidewalks. 19. A title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 20. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Public Works/Engineering Department prior to any work beginning on the project. 21. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 25. The final map shall be recorded prior to issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. Resolution No. 2004 — April 20, 2004 Page Seven 27. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 28. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 31. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 32. Before this Tentative Subdivision Map/ Planned Development Permit shall become effective, the applicant and the property owner both 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 Tentative Subdivision Map/Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 33. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Planned Development shall expire concurrent with the tentative map. Resolution No. 2004 — April 20, 2004 Page Eight 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 20th day of April, 2004. Nick lnzunza, Mayor ATTEST: Michael Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 2004 AGENDA ITEM NO. 7 ITEM TITLE Resolution Adopting the 2004 Regional Transportation Improvement Program (RTIP) PREPARED BY Din Daneshfar EXPLANATION 336 4387 DEPARTMENT Public Works/Engineering The City Of National City Council at its March 16, 2004 meeting scheduled April 6, 2004 as the date for receiving the public comments on the City's proposed RTIP for Fiscal Years 2005 through 2009. The attached Notice of the Public Hearing was advertised on the local Newspaper through the City Clerk's Office. On April 6, 2004, the Public Hearing was held, and the RTIP was approved by the City Council. Adoption of the Resolution is necessary to formalize the result of the April 6th Public Hearing. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Notice of Public Hearing Resolution No. 3. RTIP Foiius 4. City's Proposed CIP Project List A-200 (9 99( RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE FIVE-YEAR TRANSNET LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 2004/05 THROUGH 2007/08 WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan; and WHEREAS, the Ordinance provided that the SANDAG Board shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street and road revenues for fiscal years 2005 through 2009; and WHEREAS, the City of National City has held a public hearing in accordance with Section 5(A) of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 8 of the TransNet Ordinance, the City of National City certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the six -year period consistent with Maintenance of Effort Requirements adopted by the SANDAG Board of June 24, 1998. BE IT FURTHER RESOLVED that pursuant to Section 9 of the TransNet Ordinance, the City of National City certifies that TransNet funds programmed in the attached Program of Projects do not replace private developer funding which has been or will be committed for any project. BE IT FURTHER RESOLVED that pursuant to Section 16 of the TransNet Ordinance, the City of National City certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Ordinance have been met. BE IT FURTHER RESOLVED that the City of National City agrees to hold harmless and defend the SANDAG Commission against challenges related to the local TransNet funded projects. -- Signature Page to Follow -- Resolution No. 2004 — April 20, 2004 Page Two PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of Nit onIi City Office f the Cozy Mork 1243 National City Z. cu!evard, Nati na'! City, Calilorniaa 91950 4397 Michael R. Dana, Ct. C , City Clerk (619) 336-4226 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HERE 1:;Y GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, April 6, 2004, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: THE AD®PTII•N OF THE FIi -YEAR 2005.M9 REGI NAL TRANSPORTATION IMP!:®MEMENT 1P! •GRAM (RTIP) AND TRANSNET UPDATE. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: March 22, 2004 Mic ael R. Daly, CMC City Clerk of the City of National City, California .New or Amendment Form Project Manager:: Din Daneshfar Phone: (619) 336-4382 Date. 2/27/04 LEAD AGENCY: City Of National City Prepared by: Din Daneshfar email: ddaneshfare.ci.national-city.ca.us Capacity Status' NCl/NC R IP r..:rr1P0 ID. e 7'602 FTIP. afhervise, wdte'new project) Prc,er =_ Prone, Plaza Blvd. Widening Plaza Boulevard :eme or area illustrated on state highway maps - e.g., in Oceanside Real (TB map 1066/grid E-7) P-r. e_ _ Highland Avenue to Euclid Avenue �Sra:eci as horn one road or street to another Other boundary landmarks, such ... ,. _, eeks. State Parks, freeway crossings can be used in -lieu of streets a.,_ ..-'ample: between tsr Street and Pine Blvd.; north of Avenel Creek to 3, at Rook Creek bridge.) '..Pro,ec: Doscript!on: Corridor Analysis, Preliminary Engineering, Environmental Clearance, Right -of -Way Acquisition, and Construction to Widen Plaza Boulevard. (Descnoe the work to be done. Include significant components of the ,mnrovament - in particular those that relate to air quality conformity. Example. rei,abii;tste roadway; convect 4-lane expressway to 5-lane freeway with 2 HOV lamas: sanstruct left turn lane.) Pee). Iv1 Existing (current approved program) (Cl=capacayincreasing; NCl=non capadty increasing) FUND TYPE RSTP TransNet TOTAL $7,968,000 $1,092,000 IR $3,036,000 $584,000 $2.466.000 $254,000 $2,466,000 $254,000 Ifi/07 08/09 PE RW CON $800,000 $103,648 $1,200,000 $154,473 $5,968 000 $833,879 TOTAL: $9,060,000 $3,620,000 $2,720,000 $2,720,000 $0 $0 $0 $903,648 $1,354,473 $6,801,879 Proposed (requested change) FUND;TXPE` RSTP TransNet TOTAL 62,000,000 $1, 092,000 �Ri�IQi3 $800,000 $258,121 04L06 =�O,T>y�4Q,6, , O0(07 $1,200,000 $254,000 $254,000 $200,000 .07* $125,879 08(09 PE RW CON $800,000 $103,648 TOTAL: $3,092,000 $1,058,121 $1,454,000 $254,000 $200,000 $125,879' $0 $1,200,000 $154,473 6633,879 $903,648 $1,354,473 $833,879 For Fund Type, see 'RTIP Fund Type' table PE=Preiiminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) 'For all CI projects, Project Information Forrn (Table 2) must accompany this table. Regional Transportation Improvement Program (RTIP) New or Amendment Form Project Manager : Din Daneshfar LEAD AGENCY: City Of National City Prepared by: Din Daneshfar jPT 5 -$1PC ID ,noun. =_r otherwise. Ydtenew project) j PrO, e Street Resurfacing Projec_Various Locations (city street name or area illustrated on state highway maps - e.g., in Oceanside on EI Cam.,no Real (TB map 1086/grid E-7) Projec L.— : City Wide (Stated as from one road or street to another Other boundary landmarks, such as avers trees. State Parks, freeway crossings can be used in -lieu of streets or roads 5stmnle: between 1st Street and Pine Blvd.; north of Avenel Creek to so,r $3 2. Rock Creek hedge_) I?rotec'.Description Reconstruct/overlay various street section throughout the City based on the pavement management syste recommendation. (Oescbe the won; to be done. Include significant components of the improvement - in particular those that relate to air quality conformity- Example: .rehabdrtzte roadway; convert 4-lane expressway to 6-lane freeway with 2 FICV uanos sonatruct left tum lane.! hPast riNe �IOength of':m,ecd m Existing (current approved program) FUNO;TYPE TOTAL; • PRIOR TransNet $5,518,885 $1,985,858 Local $720.000 Gas tax $1,450,000 $580,000 TOTAL: $7,688,885 $2,565,858 Proposed (requested change) FUNO'TYPE TransNet Local Gas Tax TOTAL: TOTAL $4,925,885 $960,000 $1,740,000 PRIOR $1,031,885 $290,000 A4/0S; t ; $1,020,000 $240,000 $200,000 $1,091,000 $240,000 $290,000 Phone: (619) 336-4382 Date: 2/27/04 email: ddaneshfar(oci.national-citv.ca.us Capacity Status` NCI (Cl=capac'ty increasing,; NCI=non capacity increasing) 08i07, 91,422,000 $240,000 $290,000 $1,550,000 $1,621,000 $1,952,000 .04/05,=. $954.000 $290,000 $1,020,000 $240.000 $290,000 $1,020,000 $240,000 $290,000 7166, OS/09 $0 $0 71g8, $900,000 $240.000 $290 000 0$709 $240,000 $290 000 $7,625,885 $1,321,885 $1,244,000 $1,550,000 $1,550,000 $1,430,000 $530,000 For Fund Type, see 'RTIP Fund Type' table PE=Preliminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) 'For all CI projects, Project Information Form (Table 2) must accompany this table. PE -RW 'PE&CON $5518,885 $720 000 $1,450,000 $0 $0 $7,688,885 PE <;RW *,PE&CON $0 $4 925,885 $960,000 $1 740 000 $0 $7,625,885 Regional Transportation Improvement Program (RTIP) New or Amendment Form Project Manager Din Daneshfar LEAD AGENCY: City Of National City Prepared by: Din Daneshfar RTIP 44P0 ID. 4 x 2002 R lP, otherwise, write 'new project) Proles, Esie P'3 es, Loco!ion_ Traffic Signal Installation/Upgrade Various Locations (city scree; name or area illustrated on state highway maps - e.g., in Oceanside or E, senc Real (TB map 1086/grid E-7) Protec R Est City Wide Existing (current approved program) Phone: (619) 336-4382 Date: 2/27/04 email: ddaneshfar(ao7ci.national-citV.ca.us Capacity Status* NCI (C)=capacity increasing; NOf=non capacity increasing) FUND rYPE TOTAL PR10R 107; l08, 08/09 PE ' RVV PE&CON TransNet Local $650,000 $50,000 $175,000 $50,000 $125,000 $125,000 $125,000 (Slated as from one road or street to another Other boundary landmarks, such as rivers. creeks, State Pares, freeway crossings can be used in -lieu of streets or roads -.:ample: behveen 1st Street and Pine Blvd.; north of Avenel Creek to sock: _' a: _3. ai Rosh Creek badge_) Proposed (requested change) Prc)esi Descnpiion- Install and/or Upgrade various traffic signals throughout the City based on the Traffic Signal Inventory and Master Plan Recommendations. (Describe the work to be done. Include significant components of the improvement - in particular those that relate to air quality conformity. Example: rehasildele roadway; convert 4-lane expressway to 6-lane freeway with 2 HOV lanesconstruct left cum lane.) Poe; Mae lere7ta ei project) TOTAL: FUNO'>T r.E. TransNet Local $700,000 TOTAL $675,000 550,000 $225,000 F�yOi $175,000 $50,000 $125,000 $125,000 $125,000 $0 $0 $125,000 $125,000 6/07 $125,000 070, $125,000 08/09 $650,000 550,000 $0 $0 $700,000 PE RW TOTAL: $725,000 $225,000 $125,000 $125,000 $125,000 $125,000 $0 PE&CON $675,000 $56 000 $0 $0 $725,000 For Fund Type, see 'RTIP Fund Type' table PE=Preliminary Engineering, includes environmental & design; RW=Right-of-Way; CON=Construction, includes vehicles (for transit) 'For all CI projects, Project Information Form (Table 2) must accompany this table. FISCAL YEAR 04-05 103 — GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Paradise Valley Road Widening $240,000 109 — GAS TAKES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvement — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15,000 6. Pavement Management System, $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 - C.D.B.G. FUND 1. Installation of Pedestrian Ramps 2. Misc. Concrete Improvements 3. Neighborhood Preservation Program 4. Misc. Storm Drain Improvements 5. Granger Music Hall Parking Lot Resurfacing 6. Alley Improvements 7. Installation of Street Lights 8. Valley Road Improvement 9. Groundwater Pollutants Monitoring 10. Public Works Re -roofing 11. Public Works Yard Resurfacing 307 — PROPOSITION "A" FUND (TRANSNET) 2. 3. Resurfacing of Various Streets Plaza Boulevard Widening Traffi c'S ignal Install/Up grade 312 - STP LOCAL FUND I . Plaza Boulevard Widening NON_l)EPARLMFN"EAL GENERAL FUND (00 Sweetwater (. hanncl 5viaioten tnce $ 150,000 $ 100,000 $ 170,000 $ 50,000 $ 25,000 $ 140,000 $ 25,000 $ 150,000 $ 12,000 $ 250,000 $ 100,000 $1,172,000 $ 954,000 $ 254,000 $ 125,000 $1,333.000 Si,200,000 $20,500 FISCAL YE a h 05-06 103 - GENERAL CAPITAL OUTLAY FUND 1. Resurfacing of Various Streets 109 - GAS TAXES FUND AMOUNT $240,000 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100 000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements - ''' $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Traffic Signal Install/Upgrade NON -DEPARTMENTAL GENERAL FUND (001) $1,020,000 $ 254,000 $ 125,000 $1,399,000 Sweetwater Channel Maintenance $ 20,500 FISCAL YEAR 06-07 103 - GENERAL CAPITAL OUTLAY FUND 1. Resurfacing of Various Streets 109 - GAS TAXES FUND AMOUNT $240,000 1. Resurfacing of Varous Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $5R5,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets 2. Plaza Boulevard Widening 3. Traffic Signal Install/Upgrade NON -DEPARTMENTAL GENERAL FUND (001) Sweetwater Channel Maintenance $1,020,000 $ 200,000 $ 125,000 $1,345,000 $ 20,500 FISCAL YEAR 07-08 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Varous Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30.000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 — C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements — Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 307 - PROPOSITION "A" FUND (TRANSNET) 1. Resurfacing of Various Streets $ 900,000 2. Plaza Boulevard Widening $ 125,879 3. Traffic Signal Install/Upgrade $ 125,000 $1,150,879 NON -DEPARTMENTAL GENERAL FUND (001) Sweetwater Channel Maintenance $ 20,500 FISCAL YEAR 08-09 103 - GENERAL CAPITAL OUTLAY FUND AMOUNT 1. Resurfacing of Various Streets $240,000 109 - GAS TAXES FUND 1. Resurfacing of Various Streets $290,000 2. Install Pedestrian Ramps $ 50,000 3. Misc. Concrete Improvements - Curb, Gutter and Sidewalks $ 50,000 4. Street Maintenance and Slurry Seal Program $150,000 5. Replace Street Signs $ 15, 000 6. Pavement Management System $ 30,000 $585,000 125 - SEWER SERVICE FUND 1. Sewer System Maintenance $400,000 301 - C.D.B.G. FUND 1. Install Pedestrian Ramps $100,000 2. Misc. Concrete Improvements -• Curb, Gutter and Sidewalks $100,000 3. Misc. Storm Drain Improvements $ 50,000 $250,000 NON -DEPARTMENTAL GENERAL FUND (001) 1. Sweetwater Channel Maintenance $ 20,500 DD:FISCAL MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 8 / ITEM TITLE WARRANT REGISTER #39 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #39 per Government Section Code 37208. ♦ Environmental Review N/A Financial Statement Not applicable. Approved B Finance rector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,101,138.42. BOARD / COMMISSION REOOMMEND TION /r //i / ATTACHMENTS ( Listed Below ) 1. Warrant Register #39 2. Workers Comp Warrant Register dated 03/24/04 3. Payroll Warrant Register dated 03/24/04 Resolution No. A-200 (9/99) MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 9 ITEM TITLE Consolidated Cash and Investment Report as of November 30, 2003 PREPARED BY Alison Hunter X 4332 DEPARTMENT Finance —Marylou Matienzo X 4331 EXPLANATION For the City Council's information and in compliance with the City's Investment Policy, the Consolidated Cash and Investment Report as of November 30, 2003 is hereby submitted. This report reflects the components of the Investment Program for the period then ended. The Investment Portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not Applicable woQ�1L tleirzx° Account No. e Dire " or STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / CODA ISSION RECOMMENDATION Concur: 1-ATTACHMENTS ( Listed Below ) 2. 3. \ 4. A-200 (9;99) CASH ACCOUNT SUMMARY INVESTMENT BY BROKERS PORTFOLIO MANAGEMENT ACTIVITY REPORT Resolution No. 5. CONSOLIDATED CASH REPORT 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Nov-03 BALANCE REVOLVING CASH $ 3,599.63 RETURNED CHECKS 10,850.79 BANK OF AMERICA #80200 222,676.80 OUTSTANDING WARRANTS (375,038.81) PAYROLL OUTSTANDING WARRANTS (29,762.07) CASH HELD BY BROKERS 10.5,844.85 INVESTMENTS 16,356,769.79 MONEY MARKET 6,789,608.00 LAIF 24,237,879.41 TOTAL $ 47,322,428.39 INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2003-04 2002-03 2001-02 2000-01 1999-00 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 YEAR-TO-DATE TOTAL YEAR 246, 970.38 309,7,73.17 1,129,989.77 513,023.66 $ 1,500,216.86 571,316.17 2,642,502.96 299,726.91 1,841,539.16 385,963.42 1,702,889.57 399,283.72 1,478,232.91 316,198.24 1,256,907.31 332,418.89 974,113.25 337,718.30 1,001,709.56 175, 652.66 1,011, 586.52 31,320.74 721,913.49 225,813.59 864,052.63 346,452.60 1,303,878.52 331,286.23 1,544,993.71 360,812.08 1,311,930.94 262,957.46 979,435.87 304, 320.13 1, 048, 978.23 678, 495.93 1,321,688.93 Nov_03 Combined Cash Reconciliation Worksheets P1 SymPro CUSIP Investment# Issuer City of National City Investments by Brokers Investments Purchased From Finance 500 Inc November 30, 2003 Purchase Date Book Value Par Value City of National City Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 143876AX8 177707ACO 254676B98 340558CE3 32112FA06 633360A81 74407ML60 10757 10801 10755 10643 10702 10720 10629 10701 10756 10598 Bank of Tennessee Global Credit Union Bank of Little Chute Carolina Firtsl Bank City Bank Discover Bank Florida Bank, NA FNB of Rockies National Bank of Commerce Plains Capital Bank 08/09/2002 11/04/2002 08/07/2002 12/07/2001 05/15/2002 06/12/2002 09/26/2001 05/15/2002 08/08/2002 07/11/2001 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 . 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,660.33 99,000.00 99,689.04 96,147.60 99,663.55 95,962.35 104,522.22 99,541.00 95,660.25 96,816.40 Subtotal and Average 966,000.00 966,000.00 986,662.74 2.750 2.712 3.250 3.205 2.800 2.761 4.100 4.043 4.900 4.832 3.650 3.600 5.150 5.079 _ 4.850 4.783 2.800 2.761 5.200 5.128 2.750 3.250 2.800 4.100 4.900 3.650 5.150 4.850 2.800 5.200 3.883 3.937 08/09/2004 252 11/04/2004 339 08/06/2004 249 06/07/2004 189 05/15/2007 1,261 06/14/2004 196 09/26/2006 1,030 05/15/2007 1,261 08/09/2004 252 07/12/2004 224 524 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 95,000.00 6.000 6.000 6.083 05/20/2004 171 95,000.00 95,000.00 95,000.00 6.000 6.083 171 Negotiable/Transferable CDs 0279999X1 10358 06035ADT7 0649999X5 20348PAFO 203584AD9 206073AKA 258115AV6 30241 HXE3 458857EV1 531554AG8, 509685AC7 8649999X9 Run Daie: 02/27/2004 - 17:59 10072 10346 10727 10071 10726 10041 10159 10262 10870 10688 10166 10165 10329 10347 American National B & TC Bank Trust of Puerto Rico Bank One, Colorado Community Bank of Boone Community Bank of Ravenswood Concord Bank Doral FSB FCC National Bank Great South Texas Bank Investors Community Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust Bank of Mount Vernon Success National Bank 02/18/2000 01/27/1999 01/25/2000 06/28/2002 01/28/1999 06/28/2002 12/10/1998 03/10/1999 09/15/1999 07/29/2003 04/30/2002 04/06/1999 04/06/1999 02/26/1999 01/31/2000 74,790.18 95,000.00 74,790.18 97,000.00 95,000.00 99,000.00 98,384.22 95,000,00 75,811.23. 98,212.95 95,000.00 95,000.00 95,000.00 69,971:36 79,937.85 100 000.00 95,000.00 100,000.00 97,000 00 95,000.00 99,000.00 99,000.00 95 000.00 100,000.00 99,000,00 95,000.00 95 000.00 95,000.00 100,000.00 100,000.00 100,000.00 95,476.90 100,000.00 97,943.81 95,493.05 99,721.71 99,070.29 96,191.30 100 000.00 98,044.65 99,674.00 96 006.05 96,006.05 100,000.00 100,000.00 6.760 5.300 6.760 3.600 5.350 3.500 5.350 5.700 6.550 1.550 4.900 5.550 5.550 5.600 6.270 15.582 5.227 15.581 3.550 5.276 3.452 5.417 5.621 14.981 1.973 4.832 5.473 5.473 14.352 13.920 15.798 5.300 15.797 3.599 5,350 3.499 5.492 5.700 15,189 2.000 4.900 5.549 5.549 14.551 14.113 02/11/2005 438 01/27/2004 57 01/13/2005 409 06/11/2004 193 01/28/2004 58 05/03/2004 154 12/10/2003 9 03/10/2004 100 07/28/2004 240 05/16/2005 532 04/30/2007 1,246 03/26/2004 116 03/26/2004 116 09/14/2005 653 01/31/2004 61 Portfolio CNC CC 00 (PRF_00) SymRept V5.02( CUSIP Investment N Issuer City of National City Investments Purchased From Finance 500 Inc November 30, 2003 Purchase Date Book Value Par Value Page 2 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 90331V9X2 10353 6514-18644-1 10332 U S Bank NA Wilmington Trust Co 02/04/2000 03/08/1999 Subtotal and Average 74,008.71 76,570.64 100,000.00 100,000.00 100,000.00 7 020 16.279 16,505 02/03/2005 430 100,000.00 6,150 13.987 14.181 02/26/2004 87 1,488,477.32 1,664,000.00 1,673,627.81 8.266 8.380 281 Federal Agency Securities 31339XON7 10867 31339Y6G2 10868 31339YYD8 10882- 3133X07B9 10883 3133X0DW6 10884 3133X0L64 10891 3133X0WH8 10892 3133X1HA86 10909 3133X1UZ8 10919 3133X23C7 10920 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 07/02/2003 07/17/2003 08/13/2003 08/20/2003 08/27/2003 09/04/2003 09/19/2003 10/23/2003 11/13/2003 11/26/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,o00.on oo,000.00 100 000.00 100,000.00 100,000.00 100,000.00 1 o0 000.00 ioo,000.00 100,000.00 100,000.00 100,000.00 100 000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000,00 100,531.00 100,000.00 100,344.00 100,031,00 1,000,000.00 1,000,000.00 1,000,906,00 2.000 2.000 3.000 3.000 3.250 3.500 3.500 3,000 3.500 3.250 1.972 1.972 2.958 2.958 3.205 3.452 3,452 2.958 3.452 3.205 2.000 2.000 3.000 3.000 3.250 3.500 3.500 3.000 3.500 3.250 2.959 3.000 07/02/2008 07/17/2008 08/13/2008 08/20/2008 08/27/2008 09/04/2008 09/19/2008 10/23/2008 11/13/2008 11/26/2008 1,675 1,690 1,717 1,724 1,731 1,739 1,754 1,788 1,809 1,822 1,744 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mdgage Corp Federal Natl. Mortgage Assoc. 11/30/1998 12/01/1998 Subtotal and Average 0.00 13,617.47 13,617.47 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,333 13,066.08 13,066.08 8.500 7.605 7.710 07/01/2011 2,769 13,066,08 13,066.08 7.605 7.711 2,769 Total Investments and Average Run Dale: 02/27/2004 - 17:59 'l7 W 3,563,094.79. 3,738,066.08 3,769,262.63 5.525 5,602 764 Portfolio CNC CC OD (PRF_DD) SyrnRepl V502f City of National City Investments Purchased From Gilford Securities Inc November 30, 2003 Page 3 Purchase - - Current - YTM YTM Maturity Days To CUSIP lnvtstment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 99,688.00 2.250 2.377 2.410 04/10/2008 1,592 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100 000.00 100,281.00 3.000 2.958. 3.000 05/14/2008 1,026 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,000.00 100,000.00 2.700 2.663 2.700 05/28/2008 1,640 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 100,000.00 100,000.00 2.000 1.972 2.000 06/30/2008 1,673 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 99,937.50 100,000.00 98,188 00 2.000 1.985 2.013 07/17/2008 1,690 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 99,750.00 100,000.00 98,375.00 2.000 2.024 2.052 07/24/2008 1,697 31339YP62C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 100,000.00 99,469.00. 2.500 2.465 2.500 07/30/2008 1,703 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 100,000.00 99,469.00 3.000 2.958 3.000 08/13/2008 1,717 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 • 100,000.00 . 100,000.00 98 688.00 2.500 2.465 2.500 08/14/2008 1,718 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 _ 99,937.50. 100,000.00 99,844.00 2.500 2.478 2.513 08/20/2008 1,724 3133XODE6 10875 Federal Home Loan Bank 08/26/2003 100,000.00 100,000.00 99,594.00 3.000 2.958 3.000 08/26/2008 1,730 3133X0HE2C 10876 Federal Home Loan Bank 08/27/2003 99,687.50 100,000.00 100,375.00 3.250 3.272 3.318 08/27/2008 1,731 3133X0MX4C 10.885 Federal Home Loan Bank 09/05/2003 100,000.00 100,000.00 100,000.00 3.250 3.205 3.250 09/05/2008 1,740 3133X0VA4C 10886 Federal Home Loan Bank - 09/19/2003 99,875.00 100,000.00 100,219.00 3.000 2.985 3.027 09/19/2008 1,754 3133X14R5C 10893 Federal Home Loan Bank. 10/02/2003 -99,750.00 100,000.00 98,719.00 3.500 3.506 3.555 10/02/2008 1,767 3133MX17M3C 10894 Federal Home Loan Bank 10/09/2003 100,000.00 100,000.00 100,406.00 3.250 3.205 3.250 10/09/2008 1,774 3133X1CG0 10895 Federal Home Loan Bank 10/15/2.003 '99,900.00 100,000:00 100,344.00 3.000 2.980 3.021 10/15/2008 1,780 3133X1CZ8C 10.896 Federal Home Loan Bank 10/15/2003 99,937.50 100,000.00 100,094.00 3.000 2.972 3.013 10/15/2008 1,780 3133X1HA8C 10897 Federal Home Loan Bank 10/23/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 10/23/2008 1,788 3133X1LS4C 10898 Federal Horne Loan Bank -10/30/2003 99,900.00 100,000.00 99,625110 3:000 2.980 3.021 10/30/2008 1,795 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 '99,375.00 100,000.00 99,313.00 2.750 .2.845 2.885 10/30/2008 1,795 3133X1PY7C 10910 Federal Home Loan Bank - 11/04/2003 100,000.00 100,000.00 _96,84400 3.000 2.958 3.000 11/04/2008 1,800 3133X1U54C 10911 Federal Home Loan Bank • 11/14/2003 99,812.50 100,000.00 99,906.00 3.000 2.999 3.040 11/14/2008 1,810 31332AP0C 10912 Federal Home Loan Bank 11/24/2003 100,000.00 100,000.00. 100,375.00 3.500 3.452 3.500 11/24/2008 1,820 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 99,562.50 100,000.00 99,914.60 3.000 3.052 3.095 11/28/2008 1,824 • Subtotal and Average - - 2,496,675.00 • 2,500,000.00 2,489,730.60 2.827 2.887 1,738 Total Investments and Average Run Date: 02/27/2004 - 17:59 2,496,675.00 2,500,000.00 2,489,730,60 - 2.827 2.867 1,738 Portfolio CNC CC DD (PRF_DD) SyrnRepl V5.021 CUSIP Investment# Issuer City of National City Investments Purchased From Multi -Bank Securities Inc November 30, 2003 Purchase Date Book Value Par Value Page 4 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10852 10577 10877 10604 10900 10901 10576 10597 10851 10859 654062AM0 10564 10850 10861 10599 10763 10596 10843 10878 10682 10662 10914 10862 10574 Bank of Bonifay Bankfirst NA Boardwalk Bank Bank of Arkansas Carolina Trust Bank Corn Belt B & T Co Heritage Bank Legacy Bank of Harrisburg MONA America NCB Savings Bank FSB Nicole) National Bank Orion Bank. Pan American Bank Park Avenue Bank NA, The PlantersFirst Bank Providian Bank Southern New Hampshire B&T Co Southern National Bank -Texas State Farm Financial Svcs, FSB Sterling Bank & Trust, FSB Total Bank Washington Savings Bank, FSB York State Bank & Trust 06/11/2003 06/22/2001 08/07/2003 07/20/2001 10/01/2003 10/07/2003 06/28/2001 07/12/2001 06/05/2003 07/17/2003 06/01/2001 06/05/2003 07/28/2003 07/11/2001 08/27/2002 07/10/2001 05/08/2003 08/29/2003 03/06/2002 01/25/2002 11/26/2003 07/31/2003 06/27/2001 Subtotal and Average 95,000.00 99,000.00 99,000.00 100,000.00 99,00000 98,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99 000.00 100,000.00 99 000.00 99,000.00 99,000100 99,000.00 05,000.00 99,000.00 99,000.00 100,000.00 99,000.00 98,000:00 99,000.00 99,000.00 99 000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99 000.00 99,000.00 99,000.00 • 100,000.00 99,000.00 99,000.00 • 99,000.00 99,000.00 95,000.00 2.350 2.317 2.350 06/11/2005 558 99,000.00 5.350 .5.276 5.350 06/22/2004 204 99,000.00 2.250 2.219 2.250 08/08/2005 616 100,000.00 5.170 5.099 5.170 07/20/2004 232 99,000.00 2.500 2.465 2.500 10/01/2005 670 98,000.00 2.710 2.672 2.710 10/07/2005 676 99,000.00 5.100 5.030 5.100 12/29/2003 28 99 000.00 5.500 5.424 5.500 07/12/2004 224 99,000.00 2.430 2.396 2.430 06/05/2005 552 99 000.00 2.100 2.071 2.100 07/18/2005 .595 99,029.70 5.100 5.030 5.100 12/01/2003 0 99,000.00 2.228 2.195 2.226 06/06/2005 553 99,000.00 2.100 2.071 2.100 07/28/2005 605 99,000.00 5.400 5.326 5.400 07/12/2004 224 99,000.00 3.400 3.353 3.400 08/27/2004 270 99,000.00 5.480 5.404 5.480 07/09/2004 221 99,000.00 2.000 1.972 2.000 05/08/2004 159 99,000.00 2.750 2.712 2:750 08/25/2005 633 100,000.00 4.350 4.290 4.350 03/08/2004 98 99,000.00 4.050 3.994 4.050 01/25/2004 55 99,000.00 2.450 2.416 2.450 09/01/2005 640 99,000.00 2.250 2.219 2.250 07/30/2005 607 - 99,000.00 5.100 5.100 5.170 12/29/2003 28 2,274,000.00 2,274,000.00 - 2.274,029.70 3.526 3.577 366 Negotiable/Transferable CDs 356611 FU2060 39739BS36060 441800AY8060 798219A87060 10168 10162 10167 10146 Fremont Investment & Loan Greenwood Trust Company DE Household Bank San Jose National Bank 04/07/1999 03/17/1999 04/07/1999 03/03/1999 Subtotal and Average 97,000.00 100,000.00 97,000.00 97,000.00 97,000.00 100,000.00 97,000.00 97,000.00 98,432.69 5.600 5.523 5.600 04/07/2004 128 100,000.00 5.800 5.523 5.600 03/17/2004 107 98,397.77 5.500 5.424 5.500 04/07./2004 128 98 015.59 5.400 5.326 5.400 03/03/2004 93 391,000.00 391,000.00 394,846.05 5.450 5.526 113 Pass Through Securities 31364TKP5060 10103 Run Dale: 02/27/2004 - 17:59 -71 U1 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250. 7.206 7.307 11/01/2004 336 Portfolio CNC CC DD (PRF_DD) SyroRepl V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc November 30, 2003 Purchase CUSIP Investment 11 Issuer - Date Book Value Page 5 Current YTM YTM Maturity Days To Par Value Market Value Rate 360 365 Date. Maturity Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Total Investments and Average 2,665,000.00 Run Dale: 02/27/2004 - 17:59 2,665,000.00 2,668,875,75 3.810 3.863 329 Portfolio CNC CC DO (PRF_OD) SymRept V5.021 CUSIP Investment # Issuer City of National City Investments Purchased From PaineWebber Inc November 30, 2003 Purchase.. Date Book Value Par Value Federal Agency Securities 3133MYLK1 31339XQN7 3133X0AE9 3133X0S75 3133X1GA9 3133X2AC9 10844 10863 10879 10887 10903 10915 Federal Home Loan Bank Federal Horne Loan Bank. Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank 05/21/2003 07/02/2003 08/20/2003 09/12/2003 10/21/2003 11/26/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 t oo,000.0o 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00. 100,000.00 Page 6 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity 100,329.00 97,797.00 99,860.00 100,594.00 100,266 00 100,298.00 600,000.00 600,000.00 599,144.00 3.000 2.000 2.500 3.500 3.250 3.125 2.958 1.972 2.465 3.452 3.205 3.082 3.000 2.000 2:500 3.500 3.250 3.125 2.856 2.896 05/21/2008 07/02/2008 08/20/2008 09/12/2008 10/21/2008 11/26/2008 1,633 1,675 1,724 1,747 1,786 1,822 1,731 Total Investments and Average Run Dale: 02/27/2004 - 17:59 600,000.00 600,000.00 599,144.00 2.856 2.896 1,731 Portfolio CNC CC DD (PRF_DD) SymRept V5.02( CO CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. November 30, 2003 Purchase Date Book Value, Page 7 Current YTM YTM Maturity Days To Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000 00 99,000.00 99 000.00 5.200 5.128 5.200 07/26/2004 238 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.169 2.200 06/27/2005 574 10898 American Bank 04/25/2002 - 99,000.0099,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 146 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000,00 99,000.00 4.200 4.142 4.200 03/29/2004 119 10793 Bay Financial Savings Bank 10/09/2002 99,00000 99,000.00 99 000.00 3.300 3.254 3.300 10/12/2004 316 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 35 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 90,000.00 4.150 4.093 4.150 04/23/2004 144 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 06/25/2005 572 10889 Capital Bank & Trust Co. 09/1 i/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/12/2005 651 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3,984 4.040 07/09/2004 221 10748 Capital One FSB 07/09/2002 100,000.00 - 100,000.00 100,000.00 , 4.040 3.084 4.040 07/09/2004 221 10716 Colony Bank of Asburn 05/14/2002 99 000.00 99 000.00 99,000.00 4.000 3.945 4.000 05/13/2004 164 10700 Centennial Bank of the West 04/30/2002 99,000.00 - 99,000.00 99,000.00 4.050 3.994 4.050 . 04/30/2004 151 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 11/22/2004 357 10905 Citizens Nall. Bank of Quitman 10/06/2003 99,000.00 99,000.00. 99,000,00 2.500 2.465 2.500 10/06/2005 675 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 32 10575 Edgar County Bank & Trust Co.. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 28 10802 E-Trade Bank 11/25/2002 99,000.00 99 000.00 - 99,000.00 2.960 2.919 2.960 11/26/2004 361 10695 First Alliance Bank - 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 140 10800 Frirst Community Bank 11/01/2002 - 99,000.00 _ 99,000.00 90,000 00 3.250 3.205 3.250 11/01/2004 336 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.810 2.850 02/18/2005 445 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 221 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 07/25/2005 602 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00. 4.050 3.994 4.050 - 04/29/2004' 150 10753 First National Bank Northeast '07/29/2002 99,000.00 99,000.00 99,000.00 3.840. 3.787 3.840 07/29/2004 241 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/06/2005 . 645 10829 First State Bank of Conway 03/24/2003 99,000.00 _ 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 479 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 ' 5.250 5.178 5.250 07/13/2004 225 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99 000.00 4.050 3.994 4.050 07/01/2004 213 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 206 10605 Home Federal Bank of Hollywood 07/24/2001 - 99,000.00 99,000.00 99 000.00 5.150 5.079 5.150 07/23/2004 235 10693 Hinsbrook Bank & Trust - 04/17/2002 99,000.00 - 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 50 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 99 000.00 2.450 2.416 2.450 08/15/2005 623 10908 Horizon Bank 10/31/2003 99,000.00 99 000.00 99,000.00 2.600 2.564 2.600 10/31/2005 700 Run Dale: 02/27/2004 - 17:59 Portfolio CNC .. CC DO (PRF_DD) SymRepl V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. November 30, 2003 Page 8 • Purchase - - Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date . Book Value Par Value • Market Value Rate - 360 365 Date Maturity Certificates of Deposit - Monthly 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 .04/24/2004 145 10865 IndyMac Bank FSB 07/08/2003 99,000.00. 99,000.00 99,000.00 2.120 2.090 2.120 07/08/2005 585 10846 International Bank of Chicago . 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 05/16/2005 532 10904 Lake Country State Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 10/03/2005 672 10565 Lakeland Community Bank - 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 12/12/2003 11 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800- 2.761 2.800 02/11/2005 438 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00. ' 2.750 2.712 2.750 02/28/2005 455 10671 Manufacturers 8 Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.053 4.110 03/25/2004 115 10736 Mercantile TBSB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 281 10715 Mesa Bank - 05/09/2002 99,000.00 ' 99,000.00 99 000.00 4.100 4.043 4.100 05/10/2004 161 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 07/05/2005 582 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/25/2005 511 10714 New Frontier Bank 05/08/2002 - 99,000.00 99,000.00 99,000.00- 4.100 4.043 4.100 05/08/2004 159 10906 Oceanside Bank 10/20/2003 - 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 10/20/2005 689 10907 Ocwen Federal Bank FSB 10/27/2003 99,000.00 99,000.00 99,000.00 2,730 2.692 2.730 10/24/2005 693 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 01/20/2005 416 10916 Parke Bank 11/20/2003 99,000.00 _ 99 000.00 99,000.00 2.500 2.465 2.500 09/19/2005 658 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 05/05/2005 521 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 09/24/2004 298 10917 Premier Bank of Wilmette 11/25/2003 99,000.00 99,000.00 99,000:00 2.550 2.515 2.550 11/25/2005 725 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4,150 04/22/2004 143 10774 - Peoples Stale Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 287 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 12/22/2003 21 10751 Security Bank. 07/15/2002. 99,000.00 99,000.00 99,000.00 3.980 3 925 3.980 07/15/2004 227 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.343 3.390 10/19/20(14 323 10811 Stockmans Bank 02/13/2003 99,000.00 - 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 440 10890 Texas Stale Bank • 09/26/2003 .99,000.00 99,000.00 99,000.00 2.620 2.584 2.620 08/26/2005 634 10717 - Traditional Bank 05/16/2002 99,000:00 99,000.00 99,000.00 4.250 4.191 4.250 07/16/2004 228 10808 Treasury Bank " 01/28/2003 99,000.00 99,000 00 99,000.00 3.050 3.008 3.050 01/28/2005 424 10918 Trinity Bank 11/25/2003 99,000.00 - 99,000.00 99,000.00 2.650 2.613 2.650 11/25/2005 725 10853 Union Credit Bank 06/18/2003 - 99,000.00 - 99,000.00 99,000,00 2.300 2.268 2.300 06/20/2005 567 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99 000.00 3.940 3.886 3.940 07/18/2004 • 230 .10601 Union Bank 07/16/2001 99,000.00 99,000.00 - 99,000 00 5.200 6.128 5.200 07/16/2004 228 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 - 5.079 5.150 01/20/2004 50 Run Date: 02/27/2004 - 17:59 -o Portfolio CNC CC OD (PRF_DD) Syn-Repl V5.02( CUSIP Investment ti Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. November 30, 2003 Page 9 Purchase - Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates. of Deposit - Monthly 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300. 5.227 5.300 06/29/2004 211 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2:920 2 880 2.920 01/30/2005 426 10836 West Pointe Bank 04/10/2003 - 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/11/2005 497 Subtotal and Average 7,032,000.00 7,032,000.00 7,032,000.00 3.464 3.513 349 Total Investments and Average 7,032,000.00 Run Dale: 02/27/2004 - 17:59 7,032,000.00 7,032,000.00 3.464 3.513 349 Portfolio CNC CC DO (PRF_DD) SyrnRept V5.021 8 SymPro Investments Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments City of National City Portfolio Management Portfolio Summary November 30, 2003 Par Market Book % of Value Value - Value Portfolio Term Total Earnings Current Year Average Daily Balance Effective Rate of Return 10,272,000.00 95,000.00 2,055,000.00 4,100,000.00 13,066.08 City of National City Days to YTM/C YTM/C Maturity 360 Equiv. 365 Equiv. 10,292,692.44 10,272,000.00 62.80. 815 370 3.518 3.567 95,000.00 95,000.00 0.58 1 827 171 6.000 6.083 2,068,473.86 1,879,477.32 11.49 - 1,649 246 7.680 7.787 4,089,780.60 4,096,675.00 25. 05 1,827 1,739 2.864 2.904 13,066.08 13,617.47 0.08 4,595 2,769 7.605 7.711 16,535,066.08 16,559,012.98 16,356,769.79 100.00% 1,173 699 3.850 3.904 November 30 Month Ending Fiscal Year To Date 48,800.47 15,858,171.28 3.74% Marylou Matienzo, Director of Finance 'tips Dale: 02/27/2004 - 18:00 273,243.22 14,230,341.35 4.58% Portfolio CNC CC PM (PRF_PM1) SymRepl V5.021 City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 2 Stated YTM/C Days to Maturity Market Value. - Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank ' 07/26/2001 99,000.00 99,000.00 99,000:00 5.200 5.200 238 07/26/2004 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.200 574 06/27/2005 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 146 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99 000.00 99,000.00 4.200 4.200 119 03/29/2004 10852 Bank of Bonifay 06/11/2003 • 95,000.00 95,000.00 95,000.00 2.350 2.350 558 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99 000.00 99,660.33 99,000.00 2.750 2:750 252 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 316 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 204 06/22/2004 10801 Global Credit Union . 11/04/2002 - 99,000.00 99 000.00 99,000.00 3.250 3.250 339 11/04/2004 10877 Boardwalk Bank _ - 08/07/2003 ' 99,000.00 99,000.0'0 99 000.00 2.250 2:250 616 08/08/2005 10604 Bank of Arkansas 07/20/2001 100,000.00 - 100,000.00 100,000.00 5.170 5.170 232 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 . 99,000.00 99,000.00 5.250 5.250 35 01/05/2004 10755 Bank of Little Chute 08/07/2002 • 99,000.00 99,689.04 99,000.00 2.800 2.800 249 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 144 04/23/2004 10854 Bitleroot Valley Bank - 06/25/2003 99,000.00 99,000.00 99,000.00 '2.150 2.150 572 06/25/2005 10889 Capital Bank & Trust Co. 09/11/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 ' 651 09/12/2005 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 221 07/09/2004 10748 Capital One FSB 07/09/2002 . 100,000.00 100,000,00 100,000.00 4.040 4.040 221 07/09/2004 10900 Carolina Trust Bank 10/01/2003. 99,000.00 99,000.00 - 99,000.00 2.500 2.500 670 10/01/2005 10716 Colony Bank of Asburn 05/14/2002 99,000.00' 99,000.00 99,000..00 4.000. 4.000 164 05/13/2004 10901 Corn Belt B & T Co 10/07/2003 98,000.00 98,000.00 98 000.00 2.710 2.710 676 10/07/2005 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 151 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 . 96,147.60 95,000.00 4.100 4.100 189 06/07/2004 177707AC0 10702 City Bank - 05/15/2002 95,000.00 99,663.55 95,000.00 4.900 4.900 1,261 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 . 99,000.00 2.150 2.150 357 11/22/2004 10905 Citizens Natl. Bank of Quitman 10/06/2003 - 99,000.00 99,000.00 99,000.00 2.500 2.500 675 10/06/2005 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99 000.00 5.250 5.250 32 01/02/2004 25467BB98 -10720 Discover Bank 06/12/2002 95,000.00 95,962.35 95,000.00 3.650 3.650 196 06/14/2004 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 28 12/29/2003 10802 E-Trade Bank . ' 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.960 361 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 ' 99,000.00 4.050 4.050 140 .04/19/2004 10800 Frirst Community Bank 11/01/2002 ' ' 99,000.00 99,000.00 99,000.00 3.250 3.250 336 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 - 99,000.00 ' 99,000.00 2.850 2.850 445 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 221 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 ' 104,522.22 99,000.00 5.150 5.150 1,030 09/26/2006 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 - . ' 99,000.00 2.150 2.150 602 07/25/2005 Run Date: 02/27/2004 - 18:00 Portfolio CNC CC PM (PRF_PM2) SywRepl V5.021 City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Page 3 Average Purchase Stated YTM/C Days to maturity CUSIP Investment N Issuer Balance .Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10699 FNB of Elk River 04/29/2002 - 99,000.00 99,000.00 ' - 99,000.00 - 4.050 4.050 150 04/29/2004 10753 First National Bank Northeast 07/29/2002 99000.00 99,000.00. 99,000.00 3.840 3.840 241 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,541.00 95,000.00 4.850 4.850 1,261 05/15/2007 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 645 09/06/2005 10829 First State Bank of Conway 03/24/2003 99 000.00 99,000.00 - 99,000.00 2.550 2.550 479. 03/24/2005 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 225 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 213 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 : - 99,000.00 99,000.00 99,000.00 4.000. 4.000 206 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00. 5.100 5.100 28 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 235 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 - 90,000.00 - 99,000.00 99,000.00 4.050 4.050 50 01/20/2004 10880 Home Bank of Arkansas 08/13/2003. 99,000.00 99,000.00 99,000.00 ' 2.450 2.450 623 08/15/2005 10908 Horizon Bank • 10/31/2003 99,000.00 99,000.00 99,000.00 2.600 2.600 700 10/31/2005 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 09,000.00 4,200 4.200 145 04/24/2004 10885 IndyMac Bank FSB - 07/0/3/2003 99,000.00 99,000.00 99,000.00 2.120 2.120 . 585 Q7/08/2005 10846 International Bank of Chicago 05/14/2003 - 99,000.00 - 99,000.00 99,000.00 2.550 2.550 532 05/16/2005 10904 Lake Country State Bank 10/02/2003 • 99,000.00 99,000.00 99,000.00 2.550 2.550 672 10/03/2005 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 - 99,000.00 99,000.00 5.500 5.500 224 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000:00 99,000.00 99,000.00 5.250 5.250 11 12/12/2003 10810 Lone Star National Bank. 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 438 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 - 455 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 - 99,000.00 99,006.00 99,000.00 4.110 ' 4.110 115 03/25/2004 10851 MBNA America 06/05/2003. 99,000.00 99,000.00 99,000.00 2.430 2.430 552 06/05/2005 10736 Mercantile T&SB - 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 281 09/07/2004 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.10Q 4.100 161 05/10/2004 10864 Mutual Bank 07/03/2003 99,000.00 99 000.00 99,000.00 2.000 2.000 582 07/05/2005 63336QAB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,660.25 95,000.00 2.800 2.800 252 08/09/2004 10859 NCB Savings Bank FSB . 07/17/2003. 99,000.00 99,000.00 99,000.00 2.100 2.100 595 07/18/2005 10837 Northeast Bank FSB ' 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 511 04/25/2005 '10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 159 05/08/2004 654062AMO 10564 Nicole( National Bank 06/01/2001 99,000.00 99,029.70 99,000.00 5.100 5.100 0 12/01/2003 10906 Oceanside Bank 10/20/2003 . 99,000.00 '99,000.00 99,000.00 2.500 2.500 689 10/20/2005 10907 Ocwen Federal Bank FSB - 10/27/2003 99,000.00 - - 99,000.00 99,000.00 2.730 2.730 693 10/24/2005 10828 Omni National Bank - 03/21/2003. 99,000.00 99,000.00 99,000.00 2.350 2.350 416 01/20/2005 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.226 553 06/06/2005 10861 Pan American Bank 07/28/2003 99,000 00 99,000.00 99,000.00 2.100 2.100 605 07/28/2005 Rugpate: 02/27/2004 - 18:00 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02( City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10599 Park Avenue Bank NA, The 07/11/2001 99,000,00 ' 99,000.00 99,000.00 5.400 5.400 224 07/12/2004 10916 Parke Bank 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 658 09/19/2005 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99 000.00 2.300 2.300 521 05/05/2005 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 270 08/27/2004 74407ML60 10598 Plains Capital Bank . 07/11/2001 95,000.00 96,816.40 95,000.00 5.200 5.200 - 224 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 298 09/24/2004 10917 Premier Bank of Wilmette 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 725 11/25/2005 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 143 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 - - 5.480 221 07/09/2004 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99 000.00 3.450 3.450 287 09/13/2004 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 21 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 227 07/15/2004 10843 Southern New Hampshire B&T Co. 05/08/2003 69,000.00 - 99,000.00 99,000.00 2.000 2.000 159 05/08/2004 10878 Southern National Bank -Texas 08/29/2003 99,000.00 99,000.00 - 99,000.00 2.750 2.750 633 08/25/2005 10682 Slate Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 98 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 323 10/19/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 55 01/25/2004 10811 Stockmans Bank 02./13/2003 99,000.00 99,000.00 - 99,000.00 2.800 2.800 440 02/13/2005 10890 Texas State Bank 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 2.620 634 08/26/2005 10914 Total Bank. 11/26/2003 99,000.00 99,000.00 99,000.00 2.450 2.450 640 09/01/2005 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 228 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99.000.00 99,000.00 3.050 3.050 424 01/28/2005 10918 Trinity Bank 11/25/2003 99,000.00 99 000.00 99,000.00 2.650 2.650 725 11/25/2005 10853 . Union Credit Bank 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 567 06/20/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 230 07/18/2004 10601 Union Bank • 07/16/2001 99 000.00 99,000.00 - 99,000.00 5.200 5.200 228 07/16/2004 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 607 07/30/2005 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 - 99,000.00 99,000.00 5.150 - 5.150 50 01/20/2004 10578 World's Foremost Bank 06/29/2001 - 100,000.00 100,000.00 100,000.00 5.300 5.300 211 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 - 2.920 426 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 497 .04/11/2005 10574 York Slate Bank & Trust 06/27/2001 99,000.00 • 99,000.00 99,000.00 5.100 5.171 28 12/29/2003 Subtotal and Average 10,189,500.00 10,272,000.00 - - 10,292,692.44 10,272,000.00 3.567 370 Run Dale: 02/27/2004 - 18:00 Portfolio CNC CC PM (PRF_PM2) SymRepl V5 021 Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 99,688.00 99,250.00 2.250 2.410 1,592 04/10/2008 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,281.00 100,000.00 3.000 3.000 1,626 05/14/2008 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 - 100,000.00 100,000.00 100,000.00 2.700 2.700 1,640 05/28/2008 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 100,329.00 100,000.00 3.000 3.000 1,633 05/21/2008 31339XT07C 10849 Federal Home Loan Bank 06/30/2003 - 100,000.00 - 100,000.00 100,000.00 2.000 2.000 1,673 06/30/2008 31339Y6G2C 10856 Federal Horne Loan Bank 07/17/2003 100,000.00 98,188.00 99,937.50 2.000 2.013 1,690 07/17/2008 31339YFN7C - 10857 Federal Home Loan Bank 07/24/2003 100,000.00 98,375.00 99,750.00 2.000 2.053. 1,697 07/24/2008 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 99,469.00 100,000.00 2.500 2.500 1,703 07/30/2008 City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Certificates of Deposit - Maturity Par Value Page 5 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date 066320ZF2 10234 Bankers Trust - 05/20/1999 95,000.00 Subtotal and Average - 95,000.00 95,000.00 95,000.00 Negotiable/Transferable CDs 95,000.00 95,000.00 6.000 6.083 171 05/20/2004 95,000.00 6.083 171 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 - 74,790.18 6.760 15.799 438 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 - 95,000.00 - 95,476.90 95,000.00 5.300 5.300 57 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 409 01/13/2005 20348PAF0 10727 Community Bank of Boone 06/28/2002 97,000.00 97,943.81 97,000.00 3.600 3.599 193 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,493.05 95,000.00 5.350 5.350 58 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,721.71 - 99,000,00 3.500 3.500 154 05/03/2004 258115AV6 - 10041 Doral FSB 12/10/1998 99,000.00 99,070.29 98,384.22 5.350 5.493 9 12/10/2003 30241HXE3 10159 - FCC National Bank 03/10/1999 95,000.00 96,191.30 95,000.00 5.700 5.700. 100 03/10/2004 356611 FU2060 10188 Fremont Investment & Loan 04/07/1999 97,000.00 98,432.69 97,000.00 5.600 5.600 128 04/07/2004 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00.. 100,000.00 100,000.00 5.600 5.600 107 03/17/2004 10262 - Great South Texas Bank 09/15/1999 ' 100,000.00 100,000.00 75,811.23 6.550 15.190 240 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000.00_. 98,397.77 97,000.00 5.500. 5.500 128 04/07/2004 10870 Investors Community Bank 07/29/2003 99,006.00 98,044.65 98,212.95 1.550 2.000 532 05/16/2005 458657EV1 10688 Intercredit Bank 04/30/2002 , - 95,060.00 99,674.00 • 95,000.00 4.900 4.900 1,246 04/30/2007 531554AG8 _10166 Libertyville Bank & Trust 04/06/1999 ' 05,000.00 - 96,006.05 95,000.00 5.550 5.550 116 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 96,006.05 95,000.00 5.550 5.550 116 03/26/2004 10329 Bank of Mount Vernon - 02/26/1999 100,000.00 100,000.00 69,971.36 5.600 14:552 653 09/14/2005 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 98,015.59 97,000.00 5.400 5.400 93 03/03/2004 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 61 01/31/2004 90331V9X2 10353 - U S Bank NA 02/04/2000 100,000.00 - 100,000.00 74,008.71 7.020 16.505 430 02/03/2005 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.06 . 100,000.00 76,570.64 6.150 14.182 87 02/26/2004 Subtotal and Average 1,889,377.32 2,055,000.00 . . 2,068,473.86 1,879,477.32 ' 7.787 246 RercPale: 02/27/2004 - 18:00 C11 Portfolio CNC CC PM (PRF_PM2) SymRepi V5.021 City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Page 6 Average Purchase - Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value. Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 31339XQN7 10863 Federal Horne Loan Bank 31339XON7 10867 Federal Home Loan Bank 31339Y6G2 10868 Federal Home Loan Bank 31339YYD8C 10872 Federal Home Loan Bank 31339YVS8C 10873 Federal Home Loan Bank 3133X0AE9C 10874 Federal Home Loan Bank 3133XODE6 10875 Federal Home Loan Bank 3133XOHE2C 10876 Federal Home Loan Bank 3133X0AE9 10879. Federal Home Loan Bank 31339YYD8 10882 Federal Home Loan Bank 3133X07B9 10883 .Federal Home Loan Bank 3133X0DW6 10884 Federal Home Loan Bank 3133X0MX4C 10885 Federal Home Loan Bank 3133X0VA4C 10886 Federal Home Loan Bank 3133X0S75 10887 - Federal Home Loan Bank 3133X0L64 10891 Federal Home Loan Bank 3133X0WH8 10892 Federal Home Loan Bank 3133X14R5C 10893 Federal Home Loan Bank 3133MX17M3C 10894 Federal Home Loan Bank 3133X1CG0 10895 Federal Home Loan Bank 3133X1CZ8C 10896 Federal Home Loan Bank 3133X1HA8C 10897 Federal Home Loan Bank 3133X1LS4C 10898 Federal Home Loan Bank 3133X1L39C 10899 Federal Home Loan Bank 3133X1GA9 10903 Federal Home Loan Bank 3133X1HA86 10909 Federal Home Loan Bank 3133X1PY7C 10910 Federal Home Loan Bank 3133X1U54C 10911 Federal Home Loan Bank 31332AP0C 10912 Federal Home Loan Bank '3133X24X0C 10913 Federal Home'Loan Bank 3133X2AC9 10915 Federal Home Loan Bank 3133X1 UZ6, 10919 Federal Home Loan Bank 3133X23C7 10920 Federal Home Loan Bank Subtotal and Average 3,670,483.33 Run Dale: 02/27/2004 - 18:00 07/02/2003 100,000.00 97,797.00 100,000.00 2.000 2.000 1,675 07/02/2008 07/02/2003 100,000,00 100,000.00 100,000.00 2.000 2.000 1,675 07/02/2008 07/17/2003 100000.00 100,000.00 100,000.00 2.000 2.000 1,690 07/17/2008 08/13/2003 100,000.00 _ 99,469.00_ 100,000.00. 3.000 3.000 1,717 08/13/2008 08/14/2003 100,000.00 - 98,688.00 100,000.00 2.500 2.500 1,718 08/14/2008 08/20/2003 100,000.00 99,844.00. 99,937.50- 2.500. 2.513 1,724 08/20/2008 08/26/2003 100,000.00 99,594.00 100,000.00 3.000 3.000 1,730 08/26/2008 08/27/2003 , 100,000.00 100,375.00 99,687.50 3.250 3.318 1,731 08/27/2008 08/20/2003 100,000.00 99,860.00 100,000.00 2.500 2.500 1,724 08/20/2008 08/13/2003 100,000,00 100,000.00 100,000.00 3.000 3.000 1,717 08/13/2008 08/20/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,724 08/20/2008 08/27/2003 100,000.00 100,000.00 100,000.00 3.250 3.250 1,731 08/27/2008 09/05/2003 - 100,000.00 100,000.00 - 100,009.00 3.250 3.250 1,740 09/05/2008 09/19/2003 100,000.00 - 100,219.00. 99,875.00 3.000 3.027 1,754 09/19/2008 09/12/2003 100,000.00 100,594.00 100,000.00 3.500 3.500 1,747 09/12/2008 09/04/2003 100,000.00 100,000.00 - 100 000.00. 3.500 3.500 1,739 09/04/2008 09/19/2003 100,000.00 100,531.00 • 100,000.00 3.500 3.500 1,754 09/19/2008 10/02/2003 100,000.00 98,719.00 99,750.00 3.500. 3.555 1,767 10/02/2008 10/09/2003 100,000.00 - 100,406.00 100,000.00 3.250 3.250 1,774 10/09/2008 10/15/2003 100,000.00 100 344.00 99,900.00 3.000 3.022 1,780 10/15/2008 10/15/2003 100,000.00 100,094.00 99,937.50 3.000 3.014 1,780 10/15/2008 10/23/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,788 10/23/2008 10/30/2003 100,000.00 99,625.00 99,900.00 3.000 3.022 1,795 10/30/2008 -10/30/2003 100,000.00 99,313.00 99,375.00 2.750 2.885 1,795 10/30/2008 10/21/2003 100,000.00 _ 100,266.00 100,000.00 3.250 3.250 1,786 10/21/2008 10/23/2003 100,000.00 100,000.00 ' 100,000.00 3.000 3.000 1,788 10/23/2008 11/04/2003 100,000.00 96,844.00 100,000.00 3.000 3.000 1,800 11/04/2008 11/14/2003 100,000.00 99,906.00 99,812.50 3.000 3.041 1,810 11/14/2008 11/24/2003 . 100,000.00 100,375.00 100,000.00 3.500 . 3.500 1,820 11/24/2008 11/28/2003 100,000.00 99,914.60 99,562.50 3.000 - 3.095 1,824 11/28/2008 11/26/2003 100,000.00 100,298.00 100,000.00 3.125 3.125 1,822 11/26/2008 11/13/2003 100,000.00 100,344.00 100,000.00 3.500 3.500 1,809 11/13/2008 11/26/2003 100,000.00 100,031.00 100,000.00 3.250 3.250 1,822 11/26/2008 4,100,000.00 4,089,780.60 4,096,675.00 2.904 1,739 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments November 30, 2003 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Page 7 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 365 Maturity Date Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998. 0.00 0.00 0.00 6.000 6.000 0 01/15/2013 31364TKP5060 10103 Federal Natl. Mortgage Assoc.' 02/18/1998 • 0.00 - 0.00 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Modgage Assoc. 12/01/1998 13,066.08 - 13,066.08 13,617.47 8.500 7.711 2,769 07/01/2011 Subtotal and Average 13,810.62 - 13,066,08 13,066.08 13,617.47 7.711 2,769 Total Investments and Average Ru)ale: 02/27/2004 - 18:00 15,858,171.28 16,535,066.08 16,559,012.98 16,356,769.79 3.904 699 Portfolio CNC CC PM (PRF_PM2) SyrnRept V5.02f SymPro City of National City Activity Report Sorted By Brokers November 1, 2003 -November 30, 2003 Par Value City of National City Par Value Percent Beginnings'. Current Transaction - Purchases Sales/Calls/Maturities Ending CUSIP - Investment # Issuer of Portfolio Balance - Rate - Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 966,000.00 — 966,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 - - _ 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 1,664,000.00 1,664,000.00 Federal Agency Securities 3133X1UZ8 3133X23C7 10919 Federal Home Loan Bank 10920 Federal Horne Loan Bank Subtotal and Balance 3.500 11/13/2003 3.250 11/26/2003 100,000.00 0.00 100,000.00 0.00 800,000.00 - 200,000.00 0.00. 1,000,000.00 Pass Through Securities 31376PGY5 10128 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 22.607% 13,297.75 3,538,297.75 8.500 11/25/2003.. 0.00 231.67 0.00 231.67 13,066.08 200,000.00 231.67 3,738,066.08 Brokers: Gilford Securities Inc Federal Agency Securities 3133X1PY7C 10910 Federal Home Loan Bank 3.000 11/04/2003 100 000.00 0.00 3133X1U54C 10911 Federal Home Loan Bank 3.000 11/14/2003 100,000.00 0.00 31332AP0C 10912 Federal Home Loan Bank 3.500 11/24/2003 100,000.00 0.00 3133X24X0C 10913 Federal Home Loan Bank 3.000 11/28/2003 100,000.00 0.00 Subtotal and Balance 2,100,000.00. 400,000.00 Brokers Subtotal 15.119% 2,100,000.00 Ron Dale: 02/27/2004 - 1 B:02 400,000.00 0.00. 2,500,000.00 0.00 2,500,000.00 Portfolio CNC CC DA (PRF_DA) SymRepl V5.02f GUSIP City of National City Activity Report November 1, 2003 - November 30, 2003 Par Value Par Value Percent Beginning Current -Transaction Purchases - Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date - or Deposits or Withdrawals Balance Page 2 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10762 10914 Total Bank Total Bank Subtotal and Balance 3.150 11/26/2003 2.450 11/26/2003 0.00 99,000.00 99,000.00 0.00 2,274,000.00. _ - 99,000.00 99,000.00 2,274,000.00 Negotiable/Transferable CDs 685621CW2060 10034 Orchard Federal Savings Bank Subtotal and Balance 490,000.00 5.750 11/04/2003 0.00 99,000.00 0.00 - 99,000.00 391,000.00 Pass Through Securities Subtotal and Balance 0.00 0.00 Brokers Subtotal 16.117% 2,764,000.00 99,000.00 198,000.00 2,665,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133X2AC9 10915 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 3.629% 500,000.00 500,000.00 3.125 11/26/2003 100,000.00 0.00 100,000.00 100,000.00 0.00 600,000.00 0.00 600,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10523 Key Bank USA 5.250 11/21/2003 0.00 99,000.00 10525 Peoples State Bank of Truman - - 5.300 11/25/2003 0.00 - 99,000.00 10916 Parke Bank 2.500 11/20/2003 99,000.00 0.00 10917 Premier Bank of Wilmette 2.550 11/25/2003 99,000.00 0.00 10918 .Trinity Bank 2.650 11/25/2003 - 99,000.00 0.00 Subtotal and Balance 6,933,000.00 297,000.00 Brokers Subtotal 42.528% 6,933,000.00 297,000.00 198,000.00 7,032,000.00 198,000.00 - 7,032,000.00 Total 100.000% 15,835,297.75 Fitio Date: 02/27/2004 - 18:02 CO 1,096,000.00 396,231.67 16,535,066.08 Portfolio CNC Cc UA (PRF_DA) SymRept V5.021 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS November 30, 2003 FUND FUND TITLE ENDING CASH BALANCES 001 GENERAL FUND 4,002,019.47 103 GENERAL CAPITAL OUTLAY FUND 909,917.62 108 LIBRARY CAPITAL OUTLAY 317,847.60 109 GAS TAXES FUND 1,070,535.89 110 EMERGENCY PREPAREDNESS FUND 48,000.00 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 128,153.81 120 PLAN CHECKING REVOLVING FUND 78,485.52 123 GRANT -FAMILIES FOR LITERACY 475.52 125 SEWER SERVICE FUND 6,832,227.92 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 235,414.71 131 ASSET FORFEITURE FUND 509,250.13 136 TINY TOT CLASSES FUND 10,265.94 145 JUVENILE EDUCATION FUND 3,001.51 154 ' . STATE PUBLIC LIBRARY FUND 96,692.25 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 34,652.48 159 GENERAL PLAN UPDATE RESERVE 332,207.58 171 .LIBRARY SCHOOL DISTRICT CNTRCT 48,787.06 172 TRASH RATE STABILIZATION FUND 386,809.83 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 12,552.85 179 NPT BUS DONATIONS FUND 614.65 189 .CIVIC CENTER REFURBISHING 3,319,705.77 190 30TH STREET CLEANUP FUND.- 1303 256,647.43 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 653,058.10 197 PRODUCTIVITY IMPROVEMENT RESER 75,000.00 198 PROPERTY EVIDENCE SEIZURE 12,736.95 200 30TH STREET CLEANUP FUND - 1304 615,320.06 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 26,246.44 211 SECURITY AND ALARM REGULATION FUND 106,674.64 212 PERSONNEL COMPENSATION FUND 240,782.91 220 LOCAL LAW ENF. BLOCK GRANT FY2000.2001 17,052.63 . 229 CLEEP GRANT 4,532.09 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 11,578.84 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 3,006.04. 242 N. CITY LIBRARY MATCHING FUND 5,451,765.07 249 PARADISE CREEK ENHANCEMENT PLAN 710,000.00 250 NEW FIRE STATION CONSTRUCTION 6,676,783.96 251 CLLS AMERICORPS LSTA GRANT I 35,705.01 253 RECREATIONAL ACTIVITIES FUND 2,190.82 P20 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS November 30, 2003 FUND FUND TITLE ENDING CASH BALANCES 270 NUISANCE ABATEMENT FUND 1,272.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 705,571.40 304 PARK DEVELOPMENT FUND 171,097.11 307 PROPOSITION A" FUND 2,854,382.67 308 GRANT -HIGHWAY BRIDGE REHAB 530,631.97 312 STP LOCAL/TRANSNET HIGHWAY 309,745.28 316 CALIFORNIA ENERGY COMM GRANT 4.40 343 STATE -LOCAL PARTNERSHIP 99,654.76 345 TRAFFIC CONGESTION RELIEF 301,984.97 363 SECURITY & FIRE ALARM. REGULATION FUND 35,972.50 552 TDA 279,418.61 627 LIABILITY INS. FUND 4,447,799.05 629 INFORMATION SYSTEMS MAINTENANC 110,023.15 630 OFFICE EQUIPMENT DEPRECIATION 1,963,522.49 631 TELECOMMUNICATIONS REVOLVING 317,045.58 6.33 .UNEMPLOYMENT INSURANCE RESERVE 136,800.08 644 EQUIPMENT REPLACEMENT RESERVE 520,000.00 718 TRUST & AGENCY 21,412.39 721 LIBRARY TRUST FUND 46,819.32 725 Planning 4,095.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 107,296.02 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 Totals UNPOSTED ITEMS (.01% variance immaterial) 2,533.76 TOTAL ALL FUNDS 47,322,428.39 P21 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING NOVEMBER NOVEMBER FUND # FUND TITLE REVENUE 001 GENERAL FUND 2,104,410.47 103 GENERAL CAPITAL OUTLAY FUND 0.00 104 LIBRARY FUND 26,503.26 105 PARKS MAINTENANCE FUND 30,883.04 108 LIBRARY CAPITAL OUTLAY 13,293.51 109 GAS TAXES FUND 0.00 111 P.O.S.T. FUND 0.00 115 PARK & REC CAPITAL OUTLAY FUND 225.00 120 PLAN CHECKING REVOLVING FUND 7,588.06 123 GRANT -FAMILIES FOR LITERACY 0.00 125 SEWER SERVICE FUND 412,260.92 130 EMT-D REVOLVING FUND 0.00 131 ASSET FORFEITURE FUND 0.00 135 SD COUNTY REG AUTO THEFT TASK 0.00 136 . TINY TOT CLASSES FUND 0.00 154 STATE PUBLIC LIBRARY FUND 0.00 158 SWIMMING POOL REVOLVING FUND 0.00 171 LIBRARY SCHOOL DISTRICT CNTRCT 277.81 172 TRASH RATE STABILIZATION FUND 0.00 173 NATIONAL SCHOOL DIST CONTRACT 0.00 176 POLICE REIMBURSED OVERTIME 0.00 188 GRANT - HIDTA 0.00 190 30TH STREET CLEANUP FUND - 1303 335.77 191 STOP PROJECT 0.00 200 30TH STREET CLEANUP FUND - 1304 805.01 201 NCJPFA DEBT SERVICE FUND 0.09 208 SUPP.LAW ENFORCEMENT SVCS FUND ( 0.00 211 SECURITY AND ALARM REGULATION FU 4,871.69 216 FULFILL GRANT 0.00 220 LOCAL LAW ENF. BLOCK GRANT FY2000 0.00 222 WOW MOBILE GRANT FY 2000-2001 0.00 225 ENGLISH LANGUAGE LITERACY INCENT 0.00 227 CLLS MATCHING FUNDS 0.00 229 CLEEP GRANT 0.00 231 HOUSING PILOT PROGRAM 0.00 233 LOCAL LAW ENF. BLOCK GRANT FY2001 0.00 235 COPS IN SCHOOLS 0.00 236 FIRST PEOPLES GRANT 0.00 237 LEARN @ NCPL 0.00 238 VIDEOCONF.COMM. OF PRACTICE GRAN 0.00 239 LOCAL LAW ENF BLOCK GRANT FY2002 0.00 240 LITERACY INTIATIVES XI 0.00 242 N. CITY LIBRARY MATCHING FUND 0.00 248 LITERACY INITIATIVES XII 0.00 250 NEW FIRE STATION CONSTRUCTION 11,775.60 251 CLLS AMERICORPS LSTA GRANT I 0.00 253 RECREATIONAL ACTIVITIES FUND 1,360.41 270 NUISANCE ABATEMENT FUND 135.00 302 CDC PAYMENTS 36,174.93 307 PROPOSITION A" FUND 93,306.00 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 312 STP LOCAL/TRANSNET HIGHWAY 0.00 316 CALIFORNIA ENERGY COMM GRANT 0.00 343 STATE -LOCAL PARTNERSHIP 0.00 552 TDA 119,768.00 626 FACILITIES MAINT FUND 0.00 627 LIABILITY INS. FUND 83,027.53 629 INFORMATION SYSTEMS MAINTENANC 656.86 631 TELECOMMUNICATIONS REVOLVING 30.00 721 LIBRARY TRUST FUND 0.00 TOTALS 2,947,688.96 P22 YTD REVENUE 8,397,211.65 2,722.19 49,025.48 57,127.16 38,202.85 273,606.30 81.86 26,901.00 48,485.52 475.52 690,133.38 5,895.00 22,189.29 21,519.75 1,180.00 110,685.35 31,212.50 42,828.38 18,965.74 9,998.00 9,942.61 29,694.83 1,722.84 20, 349.00 4,131.81 372, 588.82 27,788.62 19,076.16 24, 376.51 17, 052.63 31, 777.77 327.17 10, 000.00 26,353.69 26,256.00 15, 918.96 51,851.46 30,887.52 42,226.95 12,184.91 24,231.04 28,797.83 74.03 171,122.00 6,883,443.00 44,550.00 3,582.41 1,483.38 143,758.79 390,709.48 431,175.67 -2,513.95 8,320.00 -802.58 744,567.47 217.58 385,315.37 656.86 30,030.00 79.87 19,911,753.43 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING NOVEMBE FUND NO. FUND TITLE NOVEMBER YTD.NOVEMBE 001 GENERAL FUND 1,518,256.28 7,683,120.80 104 LIBRARY FUND 72,652.89 351,759.68 105 PARKS MAINTENANCE FUND 50,936.26 250,594.84 109 GAS TAXES FUND 3,499.13 345,112.11 110 EMERGENCY PREPAREDNESS FUND 1,062..50 1,062.50 111 P.O.S.T. FUND 4,370.46 7,216.22 125 SEWER SERVICE FUND 1,204,823.51 2,582,055.76 130 EMT-D REVOLVING FUND 188.57 10,240.35 131 ASSET FORFEITURE FUND 4,184.23 8,106.27 135 SD COUNTY REG AUTO THEFT TASK 6,280.08 31,460.60 136 TINY TOT CLASSES FUND 0.00 571.99 147 GRANT -JUDGE PROGRAM 6,210.54 31,082.86 154 STATE PUBLIC LIBRARY FUND 1,552.58 13,006.00 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,053.18 4,279.54 172 TRASH RATE STABILIZATION FUND 5,922.60 33,196.70 173 NATIONAL SCHOOL DIST CONTRACT 3,668.15 17,765.25 174 SWEETWATER SCHOOL DIST CONTRAC 6,346.67 33,354.51 188 GRANT - HIDTA 11,409.26 44,626.34 189 CIVIC CENTER REFURBISHING 2,420.79 15,303.34 191 STOP PROJECT 8,421.47 38,887.20 192 LEASE ESCROW FUND 0.00 30,000.00 196 CAPITAL PROJECT RESERVE 0.00 16,862.09 198 PROPERTY EVIDENCE SEIZURE 0.00 861.99 200 30TH STREET CLEANUP FUND - 1304 0.00 312.00 201 NCJPFA DEBT SERVICE FUND 0.03 372,522.34 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 0.00 1,542.18 211 SECURITY AND ALARM REGULATION FUND 3,184.40 15,072.29 212 PERSONNEL COMPENSATION FUND 3,601.13 255,691.18 216 FULFILL GRANT 0.00 29,326.51 222 WOW MOBILE GRANT FY 2000-2001 6,086.29 44,699.23 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 5,403.26 7,238.35 227 CLLS MATCHING FUNDS 0.00 132.55 229 CLEEP GRANT 0.00 21,821.60 230 ABANDONED VEHICLE ABATEMENT GRANT 6,773.17 39,757.54 231 HOUSING PILOT PROGRAM 4,647.60 28,862.39 236 FIRST PEOPLES GRANT 0.00 40,768.89 237 LEARN @ NCPL 2,924.60 57,465.63 238 VIDEOCONF.COMM. OF PRACTICE GRANT 0.00 18,625.30 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 0.00 21,225.00 240 LITERACY INTIATIVES XI • 0.00 64,543.19 241 NATIONAL CITY LIBRARY STATE GRANT 0.00 147,583.07 242 N. CITY LIBRARY MATCHING FUND 0.00 274,099.19 246 WINGS GRANT 51,,207.43 128,627.98 247 LITERACY SERVICES I 1,643.97 181.62 248 LITERACY INITIATIVES XII 39,705.50 208,861.42 250 NEW FIRE STATION CONSTRUCTION 107,110.04 206,659.04 251 CLLS AMERICORPS LSTA GRANT I 2,897.92 8,844.99 252 AMERICORPS/CNCS GRANT 4,907.96 7,161.34 253 RECREATIONAL ACTIVITIES FUND 1,391.59 1,391.59 301 GRANT-C.D.B.G. 72,448.79 245,296.99 302 CDC PAYMENTS 42,028.15 196,534.56 307 PROPOSITION A" FUND 10,158.87 686,935.36 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 8,939.84 312 STP LOCAL/TRANSNET HIGHWAY 598.38 7,505.62 313 GRANT-CMAQ 38,284.03 96,360.33 343 STATE -LOCAL PARTNERSHIP 0.00 1,240.68 345 TRAFFIC CONGESTION RELIEF 0.00 191,659.14 552 TDA 91,416.89 746,118.63 626 FACILITIES MAINT FUND 115,439.74 507,405.14 627 LIABILITY INS. FUND 275,642.33 806,113.69 628 GENERAL SERVICES FUND 14,380.80 68,722.86 P23 City of National City Pooled Investment Transactions Report For the Month of November 2003 Date Description Institution ` Ref. No. Amount Beginning Balance 25,637,879.41 11/05/03 Withdrawal LAIF 992382 (600,000.00) 11/13/03 Deposit .LAIF 134957 500,000.00 11/20/03 Withdrawal LAIF 415765 (800,000.00) 11/25/03 Deposit LAIF 843077 1,000,.000.00 11/26/03 Withdrawal LAIF 449203 (1,500,000.00) Ending Balance 24,237,879.41 Page 1 P25 MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT 10 AGENDA ITEM NO. ITEM TITLE Consolidated Cash and Investment Report as of December 31, 2003 PREPARED BY Alison Hunter X 4332 DEPARTMENT Finance - Marylou Matienzo X 4331 EXPLANATION For the City Council's information and in compliance with the City's Investment Policy, the Consolidated Cash and Investment Report as of December 31, 2003 is hereby submitted. This report reflects the components of the Investment Program for the period then ended. The Investment Portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not Applicable ARK, ITa ie Finance Director.' Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COM Concur: ISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) CASH ACCOUNT SUMMARY 2. INVESTMENT BY BROKERS 3. PORTFOLIO MANAGEMENT 4. ACTIVITY REPORT Resolution No. 5. CONSOLIDATED CASH REPORT 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT A-200 (9/99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Dec-03 BALANCE REVOLVING CASH $ 3,5.99.33 RETURNED CHECKS 11,220.60 BANK OF AMERICA #80200 814,099.65 OUTSTANDING WARRANTS (603,041.01) PAYROLL OUTSTANDING WARRANTS (127,696.91) CASH HELD BY BROKERS 297,442.97 INVESTMENTS 15,563,954.82 MONEY MARKET 6,795,5.03.15 LAIF 26,637,879.41 TOTAL $ 49,392,962.01 INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2003-04 2002-03 2001-02 2000-01 1999-00 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 YEAR-TO-DATE TOTAL YEAR 272,340.89 335,878.33 525,221.82 ; $ 711,305.35 411,178.47 421,395.37 449,145.67 333,643.13 348, 548.01 547, 333.85 366,173.42 211,571.79 224,838.72 374, 668.73 347,526.85 412,410.53 324,446.89 366, 592.53 734,269.27 1,129,989.77 1,500,216.86 2, 642, 502.96 1,841,539.16 1,702,889.57 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 1,3.11,930.94 979,435.87 1, 048, 978.23 1,321,688.93 Dec_03 Combined Cash Reconciliation Worksheets P1 mPro Investment # Issuer Certificates of Deposit - Monthly 065284AH4 143876AX8 177707ACO 254678898 340558CE3 32112FAD6 63336OAB1 74407ML60 10757 10801 10755 10643 10702 10720 10629 10701 10756 10598 Bank of Tennessee Global Credit Union Bank of Lillie Chute Carolina Firtst Bank City Bank Discover Bank Florida Bank, NA FNB of Rockies National Bank of Commerce Plains Capital Bank City of National City. Investments by Brokers Investments Purchased From Finance 500 Inc December 31, 2003 Purchase Date Book Value - Par Value 08/09/2002 11/04/2002 08/07/2002 12/07/2001 05/15/2002 06/12/2002 09/26/2001 05/15/2002 08/08/2002 07/11/2001 Subtotal and Average 99,000.00 99,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 99,000:00 99,000.00 95,000.00 95,000.00 95,000.00 99,000.00 95,000.00 95,000.00 95,000.00 City of National City Current YTM YTM Maturity Days To Market Value - Rate 360 365 Date Maturity 99,533.61 99,000.00 99,556.38 95,893.95 99,601.80 95,753.35 104,201.46 99,483.05 95,536.75 96,509.55 966,000.00 966,000.00 985,069.90 2.750 2.712 2.750 08/09/2004 221 3.250. 3.205 3.250 11/04/2004 308 2.800 2.761 2.800 08/06/2004 218 4.100 4.043 4.100 06/07/2004 158 4.900 4.832 4.900 05/15/2007 1,230 3.650 3.600 3.650 06/14/2004 165 5.150 5.079 5.150 09/26/2006 - 999 4.850 4.783 4.850 05/15/2007 1.230 2.800 2.761 2.800 08/09/2004 221 5.200 5.128 5.200 07/12/2004 193 3.883 3.937 493 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 • 94,458.50 6.000 6.000 6,083 05/20/2004 140 95,000.00 95,000.00 94,458.50 6.000 6,083 140 Negotiable/Transferable CDs 0279999X1 06035ADT7 0649999X5 20348PAF0 203584AD9 206073AKA 30241HXE3 458657EV1 531554AG8 509685AC7 , 8649999X9 90331V9X2 Run Date: 03/05/2004 - 10:51 10358 10072 10346 10727 10071 10726 10159 10262 10870 10688 10166 10165 10329 10347 10353 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Community Bank of Boone Community Bank of Ravenswood Concord Bank FCC National Bank Great South Texas Bank. Investors Community Bank Intercredit Bank Libertyville Bank & Trust Lake Forest Bank & Trust Bank of Mount Vernon Success National Bank U S Bank NA 02/18/2000 01/27/1999 01/25/2000 06/28/2002 01/28/1999 06/28/2002 03/10/1999 09/15/1999. 07/29/2003 04/30/2002 04/06/1999 04/06/1999 02/26/1999 01/31/2000 02/04/2000 74,790.18 95,000.00 74,790.18 97,000.00 95,000.00 99,000.00 95,000.00 75,811.23 98,212.95 95,000.00 95,000.00 95,000.00 69,971.36 79,937.85 74,008.71 100,000.00 95,000.00 100,000.00 97,000.00 95,000.00 99,000.00 95,000.00 100,000.00 99,000.00 95,000.00 95,000.00 95,000.00 100,000.00 100,000.00 100,000.00 100,000 00 95,533.90 100,000.00 97,733.32 95,181.45 99,535.59 95,570.00 100,000.00 98 037.72 99,584.70 95,695.40 95,695.40 100,000.00 100,000.00 100,000.00 6.760 15.582 15.798 02/11 /2005 407 5.300 5.227 5.300 01/27/2004 26 6.760 15.581 15.797 01/13/2005 378 3.600 3.550 3.599 06/11/2004 162 5.350 5.276 5.350 01/28/2004 27 3.500 3.452 3.499 05/03/2004 123 5.700 5.621 5.700 03/10/2004 69 - 6.550 14.981 15.189 07/28/2004 209 1.550 1.973 2.000 05/16/2005 501 4.900 4.832 4.900 04/30/2007 1,215 5.550 5.473 5.549 03/26/2004 85 5.550 5.473 5.549 03/26/2004 85 5.600 14.352 14.551 09/14/2005 622 6.270 13.920 14.113 01 /31 /2004 30 7.020 16.279 16.505 02/03/2005 399 Portfolio CNC CC DD (PRF_DD) SymRept V5.021 City of National City Investments Purchased From Finance 500 Inc December 31, 2003 Purchase CUSIP Investment# Issuer - Date Book Value Page 2 Current - YTM YTM Maturity Days To Par Value Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 Subtotal and Average 76,570.64 100,000.00 100,000.00 6.150 13.987. 14.181 02/26/2004 56 1,390,093.10 1,565,000.00 1,572, 567.48 8.467 8.585 269 Federal Agency Securities • 31339XQN7 10867 - Federal Home Loan Bank - - 07/02/2003 1.00,000.00 100,000.00 100,000.00 2.000 1.972 2.000 07/02/2008 1,644 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00. • 100,000.00 • 100,000.00 2.000 1.972 2.000 07/17/.2008 1,659 31339Y708 10882 Federal Home Loan•Bank 08/13/2003 _ 100,000.00. 100,000.00 - 100,094.00 3.000 2.958 3.000 08/13/2008 1,686 3133X0789 10883 Federal Home Loan Bank 08/20/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 08/20/2008 1,693 3133X00W6 10884 Federal Horne Loan Bank 08/27/2003 109,000.00 100,000.00 100,000.00 3.250 3.205 3.250 08/27/2008 1,700 3133X0WH8 10892 Federal Home Loan Bank 09/19/2003 100 000.00 100,000.00 100,000.00 ' 3.500 3.452 3.500 99/19/2008 1,723 3133X1HA88 10909 Federal Home Loan Bank 10/23/2003 100,000.00 100 000.00 100,094.00 3.000 2.958 3.000 10/23/2008 1,757 3133X1UZ8 10919 Federal Home Loan Bank 11/13/2003 100,000.00 100,000.00 100,25.0.00 3.500 3.452 3.500 11/13/2008 1,778 3133X23C7 10920 Federal Home Loan Bank - 11/26/2003 100,000.00 100,000.00 - 100,500.00, 3.250 3.205 3.250 11/26/2008 1,791 Subtotal and Average 900,000.00 900,000.00 900,938.00 2.904 2.944 1,714 Pass Through Securities 3133TGSG5 10637 31376PGY5 10126 Federal Home Loan Mrtgage Corp 11/30/1998 Federal Natl. Mortgage Assoc. 12/01/1998 Subtotal and Average 0.00 0.00 - 0.00 6.000 5.917 • 6.000 01/15/2013 . 3,302 13,374.22 12,832.68 13,650.89 8.500 7.605 7.710 07/01/2011 2,738 13,374.22 12,832.68 13,650.89 7.605 7.711 2,738 Total Investments and Average 3,364,467.32 Run Dale: 03/05/2004 - 10:51 3,538,832.68 3,566,684.77 5.590 - 5.668 726 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc December 31, 2003 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer _ Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00. 100 000.00 100,031.00 2.250 2.377 2.410 04/10/2008 1,561 3133MYF28C 10841 . Federal Home Loan Bank 05/14/2003 100,000 00 100,000.00 100,219.00 3.000 2.958 3.000 05/14/2008 1,595 3128X1007C 10842 Federal Home Loan Bank 05/28/2003 • 100,000.00 • 100,000.00 100,399.00 2.700 2.663 2.700 05/28/2008 1,609 • 31339XTQ7C 10849 Federal Home Loan Bank 08/30/2003 100,000.00 - 100 000.00 98,875.00 2.000 1.972 2.000 06/30/2008 1,642 31339Y6G2C 10858 Federal Home Loan Bank 07/17/2003 - 99,937.50 - 100,000.00 99 031.00 2.000 1.085 2.013 07/17/2008 1.659 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 99,75'0.00 100 000.00 99,188.00 2.000 2.024 2.052 07/24/2008 1,666 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 - 100,000.00 100,000.00 100,094.00 2.500 2.465 2.500 07/30/2008 1,672 31339YYD8C 10872 Federal Horne Loan Bank 08/13/2003 • 100,000.00 100,000.00. 100,094.00 3.000 2.958 3.000 08/13/2008 1,686 31339YVS8C 10873 Federal Home Loan Bank - 08/14/2003- 100,000.00 100,000.00 99,469.00 2.500 2.465 2.500 08/14/2008 1,687 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 99,937.50 100,000.00 • 100,188.00 2.500 2.478 2.513 08/20/2008 1,693 3133XODE6 10875 Federal Home Loan Bank . 08/26/2003 100.000.00 100,000.00 100 094.00 3.000 2.958 3.000 08/26/2008 1,699 3133X0HE2C 10876 Federal Home Loan Bank 08/27/2003 99,687.50 - 100,000.00 100,313.00 3.250 3.272 3.318 08/27/2008 1,700 3133X0VA4C 10886 Federal Home Loan Bank- 09/19/2003 99,875.00 100,000.00 100,313.00 3.000 2.985 3.027 09/19/2008 1.723 3133X14R5C 10893 Federal Home Loan Bank 10/02/2003 - 99,750.00 - 100,000.00 99,438.00 3.500 3.506 3.555 10/02/2008 1,736 3133MX17M3C 10894 Federal Home Loan Bank 10/09/2003 100,000.00 100,000.00 100,500.00 3.250 3.205 3.250 10/09/2008 1,743 3133X1CG0 10895 Federal Home Loan Bank 10/15/2003 99,900.00 100,000.00 100,438.00 3.000 2.980 3.021 10/15/2008 1,749 3133X1CZ8C 10896 Federal Home Loan Bank 10/15/2003 99,937.50 100,000.00 100,063.00 3.000 2.972 3.013 10/15/2008 1,749 3133X1HA8C 10897 Federal Home Loan Bank 10/23/2003 100,000.00 100 000.00 100,094.00 3.000 2.958 3.000 10/23/2008 1,767 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 . 99,900.00 -100,000.00 100,188.00 3.000 2.980 3.021 10/30/2008 1,764 3133X1L39C 10899 Federal Horne Loan Bank 10/30/2003 69,375.00 100,000,00 99,906.00 2.750 2.845 2.885 10/30/2008 1,764 3133X1PY7C 10910 Federal Home Loan Bank 11/04/2003 100,000.00 100,000.00 97,625.00 3.000 2.958 3.000 11/04/2008 1,769 3133X1U54C 10911 Federal Home Loan Bank 11/14/2003 99,812.50 100,000.00 100,375.00 3.000 2.999 3.040 11/14/2008 1,779 31332AP0C 10912 Federal Home Loan Bank 11/24/2003 100,000.00 100,000.00 100,313.00 3.500 3.452 3.500 11/24/2008 1,789 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 99,562.50 100,000.00 100,375.00 3.000 3.052 3.095 11/28/2008 1,793 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 99:812.50. 100,000.00 99,781.00 3.000 2.999 3.040 12/16/2008 1,811 Subtotal and Average 2,496,487.50 2,500,000.00 2,497,404.00 2.819 2.858 1,711 Total Investments and Average 2,496,487.50 Run Date: 03/05/2004 - 10:51 2,500,000.00. 2,497,404.00 2.819 2.858 1,711 Portfolio CNC CC DD (PRF_DD) Syn)Rept V5.021 City of National City Investments Purchased From Multi -Bank Securities Inc December 31, 2003 Page 4 Purchase - Current YTM YTM Maturity Days To CUSIP Investment 11 Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10852 • Bank of Bonifay 06/11/2003 • 95,000.00 95,000.00 95,000.00 2.350 2.317 2.350 06/11/2005 527 10577 Bankfirst NA 06/22/2001 99 000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 173 10877 Boardwalk Bank 08/07/2003 99,000.00 99,000.00 99 000.00 2.250 2.219 2.250 08/08/2005 585 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 201 10900 Carolina Trust Bank 10/01/2003 99 000.00. 99,000.00 99,000.00 2.500 2.465 2.500 10/01/2005 639 10901 Corn Belt B & T Co 10/07/2003 • 98,000.00 98,000.00 98,000.00 2.710 2.672 2.710 10/07/2005 645. 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 193 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000.00 2.430 2.396 2.430 06/05/2005 521 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/18/2005 564 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.195 2.226 06/06/2005 522 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/28/2005 574 10599 Park Avenue Bank NA, The 07/11/2001 : . 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 193 10763 PlanlersFirsl Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 239 10596 Providian Dank 07/10/2001 - ' 99,000.00 - 99 000.00 99,000.00. 5.480 5.404 5.480 07/09/2004 190 10843. Southern New Hampshire B&T Co. .05/08/2003 99,000.00 99,000.00 99 000.00 2.000 1.972 2.000 05/08/2004 128 10878 Southern National Bank -Texas 08/29/2003 99,000.00 ' 99,000.00 • 99,000.00 2.750 2.712 ' 2.750 08/25/2005 602 10682 State Farm Financial Svcs, FSD 03/06/2002 - 100,000.00 - 100,000.00 100,000 00 4.350 4.290 4.350 03/08/2004 67 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 3,994 4.050 01/25/2004 24 10914 Total Bank 11/26/2003 99,000.00 _ 99,000.00 99 000.00 2.450 2.416 2.450 09/01/2005 609 10862 Washington Savings Bank, FSB 07/31/2003 99,000:00 99,000.00 99,000.00 2.250 2.219 2.250 07/30/2005 576 Subtotal and Average 1,977,000.00 1,977,000.00 1,977,000.00 3.299 3.345 387 Negotiable/Transferable CDs 356611FU2060 10168 Fremont Investment & Loan 04/07/1999. .97,000.00 97,000.00 98,078.64 5.600 5.523 5.600 04/07/2004 97. 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 100,000.00 100,881.00 5.600 5.523 5.600 03/17/2004 76 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 97,000.00 98,053.42 - 5.500 5.424 5.500 04/07/2004 97 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 97,000.00. 97,665.42 5.400 5.326 5.400 03/03/2004 62 Subtotal and Average 391,000.00 391,000.00 394,678.48 5.450 5.526 82 Pass Through Securities 31384TKP5060 10103 Federal Nall. Mortgage Assoc. 02/18/1996 Subtotal and Average 0.00 0.00 0.00 8.250 7.208 7.307 11/01/2004 305 0.00 0.00 - 0.00 0.000 0.000 0 Total Investments and Average 2,368,000.00 Run Date: 03/05/2004 - 10:51 Cri 2,368,000.00 2,371, 678.48 3.654 3.705 337 Portfolio CNC CC DD (PRF_DD) SywRepl V5.02f CUSIP - Investment# Issuer City of National City Investments Purchased From PaineWebber Inc December 31, 2003 Page 5 Purchase Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 - 100,000.00 100,000 00 100,000.00 3.000 2.958 3.000 05/21/2008 1,602 31339XQN7 - 10863 Federal Home Loan Bank 07/02/2003. 100,000.00 100,000.00 100,000.00 2.000 1.972 2.000 07/02/2008 1,644 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 ,100,000.00 - 100,000.00 2.500 2.465 2.500 08/20/2008 1,693 • 3133X0S75 10887 Federal Home Loan Bank . 09/12/2003 100,000.00 100 000.00 _ 100,000.00 3.500 3.452 3.500 09/12/2008 1,716 3133X1GA9 10903 Federal Home Loan Bank - 10/21/2003 100,000.00 100,000.00 100,000.00 3.250 - 3.205 3.250 10/21/2008 1,755 3133X2AC9 10915 Federal Home Loan Bank 11/26/2003 - 100,000.00 ` '100,000.00 100,000.00 3.125 3.082 3.125 11/26/2008 1,791 Subtotal and Average 600,000.00 600,000.00 600,000.00 2.856 2.898 1,700 Total Investments and Average Run Dale: 03/05/2004 - 10:51 600,000.00 600,000.00 600,000.00. 2.856 2.896 1,700 Portfolio CNC CC DD (PRF_DD) SymRepI V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. December 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99 000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 207 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.169 2.200 06/27/2005 543 10698 American Bank 04/25/2002 99,000.00 99,000.00. 99,000.00 4.100. 4.043 4.100 04/25/2004 115 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 88 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 285 10594 Bank of Jamestown 07/05/2001 99 000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 4 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 113 10854 Bilteroot Valley Bank 06/25/2003 99,000.00. • 99,000.00 99,000.00 2.150 2.120 2.150 06/25/2005 541 10889 Capital Bank & Trust Co. 09/11/2003 99,000.00 99,000.00 99 000.00 2.500 2.465 2.500 09/12/2005 620 10749 Capital One Bank 07/09/2002 100,000.00 100 000.00 100,000.00 4.040 3.984 4.040 07/09/2004 190 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 190 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99 000.00 4.000 3.945 4.000 05/13/2004 133 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 120 10847 Community National Bank - 05/22/2003 99 000.00 99,000.00 99,000.00 2.150 2.120 2.150 11/22/2004 326 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99 000.00 99,000.00 2.500 2.465 2.500 10/06/2005 644 10592 Cumberland National Bank - 07/02/2001 . 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 1 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 - 2.960 2.919 2.960 11/26/2004 330 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 109 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/01/2004 305 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 ' 2.850 2.810 2.850 02/18/2005 414 10595 First Western Bank '07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 190 10866 First National Bank of Barron 07/21/2003 • 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 07/25/2005 571 10699 FNB of Elk River 04/29/2002. 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 119 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 210 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/06/2005 614 10829 First State Bank of Conway 03/24/2003 - 99,000.00 99,000.00 99,000.00 2.550 2.515 - 2.550 03/24/2005 448 10600 First State Bank of Okahena ' 07/13/2001 ' 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 194 10747 - Garden City State Bank • 07/01/2002 - 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 07/01/2004 182 10737 Heritage Bank of Ashland 06/24/2002 99,000.0'0 ' 99,000.00 99,000.00. 4.000 3.945 4.000 06/24/2004 175 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 07/23/2004 204 10893 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 19 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 - 99,000.00 2.450 2.416 2.450 08/15/2005 592 10908 _ Horizon Bank 10/31/2003 ' ' 99,000.00 ' 99,000.00 . 99,000.00 2.600 2.564 2.600 10/31/2005 669 10697. Illini Bank 04/24/2002 99,000.00 - 99,000.00 99,000.00. 4.200 4.142 4.200 04/24/2004 114 Run Dale: 03/05/2004 - 10:51 V Portfolio CNC CC D0 (PRF_OD) SyrnRepl V5.02f CUSIP Investment if Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. December 31, 2003 Certificates of Deposit - Monthly 10865 IndyMac Bank FSB 10846 International Bank of Chicago 10904 Lake Country State Bank 10810 Lone Star National Bank 10813 Lowcountry National Bank 10671 Manufacturers & Traders Trust 10736 Mercantile T&SB 10715 Mesa Bank 10864 Mutual Bank 10837 Northeast Bank FSB 10714 New Frontier Bank 10906 Oceanside Bank 10907 Ocwen Federal Bank FSB 10828 Omni National Bank 10916 Parke Bank 10845 Pioneer Bank 10776 PNB Financial Bank 10917 Premier Bank of Wilmette 10694 Premier Bank of Tallahassee 10774 Peoples State Bank 10751 Security Bank 10775 SouthTrust Bank 10811 Stockmans Bank 10890 Texas State Bank 10717 Traditional Bank 10808 Treasury Bank 10918 Trinity Bank 10853 Union Credit Bank 10752 Union National Bank of Elgin, 10601 Union Bank 10602 Wauwatosa Savings Bank 10578 World's Foremost Bank 10809 Webster Five Cents Savings Bk. 10836 West Pointe Bank Run Dale: 03/05/2004 - 10:51 Purchase. Date Current YTM Book Value Par Value Market Value Rate 360 Page 7 YTM Maturity Days To 365 Date Maturity 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.090 2.120 07/08/2005 554 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 05/16/2005 501 10/02/2003 99,000.00 99,000.00 99 000.00 2.550 2.515 2.550 10/03/2005 641 02/11/2003 - 99,000.00 99,00000 99,000.00 2.800 2.761 2.800 02/11/2005 407 02/27/2003 99,000.00 - 99,000.00 • 99,000.00 2.750 2.712 2.750 02/28/2005 424 03/25/2002 _ 99,000.00 99,000.00 99,000.00 4.110 4.053 4.110 03/25/2004 84 06/04/2002 99,000.00 99,000.00 99 000.00 • 4.250 4.191 4.250 09/07/2004 250 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 130 07/03/2003 99,000.00 • 09,000.00 99,000.00 2.000 1.972 2.000 07/05/2005 551 04/24/2003 99,000.00 99 000.00 99,000.00 2.350 2.317 2.350 04/25/2005 480 • 05/08/2002 99,000.00 99,000.00 99000.00 4,100 4.043 4.100 95/08/2004 128 10/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 10/20/2005 658 10/27/2003 99,000.00 99,000.00 99,000.00 2.730 2.692 2.730 10/24/2005 662 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 01/20/2005 385 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.465 2.500 09/19/2006 627 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 05/05/2005 490 09/24/2002 99,000,00 99,000.00 99,000.00 3250 3.205 3.250 09/24/2004 267 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 11/25/2005 694 04/22/2902 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 112 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 256 07/15/2002. 99,000.00 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 196 09/19/2002 99,000.00 99,000.00. 99,000.00 3.390 3.343 3.390 10/19/2004 292 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 409 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 2.584 2.620 08/26/2005 603 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 07/16/2004 197 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.008 .3.050 01/28/2005 393 11/25/2003 99,000.00. 99,000.00 99,000.00 2.650 2.613 ' 2.650 11/25/2005 694 06/16/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 06/20/2005 536 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.886 3.940 07/18/2004 199 07/16/2001 99,000.00 - 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 107 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 01/20/2004 19 06/29/2001 100,000 00 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 180 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.880 2.920 01/30/2005 395 04/10/2003. 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/11/2005 466 Portfolio CNC CC DD (PRF_DD) SymRepl V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. December 31, 2003 Purchase Current YTM YTM CUSIP Investment # Issuer Date Book Value:. Market Value Rate 360 365 Page II Subtotal and Average 6,735,000.00 6,735,000.00 - 6,735,000.00 3.389 3.436 333 Total Investments and Average 6,735,000.00 Run Dale: 03/05/2004 - 70:5 — 6,735,000,00 6,735,000.00. 3.389 3.436 333 Portfolio CNC CC DO (PRP_DD) SymRept V5.02f SymPro City of National City. Portfolio Management Portfolio Summary December 31, 2003 City of National City Par Market - Book % of Days to YTM/C YTM/C Investments Value Value. Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 9,678,000.00 9,697,069.90 9,678,000.00 62.18 809 360 3.420 3.467 Certificates of Deposit - Maturity 95,000.00 94,458.50 95,000.00 0.61 1,827. 140 6.000 6.083 Negotiable/Transferable CDs 1,956,000.00 1,967,245.96 1,781,093.10 11.44 1,639 229 7.805 7.913 Federal Agency Securities 4,000,000.00 3,998,342.00 . 3,996,487.50 25.68 1,827 1.711 2.844 2.883 Pass Through Securities - 12,832.68 13,650.89 13,374.22 0.09 4,595 2,738. 7.605 7.711 Investments 15,741,832.68 15,770,767.25 15,563,954.82 100.00% 1,175 693 3.793 3.846 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year - Average Daily Balance Effective Rate of Return Marylou Matienzo, Director of Finance Run Dale: 03/05/2004 - 10:58 49,967.11 15,940,635.74 3.69% 323,180.93 14,518,488.78 4.42% PM (PRF_P Portfolio CNC CC SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments December 31, 2003. Average Purchase CUSIP Investment # Issuer Balance pale Par Value Page 2 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's - 365 Maturity - Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000,00 5.200 5.200 207 07/26/2004 10855 Alerus Financial Bank 06/25/2003 99,000.00 ' 99,000 00 99,000.00 2.200 2.200 543 06/27/2005 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 115 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 . 4.200 88 03/29/2004 10852 Bank of Bonifay 06/11/2003 95,000.00 95 000.00 95,000.00 2.350 2.350 527 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,533.61 99 000.00 2.750 2.750 221 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 285 10/12/2004 10577 Bankfirst NA . 06/22/2001 99,000.00 99,000.00 99,000.00 5.350. 5.350 173 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 308 11/04/2004 10877 Boardwalk Bank 08/07/2003 - 99,000.00 , 99,000.00 99,000.00 2.250 2.250 585 08/08/2005 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000 00 100,000.00 5.170 5.170 201 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250. 5.250 4 01/05/2004 10755 Bank of Little Chute 08/07/2002 99,000.00 99,556.38 99,000.00 2.800 2.800 218 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00. 4.150 4.150 113 04/23/2004 10854 - Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99 000.00 2.150 2.150 541 06/25/2005 10889 . Capital Bank & Trust Co. 09/11/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 620 09/12/2005 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 190 07/09/2004 10748 Capital One FSB - 07/09/2002 - 100,000.00 100,000.00 . 100,000.00 4.040 4.040 190 07/09/2004 10900 Carolina Trust Bank 10/01/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 639 10/01/2005 10716 Colony Bank of Asburn 05/14/2002 . 99,000.00 99,000.00 99,000.00 4.000 4.000 133 05/13/2004 10901 Corn Belt B & T Co . 10/07/2003 - 98,000.00' 98,000.00 98,000.00 2.710 2.710 645 10/07/2005 10700 Centennial Bank of the West - - 04/30/2002 - 99,000.00 99 000.00. 99,000.00 4.050 4.050 120 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 . 95,000.00 95,893.95 95,000.00 , 4.100 4.100 158 06/07/2004 177707AC0 10702 City Bank • 05/15/2002 95,000.00 99,601.80 95,000.00.. 4.900 4.900 1,230 05/15/2007 10847 Community National Bank 05/22/2003 - 99,000.00 99,000.00 99,000.00 2.150 2.150 326 11/22/2004 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 644 10/06/2005 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 '99,000.00 5.250 5,250 1 01/02/2004 254670098 10720 Discover Bank 06/12/2002 95 000.00 95,753.35 95,000.00 3.650 3.650 165 06/14/2004 10802 E-Trade Bank 11/25/2002- 99,000.00 99,000.00 99,000.00 2.960 2.960 330 11/26/2004 10695 First Alliance Bank - .. 04/19/2002 99 000.00 99,000.00 99,000.00 4.050 4.050 109 04/19/2004 10800 Frirst Community Bank 11/01/2002. 99,000.00 99,000.00 99,000.00 3.250 ' 3.250 305 11/01/2004. 10812 First Enterprise Bank, West Br 02/18/2003 ' 99,000.00 99,000.00 99,000.00 2.850 2.850 414 02/18/2005 -10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 ' - 5.200 190 07/09/2004 340558CE3 10629 - Florida Bank, NA 09/26/2001 99,000.00 - 104,201.46 99,000.00 5.150 5.150 999 09/26/2006 10866 First National Bank of Barron . 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 571 07/25/2005 10699 - FNB of Elk River 04/29/2002 ' 99,000.00 99,000.00 - 99,000.00 4.050 4.050 119 04/29/2004 Portfolio CNC CC RtlmDale: 03/05/2004 - 10:58 . - -- - PM (PRF_PM2) SyrnRept V5.02f -1 City of National City Portfolio Management Portfolio Details - Investments December 31, 2003 Page 3 Average Purchase - CUSIPStaled YTM/C Days to Maturity . Investment # Issuer Balance Date Par Value Market Value- Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10753 First National Bank Northeast 07/29/2002 - • 99,000,00 99,000.00 99,000.00 3.840 3.840 210 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 99,483 05 95,000.00 4.850 4.850 1,230 05/15/2007 10888 Forreston State Bank 09/03/2003 991000.00 99,000.00 99,000.00 2.500 2.500 614 09/06/2005 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000,00 99,000 00 2.550 2.550 448 03/24/2005 10600 First State Bank of Okabena 07/13/2001 - 99,000.00 99,000.00 - 99,000.00 5.250 5.250 194 07/13/2004 10747 Garden City State Bank • 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 182 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 -4.000 4.000 175 06/24/2004 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000 00 5.150 '5.150 204 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 19 01/20/2004 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 99,000.0D 2.450 2.450 592 08/15/2005 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 99,000.00 2.600 2.600 669 10/31/2005 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 114 04/24/2004 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99 000.00 2.120 2.120 554 07/08/2005 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 501 05/16/2005 10904 Lake Country State Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 641 10/03/2005 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 193 07/12J2004 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 407 02/11/2005 10813 Lowcountry National Bank 02/27/2003 - 99,000,00 99,000.00 99,000.00 2.750 2.750 424 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 84 03/25/2004 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000 00 2.430 2.430 521 06/05/2005 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000,00 99,000.00 4.250 4.250 250 09/07/2004 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 130 05/10/2004 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 ' 99,000.00 2.000 2.000 551 07/05/20(15 63336Q401 10756 National Bank of Commerce 08/08/2002 95,000.00 95,536.75 95,000.00 2.800 2.800 221 08/09/2004 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 564 07/18/2005 10837 Northeast Bank FSB 04/24/2003 ' 99,000.00 99,000.00 99,000.00 2.350 2.350 480 04/25/2005 1.0714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 -128 05/08/2004 10906 Oceanside Bank 10/20/2003 99,000,00 99,000.00 99,000.00 2.500 2.500 658 10/20/2005 10907 Ocwen Federal Bank FSB 10/27/2003 99,000.00 99,000.00 99,000.00 2.730 2.730 662 10/24/2005 10828 Omni National Bank 03/21/2003 99,000,00 99,000.00 99,000.00 2.350 2.350 385 01/20/2005 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.226 522 06/06/2005 10861 - Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 574 07/28/2005 10599 Park Avenue Bank NA, The - 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 193 07/12/2004 10916 Parke Bank 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 2.500 627 09/19/2005 10845 Pioneer Bank 05/05/2003 99,000.00 90,000,00 99,000.00 2.300 2.300 490 05/05/2005 10763 PlantersFirst Bank - 08/27/2002 - 99,000.00 _ 99,000.00 99,000,00 3.400 - 3.400 239 08/27/2004 Run Dale: 03/05/2004 - 10:58 Portfolio CNC CC PM (PRF PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments December 31, 2003 Page 4 Average Purchase - Stated YTM/C Days to Maturity CUSIP Investment # Issuer - Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 74407ML60 1059E Plains Capital Bank - 07/11/2001 95,060.00 96,509.55 95,000.00 5.200 5.200 193 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3,250 3.250 267 09/24/2004 10917 Premier Bank of Wilmette 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 694 11/25/2005 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99 000.00 4.150 4.150 112. 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00.. 99,000.00. 99,000.00 5.480 5.480 190 07/09/2004 10774 Peoples State Bank 09/12/2002 99,000.00 99 000.00 99,000.00 3.450. 3.450 256 09/13/2004 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 196 07/15/2004 10843 Southern New Hampshire 13&T Co. 05/08/2003 99,000.00 99,000.00 99,000 00 2.000 2.000 128 05/08/2004 10878 Southern National Bank -Texas 08/29/2003 99,009,00 99,000.00 99,000 00 2.750 2.750 602 08/25/2005 10682 Stale Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 67 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 292 10/19/2004 10662. Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4,050 4.050 24 01/25/2004 10811 Stockmans Bank 02/13/2003 - 99,000.00 99,000.00 99,000.00 2.800 - 2.800 409 02/13/2005 10890 Texas State Bank - 09/26/2003 99;000.00 99,000.00 99,000.00. 2.620 2.620 603 08/26/2005 10914 Total Bank 11/26/2003 99,000.00 99,000.00 99,000.00 2.450 2.450 609 09/01/2005 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 197 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 393 01/28/2005 10918 Trinity Bank 11/25/2003 99,000.00 99,000.00 _ 99,000.00 2.650 2.650 694 11/25/2005 10853 Union Credit Bank - 06/18/2003 - .99,000.00 99,000.00 99,000.00 2.300 2.300 536 06/20/2005 10752 Union National Bank of Elgin, 07/18/2002 - 99,000,00 99,000.00 99,000.00 3.940 3.940 199 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 197 07/16/2004 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 576 07/30/2005 10602 Wauwatosa Savings Bank ' 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 19 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 -5.300 5.300 180 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 395 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00- 99,000.00 2.350 2.350 466 04/11/2005 Subtotal and Average 10,051,645.16 - 9,678,000.00 - 9,697,069.90 9,678,000,00 3.467 360 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 94,458.50 95,000.00 6.000 6.083 140 05/20/2004 95,000.00 94,458.50 95,000.00. 6.083 140 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 - 100,000.00 100,000.00 74,790.18 6.760 15.799 407 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,533.90 . 95,000.00 5.300 5.300 26 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 378 01/13/2005 Rugyate: 03/05/2004 - 10:58 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f -17 City of National City Portfolio Management Portfolio Details Investments December 31, 2003 Page 5 Average Purchase - - Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par. Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 • 97,733.32 97,000.00 3.600 3.599 162 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00. 95,181.45 95,000.00 5.350 5.350 27 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,535.59 99,000.00 3.500 3.500 123 05/03/2004 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,570:00 95,000.00 5.700 5.700 69 03/10/2004 358611 FU2060 10168 Fremont Investment & Loan 04/07/1999 67,000.00 98 078.64 97,000.00 5.600 5.600 97 04/07/2004 397396536060 10162 - Greenwood Trust Company DE 03/17/1999 100,000.00 - 100,881.00 - 100,000.00 - 5.600 - 5.600 76 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 - 75,811.23 6:550 15.190 209 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000:00 '98,053.42 97,000.00 5.500 5.500 97 04/07/2004 10870 Investors Community Bank 07/29/2003 99,006.00 98,637.72 98,212.95 1.550 2.000 501 05/16/2005 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 99,584.70 95,0.00.00 4.900 4.900 1,215 04/30/2007 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 ''95,000.00 95,695.40 95;000.00 5.550 ' 5.550 85 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,695.40 95,000.00 5.550 5.550 85 03/26/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000 00 69,971.36 5.600 14.552 622 09/14/2005 798219A87060 10146 San Jose National Bank 03/03/1999 97,000.00 97,665.42 97,000.00 5.400 5.400 62 03/03/2004 8649999X9 10347 Success National Bank :01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 30 01/31/2004 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 ' 74,008.71 7.020 16.505 399 02/03/2005 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 56 02/26/2004 Subtotal and Average 1,809,656.26 . 1,956,000.00 1,967,245.96 1,761,093.10 7.913 -229 Federal Agency Securities • 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 100,031.00 99,250.00 2.250 2.410 1,561 04/10/2008 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 106,000:00 , 100,219.00 100,000.00 3.000 , 3.000 1,595 05/14/2008 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,399.00 100,000.00 2.700 2.700 1,609 05/28/2008 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 '100,000.00 100,000.00 100,000.00 3.000 3.000 1,602 05/21/2008 31339XT07C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 98,875.00 100,000.00 2.000 - 2.000 1,642 06/30/2008 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 100,000.00 99,031.00 99,937.50 2.000 2.013 1,659 07/17/2008 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 100,000.00 99,188.00 99,750.00 2.000 2.053 1,666 07/24/2008 31339YPB2C 10858 . Federal Home Loan Bank 07/30/2003 . 100,000.00 100 094.00 100,000.00 2.500 2.500 1,672 07/30/2008 31339XQN7 - 10863 Federal Home Loan Bank 07/02/2003 100,000.00 100,000.00 100,000.00 2.000 2.000 1,644 07/02/2008 31339XQN7 10867 Federal Home Loan Bank 07/02/2003 1013,000.00 - 100,000.00 100,000.00 ..2 000 2.000 1,644 07/02/2008 31339Y6G2 10888 Federal Home Loan Bank 07/17/2003 100,000.00 100,000.00 100,000.00 2.000 2.000 1,659 .07/17/2008 31339YYD8C 10872 Federal Horne Loan Bank 08/13/2003 100,000.00. 100,094.00 100,000.00 3.000 3.000 1,686 08/13/2008 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 . 100,000.00 99,469.00 - 100,000.00 2.500 2.500 1,687 08/14/2008 3133X0AE9C 10874 Federal Home Loan Bank 08/20/2003 100,000.00 100,188.00 - 99,937.50 2.500 2.513 1,693 08/20/2008 3133XODE6 10875 Federal Home Loan Bank - 08/26/2003 -. - 100,000.00. 100,094.00 100,000.00 3.000 3.000 1,699 08/26/2008 3133X0HE2C 10876 Federal Home Loan Bank 08/27/2003 100,000.00 100,313.00 99,687.50 3.250 3.318 1,700 08/27/2008 Run Dale: 03/05/2004 - 10:58 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.021 City of National City Portfolio Management Portfolio Details -investments December 31, 2003 Page 6 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment 8 Issuer Balance Date • Par Value Market Value Book Value Rate Moody's 365 Maturity • Date Federal Agency Securities 3133X0AE9 10879 Federal Horne Loan Bank 08/20/2003 100,000.00 100,000.00 100,000.00 2.500 2.500 1,693 08/20/2008 31339YYD8 10882 Federal Home Loan Bank 08/13/2003 100,000.00 • 100,094.00 100,000,00 3.000 3.000 1,686 08/13/2008 3133X07B9 10883 Federal Horne Loan Bank 08/20/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,093 08/20/2008 3133X00W6 10884 Federal Home Loan Bank 08/27/2003 100,000.00 100 000.00 100,000.00 3.250 - 3.250 1,700 08/27/2008 3133X0VA4C 10886 Federal Home Loan Bank 09/19/2003 100,000.00 100,313.00 99;875.00 3.000 3.027 1,723 09/19/2008 3133X0575 10887 Federal Home Loan Bank 09/12/2003 100,000.00 100,000.00 - 100,000.00 3.500 3.500 1,716 09/12/2008 3133X0WH8 10892 Federal Horne Loan Bank 09/19/2003 - 100,000.00 100,000.00 100,000.00 3.500 3.500 1,723 09/19/2008 3133X14R5C 10893 - Federal Home Loan Bank 10/02/2003 100,000.00 99,438.00 ' 99,750.00 3.500 3.555 1,736 10/02/2008 3133MX17M3C 10894 Federal Home Loan Bank 10/09/2003 100,000.00 100,500.00 100,000.00 3.250 3.250 1,743 10/09/2008 3133X1CG0 10895 Federal Home Loan Bank 10/15/2003 100,000,00 100,438.00 99,900.00 3.000 3022 1,749 10/15/2008 3133X1CZ8C 10896 Federal Home Loan Bank 10/15/2003 100,000.00 100.063.00 99,937.50 3.000 3.014 1,749 10/15/2008 3133X1HABC 10897 Federal Horne Loan Bank • 10/23/2003 100,000.00 100,094.00 100,000.00 3.000 3.000 1,757 10/23/2008 3133X1LS4C 10898 Federal Home Loan Bank 10/30/2003 100,000.00 100,188.00 99,900.00 3.000 3,022 1,764 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 �100,000.00' 99,906.00 99,375.00 2.750 2.885 1,764 10/30/2008 3133X1GA9 10903 Federal Home Loan Bank 10/21/2003 100,000.00 100,000.00 100,000.00 3.250 3.250 1,755 10/21/2008. 3133X1HA86 10909 Federal Home Loan Bank 10/23/2003 100,000.00 • 100,094.00 100,000.00 3.000 3.000 1,757 10/23/2008 3133X1PY7C 10910 Federal Home Loan Bank 11/04/2003 100,000.00 97,625.00 • 100,000.00 3.000 3.000 1,769 11/04/2008 3133X1U54C 10911 Federal Home Loan Bank 11/14/2003 100,000.00 100,375.00 99,812.50 3.000 3.041 1,779 11/14/2008 31332APOC 10912 Federal Home Loan Bank - 11/24/2003 . 100,000.00 100,313.00 100,000.00 3.500 _ 3.500 1,789 11/24/2008 3133X24X0C 10913 Federal Home Loan Bank - 11/28/2003 100,000.00 - 100,375.00 99,562.50. 3.000 3.095 1,793 11/28/2008 3133X2AC9 10915 Federal Home Loan Bank 11/26/2003 100,000.00 . 100,000.00 100,000.00 3.125 - 3.125 1,791 11/26/2008 3133X1UZ8 10919 Federal Home Loan Bank. 11/13/2003 100,000.00 - ' 100,250.00 100,000.00 3.500 3.500 1,778 11/13/2008 3133X23C7 10920 Federal Home Loan Bank 11/26/2003 100,000.00 100,500.00. 100,000.00 3.250 3.250 1,791 11/26/2008 3133X2JS5C 10921 Federal Horne Loan Bank - 12/16/2003 100,000.00 99,781.00 ' 99 812.50 3.000 3.041 1,811 12/16/2008 Subtotal and Average 3,970,771.77 4,000,000.00 3,998,342.00 3,996,487.50 2,883 1,711 Pass Through Securities • 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 - - 6.000- 0 01/15/2013 3'1364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 ' 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 12,832.68 ` 13,650.89 13,374.22 8.500 - 7.711 2,738 07/01/2011 Subtotal and Average 13,562.54 ' 12,832.68 13,650.89 13,374.22. ' 7.711 2,738 Total Investments and Average Rurt/Dale: 03/05/2004 - 10:58 C11 15,940,635.74 15,741,832.68 15,770,767.25 15,563,954.82 3.846 693 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f ate'H4: 5ymPro CUSIP City of National City Activity Report Sorted By Brokers December 1, 2003 - December 31, 2003 Par Value - Par Value .City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment# Issuer of Portfolio Balance Rate Date . or Deposits - or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance - 966,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 966,000.00 95,000.00 Negotiable/Transferable CDs 258115AV6 10041 Dotal FSB Subtotal and Balance 1,664,000.00 5.350 ,12/10/2003 0 00 99,000.00 0.00 99,000.00 1,565,000.00 Federal Agency Securities 3133X0L64 10891 Federal Home Loan Bank Subtotal and Balance 1,000,000.00 3.500 12/04/2003 0.00 100,000.00 0.00 100,000.00 900,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 22.480% 13,066.08 3,738,066.08 8.500 12/25/2003 0.00 233.40 0.00 233.40 12,832.68 0.00 199,233.40 - - 3,538,832.68 Brokers: Gilford Securities Inc Federal Agency Securities 3133X0MX4C 10885 Federal Home Loan Bank 3.250 12/05/2003 0.00 100,000.00 3133X2JS5C 10921 Federal Home Loan Bank 3.000 12/16/2003 - 100,000.00 0.00 Subtotal and Balance - 2,500,000.00 100,000.00. Brokers Subtotal 15.881% 2,500,000.00 100,000.00 100,000.00 2,500,000.00 100,000.00 2,500,000.00 Brokers: ,Multi -Bank Securities Inc Ran Dale: 03/05/2004 - 11:00 Portfolio CNC CC DA (PRF_DA) SymRept V5 02f CUSIP City of National City Activity Report December 1, 2003 - December 31, 2003 Par Value - Par Value Percent Beginning Current Transaction - Purchases Sales/Calls/Maturities Ending Investment# Issuer of Portfolio Balance Rate Date. — or Deposits or Withdrawals Balance Page 2 Certificates of Deposit - Monthly 654062AMO 10564 Nicolet National Bank 10574 York State Bank & Trust 10576 Heritage Bank Subtotal and Balance 2,274,000.00 5.100. 12/01/2003 5.100 12/29/2003 5.100 12/29/2003 0.00 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 297,000.00 1,977,000.00 Negotiable/Transferable CDs Subtotal and Balance 391,000.00 391,000.00 Pass Through Securities Subtotal and Balance Brokers Subtotal 0.00 0.00 15.043% - 2,665,000,00. 0.00 297,000.00 2,368,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance Brokers Subtotal 600,000.90 3.812% 600,000.00 600,000.00 0.00. 0.00 600,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10565 Lakeland Community Bank 10570 Suburban Bank & Trust 10575 Edgar County Bank & Trust Co.` Subtotal and Balance Brokers Subtotal 43,413% 7,032,000.00 7,032,000.00 5.250 12/12/2003 5.350 12/22/2003 5.100 12/29/2003 0.00 0.00 0.00 99,000.00 0.00 99,000.00 0.00 198,000.00 6,834,000.00 0.00 188,000.00. 6,834,000.00 Total 100.000% Rurrefale: 03/05/2004 - 11:00 16,535,066.08 100,000.00 794,233.40 - - 15,840,832.68 • Portfolio CNC CC DA (PRF_DA) SyrriRept V5.021 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS DECEMBER 31, 2003 FUND FUND TITLE ENDING BALANCE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES 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 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 157 GRANT•SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 175 PETROLEUM VIOLATORS ESCROW 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 188 GRANT - HIDTA 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 192. LEASE ESCROW FUND 193 COPS GRANT PART III 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND • 1304 20.3 PARK SECURITY/GTE LEASE 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND P18 5,311,651.57 971,732.41 0.00 0.00 318,370.15 1,240,539.15 48,000.00 0.00 93,312.00. 159,141.46 84,209.57 475.52 6,848,580.80 248.11 235,414.71 509,090.88 0.00 11,338.71 3,001.51 0.00 88,449.77 29,250.81 34,652.48 ,332,207.58 47,623.61 386,701.07 0.00 0.00 5,510.00 13,792.49 614.65 0.00 3,311,086.11 256,977.86 0.00 0.00 0.00 899,715.61 652,788.10 75,000.00 12,736.95 616,112.28 28,000.00 26,246.44 105, 503.85 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS DECEMBER 31, 2003 FUND FUND TITLE ENDING BALANCE 212 PERSONNEL COMPENSATION FUND 112,382.39 216 FULFILL GRANT 0.00 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 0.00 2.25 ENGLISH LANGUAGE LITERACY INCENTIVE. ELLI 0.00 227 CLLS MATCHING FUNDS 0.00 229 CLEEP GRANT 4,532.09 230 ABANDONED VEHICLE ABATEMENT GRANT 0.00 231 HOUSING PILOT PROGRAM 0.00 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 11,578.84 235 COPS IN SCHOOLS 0.00 236 FIRST PEOPLES GRANT 0.00 237 .LEARN @ NCPL 0.00 238 VIDEOCONF.COMM. OF PRACTICE GRANT 0.00 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 3,006.04 240 LITERACY INTIATIVES XI 0.00 241 .NATIONAL CITY LIBRARY STATE GRANT 0.00 242 N. CITY LIBRARY MATCHING FUND 5,448,921.67 246 WINGS GRANT 0.00 247 LITERACY SERVICES 1 54,780.23 248 LITERACY INITIATIVES XII 0.00 249 . PARADISE CREEK ENHANCEMENT PLAN 0.00 250 NEW. FIRE STATION CONSTRUCTION 6,556,236.94 251 CLLS AMERICORPS LSTA GRANT I 46,604.79 252 AMERICORPS/CNCS GRANT 0.00 253 RECREATIONAL ACTIVITIES FUND 2,061.63 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 0.00 255 LOCAL LAW ENF BLOCK GRANT FY2003-2004 79,230.00 270 NUISANCE ABATEMENT FUND 1,407.68 272 LITERACY INITIATIVES X 2.61 301 GRANT-C.D.B.G. 0.00 302 CDC PAYMENTS 0.00 303 CAPITAL FACILITIES FUND 705,571.40 304 PARK DEVELOPMENT FUND 171,097.11 307 PROPOSITION AI FUND 2,962,696.73 308 GRANT -HIGHWAY BRIDGE REHAB 530,631.97 312 STP LOCAL/TRANSNET HIGHWAY 309,706.33 313 GRANT-CMAQ 0.00 316 CALIFORNIA ENERGY COMM GRANT 4.40 343 STATE -LOCAL PARTNERSHIP 99,763.90 345 TRAFFIC CONGESTION RELIEF 301,984.97 348 STATE GRANT 710,000.00 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 552 TDA 521,388.32 P19 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS DECEMBER 31, 2003 FUND FUND TITLE ENDING BALANCE 626 FACILITIES MAINT FUND 0.00 627 LIABILITY INS. FUND 4,507,321.13 628 GENERAL SERVICES FUND 0.00 629 INFORMATION SYSTEMS MAINTENANC 64,325.71 630 OFFICE EQUIPMENT DEPRECIATION 1,963,522.49 631 TELECOMMUNICATIONS REVOLVING 293,038.67 632 GENERAL ACCOUNTING SERVICES 0.00 633 UNEMPLOYMENT INSURANCE RESERVE 136,800.08 643 MOTOR VEHICLE SVC FUND 0.00 644 EQUIPMENT REPLACEMENT RESERVE 520,000.00 718 TRUST & AGENCY 21,412.39 721 LIBRARY TRUST FUND 46,819.32 724 COBRA/RETIREE INSURANCE 0.00 725 PLANNING 3,845.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 99,165.60 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 Totals UNPOSTED ITEMS (.55% variance immaterial) 271,101.28 TOTAL ALL FUNDS 49,392,962.01 P20 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING DECEMBER DECEMBER FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 448,676.70 8,845,888.35 103 GENERAL CAPITAL OUTLAY FUND 1,814.79 4,536.98 104 LIBRARY FUND 0.00 49,025.48 105 PARKS MAINTENANCE FUND 0.00 57,127.16 108 LIBRARY CAPITAL OUTLAY 522.55 38,725.40 109 GAS TAXES FUND 82,396.77 356,003.07 111 P.O.S.T: FUND 1,012.10 1,093.96 115 PARK & REC CAPITAL OUTLAY FUND 47,446.65 74,347.65 120 PLAN CHECKING REVOLVING FUND 5,724.05 54,209.57 123 GRANT -FAMILIES FOR LITERACY 0.00 475.52 125 SEWER SERVICE FUND 158,845.11 848,978.49 130 EMT-D REVOLVING FUND 0.00 5,895.00 131 ASSET FORFEITURE FUND 5,242.10 27,431.39 135 SD COUNTY R.EG AUTO THEFT TASK 0.00 21,519.75 136 TINY TOT CLASSES FUND 1,300.00 2,480.00 147 GRANT -JUDGE PROGRAM 18,815.00 18,815.00 154 STATE PUBLIC LIBRARY FUND 0.00 110,685.35 158 SWIMMING POOL REVOLVING FUND 0.00 31,212.50 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 42,828.38 172 TRASH RATE STABILIZATION FUND 6,249.74 25,215,48 173 NATIONAL SCHOOL DIST CONTRACT 0.00 9,998.00 176. POLICE REIMBURSED OVERTIME 1,239.64 11,182.25 188 GRANT - HIDTA 0.00 29,694.83 190 30TH STREET CLEANUP FUND - 1303 330.43 2,053.27 191 STOP PROJECT 11,462.00 31,811.00 200 30TH STREET CLEANUP FUND- 1304 792.22 4,924.03 201 NCJPFA DEBT SERVICE FUND 0.09 372,588.91 208 SUPP.LAW ENFORCEMENT SVCS FUND ( 0.00 27,788.62 211 SECURITY AND ALARM REGULATION FU 4,018.75 23,094.91 216 FULFILL GRANT 0.00 24,376.51 220 LOCAL LAW ENF. BLOCK GRANT FY2000 0.00 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 . 0.00 31,777.77 225 ENGLISH LANGUAGE LITERACYJNCENT 0.00 327.17 227 CLLS MATCHING FUNDS 0.00 10,000.00 229 CLEEP GRANT 0.00 26,353.69 231 HOUSING PILOT PROGRAM 22,293.00 48,549.00 233 LOCAL LAW ENF. BLOCK GRANT FY2001 0.00 15,918.96 235 COPS IN SCHOOLS 0.0051,851.46 236 FIRST PEOPLES GRANT 0.00 30,887.52 237 LEARN @ NCPL 0.00 42,226.95 238 VIDEOCONF.COMM. OF PRACTICE GRAN 0.00 12,184.91 239 LOCAL LAW ENF BLOCK GRANT FY2002 0.00 24,231.04 240 LITERACY INTIATIVES XI 0.00 28,797.83 242 N. CITY LIBRARY MATCHING FUND 0.00 74.03 246 WINGS GRANT 70,569.00 70,569.00 247 LITERACY SERVICES I 58,488.00 58,488.00 248 LITERACY INITIATIVES XII 0.00 171,122.00 250 NEW FIRE STATION CONSTRUCTION 5,997.18 6,889,440.18 251 CLLS AMERICORPS LSTA GRANT I 1.4,000.00 58,550.00 253 RECREATIONAL ACTIVITIES FUND 192.77 3,775.18 255 LOCAL LAW ENF BLOCK GRANT FY2003 79,230.00 79,230.00 270 NUISANCE ABATEMENT FUND 135.00 1,618.38 302 CDC PAYMENTS 39,538.85 183,297.64 307 PROPOSITION A" FUND 118,708.00 509,417.48 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 431,175.67 312 STP LOCAL/TRANSNET HIGHWAY . 0.00 -2,513.95 313 GRANT-CMAQ • 150,507.00 150,507.00 316 CALIFORNIA ENERGY COMM GRANT 0.00 8,320.00 343 STATE -LOCAL PARTNERSHIP 0.00 -802.58 552 TDA 11,046.73 755,614.20 • 626 FACILITIES MAINT FUND 0.00 217,58 P21 FUND NO. MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING DECEMBER FUND TITLE DECEMBER YTD.DECEMBE 001 GENERAL FUND 2,085,385.91 9,768,506.71 104 LIBRARY FUND . 91,768.62 443,528.30 105 PARKS MAINTENANCE FUND 70,772.90 321,367.74 109 GAS TAXES FUND 2,985.62 348,097.73 110 EMERGENCY PREPAREDNESS FUND 0.00 1,062.50 111 P.O.S.T. FUND -209.00 7,007.22 113 CULTURAL ARTS FUND 1,688.00 1,688.00 125 SEWER SERVICE FUND 93,593.26 2,675,649.02 130 EMT-D REVOLVING FUND 0.00 10,240.35 131 ASSET FORFEITURE FUND 5,401.35 13,507.62 135 SD COUNTY REG AUTO THEFT TASK 10,365.63 41,826.23 136 TINY TOT CLASSES FUND 227.23 799.22 147 GRANT -JUDGE PROGRAM 9,314.21 40,397.07 154 STATE PUBLIC LIBRARY FUND 8,242.48 21,248.48 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,163.45 5,442.99 172 TRASH RATE STABILIZATION FUND 6,224.50 39,421.20 173 NATIONAL SCHOOL DIST CONTRACT 5,214.81 22,980.06. 174 SWEETWATER SCHOOL DIST CONTR',C 9,440.84 42,795.35 188 GRANT - HIDTA 15,499.32 60,125.66 189 CIVIC CENTER REFURBISHING 8,582.39 23,885.73 191 STOP PROJECT 9,872.74 48,759.94 192 LEASE ESCROW FUND 0.00 30,000.00 196 CAPITAL PROJECT RESERVE 270.00 17,132.09 198 PROPERTY EVIDENCE SEIZURE 0.00 861.99 200 30TH STREET CLEANUP FUND - 1304 0.00 312.00 201 NCJPFA DEBT SERVICE FUND 0.03 372,522.37 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 0.00 1,542.18' 211 SECURITY AND ALARM REGULATION FUND 5,189.54 20,261.83 212 PERSONNEL COMPENSA-PION FUND '128,400.52 384,091.70 216 FULFILL GRANT 0.00 29,326.51 222 WOW MOBILE GRANT FY 2000-2001 8,018.95 52,718.18 225 ENGLISH LANGUAGE LITE:R.ACY INCENTIVE E:LLI 136.30 7,374.65 227 CLLS MATCHING FUNDS 0.00 132.55 229 CLEEP GRANT 0.00 21,821.60 230 ABANDONED VEHICLE ABATEMENT GRANT 7,814.42 47,571.96 231 HOUSING PILOT PROGRAM 9,011.66 37,874.05 236 FIRST PEOPLES GRANT 0.00 40,768.89 237 LEARN @ NCPL 3,991.40 61,457.03 238 VIDEOCONF.COMM. OF PRACTICE GRANT 0.00 18,625.30 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 - 0.00 21,225.00 240 LITERACY INTIATIVES XI0.00 64,543.19 241 NATIONAL CITY LIBRARY STATE GRANT 5,280.60 152,863.67 242 N. CITY LIBRARY MATCHING FUND 2,843.40 276,942.59 246 WINGS GRANT 67,722.53 196,350.51 247 LITERACY SERVICES 'I 3,526.15 . 3,707.77 248 LITERACY INITIATIVES XII 33,486.88 242,348.30 250 NEW FIRE STATION CONSTRUCTION 126,544.20 333,203.24 251 CLLS AMERICORPS LSTA GRANT l . 3,100.22 11,945.21 252 AMERICORPS/CNCS GRANT 12,638.99 19,800.33 253 RECREATIONAL ACTIVITIES FUND 321.96 1,713.55 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 1,867.90 1,867.90 301 GRANT-C.D.B.G. 115,901.94 361,198.93 302 CDC PAYMENTS 56,639.47 253,174.03 307 PROPOSITION A" FUND 13,413.80 ,700,349.16 308 GRANT -HIGHWAY BRIDGE REHAB . 0.00 8,939.84 312 STP LOCAL/TRANSNET HIGHWAY 382.54 7,888.16 313 GRANT-CMAO 0.00 96,360.33 343 STATE -LOCAL PARTNERSHIP 0.00 1,240.68 345 TRAFFIC CONGESTION RELIEF 0.00 191,659.14 552 TDA 125,946.14 872,064.77 626 FACILITIES MAINT FUND 139,887.86 647,293.00 P22 FUND NO. FUND TITLE DECEMBER YTD.DECEMBE 627 LIABILITY INS. FUND 59,721.51 865,835.20 628 GENERAL SERVICES FUND 30,926.13 99,648.99 629 INFORMATION SYSTEMS MAINTENANC 45,397.44 135,276.38 630 OFFICE EQUIPMENT DEPRECIATION 0.00 93,275.61 631 TELECOMMUNICATIONS REVOLVING 21,651.04 114,240.73 632 GENERAL ACCOUNTING SERVICES 58,570.69 262,480.76 633 UNEMPLOYMENT INSURANCE RESERVE 0.00 11,911.92 643 MOTOR VEHICLE SVC FUND 56,841.03 341,260.67 TOTAL ALL FUNDS 3,580,979.50 21,473,341.56 P23 Date City of City ' ' POO|8d Investment Transactions Report For the Month 0fDecember 2003 Description |nstitution Ref. No. Amount Beginning Balance 24.237,879.4I I2/0'O3 Withdrawal LA|F 53131I (500,000.00) 12/04/03 YViLhdrovva| LA|F 887908 (600,000.00) 12/09/03 Deposit LA|F 325188 800,000D0 12/15/03 Deposit LAiF 950736 600,000.00 12/17/03 Withdrawal LA|F 220I72 (600,000.00) 12/18/03Deposit LA|F 770666 I,200'000.00 12/29/03 Deposit LA|F 950665 1.500.000D0 Ending Balance 26,637,879.41 .P24 Pagel MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council authorizing the Mayor to execute a Mills Act contract for 1433 East 24th Street (Applicant: James Ladd) (Case File M-2003-3) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION In May of 2002 the City Council authorized a Mills Act program for historic properties on the City's adopted "List of identified Historic Sites in National City". Three properties have been included in the program. The property owner of 1433 East 24th Street, the Dickinson / Boal House built in 1887, is requesting a Mills Act contract. It is currently maintained as a residence and is in the RS-1 (Single -Family Residential) Zone. Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. The County Assessor's office estimates that there will be a tax reduction of roughly 39%, or $1781.86 annually based on the current value. This would result in a reduction of approximately $179 Annually in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained The National City Historical Society provided comments in support of the contract. • X Categorical Exemption Environmental Review N/A MIS Approval Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $179. Approved B Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Location Map 3. Draft Contract A -zoo (r4y.7 DC and National City Historical Society comments 5. Application, including site photos 6. Notice of Exemption 7. List of current Mills Act properties RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 1433 EAST 24TH STREET APPLICANT: JAMES LADD CASE FILE NO. M-2003-3 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 1433 East 24th Street. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 25�5 512 525 2522 1 2.525 DICKINSON/BOAL HOUSE Mills Act contract for Dickinson/Boal House at 1433 E.24th Street Los Palmas Park 100 0 100 Feet ZONE BOUNDARY ®.m M-2003-3 NATIONAL CITY PLANNING DRN. DATE 4/2/04 INITIAL HEARING: 4/20/04 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 561-350-13-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 1433 East 24th Street THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and James Ladd ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 561-350-13-00, and located at the street address 1433 East 24th Street, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a penult for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2/16/04 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 2/16/04 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on , 2004, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary `of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal s mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2/16/04 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): James Ladd 1433 East 24th Street National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic' Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications; or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 2/16/04 g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: By: Nick Inzunza, Mayor Date: Attest: By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney By. (Notarize atur e: Date:--%-)j-- ©� `� By: CCvyu .. £ ff a llil%vyt-alL, (Notarr Signature) ��► titt.4 -Yukylkci .w a a. .o a. " a. as .w JANICE E. MARTINELLI Commission it 1349443 Notary Public - California San Diego County My Comm. Expires Apr 6, 2006 OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 2/16/04 Exhibit A Restoration and maintenance plan for 1433 East 24`h Street: 1. Re -pave driveway with pressed brick. 2. Wood repairs as necessary on exterior of house and porches. 3. Repaint exterior of home as per appropriate period. 4. Wrought iron fence and gates. In addition, the property owner agrees to the following: 1. Remove external stairwell on east side of house and attached ramp. 2. Repair porch and balcony railings to original condition. 7 Mills Act Contract 2/16/04 August 15, 2003 FROM: lLV v y 1lFi�y l 0 0v\-/ City of National City Plannin , Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 OGER G. POST ® DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT TO: Community Development Commission N tipnal Cily Hxs rxcd1 _Commission SUBJECT: Case File No: M-2003-3 This Mills Act Contract Application has been submitted for consideration for the property at 1433 E. 24th Street. This address is developed with the Dickinson -Boat House, which was built in 1887. The home is locally designated as a significant historical structure. Please submit your comments or recommendations on the proposed project by August 22, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. '@3iry 1 Andrew Hoskinson Associate Planner No comments - w o Uf nc,s --a y( 67,O Recycled Paper a o+ August 15, 2003 FROM: TO: City of National City Planning Depart ent 1243 National City ,Ivd., National City, CA 91950 (619) 336-4310 OGER G. POST - DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT Community Development Commission National City Historical Society SUBJECT: Case File No: M-2003-3 This Mills Act Contract Application has been submitted for consideration for the property at 1433 E. 24th Street. This address is developed with the Dickinson-Boal Hor:e, which was built in 1887. The home is locally designated as a significant historical structure. Please submit your comments or recommendations on the proposed project by August 22, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4313. Thank you. (ItIrt Andrew Hoskinson Associate Planner No comments NATIONAL CITY, CALIFO'_ CIA MILLS ACT CONTCT APPLICATION File application with: National City Planning Depaituient 1243 National City Boulevard National City; California 91950 (619)336-4310 Make checks payable to the City of National City PROPERTY DESCRIPTION: F Street Address: ��s1 ej C) � "► 3?} � � � � � � � Assessors Parcel Number(s): 9o5o pa SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: COPS-', %> ad) Name: Address: Property owner's signature: Phone: Date: k-_ pirkinson/ oat I anion 18B7 Bed & Breakfast Inn LQcikagikto Ss2, z� u)no tams rnQ-erss .4 cater «c emu- a-L3i) )flev\Sx Jn5ssi> - 5) L0591/44(611- aezz'\ 1433 East 24th Street • National City, CA 92050 • (619) 477-5363 DIC < is SON®BOAL HOUSE ® 1887 1433 Rat 24th Street This elegant Queen Anne e was built for Colonel William Dickinson who came to National City and purchased 40 acres on which to build this house overlooking the bay. Mrs. Die ' on chose this land herself and work was begun at once on the $20,000 home — a fortune at the time. Comstock & Trotsche the architectural Erni who built Jesse Shepard's Villa Montezuma were chosen to desi 4# the house. Dickinson aged the San Diego I. , and Town Company, the real estate arm of the California Southern Railroad, and is credited for developing Chula Vista, the Sweetwater Dam and the National City and Otay Railroad. In 1888 the Dickinson's daughter Mary married Jotrrn Boil of Topeka Kansas, and came to live in the Dickinson home. It was the matter fors «i • t activities in National City ... the newspaper reported many happy rties were held in the third story ballroom. T'>>= 18-room house oon s a carved stairway of back walnut, many exquisite witsdbws of stained glass and elegant carved mantels with Victorian tide surrounds. Typical of the Queen Anne style numerous architectural motifs are represented on the exterior, including the Tudor 'half timbering" in the gables, the Colonial palladi,;, windows in the gable of the roof, and Greek columns surrounding a window on the second story west side. From the upper windows is a t f =d view of the Pacific JUL-23-03 10:27AM FROM- J T-924 P.002/002 F-694 Pagc 1 Order Np. 28121 229 ALL OF LOT 5 OF SARAH C, KIMBALL`S 'UHDIVISION OF FORTY ACRE LOT 3 IN QUARTER IN • T1iE CITY OP STATIONAL CITY, COUNTY OF SAN S TO MAP Tk3EREOF NO. 584, FILED IN TEE DIEGO COUNTY; AND T� 35CRIP'T'1ON SECTION 13: OP RANCHO DE LA NACION, DIEGO, STATE OF CALIFORNIA, ACCO12DI1 OFFICE OF ':HE COUNTY RECORDER OF SA] ALSO TiE SOUTHERLY RALF OP THAT POR' LOT 5 TO TIE NORTH, VACATED EY RESO'. OF NATIONAL CITY NO. 72, AND ADOPTE] ALSO THAT I?ORTION OF PALM AVENUE VA' OF THE CITT OF NATIONAL CITY, DATED EAST; AND EXCEPTING THEREFROM THAT PORTION OF BEGINNING AT THE SOUTE'WESTERLY CORN SOUTHERLY ;,INE OF SAID LOT $, A DIS BEGINNING; THENCE NORTHERLY AT RICH R DISTANCE: OF 110 FEET TO A 150INT; LINE, A DISTANCE OF 152.50 FEET, MO EASTERLY LINE OF SAID LOT S; THENCE LOT 5, A DISTANCE OF 110 FEET, MORE THEREOF; THENCE WESTERLY ALONG THE 1$2.50 FEET, MORE OR LESS, TO THE T ALSO EXCEPTING FROM SAID LOT $ THE FROM SAID PARCEL THE WESTERLY 125 F STREET. Ste" °� A s� ION OF TWENTY-THIRD STREET ADJOINING SAID UTION OF THE BOARD OF T12USTEES OF THE CITY BY ORDINANCE NO. 2B1 ON JUNE 1, 1909; AND AT'hL BY RESOLUTION NO. 2026 OF THE COUNCIL MARCH 21, 1939, A➢JOINING SAID LOT 5 TO THE LOT 5. BOUNDED AND DESCRIBER AS FOLLOWS. R OF SAID LOT S; THENCE FASTERLY ALONG THE ANCE OF 427.50 FEET TO THE TADS POINT OP ' ANGLES TO THE SOUTHERLY LINE OF SAID LOT 5, HENCE EASTERLY AT RIGHT ANGLES TO AFORESAID E OR LESS, TO THE INTERSECTION WITH THE SOUTHERLY ALONG THE EASTERLY LINE OF SAID OR LESS, TO THE SOUTHEASTERLY CORNER ;OOTHERLY LINE OF SAID LOT 5, A DISTANCE OF ;UE POINT OF BEGINNING; AND IESTERLY 125 FEET THEREOF AND ALSO EXCEPTING 1ET OP VACATED SOUTHERLY HALF OF TWENTY-THIRD D*4pxiptione San Dieg®,CA Doo.rmmt-Year.DocID )03.131893 Pager 19 of 19 Jul. 30 03 09c4.1e Janice Martinelli : G194773758 613-474-3855 P3 p.2 FROM : aR l agiL3J flL- i„ 28122222-44 - AYS JANES L. LADO LA33 ASS 24'i4I mom aATI0101L CITY. CA 91950 guL TAR RANT A9 6 341 Jul. 23 21223 12:19P T 091 P-not/01 tIB 7 DOC # 2003-0131892 FEB 05 a 2003 8 : 00 AM IRBIL MIS SW MOW On ME 3. 1141i. FEW 30.63 SRA= Aeoai Sits Lai Rla AsCORStesd EGA Dooygatasy Transfer Tax 3 42` pU Computed on full valve of property conveyed, OR t) CoePlea4 on full eat* lose liens or gooses renslaioy x ties of sale Signature of Deelera t oc dawrsiaiag sax -Piro Same CONE An A hereby 3A3Wtte) TO net is RY7 DI000 Cototr. stets of California. described deb OF Mad C. 3D tea* a °II aUe0lVloacm or ram tar LOT Zii�..-. •s i86TIM I33 DR LA 1A1i0i1. I11 TM! Crrr OF lATICIOU. CIS% COt*VTl OF SAS DXYOD, STATE OF TO MAP AO. Sr, FUND m M ODIC/ OF roc Warn AIICOt 43' SAW DISSO OCO TVi AID ALMO VET ' -"` RALF Mini c e .: OF T I TY-TBLSD IITiEEr ADJOINi=Y,) LAID LOr S TO INN roam oactT1p etASAMAITOW Or tee e0A1m 0r T1U T = or tea Car 0X 1014I011.L cXTY NO. !I. !WD ACON= AY ORD AaCe 110. iei O/ awe 3. tea9/ A. ALIO 122L5 POWi'Ot Cr PAIN 11isAA nano 1Y II$0RJ7:SQi lb. Op CI'rr, PAM 101171 21, 197l, AOJOMq SAID Mae rally , co !Strote ? dlv a hereto Dated: denuaiy te. 2003 tam m min as ierSINSO O1ta9S mesa . receipt of shish Le kereby acknowledged: d111B TIMM AS AIS Mae) MAW AS .;, ma MD IIY t Tee toy ps 1a*(a) Woe aeeeirl that etowtj y ...rote m .. I 'iutelic - X••cte) as the eea^eeets! acted. I M' head and ollioiel real. difeetsre baste or satisfactory widows) to he the 10 the Within inattasynt end ae)mwladg4 to ee r/their autloflrsd capecityfieade earl tool ay the inetratbotos+ sow or she amity .era behalf of Southwest corner of Dickinson/Boal House Front of Dickinson/Boat House Front of Dickinson/Boal House showing access ramp on the east side City of ational City Planning 9 epartment 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. M-2003-3 Project Location: 1433 East 24th Street Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 1433 East 24th Street, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of the DickinsonBoal House, a locally designated historical structure. Applicant Name and Address: James Ladd 1433 East 24`h Street National City, CA 91950 Exempt Status: Telephone Number: (619)477-3133 ❑ Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) n Not a project as defined in Section 15378 of CEQA n Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: Martin Reeder, Planning Technician ei Recycled Paper MILLS ACT CONTRACT APPLICATIONS APN Location Applicant Case File No. Status 669-060-24-00 Wellington Estate 3600 E. 8th Street Moncrieff Family M-2002-1 Under contract 556-471-11-00 Brick Row 926 A Avenue Janice Martinelli M-2002-2 Under contract 561-181-04-00 Floyd Home 1941 Highland Avenue Celia, Josefina Hernandez M-2002-3 Under contract 556-471-09 Brick Row 916 A Avenue Jeannette Salazar M-2003-1 Pending 556-471-12 Brick Row 928 A Avenue Jeannette Salazar M-2003-2 Pending 561-350-13 Dickinson/Boal House 1433 E. 24th Street Jim Ladd M-2003-3 Pending 556-471-15 Brick Row 940 A Ave./45 E. Plaza Blvd. Janice Martinelli, M-2003-4 Pending 556-472-15 Brick Row 907 A Avenue Louise Branch M-2003-5 Pending City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 2004 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council authorizing the Mayor to execute a Mills Act Contract for 907 A Avenue (Applicants: Louise Branch and Linda Romiguiere) (Case File M-2003-5) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION In May of 2002 the City Council authorized a Mills Act program for historic properties on the City's adopted "List of identified Historic Sites in National City". Three properties have been included in the program. The property owners of 907 A Avenue, the Elizur Steele/Crandall-Ennis House, built in 1879, are requesting a Mills Act contract. It is currently occupied by an artist's studio and gift shop, and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. The County Assessor's office estimates that there will be a tax reduction of roughly 14%, or $285.24 annually based on the current value. This would result in a reduction of approximately $29 Annually in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. Environmental Review X fi/A Categorical Exemption MIS Approval Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $29. Approved By: , • Fi ance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below ) 1. Resolution 2. Location Map 3. Draft Contract a -zoo (aes/.75 I C and Nati nal City Hist rical S ciety c mments Resolution No. 5 Application, including site photos 6. Notice of Exemption 7. List of current Mills Act properties RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 907 "A" AVENUE APPLICANT: LOUISE BRANCH AND LINDA ROMIGUIERE CASE FILE NO. M-2003-5 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 907 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney e e r� e e e e e e e e e e e e e ®® - e a .. e e e 9�g e 9�Q ®e e 935 ELIZUR STEELE/CRANDALL ENNIS HOUSE Minis Act Contract for 907 A Avenue at Brick Row NATIONAL CITY PLANN I N 50 0 50 Feet ZONE BOUNDARY — ,m ®� DRN. D;?,TE: 4/7/04 INITIAL M-2003-5 HEARING: yE 4/20/04 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 556-472-15-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 907 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Louise E. Branch & Linda E. Romiguiere ("OWNERS"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-472-15-00, and located at the street address 907 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Depaitinent of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2/16/04 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to famish City with any and all information requested by City which City deems necessary or advisable to deteiniine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations goveming historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on , 2004, and shall remain in effect for a teini of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial teini will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the tennis of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2/16/04 To City: To Owner(s): Louise E. Branch & Linda E. Romiguiere 907 A Avenue National City, CA 91950 City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of''Yus or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic' Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 2/ 16/04 g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: c,5 — /', - 0-1 By: Nick Inzunza, Mayor Date: Attest: By: /& eiLut,n �� j (Notarized Signature) Title: Cum Date: � G✓'c e.k /6-7 By di €ram - (Notarized Signature) Michael R. Dalla, City Clerk Title:( u..)/11 Date: Approved as to form: By: George H. Eiser, III City Attorney JANICE E. MARTINELLI Commission # 1349843 Notary Public - California y=z San Diego County My Comm. Expires Apr 6, 2006 OWNERS PLEASE HAVE NOTAIRY PUBLIC ATTACH A SEPARATE PRO OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 2/ 1 6/04 Exhibit A Restoration and maintenance plan for 907 A Avenue: 1. Re -roof. 2. Replace porches and handicap ramp. 3. Replace fascia boards. 4. Repair and replace gutters. 5. Repair water damaged ceiling on second floor. 6. Paint exterior. 7. Repair heating and air conditioning system. 8. Install electric gate. 7 Mills Act Contract 2/16/04 CO �, City = f atli n& City � ' Pan ing Department NOV pv 1243 National City lylvd.., National City, CA 91950 (619) 336-4310 omrr€��rriiy RODE? G. POST - [I ECTO 'evelopment Cam y November 21, 2003 FROM: C Y OATION,L. CITY PLANNING DEPARTMENT TO-Cf °.' 4�, �7 MFNT MMI ION NATIONAL CITY HISTORICAL SOCIETY SUBJECT: Case File No: M-2003-5, Mills Act Contract Application for 907 A Avenue. This Mills Act Contract application has been submitted for consideration for the property at 907 A Avenue. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposed project by December 2, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below and return this notice with the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. Martin Reeder Planning Technician No Comments Piney November 21, 2003 FROM: TO: 1300 ` t. a M o-P0 F City !T at on Cr y 1243 National City EEvd., National City, C , 91950 (619) 336-4310 10 OGER G. P ST = DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL-S,OCi.t+T SUBJECT: Case File No: M-2003-5, Mills Act Contract Application for 907 A Avenue. This Mills Act Contract application has been submitted for consideration for the property at 907 A Avenue. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposed project by December 2, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below and return this notice with the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. Marlin Reeder Planning Technician No Comments l' i" LG✓L( C� - NATION. g , CITY, CALIFO ILLS ACT CO CT `PLICATION File application with: National City Planning Department 143 National City Boulevard National City, California 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number 4A- — 3 - Filing Fee $ 17 2 Receipt No. Date Received i l (a-1(o3 By kJ\A-y\-rt`N Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: 907 "A'! Avenue, National City, Cao 91950 Assessors Parcel Number(s): 5 5 6 - 477 - 15 - 00 SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name:Louise E. Branch and Linda E. Romiguiere Address: 23 "H" Street -West, Chula Vista, Ca. 91910 Phone: (619) 477 - 1424 Property owner's signature: Date: 1 1-2f-n3s SUBMITTAL REQUIREMENTS: A. A general maintenance/restoration plan for the structure (any prior restoration activities may be included). ...Reroof ...Replace porches and handicap ramp ...Replace facia boards ...Repair and replace gutters ...Repair water damaged ceiling on second floor ...Paint exterior ...Repair heating and air conditioning system ...Install electric gate B. A description of the structure and its historic value. The Elizur Steele, Crandall -Ennis House was built in 1879 by Elizur Steele, a well-known builder and citizen of National City. Elizur Steele, architect and builder, came to San Diego from Vermont (born 1825). He invested in National City in 1874, purchasing land and joining Elijah Valentine as a real estate agent for the Kimball brothers. Elizur and his brother, John B. Steele, built approximately twelve houses in the National City area in the 1870's and 1880's: "All Steele houses were along straight, severe lines at first," then Steele "made radical changes in construction plans." Kimball brick was used in the construction of some of the houses. The Steele brothers were also responsible for the construction of the Steele Block at the comer of 8th Street and National Avenue. Elizur Steele was also known as a rancher with fourteen acres of land in Paradise Hills, east of National City. In 1884, he purchased 1,700 acres of Rancho Jamacha to the east to divide for settlement. Elizur Steele died at the age of 74 on December 22, 1899. Two Monterey cypress trees which once stood in front of the Steele house, originally located at 904 East 8th Street, gave it the name "El Cipres." The house, originally built of redwood, had twelve rooms and a shingled third floor tower. An original stone cistern still remained at the house before it was moved to Heritage Square in December, 1977. In 1883, Elizur Steele had sold the house to Charles F. Blossom, a partner in the merchandising firm of George H. Parsons. The house was subsequently owned by Frederick Adam Crandall in the 1920's. Born in 1860, Crandall came to San Diego from Illinois in 1911 with his wife Sarah. A realtor, Crandall also served as a City Trustee and for several years was treasurer of the Fairmont Baptist Church. Sarah Crandall, a worker in the Baptist Church, died at the age of81in1941. For many years after the Crandalls owned the "old Steele House," it was the home of Mrs. Florence Ennis. Florence Ennis was born in 1879, a native of Salt Lake City, Utah. She was a resident of,San Diego and National City since 1909. She died at age 87in1866. In 1977, then Elizur Steele, Crandall -Ennis House was donated to the City of National City by George Matheson and it was moved to its new location in Heritage Square. The house has been restored to accommodate store and office spaces. C. Photo of the structure. Enclosed. D. Legal description of the property. PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 5545 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 9, 1977, SAID PARCEL MAP BEING A DIVISION OF LOTS 1 THROUGH 8 IN BLOCK 2 OF W. C. KIMBALL'S SUBDIVISION OF TEN -ACRE LOT 2, QUARTER SECTION 154, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1887. E. A COPY OF A DEED VERIFYING PROPERTY OWNERSHIP Enclosed. RECORDING REC ESTER BY: COAST TITLE CC; -- AND WHEN RECORDED, MAIL TO: LINDA E. RO'.IIGUIERE 23 H STREET NEST CHULA VISTA„ CA 91910 ASS P7 EL 5 %`2: -ice TITLE ORDER NO.: 9602308-M ._- ESCROW NO.: 23098-B -_- A 402 \ The undersigned Grantor(s) declare(s) that the DOCUMENT TRANSFER TAX IS; County $ ____ City Xx computed on the full value of the interest of property conveyed, or computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale — C; i transfer is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WEST END FINANCIAL CORP. hei;eby'GRANT(S) to LINDA E. ROMIGUIERE, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 1/2 INTEREST; AND LOUISE E. BRANCH, AN UNMARRIED WOMAN AS TO AN UNDIVIDED 1/2 11 all that real property situated in the City of NATIONAL CITY AS TENANTS IN COMMON County of sAN DIEGO , State of California, described as: PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 5545 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 9, 1977, SAID PARCEL MAP BEING A DIVISION OF LOTS 1 THROUGH 8 IN BLOCK 2 OF W. C. KIMBALL'S SUBDIVISION OF TEN -ACRE LOT 2, QUARTER SECTION 154, RANCHO DE LA NACION, IN fhE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105, FD IN THE OFFICE O F THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1887. / Dated _ May 29, 1996 ..ter , , IS.r ,.l' 1A __ — — COUNTY OF $Add l47 On MAY; 3°j'g`�� aIN1ics N , before me Nopg A A. , Notary Public, personally appeared 71/a14 l9tlW1) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacid'y(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se�a9" MAIL TAX STATEMENTS TO: LINDA E, ROMIGUIERE-23 H.STREET WEST, CHULA VISTA, CA 91910 Signature 1,990-0274299 3 — Y-1996 O1®41 ' OFFICIAL RECORDS SAN DIED COUHTY RECORDER'S OFFICE GREGDRY SMITH 9 COUNTY RECORDER RF a 5. 00 FEES: 172. 00 AF; L DO DC 11F: L OD TAX: 1165. 00 IRIS SPACE FOR RECORDERS USE ONLY WEST z Dec. 6.1974 LIF HOPE A. SONNIKSEN COMM, # %9a2s Notary Public - Ca?ii0.-,'.ir. ' SAN DI€G0 COUNTY €? ' My Cc mm. E:poires MAR 24. 1997 r'• (rah area for official rotary sear Front of Elizur Steele/Crandall Ennis House ,5 • , ° Li r Southwest corner of Elizur Steele/Crandall Ennis House North side ofElizur Steele/Crandall Ennis House City of National City Manning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. M-2003-5 Project Location: 907 A Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 907 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of the Elizur Steele/Crandall Ennis house, a locally designated historical structure. Applicant Name and Address: Lousie Branch & Linda Romiguiere 23 H Street West Chula Vista, CA 91910 Exempt Status: n n Telephone Number: (619) 477-1424 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 31, Sectio15331 (Historical Resource Restoration/Rehabilitation) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: w Martin Reeder, Planning Technician MILLS ACT CONTRACT APPLICATIONS APN Location Applicant Case File No. Status 669-060-24-00 Wellington Estate 3600 E. 8th Street Moncrieff Family M-2002-1 Under contract 556-471-11-00 Brick Row 926 A Avenue Janice Martinelli M-2002-2 Under contract 561-181-04-00 Floyd Home 1941 Highland Avenue Celia, Josefina Hernandez M-2002-3 Under contract 556-471-09 Brick Row 916 A Avenue Jeannette Salazar M-2003-1 Pending 556-471-12 Brick Row 928 A Avenue Jeannette Salazar M-2003-2 Pending 561-350-13 Dickinson/Boal House 1433 E. 24th Street Jim Ladd M-2003-3 Pending 556-471-15 Brick Row 940 AAve./45 E. Plaza Blvd. Janice Martinelli M-2003-4 Pending 556-472-15 Brick Row 907 A Avenue Louise Branch M-2003-5 Pending MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council authorizing the Mayor to execute a Mills Act contract for 940 A Avenue / 45 E. Plaza Blvd. (Applicant: Janice Martinelli) (Case File M-2003-4) RogerG. Posstt,336-4310 Planning PREPARED BY g DEPARTMENT EXT. EXPLANATION In May of 2002 the City Council authorized a Mills Act program for historic properties on the City's adopted "List of identified Historic Sites in National City". Three properties have been included in the program. The property owner of 940 A Avenue / 45 E. Plaza Blvd., on the southern end of Brick Row, is requesting a Mills Act contract. It currently functions as two living units and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list as well as the National Register. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. The County Assessor's office estimates that there will be a tax reduction of roughly 47%, or $1,085.53 annually based on the current value. This would result in a reduction of approximately $109 annually in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained Environmental Review X Itl/A Categorical Exemption MIS Approval Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $109. ;— r Approved By� /; :e-- Finance Director Account No. - STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 5. Application, including site photos 2. Location Map 6. Notice of Exemption 3. Draft Contract 7. List of current Mills Act properties a -zoo (1 CDC nCDC and Nati nal City Hit rical S ciety c mIn n+s RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 940 "A" AVENUE/45 EAST PLAZA BOULEVARD APPLICANT: JANICE MARTINELLI CASE FILE NO. M-2003-4 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 940 "A" Avenue/45 East Plaza Boulevard. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney - SUBJECT PROPERTY IN BRICK ROW - ZONE BOUNDARY Mills Act contract for 45 East Raze Blvd. at Brick Row g3° ® -® volo Vol 30 60 Feet M-2003-4 NATIONAL CITY PLANNING DRN. DATE: 4f7/04 INITIAL HEARING: 4/20/04 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) 556-471-15-00 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 45 East Plaza Boulevard THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-15-00, and located at the street address 45 East Plaza Boulevard, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary' of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2/16/04 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 2/16/04 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on , 2004, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the `renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2/16/04 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 To Owner(s): Janice Martinelli 45 East Plaza Boulevard National City, CA 91950 12. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e, This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner' s behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 2/16/04 By: / ,'M s' tOi (Notari jed Signature) Title: Deft/LA , Date: By: (Notarized Signature) Title: ..-a--a-.� aAIL -- LOUISE BRANCH Commission # 1387300 Approved as to form: j ? NolarY Public • California y� Ley� «+? snnDl.00 N Mreonn.6pia Nov26, 204 Le..'wvL-��iU OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NO TAR Y PAGE WITH SIGNATURE AND SEAL g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: g._ 04, By: Nick Inzunza, Mayor Date: Attest: By: Michael R. Dalla, City Clerk Date: By: George H. Eiser, III City Attorney 6 Mills Act Contract 2/16/04 Exhibit A Restoration and maintenance plan for 45 East Plaza Boulevard: 1. Replace needed wood on exterior and interior. 2. Paint and re -do exterior to original condition leaving all existing windows and woodwork. 3. Repair porch and railings. 4. Re -roof. 5. Paint and repair interior. 7 Mills Act Contract 2/16/04 November 21, 2003 TO: City of National City Planning Department 1243 National City 'tiivd., National City, CA 91950 (619) 336-4310 ROGER G. POST o. DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY SUBJECT: Case File No: M-2003-4, Mills Act Contract Application for 45 E. Plaza This Mills Act Contract application has been submitted for consideration for the property at 45 E. Plaza Blvd. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposed project by December 2, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below and return this notice with the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. Martin Reeder Planning Technician No Comments Recycled Paper ary too , City of National City r` "� Planning Department 1243 National City Blvd, National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR O November 21, 2003 FROM: TO: CITY OF NATIONAL CITY PLANNING DEPARTMENT COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY; SUBJECT.: Case File No: M-2003-4, Mills Act Contract Application for 45 E. Plaza This Mills Act Contract application has been submitted for consideration for the property at 45 E. Plaza Blvd. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposed project by December 2, 2003. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your.department or agency administers. If you have no comments regarding the project, please check and sign below and retum this notice with the enclosed plans. If you have any questions, please contact me at 336-4311. Thank you. Martin Reeder Planning Technician x No Comments D,np. NATIONAL CITY, CALIFO' 4IA MILLS ACT CONT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 CT FOR DEPARTMENT USE ONLY Case Number Filing Fee $ 17 3 - Receipt No. -7 ( 1 Lt U4 Date Received l I hl l 0 3 By lJ3 Make checks payable to the City of National City PROPERTY DESCRIPTION:4SdEe151' PLqz-R-' Street Address: Assessors Parcel Number(s): 6 - `K71 SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a.✓A general maintenance/restoration plan for the structure (any prior restoration activities :- may be included) b. A description of the structure and its historic value c. Photos of the structure ✓ d. Legal description of the property, e. A copy of a deed verifying property ownership,'" f. Processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PROPERTY OWNER INFORMATION: Name: 0 (Le, riVrgi Address: Phone: LAA L0-1 A 4111.E Cuu Ci\ llw Property owner's signature: Qv/ Date: l / ted)ec) wl IP - r Janice Martinelli Real Estate 926 A Ave' Cicty, CA 91950-3317 s E?hv--141- &Ltcyq0L0 uz_002Ac giz-/&-P ‘ff`fzL-dle--co00 oP( -e0--er(vz-k-1rkto fLe - 1Q-6-ter I b 12- 1---0 CifY)plt-tbn Le--e)0"\CI Q---k\si-1•(t k„ui\Dok_.,9.S cr\v10 u-='50(-1-)0'tK f$ \n5 (9) ge-Pots-Ve 61 -4774122 (of 9 dy) \i.0,A77,11 61.9 -3,38 -538 8 CF-7.(24e4./, 619 -*74-3859 (F04) G -27'02(TUE) 09 33 PVH FOU T10P BR1CICROW — '916, 926, 934 A Avenue Desi by San Diego architect R. C. Ball (who also designed Folsom Prison), the 13rick Row was constructed by Frank Kimball in 1887 for $30,000 at a time when the whole area was in an economic boom. The architeetural style is unique to this region as it was modeled after the row houses of Philadelphia and similar eastem cities. These 10 individual row houses were built to be used by the executives of the Santa Fe Railroad and it was hoped that the rail 4. . elite would not only feel at home surrounded by familiar architecture but also be impressed at the cosmopolitan appearance of the young Each adjoining house has a fo 44, dining room with fireplace, a kitchen, a parlor city. with fireplace, a butler's pantry 4 four Gores upstairs, as well as an enclosed back yard. The units open into an wily hall with oak stairs and banisters. On November 26, 1887 Frank 4 4'1 1-wrote in his diary, "Let coL t to build and complete ten flights of stairs in my new hcruses. to Mr. Thorne of San Diego for $625. Rails, newels and balusters to be of oak and finished in first class style." The floor plans are L-shaped with the plan reversed for every other emit to form U-shaped backyards. Twelve -inch thick interlode'441 brick wets divide each Unit the bricks were produced in the Kimball brickyards. The brickwork was laid with an artistic eye to break the severe lines of the long walls. Ornamental brick chimneys ori naily ;ii. imed the front of the building, but most- of• have since been removed. The kitchen chimneys are still located at.the rear. A one-story wooden porch runs the 1 of the building with wood dividers corresponding to the party well insuring the privacy of e unt Listed on the National Register of' Historic Places the Brick Row now is an integral ,part of N ; eaal CiW's Heritage Square. Bach of the 10 units is privately owned and maintained, however there is a protective covenant on the e so the exterior will always be in keeping with the Victorian mane 'ngs. For this home tour three of the ten units will be open for inspection. 916 A Avenue is owned by Jeannette S who is the director of the WIC Program; 916 is owned by N, ; • City businessw�n1 Janice Martinelli who sells real estate and is currently the president of the National City Historical Society; 934 is owned by Michael ells d his wife .e Kreider, a history teacher at a n y high school. Bach of these., owner serves on tlit'lleira of the Natianal City His,.1 Society_ T-51r P 00Z/002 F-941 NOV-19-03 09:01AM FROM- NG MOUE sotding Requester Tit10 a CS:10111E WollfitttOlittIAND TAX STAT&1dttRr5Tie "Al" Janice Martinelli .warms 926 'A' Avenue r,4 National City, CA 91950 J rthderNoa 172744-07 No. 25466•P C aPmbedNo. 556-471-15-00 October 14, 2008 8 2003-1323342 OCT 31 2003 S z 00 AM 111 GRANT DEED Tbo undersigned declares that the documentary transfer tax is $272.80 and is computed on the full value of the interest or property conveyed. The property is located in the city of National City. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Arthur Joseph Flores, Successor Trustee of the 1994 Bonett Revocable Trust dated May 19, 1994. does hereby GRANT to Janice. Martinelli, an unmarried woman the following described real property in the City of National City, County of SAN DIEGO, State of California: Lot 11 of Block 1 of W- C. Kimball's Subdivision of 10 Acre Lot 2, Quarter Section 154 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map threof No. 105, filed in the office of the County Recorder of San Diego County, March 10, 1987. IffFICIAL SC DIEIMO CONY °+DI,811•'8OFFICE J. SETH, CtI1NiV Rfir ixl' FEES: 2?9.$0 (LE: (C t�ar.0 Arthur Joseph Flores, Successor Trustee of the 1994 Bonett Revocable Trust dated May 1:9,, 1994 STATE OF CALWORNI Cou rror }SS. On ©G. i5-Z_a;t03 before ins, the undersigned Notary -Tit -bite -Li Andd for said State, 7' peraeaally appeared Arthur loeeph Fiona, personally known co sae (or rGood t mo 40 the boats aiief rt.ary o e eon w ose name is scribed. to the wtthiu instrument and a�u awledind to ins the executed be same is anthvriaed capacity, d that by signature oa the inetrument the person, or des on behalf of wtsich an pareaa acted, aaecuted the liiOtrustont, WITNESS ray band and officio! anal. Iner.p FOR NOTARY SEAL OR STAMP -►r - LOME edAe+ci1� Con ranee 11347 Mary Pubic - /dttilego Candy wQ1Mrm.Elms ar?d, _D AS DIRECTED Aso ZDBAAEV.. za17a City of ational City Piannin •: repartanent 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. M-2003-4 Project Location: 940 A Avenue & 45 East Plaza Blvd. (duplex) Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 940 A Avenue & 45 East Plaza Blvd. (duplex), pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Janice Martinelli 926 A Avenue National City, CA 91950 Exempt Status: Telephone Number: (619) 477-1122 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: Martin Reeder, Planning Technician Recycled Paper MILLS ACT CONTRACT APPLICATIONS APN Location Applicant Case File No. Status 669`080-24'00 Wellington Estate 3G00E8thStreet MnnoheffFanoi|y W1'2002'1 Under contract 556-471-11-00 Brick Row 82GAAvenue Janice Martinelli W1-2002'2 Under contract 501-181-04-88 Floyd Home 1941 Highland Avenue Celia, JnaafinaHernandez K8`2002~3 Under contract 558-471'09 Brick Row 91GAAvenue Jeannette Salazar M-2003'1 Pending 558-471`12 Brick Row Q28AAvenue Jeannette Salazar K3^2003'2 Pending 581`350-13 oiokinoun/ooa|*ouoe l433E.24thStreet Jim Ladd K8'2003'3 Pending 558'471-15 Brick Row S48/\Aue}45E.Plaza Blvd. Janice Martinelli M~2083-4 Pending 558'472'15 Brick Row 907AAvenue Louise Branch K8-2003-5 Pending ^ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 2004 14 AGENDA ITEM NO. / ITEM TITLE Resolution to Award Independent Auditing Services of the City and CDC to Conrad and Associates for Fiscal Years June 30, 2004 to 2007 PREPARED BY Marylou Matienzo DEPARTMENT Finance Ext. 4331 Jeanette Ladrido ,, CDC Ext. 4251 EXPLANATION SEE ATTACHED EXPLANATION ♦ Environmental Review N/A Financial Statement ory Staff recommends to hire the services of Conrad and AsAsaci atesd By: Finance Director for the following costs: FY 2003-04 $55,260; FY 2004-05 $56,640; FY 2005-06 $58,065 FY 2006-07 $59,510. Account No. STAFF RECOMMENDATION Staff recommends to hire Conrad and Associates, L.L.P. as the City and CDC's independent audit firm that includes all areas specified in the Request for Proposal. After 14 years of continuous auditing services and the finalization of their contract as of June 30, 2003, the City and CDC will no longer utilize the services of Caporicci & Larson (formerl Calderon, Jaham & Osborn). BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Explanation Exhibit A Resolution Exhibit B Agreement A-200 (9/99) EXPLANATION: With the expiration of our audit services with Caporicci.& Larson, Council directed staff to issue aRequest for Proposal of Auditing Services on September 16, 2003 to cover the fiscal .years ending 2004 to 2007. The Request for Proposal was mailed out to 14 audit finis (Exhibit B) including our prior auditors, Caporicci & Larson which resulted in 6 proposals submitted back to the City (please see attached Exhibit A). Aselection committee made up of the City Finance Director, the City Financial Services Officer and the CDC Financial. Services Officer unanimously selected Conrad & Associates, L.L.P.. to conduct the audit engagement for fiscal years June 30,. 2004 to 2007. Conrad & Associates, L.L.P. was determined to be the most qualified and advantageous in the. City's best overall interest for the following reasons: • Conrad & Associates, L.L.P. have a proven track record in serving Southern California cities, redevelopment agencies, special districts, transit and authorities. • Conrad & Associates, L.L.P. is one of the largest local accounting fuius in Southern California that. specializes in local government auditing employing 83 individuals, including 77 professionals whose perfoiniance in 2002 was in excess. of 75,000 auditing hours for their governmental and non-profit clients. • The film has an extremely high client retention percentage due to their responsiveness to client needs, experienced staffing, timeliness of our services and reasonableness of fees. • In Southern California, they serve as . independent auditors for 46 cities -which include. the Redevelopment Agencies of those cities. • Conrad & Associates, L.L.P.was recently engaged by the National.. City Transit to serve as. independent auditors for the years ended June 30, 2003 to 2007 because of their extensive Transit:', experience. • The fimi currently audits the Housing authorities of the Cities of Santa Monica, Pasadena, Hawaiian Gardens,. Santa Ana, South Gate, Imperial Valley Housing Authority,. Oxnard Housing Authority and the Housing Authority of the County of San Bernardino. The fiuuu also audits HUD Multi -Family Housing Projects, and perfoum attestations on HUD Financial Data Schedules.. • The firm has also performed early implementation in fiscal years 2000-2001 of GASB Statement No. 34 for the Cities of Indian Wells, Orange, Solana Beach, Rancho Santa Margarita and La Quinta. In Fiscal 2002, they further implemented GASB 34 at the cities of Santa Ana, Pasadena, an Bernardino, Newport Beach and Aliso Viejo. In 2003, they have implemented GASB 34 for numerous Redevelopment Agencies, Housing Authorities, Special Districts and National City. • Conrad & Associates, L.L.P. is a quality control firm and one of the few C.P.A. firms that has voluntarily participated in the AICPA peer review program since 1979. Their firm has developed quality control standard and procedures which has been subjected to AICPA standards. They have received an unqualified opinion on the quality control of accounting and auditing practice for each of the peer reviews. The film is licensed and in good standing with the California State Board of Accountancy. P2 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CONRAD & ASSOCIATES TO PROVIDE INDEPENDENT AUDITING SERVICES FOR THE CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the City desires to employ a contractor to provide independent auditing services for the City and the Community Development Commission of the City Of National City; and WHEREAS, the City has determined that Conrad & Associates is a certified public accounting firm 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 on behalf of the City an Agreement with Conrad & Associates to provide independent auditing services for the City and the Community Development Commission of the City Of National City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of April, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CONRAD AND ASSOCIATES, L.L.P. THIS AGREEMENT is entered into this 23rd day of MARCH, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CONRAD AND ASSOCIATES, L.L. P. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide independent auditing services for fiscal years ending June 30, 2004 through June 30, 2007. WHEREAS, the CITY has determined that the CONTRACTOR is a licensed C.P.A. firm, in good standing with the California State Board of Accountancy and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a Revised August 2003 P1 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The Director of Finance hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Michael A. Harrison, C.P.A., and Partner of Conrad and Associates, L.L.P. thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR 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 A (the Base amount) without prior written authorization from the Director of Finance. 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 CONTRACTOR 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 A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 P2 Revised August 2003 The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current 3 Revised August 2003 P3 City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall., at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in. debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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 CONTRACTOR shall 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 CONTRACTOR 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 CONTRACTOR agrees to post in conspicuous 4 Revised August 2003 P4 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 CONTRACTOR certain confidential information to enable the ' CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuriesto, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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 CONTRACTOR under this Agreement. 5 Revised August 2003 P5 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: (� A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 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. 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 CONSULTANT's employees. 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 or material change. 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 CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 CONTRACTOR 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. ment. P6 6 Revised August 2003 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 judgment. 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. 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 shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. 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 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Hans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 7 Revised August 2003 P7 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 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: To the CONTRACTOR: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Conrad and Associates, L.L.P. Michael A. Harrison, Partner 2301 Dupont Drive, Suite 200 Irvine, CA 92612 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 CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it 8 P8 Revised August 2003 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. II If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 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. Entire Agreement. This Agreement supersedes any prior agree- ments, 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. 9 Revised August 2003 P9 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 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 CONRAD AND ASSOCIATES, L.L.P. (Two signatures required for a corporation) By: By: r �, P� jetri44-ev-1 Nick Inzunza, Mayor (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 10 P10 Revised August 2003 Description City audit including GASB #34 ongoing procedures, GANN .limit review procedures and management letter 284 525,560 26,200 26,855 27,525 2. Library portion of City audit (internal controls and audit testing) 16 1,440 1,475 1,515 1,555 3. CDC financial and compliance audit, including GASB 4'34 presentation Kimball Tower portion of CDC audit (internal controls and audit testing) Morgan Towers HUD/A-133 ,.Single Audit, separate audit and .report, electronic submission to HUD A-133 Single Audit of all federal grant programs allocable to: Section 8 Housing Choice Title HI I Nutrition CDBG All other grants EXHIBIT A SECTION OUR HOURLY:RATES AND��AMU FEE TO PERFORM THIS ENGAGEMENT The following is a summary or our fixed fee (including out-of-pocket expense) for performing the audit engagement for the City of National City: Estimated Fiscal Year Ended June 30 Hours 2004 2005 2006 2007 7. Technical assistance throughout the year on Accounting and Tax matters 100 9,000 9,225 9,455 9,695 16 1,440 - 1,475 1,515 1,555 60 5,400 5,535 5,675 5,815. 24 2,160 2,215 2,270 2,330 16 1,440 1,475 1,515 1,555 720 740 755 775 108 12 626 55.50 56,640 58.065 59,510 9,720 9,965 10,215 10,455 P11 E X 1-1 1 I31 T A Name 1. Vasquez & Company 510 West Sixth St., Ste 400 Los Angeles, CA 90014-1315 Ph: (213) 629-9094 Fax: (213) 489-2995 www.vasquezcpa.com Contact Person: Gilbert Vasquez 2. Lance, Soli & Lunghard 203 N. Brea Blvd, Ste 203 Brea, CA 92821 Ph: (714) 672-0022 Fax: (714) 672-0331 www.lslcpas.com Contact Person: Richard K. Kikuchi, CPA 3. Moreland & Associates 570 Rancheros Dr, Ste 260 San Marcos, CA 92069 Ph: (760) 752-3390 Contact Person: Michael Moreland 1201 Dove St, Ste 680 Newport Beach, CA 92660 Ph: (949) 221-0025 proposal to provide Auditing Services Multi -Year Contract 2004 2005 2006 2007 60,000 63,000 66,070 69,374 40,160 41,350 42,600 51,000 53,000 55,000 Special Projects Hourly Rate` 200 150 100 80 153 90 68 63 Partners Managers Senior Auditors Staff Auditors Partners Manager Senior Auditors Staff Auditors Name 4. Moss, Levy & Hartzheim-*** 9107 Wilshire Blvd, Ste 320 Beverly Hills, CA 90210 Ph: (310) 273-2745 Fax: (310) 273-1689 mlhbWpacbell.com Contact Person: Robert M. Moss 5. Diehl, Evans & Company 2965 Roosevelt Ave Carlsbad, CA 92056 Ph: (760) 729-2343 Fax: (760) 729-2234 www.diehlevans.com Contact Person: Harvey J. Schroeder 6. Conrad & Associates 2301 Dupont Dr, Ste 200 Irvine, CA 92612 Ph: (949) 474-2020 Fax: (949) 263-5520 Contact Person: Michael A. Harrison x 291 proposal to provide Auditing Services Multi -Year Contract 2004 2005 2006 2007 44,980 44,980 44,980 44,980 52,200 52,800 53,400 54,000 55,260 56,640 58,065 59,510 • Preparation of State Controllers Report to City & CDC ** Transit Audit *** Fee would be reduced by same % as City reduced if state budget deficit decreases City's revenue Special Projects Hourly Rate 140 110 60 40 Partners Manager Supervisory Staff Clerical 195-205-Partner (04-07) 180-190-Director of Mgmt 117-125-Managers 95-100 Supervisory Staff 70-80 Staff (04-07) 175 Partners 125 Senior Managers 115 Managers 105 Supervisors 95 SeniorAuditors 85 Staff Accountants EXHIBIT B LIST OF AUDITORS MAILED RFP 1. CAPORICCI & LARSON, CPA'S Attn: Gary Caporicci 3184-D Airway Ave Costa Mesa, CA 92626-4619 (714) 436-0927 Fax (714) 436-0696 gcaporicci(<Lc-lcpa.com 2. CONRAD & ASSOCIATES, L.L.P. Attn: Michael A. Harrison 110 Main Street, Suite C Irvine, CA 92614 Ph: (949) 474-2020 Fax: (949) 263-5520 mharrison(cbiz.com 3. KPMG, LLP Attn: Margaret McBride 750 `B" Street, Suite 1500 San Diego, CA 92101 Ph: (619) 233-8000 Fax: (619) 696-0121 mjmcbride( kpma.com 4. LANCE SOLL & LUNGHARD CPA'S Attn: Richard Kikuchi 203 North Brea Boulevard, Suite 203 Brea, CA 92821-4056- Ph: (714) 672-0022 Fax: (714) 672-0331 rkikuchi rclslcpas.com P14 PPS 5. VASQUEZ & COMPANY Attn: Gil Vasquez 510 W. 6TH Street, Suite 400 Los Angeles, CA 90014 Ph: (213) 629-9094 Fax: (213) 489-2995 Email g vasquez a,vasquezcpa.com 6. CBIZ & MAYER, HOFFMAN McCANN Attn: Ben Reyes 5601 Truxtun Ave, Suite 200 Bakersfield, CA 93309 (661) 325-7500 Fax: (661) 325-7004 Email breyes(ie,cbiz.com 7. DIEHL, EVANS & COMPANY, L.L.P. Attn: William S. Morgan, CPA 2121 Alton Parkway, Ste. 100 Irvine, CA 92606-4906 Ph: (949) 399-0600 Fax: (949) 399-0610 Email billm a,diehlevans.com 8. HUTCHINSON & BLOODGOOD, L.L.P. Attn: Mario Ortega 8954 Rio San Diego Drive, Ste 600 San Diego, CA 92108 Ph: (619) 497-2415 Fax: (619) 497-2391 Email mortega a9hbllp.com 9. McGLADREY & PULLEN Attn: Rod LeMond 3880 Lemon Street, Suite 100 Riverside, CA 92501-3667 Ph: (909) 248-1800 Fax: (909) 680-1729 P15 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 2004 1st Reading AGENDA ITEM NO. 15 ITEM TITLE MUNICIPAL SECTION 1. PREPARED BY EXPLANATION ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 1 OF THE NATIONAL CITY CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND 28.010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS Rudolf Hradecky, Es q DEPARTMENT City Attorney (Ext. 4222) This ordinance amends section 1.12.030 of the Municipal Code covering "Stop Orders". It clarifies the procedures for issuing cease and desist orders for work or business being performed in violation of law or permit or license requirements. The changes will apply to continuing violations as well, and would make civil penalties of $1000.00 per day and separate misdemeanor charges applicable to such violations. The revisions clarify the process for notification and confiscation of implements and equipment being used in the commission of a continuing public nuisance. In addition, the revisions clarify that the cease and desist order does also apply to businesses being conducted without a license. The provisions will assist code compliance officers and business license and building inspectors in enforcing city ordinances and state law. This ordinance further amends section 1.28.010 to generally add enforcement inspectors and other categories of personnel who are assigned duties to enforce the Municipal Code to those specific positions already covered by the grant of authority to issue citations for violations of the Municipal Code. This is intended to include those personnel who enforce sewer, water quality and pollution standards for the city. ( Environmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Strike -out version of ordinance Proposed Ordinance A-200 )9r99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.12.030 PERTAINING TO STOP ORDERS AND SECTION 1.28.010 PERTAINING TO POWERS OF ARREST FOR INSPECTORS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 1, Chapter 1.12, is amended by amending Section 1.12.030 to read as follows: 1.12.030 Stop orders. A. Scope. This section applies to any work, activity, construction, land development, land grading, use of land or conduct of a business for which a permit or license is required. B. Definitions. 1. A stop order is a verbal directive or written notice, or combination, directed to one or more responsible parties to cease and desist immediately from conducting business or performing or allowing work or activity to continue, including without limitation, construction, land development, or land grading, without having first obtained a required permit or license, or from conducting work or activity in a manner that violates the terms and conditions of an issued permit or license, or while a required permit or license is suspended or revoked. 2. The terms "public nuisance" and "responsible party" are as defined in Section 1.36.010. C. Issuance of Stop Order. A public officer who is charged with the enforcement of the municipal code or state law is hereby authorized to issue a verbal or written stop order. A stop order may be issued to any person who conducts business without a license, conducts business or performs or allows work or activity to occur in violation of law, the municipal code or the terms and conditions of an issued permit or license, or who otherwise creates a public nuisance. A verbal stop order shall be followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site, or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law. In addition to any responsible party, the stop order may be served upon any employee, agent or contractor on site who is performing the work or activity. All work or activity must immediately stop upon the service or posting of the stop order, and shall not proceed again until authorized. D. Posting of Stop Order. When practicable, one copy of the stop order should be posted conspicuously at the entrance to the business or worksite, and an additional copy posted on any structure that has been enjoined from construction. Additional copies should be posted every two hundred feet along the perimeter of a work site consisting of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any stop order issued pursuant to this section. E. Removal Prohibited. Once posted, no stop order shall be removed until a permit is issued or a determination is made by the building official, the city engineer, the finance director or the planning director, as applicable, that a permit or license is not required or the work is consistent with an issued permit. F. Cessation of Work and Remediation. While a stop order is in effect, no responsible person shall authorize, perform or allow an act or omission to occur which directly or indirectly allows the prohibited activity to continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property owner, any contractor on site and any other responsible party may be required and shall be allowed by the stop order to secure the area against danger to the public by erecting barricades or fencing, to fill in any excavation and remove debris or obstructions to pedestrian and vehicle safety, or to remediate the site in order to remove a public nuisance. G. Contents of Stop Order. Written stop orders posted on site -may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words "Stop Order" in one -inch block letters. In smaller size type, the following information may appear: a description or address of the site, the time and date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one thousand dollar fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work or business without authority. The stop order shall be signed by or on behalf of the administering official and shall cite this Section 1.12.030 as authority. A stop order may also be issued in letter format, containing the information above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party, and may be delivered to any on site contractor. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for any person upon whom a stop order is served, or who has actual notice of a stop order: (a) to continue to conduct business without a license or in violation of the terms and conditions under which the license was issued; (b) to perform, authorize or allow work or activity to continue or proceed towards completion without a required permit or in violation of the terms and conditions under which a permit was issued: or, (c) to fail or refuse to install fencing or barricading, to remove debris and obstructions to pedestrian or vehicle safety, or to fill in excavations, as may be required by a lawfully issued stop order to remediate or return the site to a safe or non-public nuisance condition. 2. It is unlawful and a misdemeanor for any person to remove any lawfully posted stop order issued pursuant to this Section 1.12.030 unless authorized by an enforcement official or responsible public officer. 3. Violators are subject to arrest. It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by any public officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties. 2004 Ordinance 2 Stop Work Order 4. Each day that work, activity or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and imposition of administrative penalties to a maximum of one thousand dollars ($1000.00) per day pursuant to chapter 1.48. Criminal, civil or administrative action under this section 1.12.030 shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law. Section 2. That Title 1, Chapter 1.28, is amended by amending Section 1.28.010 to read as follows: 1.28.010 Powers of arrest —Code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, and fire inspector. Any code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion chief, fire marshal, fire inspector, and any other officer designated to enforce the Municipal Code is authorized the powers of arrest and authority to issue citations for those specific ordinances and provisions of the Municipal Code which they have a duty to enforce, as provided for in Section 836.5 of the California Penal Code. PASSED and ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H.Eiser, Ill City Attorney 2004 Ordinance 3 Stop Work Order NATIONAL CITY MUNICIPAL CODE Formatted Title 1, Chapter 12 Right of Entry for Inspection or Service of Notices, and Stop Orders, 1.12.030 StopArders. _I. Scope. This section applies to any work, activit construction land development, Jand grading, use of land or conduct of a business which a permit or license is required. ,B. Definitions. 1. A stop order js a verbal directive or written notice, or combination, directed to one or more es.onsible ..rties to cease and desist immediate from onductinbusiness or performing or allowinwork or activi to continue without limitation, construction, land development, or land grading, without having first �. obtained a required permit or license or from conducting work or activity in a manner Formatted that violates the terms and conditions of an issued permit or license, or while a required permit or license is suspended or revoked, 2. The terms "public nuisance" and "responsible party' are as defined in Section 1.36.010. C. Issuance of Stop ,Order. A public officer who is charged with the . r Deleted: Work _., or both, ...work ... enforcement of the municipal code or state law is hereby authorized to issue a verbal or / to . ( ... (e1J wriftertstop,order. A sto order ma be 'ssued to any person who, conducts business without a license, conducts business er performs or allows work or activitskto ociir in f Formatted: Font: Arial ) violation of law, „the municipal code pr the terms and conditions of an issued permit or �( Deleted: or..., ( n]) license, or who otherwise creates a public nuisance. A verbal stop order shall be - - followed up as soon as practicable by a written stop order. The written stop order may be in letter format or on cardboard backing suitable for posting on site, or any combination of written product sufficient to place each responsible party on notice of a duty to cease and desist from further operations in violation of law. Jn addition to any responsible party, The stop order may pe served upon ,— Deleted: The stop work order may any employee, agent or contractor on site who is performing the work or activity. All be issued ... (... [$] work or activity jnust immediately stop upon the service or posting of the stop order, and { Deleted: also ,shall not proceed a ain until authorized. Deleted: and shall work ( [9] ) D. Posting of Stop ,Order. When practicable, one copy of the stop order Deleted: Work.,. work ..shall ... be additional copy posted on any structure that has been enjoined from construc,should be posted conspicuously at the entrance to the business or worksite, and an mar _ifthe..other action tion. / ora..wak (...[l07 Additional copies ,should be posted every two hundred feet along the perimeter ,of a work site consisting, of unimproved real property. The failure to post a stop order on site or the unauthorized removal of a posted stop order shall not impair the validity or effect of any,stop,order issued pursuant to this section. E. Removal Prohibited. Once posted, no stoporder shall be removed until a _,_ Deleted: work _Abet f... [u] permit is issued or a determination is made by the building official, the city engineer the finance director or the planning director, as applicable, that a permit or license is not required orhe work is consistent with an issued permit. / F. Cessation of Work and Remediation, While ,stop order is in effect no �{ Deleted• the work ( 12] responsible person shall authorize, perform or allow an act or omission to occur which { Formatted: Font: Arial ) for inciudin Deleted: work Deleted: and has not been obtained.¶ { Deleted:. { Formatted: Font: Arial directly or indirectly allows the prohibited activity to continue or proceed towards completion, except that debris, construction material and equipment may be removed from the site while the stop order is in effect. The property ownerp,any contractor on site { Deleted: and any other responsible party may be required and shall be allowed by the stop order { Deleted: and to secure the area against danger to the public by erecting barricades or fencing,,to fill --{ Deleted: and in any excavation and ,remove debris or obstructions to pedestrian and vehicle safety or to remediate the site in order to remove a public nuisance. G. Contents of Stop Order. pritten stop orders posted on site may utilize an eight and one-half inch by eleven inch cardboard backing against a red background on which will appear the words ~Stop Orderyjn one -inch block letters. In smaller size type, the following information may,appear: a description or address of the site, the time and fir; date issued, a notice that it is unlawful and a misdemeanor with a penalty of a one '•,'i thousand dollar fine or imprisonment not to exceed six months, or both, to remove the sign or to continue work or business without authority. The stop order shall be signed by or on behalf of the ,administering official and shall cite this Section 1.12.030 as authority. A stop order may also be issued in letter format, containing the information ss above together with any additional directives required for safety or site remediation. Stop orders shall be mailed or personally delivered to each responsible party, and may be delivered to any on site contractor. H. Violations and Penalties. 1. It is unlawful and a misdemeanor for any person upon whom a stop prder is served, or who has actual notice of a stop ,order;, (a) to continue to conduct business without a license or in violation of the terms and conditions under which the license was issued; (b) to perform, authorize or allow work or activity Io _Fontinue , ter proceed towards completion without a required permit or in violation of the terms and conditions under which a permit was issued; 'DUO_ to fail or refuse to install fencing or barricading, to,remove debris and obstructions to pedestrian or vehicle safety, or to fill in excavations, 4as may be required by a lawfully issued stop orderlo remediate or return `••, the site to a safe or non-public nuisance condition„ 2. It is unlawful and a misdemeanor for any person to remove ,any lawfully posted stop,rder issued pursuant to this Section 1.12.030,unless authorized by an enforcement official oriesponsible public officer. 3. Violators are subject to arrest It shall be the duty of a peace officer to accept the custody of a violator who is arrested pursuant to this section by napublic officer who is not a peace officer. Additionally, any implements, animals, equipment or materials utilized in violation of this section may be impounded, and storage or maintenance fees and charges shall be charged against all responsible parties. 4. Each day that work, activity, or business continues in violation of this section constitutes a separate violation for purposes of criminal prosecution and imposition of administrative penalties to a maximum of one thousand dollars,($1000.00) per day pursuant to chapter 1.48. Criminal, civil or administrative action under this section 1.12.030 shall not bar any criminal, civil or administrative action pertaining to the underlying initial performances of work, business or activity in violation of law. { Deleted: to { Inserted: to { Deleted: work { Deleted: Stop { Deleted: work For nutted: Font Anal Formatted: Font: Ariai Deleted: or Stop Deleted: Work Deleted: order Deleted: also 1 Deleted: building official, city engineer or planning director --1 Deleted: work ) Deleted: work Deleted: , ) Formatted: Font: Arial Deleted: occur by which the enjoined activity wS Deleted: to Deleted: { Formatted: Font: Arial Formatted: Font; Arial ( Deleted: that Deleted: in order { Deleted: ( Deleted: a ( Deleted: work ( Deleted: until Deleted: a �d:a Formatted: Font: Arial { Formatted: Font Arial { Formatted: Font: Arial NATIONAL CITY MUNICIPAL CODE Title 1, Chapter 28 Arrest Powers 1.28.010 Powers of arrest —Code conformance officer or compliance inspector, business license inspector, building inspector, fire chief, battalion thief, fire marshal, and fire inspector. Any code conformance officer or compliance inspector, Deleted: The business license inspector, building inspector, fire chief, battalion chief, fire marshal„,fire --{ Deleted: and inspector, and any other officer designated to enforce the jvlunicipal Code is, authorized _..-{ Deleted: inspector are the powers of arrest and authority to issue citations for those specific ordinances and { Formatted: Font: Arias provisions of the jvlunicipal Code which they have a duty to enforca, as provided for in {Formatted: Font: Arias Section 836.5 of the California Penal Code. Deleted: assigned to their inspection and control City et � $I a f C ty, nsa5aa COUNCIL A END STATEME..N SECOND READING 3ETING DATE April 20, 2004 AGENDA ITEM NO. 16 PREPARED BY EXPLANATION AN ORDINANCE AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) AND THE CITY COUNCIL OF _ IONAL CITY DEPA MANI" P.t 1 amary Human Resources Interim Director o Human Resources On March 16, 2004, the City Council approved a Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the City. The subject amendment will implement the 3% at age 50 retirement benefit for local police members of CaIPERS. cI The total CaIPERS contribution for FY 2004/2005 for the National by 11.028% from $1,214.226 to $1,662,770 to provide the 3% will be adjusted to reflect the cost increase. (STAFF RECOMMENDATION Adopt Ordinance. F./ COMMIS-5ACR RECO? •E N/A VATS 1. Proposed Ordinance 2. Amendment to Contract Exhibit Apvcved Eit• Finance Directo City Police Officers' Association increases @ 50 benefit. The FY 2004/2005 budge Account Nob ion 14k-„ ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of National City does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of National City is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of National City. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor Ca1PERS California Public Employees' Retirement System EXHIBIT "A" Page 1 of 4 AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, Novmeber 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002 and September 17, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective September 17, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 1 EXHIBIT "A" Page 2 of 4 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7 The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). h T ' EXHIBIT "A" Page 3of4 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department whowere employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One -Year Nina! Compensation). 4 h. Section 20903 (Two Years. Additional Service Credit). 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulatectc;ontributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. EXHIBIT "A" Page 4 of 4 b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION fl\wCITY COUNCIL PUBLIC EMPLOYEES' RETIREI'YSTEM CITY OF NATIONAL CITY BYc...,‘,D.fi. BY KENNETH W. M sICI, CHIEF PRESIDING OFFICER ACTUARIAL( 'LOYER SERVICES DIVISION PUBLIC f , •YEES' RETIREMENT SYSTEM ` lN& Witness Clerk AMENDMENT ER# 0190 PERS-CON-702A (Rev. 8\02) OLD BUSINESS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April n 2004 AGENDA ITEM NO. 17 ITEM TITLE Report on TransNet Extension PREPARED BY Alberto Griego EXPLANATION 336-4386 DEPARTMENT Public Works/Engineering See attached Explanation Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Informational �\ Gr. Art BOARD / COMMISSION RECOMMENDATIOO N/A ATTACHMENTS ( Listed Below) Resolution No. Draft TransNet Extension Ordinance and Expenditure Plan A-200 )9 99) TRANSNETI EXPLANATION The following informational report was originally included in the April 6, 2004 City Council Meeting Agenda. Staff was directed to reschedule the item due to major changes in the Draft Proposal dated March 5, 2004 from SANDAG, such as extending the measure time period from 30 to 40 years. Therefore, updates have been made to reflect the April 2, 2004 draft and the proposed funds to be allocated for each item. Introduction In 1988 a San Diego County ballot measure was approved that provided funds through the use of a one half -cent sales tax per dollar (% percent sales tax) for needed transportation projects such as public transit, rail, roads, bicycle and pedestrian ways for the next 20 years. The 1988 ballot passed with a 52% majority. The end of this term is the year 2008 and SANDAG is looking into extending this for the next 40 years through a ballot measure to be included in the November 2004 vote. Two thirds (2/3) of the votes are necessary for this measure to pass. A 1200 person opinion survey was conducted in October of 2003 and the results revealed a 70% acceptance due to traffic delays on existing freeways, no alternative routes because of the topography of the County (hills and canyons) and more needed public transit. With proper public education it is expected that this percentage of acceptance will be maintained. A group was formed as a TransNet Ad -Hoc Working Group to develop a Draft TransNet Extension Ordinance and Expenditure Plan. Members of this group are the County of San Diego and the 18 cities in the county. The latest proposed ballot measure is included in this document as an attachment. If the TransNet Extension passes, local streets will benefit by $1.46 million a year. If TransNet Extension fails to pass, local streets will only have $0.4 million a year for local street and roads repair. More information and further analysis follows. Annual Revenue Benefits to National City As one of the agencies that will benefit by the $ 4.48 billion allocated to local programs, the City will receive an approximate 2% share of the funds, which at the time of this report would mean $89.6 million over a 40 year period. or approximately $2 million per year. Also, each local agency shall receive an annual base sum of $50,000. Proposition 42 which passed in 2002 will benefit us by approximately $400,000 a year. If the TransNet Extension Ordinance fails to pass, then Proposition 42 will be our only resource limiting our expenditures in local streets. Exact numbers still have to be refined. Population figures will also determine exact amounts Current revenues from TransNet for fiscal year 2002-2003 to National City were $1,398,240. The City may also benefit by indirect enhancements from the other programs that will provide betterment of highway accesses, BRT stations, Light Rail Stations, and others. ANNUAL REVENUE SUMMARY -Current FY 2002-2003 TransNet Local Street and Roads l,398,240/year 'TransNet Extension Starting in 2008 plus Proposition 42 i 2,000,000/year Proposition 42 only if Extension Ordinance does not pass by 2/3 400,000/year 'vote. NOTE: Precise dollar figures are still being worked on, therefore the numbers do not add exactly. The only actual number is the $14 billion obtained by this measure. A working group meeting is still pending to refine expenditures before the March 27 First Reading Meeting. Pavement Management All road surfaces deteriorate over time due to traffic and environment. It has been demonstrated that as pavements deteriorate repair increases dramatically. Analysis has proven that it costs less to have good roads than bad roads, if the roads are kept at a reasonable rate of serviceability, it will cost less to maintain in the long run. Tile TransNet funds are used primarily to maintain and resurface streets and for traffic control. It costs the City about $0.85 a square foot to resurface a local residential street with 3 in. asphalt concrete pavement, which translates to an average of $11,000 per street from intersection to intersection. Spme basic data for National follows: Miles of Existing Local Streets and Alleys 2003 Arterials and Collectors 38 miles Local Residential 62 miles Total 100 miles 3 National City Total Population Forecast 2000-2030 2000 2010 2020 2030 2000-2030 Change Percentage Change 54,260 56,095 59,019 62,837 8,577 16% Concerns The concerns for the TransNet Ad -Hoc working group have been the full support of all members of this group. Issues were raised regarding the proposed distribution of revenues in the draft ordinance and several options were presented. If this ballot measure does not pass there will be no regional funding for transportation for the County or Cities. If the measure does not pass, the worst case scenario would be, to use State Proposition 42 funds only. Proposition 42 (Transportation and Congestion Improvement Act) voted in 2002 requires that effective July 1, 2008, existing revenues resulting from state sales and use taxes on the sale of motor vehicle fuel be used for public transit and mass transportation; city and county street and road repairs and improvements; and state highway improvement. This measure provides funding by 1.2 to 1.5 billion annually State wide for the next 20 years. The funds are split: 40% to cities, 40% to state transportation improvement program and 20% to public transit. Total estimated funds available for County and Cities of San Diego are $500 million for the next 20 years. The voter opinion research indicated that focusing a major share of the TransNet funding on major corridor congestion relief projects was key to achieving the necessary two thirds vote threshold. The County has raised concerns for added funding to local streets and roads. This issue moved closer to resolution in a special meeting that took place on March 5, 2004 by first approving the Draft Expenditure Plan with the County opposing this measure and later by approving a proposed allocation of 2% of the funds from the Local Street and Road, Regional Arterial Grade Separations and livable communities incentive program to local streets and roads, which will give the County about 14% instead of the 18% sought by them. The following corrections and changes have been proposed to amend the original measure passed in 1987 as follows: • Adjusted limits and percentages of expenditures • Changed the allocation method utilized to a new 50% formula and 50% discretionary allocation. This will help small cities such as Del Mar who was only receiving about $5,000 per program under the previous method. • Environmental mitigation fund has been raised from $370 million to $850 million • Changes in nomenclature and language requested by Attorney's have been incorporated into the official document. • Addition of a Traffic Impact Fee of $2,000.00 for each new dwelling being constructed. There has been opposition from the building industry on this measure. These corrections or changes were approved at the March 5, 2004 Ad -Hoc Working Group Special Meeting, and is proposed for acceptance for distribution on the April 9, 2004 TransNet Board of Directors Meeting. Finances The total funds for TransNet provided by this measure would be $14 billion dollars over a 40 year period for all agencies in the County. These funds would be divided into: A. Congestion Relief Projects 1. Highway Capital Improvements costing $6.76 billion 2. Bus Rapid Transit (BRT) and Rail Transit Capital Improvements costing $2.68 billion B. Transit Programs 1. Continue to provide ongoing discounts for seniors, persons with disabilities, students and others, costing $2.24 billion C. Local Programs -Total $4.48 billion 1. Local Street and Road program costing $3,950 million 2. Regional Arterials and Grade Separations costing $380 million 3. Livable communities incentive programs costing $280 million D. Transportation Project Environmental Mitigation costing $850 million E. Administration and Independent Taxpayer Oversight Committee $250,000 per year. The total funds from Proposition 42 are $500 million over 20 years. Recommendations Since this proposition requires a "super majority" to pass committee believes the proposed allocation formula is the funding is received in the new formula, something is better of National City fully support the ballot measure and help beneficial to our city for the next 40 years. it is very important to follow the polling results. The only one that has a chance of passing, so although this than nothing. It is therefore recommended that the City in educating the public for the passage of this measure Attachments: 1. Revised Draft TransNet Extension Ordinance and Expenditure Plan 2. TransNet Extension 40 Year Expenditure Plan 3. TransNet Extension Environmental Mitigation Program (EMP) Draft Principles 4. Environmental Enhancement Criteria Mitigating Highway 67, 76 and 94 Expansion Impacts 5. TransNet Extension Regional Transportation Congestion Improvement Program 6. Statement of Understanding Regarding the Implementation of the Independent Taxpayer Oversight Committee for the TransNet Program AG:jha2 chris3 Attachment 1 TRANSNET EXTENSION ENVIRONMENTAL MITIGATION PROGRAM (EMP) DRAFT PRINCIPLES Revised: 4/2/04 1. The TransNet Extension Expenditure Plan shall include a funding allocation category entitled "Transportation Project Environmental Mitigation Program." 2. The Environmental Mitigation Program shall include an allocation for the estimated direct costs for mitigation of upland and wetland habitat impacts for regional transportation projects included in the proposed TransNet Expenditure Plan, as well as for regional projects which are included in the adopted 2030 Regional Transportation Plan Mobility Network The "mitigation costs," including land acquisition, restoration, management, and monitoring, for these regional projects are estimated at approximately $450 million. Funds for direct mitigation, management and monitoring of these projects shall be placed into a "Transportation Project Mitigation Fund," where they can be used as partial funding for regional habitat management and monitoring activities related to implementation of the Multiple Species Conservation Plan; North County Multiple Habitat Conservation Plan, and future amendments thereto. 3. The Environmental Mitigation Program shall also include an allocation for the estimated direct costs for mitigation of upland and wetland habitat impacts for local transportation projects, in a total amount not to exceed $200 million. Funds for direct mitigation of these projects shall also be placed in the "Transportation Project Mitigation Fund" outlined in Section 2 above. 4. The Environmental Mitigation Program shall also include a funding allocation for the estimated economic benefits of incorporating specified regional and local transportation projects into applicable habitat conservation plans, thereby allowing mitigation requirements for covered species to be fixed, and allowing mitigation requirements to be met through purchase of land in advance of need in larger blocks at a lower cost. The benefits of this approach are estimated at approximately $200 million ($150 million for regional projects and $50 million for local projects). This amount will be allocated to a "Regional Habitat Conservation Fund," which will be made available for regional habitat acquisition, management and monitoring activities necessary to implement the regional habitat conservation plans described in Section 2 above. Therefore, the total funding allocation for the Environmental Mitigation Program shall be set at $850 million. 5. SANDAG shall work with the Wildlife Agencies (California Department of Fish and Game and the US Fish and Wildlife Service) and permit holders under the existing regional habitat conservation plans to establish a regional entity that will be responsible for the allocation of funding included in the "Regional Habitat Conservation Fund" in accordance with the goals and policies of said plans. In addition, this entity will provide recommendations regarding the structure and content of future funding measures as described in Section 10 below. 6. Land acquisitions, and management and monitoring activities, that result from the implementation of this program shall receive credit toward the "regional funding obligations," if any, under the applicable habitat conservation plans, with the exception that land acquisitions in the Multiple Species Conservation Program planning area shall not count toward the regional funding obligation for land acquisition (currently estimated at 10,267 acres) established for that program. 7. In order to provide the economic benefits of the proposed EMP, the participating local jurisdictions shall apply for, and the Wildlife Agencies shall process, any necessary amendments to the previously adopted Multiple Species Conservation Plan and related agreements and permits, to include RTP transportation projects as "covered projects" under this plan pursuant to the standards in effect at that time for the remaining life of those plans. For projects in the planning areas of the North County Multiple Habitat Conservation Plan and proposed Multiple Species Conservation Program for unincorporated North County, the participating local jurisdictions shall include RTP projects in their proposed plans and implementing agreements, and the wildlife agencies will process those plans and agreements so as to provide coverage for RTP projects for the life of those plans. 8. The expenditure of funds included in this allocation category shall be phased over time in order to allow goals of regional habitat acquisition, management and monitoring to be met, while also meeting the requirements for individual transportation projects. The timeframe by which the phasing will be done will allow for the early acquisition of land within the first 10 years of the permits and/or amended permits with corresponding funds available for management and monitoring. In addition, mitigation land for projects in the planning area covered in the proposed MSCP plan for unincorporated North County shall be purchased within the multiple habitat planning area designated for that plan, while mitigation for projects in the adopted MSCP and MHCP planning areas shall be purchased within the multiple habitat planning areas designated for those plans, unless otherwise approved by SANDAG, the Wildlife Agencies, and affected permit holders. As transportation projects are completed, if it is determined that the actual direct costs for mitigation of upland and wetland habitat impacts are Tess than those which were estimated in Section 2 above, those cost savings shall be transferred to the "Regional Habitat Conservation Fund" described in Section 4 above. 9. In addition to the direct economic benefits associated with inclusion of these projects in the applicable habitat conservation plans, SANDAG and the Wildlife Agencies both recognize the value of expedited processing of environmental documents for individual transportation projects by all involved Federal, State, and regional agencies. Therefore, SANDAG and the Wildlife Agencies shall actively support efforts to accomplish complete review of environmental documents within reduced timeframes. To the extent that the processing time required for such documents is reduced, the value of expedited processing shall be allocated equally between transportation -related expenditures and the "Regional Habitat Conservation Fund". SANDAG and the Wildlife Agencies will develop guidelines for implementing this principle within one year of the passage of the TransNet extension. 10. SANDAG agrees to act on additional regional funding measures (a ballot measure and/or other secure funding commitments) to meet the long-term requirements for implementing habitat conservation plans in the San Diego region, within the timeframe necessary to allow a ballot measure to be considered by the voters no later than four years after passage of the TransNet Extension. In the event that such future funding measures generate funding to fully meet regional habitat acquisition and management requirements, SANDAG is authorized to reallocate excess funds included in the "Regional Habitat Conservation Fund" to local transportation projects. 11. In the event that SANDAG and its member agencies are not able to obtain coverage for transportation projects in applicable habitat conservation plans in accordance with the principles set forth above, the funding allocations set forth in this program shall be made available to meet habitat mitigation requirements of transportation projects, either through an alternative program that is acceptable to SANDAG, its member agencies, and the Wildlife Agencies, or through environmental review and permitting of individual projects under existing regulatory procedures. Attachment 11 SECTION 9. Regional Transportation Congestion Improvement Program (RTCIP): A. Starting on July 1, 2008, each jurisdiction in the San Diego region shall contribute $2,000 in exactions from the private sector, for each newly constructed residential housing unit in that jurisdiction to the RTCIP to ensure future development contributes its proportional share of the funding needed to pay for the Regional Arterial System and related regional transportation facility improvements, as defined in SANDAG's most recent, up-to-date and adopted Regional Transportation Plan. New residential housing units constructed for extremely low, very -low, low, and moderate income households will be exempted from the $2,000 per unit contribution requirement. No other new residential units shall be exempted. The amount of contribution shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index. Credits towards the total amount of any contribution may be granted for arterial improvements constructed or paid for directly by persons subject to the impact fee or other revenue measure. established by the jurisdiction to implement this Section. Each jurisdiction shall establish an impact fee or othfr-revenue Funding Program by which it collects and funds its contribution to the RTCIP. Each jurisdiction shall be responsible for establishing a procedure for providing its monetary contribution to the RTCIP. The RTCIP revenue will be used to construct improvements on the Regional Arterial System such as new or widened arterials, traffic signal coordination and otherjraffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for regional express bus andail transit improvements. B. The RTCIP shall be overseen by SANDAG and implemented by each jurisdiction, with the objective of developing a consolidated mitigation program for the San Diego region as a funding source for the Regional Arterial System. This action is predicated on the desire to establish a uniform mitigation program that will mitigate the regional transportation impacts of new development on the Regional Arterial System. While the RTCIP cannot and should not fund all necessary regional transportation network components and improvements, the RTCIP will establish a new revenue source that ensures future development will contribute its pro rata share towards addressing the impacts of new growth on regional transportation infrastructure. The RTCIP and each jurisdiction's Funding Program shall be subject to an annual review and audit to be carried out by SANDAG and the Independent Taxpayers Oversight Committee, as defined in Section 11 of the TransNet Ordinance. C. Any jurisdiction that does not provide its full monetary contribution required by this Section in a given fiscal year will not be eligible to receive funding for local streets and roads under section 4(D)(1) of the TransNet Ordinance for the immediately following fiscal year. Any funding not allocated under 4(D)(1) as a result of this requirement shall be reallocated to the remaining jurisdictions that are in compliance with this Section. D. Provisions for implementation of the RTCIP are described in the document titled "TransNet Extension Regional Transportation Congestion Improvement Program," which is hereby incorporated by reference as if fully set forth herein. Attachment 2 TransNet EXTENSION REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM Providing new transportation services and facilities is an expensive undertaking. Not providing them, however, will result in a decreased quality of life due to significant increases in traffic congestion, degrading mobility throughout the San Diego region. As SANDAG's Regional Transportation Plan explains, our challenge is especially critical for the Regional Arterial System, which is forecast to carry an increasingly significant amount of traffic volume. The SANDAG Board recognizes the need to establish a new Regional Transportation Congestion Improvement Program that ensures future development will contribute its share toward funding and mitigating new traffic impacts on the Regional Arterial System. A. Funding Program 1. Section 9 of the TransNet Ordinance requires that local jurisdictions establish a program or mechanism that provides $2,000 per new residential unit for the purpose of funding the Regional Arterial Systern, including SR75. For purposes of the RTCIP, the Regional Arterial System is defined in SANDAG's most recent and adopted Regional Transportation Plan. Each jurisdiction's program or mechanism shall be known as a "Funding Program? Local jurisdictions may choose to implement a Funding Program through a development impact fee program or other exactions from the private sector. 2. In the event a jurisdiction(s) chooses to establish a development impact fee program to meet its Funding Program requirements, said program shall be consistent with Government Code Section 66000 et seq. 3. SANDAG will be responsible for producing the required nexus study to satisfy the requirements of California Government Code Section 66000 et seq. for Funding Programs utilizing a development impact fee. The first draft of the regional nexus study shall be presented to the SANDAG Board within nine months of the successful reauthorization of TransNet. 4. In no case will non-residential development be subject to a development impact fee to meet the requirements of Section 9 of the TransNet Ordinance. 5. Each jurisdiction's Funding Program shall be reviewed by the Independent Taxpayer Oversight Committee referred to in Section 11.of the TransNet Ordinance prior to April 1, 2008, approved by Regional Transportation Commission by June 1, 2008 and shall become operative on July 1, 2008. B. Purpose 1. The purpose of each jurisdiction's Funding Program is to provide additional revenue to fund those facility and service improvements on the Regional Arterial System necessitated by development of newly constructed residences. C. Fee Adjustment The fee amount per residential unit shall be adjusted by SANDAG on July 1 of each year based upon the Engineering Construction Cost Index as published by the Engineering News Record or similar cost of construction index. 2. Any increase shall not exceed the percentage increase set forth in the construction index. In no event, however, shall the increase be Tess than two percent per year. The purpose of this annual adjustment is to retain purchasing power in anticipation of future inflation. D. Expenditure of Funding Program Revenues 1. Revenues collected under Section 9 of the TransNet Ordinance shall be deposited into each jurisdiction's Funding Program for use on the Regional Arterial System as defined in this Section: 2. Revenue collected through the Funding Programs shall be used to construct transportation improvements such as new arterial roadway lanes, turning lanes, reconfigured freeway -arterial interchanges, railroad grade separations and new regional express bus services, or similar types of improvements, preliminary and final engineering, right of way acquisition, and construction that will be needed to accommodate future travel demand generated by new development throughout the San Diego region. A reasonable portion of the program revenue may be used for fund administration. 3. Expenditure of the Funding Program revenues shall be in a manner consistent with the expenditure priorities in SANDAG's most recent and adopted long-range Regional Transportation Plan and with Section 5 of the TransNet Ordinance. To maximize the effective use of these Funding Program revenues, they may be transferred or exchanged in accordance with the intent of Section 7 of the TransNet Ordinance. E. Exemptions The following development types shall be exempt from the Funding Program requirements: 1. New moderate, low, very low, and extremely low income residential units as defined in Health & Safety Code sections 50093, 50105, 50106, and by reference in Government Code section 65585.1. 2. Government/public buildings, public schools and public facilities. 3. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. 4. All new, rehabilitated, and/or reconstructed non-residential structures. 6 5. Development Projects which are the subject of a Public Facilities Development Agreements (pursuant to appropriate Government Code Sections) prior to the effective date of this ordinance, wherein the imposition of new fees are expressly prohibited, provided, however that, if the term of such a Development Agreement is extended after the effective date of this Ordinance, the requirements of this funding program shall be imposed. 6. Guest Dwellings 7. Additional residential units located on the same parcel regulated by the provisions of any agricultural zoning. 8. Kennels and Catteries established in conjunction with an existing residential unit. 9. The sanctuary building of a church, mosque, synagogue, or other house of worship, eligible for property tax exemption. 10. Residential units that havebeen issued a building permit prior to July 1, 2008. 11. Condominium conversions F. Credits 1. If a developer funds or constructs improvements on the Regional Arterial System and/or as that arise out of SANDAG's Congestion Management Program, the developer shall receive credit for the costs Associated with the arterial improvements, offsetting the revenue requirements of the Funding Prolgram. Such credits shall only apply to the Funding Program for the jurisdiction in which the residential unit was developed. 2. In special circumstances, when a developerconstructs off -site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by the local jurisdiction in consultation with the developer. 3. The amount of the credit shall not exceed the revenue requirements of the most current Funding Program or actual cost, whichever is less. 4. The local jurisdictions shall compare facilities in their Funding Program, against the Regional Arterial System and eliminate any overlap in its Funding Program except where there is a legally recognized benefit district established. 5. If there is a legally recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against its Funding Program. G. Procedures for the Levy, Collection and Disposition of Funding Program Revenues 1. Each jurisdiction shall establish and implement a procedure to levy and collect its required contribution to the RTCIP in its Funding Program document. 7 2. Each jurisdiction shall determine its own schedule for collecting and/or contributing private sector exactions to its Funding Program. This schedule shall be kept up-to-date and provided to SANDAG and the Independent Taxpayers Oversight Committee each year at the time of the annual review and audit. Each jurisdiction must submit its Funding Program documents, including an expenditure plan and financial records pertaining to its Funding Program, to the Independent Taxpayer Oversight Committee for a review and audit by July 1 of each year beginning July 1, 2009. The Taxpayer Independent Oversight Committee shall review each jurisdiction's Funding Program consistent with its auditing role as described in Section 11 and the Statement of Understanding referenced in that Section. 3. Funding Program revenue requirements shall not be waived. 4. Each jurisdiction shall have up to but no more than seven fiscal years to expend Funding Program revenues on the Regional Arterial Systems projects. The seven year term shall commence on the first day of July following the jurisdiction's receipt of the revenue. At the time of the review and audit by the Independent Taxpayer Oversight Committee, each jurisdiction collecting a development impact fee to meet the requirements of its Funding Program shall provide the Committee with written findings for any expended, unexpended and uncommitted fees in their. Program Fund and demonstrates a reasonable relationship between the fee and the purpose for which it was charged, consistent with the requirements of Government Code Section 66000 et seq. Unless a planned need for such fees can be demonstrated and a justification for the delay can be provided that is acceptable to the Taxpayer Independent Oversight Committee, the unexpended or uncommitted portion of the Funding Program revenues shall be transferred to the Regional Transportation Commission (SANDAG) to be expended within three years on qualified projects within" the same subregion. Contributions to the Funding Program not committed or expended by the tenth anniversary date of the July 1 following collection shall be refunded to the current record owner of the development project on a prorated basis. In no case will a refund be more than was initially contributed to the Funding Program. 5. The Independent Taxpayers Oversight Committee identified in Section 11 of the TransNet Ordinance shall be responsible for issuing an annual audit statement on each jurisdiction's compliance with requirements of Section 9 of the TransNet Ordinance by October 1 of each year beginning October 1, 2009. SANDAG will report to the Board on the RTCIP and the annual audit statement in November of each year beginning in November 2009. 8 :SiDego Rtgion Attachment 3 9 Attachment 4 TABLE TA 7.5—REGIONAL ARTERIAL SYSTEM 1st St 2nd St 30th St 32nd St 54th St 70th St Ardath Rd Avocado Ave Avocado Blvd Balboa Ave Ballantyne St Barham Dr Barnett Ave Bay Marina Way (24th St) Bear Valley Pkwy Bernardo Center Dr Beyer Blvd Black Mountain Rd Bobier Dr Bonita Rd Borden Rd Borrego Springs Rd/Yaqui Pass Rd (5-3) Bradley Ave Broadway (El Cajon) Broadway (Lemon Grove) Broadway (San Diego) Broadway (Vista) Buckman Springs Rd/Hwy 80/Sunrise Hwy (S-1) Buena Creek Rd Cabrillo Dr (SR209) Camino del Norte Camino Del Rio North Camino Ruiz Camino Santa Fe Ave Cannon Rd Cannon Road Canon St Carlsbad Blvd Carlsbad Village Dr Carmel Mountain Rd Carmel Valley Rd Catalina Blvd Centre City Pkwy str-ikethrough = deleted from Regional Arterial System with 2030 hold - added to Regional Arterial System with 2030 RTP A St - K St. Greenfield Dr - Main St National City Blvd - 2nd St Harbor Dr - Norman Scott Rd El Cajon Blvd - SR94 University Ave -1-8 Hidden Valley Rd -1-5 Main St.- Chase Ave Chase Ave - SR94 Mission Bay Dr -1-15 Broadway - Main St La Moree Rd - Mission Rd Saint Charles 5t - Pacific Highway 1-5 - Tertninal Ave East Valley Pkwy - Sunset Dr Camino'DeI Norte -1-15 Main St -Dairy Mart Road Del Ma; Rights - Pomarado Rd Melrose Dr'- E Vista Way E St - San Miguel Rd Las Posas Rd — Woodland Pkwy Palm C,inyon Dr (5-22)- SR78 Marshall Ave- 2nd St SR67 - E. Main St. Spring St - College Ave C St - Main St Lincoln Pkwy/SR78 - Washington Ave SR94 - SR79 Las Posas Rd - Twin Oaks Valley Rd Cochran St - Cabrillo Monument Camino Ruiz - Pomarado Rd Mission Center Rd - Mission Gorge Rd Camino del Norte - SR56 Sorrento Valley Blvd - Miramar Rd Carlsbad Blvd — Melrose Dr Melrose Drive - SR 78 Rosecrans St - Jennings St Eaton St - La Costa Ave 1-5 - Coast Blvd/Coast Hwy Sorrento Valley Rd - EI Camino Real North Torrey Pines Rd - EI Camino Real Jenning St - Cochran St I-15(N)-1-15(S) RTP 10 Citracado Pkwy Clairemont Mesa Blvd Coast Hwy (5-21) College Ave College Blvd Community Rd Convoy St Crosby St Cuyamaca St Dairy Mart Rd Deer Springs Rd Dehesa Road Dehesa Road* Del Dios Hwy Del Mar Heights Rd (SA 710) Discovery St Douglas Dr E St East H St East Main St East Valley Pkwy East Via Ranho Pkwy East Vista Way El Cajon Blvd El Cajon Blvd El Camino Real El Camino Real El Camino Real (5-11) El Norte Pkwy Encinitas Blvd Espola Rd Euclid Ave Fairmount Ave Faraday Ave Federal Blvd Fletcher Pkwy Friars Rd Garnet Ave Genesee Ave Gilman Dr Grand Ave Grape St Greenfield Dr Grossmont Center Dr Centre City Pkwy - SR78 1-15 - Moraga Ave La Costa Ave - Via de la Valle Federal Blvd - Waring Rd North River Rd - Palomar Airport Rd Twin Peaks Rd - Scripps Poway Pkwy Linda Vista Rd - SR 52 1-5 - Harbor Dr Mission Gorge Rd - Marshall Ave SR-905 -1-5 Twin Oaks Valley Rd -1-15 Jamacha Rd - Harbisonn Canyon Rd Harbisonn Canyon Rd — Sycuan Rd Via Rancho Pkwy - Claudan Rd 1-5 - Camino Del Norte San Marcos Blvd - La Moree Rd SR76 (Mission Ave) - North River Rd 1-5 - E Bonita Rd Hilltop Dr - Mount Miguel Rd Broadway - Greenfield Dr Lake Wohlford Rd - East Valley Pkwy Broadway - Bear Valley Pkwy Vista Village Dr - SR76 Park Blvd -1-8 Chase Ave - Washington Ave Via de la Valle - Carmel Valley Rd/SR56 SR 56 - Carmel Mountain Rd Douglas Dr - Manchester Ave Woodland Pkwy - Washington Ave First St - El Camino Real Summerfield Ln - Poway Rd SR94 - Sweetwater Rd 1-8 - El Cajon Blvd Melrose Dr - College Blvd College Ave - SR94 1-8 - SR-67 Sea World Dr - Mission Gorge Rd Balboa - Mission Bay Dr N. Torrey Pines Rd - SR163 La Jolla Village Dr -1-5 Mission Blvd to Mission Bay Dr North Harbor Dr -1-5 E Main St - I-8 1-8 - Fletcher Pkwy strikethrough -deleted from Regional Arterial System with 2030 RTP bold - added to Regional Arterial System with 2030 RTP * Included in Regional Arterial System contingent upon being designated as a 4-lane arterial by the County of San Diego. 11 H St Harbor Dr Hawthorn St Heritage Rd Hill St Hunte Pkwy Imperial Ave Jackson Dr Jamacha Blvd Jamancha Rd Kearny Villa Rd Kettner Blvd L St La Costa Ave La Jolla Village Dr La Media Rd La Mesa Blvd Lake Jennings Rd Lake Murray Lake Wohlford Rd Las Posas Rd Laurel St Lemon Grove Ave Leucadia Blvd Linda Vista Rd Lomas Santa Fe Ave Lytton St Main St Manchester Ave Mapleview St Mar Vista Dr Market St Marshall Ave Marshall Ave Marshall Ave Massachusetts Ave Massachusetts Ave Melrose Dr Mira Mesa Blvd Miramar Rd Mission Ave Mission Ave Mission Ave Mission Bay Dr 1-5 - Hilltop Dr Pacific Hwy -1-5 (National City) 1-5 - North Harbor Dr Otay Mesa Rd - Siempre Viva Rd 1-5 (Oceanside) - Eaton St Proctor Valley Rd - SR 125 Valencia Pkwy - Lisbon St Mission Gorge Rd - 1-8 Sweetwater Pkwy - SR94 Main St -SR94 Pomarado Rd - Waxie Way 1-5 - India St 1-5 -1-805 Carlsbad Blvd - El Camino Real North Torrey Pines Rd -1-805 Telegraph Canyon Rd - SR905 University Ave -1-8 Mapleview St -1-8 1-8 - Navajo Rd Valley Ctr Road (N) - Valley Ctr Rd (S) Discovery St - Buena Creek Rd North Harbor Dr -1-5 Lisbon St - SR94 1st St - El Camino Real Morena Blvd - Convoy St 1-5 - Coast Hwy Rosecrans St - Saint Charles St 1-5 - Hilltop Dr El Camino Real -1-5 SR67 - Lake Jennings Rd Buena Vista Dr - SR78 Harbor Dr - Valencia Pkwy Fletcher Pkwy - West Main St Cuyamaca - Fletcher Pkwy Main St - Washington Ave Broadway - University Ave Lemon Grove Ave - Broadway Ave SR76 - Rancho Santa Fe Rd 1-805 -1-15 1-805 to 1-15 Andreason Dr - Center City Pkwy Escondido Blvd - Broadway Ave Coast Hwy - Frazee Rd Grand Ave to 1-5 str-ikethreugh - deleted from Regional Arterial System with 2030 RTP bold - added to Regional Arterial System with 2030 RTP 12 Mission Gorge Rd Mission Rd Mission Road (S-13; incl. Main St in Fallbrook) Montezuma Rd Montezuma Valley Rd/Palm Canyon Dr (S-22) Morena Blvd National City Blvd Navajo Rd Nimitz Blvd Nobel Dr Nordahl Rd North Harbor Dr North River Rd North Santa Fe Ave North Torrey Pines Rd (S-21) Ocean View Hills Pkwy Oceanside Blvd Old Highway 80 Old Highway 80 Olivehain Rd Olympic Pkwy Orange Ave Otay Lakes Rd Otay Mesa Rd Otay Valley Rd Pacific Highway Palm Ave Palomar Airport Rd Palomar St Paradise Valley Rd Paseo Ranchero Plaza Blvd Poinsettia Lane Pomerado Rd Poway Rd Proctor Valley Rd Questhaven Rd Rancho Bernardo Rd Rancho Del Oro Dr Rancho Penasquitos Bivd Rancho Santa Fe Rd Regents Rd Rosecrans St Ruffin Rd San Felipe Rd/Great S. Overland Route (S=2) San Marcos Blvd 1-8 - Magnolia Ave Rancho Santa Fe Rd - Andreason Dr I-15 -SR76 Fairmount Ave - El Cajon Blvd SR79 - Imperial Co Line Balboa Ave -1-8 1-5 - C St Waring Rd - Fletcher Pkwy 1-8 - Harbor Dr 1-5 -1-805 SR78- Nordahl Rd Rosecrans St - Grape St Douglas Dr - SR76 (Mission Rd) SR76 - Melrose Dr Carmel Valley Rd - La Jolla Village Dr 1-805 - SR905 Hill St- Melrose Dr SR79 - Sunrise Hwy Buckman Springs Rd -1-8 (In-ko-pah) El Camino Real - Rancho Santa Fe Rd Brandywine Ave - SR125 Palomar St - Brandywine Ave Bonita Rd - SR 94 SR905 - SR125 Hilltop Dr - Heritage Rd Sea World Dr - Harbor Dr 1-5 -1-805 Carlsbad Bivd - Business Park Dr I-5 - Orange Ave 8th Street - Sweetwater Pkwy East H St - Otay Mesa Rd National City Blvd - 8th St Carlsbad Blvd - Melrose Dr 1-15 (N) - 1-15 (5) 1-15 - SR67 Mount Miguel Rd - Hunte Pkwy Twin Oaks Valley Rd - Rancho Santa Fe Rd 1-15 - Summerfield Ln SR78-SR76 SR56 - 1-15 Mission Rd - Olivenhain Rd Moraga Ave - Genesee Ave 1-8 - Canon St Waxie Way - Balboa Ave 5-22 - Imperial Co Line Business Park Dr - Mission Rd strike -through - deleted from Regional Arterial System with 2030 bold - added to Regional Arterial System with 2030 RTP RTP 13 Scripps Poway Pkwy Sea World Dr Siempre Viva Rd Sorrento Valley Blvd Sorrento Valley Rd South Santa Fe Ave Sports Arena Blvd Spring St Sunrise Highway Sunset Cliffs Blvd Sweetwater Rd Sweetwater Rd Sweetwater Road Sycamore Avenue Ted Williams Pkwy Telegraph Canyon Rd Torrey Pines Rd Twin Oaks Valley Rd Twin Peaks Rd Twin Peaks Rd University Ave Valencia Pkwy Valley Center Rd Vandegrift Blvd Via de la Valle Via Rancho Pkwy Via Rancho Pkvvy Vista Sorrento Pkwy Wabash Blvd Washington Ave Washington Ave Washington St West Main St West Valley Pkwy West Vista Way Wildcat Canyon Rd* Willow St Willow St Willows Road Winter Gardens Blvd Woodland Dr Woodside Ave 1-15 - SR67 W Mission Bay Dr - Morena Blvd Heritage Rd - SR905 Sorrento Valley Rd - Camino Santa Fe Ave Carmel Mountain Rd -1-805 Broadway (Vista) - Pacific St Sea World Dr - Rosecrans St/SR209 1-8 - SR125 SR79 - 1-8 1-8 - W Mission Bay Dr 2nd St - Willow St 2nd St to Willow St Broadway Ave - Troy St South Santa Fe Avenue — 5. Melrose Dr 1-15 - Twin Peaks Rd 1-805 - Otay Lakes Rd Prospect PI - La Jolla Village Dr Deer Springs Rd - Questhaven Rd Pomarado Rd - Espola Rd Ted Williams Pkwy - Espola Rd 54th St - La Mesa Blvd Market - Imperial Ave SR76 - Lake Wohlford Rd North River Rd - Camp Pendleton Hwy 101 (5-21) - El Camino Real 1-15 - Del Dios Hwy Sunset Dr -1-15 Sorrento Valley Blvd - Carmel Mtn Rd Norman Scott Rd -1-5 El Norte Pkwy - Center Valley Pkwy El Cajon Blvd - Jamacha Rd Pacific Hwy - Park Blvd 1-8 - Marshall Ave Claudan Rd - Broadway Jefferson St/SR78 - Vista Village Dr. Mapleview Street - San Vicente Rd Sweetwater Rd - Bonita Rd Sweetwater - Bonita Rd 1-8 - Viejas Casino SR67 - Greenfield Dr Barham Dr - El Norte Pkwy Magnolia Ave - SR67 ;trikah - deleted from Regional Arterial System with 2030 RTP bold - added to Regional Arterial System with 2030 RTP All state and interstate highways are part of the Regional Arterial System but are not shown in table. * Included in Regional Arterial System contingent upon being designated as a 4-lane arterial by The County of San Diego. 14 Attachment 1 REVISED DRAFT TransNet Extension ORDINANCE AND EXPENDITURE PLAN [Changes to the Draft Ordinance from the 3/19/04 Board meeting agenda item shown in line in - line t format.] The San Diego County Regional Transportation Commission ordains as follows: SECTION 1. TITLE: This ordinance shall be known and may be cited as the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Commission Ordinance 04-1), hereinafter referred to as the Ordinance. This Ordinance provides for an extension of the retail transactions and use tax implemented by the initial San Diego Transportation Improvement Program Ordinance (Commission Ordinance 87-1 - Proposition A, 1987) for a forty year period commencing on April 1, 2008. The Expenditure Plan for this extension is set forth in Sections 2 and 4 herein and is an expansion of the Expenditure Plan contained in Commission Ordinance 87-1. SECTION 2. EXPENDITURE PLAN SUMMARY: This Ordinance provides for the implementation of the San Diego Transportation Improvement Program, which will result in countywide transportation facility and service improvements for highways, rail transit services, new bus rapid transit services, local bus services, senior and disabled transportation services, local streets and roads, bicycle and pedestrian facilities, transportation -related community infrastructure to support smart growth development, and related environmental mitigation and enhancement projects. These needed improvements shall be funded by the continuation of the one-half of one percent transactions and use tax for a period of forty years. The revenues shall be deposited in a special fund and used solely for the identified improvements. The specific projects and programs to be funded shall be further described in the document titled "TransNet Extension Expenditure Plan Analysis", which is hereby incorporated by reference as if fully set forth herein. Any ancillary proceeds resulting from the implementation of the San Diego Transportation Improvement Program shall be used for transportation improvement projects in the San Diego region. A summary of the major projects and programs, including the major highway and transit improvements depicted on Figure 1, is provided in the following sections. All dollar references in this Ordinance are in 2002 dollars. A. Congestion Relief Program - Major Transportation Corridor Improvements: 1. Highway and transit capital projects: Of the total funds available, an estimated $4,-308 $5,150 million will be used to match an estimated $1,485 $4,795 million in federal, state, local and other revenues to complete the projects listed below (see Figure 1). The total costs include an estimated $500 million in financing costs related to bonds to be issued to accelerate the implementation of the major Congestion Relief projects identified in this section. The costs shown include the total estimated implementation costs of each project net of habitat -related environmental mitigation costs for those transportation projects, which are funded under Section 2(D). Three of the highway projects listed below (SR 67, SR 76, and a portion of SR 94) are described as including environmental enhancements, as further described in the document titled "Environmental Enhancement Criteria for Mitigating Highway 67, 76 and 94 Expansion Impacts", which is hereby incorporated by reference as if fully set forth herein. IS I L a. Highway Capital Improvements (including managed lane/high-occupancy vehicle (HOV) lane additions and general purpose lane additions) $6,150 $6,760 million: 1. Interstate 5 South: Add two HOV lanes from 1-8 to SR 905 - $722 million. 2. Interstate 5 Mid -Coast: Add two, HOV lanes from 1-8 to I-805 including funding for environmental work and preliminary engineering for improvements at the 1-5/1-8 interchange - $192 million. 3. Interstate 5 North: Add four managed lanes from 1-805 to SR 78 Vandegrift Boulevard in Oceanside, including HOV to HOV connectors at the 1-5/1-805 interchange and freeway connectors at the I-5/SR 56 and 1-5/SR 78 interchanges $1,111 $1,234 Million. Interstate 8: Add two general purpose lanes from Second Street to Los Coches Road - $29 million. 5. Interstate 15: Add four managed lanes from SR 78 to Centre City Parkway in Escondido and from SR 56 to SR 163 and add two HOV lanes from SR 163 to SR 94, including HOV to HOV connectors at the 1-15/SR 78 and I-15/SR 94 interchanges - $882 million. 6. Interstate 805: Add four managed lanes from 1-5 to SR 54 and two reversible HOV lanes from 5R-454 to SR 905, including HOV to HOV connectors at the 1-805/SR 5,2 interchange and improvements at the I- 805/5R 54 interchange - $1,371 million. 7. SR 54/5R 125: Add two lanes to provide a continuous facility with three general purpose lanes and one HOV lane in each direction - $139 million 8. SR 56: Add one general purpose lane in each direction from 1-5 to 1-15 - $99 million. 9. SR 52: Construct four -lane freeway from SR 125 to SR 67, add two general purpose lanes and two reversible managed lanes from 1-15 to SR 125, and add two HOV lanes from 1-805 to 1-15 - $476 million. 10. SR 67: Expand to a continuous four -lane facility, including environmental enhancements, from Mapieview Street to Dye Road - $218 million. 11. SR 75/SR 282: Provide matching funds for construction purposes only for a tunnel from Glorietta Boulevard to Alameda Boulevard - $25 million. 12. SR 76: Add two general purposes lanes from Melrose Drive to 1-15, including environmental enhancements from Mission Road to 1-15 - $164 million. 13. SR 78: Add two HOV lanes in high priority segment, from 1-5 to I-15 - $405 $495 million. 14. SR 94/SR 125: Add two HOV lanes from 1-5 to 1-8, including freeway connectors at the SR94/SR 125 interchange - $601 million. 15. SR 94: Widen to six lanes from SR 125 to Avocado Boulevard and expand to a continuous four -lane facility from Avocado Boulevard to Steele Canyon Road, induding environmental enhancements from Jamacha Road to Steele Canyon Road - $88 million. 16. Border Access Improvements: Provide matching construction funds for access improvements in the international border area - $25 million. b. Bus Rapid Transit (BRT) and Rail Transit Capital Improvements - $2,635 $2,685 million: 1. BRT service from Escondido to Downtown San Diego using the I-15/SR 94. managed/HOV facilities, induding new and improved stations and direct access ramps.9.$369 million. 2. BRT service from Escondido to Sorrento Mesa using the managed lane facility on 1-15 - $60 million. 3. BRT service from Otay Mesa to Downtown San Diego using I-805/SR 94 managed/HOV lane facilities, including new stations and direct access ramps -$487 $497 million. 4. BRT service from San Ysidro to Sorrento Mesa using the managed/HOV lane facilities on I-805/I-15/SR 52 induding station .improvements - $60 $70 million. 5. Blue Line Light Rail Transit improvements including station enhancements, signal upgrades, conversion to low -floor vehicles and grade separations in Chula Vista - $268 million. 6. Mid -Coast Transit Guideway Improvement Project using light rail technology to provide high-level transit service along the 1-5 corridor from the Old Town area to the U.C. San Diego/University Towne Center area, would rely in part on federal funding. Absent federal funding, then bus technology may be considered for the high level service planned for this corridor - $660 million. 7. Super Loop providing high quality connections to locations in the greater U. C. San Diego/University Towne Center area, including arterial improvements with bus priority treatments, stations and vehicles - $20 $30 million. 8. North 1-5 Corridor Coaster/BRT service providing high quality north -south transit service improvements by upgrading the Coaster commuter rail tracks and stations, providing BRT service in the El Camino Real corridor, or a combination of the two - $376 million. 9. Orange Line Light Rail Transit Improvements including station enhancements, signal upgrades and conversion to low -floor vehicles - $69 million. 10. SR 78 Corridor Sprinter/BRT service providing high -quality east -west transit service improvements by upgrading and extending the Sprinter rail line, providing BRT service along the Palomar Airport Road corridor, or a combination of the two - $197 million. 11. BRT service from San Diego State University to Downtown San Diego along the El Cajon Boulevard/Park Boulevard corridor with arterial improvements with bus priority treatments, stations and vehicles - #73 $89 million. 2. Operating Support for the BRT and Rail Transit Capital Improvements: Of the total funds available, an estimated $720 $1,100 million will be used to operate the services described under Section 2{A)(1)(b). 3. Environmental Mitigation: An estimated $600 million, including $450 million for direct mitigation costs and $150 million for economic benefit, will be used to fund the habitat -related mitigation costs of the major highway and transit projects identified in the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). Financing Costs: An estimated $380 S0O million will be used to offset the- estimated financing costs related to bonds issued to accelerate the �. Proposition 42 Revenue Prot, on—m„d: An estimated $500 million will be used, as needeeli—to—effset—Feductions—in—Fevenue—expeetecl—to—eome--fr-om—P-r-epositieFi-42 (Trap ortation Congestion Impro omen+ Ara a ,ed on March 5 2002) beg' Fiscal Year 2009 for local street and road and transit n "d .d G cti ons 4(C (6) anal 1(D) (4) iZ\ If not needed Th for ese n s th bale t i fund shall beallocated for local street and road ruross unedG ct' A(D}(1\ er • ici B. Congestion Relief Program - Transit System Service Improvements and Related Programs: An estimated $1,235 $2,240 million will be used to provide ongoing support for the reduced - price monthly transit programs for seniors, persons with disabilities, and students and for the continuation and expansion of rail, express bus, local bus, community shuttles, and dial -a -ride services, including specialized services for seniors and persons with disabilities, and related capital improvements. n '9 C. CongestionRelief An estimated total of $1 following three categories: Re ie Program - Local System Improvements and Related Programs: $4.480 million will be allocated to local programs in the 1. Local Street and Road Program: An estimated $1;520 $3,950 million will be allocated on a fair and equitable basis, using the formula specified in Section 4(D)(1), to each city and the County of San Diego (hereinafter referred to as local agencies) to supplement other revenues available for local street and road improvements. In developing the biennial list of projects to be funded with these revenues as required under Section 5(A), local agencies z cncou-aged to s :all give high priority in the use of these funds to improvements to regional arterials, grade separation projects. and related facilities contributing to congestion relief. It is the intent that at least 70% of the revenues provided used for local street and roacl-impr-eyements-ar-e-limited-te purposes be used to fund direct expenditures for maintenance construction of new or expanded facilities, maior rehabilitation and reconstruction of roadways, traffic signal coordination and related traffic operations improvements, transportation -related community infrastructure imorovernants to support" smart growth development, capital improvements needed to facilitate accommodate —transit services and facilities, and operatingsupport for local shuttle and circulator routes and other services. No more than 30% of these funds should be used for local street and road maintenance purposes. A local agency desiring to spend more than 30% of its annual revenues on local street and road maintenance -related projects shall provide justification to the Commission. The Commission shall review each local agency's project list and make a finding of consistency with the provisions of this Ordinance and with the Regional Transportation Plan orior to approving the local agency's project list for funding. The Independent Taxpayer Oversight Committee shall also review the proposed project lists and make recommendations to the Commission. 2. Environmental Mitigation: An estimated $250 million. including $200 million for direct mitigation costs and $50 million for economic benefit. will be used to fund the habitat - related mitigation costs of local transportation projects consistent with the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). Re ndals nd r ad S _ n st + d $380 •n iu 26 3. Smart Growth Incentive Program: An estimated $280 million will be allocated to the Smart Growth Incentive Program to provide funding for a broad array of transportation -related infrastructure improvements that will assist local agencies in better integrating transportation and land use. such as enhancements to streets and public places, funding of infrastructure needed to support development in smart growth opportunity areas consistent with the Regional Comprehensive Plan, and community planning efforts related to smart growth and improved land useftransportation coordination. These funds shall be allocated on a regional competitive grant basis. It is intended that these funds be used to match federal, state, local and private funding to maximize the number of improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. D. Transportation Project Environmental Mitigation: An estimated $-550 $850 million will be used to fund habitat -related environmental mitigation activities required in the implementation of the major highway, transit and regional arterial and local street and road improvements identified in the Regional Transportation Plan. Of this total, an estimated $250 million is related to mitigation requirements for local transportation projects and an estimated $600 million is related to mitigation requirements for the major highway and transit projects identified in the Regional Transbortation Plan. The intent is to establish a program to provide for large-scale acquisition and management of critical habitat areas and to create a reliable approach for funding required mitigation for future transportation improvements thereby reducing future costs and' accelerating project delivery. This approach would be implemented by obtaining coverage for transportation projects through existing and proposed multiple species conservation plans. If this approach cannot be fully implemented, then these funds shall be used for environmental mitigation purposes on a project by project basis. Additional detail regarding this program is described in the document titled "TransNet Extension Environmental Mitigation Program Principles", which is hereby incorporated by reference as if fully set fdrth herein. E. Bicyde, Pedestrian and Neighborhood Safety Program: An estimated $280 million will be allocated to the Bicycle. Pedestrian and Neighborhood Safety Program to provide funding for bikeway facilities and connectivity improvements, pedestrian and walkable community projects. bicycle and pedestrian safety projects and programs and traffic calming projects. These funds shall be allocated on a regional competitive grant basis. It is intended that These funds be used to match federal state, local, and private funding to maximize the number of improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. F. Administration and Independent Taxpayer Oversight Committee: Up to one percent per year of the total annual revenues available will be used for administrative expenses and up to $250,000 per year will be used for the operation of an Independent Taxpayer Oversight Committee. 21 SECTION 3. IMPOSITION OF TRANSACTIONS AND USE TAX: In addition to any other taxes authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County of San Diego, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Division 12.7 of the Public Utilities Code commencing with Code Section 132000, an extension of the existing transactions and use tax at the rate of one-half of one percent (1/2%) commencing April 1, 2008 for a period of forty years in addition to any existing or future authorized state or local transactions and use tax. If, during this time period, additional state or federal funds become available which would fund the projects and services contained in the Regional Transportation Plan, then the tax may be reduced by action of the Commission. SECTION 4. EXPENDITURE PLAN PURPOSES: The revenues received by the Commission from the existing measure as extended by this measure, after deduction of required Board of Equalization costs for performing the functions specified in Section 132304(b) of the Public Utilities Code, shall be used to improve transportation facilities and services countywide as set forth in the expanded Expenditure Plan and in a manner consistent with the long-range Regional Transportation Plan and the short-range, multi -year Regional Transportation', Improvement Program, and for the administration of the San Diego County Regional Transportation Commission Act (hereinafter referred to as the "Act") commencing with Public Utilities Code Section 132000. Commencing July 1, 2008, after the deduction of administrative expenses In&lependent Taxpayer Oversight Committee expenses. and funding for the Bicvde._Pedestrian and Neighborhood Safety Program as described in Sections 2(E). 2(F). 11 and 12, the remaining annual revenues,shall be allocated as follows: A. Forty-two and four-tenthsperrent for the major highway and transit Congestion Relief projects specified in Section 2(A5(1), including four and four -tenths percent for the habitat -related mitigation costs of the major highway and transit projects as described in Section 2(A)(3) to be used to fund a portion of f the Environmental Mitigation Program described in Section 2(D). anri five anri two tenths_ rrcpid eent_ fear the Propositn 42e. RP. ♦ rt' C a .d if' Section 2(A)(l). • B. Seven and six tenths eight and one -tenth percent for operation of the specific transit Congestion Relief projects as described in Section 2(A)(2). This funding is for the operation of new or expanded services only and is not available for the operation of services in existence prior to the effective date of this Ordinance. C, T"i,,,,cteeR Sixteen and one-half percent for the transit programs described in Section 2(B). The revenues made available annually for transit purposes shall be allocated and expended pursuant to the following distribution formula and priorities: 1. Three Two and one-half percent of the funds made available under Section 4(C) shall be used to support improved transportation services for seniors and disabled persons. These funds shall be used to support specialized paratransit services required by the federal Americans with Disabilities Act (ADA). 2. Four Three and one-fourth percent of the funds made available under Section 4(C) shall be used to support a competitive grant program for nonprofit organizations and local agencies. The funds shall be used to provide specialized transportation services for seniors focusing on innovative and cost-effective approaches to providing improved senior transportation, including, but not limited to, shared group services, special 22- shuttle services using volunteer forces, and brokerage of multi jurisdictional transportation services. 3. From the remaining revenues, there shall be expended such sums as necessary to guarantee in the North San Diego County Transit Development Board and Metropolitan Transit Development Board areas of jurisdiction for the duration of the measure (1) a monthly regional transit pass for senior (60 years or older) and disabled riders priced at not more than 25 percent of the cost of the regular regional monthly transit pass, and (2) a monthly regional youth transit pass for students (18 years or under) priced at not more than 50 percent of the cost of the regular regional monthly transit pass. 4. Remaining revenues shall be allocated for transit service improvements, including operations and supporting capital improvements. The revenues shall be allocated through the annual transit operator budget process and the improvements to be funded shall be consistent with the Short Range Transit Plan. 5. To maintain eligibility fo the receipt of funds under Section 4(C), a transit operator must limit the increase in its total operating cost per revenue vehide hour for bus services or the increase in its total operating cost per revenue vehide mile for rail services from one fiscal year to the next to no more than the increase in the Consumer Price Index for San Diego County over the same period. If the requirement is not achieved, the operator may not receive any additional funding under Section 4(C) in the following year above the amount received in the previous fiscal year adjusted for any increase in the Consumer Price Index for San Diego County. If there were unusual circumstances in a given fiscal year, the operator may request the approval of the Commission to calculate the requirement as an average over the previous three fiscal years. The operator may also request the approval of the Commission to exclude from the calculation certain cost increases that were due to external events entirely beyond the operator's control, including, but not limited to, increases in the costs for fuel, insurance premiums, or new state or federal mandates. percent. These additional funds shall be deducted from the funds provided under 2(A)(4). D. Eighteen- Thirty-three percent for the Local Programs described in Section 2(C) in the following three categories: 1. Sixteen Twenty-nine and one -tenth percent for the local street and road program described in Section 2(C)(1). The revenues available for the local street and road 23 program shall be allocated and expended pursuant to the following distribution formula: a. Each local agency shall receive an annual base sum of $50,000. b. The remaining revenues after the base sum distribution shall be distributed to the each local agency on the following basis: 1. Two-thirds based on total population using the most recent Department of Finance population estimates. 2. One-third based on maintained street and road mileage. c. For the purposes of Section 4D(1)(a) and (b), any new incorporations or annexations which take place after July 1 of any fiscal year shall beincorporated into the formula beginning with the subsequent fiscal year. The San Diego Association of Governments population estimates of such new incorporations or annexations shall be used until such time as Department of Finance population estimates are available. 2. One and eight tenths percent for the habitat -related mitigation costs of local transportation projects described in Section 2(C)(2) to be used to fund a portion of the Environmental Mitigation Program described in Section 2(D). Four percent for the se.+• n f r fund. provided . nder Sections A/M1\\ or 1(D)(3) n vided that +l+e total thd ration of +Lye y asure and n ach ♦en year period 3. Four Two and one -tenth percent for the Smart Growth Incentive Program described in Section 2(C)(3). livable -communities -incentive Bicycle. Pedestr-ian--a d allocated—foot-teighborheod ca fety Program ..d fi f y per-c,nt for +Ice Smart Groy.hl. incentive program Of + Tl,e funds allocated for each of basic and fifty. n ent .hall Lye allocated regional competitive ant basic spec-ifieel-purposesation-of-the-measure-and-over-eaeh4en-year-period-, additienal-funcling-for-loc-al-stFeet-aod-read-perposes-would-be-available-f-refa p it' A') (Tra rt tion C sti i t Ah ved M rch 5, '�apv.-c'vci va-. cvnyc�non-.m�v�c-r"rrci'ra�zcc-appro�cv�Fr -n.v'. c .�, 20M)that .h mb+ined wiTh revenues under Section 4 y ould n vide for tf Tho anticipated not a ailablo - en fiscal year free Proposition 42, or other new revenue sources established after the operative date of 2 Section 4(D)(1). program described in Section 2(D). Committee as elesr-ribed in G eti 2(E) d [ cti 11 # E. General Provisions: 1. In implementing the projects funded under Section 4(A), priority shall be given to projects induded in the Expenditure Plan for Proposition A as passed by the voters in 1987 that remain uncompleted, such as the eastern ends of the SR 52 and SR 76 highway improvement projects and the Mid -Coast light rail transit project. The Commission shall ensure that sufficient funding or bonding capacity remain available to implement such projects as expeditiously as possible once the environmental dearance for these projects is obtained and needed state and federal matching funds are committed. 2. Once any state highway fatuity or usable portion thereof is constructed to at least minimum acceptable state standards, The state shall be responsible for the maintenance and operation thereof. 3. All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use. Such facilities for pedestrian and bicycle use shall be designed to the best currently available standards and guidelines. 4. All state highway improvements to be funded with revenues as provided in this measure, including project development and overall project management, shall be a joint responsibility of Caltrans and the Commission. All major project approval actions including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Caltrans and the Commission and, where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. SECTION 5. EXPENDITURE PLAN PROCEDURES: A. Each local agency shall annuatly biennially develop a five-year list of projects to be funded with revenues made available for local street and road improvements under Section 4(D). A 25 local public hearing on the proposed list of projects shall be held by each local agency prior to submitting the project list to the Commission for approval pursuant to Section 6. B. All projects to be funded with revenues made available under Section 4 must be consistent with the Regional Transportation Plan (RTP). Project priorities or phasing shall also be consistent with the RTP. The Expenditure Plan shall be reviewed for consistency with RTP following each major update of the RTP as required by state or federal law. The Expenditure Plan shall be amended as necessary to maintain consistency with the Regional Transportation Plan. If funds become available in excess of the amount allocated in the Expenditure Plan, additional projects shall be added to the Expenditure Plan consistent with the priorities in the Regional Transportation Plan. Any amendments to the Expenditure Plan shall be made in accordance with the procedures for amending this ordinance as provided for in Section 16. C. In the allocation of all revenues made available under Section 4, the Commission shall make every effort to maximize state and federal transportation funding to the region. The Commission may amend the Expenditure Plan, in accordance with Section 16, as needed to maximize the transportation funding to the San Diego region. SECTION 6. PROJECT PROGRAMMING APPROVAL: The Commission shall annually biennially approve a five-year project list and a biennial program of projects to be funded during the succeeding two fiscal years with the revenues made available under Section 4 herein. The program of projects will be prepared as a part of the Regional Transportation Improvement Program (RTIP) process as required by state and federal law. A public hearing will be held prior to approval of the program of projects. The Commission may amend the program of projects as necessary in accordance with the RTIP amendment procedures. Projects shall not be funded with the revenues made available under Section 4 unless the projects are in the approved program of projects. SECTION 7. COOPERATIVE FUND AGREEMENTS: Except as provided for herein, the distribution of funds as set forth in Section 4 shall be met over the duration of the measure. To maximize the effective use of funds, revenues may be transferred or exchanged under the following circumstances: A. The Commission, or agencies receiving funds by annual or multi -year agreement, may exchange or loan funds provided that the percentage of funds allocated for each purpose as provided in Section 4 is maintained over the duration of the measure and reviewed as part each 10-year comprehensive program review as described in Section 17. All proposed exchanges, including agreements between agencies to exchange or loan funds, must include detailed fund repayment provisions, including appropriate interest earnings such that the Commission suffers no loss of funds as a result of the exchange or loan. All exchanges must be approved by the Commission and shall be consistent with any and all rules approved by the Commission relating thereto. B. The Commission may exchange revenues for federal, state, or other local funds allocated or granted to any public agency within or outside the area of jurisdiction of the Commission to maximize effectiveness in the use of revenues. Such federal, state, or local funds shall be distributed in the same manner as the revenues from the measure. SECTION 8. MAINTENANCE OF EFFORT: It is the intent of the Legislature, as stated in the Act, and the Commission that revenues provided from this measure be used to augment, not supplant existing local revenues being used for the purposes set forth in Section 4 herein. Each local agency receiving revenues pursuant to Section 4(D) shall annually maintain as a minimum the same level of local discretionary funds expended for street and road purposes on average over the last three fiscal years completed prior to the operative date of this Ordinance (Fiscal Years 2000-01, 2001-02, 2002- 03), as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads and as verified by an independent auditor. The maintenance of effort level as determined through this process shall be subject to adjustment every three years based on the Construction Cost Index developed by Caltrans. Any increase in the maintenance of effort level based on this adjustment shall not exceed the growth rate in the local jurisdiction's General Fund revenues over the same time period. The Commission shall not allocate any revenues pursuant to Section 4(D) to any eligible local agency in any fiscal year until that local agency has certified to the Commission that it will include in its budget for that fiscal year an amount of local discretionary funding for streets and roads purposes at least equal to the minimum maintenance of effort requirement. An annual independent audit shall be conducted to verify that the maintenance of effort requirement for each agency was met. Any local agency which does not meet its maintenance of effort requirement in any given year shall have its funding under Section 4(D)(1) reduced in the following year by the amount by which the agency did not meet its required maintenance of effort level. In the event that special circumstances prevent a local agency from meeting its maintenance of effort requirement, the local agency mav request up to three fiscal years to fulfill its requirement. Such a request must be approved by the Commission. The Independent Taxpayer Oversight Committee shall also review such requests and make recommendations to the Commission. Any local street and road revenues not allocated pursuant to the maintenance of effort requirement shall be redistributed to the remaining eligible agencies according to the formula described in Section 4(D)(1). The maintenance of effort requirement also shall apply to any local agency discretionary funds being used for the other purposes specified under Section 4. In addition, revenues provided from this Ordinance shall not be used to replace other private developer funding that has been or will be committed for any project. SECTION 9. REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP): A. Starting on July 1. 2008. each iurisdiction in the San Diego region shall contribute $2.000 in exactions from the private sector, for each newly constructed residential housing unit in that jurisdiction to the RTCIP to ensure future development contributes its proportional share of the funding needed to pay for the Regional Arterial System and related regional transportation facility improvements. as defined in SANDAG's most recent, up-to-date and adopted Regional Transportation Plan. New residential housing units constructed for extremely low, very -low, low, and moderate income households will be exempted from the $2.000 per unit contribution requirement. No other new residential units shall be exempted. The amount of contribution shall be increased annually. in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index. Credits towards the total amount of any contribution mav be granted for arterial improvements constructed or paid for directly by persons subject to the impact fee or other revenue measure established by the jurisdiction to implement this Section. Each jurisdiction shall establish an impact fee or other revenue Funding Program by which it collects and funds its contribution to the RTCIP. Each jurisdiction shall be responsible for establishing a procedure for providing its monetary contribution to the RTCIP. The RTCIP revenue will be used to construct improvements on the Regional Arterial System such as new or widened arterials, traffic signal coordination and other traffic improvements, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for regional express bus and rail transit improvements. B. The RTCIP shall be overseen by SANDAG and implemented by each jurisdiction. with the objective of developing a consolidated mitigation program for The San Diego region as a funding source for the Regional Arterial System. This action is predicated on the desire to establish a uniform mitigation program that will mitigate the regional transportation impacts of new development on the Regional Arterial System. While the RTCIP cannot and should not fundallnecessary regional transportation network components and improvements, the RTCIP will establish a new revenue source That ensures future development will contribute its pro rata share towards addressing the impacts of„new growth on regional transPortation infrastructure. The RTCIP and each jurisdiction's Funding Program shall be subject to an annual review and audit to be carried out by SANDAG and the Independent Taxpayers Oversight Committee as defined in Section 11 of the TransNet Ordinance. C. Any jurisdiction that does not provide its full monetary contribution required by This Section in a given fiscal year will not be eligible to receive funding for local streets and roads under section 4(D)(1) of the TransNet Ordinance for The immediately following fiscal year. Any funding not allocated under 4(D)(1) as a result of This requirement shall be reallocated to the remaining jurisdictions that are in compliance with this Section. D Provisions for implementation of the RTCIP are described in the document titled "TransNet Extension Regional Transportation Congestion Improvement Program." which is hereby incorporated by reference as if fully -set forth herein. , SECTION 10. BONDING AUTHORITY: Upon voter approval of the ballot proposition to approve the extension of the tax and the issuance of bonds payable from the proceeds of the tax, bonds may be issued by the Commission pursuant to Division 12.7 of the Public Utilities Code, at any time, and from time to time, payable from the proceeds of the existing tax and its extension and secured by a pledge of revenues from the proceeds of the tax, in order to finance and refinance improvements authorized by Ordinance 87-1 and this Ordinance. The Commission, in allocating the annual revenues from the measure, shall meet all debt service requirements prior to allocating funds for other projects. SECTION 11. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE: An Independent Taxpayer Oversight Committee (ITOC) shall be established to provide an enhanced level of accountability for expenditure made under the Expenditure Plan. The ITOC will help to ensure That all voter mandates are carried out as required and will develop recommendations for improvements to the financial integrity and performance of the program. The roles and responsibilities of the ITOC, the selection process for ITOC members, and related administrative procedures shall be carried out in substantially the same manner as further described in the document titled "Statement of Understanding Regarding the Implementation of the Independent Taxpayer Oversight Committee for the TransNet Program" which is hereby incorporated by reference as if fully set forth herein. Up to $250.000 per year, with adjustments for inflation based on the Consumer Price Index for San Diego County, may be expended for activities related to the ITOC. SECTION 12. ADMINISTRATIVE EXPENSES: Revenues may be expended by the Commission for staff salaries, wages, benefits, and overhead and those services, including contractual services, necessary to administer the Act; however, in no case shall such expenditures exceed one percent of The annual revenues provided by the measure. Any funds not utilized in a given fiscal year shall remain available for expenditure in subsequent fiscal years. Costs of performing or contracting for project related work shall be paid from the revenues allocated to the appropriate purpose as set forth in Section 4 herein. An annual independent audit shall be conducted through the Independent Taxpayers Oversight Committee to assure that the revenues expended by the Commission under This section are necessary and reasonable in carrying out its responsibilities under the Act. SECTION 13. ESTABLISHMENT OF SEPARATE ACCOUNTS: Each agency receiving funds pursuant to Section 4 shall have its funds deposited in a separate Transportation Improvement Account. Interest earned on funds allocated pursuant to This Ordinance shall be expended only for those purposes for which the funds were allocated. SECTION 14. IMPLEMENTING ORDINANCES: Upon approval of this measure by the voters, the Commission shall, in addition to the local rules required to be provided pursuant to this ordinance, adopt implementing ordinances, rules, and policies and: take such other actions as may be necessary and appropriate to carry out its responsibilities. SECTION 15. EFFECTIVE AND OPERATIVE DATES: This Ordinance shall be operative on November 3, 2004 if one of the following events occurs: 1) two-thirds of the electors voting on the ballot proposition approving the ordinance vote to approve the'ballot proposition on November 2, 2004; or 2) a law is passed on or before November 2, 2004 that lowers the voter approval threshold applicable to this Ordinance and the number of electors voting in favor of this Ordinance meets that threshold. The extension of the tax authorized by Section 3 of this Ordinance shall be effective on April 1, 2008. Bonds payable from thEproceeds of the tax may be issued at any time prior to, on or after April 1, 2008. Other The provisions of Section .11 of this Ordinance, " of Section 4, relating to the allocation of revenues, shaU be effective on July 1, 2008. SECTION 16. AMENDMENTS: With the exception of Sections 2(A)(4), 3, 4(14 E)(1), 8, 9 and 11 which require a vote of the electors of the County of San Diego to amend, this ordinance may be amended to further its purposes by ordinance, passed by roll call vote entered in the minutes, with two-thirds of the Commission concurring consistent with the Commission's standard voting mechanism. To delete one of the projects identified in Section 2(A)(1) from the Expenditure Plan, the concurrence of the jurisdiction or jurisdictions with land use authority for the area in which the facility is located also must be obtained. Separate documents incorporated by reference in the Ordinance in Sections 2, 9, and 11 also may be amended with a two-thirds vote of the Commission. SECTION 17. TEN-YEAR COMPREHENSIVE PROGRAM REVIEW: The Commission shall conduct a comprehensive review of all projects and programs implemented under the Expenditure Plan to evaluate the performance of the overall program over the previous ten years and to make revisions to the Expenditure Plan to improve its performance ,over the subsequent ten years. Such comprehensive program reviews shall be conducted in Fiscal Years 2019 2029 and 2039. Revisions to the Ordinance and Expenditure Plan required as a result of the ten-year review shall be subject to the amendment process in Section 16. SECTION 18. DESIGNATION OF FACILITIES: Each project or program in excess of $250,000 funded in whole or in part by revenues from the measure shall be clearly designated during its construction or implementation as being provided by revenues from the measure. SECTION 19. SEVERABILITY: If any section, part, clause or phrase of this Ordinance is for any reason held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining funds or provisions of this Ordinance, and the Commission declares that it would have passed each part of this Ordinance irrespective of the validity of any other part. SECTION 20. ANNUAL APPROPRIATIONS LIMIT: Article XIII(B) of the California Constitution requires the establishment of an annual appropriations limit for certain governmental entities. The maximum annual appropriations limit for the Commission shall be established as $950 million for the 2004-05 fiscal year. The appropriations limit shall be subject to adjustment as provided by law. All expenditures cif the transactions and use tax revenues imposed in Section 3 are subject to the appropriations limit of the Commission. SECTION 21. DEFINITIONS: A. Commission. Means the San Diego County Regional Transportation Commission created by Chapter 1576 of the Statutes of 1985 (Division 12.7 of the Public Utilities Code, commencing with Section 132000). B. Transit Means all purposes necessary and convenient to the construction, operation and maintenance of transit services and facilities including the acquisition of vehicles and right-of- way. Transit services include, but are not limited to, local and express bus, bus rapid transit (BRT), paratransit (dial -a -ride), light rail (trolley) and commuter rail services and facilities. C. Local Streets and Roads. Means all purposes necessary and convenient for the purposes as described in Section 2(C)(1). D. Highways. Means all purposes necessary and convenient to the design, right-of-way acquisition, and construction of highway facilities, including all state highway routes and any other facilities so designated in the Expenditure Plan. E. Bicycle and Pedestrian Facilities. Means all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicycles and pedestrians. Bicycle and pedestrian facilities shall also mean facilities and programs that help to encourage walking and the use of bicycles, such as secure bicycle parking facilities and bicycle and pedestrian promotion and safety education programs. F. Bonds. Means indebtedness and securities of any kind or class, including but not limited to bonds, notes, bond anticipation notes, and commercial paper. G. Expenditure Plan. Means the expenditure plan required by Section 132302 of the Public Utilities Code to be included in the transactions and use tax ordinance to be approved by the Commission. The expenditure plan includes the allocation of revenues for each authorized purpose. H. Regional Transportation Improvement Program. Means the five-year programming document required by Section 65080 of the Government Code to be prepared by the San Diego Association of Governments as the designated Regional Transportation Planning Agency. I. Transit Operator. Means any transit district, included transit district, municipal operator, included municipal operator, or transit development board as defined in Public Utilities Code Section 99210. SECTION 22. EFFECT ON COMMISSION ORDINANCE 87-1: This Ordinance is intended to extend and expand the provisions of Commission Ordinance 87-1, and shall not be read to supercede Commission Ordinance 87-1. If this Ordinance is not approved by the voters of San Diego County, the provisions of Commission Ordinance 87-1 and all powers, duties, and actions taken thereunder shall remain in full force and effect. PASSED AND ADOPTED by the San Diego County Regional Transportation Commission, the day of , 2004 by the following vote: AYES: NOES: ABSENT: Chairman STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) 1, Gary L Gallegos, the Secretary of the San Diego County Regional Transportation Commission, do hereby certify that the foregoing is a true copy of an Ordinance adopted by the San Diego County Regional Transportation Commission on , 2004 at the time and by the vote stated above, which said Ordinance is on file in the office of the San Diego County Regional Transportation Commission. DATED: ,2004 Secretary 31 Attachment 2 Draft TransNet Extension 40-Year Expenditure Plan (in millions of 2002 dollars) # Expenditure Plan Component Total TransNet Requirement (40-year Total) Percent of Net a Percent of Total 1 Congestion Relief Program 2 Major Transportation Corridor Improvements: $6,850 50.5% 48.9% 3 Freeway, Highway. & Transit Capital Projects (2) $5,150 38.0% 36.8% 4 Project Specific Transit Operations $1,100 8.1% 7.9% 5 Freeway, Highway, & Transit Project Environmental Mitigation $600 4.4% 4.3% 6 Local System Improvements • $4,480 33.0% 32.0% 7 Local Street & Road Projects $3,950 29.1% 28.2% ' 8 Local Street & Road Project Environmental Mitigation $250 1.8% 1.8% • 9 Smart Growth Incentive Competitive -Grant Program $280 2.1% 2.0% 10 Transit System Improvements - $2,240 16.5% 16.0% 11., Continuing Bus/Rail Support and Improvements, including Senior/ 121 Disabled/Youth Transit Passes and Specialized Senior/Disabled Transportation Services 13 Sub -Total $13,570 100.0% N/A 14 Bicycle, Pedestrian & Neighborhood Safety Grant Program $280 * 2.0% 15 Administration $140 * 1.0% 16 Oversight Committee $10 * 0.1% 17 TOTAL TransNet Funding Requirement $14,000 100.0% 18 TOTAL TransNet Funds Available $14,000 100.0% 19 * These categories deducted "off the top" prior to other allocations. 20 Estimated Highway Total (1) $4,443 32.7% 21 Estimated Transit Total (1) $4,647 34.2% 22 Estimated Local Streets and Roads/Local Programs (1) $4,480 33.0% 23 Total Net % $13,570 100.0% NOTES: (1) Estimates based on net funding after admin deductions - Financing costs allocated 75% Highways / 25% Transit; Mitigation costs allocated 70% Highways / 30% Transit. (2) Funding reductions for the 1-5 North and SR 78 projects under Congestion Relief in the prior draft Expenditure Plan have been restored. Additional funding included for two additional lanes on SR 54/SR 125 from 1-805 to SR 94,1-5 from 1-8 to I-805, and SR 56 between 1-5 and 1-15. TRANSNET EXTENSION EXF 1DITURE PLAN ANALYSIS T4ble TABLE 1: Congestion Relief Program - Major Transportation Corridor Improvements p TransNet Proposal Tote/ Capital Cost Mitigation Cost** Net Capital Cost* Transit Operating Cost 2 1-15 $1,400 $10 $1,390 $240 3 1-805 $2,100 $24 $2,076 $170 4 1-5 (INTERNATIONAL BORDER TO 1-805) $1,893 $21 $1,872 $310 5 1-5 (1-805 TO VANDEGRIFT) $1,670 $60 $1,610 $170 6 SR-52 $410 $3 $407 $0 7 SR-94/SR-125 $620 $10 $610 $0 8 SR-54 / SR-125 $140 $1 $139 $0 9 SR-67 $240 $22 $218 $0 10 1-8 $30 $1 $29 $0 11 SR-78 $700 $8 $692 $130 12 SR-76 $180 $16 064 $0 13 SR-56 $100 $1 $99 $0 14 MID -CITY SAN DIEGO TO DOWNTOWN SAN DIEGO $90 $1 $89 $80 15 CORONADO TUNNEL $25 $0 $25 $0 16 BORDER ACCESS IMPROVEMENTS $25 $0 $25 $0 TOTAL ALL CORRIDORS $9,623 $178 $9,445 $1,100 (See FIGURE 1) TOTAL TRANSNET FUNDING REQUIREMENT ;, $4,650 $1,100 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION $5,750 ESTIMATED FINANCING COST: $500 FREEWAY/HIGHWAY/TRANSIT PROJECT ENVIRONMENTAL MITIGATION: $600 TOTAL TRANSNET: $6,850 CHANGES TO MARCH 19, 2004 DRAFT VERSION SHOWN IN BOLD. Note: Costs In millions of 2002 dollars and rounded to the nearest $10 million, with the exception of the matching funds included for the Coronado Tunnel and Border Access Improvement projects. *" Of the total net capital cost of $9,445 million, TransNet funding is assumed to leverage 50% from federal, state, and other sources. Additional matching funds are assumed to compensate for the 100% TransNet funds used for the Environmental Mitigation Program, reducing the TransNet requirement to approximately $4,650 million. ** The figures in this column represent the habitat -related mitigation costs included in the original cost estimates that will be funded out of the Environmental Mitigation Program. Page 1 Revisions Since March 19, 2004 Board Discussion 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TABLE 2: 1-15 CORRIDOR - ° ' , (SEE FIGURE 2) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 1 1-15 SR 163 SR56 8F 8F+4MUMB $220 c $220 2 1-15 Centre City Pkwy SR 78 8F 8F+4ML $120 c $120 3 1-15 SR94 5R 163 6FBF 8F+2HOV $200 $3 $197 4 HOV 2 HOV 1-15 SR 78 -- E to S, N to W $200 $3 $197 5 HOV2HOV 1-15 SR94 StoW,EtoN $150 $2 $148 6 SR94 1-5 1-15 8F 8F+2HOV $80 $1 $79 7 BRT Rt 610 via 115/SR94 CAPITAL Escondido Trans Ctr Downtown San Diego -- No Keahy Mesa Transitway; uses HOV lanes on I- 15 between Qualcomm and SR 52. Builds/upgrades 6 BRT stations, upgrades downtown stations, builds DARs in 4 locations. $370 $1 $369 7 BRT Rt 610 via 115/SR94 OPERATIONS Escondido Trans Ctr Downtown San Diego -- -'10'MirlPeak/19'minoffpeak 10 min peak only service by 2010; service-by 2030 :. $150 8 BRT Rt 470 via 115/Mira Mesa Blvd CAPITAL i. Escondido Trans Ctr Sorrento Mesa . -- .4 Escondido to Sorrento Mesa; - Uses Rt 610 stations and DARs. $60 <$1 $60 8 BRT Rt 470 via 115/Mira Mesa Blvd OPERATIONS Escondido Trans Ctr Sorrento Mesa -- 15 min peak only service from Escondido by 2016 $90 TOTAL FOR CORRIDOR: $1,400 $10 $1,390 $240 BRT capital costs include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. c=cleareci, project habitat impacts previously cleared or not included. Page 2 Revisions Since March 19 4 Board Discussion 0r '004 CORRID( ANALYSIS FOR TRANSNET EXTENSION TABLE 3: I-805 CORRIDOR (SEE FIGURE 3) TransNet Extension Project Number Route/Facillty From • To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 9 1-805 SR 905 SR 54 8F 8F+2HOV, Reversible $150 $2 $148 10 1-805 SR 54 1-8 8F 8F+4ML $450 $5 $445 11 1-805 Mission Valley Viaduct 8F 8F+4ML $250 $4 $246 12 1-805 1-8 1-5 8F 8F+4ML $380 $6 $374 13 1-805 and SR 54 Interchange improvements (E to 5) $10 <$1 $10 14 BRT Rt 628 via 1805/SR94 CAPITAL Otay Mesa Downtown San Diego Builds fewer DARs along 1-805 reflecting changes to highway improvement; Builds 13 stations and DARs iri4locations. $500 $3 $497 14 BRT Rt 628 via I805/5R94 OPERATIONS Otay Mesa Downtown San Diego -- 15 min peak /30 min offpeak.svc by 2010; 10 min peak /15 min offpeak service by 2020 $120 15 SR94HWAY 1-805 1-15 8F 8F+2HOV $70 $1 $69 16 BRT Rt 680 via 1805/115/SR52 CAPITAL San Ysidro Sorrento Mesa -- Builds 1 new station; uses DARs and stations built by routes 610 and 628. $70 <$1 $70 16 BRT Rt 680 via 1805/115/SR52 OPERATIONS San Ysidro Sorrento Mesa -- 15 min peak only service by 2015; 10 min peak only service by 2030 $50 17 SR 52 1-15 1-805 6F 6F+2HOV $70 $1 $69 18 HOV 2 HOV 1-805 SR 52 -- W to N, S to E $150 $2 $148 TOTAL FOR CORRIDOR: $2,100 $24 $2,076 $170 BRT capital costs include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. Page'3. Revisions Since March 19, 2004 Board Discussion 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TABLE 4: I-5 CORRIDOR (international Border to 1-805) .. .. . . (SEE FIGURE 4) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 19 1-5 SR 905 SR 54 8F 8F+2HOV $130 $2 $128 20 1-5 SR 54 1-8 8F 8F+2HOV $600 $6 $594 21 1-5 1-8 1-805 8F 8F+2HOV (including environmental and preliminary engineering for 1.5114 interchange Improvements $193 $1 $192 22 Route 500 Blue Line Trolley Improvements Conversion to low -floor vehicles, enhanced stations, signal upgrades, extended platforms, grade separations in Chula Vista $270 $2 $268 22 Route 500 Blue Line Trolley Improvements 7.5 min peak/7.5 min offpeak by 2020 $90 23 Route 570 MidCoast CAPITAL Old Town UCSD/UTC -- Extension of Tight rail transit from Old Town Transit Center to UTC vial-5 and UCSD $670 $10 $660 23 Route 570 MidCoast OPERATIONS Old Town UCSD/UTC -- 15 min all day service by 2020 $110 24 Route 634 Super Loop CAPITAL UTC UCSD -- Signal priority, queue jumper lanes, other arterial improvements, vehicles, stations $30 41 $30 24 Route 634 Super Loop OPERATIONS UTC UCSD -- 10 minute all day service by 2010 $110 TOTAL FOR CORRIDOR: $1,893 $21 $1,872 $310 BRT capital costs include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. Page 4 Revisions Since March 19, 20^4 Board Discussion 04/02/2004 CORRDDOb_ ANALYSIS FOR TRANSNET EXTENSION TABLE 5: 1-5 CORRIDOR (1-805 to Vandegrift Blvd.) (SEE FIGURE 5) TransNet Extension Project Number Route/Facility Y From To ExistingImprovement p Capita/ Cost Mitigation Cost Capital Cost Operating Cost 25 1-5/1-805 Merge 16F 16F+4ML $30 c $30 26 1-5 SR 56 Leucadla Blvd 8F 8F+4ML $400 $16 $384 27 1-5 Leucadia Blvd Vandegrift Blvd. 8F 8F+4ML $370 $11 $359 528 HOV 2 HOV 1-5 1-805 -- N to N, $ to S $180 $3 $177 29 FWY 2 FWY 1-5 SR 56 -- W to N, S to E $140 $4 $136 30 FWY 2 FWY 1-5 SR 78 -- W to S, S to E $150 $2 $148 31 1-5 CORRIDOR: Route 398 COASTER/BRT Route 472 (El Camino Real) CAPITAL Improvements -- Corridor transit improvements that would include some combination of projects from the following: Coaster: Vehicles, stations improvements including parking, double tracking and other improvements, Del Mar tunnel; and BRT (El Camino Real/1-5): Vehicles, stations, signal priority and other arterial Improvements along El Camino Real, direct access ramps on 1-5 south from Encinitas* $400 $24 $376 31 1-5 CORRIDOR: Route 398 COASTER/BRT Route 472 (El Camino Real) OPERATIONS Improvements -- Coaster: 20 min peak /current offpeak svc by 2016; 20 min peak /60 min offpeak service by 2025; BRT (El Camino Real/1-5): 15 min peak / 30 min offpeak service by 2020 $170 TOTAL FOR CORRIDOR: $1,670 $60 $1,610 $170 BRT capital costs include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. c=cleared, project habitat Impacts previously cleared or not included. * Coaster capital improvements estimated at $800 million. This assumes TransNet will contribute 25% based on past funding from state and federal sources. Major north -south transit service improvements are assumed for this corridor with the primary options being enhanced service on the Coaster and BRT service in the El Camino Real/1-5 Corridor. A Page 5 . Ravlsions Since March 19, 2004 Board Discussion 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TABLE 6: SR-52 ` ' • (SEE FIGURE 6) TransNet Extension Project Number Route/Facility From To Existln 9 Im rovement p Capital Cost Mitigation Cost Net Capital Cost Operating Cost 32 SR 52 1-15 SR 125 4F 6F+2ML (Reversible) $170 $3 $167 ( SR 52 SR 125 SR 67 -- 4F $240 c $240 TOTAL FOR CORRIDOR: $410 $3 $407 $0 c=cleared, project habitat impacts previously cleared or not Included. TABLE 7: SR-94 ! SR-125 (SEE FIGURE 6) TransNet Extension Project Number Route/FacilityFrom To Existing Improvement Capital Cost Mitigation Cost Net Capita/ Cost Operating Cost 34 SR 94 and SR 125 Interchange W to N, S to E $110 $2 $108 ( (1-805 to 1-5 segments included in 1-15 and 1-805 corridors for transit services) 35 S SR 94 SR 125 Steele Canyon 4F/4C-2C Widen to 6-lane freeway from SR 125 to Avocado Blvd and provide 4-lane conventional highway from Avocado Blvd to Steele Canyon $90 $2 $88 36 SR 94/SR 125 1-805 1-8 8F 8F+2HOV $350 $5 $345 37 Route 520 Orange Line Trolley CAPITAL Improvements -- Conversion to low -floor vehicles, enhanced stations, signal upgrades, extended platforms. Current headway. $70 $1 $69 TOTAL FOR CORRIDOR: $620 $10 $610 $0 Page 6 Revislons Since March 19, 2' 9oard Discussion 04/07^^n4 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TALE 8: SR-54 / SR-125 (SEE FIGURE 6) TransNet Extension ProjectNt Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Capital Cost Operating Cost 38 SR 54/5R 125 I-805 SR 94 4F+2/6 F Widen to provide a continuous 6F+211OV Facility $140 $1 $139 TOTAL FOR CORRIDOR: $140 $1 $139 $0 TABLE 9: SR-67 (SEE FIGURE 6) TransNet Extension Project Number Route/Facility yg From To Existing Improvement p Capital Cost Mitigation Cost Net Capital aa Operating Cost 39 SR 67 Mapleview St Dye Rd 2C 4C - To be constructed with environmental enhancements $240 $22 $218 TOTAL FOR CORRIDOR: $240 $22 $218 $0 TABLE 10: 1-8 CORRIDOR (SEE FIGURE 6) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitlgatlon Cost Net Capital Cost Operating Cost 40 1-8 Second St Los Coches 4F 6F $30 $1 $29 TOTAL FOR CORRIDOR: $30 $1 $29 $0 Page Revisions Since March 19, 2004 Board Discussion 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TABLE 11: SR-78 (SEE FIGURE 7) TransNet Extension Project Number Route/FacilityFrom • To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 41 SR 78 1-5 1-15 6F 6F+2HOV $500 $5 $495 FWY 2 FWY 1-5 SR 78 Included in 1-5 North Coast Corridor H SR 78 Corridor Route 399 SPRINTER/ BRT Route 471 (Palomar Airport Rd) CAPITAL Improvements -- Corridor transit improvements that would include some combination of projects from the following: SPRINTER: double tracking, North County Fair extension, some grade separations; and BRT (Palomar Airport Rd): vehicles, signal priority and other arterial improvlements; builds 18stations $200 $3 $197 42 SR 78 Corridor Route 399 SPRINTER/ BRT Route 471 (Palomar Airport Rd) OPERATIONS Improvements -- SPRINTER: 15 min peak /current offpeak svc by 2016, 15 min all day service by 2030; BRT (Palomar Airport Rd): 15 min peak / 30 min off peak service by 2020 `. $130 ,; .0 ; TOTAL FOR CORRIDOR: $700 $8 $692 $130 BRT capital costs include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. Major east -west transit service improvements are assumed for this corridor with the primary options being enhanced service on the Sprinter and BRT service in the Palomar Airport Rd /San Marcos Blvd Corridor. TABLE 12: SR-76 (SEE FIGURE 7) TransNet Extension Project Number Route/Facility From To Existing improvement Capital Cost Mitigation Cost Net Cf 1 C Operating Cost 43 SR 76 Melrose Dr 1-15 2C 4C - (Mission Road to 1-15 segment to be constructed with environmental enhancements) $180 $16 $164 TOTAL FOR CORRIDOR: $180 $16 $164 $0 Page 8 Revisions Since March 19, 2004 Board Discussion 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION TABLE 13: SR-56 (SEE FIGURE 7) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 44 SR 56 1-5 1-15 4F 6F $100 $1 $99 TOTAL FOR CORRIDOR: $100 $1 $99 $0 TABLE 14: MID -CITY SAN DIEGO TO DOWNTOWN SAN DIEGO (SEE FIGURE 7)• ' TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 45 BRT Showcase Rt 611 via El Cajon&Park Blvds CAPITAL SDSU Downtown San Diego -- Signal priority, queue jumper lanes, other arterial Improvements, vehicles; builds 13 stations and upgrades to downtown stations $90 $1 $89 45 BRT Showcase Rt 611• via El Cajon&Park Bivds OPERATIONS SDSU Downtown San Diego -- 10 min peak / 15 min offpeak by 2006 - $80 TOTAL FOR CORRIDOR: $90 $1 $89 $80 s Include new and/or improved stations, direct access ramps (DARs), vehicles, right of way, and arterial priority measures. Page 9 Revisions Since March 19, 2004 Board DIscusslon 04/02/2004 CORRIDOR ANALYSIS FOR TRANSNET EXTENSION _ -.. TABLE 1S: CORONADO TUNNEL (SEE FIGURE 7) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 46 5R75/5R 282 • Glorietta Blvd Alameda Blvd -- Tunnel Construction Match Only $25 c $25 TOTAL FOR CORRIDOR: $25 $0 $25 $0 c=cleared, project habitat impacts previously cleared or not included. TABLE 16: BORDER ACCESS IMPROVEMENTS (SEE FIGURE 7) TransNet Extension Project Number Route/Facility From To Existing Improvement Capital Cost Mitigation Cost Net Capital Cost Operating Cost 47 Border Access Improvements Miscellaneous improvements to enhance access in the border area. Construction Match $2S c $25 TOTAL FOR CORRIDOR: $25 $0 $25 $0 c=cleared, project habitat impacts previously cleared or not included. Page 10 Revisions Since March 19, ?" 1 Board Discussion 04r 14 Figure 1 PROPOSED TRANSNET PROJECTS April 2004 ® Transit luirmum Managed/HOV Lanes ® General Purpose Lanes mammas General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access See Table 1 MILES 3 G 4.83 9 G KIIOMEIERS r / 3 5an :lege. Regtgn- 1-15 (SR-94 - SR-163) 1-15 / 5R-78 (HOV - HOV) Figure 2 PROPOSED TRANSNET PROJECTS April 2004 1-15 CORRIDORS leaceusse Transit momiimast Managed/HOV Lanes eliliiMMUitti General Purpose Lanes mini e tot General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access • OVERALL NETWORK BilmineatIn Transit ® Managed/HOV Lanes General Purpose Lanes 3 9 ®H a General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors i Border Access MILES 0 3 6 I I KM 0 4S3 96 $an Diego Region MAP AREA Camp Pendleton North Count West Figure 3 PROPOSED TRANSNET PROJECTS April 2004 I-805 CORRIDORS tertumtim Transit comositcatm Managed/HOV Lanes tinivivzstti General Purpose Lanes e B B a to a General Purpose Lanes with Environmental Enhancements r eeway Connectors HOV to HOV Connectors Border cress OVERALL NETWORK =am= Transit Managed/HOV Lanes General Purpose Lanes B a 0 8 R General Purpose Lanes with Environmental Enhancements r eeway Connectors HOV to HOV Connectors Border cress MII ES 0 3 6 A 14 KM 0 83 7 E PROJECT DESCRIPTION I-805 CORRIDOR PROJECT COST ($ Millions) 9 1-805 (SR-905 - SR-54) 5148 10 1-805 (SR-54 - 1-8) 5445 11 1-805 (Mission Valley) 5Z46 12 1-805 (1-8 -1-5) 5374 13 1-805 / SR-54 (Interchange) 510 14 BRT (Otay Mesa - Downtown) 5617 15 SR-94 (1-805 -1-15) S69 16 BRT (San Ysidro - Sorrento Mesa) S120 17 SR-52 (I-15 - 1-805) 569 18 1-805 / SR-52 (HOV - HOV) 5148 TOTAL COST: $2,246 See Table 3 MEXICO I / '5an Diego Region MAP AREA Camp Pendleton North Count West Figure 4 PROPOSED TRANSNET PROJECTS April 2004 1-5 CORRIDOR (International Border to 1-805) Transit matEstztail Managed/HOV Lanes natzetre General Purpose Lanes e 9 9 9 0 General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access OVERALL NETWORK tz10110Tmo Transit 20EIMIIwPM Managed/HOV Lanes EBEEPEtMo General Purpose Lanes 11 n ©u e 11 General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors ( Border Access 483 96 �'S.411IDAG Tijuana, B-C PROJECT DESCRIPTION 1-5 CORRIDOR (International Border to 1-805) PROJECT COST (5 Millions) t 19 1-5 (SR-905 - SR-54) 5128 20 1-5 (512-54 - 1-8) 5594 21 1-5 (1-8 - 1-805) 5192 22 Blue Line Trolley Improvements 4358 23 Mid -Coast Transit Guideway Project 5770 24 Mid -Coast Super Loop S140 TOTAL COST: 52.182 See Table 4 1-4 PROJECT DESCRIPTION I-5 CORRIDOR (1-805 to Vandegrift Blvd.) PROJECT COST (5 Millions) 25 1-5 - 1-805 Merge 530 26 1-5 (SR-56 - Leucadia Blvd.) 5384 27 1-5 (Leucadia Blvd. -Vandegrift Blvd.) 5359 28 1-5 / 1-805 (HOV - HOV) 5177 29 1-5 / SR-56 Connectors 5136 30 1-5 / SR-78 Connectors 5148 31 North -South Transit 5546 Improvements: COASTER / BRT (El Camino Real) TOTAL COST: $1,780 See Table 5 MAP AREA Camp Pendleton North Count West Figure 5 PROPOSED TRANSNET PROJECTS April 2004 1-5 CORRIDOR (I-805 to Vandegrift Blvd.) Ecie Transit Managed/HOV Lanes teMPEomms General Purpose Lanes a e R n a General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors ® Border Access OVERALL NETWORK 4ntatmi.0 Transit Managed/HOV Lanes PEEEPEEPThe General Purpose Lanes a a 3 2 6 e General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access MILES 0 6 KM 0 =1 83 9 SariDiegagegiun MAP AREA Camp Pendleton North Count West Figure 6 PROPOSED TRANSNET PROJECTS April 2004 EAST COUNTY CORRIDORS etSIMORRI Transit Managed/HOV Lanes limimassica General Purpose Lanes ti n R 8 General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors 6 Border Access OVERALL NETWORK zomaozi Transit 0206000 Managed/HOV Lanes General Purpose Lanes General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access PROJECT DESCRIPTION EAST COUNTY CORRIDORS PROJECT COST ($ Millions) 32 SR-52 (1-15 - 5R-125) S367 33 SR-52 (SR-125 - 5R-67) 5240 34 SR-94 / SR-125 Connectors 5108 35 SR-94 (5R-125 - Steele Canyon) 588 36 SR-94 / 125 (1-805 -1-8) 5345 37 Orange Line Trolley Improvements 569 38 5R-54 / SR-125 (1-805 - SR-94) 5139 39 5R-67 (Mapleview - Dye Rd. 5218 40 1-8 (29d Street - Las Coshes) $29 TOTAL COST: 51,403 See Tables 6, 7, 8, 9 & 10 MEXICO satI Dieje I egion Figure 7 PROPOSED TRANSNET PROJECTS April 2004 ADDITIONAL CORRIDORS sessmwrisi Transit Managed/HOV Lanes NIStImworm General Purpose Lanes P C I n e a General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors Border Access OVERALL NETWORK laWaimatrga Transit EssWISAms Managed/HOV Lanes General Purpose Lanes 00 a ®n n General Purpose Lanes with Environmental Enhancements Freeway Connectors HOV to HOV Connectors PROJECT DESCRIPTION ADDITIONAL CORRIDORS East-West Corridor Transit Improvements; SPRINTER / BRT (Palomar Airport Rd.) 46 Coronado Tunnel (Construction only) 47 Border Access Improvements L1 q Attachment 3 ' TRANSNET EXTENSION ENVIRONMENTAL. MITIGATION PROG D FT PRINCIPLES Revised: 4/2/®4 M (EMP) 1. The TransNet Extension Expenditure Plan shall include a funding allocation category entitled "Transportation Project Environmental Mitigation Program." 2. The Environmental Mitigation Program shall include an allocation for the estimated direct costs for mitigation of upland and wetland habitat impacts for regional transportation projects included in the proposed TransNet Expenditure Plan, as well as for regional projects which are included in the adopted 2030 Regional Transportation Plan Mobility Network The "mitigation costs," including land acquisition', restoration, management, and monitoring, for these regional projects are estimated at approximately $450 million. Funds for direct mitigation, management and monitoring of these projects shall be placed into a "Transportation Project Mitigation Fund," where they can be used as partial funding for regional habitat management and monitoring activities related to implementation of the Multiple Species Conservation Plan, North County Multiple Habitat Conservation Plan, and future amendments thereto. 3. The Environmental Mitigation Program shall also include an allocation for the estimated direct costs for mitigation of upland and wetland habitat impacts for local transportation projects, in a total amount not to exceed $200 million. Funds for direct mitigation of these projects shall also be placed in the "Transportation Project Mitigation Fund" outlined in Section 2 above. 4. The Environmental Mitigation Program shall also include a funding allocation for the estimated economic benefits of incorporating specified regional and local transportation projects into applicable habitat conservation plans, thereby allowing mitigation requirements for covered species to be fixed, and allowing mitigation requirements to be met through purchase of land in advance of need in larger blocks at a lower cost. The benefits of this approach are estimated at approximately $200 million ($150 million for regional projects and $50 million for local projects). This amount will be allocated to a "Regional Habitat Conservation Fund," which will be made available for regional habitat acquisition, management and monitoring activities necessary to implement the regional habitat conservation plans described in Section 2 above. Therefore, the total funding allocation for the Environmental Mitigation Program shall be set at $850 million. 5. SANDAG shall work with the Wildlife Agencies (California Department of Fish and Game and the US Fish and Wildlife Service) and permit holders under the existing regional habitat conservation plans to establish a regional entity that will be responsible for the allocation of funding included in the "Regional Habitat Conservation Fund" in accordance with the goals and policies of said plans. In addition, this entity will provide recommendations regarding the structure and content of future funding measures as described in Section 10 below. 6. Land acquisitions, and management and monitoring activities, that result from the implementation of this program shall receive credit toward the "regional funding obligations," if any, under the applicable habitat conservation plans, with the exception that land acquisitions in the Multiple Species Conservation Program planning area shall not count toward the regional funding obligation for land acquisition (currently estimated at 10,267 acres) established for that program. 7. In order to provide the economic benefits of the proposed EMP, the participating local jurisdictions shall apply for, and the Wildlife Agencies shall process, any necessary amendments to the previously adopted Multiple Species Conservation Plan and related agreements and permits, to include RTP transportation projects as "covered projects" under this plan pursuant to the standards in effect at that time for the remaining life of those plans. For projects in the planning areas of the North County Multiple Habitat Conservation Plan and proposed Multiple Species Conservation Program for unincorporated North County, the participating local jurisdictions shall include RTP projects in their proposed plans and implementing agreements, and the wildlife agencies will process those plans and agreements so as to provide coverage for RTP projects for the life of those plans. 8. The expenditure of funds included in this allocation category shall be phased over time in order to allow goals of regional habitat acquisition, management and monitoring to be met, while also meeting the requirements for individual transportation projects. The timeframe by which the phasing will be done will allow for the early acquisition of land within the first 10 years of the permits and/or amended permits with corresponding funds available for management and monitoring. In addition, mitigation land for projects in the planning area covered in the proposed MSCP plan for unincorporated North County shall be purchased within the multiple habitat planning area designated for that plan, while mitigation for projects in the adopted MSCP and MHCP planning areas shall be purchased within the multiple habitat planning areas designated for those plans, unless otherwise approved by SANDAG, the Wildlife Agencies, and affected permit holders. As transportation projects are completed, if it is determined that the actual direct costs for mitigation of upland and wetland habitat impacts are less than those which were estimated in Section 2 above, those cost savings shall be transferred to the "Regional Habitat Conservation Fund" described in Section 4 above. 9. In addition to the direct economic benefits associated with inclusion of these projects in the applicable habitat conservation plans, SANDAG and the Wildlife Agencies both recognize the value of expedited processing of environmental documents for individual transportation projects by all involved Federal, State, and regional agencies. Therefore, SANDAG and the Wildlife Agencies shall actively support efforts to accomplish complete review of environmental documents within reduced timeframes. To the extent that the processing time required for such documents is reduced, the value of expedited processing shall be allocated equally between transportation -related expenditures and the "Regional Habitat Conservation Fund". SANDAG and the Wildlife Agencies will develop guidelines for implementing this principle within one year of the passage of the TransNet extension. 10. SANDAG agrees to act on additional regional funding measures (a ballot measure and/or other secure funding commitments) to meet the long-term requirements for implementing habitat conservation plans in the San Diego region, within the timeframe necessary to allow a ballot measure to be considered by the voters no later than four years after passage of the TransNet Extension. In the event that such future funding measures generate funding to fully meet regional habitat acquisition and management requirements, SANDAG is authorized to reallocate excess funds included in the "Regional Habitat Conservation Fund" to local transportation projects. 11. In the event that SANDAG and its member agencies are not able to obtain coverage for transportation projects in applicable habitat conservation plans in accordance with the principles set forth above, the funding allocations set forth in this program shall be made available to meet habitat mitigation requirements of transportation projects, either through an alternative program that is acceptable to SANDAG, its member agencies, and the Wildlife Agencies, or through environmental review and permitting of individual projects under existing regulatory procedures. Attachment 4 TransNet Expenditure Plano Environmental Enhancement Criteria Mitigating Highway 67, 76, and 94 Expansion Impacts Segments of Highways SR 67, SR 76 and SR 94 are proposed for expansion from two to four lanes through funding identified in the TransNet Expenditure Plan. The proposed expansions will have substantial direct and indirect impacts to plant and animal species and to the regional wildlife movement corridors bisected by the roads. These corridors are essential "infrastructure" for our region's nationally -recognized habitat preservation plans. Very high levels of road kill are a significant existing condition on all of these highway segments, which could be exacerbated by the increased traffic along the expanded highways should they be widened. Direct and indirect impacts to sensitive plant and animal populations, and to the function of the wildlife corridors, should be mitigated in order to produce an on -site "net - benefit" to species and to the movement of wildlife along these wildlife corridors. In order to accomplish this objective, it is necessary that the adopted TransNet Expenditure Plan include policy language and directives that insures the "net benefit". mitigation standard is met. This will require a comprehensive baseline analysis of existing and future conditions, adoption of measures to mitigate direct and indirect impacts to species, adoption of measures to accommodate species -specific wildlife movement through the corridors, and implementation of capital project designs that can reduce impacts. Biological analysis and recommendations need to be consistent with MSCP and MHCP goals and objectives, data, and protocols. Analysis will commence at the time of, or prior to, TransNet funding availability. Key road segments: • SR67, Mapleview to Dye Road • SR76, Melrose to 1-15 > SR94, Jamacha Road to Steele Canyon Road Attache e t 5 TransNet EXTENSION REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM Providing new transportation services and facilities is an expensive undertaking. Not providing them, however, will result in a decreased quality of life due to significant increases in traffic congestion, degrading mobility throughout the San Diego region. As SANDAG's Regional Transportation Plan explains, our challenge is especially critical for the Regional Arterial System, which is forecast to carry an increasingly significant amount of traffic volume. The SANDAG Board recognizes the need to establish a new Regional Transportation Congestion Improvement Program that ensures future development will contribute its share toward funding and mitigating new traffic impacts on the Regional Arterial System. A. Funding Program 1. Section 9 of the TransNet Ordinance requires that local jurisdictions establish a program or mechanism that provides $2,000 per new residential unit for the purpose of funding the Regional Arterial System, including SR75. For purposes of the RTCIP, the Regional Arterial System is defined in SANDAG's most recent and adopted Regional Transportation Plan. Each jurisdiction's program or mechanism shall be known as a "Funding Program." Local jurisdictions may choose to implement a Funding Program through a development impact fee program or other exactions from the private sector. 2. In the event a jurisdiction(s) chooses to establish a development impact fee program to meet its Funding Program requirements, said program shall be consistent with Government Code Section 66000 et seq. 3. SANDAG will be responsible for producing the required nexus study to satisfy the requirements of California Government Code Section 66000 et seq. for Funding Programs utilizing a development impact fee. The first draft of the regional nexus study shall be presented to the SANDAG Board within nine months of the successful reauthorization of TransNet. 4. In no case will non-residential development be subject to a development impact fee to meet the requirements of Section 9 of the TransNet Ordinance. 5. Each jurisdiction's Funding Program shall be reviewed by the Independent Taxpayer Oversight Committee referred to in Section 11 of the TransNet Ordinance prior to April 1, 2008, approved by Regional Transportation Commission by June 1, 2008 and shall become operative on July 1, 2008. Purpose 1. The purpose of each jurisdiction's Funding Program is to provide additional revenue to fund those facility and service improvements on the Regional Arterial System necessitated by development of newly constructed residences. C. Fee Adjustment 1. The fee amount per residential unit shall be adjusted by SANDAG on July 1 of each year based upon the Engineering Construction Cost Index as published by the Engineering News Record or similar cost of construction index. 2. Any increase shall not exceed the percentage increase set forth in the construction index. In no event, however, shall the increase be less than two percent per year. The purpose of this annual adjustment is to retain purchasing power in anticipation of future inflation. D. Expenditure of Funding Program Revenues 1. Revenues collected under Section 9 of the TransNet Ordinance shall be deposited into each jurisdiction's Funding Program for use on the Regional Arterial System as defined in this Section. 2. Revenue collected through the Funding Programs shall be used to construct transportation improvements such as new arterial roadway lanes, turning lanes, reconfigured freeway -arterial interchanges, railroad grade separations and new regional express bus services, or similar types of improvements, preliminary and final engineering, right of way acquisition, and construction that will be needed to accommodate future travel demand generated by new development throughout the San Diego region. A reasonable portion of the program revenue may be used for fund administration. 3. Expenditure of the Funding Program revenues shall be in a manner consistent with the expenditure priorities in SANDAG's most recent and adopted long-range Regional Transportation Plan and with Section 5 of the TransNet Ordinance. To maximize the effective use of these Funding Program revenues, they may be transferred or exchanged in accordance with the intent of Section 7 of the TransNet Ordinance. E. Exemptions The following development types shall be exempt from the Funding Program requirements: 1. New moderate, low, very low, and extremely low income residential units as defined in Health & Safety Code sections 50093, 50105, 50106, and by reference in Government Code section 65585.1. 2. Government/public buildings, public schools and public facilities. 3. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. 4. All new, rehabilitated, and/or reconstructed non-residential structures. 5. Development Projects which are the subject of a Public Facilities Development Agreements (pursuant to appropriate Government Code Sections) prior to the effective date of this ordinance, wherein the imposition of new fees are expressly prohibited, provided, however that, if the term of such a Development Agreement is extended after the effective date of this Ordinance, the requirements of this funding program shall be imposed. Guest Dwellings 7. Additional residential units located on the same parcel regulated by the provisions of any agricultural zoning. 8. Kennels and Catteries established in conjunction with an existing residential unit. 9. The sanctuary building of a church, mosque, synagogue, or other house of worship, eligible for property tax exemption. 10. Residential units that have been issued a building permit prior to July 1, 2008. 11. Condominium conversions F. Credits 1. If a developer funds or constructs improvements on the Regional Arterial System and/or as that arise out of SANDAGts,Congestion Management Program, the developer shall receive credit for the costs associated with the arterial improvements, offsetting the revenue requirements of the Funding Program. Such credits shall only apply to the Funding Program for the jurisdiction in which the residential unit was developed. 2. In special circumstances, when a developer constructs off -site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by the local jurisdiction in consultation with the developer. 3. The amount of the credit shall not exceed the revenue requirements of the most current Funding Program or actual cost, whichever is less. 4. The local jurisdictions shall compare facilities in their Funding Program, against the Regional Arterial System and eliminate any overlap in its Funding Program except where there is a legally recognized benefit district established. 5. If there is a legally recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against its Funding Program. G. Procce el es fur the Levy, Colliectiorn and Disposition of Funding Program Revenues 1. Each jurisdiction shall establish and implement a procedure to levy and collect its required contribution to the RTCIP in its Funding Program document. 2. Each jurisdiction shall determine its own schedule for collecting and/or contributing private sector exactions to its Funding Program. This schedule shall be kept up-to-date and provided to SANDAG and the Independent Taxpayers Oversight Committee each year at the time of the annual review and audit. Each jurisdiction must submit its Funding Program documents, including an expenditure plan and financial records pertaining to its Funding Program, to the Independent Taxpayer Oversight Committee for a review and audit by July 1 of each year beginning July 1, 2009. The Taxpayer Independent Oversight Committee shall review each jurisdiction's Funding Program consistent with its auditing role as described in Section 11 and the Statement of Understanding referenced in that Section. 3. Funding Program revenue requirements shall not be waived. 4. Each jurisdiction shall have up to but no more than seven fiscal years to expend Funding Program revenues on the Regional Arterial Systems projects. The seven year term shall commence on the first day of July following the jurisdiction's receipt of the revenue. At the time of the review and audit by the Independent Taxpayer Oversight Committee, each jurisdiction collecting a development impact fee to meet the requirements of its Funding Program shall provide the Committee with written findings for any expended, unexpended and uncommitted fees in their Program Fund and demonstrates a reasonable relationship between the fee and the purpose for which it was charged, consistent with the requirements of Government Code Section 66000 et seq. Unless a planned need for such fees can be demonstrated and a justification for the delay can be provided that is acceptable to the Taxpayer Independent Oversight Committee, the unexpended or uncommitted portion of the Funding Program revenues shall be transferred to the Regional Transportation Commission (SANDAG) to be expended within three years on qualified projects within the same subregion. Contributions to the Funding Program not committed or expended by the tenth anniversary date of the July 1 following collection shall be refunded to the current record owner of the development project on a prorated basis. In no case will a refund be more than was initially contributed to the Funding Program. 5. The Independent Taxpayers Oversight Committee identified in Section 11 of the TransNet Ordinance shall be responsible for issuing an annual audit statement on each jurisdiction's compliance with requirements of Section 9 of the TransNet Ordinance by October 1 of each year beginning October 1, 2009. SANDAG will report to the Board on the RTCIP and the annual audit statement in November of each year beginning in November 2009. Attachment 6 DRAFT STATEMENT OF UNDERSTANDING REGARDING THE IMPLEMENTATION OF THE INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE FOR THE TRANSNET PROGRAM Purpose rpose of the ITOC The Independent Taxpayer Oversight Committee (ITOC) is intended to provide an increased level of accountability for expenditures made under the TransNet Extension, in addition to the independent annual fiscal and compliance audits required under the existing TransNet program. The ITOC should function in an independent, open and transparent manner to ensure that all voter mandates are carried out as required in the Ordinance and Expenditure Plan, and to develop positive, constructive recommendations for improvements and enhancements to the financial integrity and performance of the TransNet program. intent of the ITOC as a Functional Partner to SANDAG The TransNet Ordinance contains a summary of the ITOC's role and responsibilities consistent with the above Purpose. In this document, additional and supplementary details with regard to the ITOC are delineated. These pertain to the process for selecting members of 1TOC, terms and conditions governing membership, responsibilities, funding and administration, and conflict of interest provisions. It is noteworthy that these details have been developed in a cooperative process between SANDAG and representatives of the San Diego County Taxpayers Association, and with the involvement of other transportation professionals within the region. This document is understood to provide the basis for describing how the ITOC will function once the Ordinance is approved. In addition to the details outlined in this document the intent that provides the foundation for the desired partnership between ITOC and SANDAG, as viewed by the principal authors, is summarized as follows: Resource —it is the intent that the ITOC will serve as an independent resource to assist in SANDAG's implementation of TransNet projects and programs. The Committee's membership is designed to provide to SANDAG a group of professionals who, collectively, can offer SANDAG the benefit of their experience to advance the timely and efficient implementation of TransNet projects and programs. The ITOC will work in a public way to ensure all deliberations are conducted in an open manner. Regular reports from the ITOC to the SANDAG Board of Directors (or policy committees) are expected with regard to program and project delivery, and overall performance. Productive it is the intent that the ITOC will rely upon data and processes available at SANDAG, studies initiated by the ITOC, and other relevant data generated by reputable sources. It is understood, however, that SANDAG will be continuously striving to improve the reliability of data and to update analytical and modeling processes to be consistent with the state-of-the- art, and that the ITOC will be kept abreast of any such efforts, and invited to participate in development of such updates in a review capacity. • Cost -efficient --it is the intent that the ITOC will not add cost burden to SANDAG's implementation of the TransNet program and projects. Rather, through a cooperative and productive working relationship between ITOC and the SANDAG implementation team, it is the objective that costs will be saved. • Flexible —it is the intent that the ITOC will assist SANDAG to be opportunistic to take advantage of changing situations in the future with regard to technologies and transportation developments. Therefore, the provisions contained below are viewed through 2038 based upon a 2004 perspective and are not meant to be unduly restrictive on ITOC's and SANDAG's roles and responsibilities. Membership and Selection Process 1. Membership: There shall be seven ITOC voting members with the characteristics described below. The intent is to have one member representing each of the specified areas of expertise. However, if, after a good faith effort, qualified individuals have not been identified for one or more of the areas of expertise, then no more than two members from one or more of the remaining areas of expertise may be selected. For each of the areas of expertise listed below, an individual representing one of the region's colleges or universities with a comparable level of academic experience also would be eligible for consideration. • A professional in the field of municipal/public finance and/or budgeting with a minimum of ten years in a relevant and senior decision snaking position in the public or private sector. • A licensed architect, civil engineer or traffic engineer with demonstrated experience of ten years or more in the fields of transportation and/or urban design in government or the private sector. i • A professional with demonstrated experience of ten years or more in real estate, land economics, and/or right-of-way acquisition. o A professional with demonstrated experience of ten years or more in the management of large-scale construction projects. ▪ A licensed engineer with appropriate credentials in the field of transportation project design or construction and a minimum of ten years experience in a relevant and senior decision making position in the government or private sector. • The chief executive officer or person in a similar senior -level decision making position, of a major private sector employer with demonstrated experience in leading a large organization. • A professional in biology or environmental science with demonstrated experience of ten years or more with environmental regulations and major project mitigation requirements and/or habitat acquisition and management. • Ex-Officio Members: SANDAG Executive Director and the San Diego County Auditor The criteria established for the voting members of the ITOC are intended to provide the skills and experience needed for the ITOC to carry out its responsibilities and to play a valuable and constructive role in the ongoing improvement and enhancement of the TransNet program. Applications will be requested from individuals interested in serving on the ITOC through an open, publicly noticed solicitation process. 2. Technical Screening Committee: A technical screening committee will be established to review applications received from interested individuals. This committee will consist of three members selected by the SANDAG Executive Director from high-level professional staff of local, regional, state or federal transportation agencies outside of the San Diego region, or from one of the region's colleges or universities in a transportation -related field, or a combination thereof. The committee will develop a list of candidates determined to be qualified to serve on the ITOC based on the criteria established for the open position(s) on the ITOC. The technical screening committee will recommend two candidates for each open position from the list of qualified candidates for consideration by the Selection Committee. The recommendations shall be made within 30 days of the noticed closing date for applications. 3. Selection Committee: A selection committee shall be established to select the ITOC members from the list of qualified candidates recommended by the technical screening committee. The selection committee shall consist of the following: • Two members of the County of San Diego Board of Supervisors • The Mayor of the City of San Diego • A mayor from the Cities of Chula Vista, Coronado, Imperial Beach, or National City selected by the mayors of those cities. • A mayor from -the Cities of El Cajon, La Mesa, Lemon Grove, or Santee selected by the mayors of those cities. • A mayor from the Cities of Carlsbad, Del Mar, Encinitas, Oceanside, or Solana Beach selected by the mayors of those cities. • A mayor from the Cities of Escondido, Poway, San Marcos, or Vista selected by the mayors of those cities. The selection of ITOC members shall be made within 30 days of the receipt of recommendations from the technical screening committee. All meetings of the selection committee shall be publicly noticed and conducted in full compliance with the requirements of the Brown Act. Should the selection committee be unable to reach agreement on a candidate from the qualified candidates recommended by the technical screening committee, the selection committee shall request the technical screening committee to recommend two additional qualified candidates for consideration. Terms and Conditions for tTOC members ITOC members shall serve a term of four years, except that initial appointments may be staggered. ITOC members shall serve without compensation except for direct expenses related to the work of the ITOC. In no case shall any member serve more than eight years on the ITOC. If and when vacancies in the membership of the ITOC occur, the same selection process as outlined above shall be followed to select a replacement to fill the remainder of the term. At the completion of a term, eligible incumbent members will need to apply for reappointment for another term. a Term limits for ITOC members should be staggered to prevent significant turnover at any one time. The initial appointment process should be based on this staggered term limit concept. ITOC Responsibilities The ITOC shall have the following responsibilities: 1. Conduct an annual fiscal and compliance audit of all TransNet-funded activities using the services of an independent fiscal auditor to assure compliance with the voter -approved Ordinance and Expenditure Plan. This annual audit will cover all recipients of TransNet funds during the fiscal year and will evaluate compliance with the maintenance of effort requirement and any other applicable requirements. The audits will identify expenditures made for each project in the prior fiscal year and will include the accumulated expenses and revenues for ongoing, multi -year projects. 2. Prepare an annual report to the SANDAG Board of Directors presenting the results of the annual audit process. The report should include an assessment of the consistency of the expenditures of TransNet funds with the Ordinance and Expenditure Plan and any recommendations for improving the financial operation and integrity of the program for consideration by the SANDAG Board of Directors. This consistency evaluation will include a review of expenditures by project type for each local jurisdiction. The ITOC shall share the initial findings of the independent fiscal audits and its recommendations with the SANDAG Transportation Committee 60 days prior to their release to resolve inconsistencies and technical issues related to the ITOC's draft report and recommendations. Once this review has taken place, the ITOC would make any final amendments it deems appropriate to its report and recommendations, and adopt its report for submission directly to the SANDAG Board of Directors and the public. The ITOC shall strive to be as objective and accurate as possible in whatever final report it adopts. Upon completion by the ITOC, the report shall be presented to the SANDAG Board of Directors at its next regular meeting and shall be made available to the public. 3. Conduct triennia! performance audits of SANDAG and other agencies involved in the implementation of TransNet-funded projects and programs to review project delivery, cost control, schedule adherence and related activities. The review should include consideration of changes to contracting, construction, permitting and related processes that could improve the efficiency and effectiveness of the expenditure of TransNet revenues. These performance audits shall be conducted using the services of an independent performance auditor and should include a review of the ITOC's performance. A draft of the ITOC's report and recommendations regarding the performance audits shall be made available to the SANDAG Transportation Committee at least 60 days before its final adoption by the ITOC to resolve inconsistencies and technical issues related to the ITOC's draft report and recommendations. Once this review has taken place, the ITOC would make any final amendments it deems appropriate to its report and related recommendations, and adopt its report for presentation directly to the SANDAG Board of Directors and the public. The ITOC shall strive to be as objective and constructive as possible in the text and presentation of the performance audits. Upon completion by the ITOC, the report shall be presented to the SANDAG Board of Directors at its next regular meeting and shall be made available to the public. 4. Provide recommendations to the SANDAG Board of Directors regarding any proposed amendments to the Ordinance and Expenditure Plan. 5. Provide recommendations as part of the 10-year review process. This process provides an opportunity to undertake a comprehensive review of the TransNet program every 10 years and to make recommendations for improving the program over the subsequent 10 years. This review process should take into consideration the results of the TransNet-funded improvements as compared to the performance standards established through the Regional Transportation Plan and the Regional Comprehensive Plan. 6. Participate in the ongoing refinement of SANDAG's transportation system performance measurement process and the project evaluation criteria used in development of the Regional Transportation Plan (RTP) and in prioritizing, projects for funding in the Regional Transportation Improvement Program. The focus' of this effort will be on TransNet-funded projects. Based on the periodic updates to the RTP, as required by state and federal law, the oversight committee shall develop a report to the SANDAG Transportation Committee, the SANDAG Board of Directors and the public providing recommendations for possible improvements and rnodifications to the TransNet program. 7. On an annual basis, review ongoing SANDAG 'cyst€m performance evaluations, including SANDAG's "State of the Commute" report, and provide an independent analysis of information included in that reps. This evaluation process is expected to include such factors as level of service measurements by roadway segment and by time of day, throughput in major travel corridors, and travel time comparisons by mode between major trip origins and destinations. Such information will be used as a tool in the RTP development process. 8. Review and comment on the programming of TransNet revenues in the Regional Transportation Improvement Program (RTIP). This provides an opportunity for the ITOC to raise concerns regarding the eligibility of projects proposed for funding before any expenditures are made. In addition to a general eligibility review, this effort should focus on significant cost increases and/or scope changes on the major corridor projects identified in the Ordinance and Expenditure Plan. 9. Review proposed debt financings to ensure that the benefits of the proposed financing for accelerating project delivery, avoiding future cost escalation, and related factors exceed issuance and interest costs. 10. Review the major Congestion Relief projects identified in the Ordinance for performance in terms of cost control and schedule adherence on z quarterly basis. In carrying out its responsibilities, the ITOC shall conduct its reviews in such a manner that does not cause unnecessary project delays, while providing sufficient time to ensure that adequate analysis can be completed to allow the ITOC to make objective recommendations and to provide the public with information about the implementation of the TransNet program. ITOC Fw dling and Administration 1. All costs incurred in administering the activities of the ITOC, including related fiscal and performance audit costs, shall be paid annually from the proceeds of the TransNet sales tax. The funds made available to the ITOC shall not exceed $250,000 annually, as adjusted for inflation annually for the duration of the program. Any funds not utilized in one fiscal year shall remain available for expenditure in subsequent years as part of the annual budget process. 2. The expenditures of the ITOC shall be audited annually as part of the same fiscal audit process used for all other TransNet- funded activities. 3. The process for selecting the initial ITOC members shall be started no later than April 1 of the year following the passage of the Ordinance by the voters. Because the funding for this activity would not be available until Fiscal Year 2008-09, the ITOC activities during the initial transition period will be phased in to the extent possible within the budget constraints of the one percent administrative cap under the current TransNet Ordinance. Given the thirty-year duration of the TransNet tax extension, the ITOC shall continue as long as funds from the current authorization remain available. 4. An annual ITOC operating budget shall be prepared and submitted to the SANDAG Board of Directors for its approval 90 days prior to the beginning of each fiscal year. 5_ All ITOC meetings shall be public meetings conducted in full compliance with the Brown Act. The ITOC will meet on a regular basis, at least quarterly, to carry out its roles and responsibilities. 6. SANDAG Directors and staff will fully cooperate with and provide necessary support to the ITOC to ensure that it successfully carries out its duties and obligations, but should limit involvement to the provision of information required by the ITOC to ensure the independence of the ITOC as it carries out its review of the TransNet program and develops its recommendations for improvements. 7. ITOC members and their designated auditors shall have full and timely access to all public documents, records and data with respect to all TransNet funds and expenditures. 8. All consultants hired by the ITOC shall be selected on an open and competitive basis with solicitation of proposals from the widest possible number of qualified firms as prescribed by SANDAG's procedures for the procurement of professional services. The scope of work of all such consultant work shall be adopted by the ITOC prior to any such solicitation. 9. SANDAG shall provide meeting space, supplies and incidental materials adequate for the ITOC to carry out its responsibilities and conduct its affairs. Such administrative support shall not be charged against the funds set aside for the administration of the ITOC provided under No. 1 above. Conflict of Interest The ITOC shall be subject to SANDAG's conflict of interest policies. ITOC members shall have no legal action pending against SANDAG and are prohibited from acting in any commercial activity directly or indirectly involving SANDAG, such as being a consultant to SANDAG or to any party with pending legal actions against SANDAG during their tenure on the ITOC. ITOC members shall not have direct commercial interest or employment with any public or private entity, which receives TransNet sales tax funds authorized by the voters in this ordinance. Preliminary Questions and Comments on Draft TransNet Ordinance —with Responses ,L�` ®r, hyiil 3 lh�i, .i� r1 a•k- (,, y + f, V1� ,Z, i �.�� 1 t. , .. 4rA,.:.i .�.. ; t , .. 4i. t ; troll' .+€".: SECTION 1. TITLE 1 How much of the "retail transactions and use tax" is paid by individual consumers as opposed to businesses? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club A similar analysis done for the 1987 TransNet measure is being reviewed, and updated information will be provided, as needed. SECTION 2. EXPENDITURE PLAN SUMMARY 2 Does the term "TransNet Extension Expenditure Plan Analysis" conflict with the term "Expenditure Plan" defined by Section 21 G? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club No. The " TransNet Extension Expenditure Plan Analysis" refers to the more detailed set of maps and tables incorporated by reference into the Ordinance. 3 Is the term "San Diego Transportation Improvement Program" the same as "Regional Transportation Improvement Program" as defined by Section 21 H? If so, how can the implementation of this program produce "ancillary proceeds" and should the use of these proceeds be in accordance with the RTP, Expenditure Plan, and/or anything else? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The term "San Diego Transportation Improvement Program" refers to the TransNet Expenditure Plan. The Regional Transportation Improvement Program (RTIP) is the five-year programming document required by Section 65080 of the Government Code. The RTIP is prepared biennially and adopted by SANDAG acting as the designated Regional Transportation Planning Agency (RTPA) for the San Diego region. "Ancillary proceeds" refers to interest earnings and proceeds from the sale of excess right-of-way or equipment purchased with sales tax revenue. A. Congestion Relief Program ® Major Capital Projects 4 Recommends including in the TransNet Expenditure Plan additional major highway projects from the MOBILITY 2030 Unconstrained Revenue scenario. Letter dated 12/15/03 from William R. Clevenger, President, San Diego Highway Development Association In accordance with the SANDAG Board's direction, the list of projects considered for the TransNet Extension is based on Reasonably Expected Revenue scenario from the SANDAG's adopted 2030 Regional Transportation Plan (RTP), MOBILITY 2030. Inclusion of projects from the Unconstrained Revenue scenario would require a new California Environmental Quality Act (CEQA) analysis for the TransNet Expenditure Plan. 5 Recommends separate funding category for freeway interchange projects. Letter dated 12/15/03 from William R. Clevenger, President, San Diego Highway Development Association A separate allocation for freeway interchange improvements is not proposed. Instead, these type of improvements are eligible for funding under two subsections of the Congestion Relief Program: (1) supporting interchange improvements are included in the listing of major highway and transit capital projects (Section 2A); and (2) local freeway interchange improvements are eligible for funding under Local System Improvements and Related Programs (Section 2C). 6 Expresses concerns about use of funding for transit component of 1-15 Managed Lanes. Letter dated 12/15/03 from William R. Clevenger, President, San Diego Highway Development Association The adopted 2030 RTP reflects SANDAG's corridor -based, multimodal funding and implementation strategy for capital projects. The 1-15 Managed Lanes/Bus Rapid Transit project is one of the first examples of the multimodal corridor improvement projects envisioned in the RTP. 7 Urges continued support for complete funding and construction of Highway 905. v:,, Letter dated 2/25/04 from Charles A. Moore, President, South County Economic Development Council 8 Eliminate the Proposition 42 backfill provision and allocate the $500 million in estimated funding directly to Local Programs for local street and road purposes. Board member comment, 2/27/04 State Route 905 would be eligible for funding under the Border Access Improvements project listing [Section 2A(1)(a)(16)). The Proposition 42 Revenue Protection Fund provision has been eliminated from the Draft Ordinance. By encompassing a 40- year period for the TransNet extension, additional funding for local street and road purposes has been included in the Draft Ordinance (Section 2C). 9 Add 1-5/1-8 interchange improvements to major project list. At a minimum, consider allocating funding for the initial study and design phases. Various public comments on 2/27/04 and 3/09/04; Letter from City of San Diego Councilmember Zucchet dated 3/12/04 The project listing for the Interstate 5 Mid -Coast improvements [Section 2A(1)(a)(2)] includes up to $3 million in funding for the environmental/ preliminary engineering phase for the 1-5/1-8 interchange project. 10 I urge you to include mode neutral language for the Mid -Coast project and to reduce the proposed capital cost for the extension of the light rail system from Old Town to UTC from $660 million plus $80 million in projected operating cost, to at least half that amount. Letter dated 3/11/04 from State Assemblymember 76th District, Christine Kehoe The Mid -Coast light rail transit (LRT) project was highly rated in the polling conducted in Summer 2003. It also is supported by both the SANDAG and Metropolitan Transit System (MTS) Boards of Directors, and has received a "recommended" rating from the Federal Transit Administration (FTA). Reducing the estimated funding for the project also would preclude LRT and mean that the project is no longer "mode neutral." Section 2A(1)(b)(6) of the Ordinance has been modified as follows: "Mid -Coast Transit Guideway Improvement Project using light rail technology to provide high-level transit service along the 1-5 corridor from the Old Town area to the U.C. San Diego/ University Towne Center area, would rely on federal funding. Absent this federal funding, then bus technology may be considered for the high level service planned for this corridor - $660 million," 11 How will highway and transit expenditures be prioritized both for expenditures and possible cuts resulting from the Proposition 42 backstop provisions? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The Proposition 42 Revenue Protection Fund provision has been eliminated from the Draft Ordinance. 12 How will transit operations be integrated into the managed lane construction schedules? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club A detailed transit operating plan, including the freeway -based BRT routes and local feeder services, would be prepared two to three years ahead of the opening of a Managed Lanes facility. rn.�- 'ii a.- 31V-(�,,niffT ���.�} �{`'i. :l 3l i. .+,^4�;5 r v»,?i` e`+ r .ita NIFl2`H' 1 '3C�`f% !"C. I L: Y,�'� f - i 1 l�1 k 1 (SF -3 Ya- o'iai'M a�f �C, t"f `�farl�i�`k ^(`;�_lp>)I L�SEtA'L Suitt Y2 - ".3 t .off; c. c l j tua ., _- �r'r',��-,tan�t?Yo:- �cf,€�if"�1_'�� 4't'!��z , �-f. al t ,1 , , .,i. .-. *.'4,3 5;.. - A ,�i,"�+:r. _' !ems F ], � 0 11 4 iii ! (41 � �rf s " ,�+i �XSi,' 4: :: r. s.��-vY+;S'i!':Y;r.. s,� ,.;+^.F-_ f F.Y4� a, .?:k - ¢3 jy Ib. �`. �t�lws� �t33� 'A7 _ zp.3, s:.' G�' f�Te? `i'�t�.<f U4t'><_ � di .-, 5''�a +-r�i` � ..: 5 .. F+ �', •fir '!. .Y�l•,, ;z, iy_ Y. ill 1 1 �af_�fi4'tiR 13 .�.��as.R?.�„'�'�`F.'P�n.:,.� Will highway and transit funds be partitioned to prevent possible highway cost overruns from consuming transit capital and operations funding? ..$m'"^. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Draft Ordinance Section 4 (Expenditure Plan Purposes) outlines the annual allocation of revenues to each expenditure plan purpose. Capital funding for the major highway and transit Congestion Relief capital projects (Section 4A) is aggregated, reflecting SANDAG's corridor -based, multimodal implementation strategy for capital projects. This joint approach to funding a multimodal capital project was successfully used for the I-15 Managed Lanes/Bus Rapid Transit facility. Funding allocated to transit operating support (Sections 4B and 4C) is segregated from the capital funding allocated to the major highway and transit Congestion Relief projects. In addition, Section 2C(1) allows the funding allocated to the Local Street and Road Program to be used for transit -supporting capital improvements and for operating support of local shuttle and circulator routes and other services. The Draft Ordinance also includes a provision (Section 11) for the Independent Taxpayer Oversight Committee (ITOC), which would provide an enhanced level of accountability for expenditures made under the Expenditure Plan. 14 What funds are available to create transit and automobile feeder systems and infrastructure for the highway bus routes? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The cost estimates for the major highway and transit Congestion Relief projects include supporting capital projects costs (e.g., direct access ramps, transit stations, park and ride lots, interchange improvements) as well as operating costs. Other local transit services that provide connections to the major Congestion Relief transit projects would be funded by the Transit System Service Improvements and Related Programs allocation (Section 2B) and with continuing federal, state, and local revenue sources (e.g., FTA discretionary and formula funds, STNTDA funds, etc.). In addition, transit capital improvements and operating support for local shuttles, circulator routes, and other transit services are eligible uses of the Local System Improvements and Related Programs allocation to local agencies [(Section 2C(1)). 15 Given that the direct access ramps (DARs) will be used by both single occupancy vehicles and carpools to access the managed lanes, full assignment of the cost of these ramps ($325 million) to transit seems unwarranted, particularly if there is a risk of loss of operations money due to Proposition 42 fund failures; at the very least these costs should be assigned between highway and transit accounts on an ADT basis. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club See response to comment no. 13. For purposes of computing the highway/transit/local program split shown in Attachment 2, the full cost of the DARswas assigned to the highway category. 16 17 What is the estimated capacity increase for the Orange and Blue line trolleys resulting from TransNet expenditures, exclusive of the Mid -Coast extension? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club How much of this will come from frequency increases as opposed to vehicle capacity improvements? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The funding allocation for the Blue Line LRT project [Section 2A(1)(b)5)] would enable improvements to downtown San Diego stations These improvements would allow four -car trains to operate on both the Blue and Orange LRT lines, effectively increasing carrying capacity by one-third. The Blue Line project also includes frequency improvements that would increase service to 7.5 minutes throughout the day. The operating support for the bus rapid transit (BRT) and rail transit capital improvements [Section 2A(2)] would allow 7.5- minute headways throughout the day on the Blue Line LRT. Increases in service frequency for the Orange Line LRT would either be funded out of the Transit System Service Improvements and Related Programs allocation (Section 28), or Local System Improvements and Related Programs (Section 2C). 18 What proportion of the TransNetfunds will be used for expected capital renovations including new cars, track refurbishment, and other capital facility replacement? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Replacement of vehicles and supporting capital facilities is included in the cost estimates for the new BRT and rail transit capital improvements under the Congestion Relief Program [(Section 2A(1)(b)]. Replacement costs constitute approximately 60 percent of the total amount of the new BRT and rail transit capital improvement estimates. Replacement costs also could be funded either from the Transit System Service Improvements and Related Programs allocation (Section 2B), or Local System Improvements and Related Programs (Section 2C). 19 The $500 million Prop 42 backstop for local streets and roads has been drawn primarily from transit projects, thereby using a regional funding source to fund local projects. Future local shortfalls for local streets and roads could be addressed on a jurisdiction -by -jurisdiction basis according to the needs of each jurisdiction, but future regional shortfalls cannot be addressed except through an additional measure like TransNet, which would seem unlikely. Doesn't this prioritization essentially hijack a regional program to give municipalities an easy out for funding local road needs? E-mail dated 3/17/04 from Paul Blackburn'representing the Sierra Club The Proposition 42 Revenue Protection Fund provision has been eliminated from the Draft Ordinance. The Draft Ordinance and Expenditure Plan also has been modified to encompass a 40- year period, in recognition of critical regional and local transportation funding needs. 20 With regard tp subsection 4 on financing costs, given the amount of TransNet funding, $380 million in financing costs seems low, particularly given the pressure to bond early and improve transportation in the near -term. Further, this figure has remained constant despite a considerable reduction in capital project funding - explain. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The estimate for financing costs related to bonds to be issued to accelerate the implementation of the major Congestion Relief projects has been increased to $500 million [Section 2A(1)]. If additional funds are required for financing costs, funding would be taken from the project funding category as has been done for the current TransNet program. 21 Need to reevaluate funding allocated for financing costs, particularly given the expansion to a 40-year program. Public comment, 3/19/04 See response to comment no. 20. \ � ? :I AEE€. B. Congestion l` ) 32' i5i: .. 1 1 F T h1 4 �.�f ((( % ? LL J F ibl "� tYg,�,3sx'l,� Fay 4'U "'���`�S-,fl�hE.S'4�5 rocs n§ ��rj '0.�)(`j`� ;.. 'v= � tJ' #Fki '� `� 5 "�k P'�§-''Syr���`� lfpt ', ! b , ti£,'!., l� '' tp • 1� 5 ��,`��F{� x i,tt.l:, I a �Rii � n .e.. , Fa i' -. _ .�,. .a 111.uh� r",.`i•�r5, !BI. .5 :1+,�..� .n ,�:1"'fi� : i.... CySz Relief Program m Transit Services and i53. i A1.,N.Yi h. Mi.e,K,i.:R Programs P�t. e3.m1.},S :;5 22 Recommend incorporating additional language that would stipulate that any transportation service provider pay at least living wages and benefits to operations and maintenance personnel. (Proposes defining living wage as to be the median wage and benefit rate paid by the largest public transportation agency in San Diego County.) Letter dated 2/13/04 from Donald Cohen, Center on Policy Initiatives Addressing the issue of living wages is best left to the respective transit operators through their collective bargaining processes. 23 Increase the eligibility age for the reduced monthly transit pass for seniors from 60 to 65 years. Various Board member comments, 2/27/04 At its March 5, 2004 meeting, the SANDAG Transportation Committee evaluated this proposal. Based upon a recommendation of its Senior Access Task Force, the Committee concluded that the eligibility age should be kept at 60 years. The Committee considered the following issues: 6 Most state and federal programs use 60 or 62 years as the senior eligibility age; and ® Because the current TransNet program uses 60 years as the senior eligibility age, any increase in the age eligibility would represent a "takeaway." Continuing the reduced monthly transit pass for seniors was highly rated in the polling results from Summer 2003. It is prudent to maintain the current age requirements, as it helps to secure the support of seniors for the extension measure. 24 Maintain/increase transit percentage. Various Board member and public comments, 2/27/04; Letter dated 3/10/04 from Glenn Liptak, Director of Human Resources and Communication Services, Deaf Community Services of San Diego, Inc. The Draft Ordinance and Expenditure Plan has been modified I to encompass a 40-year period, in recognition of critical regional and local transportation funding needs. GtS 4'nr i fL N t�33' 4 I;'jH I'f1 d Inky f '5i F v r. 'pY: `a p ,ems i" vta y'u. t_ :'a'-E} h'../�tT'i£ : 1 fix. _t Y4 i# .}a3f t }$fir";2 'Ji}'!p'1�` •'45 'P A. �".. fa: � i,4`t' ` e. � ... �l�'� `� I.. . If_I(jl:'r C K. Ley 1 S ty^- {c+ •} + r.. aLh--i.. ....{)..'N49j� ! nR1 p� i ! -SN �'u�`� ='( l ra " i .�''�.,f�,S v �".r .'1 )' de l xi a �'�-.41'vM1Er tl i«r i� fFl: f s4A N,Y-SIT'SWXS+s?..ly'.^`I S _. t�.r'( T" 2�'. 5? -jj•E+ry.}t. �y �kl7�. d"a�i E-mail dated Blackburn W ',yb,Ck4 k, ` ir: f. -.'3YW , x. vh•,, _ }j (JS.L�,It3 �ylY �y,,� rM ' f ia2F ` Ar '3 "; W,�1?�. $n }f ° 3/17/04 from representing the 4:h _ .. ..{ i' r I i. �L. 1l. 6. !. -r 5 - i3/ '#i. TJ.a;ypn r1.(S 4i i. �.�f` ^i Y`.13 S t;..: N ,s. t��. yam, 3 .StL e IT. ' :J '9 ,idlj-' �p 5- S ,,. ,t'j1" 3rt`]r.+' :�� Sf�^' i{g i�;; .S .� F1� ' j.. .. !Y ��p�' � .!..`. a ^�.l' i".! pS -e t'J� ,..� '.a4 S..' . j .a.l i3S .R. .i' Paul Sierra Club The 1987 TransNet Ordinance allocated 33 percent of funding to transit program. One percent was set aside to augment ADA services. Of the balance, 80 percent was for rail capital improvements, and operating support was capped at 20 percent of total transit funding (or 6.6 percent of the entire TransNet program). In 2003, the SANDAG Board approved an Ordinance change that allowed up to 40 percent of the transit program funding to be used for operating support (13.2 percent of the entire TransNet program). The Draft Ordinance increases the funding share to 16 percent. The Draft TransNet Extension Ordinance and Expenditure Plan includes a variety of programs to support transit capital improvements and operations. These include the Congestion Relief Program allocation for new BRT and rail transit capital improvements [Section 2A(1)(b)] and operating support [Section 2A(2)1: the Transit System Service Improvements and Related Programs allocation (Section 28); and the Local System Improvements and Related Programs allocation [(Section 2C(1)1. Expenditures for transit capital projects and operating support are based on priorities established in SANDAG's adopted RTP, Short -Range Transit Plan (SRTP), and Transit Capital Improvement Program (CIP). TransNet and other revenue sources by agency are allocated through the annual transit operator budget process, which is consistent with the regional plan/program priorities. 25 What are the current expenditure levels for bus and trolley capital and operations and special needs (ADA paratransit) by agency and how would Section 2B funding change them? 26 How much additional funding over current levels would be provided by TransNet for transit operations and capital by mode and agency? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club See response to comment no. 25. 27 How will TransNet funding be prioritized by region, mode, current demand and transit dependency? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Priorities for implementing regional transit improvements are based on the policies and project and program priorities established in SANDAG's adopted RTP, Short -Range Transit Plan (SRTP), and Transit Capital Improvement Program (CIP). 28 Supports allocation of TransNet funding to transit projects that carry the heaviest loads and serve the most people. Fax dated 3/18/04 from Marge West, President, San Diego County League of Women Voters The Draft TransNet Extension Ordinance and Expenditure Plan includes funding for major transit Congestion Relief projects. C. congestion Relief Program o Local Street and Road improvements and Related Programs 29 Recommends increasing TransNet allocation for local street and roads in order to expand local street and road capacity by 800- 1,000 lane miles and restore vehicle miles traveled (VMT) on local streets and roads to 45% of total VMT. Letter dated 12/15/03 from William R. Clevenger, President, San Diego Highway Development Association The Draft TransNet Extension Expenditure Plan focuses on major projects that provide Congestion Relief. Simply increasing VMT is not the goal of the proposed plan. The allocation for Local System Improvements and Related Programs (Section 2C) has been increased significantly in the revised Draft Ordinance and Expenditure Plan. 30 Transfer funding from transit program to local streets/roads. Board member comment, 2/27/04 See response to comment no. 24. the on a 1Y*`iSP��'U&� Itat E'} q-,' C tt. 7e. yCygy Board member comment public comments, - and various 2/27/04 iS 1r eiZF i GV 4ql.�i Section 2E has been revised to allocate the Bicycle, Pedestrian, and Neighborhood Safety regional competitive grant basis. funding •y for Program 31 Bicycle and pedestrian funding should be allocated via a regional, competitive grant program. 32 Allocate the funding for the Smart Growth Incentive Program directly to local jurisdictions for local street and road purposes instead of on a regional, competitive grant basis for smart growth projects. Board member comment, 2/27/04 and 3/19/04 Providing smart growth incentives is consistent with the policies of the SANDAG's Draft Regional Comprehensive Plan (RCP) and adopted RTP. Section 2C(3) has been revised to allocate the funding for the Smart Growth Incentive Program on a regional competitive grant basis. 33 We support Supervisor Jacob's proposed changes to the TransNet Extension including 42.4% for major highways, 33.3% for local streets/roads, and 23,3% for transit. Letter dated 3/5/04 from Andrea D. Roberts, President, Spring Valley Chamber of Commerce; Letter dated 3/5/04 from Ellen Mason Spring Valley Citizens Association member; Fax dated 3/5/04 from Troy Goodman, Director of Spring Valley Chamber of Commerce and Casa de Oro Business Association, and Spring Valley Citizens Association Steering Committee member; Letter dated 3/5/04 from Gordon Hammers, President, Highway 94 Club Letter dated 3/9/04 from Patricia A. Cannon, President/CEO, Alpine Chamber of Commerce; Letter dated 3/9/04 from Dan Schaefer, President, Casa de Oro Business Association; Letter dated 3/10/04 from Dick Thilken, President, Julian Chamber of Commerce; Letter dated 3/11/04 from John Ferguson, Chair, Spring Valley Community Planning Group; Letter dated 3/13/04 from Charles Biggs, President of the Spring Valley Citizens Association; and Various public comments and Board member comment, 3/19/04 See response to comment no. 24. 34 Section 4D(1)(a) does not appear to divide funds on a fair and equitable basis [comment described more fully in comment on Section 4D(1)(a)]. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club See response below to comment no. 60. 35 All local programs should make routine accommodation for bicycle and pedestrian needs. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club This intent is reflected in Section 4E(3) (General Provisions) of the Draft Ordinance. 36 All neighborhood safety funds should �mpedUv basbouon����rbo���.r�m*�tmo* should not beumd�xroutine accommodation provide unincentive for commun�iesto growth and trany/t- »eallocated °'" funds m� but rmcompetitive �orshou|d plan and implement oma� from Paul E-mail ^dated `^''—i. /��'iona�|u� Blackburn representing the Sierra Section 2E has —Pedestrian, Bign|e /u*.""".y=`d pmpusedpn�oo�hnthe future . been revised to allocate the funding for the and0aighhorhnud�a»gYpr»Qmm«nu bodcCht�i, hx prioritizing grant pmgrumwill be oevo/npodno at 37 % Urges allocating transportation funding tosupport Smart Growth principles that ensure support ofregional over local jurisdictions when efficiency inservice delivery can boclearly measured and improved byfunding anintegrated county wide rapid transit system.`— Fax dated n/1o/n4from Marge West, President, San Diego County League uf Women Voters The Draft DnnsNetExtension Ordinance and Expenditure Plan includes uvariety ofprograms tosupport transit capital improvements operations. Relief Program allocation for new ~.T and rail 'transit capital supportimprovements [Section 2A(l)(b)] and operating (Section 2»uu;the Transit System Service "Improvements and Related Programs a|WcuUon(SeotionuB);ondthoLuca Improvements and Related Programs allocation [(Soodon2C(1)]. |naddition, the Draft Ordinance and Expenditure Plan includes uSmart Growth Incentive Program [Section 2C(3)]that would beallocated nnuregional competitive grant basis. so Concerned that too much funding for local rural roads would �ontribu�otn�praw|in��ebu:k�nontry� Various public commems.3/l9/o4 Any proposed improvements tulocal rural roads would need tu beconsistent with the County orSan Diego's adopted gonom/ plan. | Local road Improvements would baeligible for funding from the County ofSan Diego's share ofthe Local System Improvements and Related Programs allocation [approximately lnpercent uf(Section zc(l)]. »o Supports incorporating into 7mnsNetOrdinance and Expenditure Plan the Smart Growth principles being developed ospart ofthe Regional Comprehensive Plan (nCp)(e.g.Smart Growth Incentive Program). Various Board member comments, 3/19/04 Section 2C(3)has been revised tuallocate the funding for the Smart Growth Incentive Program nnoregional competitive grant basis, consistent with the policies /nthe Draft RCP. 40 Providing suffioiontfund�Qfor and implementing impmvamonm »/»g»no arterials m � t regional Board member and public oummnnt 3�n�4 | dRo Road )uf�hurovisad 3�tiunuC(1)(Lo:o Street mx Program) revenues for Ordinance pmpoousthat at|no�7opemonto emv local street and road purposes boused unprojects that provide congestion relief. The intent iotofocus funding for improvements tothe regional arterials. m Bike and pedestrian funding should come off the top, and not ue counted toward the share ofLocal Programs for local agencies. Board member comment, s/1am* Section 4(Expenditure p| Purposes) of the revised Ordinance proposes tndeduct the funding for the Bicycle, Pedestrian and Neighborhood Safety Program off the top. 42 The share uffunding for Local Programs should beguaranteed, Board member comment, n/lo/u4 ayencompassing o40^/*arperiod for the TransNotextension, additional funding for local street and road purposes has been included inthe Draft Ordinance (Section zC).Guaranteeing the funding for specific programs |snot proposed, because ufthe need for flexibility tnrespond tochanging circumstances inthe future. m Funding for the Smart Growth Incentive Program should bo allocated onoregional, comprehensive basis. Various Board member comments, 3119m4 See response tocomment no. 39. U hi t�. t�.t��ISiL+. .$F Yr4}�ttifi�wF'. 4T'"y':j 1 i. V iK �ry. ,.I��S-,a 4ii'r��'r�>.'a1:7,n"1>t"�13iH=Fr�1.ii1>fi•(t '�.�... f(.� , S I.y-it c'Y4 i �Jr}` ' iGFc `.'�,[1`^+t x 6 id..., .��qx� Al {-'0jq: r f 5 jL3`?Y " Fc 'Y"i .vY" ,.. Pra4, i'i� �, 4Jps z'��Ft�>✓.vfzt3i`�`� r si ,JL rl+y4R��3c5�i �"..z.uc. ?x. ,!. ;L,.�. � a l,un c�°?:...� L,L�. ,�,¢!ts r l�x'j>fy+• !L}YM1. 4i3 '.r,Y" � tw1G`P'yP�!}� i�4¢,{, ltc �4�`k "`r• y{, y v..,.Sli"r�el�'.�i�"t��tY�'..'�.� �i ,} x "F :>�5t .. a- ti,.:l'�tt. f'Y � , 'r. Sr.`i.! .G�z. y �d`zo. f� tvn'•�f l{ y (` , LA��v�sy. 44 Funding allocated for local street and road purposes should be based on criteria that support improvements to regional facilities. Board member comment, 3/19/04 See response to comment no. 40. 45 Maximum funding is needed for bus rapid transit system (BRT) improvements, rail grade separations, and Smart Growth incentives. Board member comment, 3/19/04 By encompassing a 40-year period for the TransNet extension, additional funding has been provided for these purposes. D. Transportation Project Environmental Mitigation 46 Should ensure that the Ordinance language regarding the Environment Mitigation Program (EMP) does not conflict with the habitat conservation subarea plan agreement amendments being developed between local jurisdictions and state and federal agencies. Board member comment, 2/27/04 SANDAG will work with local jurisdictions to ensure that the conflict will not occur. 47 Section 2A(1) does not identify specific "projects" for which mitigation is provided, so the phrase "for those transportation projects which are" should be struck. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The estimates for habitat -related mitigation costs by project are detailed in Attachment 2 to the Draft Ordinance and Expenditure Plan. 48 Further, does the fact that Section 2D allows funding of any project in the RTP, not just TransNetprojects, imply that all transportation projects identified in the RTP will be funded only through 2D funds? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club No. The estimated $850 million Transportation Project Environmental Mitigation Program (EMP) was sized to fund the direct costs for the mitigation of upland and wetland habitat impacts for the major highway, transit, regional arterial, and local street and road improvements identified in the RTP. Of this total, $250 million is related to mitigation requirements for local transportation projects, and an estimated $600 million is related to mitigation requirement for the RTP's major highway and transit projects. A portion of the EMP allocation also could be used for regional habitat management and monitoring activities. The costs of mitigating other non -habitat related project impacts would come from sources other than the EMP allocation. 49 Are the mitigation funds provided by TransNet seen as being the mitigation package for the entire RTP? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club No. See response above to comment no. 48. 50 Are these mitigation funds sufficient for the entire RTP? If no, is there a risk that the projects funded by TransNet will not receive adequate mitigation funding due to the diversion of funds to non- TransNet projects included in the RTP? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club No. See response above to comment no. 48. As required by law, mitigation requirements would need to be met for the transportation projects included in the RTP and the draft TransNet Ordinance and Expenditure Plan, regardless of funding source. ti(!�i} Iri{ f fA R�M yk Y S i 3Y41y�. •. � e c,P at �lSx;YL-, , J•i �U��11., �5"\ ii '9 [ `. 'iSUA 5i 1y .'" 1 �� � ) 3ii:X 41� '/.-_ r ar .A .e -1nf it iff ivae l'1 �. 4 "?5��,SAin!L�i���i 33,ii'ni, . Y\ , 3" L4- . _.1r` i'`..+�,¢�' " �1{y.�' .y,f, i • ,. A ,yy Y,T ., is lft ��.{ }}3 r.'o. IS. - - H. f�' vim. � }#..{i�3,51� TransNet would be offset conservation plans to be funded through given the HCPs purpose and development? N ,::v uTn��-s ry,> 1y v pA i . .vF I� �lFx �v. � 1. nF. {� yN`'�s �.. �.. 4� wZG FYa, iAtn ...c E-mail dated 3/17/04 from Blackburn representing -u-t £ .fH� Paul the i �Yv -0[� Fd:, Sierra Club Y n" �a-0+ -0ti ;:sM J,:%�y.' Staff TransNet conservation determined agencies. Additional document Mitigation incorporated _ ("e: tP. .N' indicated could details entitled, Program + .# mg +D' that be plans. in consultation by �'�[ .�.'., some used The regarding "TransNet (EMP) reference u.4.' , to actual S^e but not offset with the Draft into xn a,y,, •��SP. �Stf S t Vp , ! Vi.` �' i4 '. n'V� kilt all of the funds provided costs of the habitat amount to be credited the state and federal EMP are provided Extension Environmental Principles," which the Draft Ordinance. ih by will be resource in the is 51 Staff indicated that all funds provided by against the amount required by local habitat (HCPs), thereby leaving $600 to $700 million a separate measure. Is this appropriate intent to mitigate for impacts from land 52 When will these funds be bonded? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Bonding needs will be determined based on actual cash flow needs of specific projects/programs. 53 Where is the provision requiring SANDAG to present within three years an additional ballot measure to fully fund HCPs? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club This provision regarding SANDAG's role in additional regional funding measures for implementing HCPs in the San Diego region is described in the document entitled, "TransNet Extension Environmental Mitigation Program (EMP) Draft Principles." SECTION 3. IMPOSITION OF TRANSITATIONS AND USE TAX 54 Why is the offset against future unknown state and federal funds included? It seems unlikely that this would ever happen and would also seem to discourage opportunities to acquire matching funds. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The provision provides the flexibility, if needed, to respond to changing circumstances in the future. SECTION 4. EXPENDITURE PLAN PURPOSES 55 TransNet Expenditure Plan should carry out the transit network strategy envisioned in the 2030 Regional Transportation Plan. Public comment, 3/19/04 See response to comment no. 37 regarding transit funding provisions in the Draft Ordinance and Expenditure Plan. In addition, the major Congestion Relief capital projects have been drawn from the 2030 RTP. 56 Confirm the approximate current annual expenditures and future annual expenditures to be allocated by the TransNet extension for the programs identified under subsections 1-4 (paratransit, senior, reduced fare and general transit support funding). E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club - See response to comment no. 25, Future expenditures will depend on the actual annual sales tax revenues, and will be detailed as part of the annual transit operator budget process. 57 See questions in Section 2B related to current and future funding levels, allocations and priorities. What net benefits will average riders of different modes receive from TransNet' E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The Draft Ordinance and Expenditure Plan is based on SANDAG's adopted 2030 RTP, MOBILITY 2030. Chapter 2 compares current year (2000) conditions with conditions in 2030 with implementation of the RTP across a wide range of performance measures (Table 2,2). Chapter 2 also summarizes peak period average travel times by mode in major corridors (Table 2.3). ! r 1 SZ 58 i5£"rsaa;!v{i."§,a7� 5'f' �dtf��,I y `' q�•�'u�'` -9MIIP ` ;,`.k t uu:%. .. .s �a4 x�""'t� iiS 4. r,fl•vi t'3'3. � a a �9'r.-�....eF r4 e Will subsection C(5) limit ability to make new investments, given that revenue return rate may lag behind expenditures thereby reducing total operating cost per revenue vehicle hour? What about increased costs per revenue vehicle hour due to economic downturns that reduce ridership relative to the fixed minimum costs of some lifeline routes? Does this provision ensure a continued downward spiral of reduced services and higher fares? Is this the same language required for STA or TDA funds? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Section 4C(5) limits the increase in operating costs of existing transit services from one fiscal year to another to no more than the increase in the Consumer Price Index (CPI) for San Diego County. The intent of this provision is to maintain stable operating costs for existing transit services, so that the new TransNet funding is available for service improvements. The language included in this section was based on similar requirements from the State Transit Assistance Act (STA). 59 In subsection C(6), what is the anticipated Prop 42 revenue for transit in SD County and how does this compare to the 3% increase provided by this subsection? How would Section 4A congestion relief funds be reduced to provide this amount - which would get cut first? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The Proposition 42 Revenue Protection Fund provision has been eliminated from the Draft Ordinance. 60 Basing distribution on mileage does not appear to be fair and equitable. Does increased use with resulting higher wear in urban areas counter the argument that higher mileage jurisdictions need more money? Does Prop 42 already provide a higher proportion of its funds for counties? Does the combination of the Prop 42 advantage and the mileage provision give the unincorporated areas an undeserved share of TransNetfunds, particularly since the Prop 42 provision favoring counties was intended to benefit counties with a far larger proportion of rural lands than are found in San Diego County? Will this distortion become worse as more unincorporated areas become incorporated? Should an ADT or VMT-based allocation formula be used instead? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club In accordance with Section 4D, the revenues for Local Programs would be distributed as follows: (1) each local agency shall receive an annual base sum of $50,000; and (2) the remaining revenues after the base sum distribution shall be distributed -according to a formula based on two-thirds total population and one-third based on maintained street and road mileage. The formula distribution balances the needs for new capital facilities and major reconstruction with ongoing maintenance and operating needs 61 Should the regional arterial and grade separation program be allocated according to a regional prioritization process rather than by jurisdiction? Given that this is regional infrastructure, an allocation by jurisdiction would seem inappropriate, particularly given that road mileage has nothing to do with the need for arterial and grade separation improvements. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Section 2C(1) (Local Street and Road Program) of the Draft Ordinance has been revised. As proposed, at least 70 percent of the revenues for local street and road purposes would be used on projects that provide congestion relief. The intent is to focus funding for improvements to the regional arterials. The section also limits the use of funds for local street and road maintenance purposes to no more than 30 percent. 62 Given that the neighborhood safety and smart growth incentive programs are intended to provide an incentive for better development, an allocation by jurisdiction would frustrate the intent to provide incentives by reducing competition for the funding, reducing the amount of funding available for competition, and resulting in allocations for some jurisdictions that are too small to provide a significant incentive. Therefore, 100% of the neighborhood safety and smart growth funds should be allocated competitively. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Sections 2C(3) (Smart Growth Incentive Program) and 2E (Bicycle, Pedestrian, and Neighborhood Safety Program) have been revised in the Draft Ordinance. As proposed, funding for these programs would be allocated on a regional competitive grant basis. _. -t4 -uE t '.5k (([xa, ill-Gv. (-L1 q {-; .'t �Rt±c R e�vfi�.e� , [;h ,^.„-o- - y. , if F,F�.(�Rag 'f tut Y�'t�",eg L (� i1.11 8 q�." t' �' x.,mSu�-k s'{ `)!ar'r^� fi� su 1 �,ti , ,.:. �`. 11��9 `'Ls`� f �'Y' ", " . 3f{;l..ie 3rxfr.�i'?Y�.f,kf:t'�,iii�l�,o! i t7i `�:•, is ,� „�r `I IR 3 i,. `:. Gg1„ 5,.#�..f'',', {� 1t �. ,143y Fug �' I'•' ke,•_�a -'�� �1r7' .y„ , . t:�tl":,r :r,. -a .� .8` a's�.:.. - -",) -. ;"+-. - , `jgi2 'h •`i. •:1vt�Pi f( r.;Yl.a, 63 Does funds making uncertain? funds, comments , ,kl�fi..'"''.�«F`�3�'+.I &:rs"�nM'�iJ.wi�- the potential reallocation of a significant provided for 4A projects present any bonding the amount of funding available for these Also, how would these funds be deducted on a project -by -project basis or across the on Section 2A related to Proposition percent of the problems by projects from 4A board? Also, see 42 backstop. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The Proposition 42 Revenue eliminated from the Draft Ordinance. year period for the TransNet been included in the Draft Ordinance The estimate for financing costs accelerate the implementation projects has been increased to additional funds are required would be taken from the project done for the current TransNet Protection Fund provision has been By encompassing a 40- extension, additional funding has for a variety of purposes. related to bonds to be issued to of the major Congestion Relief $500 million [Section 2A(1)]. If for financing costs, funding funding category as has been program. E. General Provisions 4 In subsection 1, remove the word "as" from the second line to prevent adoption of project descriptions included in the 1987 TransNet initiative, thereby preserving mode neutrality. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club This change is not proposed. See response to comment no. 10. 65 List the uncompleted projects to be prioritized rather than merely identifying them by reference. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club; Board member comment 2/27/04 Section 4E(1) has been revised to specify the three projects (eastern ends of SR 52 and SR 76 highway improvement projects and the Mid -Coast light rail transit project). 66 Subsection 3 should include maintenance projects in addition to new projects so that sidewalks, bike lanes, crosswalks, etc. are upgraded as appropriate during maintenance operations. Define "excessively disproportionate to the need or probable use." Also, identify the source of the "best currently available standards and guidelines" that will apply. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The requirement to accommodate travel by pedestrians and bicyclists would apply to both new projects and major reconstruction projects. Adding maintenance projects is not proposed. In accordance with Section 14 (Implementing Ordinances), the Commission shall adopt implementing ordinances, rules, and policies and take other actions as may be necessary to carry out its responsibilities under the Ordinance. The process for identifying what level of project costs would be considered "excessively disproportionate" would be developed as part of administrative procedures for project review. The best currently available standards and guidelines include the state Highway Design Manual and the Planning and Designing for Pedestrians guidelines. What is considered "best currently available" may change over time as new standards and guidelines are developed. 67 We believe it is essential that provision be made for the completion of the three projects promised in the first TransNet funding...The Board of Directors recommends that the Extension Ordinance include wording to guarantee that the three remaining projects will be completed as quickly as possible. A suggested mechanism would be wording that SANDAG would hold in reserve and never exceed the bonding capacity required to ensure these three projects are funded and completed. Letter dated 3/5/04 from Ron Mittag, President & CEO, San Diego North Economic Development Council Section 4E(1) has been revised to specify the three projects (eastern ends of SR 52 and SR 76 highway improvement projects and the Mid -Coast light rail transit project). This section also includes language regarding ensuring sufficient funding or bonding capacity for these projects. "p"V'•'�v,!'' .ti P ' f.c =c, { f ars�a , ,:���,• � Y u�i�.-�Y�u��.r�= 1 'l ��3 ep . � I�f � c�i S. EXPEND/TORE PLAN PROCEDURES 68 Subsection B states that project prioritization and phasing will be consistent with the RTP, but the RTP doesn't provide a clear prioritization. This renders unclear which projects are at risk of being "Mid -Coasted" into oblivion, thereby failing to provide the public with a clear understanding of which projects are likely to be funded and which are likely to slide off the table. E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The RTP prioritizes major highway and transit projects by ten - year increments. Refer to Appendix A of MOBILITY 2030. SECTION S. MAINTENANCE OF EFFORT 69 Should the maintenance of effort (MOE) requirement also apply to transit funding? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The MOE requirement does capture local discretionary funding used for transit purposes. 70 Concerned that three-year average for MOE requirement may not be representative of actual funding contributions. Board member comment, 3/19/04 Additional language has been included in Section 8 of the Draft Ordinance to enable local agencies to request up to three fiscal years to fulfill its MOE requirement, in the event that special circumstances apply. The Independent Taxpayer Oversight Committee (ITOC) would review these local agency requests and make a recommendation to the Commission. 71 SANDAG Transportation Committee should be used to evaluate exemptions to MOE requirement. Board member comment, 3/19/04 In accordance with Section 14 (Implementing Ordinances), the Commission shall adopt implementing ordinances, rules, and policies and take other actions as may be necessary to carry out its responsibilities under the Ordinance. The review of the MOE requirement could be delegated from the Commission to the Transportation Committee if determined appropriate. SECTION 9. REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP) 72 If private developer funding is not defined by current agreements or through a development impact fee, how can anybody tell what will be committed for "any project" for the next 30 years? Given the long-standing discussion about private sector contributions, why is no draft language in place yet? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Draft language regarding the Regional Transportation Congestion Improvement Program (RTCIP) is included in the Draft Ordinance. 73 RTCIP should not negatively impact the provision of affordable housing. Board member comment, 2/27/04 Section 9 exempts extremely low, very -low, low, and moderate income households from the per unit contribution requirement. 74 Why would the RTCIP apply only to new residential housing units and not new commercial development? Board member comment, 2/27/04 Exactions for non-residential development were excluded from the RTCIP in light of the current downturn in business and economic conditions in the San Diego region and the state. The exclusion of non-residential development from the Draft TransNet Ordinance would not preclude a local jurisdiction from developing a separate funding program in the future. 75 A $2,000 per unit contribution for the RTCIP requirement is too low. Various public comments, 2/27/04 The $2,000 per unit contribution was based on the estimated costs to fund Regional Arterial System improvements, given the projected number of new housing units between now and 2030. In accordance with the provisions of the Draft Ordinance, SANDAG would be responsible for a nexus study to satisfy the state requirements for funding programs using a development impact fee. 76 How would the RTCIP work in local jurisdictions that already have development impact fees in place? Board member comment, 2/27/04 The RTCIP is intended to fund the Regional Arterial System, as opposed to local transportation improvements. If a developer funds or constructs improvements on the Regional Arterial System, the revised provisions enable the developer to receive offsetting credit for the costs associated with the arterial improvements. 77 How would the RTCIP be enforced by SANDAG? Public comment, 2/27/04 78 There needs to be a fair share of funding from new development. Public comment, 3/19/04 In accordance with Section 9 of the Draft Ordinance, the RTCIP and each jurisdiction's funding program shall be subject to an annual review and audit to be carried out by SANDAG and the ITOC. This is the intent of the RTCIP provisions in the Draft Ordinance. 79 Should exempt moderate income housing from the RTCIP. Board member comment, 3/19/04 Section 9 of the Draft Ordinance has been revised to exempt moderate income households from the per unit contribution requirement. 80 Include State Route 75 in list of arterials eligible for RTCIP funding. Various Board member comments, 3/19/04 81 Expand eligible list of RTCIP arterials to include Regional Arterial System, and not just regionally significant arterials. Various Board member comments, 3/19/04 . , The addition of SR 75/282 has been incorporated into the revised Section 9 of the Draft Ordinance. Section 9 of the Draft Ordinance has been revised to expand the list to the Regional Arterial System, as defined in the adopted RTP, as well as SR 75/282. 82 Expand eligible RTCIP list to include all state highways. Board member comment, 3/19/04 83 Monies generated by RTCIP should be stay within the local jurisdiction for its use. Board member comment, 3/19/04 Expanding the RTCIP list to include all state highways is not proposed. Instead, Section 9 of the Draft Ordinance has been revised to expand the list to the Regional Arterial System, with the addition of SR 75/282. The revised RTCIP provisions propose that each jurisdiction have up to seven fiscal years to expend the funding program revenues within its jurisdiction. After the seven-year period, unless a planned need for such fees can be demonstrated and a justification for the delay can be provided that is acceptable to the ITOC, the unexpended or uncommitted portion of the funding program revenues shall be transferred to the Commission to be expended within three years on qualified projects within the same subregion. 84 Exclude condominium conversions from RTCIP: Board member comment, 3/19/04 Section 9 exempts condominium conversions from the per unit contribution requirement. 'Z{£ e f .. .J .iTl1 ., (it I' �Jt .. is b' +,Tn"ljl+�iij�F�'F'2I`i3'Ir�['�lY:i,{�'y,Yj`�'il.4. � }�( i, l,.4Y ri`.. t �. {) 111 {S SSl `! rs }- . F1'i.>6, 1` R1Y. ) i{ .iti' Cy�S �k u.:iYY. fit•6 ].r. ..j';.�.f �r f"ii i u s "�z�: +RiR��T�.� 1 f v 9t . -' r 1 tfbn 17f! � i� y .i9 t.,>„ ���::�fii ', d1'tlf. y� [ ' S, pS�yiT,,� 1' fq.T:`._ { Y rt? should =.'uyF.y, �,q� .1(11i iF4 `,Fr✓{ ti .r 'fa.au,, ti.f 'Y.: .e{ f'N�:NF.i T�$�(a��1. j]��t�+, 9.r: 4'. s.�i1 h %'F„Ij.� vj V.�ej�{+N }5��j i. �!3d'a 1,i7-[i { 'yY ai 3�{� i 't `A Y l°{e. n'r" lNa' [ �i t.i: d +-*_4#fv{ o, :; !. � Various Board member comments, 3/19/04 f i. 1:— .-y , _ .jt{''y.. ,�}� 1 n!.?T., 9j�. 1 invb 3H{:& e.... e1, An exemption development Ordinance and would focus Growth Incentive Neighborhood .. ..,a 5 ? li,..'�ry-py�-{ '. �1.'W+nY -SIi{j f."�,{�ifi. [ .> � `l�i7.3 , .r- .1y�i•"�i ilk6ei " >•. for housing (TOD) areas is Expenditure additional funding Program Safety Program). p rY,^ ,�R units in not proposed. Plan includes in and Bicycle, m 1'ygiit�. li transit -oriented However, various TOD areas. Pedestrian, :i M' i kx� 6i t the Draft programs that (e.g., Smart and 85 Housing units that are part of transit -oriented development be excluded from RTCIP. 86 Recommends deleting last sentence of Section 9. Public comment, 3/19/04 This deletion is not proposed. However, new language (shown in italics below) has been included: "Revenues or credits resulting from the RTC1Pshall not be used to replace other private developer funding that has been or will be committed for any project." 87 Eligible list of RTCIP arterials should include arterials with more than 15,000 average daily trips (ADT). Public comment, 3/19/04 See response to comment no. 82. SECTION 11. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE (ITOC) 88 The San Diego North Economic Development Council believes the proposed Oversight Committee is an excellent provision,..The Board recommends two regular citizens be added to the proposed list of professional and technical experts for additional oversight perspective. Letter dated 3/5/04 by Ron Mittag, President & CEO, San Diego North Economic Development Council The roles and responsibilities of the ITOC and the selection process for ITOC members have been defined in extensive discussions with the Taxpayers Association. Adding two regular citizens is not proposed. The proposed membership is intended to provide a set of professional skills to help improve the TransNet program. 89 Allow each jurisdiction the flexibility to select the ITOC members, rather than specifying the Mayors. Board member comment, 3/19/04 No change is proposed. The selection process for ITOC members have been defined in extensive discussions with the Taxpayers Association. SECTION 13. ESTABLISHMENT OF SEPARATE ACCOUNTS 90 Will separate accounts be established within agencies for the stated separate purposes of funding (highway, transit, local streets and roads, environmental mitigation, administration, financing, etc.) to help ensure allocation in accordance with initiative requirements? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club SANDAG would maintain separate accounting for the various funding programs established in the Draft TransNet Ordinance and Expenditure Plan. In accordance with Section 13, each agency receiving funds pursuant to Section 4 (Expenditure Plan Purposes) is required to maintain a separate account for the TransNet funds. The accounting of TransNet funds also are subject to audit requirements. SECTION 14. IMPLEMENTING ORDINANCES 91 Should there be a hammer provision that restricts access to funds by jurisdictions in the absence of full compliance with TransNet provisions? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club Under the revised Section 2C(1) of the Draft Ordinance, the Commission shall review each local agency's list of projects funded by TransNet and make a finding of consistency with the provisions of the Ordinance and the RTP, prior to approving the local agency's project list for funding. In addition, the ITOC shall review the proposed project lists and make recommendations to the Commission. f '�F� 1 ~ +g' , �ls, � Ir#' '.�9�1�,ati.'�'. Se xy �m '.: g T; , iVivH `�i ��'�arr d,�� �`k ��l'�,c�z ,— ��� ��.ua, . 4i f 0y.� *,�;. �d i .i d 4n f �{_14 Y 4"YP, .Y L ri0,:,fn 1 ? �`� $$YLa^, 'i< r '°i�'fS-'pCib E ' �+:�•"v,��-Ik����Yr s *i FI !''�"G�� ,G°�..�rrzS+Lx` .��b.,5£i,5;..���5ix5., .a,a..4�i1.hr`.. < ls],M1`Sk IIC %fir. ,. IIN '�-t*+.�. ,l�, . .,11ka'+�ssi, P,a � #.. —v 4.S.. _ 'y ''�� 4'. r - T ! ri 1 (! ; - ia`a .:r ., _i��i,S .' . : SECTION 16. EFFECTIVE AND OPERATIVE DATES 92 Would it be simpler to state that the TransNet measure will come into effect if passed by a proportion of electors required by law for passage? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The language included in this section meets legal sufficiency. 93 Assuming that funds are partitioned into separate accounts, could funds needed earlier in the process be prioritized for earlier bonding? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club See response to comment no. 20. SECTION 16. AMENDMENTS 94 f5 Since the term "standard voting mechanism" is not defined in SANDAG's Bylaws, it should not be used. What does this mean? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club SANDAG's voting procedure is defined in SB 1703. 95 Ordinance language regarding the separate attachments incorporated by reference needs to be tightened. Board member comment, 2/27/04 bbeenere revisedto identify the attachments Section incorporated has 96 The projects remaining to be completed from the original TransNet measure, the Local Programs allocation, and the Independent Taxpayer Oversight Committee (ITOC), should require a vote of the people to amend. Board member comment, 2/27/04 Except for the Local Programs allocation, Section 16 requires a vote of the people to amend the projects remaining from the original TransNet expenditure plan and the ITOC. Guaranteeing the funding for specific programs is not proposed, because of the need for flexibility to respond to changing circumstances in the future. 97 Concurrence of local jurisdiction(s) should be required in order to delete any Congestion Relief project identified in Section 2A(1). Board member comment, 2/27/04 Section 16 of the Draft Ordinance contains this provision. ..., SECTION 17. TEN-YEAR COMPREHENSIVE PROGRAM REVIEW .. - ., - nsive 98 Specify that the comprehensive program review will occur in years 11, 21, and 31. Board member comment, 3/19/04 Section17 7ehas been shrevised l be co to cted to providie e t saatt hee comprehes 2019, 029, and 2039. SECTION 20. ANNUAL APPROPRIATIONS LIMIT 99 What is this amount? How does this relate to financing costs and project prioritization? E-mail dated 3/17/04 from Paul Blackburn representing the Sierra Club The California Constitution requires certain agencies such as SANDAG to establish an annual appropriations limit. The $950 million limit was developed to account for the maximum amount that the Commission expects to appropriate in any given year. This provision is not directly related to financing costs or project prioritization. SECTION 22. EFFECT ON COMMISSION ORDINANCE 87-1 100 Indicate that the effective date of the provisions for the TransNet extension is July 1, 2008. Board member comment, 3/19/04 Section 15 (Effective and Operative Dates) contains the appropriate language. OTHER 101 Need to show what projects people will get from TransNet extension. Board member comment, 2/27/04 102 We oppose SANDAG's action to spend $1,050,000 on a public education campaign. Letter dated 3/5/04 from Andrea D. Roberts, President, Spring Valley Chamber of Commerce 103 104 We recommend that you use part of the $1,050,000 (TransNet public education funding) to see to it that EIR for Highway 94 is properly funded. Letter dated 3/5/04 from Gordon Hammers, President, Highway 94 Club Public information materials will be developed to depict the projects and programs proposed under the TransNet extension. Comment noted. On February 27, 2004, the SANDAG Board of Directors approved expending up to $1,050,000 for a public information program about the TransNet Extension. Funding the Rural SR 94 EIR is not an allowable use of the current TransNet program monies. SR 94 was not included in the original 1987 TransNet Expenditure Plan. Current environmental impact report (EIR) for MOBILITY 2030 does not cover the new proposal. Public comment, 3/19/04 The Draft Ordinance and Expenditure Plan is consistent with MOBILITY 2030. The Mobility Network (Reasonably Expected Revenue scenario) was used as the basis for the proposed projects and programs included in the draft TransNet extension. 105 Does not support TransNet extension if funds are used for additional studies. Undated letter from Ed Harbulak The Draft TransNet Extension Expenditure Plan focuses on major projects that provide Congestion Relief. City of National City ITEM # 18 4/20/04 Office of the City Council OTD BUSINESS 1243 National City Blvd., National City, CA 91950 (619) 336-4238 LUIS (LOUIE) NATIVIDAD - COUNCILMAN MEMO To: City Manager's Office From: Councilman Natividad Date: March 8, 2004 Re: Agenda Item for April 20, 2004 Motion to approve sponsoring the "Maytime Band Review" and "Awards Ceremony Luncheon and/or Dinner" and transfer $3,000 from Teague of California Cities account. April 1, 2004 XXXXXXXX, Title Finn or Company Address City, State and Zip Dear XXXXXXXXX: My name is Luis Natividad and I am a City Councilmember for the City of National City. At a recent meeting of the National City Maytime Band Review Committee members, I was selected or organize two of the events of this 57-year Parade. You are invited to participate in the 57th Annual Maytime Band Review Parade, which will be held on Saturday, May 1st at 10:30 a.m. The Parade will start at 28th Street and Highland Avenue, and proceed north to 16th Street to "D" Avenue and into Kimball Park. You will be sitting in the Reviewing Stand with other community members and dignitaries. After the parade there will be a luncheon for you, board members, dignitaries and other special guests at the Martin Luther King Jr. Community Building You are invited to attend the Awards Ceremony after the lunch. Unfortunately, after 57 years, this will be the last Maytime Band Review Parade held in our great City. We want this year's Parade to be the best ever. In addition, we will have a small reception that evening to recognize our Board members, some of whom have worked on the parade every year for 57 years. Respectfully, we are asking that you help sponsor our Awards Ceremony Luncheon. Along with recognizing the Board members, we will also be honoring former Mayor Kile Morgan, National City Chamber of Commerce, Executive Director Edith Hughes, and others who have been members of the Board since its inception in 1947. If you have additional questions, please call me at my San Diego Council office at 236- 6644, my National City Council office at 336-4238, or at Home at 267-8505.. You may make your checks payable to: City of National City Maytime Band Review 1243 National City Blvd. National City California, 91950 We greatly appreciate your consideration of our request. Respectfully, Luis Natividad, Councilmember City of National City City of National City Office of the City Council ITEM #19 4/20/04 OLD BUSINESS 1243 National City Blvd., National City, CA 91950 (619) 336-4238 LUIS (LOUIE) NATIVIDAD - COUNCILMAN MEMO To: City Manager's Office From: Councilman Natividad Date: April 8, 2004 Re: Agenda Item for April 20, 2004 Please place the attached regarding proposed/suggested criteria for the request and dispersing of public donations for the Agenda of April .20, 2004. PROPOSED/SUGGESTED CRITERIA FOR THE REQUEST AND DISPERSING OF PUBLIC DONATIONS City Council Policy Title: Contributions Policy Number 202 Adopted: July 14, 1987 Amended or Revised: June 23, 1992 Title: Donation Acceptance Policy Policy No. 204 Adopted: October 21, 2003 • Donations can be requested for a special project or event approved by the majority of the City Council after being placed on the docket agenda, before requesting the funds. • All revenues will be placed in a special account bearing the project or event's name and title. • Any surplus donation funds will be left in the accounts if the project or event is continuous, i.e. "Community Breakfast", "Tamalada", etc. • The Mayor or Councilmembers can request funds from the "existing accounts" for a project or event, provided they follow the approved procedure. • The requesting Mayor or Councilmembers will have the responsibility of procuring and delivering all receipts, contracts or MOUs to the Finance Department. • The requesting Mayor or Councilmembers will be responsible for providing the final Revenue and Expense Statement. • If the project or event is not continuous, the funds can be transferred to another project or event. CITY OF NATIONAL CITY FINANCE DEPARTMENT REVENUE AND EXPENSE STATEMENT TAMALADA JULY 1, 2003 - MARCH 8, 2004 REVENUES Donations Check No. Neighborhood National Bank $500 National City Chamber of Commerce $250 . Edco $500 . • Cox $500 BofA $500 Shops at •Las Americas $250 Sycuan Band of Kumeyaay - $1,000 Batiz.com Inc. $250 Westfield/Plaza Bonita $250 American MedicaFResponse . $500 Metropolitan Area Advisory Committee . $106 Washington Mutual $1,000.i SDG&E $1,000 TOTAL REVENUES EXPENSES Entertainment Mariachi Music Baffle folklorico.performance Subtotal Entertainment Supplies .1 Decorations -Center pieces 188481 '4$86 Decorations and disposable dinnerware 188478 $517 Aprons 189289 . $304 Table Linens 189296 $120 Aprons 189290 $351 Aprons 189291 $114 Bags and wrapping paper Petty Cash $48 Decorations Petty Cash $49 Aprons •Petty Cash $26 Paper for program Petty Cash $24 Paper for program Petty Cash $48 Paper for invitations Petty Cash $45 Paper for invitations . Petty Cash $45 Paper for invitations Petty Cash $48 Paper for invitations Petty Cash $49 Paper for invitations Petty Cash $48 Picture frames for certificates 190466 $140 Subtotal Supplies Consumables Catering -Macaroni salad 188475 3154 Catering -Cookies 188477 $150 Catering-500 tamales 188480 $447 Subtotal Comsumables 188474 $500 188479; $250 189875 - $100 $6,606 $850 $2,063 $751 TOTAL EXPENSES $3,664 2 NET DONATIONS AVAILABLE $2,942 H:\ahuntenMydocumentskspecialrequests1donations\tamaladapark CITY OF NATIONAL CITY FINANCE DEPARTMENT REVENUE AND EXPENSE STATEMENT LEAGUE OF CITIES EVENT JULY 1, 2003 - MARCH 8, 2004 REVENUES Donations League of CA Cities -SD County Division $500 Cox Communications $1,500 Mile of Cars $40 Union Bank of CA $2,500 Sub -total Donations Registration Fee National City Chamber fo Commerce $40 City of National City $560 City of San Marcos $120 City fo Oceanside $40 City of Carlsbad $40 League of CA Cities $40 North County Coastal Cities $40 SDG&E $40 City of Chula Vista $280 City of Del Mar $80 City of Poway $120 City of Coronado $200 City of La Mesa $280 City of Lemon Grove $160 Caporicci & Larson, Auditing Firm $40 Robert Apodaca $40 State Farm Insurance $40 Bennett Peji Design $320 City of Imperial Beach $280 Gregory Cox $40 Cheryl Cox $40 CDR Burt Expe, USN $40 Benjamin Camacho, MD $40 Aguinaldo Realty & Mortgage $40 Renee J. Faber $40 City of Solana Beach $80 Tucker, Sadler, Noble, Castro Architects $40 Southwestern College $40 A/R-SD County Authority Water Authority $40 Sub -total Registration Fee TOTAL REVENUES EXPENSES Entertainment Music DJ Supplies Invitations Consumables Catering Catering $4,540 $3,200 $7,740 185739 ($100) 185622 ($146) 185173 ($2,383) 185077 ($1,500) f1 CITY OF NATIONAL CITY FINANCE DEPARTMENT REVENUE AND EXPENSE STATEMENT LEAGUE OF CITIES EVENT JULY 1, 2003 - MARCH 8, 2004 Subtotal Comsumables ($3,883) TOTAL EXPENSES ($4,129) NET DONATIONS AVAILABLE $3,611 CITY OF NATIONAL CITY FINANCE DEPARTMENT REVENUE AND EXPENSE STATEMENT Neighborhood Breakfast Meetings JULY 1, 2003 - MARCH 8, 2004 REVENUES Donations Various Individuals $300 SDG&E $250 Cox $250 San Ysidro Health Clinic $1,000 SBC $250 Bank of America $500 TOTAL REVENUES EXPENSES Supplies Event materials Petty Cash $24 Postage Petty Cash $16 Certificates Petty Cash .. $6 Invitations Petty Cash $19 Decorations Petty Cash $47 Decorations Petty Cash $24 Paper Petty Cash $11 Decorations Petty Cash. $42 Centerpieces 187631 $155 Reimbursement for decorations 187481 $55 Sub -total Supplies $2,550 ($402) Consumables Catering -Community Breakfast 186409 $385 Catering -Community Breakfast � 189092 $770 Sub -total Comsumables ($1,155) TOTAL EXPENSES ($1,557) NET DONATIONS AVAILABLE $9 33 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 20, 2004 AGENDA ITEM NO. 20 (-ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the California Association for Bilingual Education and Waiver of Fees PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering The California Association for Bilingual Education (CABE), San Diego South County Chapter, is requesting use of the Community Center North Room and Kitchen on Saturday May 22, 2004 to hold a Scholarship Awards Breakfast for students in the South Bay area, including students from National City. They are requesting the Center from 7:00 a.m. until 11:00 a.m. Costs: Building: $351.88 Kitchen: 50.00 Custodial: 89.36 Total: $491.24 They are also requesting waiver of fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". Environmental Review X N/A Financial Statement Loss of $491.24 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use of the Co mu ly Center and waiver of fees 6 BOARD / COMMISSION RE MMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Martin Luther King, Jr. Community Center 2. Letter from the California Association for Bilingual Education dated April 5, 2004 A-200 ,9.99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". /1 Name of Organization: U4`ut (�. ass�S C Loc on t)y -6/ i(VlsliFJcl ccC`J7dy1 C ) Business Address: gip,0, C)( 11_0SS4/ C_kklc Uid CA•Tg1 (l(0 Name of Applicant: f l-P_ 4'11.5 (( C• iTdyrd-fr or e r(3C 1 df IJ-P 3gclo Address: A 1I- I IVSS � r � f C,rl�LC C VcJ f Cr_ �/(ci% Telephone Number: day (61i) ,.()SS -i00 evening Wei )) 41)-F —0,3 Type of Function: C11oAatc-Sk kw a 11,5 3rC4):"icij- Date Requested: '( GtA3 i Decorating Time: a1n01 , i-coq (S Q-cortk) d Cif Vi. ar pm) to 3`OD (m m) Function Time: cO2) (--'i (m% m) to / ,' 2 0 Gm) Clean up Time: ! 0 i.. (_3 m) to / i ` c30 am m) Use of Kitchen: no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: )-C) To cud el- COsfi Z'rrec�[C�y�- Will Admission be charged? 'j-eS If yes, Amount $ /0. O) Will this be a fund raising event? PO Will alcohol be served? it) L) If yes, ABC Permit Submitted? Certificate of Insurance attached? l$ °,S Special configuration of tables or chairs required? U. e 5 If yes, attach sketch. Special equipment required? E S If yes, attach list. Copy of Rules & Regulations provided? t✓40S Initials 5 Certificate of Insurance attached? How many times in the last two years have you used the Community Center? CAC C'- If applicable, how much did you pay for building and/or custodial fees? Ali 0 I CERTIFY THAT I HA\/E RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. , I / (_/ l Signature of Applicant Date rev.02/03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. 1 f` Organization (c i ! cICi`-(on4r 7i I11,-15 F-?duvet, Person in charge of activity - i C 1r1 S f 1 d G b l 4 G Cie Address Y(. 'l _ r10SS sitd- C gI4I1 City facilities and/or property requested %A q v, Ck_ Telephone Wgi - ( Date(s) of use S [\,A tics, vU�/ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant ctiodi Official Title Date Certificate of Insurance Approved by Name and Title rev. 02/03 California Association for Bilingual Education 16033 E. San Bernardino Road, Covina, CA 917223900 l (626) S"14 4441 • Fax (626) 814-4640 P. O. Box 120584 Chula Vista, CA 91911 April 5, 2004 Mr. Stephen Kirkpatrick Acting Director City of National City Public Works/Engineering Department 1243 National City Boulevard National City, CA 91950-4301 Dear Mr. Kirkpatrick: On behalf of the California Association for Bilingual Education (CABE), San Diego South County Chapter, we are requesting the use of Martin Luther King Jr. Community Center. We would like once again to use the Center to host our annual Scholarship Awards Breakfast. This year, our Scholarship Breakfast will be held on Saturday, May 22nd, 2004, from 8:00 to 10:30 a.m. Our annual CABE Scholarship Awards Breakfast will honor bilingual students from all the districts in the South Bay area including students from National City. Over the years, we have heard from many parents that this recognition not only motivates the scholarship recipient to attend college or a university, but also influences their siblings to look at college as a very realistic option. Young students are not the only ones who benefit from these scholarships. Some parents have retumed to school, thus becoming the role models in demonstrating to their own children the importance of education. Furthermore, many of the students recognized are pursuing a career in education and plan to return to their community to teach. CABE is a non-profit organization that promotes and supports educational excellence for all students. All of our fundraising activities fund this scholarship program. We are requesting to have the fees for the use of the Community Center waived. This would allow us to provide more scholarships to other worthy students. We hope that you will join us in our efforts to motivate students in the South Bay area to continue their education. We also, extend an invitation to the mayor and the city council to join us at the event. Thank you for considering this request. Sincerely, C Denise C. Harder Co -Chair, High School Scholarships Griselda Delgado Co -Chair, High School Scholarships MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 20. 2004 AGENDA ITEM NO. 21 ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — LIONS CLUB — 4TH OF JULY CELEBRATION Rosie u ierrez 336-4210 Building and Safety DEPARTMENT EXPLANATION This is a request from the National City Lions Club to conduct the Annual Fourth of July Independence Day Celebration in Kimball Park. The dates and times of the event are as follows: Setup Monday, June 28 Actual Event Thursday, July 1 Friday, July 2 Saturday, July 3 Sunday, July 4 Monday, July 5 Tear Down Tuesday, July 6 8:00 a.m. 5 p.m.-11 p.m. 5 p.m.-11 p.m. 1 p.m. — 11 p.m. 12 p.m. — 12 a.m. 1 p.m. - 10 p.m. complete by 4 p.m. This request includes closing D Avenue, between 12th Street and 16th Street, from 8 a.m., June 28 until 4 p.m., July 6. This year's event includes musical entertainment, fireworks on July 4th at 9 p.m., a carnival, talent shows, food booths and community sponsored displays. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. Environmental Review N/A Financial_ Statement 1 fie Po ice epartment has estimated that the event will resul , $44 t9Q in unbudgeted overtime expenses. Additional costs for Public Works, Fire and Finance and the TLTP19f6E8r4ing costs total $5,159.19. N/A Account No. STAFF RECOMMENDATION Approve the Application for a mporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees, except the $14,325.00 in Police overtime fees. BOARD //ACOMMISSION RECOMMENDATION ATTAn 11;1 io FWtefiemporawiUse Peitnit with recommended apifitEl4diliti I8nditions of approval. A-200 (9.99) BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Host Lions Club EVENT: Annual Fourth of July Independence Day Celebration DATE OF EVENT: July 1 through July 5, 2004 APPROVALS: PLANNING FIRE PUBLIC WORKS FINANCE POLICE PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER YES [x] YES [x] YES [x] YES [x] YES [x] YES [x] YES [ x ] YES [x] YES [x] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: GENERAL CONDITIONS ESTABLISHED IN PRIOR YEARS 1. No alcohol shall be sold or served. 2. The Lions Club shall give National City service organizations priority over outside organizations participating in the event. 3. The Lions Club is to provide a thorough and complete financial report within 120 days of conclusion of the event detailing all revenue sources and the amount of revenue received from each source, the amount of each expenditure and total expenditures, the amount of revenue in excess of expenditures retained by the Loins Club, and proposed budget for the use of revenues generated from the event. 4. The use of amplifiers to be limited to the hours of the stage events. 5. Written notification must be given to the occupants of the property adjacent to the park. The notification must be mailed no less. than 72 hours prior to the event. FIRE 336-4550 1. A permit is required for the fireworks display from the fire department. The fee is eighty- five dollars ($85.00). 2. All cooking booths shall have one 2A:10BC or 40:BC fire extinguisher with a current California State Fire Marshal tag attached. 3. Metal cans with lids and labeled "HOT COALS ONLY", shall be provided for charcoal disposal. 4. A fire safety inspection shall be conducted by the fire department prior to the operation of the carnival, of all rides, cooking area, etc. 5. Fire safety inspection of the fireworks shooting and fallout areas shall be conducted prior to any fireworks display. 6. Emergency access shall not be blocked at any time. 7. Access to Morgan and Kimball Towers shall be maintained at all times. 8. Fire Department connections shall not be obstructed at any time. 9. Cost recovery for overtime is $354.84 plus carnival permit $85.00 total $439.84 10. Fire Department access into the booth areas to be maintained at all times. 11. A permit is required to erect a tent having an area in excess of two hundred square feet or a canopy in excess of four hundred square feet, or a combination thereof. Tents and canopies shall be treated with a certified flame retardant and labeled as such. The fee per tent and/or canopy is eighty-five dollars ($85.00) and is issued by the fire department. FINANCE 336-4330 1. A Business License is required for each vendor present at this event. Vendors currently licensed by the City may operate on their existing license. A list of all participating vendors is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 2. A $2,500 bond and a $50 inspection fee is required for the carnival or circus. 3. If any of the vendors or organizations is registered not for profit, there will be no charge for the Business License. However, a business license certificate must be obtained from the City Revenue and Recovery Division, business license section. PARKS & REC. 336-4290 1. Night time security needs to be provided. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on the above policy. 3. Execute standard hold harmless. (Done) PUBLIC WORKS 336-4580 1. Street division will post "No Parking" signs and close (barricade) "D" Ave during the event, cost $134.35. 2. Facilities to provide utilities service for booths (electricity, gas, water & sewer). Cost is estimated to be $1,550. Booth rental will be $2,900. POLICE 1. Police Department cost analysis is estimated to be $14,325.38 because of cost increase, Police removed private security hours. 2. The Neighborhood Police Team is not available to work this year's event, which had saved about 28 hours last year. (THE SAN DIEGO COUNTY HEALTH DEPT. AND NATIONAL CITY TRANSIT AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED) City ©f National Ci .. P PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Al A--4 DA/ ,A L-. Organization L. i ON S C 1.+- f3 .S Person in Charge of Activity Al ! i A RT Address ? o . Bx ci% - A /,4--A -0,4,4- L Telephone(p) I77 - 7 S `i `/ Date(s) of Use La HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors, /10 Signature of Applicant Official Title Z-Ii— Date I -or Office Use Only Certificate of Insurance Approved D ate 7 Type of Event: Public Concert Parade Motion Picture _ Festival _ Community Event Circus _ Block Party / Other C-A /2 rJ, /�-l_ Event Title: /✓ g i p A%ra- l Li f y 1 p 7 i- I DA) 5 n.l /-) rrt/J/�Gi/� Event Location: / / f A1.--1.- 7,1 lam= Event Date(s): From / / to -"% 5 Total Anticipated Attendance: / 5// 00 [') j-i,,Ly I — 5 II pm, way a — 5 tV P,�, ( e 65 Participants) c y 4 - �%o� /,2 p -/<Spectators) Actual Event Hours: �" "y 3 � � /� I�n� Fair Demonstration Grand Opening �uL/5- I 10RIA Setup/assembly/construction Date: /. - 7 Start time: S ; DO i}-tV\ **� Please describe the scope of your setup/assembly work (specific details): Sr—f • V- P �L�`i9 ��.1� 0 0 I ri ' 01 Dismantle Date: 7- 4 , f Completion Time: / M am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. D ,e)-dr= I2 ± fl L D •s i:47, A4 h rJ A C / / FYI l'7PI w5I) % 7— (® --- o`' / Plot Sponsoring Organization: AjA--1--7Oh741 (1 ,1,7 AL 1'0,)5 t `c8 Chief Officer of Organization (Name) 44 i� Applicant (Name): 0NpJ K K� Address: 3-I / G_ For Profit k Not -for -Profit /+t,o/JA-L- 0,t Daytime Phone: (Ida) 33L-'%": SC, Evening Phone: ( /7y- yL/ti Fax: (/gl, .53(, - 6, Contact Person "on site" day of the event: Email M PS/2 y e—a2)( a 41' Pager/Cellular:L/01 q 5 O - yS 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? 4" YES NO If YES, please explain the purpose and provide amount(s): i,e $ . c 0,04) Estimated Gross Receipts including -ticket, product and sponsorship sales from this event. $ j DI a D o Estimated Expenses for this event. 00 $ / 5 000 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. rJa4i� n1 �L C? 1-�X Nosl1- Li D,Js �LuB ca,e�L SPonis0g �+1� 4A W 4A, e4 L L/ T L L/ C N r c/,1 L C= ; L,,) R ks KLmBALL PA-RK C12OM 1}11.4IDSDky y1.00L/ c 1>� SS A Ly oo y, -t�-f�s g11 i a al A L _ A-2 rJ L✓ A L f� I l) , �� n Imo- �0�`� i 5, LA- la •i, t/ 4 L 1ih.-LV ci:00 P, J /nI fDiD.,1 LL 3�— Ti4LGN-j" s©cAI j 4.00D vtn�ti��. ��/z� n1L/v� L !,P YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES 4, NO Does the event involve the sale or use of alcoholic beverages? - YES - NO Will items or services be sold at the event? If yes, please describe: Q,�42 b) I VR I b /4-41) a'h -Re D f 7T YES 10 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. 4. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. NO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies 3 0 Sizes g,)( 1 0 a^ ` 'TX IS— _ NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? G YES In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation ares Please describe how food will be served at the event:(---r,p N`` ��13 DA-iPRoP, R DC A,/ 4�ta")5,.CL L� �rs/Z0—.I-f,N'5 y d -1� i Al%) D v 1 L P,2 067 /z w► If u intend to cook food in the event area (please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 14, (1 for every 250 people is required, unless the applicant can show that t ere are facilities in the immediate area availab e to the public/ during the event) /5 kee, u_ l_„6- /2- / 1-4 Nei CA- P Wo` IA) A a "7 c ➢' Tables and Chairs ➢, Fencing, barriers and/or barricades ➢` Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: a © Trash containers with lids: D D Describe our plan for clean-up and removal of waste and garbage during and after the event: Du_ m'51E—• RG.n)-1-s-p II/,J* /oN: C.Lct/ tN , t_L B C 111 -r E Ld.) 5f f A-2K L a -t; AJ<1- DA) L �/ PA-,Q x� w '1`'/N L-co54. Ps S 1i�t 2/�1C lip r /- VY+ L� Please describe your procedures for both Crowd Control and Internal Security: -YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: - f j j C nn r 1 F Security Organization Address: Security Director (Name): Phone: -YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: A-2 I; 1, r, /1*S 91" L I lt-5 0,4r2-n1 t1Jt3'L 12 11)6 Cfr o 15 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: laaoc-ribs ,4- 5tD LA)A / / OA)6- b -PPp-4 1-8 'pite- �. is K,� 4-ccC—S5/f8ZE Please provide a detailed description of your PARKING plan: WILL Kit LL r,( 511AJt, ANb AJGFt/_b "� PpaLtL P 2KIn.1(= Please describe your plan for DISABLED PARKING: ak_i3it +� 4 Please describe your plans to notify all residents, businesses and churches impacted by the evLent: 5 4-, 7JA) , Li-- -'D A- Li- !� G— 5 /) rtiJ L r" s I /cl /4-2.C: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. "OYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Q/J Number of Bands: Type of Music: ._ YES NO Will sound amplification be used? If YES, please indicate: Start time: Ila✓1,+,�a-t-t_a am/pm Finish Time 4-YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: ✓A-R_, fa vt>4am/pm Finish Time 5e DUof/pm Please describe the sound equipment that will be used for your event: 'YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: PRaec-ss/o,.�A-L. F 2z;u./o/iKS Dt5P141/ DN tLL+y ()q; t7O1/Yl Sv CR-ONIStri4� (1WDIn 6101-1-10 5+-AnE11w4t /4 ' o r25 ES NO Any signs, banners, decorations, special lighting? If YES, please describe: ® a J t ]�)c=- 4 b ) A.% 14t,, / r"o2 Revised 10/3/01 5 Event: For Office 'Ilse Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 4- Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization AM-4-1 c nl A- (_ C rf-`' % n s i•-- l o AJ s [7. , Type of Organization 5 c_ E. C. L. (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? 4- Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. n) o -1` s 4- ice- 1 -4 No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service dub, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? - Yes (Please provide an explanation and details. ?Rca c,, -�, i) S ,4-/ZG— o A.) I Th `1-0 44-22 s ®2.6, n,� 4-J17 "P2oAm 5 i/J t1 O JAL No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: 4-- No (P lease sign the form and submit it with the TUP Application) 7%(' Signature - Date 9 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 20, 2004 AGENDA ITEM NO. 22 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — SENORA MUNDO Rose G (i1errez 4210 DEPARTMENT Building & Safety The City of National City and Senora Mundo are requesting permission to hold a parade for the International Beauty Pageant "Senora Mundo" on Saturday, April 24, 2004 from 12:00 p.m. to 1:00 p.m. The parade will consist of 28 contestants wearing typical costumes from different countries and riding on convertibles provided by the Mile of Cars. The parade will begin at the Chamber of Commerce, continue south on National City Blvd., turn left on 18th St. and travel to Highland Ave., go north on Highland to 4th St., then turn right on 4th St and go east to Granger Music Hall. At Granger there will be a contest for the best costume. The parade will follow all traffic rules. The City of National City and Senora Mundo request a waiver of fees. The application and event qualify for a waiver of fees per City Council Policy #704. Environmental Review N/A Financial Statement Approved By: The City has incurred in costs $345.00 for processing the T.U.P. through D-ety departments. Account No. STAFF RECOMMENDATION '- Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 i9&991 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: City of National City and Senora Mundo EVENT: Beauty Pageant, "Senora Mundo" DATE OF EVENT: Saturday, April 24, 2004 TIME: 12:00 p.m. until 1:00 p.m. APPROVALS: PLANNING FIRE PARKS & REC. POLICE PUBLIC WORKS ENGINEERING CITY ATTORNEY RISK MANAGER SPECIFIC Conditions of Approval: YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES[x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [xl NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x 1 CITY ATTORNEY (336-4220) 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds with the amounts of coverage to be determined by the Risk Manager. ENGINEERING (336-4380) 1. Ca11 Engineering Department at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. One million dollars for auto liability insurance including non -owned and hired auto. 3. Name the City of National City and it's officials, employees, agents and volunteers as additional insureds on above policy. 4. Standard hold harmless signed. Type of Event: Public Concert _ Fair /Parade Demonstration Motion Picture Grand Opening Event Title Event Location: Event Date(s): From Actual Event Hours: I Mam/pm to 1 e D1)am/pm Setup/assembly/construction Date: P7A Start time: Please describe the scope of your setup/assembly work (specific details): %o ("7Lte€ es-/ e 5 Festival Circus Other _ Community Event Block Party to Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. no 6-71-rGc.1 c /2 t ez-eS Al tA,P �.,—J - `/ 4NA- S-I- G ] ,�^�p /� s OrR Sponsoring Organization: fl-r ,A�Z&staD For Profit Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): Ski! Address: Daytime Phone ) S7 (- 84,qcv ening Phone: Contact Person "on site" day of the event: Email Pager/Cellular 877-0.69- 1-/53t, NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES • NO YES 1= NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. re9— What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. z --/_ c-c ril/ e ile_o-vim rked �e 77J114-) dil-F*/i /J YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: - 7 YES NO Does the event involve the sale or use of alcoholic beverages? YES cNO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ex YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. 3 Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) b Tables and Chairs b Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) 9 Booths, exhibits, displays or enclosures Y Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers v Other related event components not covered above a Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Q.r d 3 Please describe your procedures for both Crowd Control and Internal Security: C/?oY!-? YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and .surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING playr r. :, p Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: / /`i U- /10/7 e ceu YE NO Will sound amplification be used . If YES, pleas ndicate: YES_ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm YES YES Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 For Office Use o-nly Event: S:em k/e;t. Aa/o Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approvec Yes No Vote: Kathleen Trees, Director Building & Safety Department BUILDING AND SAFETY DEPT, RECEIVED MAR 2 6 2004 NATIONAL CITY, CALIF: 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. IN :me of the sponsors g organization , I ( - Type of Organization _J cz-KK (Service Club, Church, Social Service Ag cy, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) `�— No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Pease provide an explanation and details. X No (Please proceed to Que n 5) ull the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. �4 No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within: the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (f"lease provide an explanation and details: No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community i eveloprnent 'Mock Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TIP :,,pplication) City of ationa1 City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate ^oofinssu/rrance must be attached to this permit. COrganizationt (1fia" � c /f/C - Person in Charge of Activity Aa;IdressL..Y�7L5 64a44- Telephone / 7 % xict i556 Date(s) of Use / 2/16 'zi HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless -the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. pplican 1 �rz%h O icial Title P -4°°/ Dat For Office Use Only Certificate of Insurance Approved Date MEETING DATE April 20, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 23 (-ITEM TITLE PREPARED BY TEMPORAR . E PERMIT - FRIENDS OF THE LIBRARY& NATIONAL CITY LIBRARY- ( NATIONAL CITY LITERACY CELEBRATION R• sie rrez, 3361RTMENT Building and Safety EXPLANATION This is a request from the National City Library to conduct the National City Literacy Celebration & Reading is Fundamental Book Give-away from 10:00 a.m. to 3:00 p.m. on Saturday, May 15, 2004. The request includes: • the use of the Library and the Martin Luther King, Jr. Community Center parking lots, • the use of the Library and Martin Luther King, Jr. Community Center buildings, • the sale of food and drink, • musical entertainment, • children's crafts & activities booths, • an art exhibit, • request for a portable stage with sound system and • permission to hang banners on city buildings. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement Approved �`� The City has incurred $255.00 in costs in processing the T.U.P. application rough varF�ii�eGfrhyto, Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Terliporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9:99 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library DATES OF ACTIVITY: LOCATION OF ACTIVITY: TIME: APPROVALS: POLICE RISK MANAGER CITY ATTORNEY PLANNING FIRE FINANCE PUBLIC WORKS PARKS & REC ENGINEERING Saturday, May 15, 2004 200 East 12th Street Martin Luther King Jr. Community Center and Library Parking Lot 10:00 a.m. to 3:00 p.m. YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 04/16/2004 CONDITIONS OF APPROVAL: FIRE (336-4550) SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[ ] 1. No emergency access shall be impeded at any time during this event. 2. No Fire Department connections to hydrants, standpipes, etc. shall be blocked. 3. Canopies shall be spaced at least 10 feet apart. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. 3. A list of all participating vendors (with their address, phone number and current National City Business License number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of Business License numbers. 4. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. POLICE (336-4400) 1. The Police department will assign senior volunteer patrol as requested. PUBLIC WORKS (336-4580) 1. Street division will post "No Parking" signs and provide barricades to event staff as needed $0 cost. 2. Facilities to provide 1 custodian and 1 electrician to do electrical setups and help custodian do event setup and cleaning. 3. Electrician (4-6 hours) overtime approximate $168.00 4. Custodian (7-9) hours) overtime approximate $198.00 5. Total cost $366.00 PARKS AND REC (336-4290) 1. Library will pay for overtime for park staff for this event ($6.65). Type of Event Public Concert Parade Motion Picture Fair Demonstration Grand Opening Event Title: National City Literacy Celebration Festti -s Circ b Other Event Location: Martin Luther King Jr. Community Center and Event Date(s): RCM 5115104 To 1115 4 Aduai Event Hours: 10 am to 3 pm Setupfa�sembly!construction Date: 5114104 Total Anticipated Attendance: 2500 ! Participants 1: 250 f Spectators): 2250 Start time: noon at MLK Center Please describe the scope of your setup/assembly work (specific details): Tables, chairs, canopies, portable stage with sound system Dismantle Date: 5115104 Completion Time: 5 pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. NONE Sponsoring Organization: National City Public Library Chief Officer of Organ (Name) - Anne Campbell Applicant (7aame}: Becky Matibrough Address: 200 E 12 at., National Crty, CA 91950 Daytime Phone. (513) 336-4463 Evening Phone: For Prof* Not -tor -Profit Fax (619) 336-4368 Contact Person on site" day of the event: Becky Marlbrough Email: 9iteracy@s oe.k12.ca us Pager/Cellular 507-0572 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND 1MMEDIATEL Y AVAILABLE TO CITY OFFICIALS parking lot, library and library parking 21444, L,Arle CAL( IA: Is your organization a "Tax Exempt, nonprofit' organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): To assist in meeting overhead of the event. Total $250.00 $ N/A $ 320.00 $0 X YES NO X YES NO Estimated Gross Receipts including" ticket, product and sponsorship sales from this event. -Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Reading is Fundamental (RIF) book give away, musical entertainment, school fundraising, food booths, children crafts and activities booths, and art exhibit YES No If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? X Yes X NO NO Will items or services be sold at the event? If yes, please describe: Food items by other non -profits Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route, indicate the direction of travel, and provide a written narrative to explain your route. x YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES NO Does the event involve the use of tents or canopies? If YES: Number of tenticanoptes 10 Sizes 10 x 10 NOTE: A separate Fire Department permit is required for tents or canopies. X YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: - Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: From tables under canopies • If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): - Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) - Tables and Chairs - Fencing, barriers and/or barricades - Generator locations and/or source of electricity - Canopies or tent locations (include tenticanopy dimensions) - Booths, exhibits, displays or enclosures - Scaffolding, bleachers, platforms, stages, grandstands or related structures - Vehicles and/or trailers - Other related event components not covered above - Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout theterm of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 10 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Use of trash cans and dumpster Please describe your procedures for both Crowd Control and Internal Security: The senior volunteer patrol will be present at the event YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list SecurityOrganization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment A cell phone will be available to call the fire department Please describe your Accessibility Plan for access at your event by individuals with disabilities: The library and community center comply with ADA regulations. Please provide a detailed description of your PARKING plan: On street parking, parking in lot adjacent to baseball field, and alternate parking with busing. Please describe your plan for DISABLED PARKING: Marked curbside parking and designated spaces in back lot, adjacent to baseball field. A Please describe your plans to notify all residents, businesses and churches impacted by the event 6i notification fetter will be mailed of feast 72 hours prior to the event NOTE: Neivhborhood residents must be notified 72 hours in advance when events are scheduled in the City parks yES No Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Type of Music: ethic x YES No Will sound ampkfication be used? If YES, please indicate: Start time: 10 a.m. X YES NO YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES No Any signs, banners, de.corations, special lighting? If YES, please describe: Posters and banners. No spacial llg 'Efng. Number of Bands: Finish Tme: 3 p.m. MI sound checks be conducted prior to the event? If YES, please indicate: Revised 1013101 Start time: 8 a.m, Nnsst� time: 10 a.m. Please describe the sound equipment that will be used for your event: Parks and Rec Dept. SOUrOd system Parking Lot 1 Sidewalks Buildings Tent fen's Room Chairs Tables w/ Electricity Tables w/o Electricity # of Chairs )0 Chairs to view stage Tables for Art Exhibit Panels for Art Exhibit Table/7 Chairs in Kitchen Hall -or Judges Read Tent rig 2 chairs) RASH ch Face painting Bot*rnracks GB:- - -- (PaaticRife; Det;) :I_ chairs; chairs tce dream Truck lj Candy Bars tton Candy/ opcorn airs Parent Literacy e Food Hot t)og 3arharoaa Nachos Pizza s FIRE LANE P oe is YA books Friends books 4 ILL Fish Pond 2 chairs rBag Toss 0 Feed Tack HTB & Sr Patrol ( hairs; (AISLE 100 Chairs CdeHom, EHC aM MEM C J♦ MEMr 1 airs (22 paces) Volt tntv.pE_o_ Booth (11 spaces) L (4 chars) (2 chairs) (4 chairs) R.I.F. (Elementary) Nt N1;up Not to Scuba !to SuLoi oCli;i 0 w M 0 a E Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sou sponsored by a non-profit organization? Yes (proceed to Question 2) X No (Please sign the folio and submit' it with the TUP A lication) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 1 .• Name of the sponsoring organ; mtion • ' ; 1 Type of Organization .- (Service Club, Church, Soda l Servic Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Wi1i the proceeds provide a directfinancial benefit to an individual who resides in or is employed in the city, and who is in dire financiai need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Re proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) Date MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 70, 7004 AGENDA ITEM NO. 24 / ITEM TITLE TEMPORARY USE PERMIT — COUNCIL OF PHILIPPINE-AMERICAN ORGANIZATIONS-PHILIPPINE FAIRE AND PARADE PREPARED BY R�osi tierrez, Permit TecDEPARTMENT EXPLANATION See attached report. Building and Safety X Environmental Review N/A Financial Statement y. The City has incurred $263 in costs for processing the T.U.P. through variiou addition, the cost to the City departments is $6,734.49: $2,955 for Parks & Rec. Department, $2,454.01 for Public Works and $1,325.48 for the Police Department. The cRcL�oun t willfwoeed their STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and using the parade route and times recommended by the Police Depaitiuent. Approve the waiver of the processing fees and provide direction on the waiver of the remaining $1,734.49. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9,99) STAFF REPORT This is a request from the Council of Philippine American Organizations to conduct a parade and a free community concert/faire. The community concert/faire will be held on Saturday, June 12 and Sunday 13, 2004 from 9:00 a.m. until 10:00 p.m. in Kimball Park. The Faire will start with an opening ceremony and cultural program followed by the parade. The faire will consist of awards and prizes to the parade participants and volunteers. There will be rides for the children and display booths for businesses and community organizations. There will also be food booths and music. On Sunday, there will be a cultural program to showcase the talent of young people in the various performing arts. The Council of Filipino Organizations is requesting the use of the City's stage and chairs. A large canopy will cover the chairs. CAPAO is requesting that the parade be held on Saturday, June 12, 2004 from 2:00 p.m. until 4:00 p.m. and is requesting the streets be closed per the diagram in Appendix A which impacts Plaza Blvd and Highland Ave at Walmart. Having the parade on the proposed route would block all access to Walmart. The Police Department also reports that in previous years the length of the parade and the route have made it hard to control. The police department is recommending an alternate route and time. Their suggestion is to have the parade from 10 a.m. until 12 noon and to use the route shown in Appendix B which has less impact on major streets, is less lengthy, makes right turns which are safer, does not impact any major businesses, does not encircle the senior center and buildings or Walmart, passes by City Hall and is more manageable for traffic control. In previous years this alternate route was not acceptable because of the Fire Station, but with the Fire Station closure there will be no impact on Fire services. City Council policy requires a minimum of 6 weeks between special events in Kimball Park. This event is scheduled 3 weeks before the annual 4th of July event approved by the Council. Council policy does allow the Council to make exceptions. A waiver of all fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. In the 03-04 Budget, Council provided $5,000 in funds for the parade. APPENDIX A COPAO PARADE ROUTE 410 1 '91-71 K_\ Ltt3;?epot..a 7/LN-T- r7,Lvz.,L\_t7s 2,6)0 Lc,)!,..1?A L. c- 2, ri -r4, SI kJ el 76 \ > La /7 T tZ,Vr7 UFT T APPENDIX B POLICE DEPARTMENT RECOMMENDATIONS Philippine Faire and Parade Police Recommendations and Cost Analysis For 2004 the COPAO has requested to have the parade between the hours of 2 P.M. and 4 P.M. on a Saturday. The Police Department recommends against having the parade during these hours. The Police Department does recommend that the parade be held in the morning hours from 10 A.M. to Noon. Congestion builds quickly on the weekends and having the parade conducted during the morning hours will have much less of an impact on traffic and access. The Police Department also recommends against the proposed parade route. During the last year Wal-Mart has opened at the corner of E. Pla7a Blvd. and Highland Ave. Having the parade on the proposed route would block access to all of Wal-Mart's entrances/exits. Even without Wal-Mart open, the parade route has been troublesome the past few yeas for the Police Department to control because of the length and the sqeets that are used. The Police Department would like to recommend that the parade route start at Kimball Park, go out onto D. Ave. Southbound, turn West on E. 16th St., turn North on National City Blvd., turn East on E. 12th St., turn South onto D Ave. and finish back in Kimball Park. This route has less impact on major streets, is less lengthy, makes all right turns which are safer, allows for staging and ending at Kimball Park, does not impact any major businesses, does not "encircle" the senior center and buildings or Wal-Mart, makes a pass in front of City Hall and is more manageable for traffic control. This route combined with an earlier starting time is much more acceptable and still provides a satisfactory parade around the City center. After the parade ends spectators can then easily traverse back to Kimball Park for the remaining activities rather than all the way from Plaza Blvd, or Highland Ave. The parade could also stage on A Ave., start the parade on National City Blvd. and fmish on A. Ave., as an alternative to staging on E. l2th St.; this is just a suggestion, not a recommendation. With the Fire station at E. 16th and D Ave. closed for re -construction there will be no impact on fire services as was the concern in the past for this route. The Police Department will attempt to staff the parade route solely with Reserve Police Officers, Explorer Scouts and Senior Volunteers so there is no cost for traffic control. The Police Department recommends that at least two police officers be assigned to the event both days to provide constant police presence. This will require 26 hours of police overtime if the event runs from 9 A.M. to 10 P.M. each day as noted in the T.U.P. Event organizers should provide their own internal security as in past years and they can also assist with traffic control the day of the parade. Cost Analysis: 26 police officer O.T. hours x $50.98 per hour = $1,325.48 Police Recommended Route for 2004 Philippine Faire Parade (Recommended hours 10 A.M. to Noon) INDICATE NORTH �TAlr1�La A > E.1Z TH ST i-- aw(3AL—L E.6 oTH < G(1 nr7 ry f � 0 RooH o0 o 0 27 .L.VM A-1/ Lq"1 �ry�171,J�7cJ t a - a X - ¢r q7 Agri 0 11.7":2 1 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Council of Philippine Organizations EVENT: Parade and Community Concert DATE OF EVENT: June 12-13, 2004 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x PARKS & REC. YES [ ] NO [x ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x (SD County Health Dept., NC Transit and SD Transit have been notified via fax on 3/6/03) CONDITIONS OF APPROVAL: FIRE 336-4550 1 No Fire Department access is to be blocked at any time during this event. 2. No fire hydrants or standpipe connections shall be blocked. 3. The sizes of the canopies described, individually, do not require a permit. However, to avoid the need for a permit, there shall be spacing of at least 12 feet between each canopy. 4. There shall be NO cooking that produces grease ladened vapors directly under any canopy. 5. There shall be a fire extinguisher available at each cooking booth. 6. Cans, which clearly state, "for hot coal disposal only" shall be provided and used by any charcoal grill users. PARKS & REC. 336-4290 1. There is a City policy that limits events in the park. 6 weeks between special events, 4th of July event has been approved for July. 2. Security is needed for the stage overnight. 3. The event will cost the Parks Department $2,995. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. One million dollars for auto liability insurance including non owned and hired auto. 3. That the City of National City and its officials, employees, agents and volunteers be named as additional insureds on all policies. 4. Execute standard hold harmless with the City of National City. (Executed) FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. Vendors currently licensed by the City may operate on their existing license. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 5. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License, however, a Business License certificate must be obtained from the City Revenue and Recovery Division, Business License Section. PUBLIC WORKS 336-4580 1. Public Works will post "No Parking" signs prior to parade and supply crews with barricades to assist P.D. with street closures during parade cost $1,530.01 2. Facilities to provide up to 300 chairs drop off at Kimball Park on June 11th at 8:00 a.m. and pickup June 13' at 8:30 p.m. 3. Cost of chair rental $600 4. Cost of labor overtime $324 (2 men. 3 hours) 5. Provide security for chairs left out at night. 6. Total costs to Public works $2454.01 ENGINEERING 336-4580 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of construction site in the vicinity of the activity, please call Charles at (619) 336-4380 POLICE 336-4400 See attached recommendations. CITY ATTORNEY 336-4220 Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and the Parking Authority of the City of National City and their officials, employees, agents and volunteers as additional insureds, with the amounts of coverage to be determined by the Risk Manager. BUILDING AND SAFETY 336-4210 Written notification must be made to occupants of property adjacent to Kimball Park. The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event and the name of the sponsor's representative who will be at the park on the day(s) of the event and how that individual may be contacted should the need arise. The written notification shall be mailed to the occupants of properties abutting the City parks as reflected on the maps available in the Building and Safety Department. The written notification shall be submitted to the Building and Safety Department for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set-up activities for the event. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization )Unt,,l of Uj p v;e Ayruir, tircr [Sq� 1�r17 6, Person in Charge of Activity Nry rn i i-cs Mo0,1 bd JJ Address f•O.hoy ISby- Nafianz� C� °I19SI-ICo4 Telephone ( jg() Jib I - 58 P) Date(s) of Use q72—piov HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Prz�,i P_rnf Official Title 1i1;ro_av 1 2-12 f Date For Office Use Only Certificate of Insurance Approved Date -7 _ Festival Circus Other Block Pa Total Anticipated Attendance: -5 e°c' (.Leo Participants) (t, qoo Spectators) Actual Event Hours: c/ : ry am/.pm to (o am/pm Setup/assembly/construction Date u.„ /' Start time•" Please describe the scope of your setup/asseembly work (specific details): 71- si4p + ; Type of Event: Public Concert V Parade Motion Picture Event Title: Event Location: V Fair _ Demonstration Grand Opening Event Date(s): From &diZinr/ to (V/3/0LI Month/Day/Year 87. t �n n , r -9L3C- .pi> iw_5 D tle Date: /, Completion Time / .z : List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. lv / b Si/r„r. 11,7x a n,l 4 euW.. ��✓ri✓ ��, 453 fry, • 4- n e (Lk -or.1. /PH /.- ilk- Y,'u. i7 Av-ehkz- r, b%1 `ct /L, YCw. St 4 t ! f{cv Y paces pt, alL.-_ 4.11 I Li am/pm <n <d mj%J ) Sponsoring Organization: Count; f o� Ph j7p r)R- Am-erla?, �rf4+w ja7er, For Profit (CO VA0 {Not -for -Profit Chief Officer of Organization (Name) Al,;V•c rG( .$. (-toe ('- f I^.-s r 6ic )t_T Applicant (Name): k n a n Ex 2, e_i- z Pi v<(...fco^ (Va lu h Er ) Address: S73 $- a C; 5, (4.0 Daytime Phone: (((/ ) z17'7 4 bq €€^, Evening Phone: ( ) Fax: ) r i7 -SC 4, Contact Person "an site" day of the event: ';(Von:To le,, : lA ) F Email Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVA9LABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? s0 YES NO Are admission, entry, vendor or participant fees required? /YES NO If YES, please explain the purpose and provide amount(s): j u Full I av rz_ re -Al oofkS ca:hd efltAi J2-er-LoinL, C ), fo l<c $ ( ", Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ i gl o o J Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? $ 0 Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Ti-- PG.,G�vrn z-d ✓z,,T a fs /2 an OF-Lnr elv2-mc-nal 1> Cc,l-fiAvJ /Novarn folio Lved �n� a 1"4•^4,,,fe parr- t.ira_-2/A. ;� leg gc,k%I 6Ari1S; yci t grvcarrs 7r?rh >; Ct.SSac:aIr do v he i r u� i( %z sf ; h._f r;-, a Gt SawIS 44-4 .1ri <S to To, h c.; , Q 7,7's a. h h 04, ti-t U 9{.` w h-fzev't j iz,tie ra i. l ( 6- /4`cQ.S a ri SG'I Syv 1 5r TA.L.- ks 2 hr� b a r pv, iN !" Ggovg, ( oc.la h,4.1S �%� .t '��r-r�,a(, , ' ,_,,,, d e,„ I %`L.,.....:,,,,,,. , I I f C 1.Jt' f K/GJ 4 1 -1- -fit a -it �- f} �� 1✓`"'off' �L'' e-r. Va. l,l�'r 17A ti (-'Z-,-.a ov" ; n L ! " J. t li , 4 a.. nf :,+�'^n "' Uwe 1 R ; J ` ;-L f 1- n r�,2� r��i=tf• -e v<.•L tr n, ill -toSn,{I -�Oati a.nl,? ,Sv.'i (�.V'i l� 2( i uz La.c f-2.y,'L Cvill k;v.-Jr�� 1 YES ✓NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: rs, A _ YES /NO Does the event involve the sale or use of alcoholic beverages? / YES NO Will items or services be sold at the event? If yes, please describe: Arr-15 } (1Mod. ScVLes „JR e(._< a bope<5 /YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. V YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. V YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies $'..S Sizes /a X /®s • ; 7A9 x 7>o si. NOTE: A separate Fire Department permit is requireb or Tents or canoe es. t/YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: f I4of loch u,tt �.= .,a4"v-go( 4 Li Im i..a cv,1.^� r !1 't✓h 1!t No-r inn 2 a�-C HA- /'6+ nzc)w-�41a6 c lac. u)4-1 FILe.1114 RNimc If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: ID (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: iD Trash containers with lids: f' Describe your plan for clean-up and removal of waste and garbage during and after the event: ;u rn-o s$d Lr� •s 5.J.2_ 4 (.,an- = 1/ 1� r 3 Please describe your procedures for both Crowd Control and Internal Security: e im d 1 qq�� 7 , { C.; i o I i E$.- Rt r av't YVI ;,•#GL+ I i w-. V',z• swi ffi-cl -ia a.5' 4 ; �,{-n �k l C1- rhk Yt Cl r J . i A co-y it v i £. vhi2 3 fC pe [L- .IP a� tp yaYOd ` So- Lu.(ii c kA.Y'a(S tt. t/ GZ Li Y's( a 5 7u z-al J-- YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: EYES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: fl ✓C u nat f G._e ca4,- f k c ' . r.(-e-et l2c,o Ca. Tkt gleTt Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. l , wise.5 c'i G v'5 +U; l I {..� encs .Nt aL,� rr� �ry J r of -Q' i k`41 a.i ac "11 rt I I II (,k. c AJir4 _j. O rv,. a v-.7 t J Please describe your Accessibility Plan for access at your event by individuals with disabilities: g rks„kt�i�i��e(S 1,E GaiSt iLi 7ES ozi, a ;r_E-Cr.wSK - kYwx Glyn „i -i-1.1. +�a,`k w-�., i . �v. u.: 11 % 9 i st n pv i ro y':f--� -to v T,- J Please provide a detailed description of your PARKING plan: a.. I a_ Li- r F. r g'v 1 ow ty - +M jam-- (I V-Z ELt. J tnj v,7r sra �'i4 S 4�I,1 6-1 v'o_S P Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: yfIvL p (� N� 2-6�iwt 2 QJ�2II � a Ni`� # d� .� 0'-1( L�sn� a 5 i n C + u r % LA); �i z 6,1; a u � rtu_ .Lv �z� Ovt 1 )b co-i hs c 3S as new NOTE: Neighborhood residents must be notified 72 hours in advance when events are J f scheduled in the City parks. i tJ YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: iL Type of Music: ci tnw c To i K rn 5^v { afar ry w c _/YES NO Will sound amplification be used? If YES, please indicate: Start time: i c amtp$i Finish Time ' oa am/pm- /YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: ei. co am/'pm Finish Time 1 ,` 3 ' am Please describe the sound equipment that will be used for your event: 5-1-zv'.ei% Q wr YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: A. tiYES NO Any signs, banners, decorations, special lighting? If YES, please describe: -i G} � s c y- 01 v"'.t. ,iT t rY, S 4 p n h t.r- oL Ct h Y1 F-V ti 4 U c k,C 1 "`= v`w�l9 GO' s t;i 00 Revised 10/3/01 0 lV-F'LS :YX 5 Event: ,for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. n )v i CR Yd Name of the sponsoring organization =�°� u r ,.; I a. 'P� l~-� �- (" SRT :YIPsi) l,7uau, 9nc. (DMA0) �: y^niG i'vti CLf1 lryl P Type of Organization CCmrvg�-)-tit, v..zlo�7w� -4 s-ev-mri�rwG evr (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) s% No (Please sign the form and submit it with the TUP Application) 4. WiII the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. 1wbTY, V"---rso orsnvf rt,_E g_j-eyii. y u mofst- --ouvts vn to-L. wZ it ri_c.c_rw.s, i i mcr--- sckf i—,A4E 1r&L. at �aY No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. N,. A No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: v', A No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City, California COUNCIL AGENDA STATEMENT April 20, 2004 MEETING DATE AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT — STEIN FARM — MAY DAY EVENT Rosie 336-4210 PREPARED BY DEPARTMENT Building and Safety EXPLANATION This is a request from the Stein Farm Organization to conduct the May Day Event on May 1, 2004 from 10:00 a.m.- 4:00 p.m. This event will include a May Pole, arts and crafts, house tours, and tables/booths that will be set up by different organizations representing environmental issues and animal welfare. There will be a petting zoo and other animals displayed by the participating groups. The May Time Band Review is also scheduled for May 1. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for waiver of fees. Environmental Review x N/A Financial Statement The City has incurred $345.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a 3 PP emporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: May Day DATE OF ACTIVITY: May 1, 2004 LOCATION OF ACTIVITY: 1808 F Ave TIME: 10:00 a.m. to 4:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] PUBLIC WORKS YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. At no time, during this event, shall any Fire Department access be blocked. 2. No Fire Department connections, such as fire hydrants, FDC's or sprinklers shall be obstructed. 3. The 10x 10 canopies mentioned in the TUP request must have a minimum of six feet separation between each canopy. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverage or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 4. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of Business License numbers. PUBLIC WORKS (336-4380) 1. Public Works will set barricades out at the corner on Friday evening for event personnel to close the street on Saturday. 2. The barricades are to be returned to the corner by event personnel for pick up by Public Works on Monday gaorning. SELF GUIDED TOUR E Avenue ST[1N FARM ISOSFAve NuttonalCiry CA 91950 Chris Johnson (b19) caretaker 477-41I3 Susan Wal-er ((o 19) docent (tours) 421o'5109 \b \a • 1q 15 \S • • • • Geo re house Casa \0 I plow 2 corn plow 3 ani rnal pens 9 adobe walk 5 barn entrance basement- windows 7 bu999 3 ci stern 9 flat bed truck 10 house front en -I -mince. F Avenue ma'n en -France \ko 11 archaeoloolco..1 ar♦ificia! 12, privy 13 purple Low ly well tori9inal location) 15 orchourds I (0 9u.rdens l'1 stables 19 shecb )ou*door 5+orate d enclosed s-+oro ,2-0 , , s Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration Motion Picture _ Grand Opening Event Title: Festival Circus Other UkOINQ Community \ere ` 1P _ Block PartyypR 0 6, 001 kir70NA` �a�4� Event Location: 54--t 1 /1 F Cl.,(' VY\ i Event Date(s): From eat_ to Total Anticipated Attendance: onth/Day/Year (gS) Participants) (i('0 Spectators) Actual Event Hours: ('� am/to am/pm Setup/assembly/construction Date:1' II`I )0Start time: 1 ci Please describe the scope of your setup/assembly work (specific details): (JAI/L.( b t'( U �� f(0t Dismantle Date: M I Completion Time: /pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: 5Y\ F Chief Officer of Organization (Name) CA r O V\vL S Applicant (Name): 3 u s oLv^ Address: (SO `el. V— i°t C c t C i� Daytime Phone: ((011)q (-fit09 Evening Phone: (61 ) 2 `l0'StO Fax: ( — ) Contact Person "on site" day of the event: S tk-SG'k,v'i ,t4Q1' Email For Profit Not -for -Profit Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. c,,_ I IC P J l C.�c \rcLik (�zn� cnr �c� v, i 2 v f A bv. � ��� r � s cAlwa tr e 's C YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES X NO Does the event involve the sale or use of alcoholic beverages? YES )( NO Will items or services be sold at the event? If yes, please describe: YESyN., NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Ir\AJ Lee �t If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs ➢ Fencing, barriers and/or barricades b Generator locations and/or source of electricity • Canopies or tent locations (include tent/canopy dimensions) 9 Booths, exhibits, displays or enclosures . Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers )= Other related event components not covered above • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: e vv\�, _e (S , l C I v n Please describe your procedures for both Crowd Control and Internal Security: YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES )NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. f 1�_-St- K l rl l (Lk) to tA_ w� Please describe your Accessibility Plan for access at your event by individuals with disabilities: �A f Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES' NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES KNO Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm YES ' NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Please describe your plans to notify all residents, businesses and churches impacted by the event: uli�e c.),t -,0„-\-- .ecr-tL '' cat e Si „cd by 9 �.' 3©igrA l i4 V YES NO Any signs, banners, decorations, special lighting? If YES, please describe: -CAA Q Pelf- ,n S i cc a (e o..ou cc-vs.� Revised 10/3/01 Event: Y'or Office Me Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? KYes (proceed to Question 2) No (Please sign the form and submit it with the TUP application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization S K; ✓t Fcv-VC' C k a ', Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) y , No (Please sign the form and submit it with the TUP ppllcation) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Question 5) 6. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service dub, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. kNo (Please proceed to Question 7) Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CD G) funding? Yes Year funds were received: Funds were used too No ( lease sign the form and submit it with the TUP Application) Signature ate 9 City of ationai City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization J Person in Charge F 0T-K\ f Activity cJ kGO v1 1,0 Address j`g--) ccS I\,%c.a,A Ci Telephone 1-7 - 1-1-1 ‘ 3 Date(s) of Use pen' 30 - M Z0 0 `+ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant C44IMtah Cf q o0; of Olfec-6CS- Official Title Date Tor Office Use Only Certificate of Insurance Approved Date 7 MEETING DATE April 20,7004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 26 (-ITEM TITLE TEMPORARY USE PERMIT - World Asthma Day Health Fair PREPARED BY, rs.o. liuti rrez 336-4210 DEPARTMENT Building and Safety EXPLANATION This event will take place in the Walmart Parking lot on May 4, 2004 from 3:00 p.m. to 6:00 p.m. The Lung Express from the American Lung Association, Healthy Steps and Radio Latino will be present to help conduct the event. Doctors, respiratory therapists, and pharmacists will be present to answer questions on asthma. Asthma devices will be displayed and information on how to use the devices will be provided. Screening for asthma will be available and results will be provided as well. Participants will educate the community with asthma information. An asthma report card will be provided for the San Diego County. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Council Policy #704. Environmental Review N/A Financial Statement The cost of processing the permit is $345.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Applica on for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A-200 (9.99) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Annroval. CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE PUBLIC WORKS POLICE CITY ATTORNEY RISK MANAGER PARKS & REC ENGINEERING FINANCE Respiratory Department Paradise Valley Hospital World Asthma Day Health Fair Tuesday, May 4, 2004 3:00 p.m. to 6:00 p.m. YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x ] NO [ ] YES [ ] NO [ ] CONDITIONS OF APPROVAL: SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] FIRE 336-4550 1. The Fire Department has no objection to this project given the information provided. 2. No fire department connections to hydrants, standpipes, etc. shall be blocked. 3. Canopies shall have a ten -foot separation between one canopy and the next. Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: 1-t Lr* Fair Demonstration Grand Opening 'kg Festival Commzi it�y Evenr 414, 4IL''.gam 1- Circus Block Party++ �iQ7 Other C 4 Event Date(s): From " (` to ibq Total Anticipated Attendance: Month/Day/Year ( ( Actual Event Hours: s am/ fftito (c`-r", "; am/pm Setup/assembly/construction Date: Participants) Spectators) Start time: �i-CO �� Please describe the scope of your setup/assembly work (specific details): e,U �5) {1F Dismantle Date: ` /°u Completion Time: 7:c. C9-! 'e � tom%+.,?.: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Address: Daytime Phone: (totcl) i7 (.s aci Evening Phone: (' ) 4 '1 C. �. .. Contact Person "on site" day of the event 11it l of ; For Profit IP• I Not -for -Profit Fax: (t Email k ;� r,'•,' • C t•, , -c; Pager/Cellular:Fr- v NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? YES ,( NO If YES, please explain the purpose and provide amount(s): YES NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. t,V \ LL -vi,i k,. 'i 4k 2- , !C_ 4)1 ai 1- h /A ,{4 l b I u j�n y lii,iJ \^ f $ ICY A 6"- 11 %\i)i. a C J P I 0 J' ' 'L 1 t _ ( ) c,.' 11;(1,,i,u 'io (evo. !% YES NO if the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES ✓ NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: YES / NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Departmen4 permit is required for tents or canopies. YES ✓ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: 1 v Alcoholic and Nonalcoholic Concession and/or Bbr Garden areas. a> Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ✓ Tables and Chairs ➢ Fencing, barriers and/or barricades ,tr-aouo • " i Generator locations and/or source of electricity S- Canopies or tent locations (include tent/canopy dimensions) • Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers • Other related event components not covered above d Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash dontainers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: YES 'NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES f NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. au.a�\ Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: `'. Please describe your plan for DISABLED PARKING: : .. C`�`,!.,:.,,;' � i €�✓L ii 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: %t-i're`l 0,4 V'.J` NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. UJtI2i +-hofl Raiura{ at' kAojriark — YES K NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES /NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES/ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/0'I gPN Event: For Office The Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building ca, Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. { ame of the sponsoring organizations Type of Organization (Service Club, Church, Social Service Agency, etc.)'' 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form, and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a . eath in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please pr,•vide an explanation and details. No (Pease proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular nonprofit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes Please provide an explanation and details. No (Pease proceeto Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ( lease sign the form and submit it with the TUP pplication) 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 20, 2004 AGENDA ITEM NO. 27 (-ITEM TITLE PREPARED BY Year End Audit Reports For Fiscal Year Ended June 30, 2003 Marylou Matienzo DEPARTMENT Finance x 4330 EXPLANATION Transmitted herewith is the City of National City's year end Audited Financial Statement for the fiscal year ended June 30, 2003, prepared by Caporicci & Larson, the City's external auditors. The auditors have conducted their examination of the combined financial statements — combining individual funds and account group financial statements in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditor's procedures as considered necessary in the circumstances. Environmental Review N/A Financial Statement Not applicable. Approved B y: )1,_,;a—, Finance Director Account No. STAFF RECOMMENDATION We recommend that Council receive and file report. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Year End Audited Financial Statement -Comprehensive Annual Financial Report A-200 (9/99) ITEM # 28 4/20/04 Discussion to request deposits for usage of park areas for parties. (Council initiated) Item # 29 4/20/04 Discussion regarding charging fees to residents when City crews need to remove items that have been abandoned in cases when we can prove ownership of the item (Council initiated) ITEM #30 4/20/04 SELECTION COMMITTEE FOR WEST NATIONAL CITY (COUNCIL INITIATED) ITEM #31 4/20/04 I am so pleased to have the City of National City willing to sponsor our SB621Tribal Gaming Funds Application. Attached are the timeline, the process and the blank application. Background — As you may know, under the Tribal -State Compact of 1999 the Indian Tribes operating Casinos agreed to contribute a portion of slot machine winnings to a Special Distribution Fund, for the mitigation of impacts that those Casinos have on the communities nearby them. Senate Bill 621, enacted in October 2003, created a grant program for a state-wide allocation from the Special Distribution Fund, becoming law on January lst. The San Diego Board of Supervisors appointed a seven -member Local Community Benefit Committee (LCBC) to oversee the grant program, and grant applications and guidelines were released on March 23rd. The grant program must distribute $4.2 million in San Diego County before June 30, 2004. As you can see, the grant program is operating on a very accelerated schedule. Here is an overview of what is involved with the application: * We are taking full responsibility for preparing and writing the application, with information, review and approval by the City. The application will seek a grant in the $100,000 to $250,000 range for the development of and enhancement of expanded Emergency Department facilities at Paradise Valley Hospital. * The City must submit the application on behalf of the hospital. * The application must be delivered to the LCBC by April 23rd. * Formal sponsorship of the application by the Sycuan Tribe is required. Trisha Brereton President Paradise Valley Hospital Foundation 4/13/2004 County of San Diego Indian Gaming Local Community Benefit Committee (IGLCBC) Time Frame Board of Supervisors Appointments 03/16/2004 Posting of First Meeting of IGLCBC 03/17/2004 First Meeting of IGLCBC 03/22/2004 Applications Formally Released 03/23/2004 Deadline to Submit Grant Application and Project Information to IGLCBC 04/23/2004 Deadline for IGLCBC to Send Grant Applications to Tribes 04/26/2004 Deadline for Tribes to Submit Letters of Support for Projects to IGLCBC 05/17/2004 Posting of Second Meeting of IGLCBC 05/21/2004 Deadline for IGLCBC to Select Grant Recipients 05/26/2004 Deadline for IGLCBC to Submit List of Recommended Projects to State Controller's Office 06/01/2004 Deadline for State Award of Grant Funding to Recipients 06/30/2004 Deadline for County to Provide Annual Report to Legislature Detailing Specific Projects Funded by all Grants 04/01/2005 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE Application For FY 2004-2005 Grant Pursuant to SB 621, for a project to be selected for funding, the Tribe from whose account the project would be funded must sponsor the project. To sponsor a project, the Tribe is required to confirm that the grant application has a reasonable relationship to a casino impact and find that it satisfies at least one of the priorities listed in Section E of the Application Form. It is anticipated that the Indian Gaming Local Community Benefit Committee will select the projects to be funded at the end of May 2004 and State Controller's Office will allocate the money to grant recipients by June 30, 2004. Please note that this year, the only grant requests that will be considered will be for projects that can be initiated soon after funding is allocated. Additionally, due to the uncertainty of subsequent year funding, only grant requests that do not rely on multiple -year funding, will be considered. If you have any questions, please contact Mr. Joseph DeStefano, County of San Diego, at (858) 694-3692. SB 621 Grant Application Page 2 of 2 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE Application For FY 2004-2005 Grant A. Name of Jurisdiction: B. Mailing address of jurisdiction: C. Name of Project: D. Impacts are associated with which casino(s)? E. The following uses are the priorities for receipt of grant money. Please check the priority(ies) the project satisfies: Law Enforcement Fire Services Emergency Medical Services Environmental Impacts Water Supplies Waste Disposal Behavioral Health Public Health Planning and adjacent land uses Roads Recreation and Youth Programs Child Care Programs F. On a separate sheet(s) of paper, please provide the following: 1) A complete description of the project; 2) A discussion of the impacts on your jurisdiction associated with the particular casino(s) from which account(s) the project would be funded; and 3) An explanation of how the proposed project will mitigate impacts of casino(s). 2 SB 621 Grant Application Page 3 of 3 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE Application For FY 2004-2005 Grant G. Type of grant for which you are applying: (60% Nexus or 20% non -Nexus) 1. 60% Nexus Grant Please circle the letters that apply: (A minimum of two nexus criteria must be met) a. City or County borders the tribal land on all sides; b. City or County partially borders tribal land; c. City or County maintains a highway or road that is predominant access to a casino that is located within 3 miles; d. All or part of the City or County is located within 4 miles of the casino. 2. 20% Non -Nexus Grant2 These "20% Non -Nexus Grants" are intended for local jurisdictions impacted by casinos of tribes paying into the Special Distribution Fund3. 3. 20% Non -Nexus Grant2 These "20% Non -Nexus Grants" are intended for local jurisdictions impacted by casinos of tribes NOT paying into the Special Distribution Fund and for assistance to jurisdictions for one-time large capital projects. For Cities and Counties, only. Grants awarded as follows: 50% awarded (on a pro-rata basis) to jurisdictions meeting all 4 nexus test criteria; 30% awarded to jurisdictions that meet 3 of the nexus test criteria; and 20% awarded to jurisdictions that meet 2 of the nexus test criteria. 2 For Cities, Counties and Special Districts 3 Barona Band of Mission Indians; Sycuan Band of the Kumeyaay Nation; and/or Viejas Band of Kumeyaay Indians 4 Campo Band of Mission Indians; Pala Band of Mission Indians; Pauma/Yuima Band of Mission Indians; Rincon San Luiseno Band of Mission Indians; and/or San Pasqual Band of Mission Indians 3 SB 621 Grant Application Page 4 of 4 INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE Application For FY 2004-2005 Grant H. What is the project 's time frame? Amount of funding requested through this application: $ J. What will be the total cost of the project? $ K. Name other sources of funding, if any, that will be contributed to the project and the amount provided by each source: L. On a separate sheet) of paper, please describe how you intend to meet the requirement of SB 621 that grant recipients must provide notice to the public, either through a slogan, signage or other mechanism, which states that the project has received funding from the Indian Gaming Special Distribution Fund and further identifies the particular Individual Tribal Casino Account from which the grant derives. Please send or deliver four (4) copies of the completed application by April 23, 2004, to: County of San Diego, Chief Administrative Office, Attn. Ms. Ellen Wu, 1600 Pacific Highway, Room 212, San Diego, CA 92101. One copy will be kept on file and one copy will be sent to each of the Tribes that pay into the Special Distribution Fund. Submitted by: Title: (Authorized Signature) Date: , 2004 CONTACT PERSON: Name: Phone: Fax: E-mail Address: 4 San Diego County Indian Gaming Local Community Benefit Committee (IGLCBC) SB 621 Tribal Gaming Grant Application Process and Procedures I. The Indian Gaming Local Community Benefit Committee (Committee) will formally release grant applications on March 23, 2004. Jurisdictions will be allowed to submit applications until April 23, 2004. Applications may be obtained by calling Ellen Wu, Chief Administrative Office, at (619) 531-6256 or through the Committee's website, which will be operational on March 17, 2004: http://w ww.sdcounty.ca.gov/dplu/icgc/index.html II. Eligible jurisdictions shall submit four (4) copies of completed applications, with authorized signature, to the address listed on the Application Form, by March 22, 2004. One copy will be kept on file and one copy will be sent to each of the Tribes that pay into the Special Distribution Fund. III. Guidelines for applicants, supplemental information and agendas for Committee meetings are available on the Committee's website. IV. The Barona, Sycuan and Viejas tribal governments will review the applications and determine their reasonable relationship to casino impacts. They are also responsible for certifying that an application satisfies at least one of the priorities identified in SB 621 (Government Code § 12715 (g)) and Section E of the Application Form. The Tribal governments will forward a list of the applications they will sponsor to the Committee by May 17, 2004. V. On or about May 26, 2004, the Committee will review the applications the Tribes have agreed to sponsor; assess the eligibility of each jurisdiction applying for grant funds; determine the appropriate amount for reimbursement of the costs incurred by the County to administer the grant program; and select projects for funding. VI. Upon approval by the Committee, the list of projects approved for funding will be immediately transmitted to the State Controller. VII. The State Controller will disburse funds directly to the local government jurisdictions whose grant applications were selected by the Committee. March 2004 Page 1 San Diego County Indian Gaming Local Community Benefit Committee (IGLCBC) Application Provisions and Guidelines The Indian Gaming Special Distribution Fund Grant Program has been created for local government agencies impacted by tribal gaming. When describing the impacts associated with tribal casinos, it is important to note that this question does not pertain to impacts of Tribal uses not related to gaming. Please note, also, that the Tribal government from whose account the grant would be funded must confirm that the proposed project has a reasonable relationship to casino impacts. II. The applicants will determine the type of grant for which they are eligible (60% Nexus, or either of two 20% Non -Nexus Grantsi), and indicate accordingly on the Application Form. III. Only cities and the county are eligible to apply for the 60% Nexus grant. The applicant must indicate the nexus criteria the jurisdiction meets. Note that a minimum of two nexus criteria is required to be eligible for a Nexus Grant. IV. The amount of SB 621 grant funding requested for the project through the application must be listed. V. The signature at the bottom of the application should be that of the individual who has been authorized by the local jurisdiction's governing body to represent the agency. VII. The contact person listed should be the individual most kno wledgeable about the project and authorized to discuss all aspects of the project. VIII. The total cost of the project should include costs funded by other sources and the total funding requested through this application. i See the reference material attached to this document for an explanation of nexus and non -nexus grants. March 2004 Page 2 San Diego County Indian Gaming Local Community Benefit Committee (IGLCBC) Reference Material Definition of Terms County Tribal Casino Account — An account consisting of all monies paid by tribes of that county into the Indian Gaming Special Distribution Fund, after deduction of the amounts appropriated to the priorities specified in Section 12012.85 of SB 621. Individual Tribal Casino Accounts — An account for each individual Tribal casino that has paid money into the Indian Gaming Special Distribution Fund. The individual Tribal casino accounts shall be funded in proportion to the amount that the individual Tribe paid into the Indian Gaming Special Distribution Fund. Local Jurisdiction — Any city, county, or special district. Local Government Jurisdiction — Any city or county. A. Nexus Grants Sixty percent (60%) of each Individual Tribal Casino Account is available for nexus grants to cities and counties impacted by the gaming facilities of Tribes that pay into the Special Distribution Fund (SDF), based on a four -part nexus test. San Diego County Tribes paying into the SDF include: Barona, Sycuan and Vielas. The nexus test is based on the geographical proximity of a Local Government Jurisdiction to Tribal land upon which a Tribal casino is located, and is used to determine priority for grants, pursuant to the following criteria: a. City or County borders the Tribal land on all sides; b. City or County partially borders Tribal land; c. City or County maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; d. All or part of the City or County is located within 4 miles of the casino. ✓ Fifty percent (50%) shall be awarded to local government jurisdictions meeting all four of the nexus test criteria; ✓ Thirty percent (30%) awarded to jurisdictions that meet three of the nexus test criteria; ✓ Twenty percent (20%) awarded to jurisdictions that meet two of the nexus test criteria. March 2004 Page 3 San Diego County Indian Gaming Local Community Benefit Committee (IGLCBC) B. Non -Nexus Grants — Paying Casinos Twenty percent (20%) of each Individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are paying into San Diego County Indian Gaming Local Community Benefit Committee (IGLCBC) the SDF (three Tribes noted above). These discretionary grants will be made available to all local jurisdictions in the County, irrespective of any geographical nexus. C. Non -Nexus Grants — Non-Payinq Casinos Twenty percent (20%) of each Individual Tribal Casino Account is available for discretionary grants to local jurisdictions impacted by Tribes that are not paying into the SDF. In San Diego County, these Tribes are: Campo, La Jolla, Pala, Pauma, Rincon and San Pasqual. These grants will be made available to local jurisdictions in the County, irrespective of any nexus to impacts from any particular Tribal casino, and irrespective of whether the impacts are from a Tribal casino that is not paying into the Indian Gaming Special Distribution Fund. Grants awarded are limited to addressing service -oriented impacts and providing assistance with one-time large capital projects related to Indian gaming impacts. Special Notes A grant may not be made for any purpose that would support or fund, either directly or indirectly, any e ffort related to opposition or challenge of Indian gaming in the State, and, to the extent any awarded grant funds are used for any prohibited purpose by any local government, upon notice given to the County by any Tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any funds unspent shall be made available for qualified nexus grants. II. A local government jurisdiction that is a recipient of a grant from an Individual County Tribal Casino Account or a County Tribal Casino Account shall provide notice to the public, either through a slogan, signage, or other mechanism, stating that the local government project has received funding from the Indian Gaming Special Distribution Fund and further identifies the particular Individual Tribal Casino Account from which the grant was derived. March 2004 Page 4