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HomeMy WebLinkAbout2004 10-19 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — October 19, 2004 - 6:00 P.M. 1 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 Inzunza 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. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. 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 10/19/04 PAGE 2 PRESENTATIONS Employee of the Month Program — Joe Grijalva, Graffiti Removal Technician Technology Presentation — MIS Dept. PROCLAMATION Proclaiming the day of October 5, 2004 as: "NATIONAL SCHOOL LUNCH PROGRAM 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 the minutes of the regular City Council meeting of October 5, 2004. 2. 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) Resolution of the City Of National City approving Change Order Number Three with Jaynes Corporation for the Library Construction Project which includes nine various requested or required structural, design, and document modifications to the plans and specifications for the project in the total amount of $22,604, and authorizing the Acting Director of Public works/Engineering to sign the change order. (Public Works/Engineering) 4. Resolution of the City of National City approving Change Order Number Eight with Marcotte and Hearne Builders for the fire station construction project which includes three various requested or required design modifications to the plans and specifications for the project in the total amount of $6,254, and authorizing the Acting Director of Public Works/Engineering to sign the change order. (Public Works/Engineering) CONSENT CALENDAR (Cont.) COUNCIL AGENDA 10/19/04 PAGE 3 5. Resolution approving a Planned Development Permit for a second residential unit on a 10,500 square foot property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Case File No. PD-2003-3) (Planning) 6. Resolution of the City Council of the City of National City authorizing staff to invoke Section 17, Extension for a one-year extension of the City's Ambulance Services Agreement with American Medical Response. (Fire) 7. Resolution of the City Council authorizing the Mayor to execute a 60-day extension to an Agreement with the Metropolitan Transit Development Board for administration of taxicab and other for -hire vehicle regulations. (City Attorney) **Refer to Item #21 Resolution authorizing the Police Department to waive the bid process for three BMW police motorcycles and one D.U.I. trailer for the Traffic Division of the Police Department, using Office of Traffic Safety Grant Funds in the amount of $109,191. (Police) 9. WARRANT REGISTER NO. 13 (Finance) Ratification pf Demands in the amount of $1,053,872.23. 10. WARRANT REGISTER NO. 14 (Finance) Ratification of Demands in the amount of $1,978.338.90. PUBLIC HEARINGS 11. Continued Public Hearing — Variance for a reduced front yard setback for an addition to a single-family residence at 304 East 27th Street. (Applicant: Raul Salinas) (Case File Z-2004-7) (Planning) 12. Public Hearing regarding appropriation of FY 2004 Local Law Enforcement Block Funds for the amount of $38,138. Funds to be used to upgrade Computer Aided Dispatch (CAD), purchase field laptops (3) and add a California Law Enforcement Teletype System (CLETS) terminal in the officer's report room. (Police) *Refer to Item #15 COUNCIL AGENDA 10/19/04 PAGE 4 NON CONSENT RESOLUTIONS 13. Resolution of the City Council of National City authorizing the recruitment and retention of limited -term Traffic Engineer on a full-time basis and authorizing $80,000 from the general fund reserve to be used for this purpose. (Public Works/Engineering) 14. Resolution of the City Council of the City of National City supporting Proposition A on the November 2004 General Election Ballot extending the San Diego County Transnet Sales and Use Tax - in its current form expires in 2008 - which will provide National City approximately $2,000,000 annually to perform street reconstruction and roadway storm drainage projects. (Public Works/Engineering) 15. Resolution authorizing appropriation of FY 2004 Local Law Enforcement Block Grant Funds for the amount of $38,138 to be used to upgrade Computer Aided Dispatch (CAD), purchase field laptops (3) and add a California Law Enforcement Teletype System (CLETS) terminal in the officer's report room. (Police) *Refer to Item #12 16. Resolution of the City Council of the City of National City proclaiming a state of emergency due to severe shortage of affordable housing in National City. (City Attorney) ORDINANCE FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.19 pertaining to seizure and forfeiture of public nuisance vehicles. (City Attorney) ORDINANCE FOR ADOPTION 18. Ordinance of the City Council amending the National City Municipal Code by amending Chapter 10.20 pertaining to abatement on premises used for illegal drug activity, gang activity or the sale or display of drug paraphernalia. (City Attorney) COUNCIL AGENDA 10/19/04 PAGE 5 OLD BUSINESS 19. Citywide radio system: Discussion of funding mechanism to acquire a $2.4 million public safety and all departments City radio system. (Police) 20. Approval and issuance of written report pertaining to a moratorium ordinance on the establishment of check cashing and payday advance businesses. (City Attorney) 21. Regulation and licensing of paratransit vehicles, including jitneys, charter vehicles, low speed vehicles and non -emergency medical vehicles. (City Attorney) **Refer to Item #7 NEW BUSINESS 22. Discussion by the City Council regarding removing additive alternative Alley #11, south of Fourth Street between Highland Avenue and I Avenue, from the National City Alley Improvement Project and including as the alternate Alley #99 — north of 24tn Street between F Street and Highland Avenue to the project, to be constructed if budgeted funding permits. (Public Works/Engineering) 23. Consolidated Cash and Investment Report as of July 31, 2004. (Finance) 24. Status report on enhanced communication and outreach efforts for public meetings and notice of funding request for $13,000 to install required posting facilities at City Hall. (City Clerk) 25. Request to keep the National City Municipal Pool open from November 2004 through February 2005. (Community Services) 26. Temporary Use Permit — Seafood City Supermarket -Fiesta Filipino -Mexican Grand Karaoke Competition. November 20, 2004, 10 a.m. to 10 p.m. at Seafood City. (Building & Safety) 27. Temporary Use Permit — Cornerstone Church — Harvest Fest 2004 Festival on October 31, 2004 at 1920 Sweetwater Rd. (Building & Safety) COUNCIL AGENDA 10/19/04 PAGE 6 WRITTEN COMMUNICATIONS 28. Letter from Adventures in Computing recognizing Jeff Servatius for his good work. STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel -Anticipated Litigation Initiated of Litigation pursuant to Government Code Section 54956.9 (c) (One potential case) Next Regular City Council Meeting — Tuesday — November 16, 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 -m City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM October 5, 2004 TO FROM SUBJECT Park Morse, Assistant City Manager Alfredo J. Lopez III, Director of Human EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee selected by the Building & Safety Department to be recognized for the month of October 2004 is Joe Grijalva, Graffiti Removal Technician (nomination attached). Mr. Grijalva has been invited to attend the Council meeting on Tuesday, October 19, 2004, to be recognized for his achievements and service. Attachment (1) xc: Department Director Joe Grijalva Councilmember Natividad Special Asst to the Mayor AJ L: Im Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award Nomination Form N I nominate Joe Grijalva for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (Le., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do not exceed 150 total words. Pease be as specific as possible when giving your examples. Joe has been removing graffiti in the City for 8 years as the Graffiti Removal Technician. Every day Joe gets to work before most of the residents have heard their alarms ring. He begins his day by driving his graffiti truck up and down the major business streets such as Highland and Plaza removing the graffiti from the night before. Many of the business owners and residents will never see graffiti on the major streets as it will be gone before they begin their day. After the business areas have been cleaned Joe moves on to the residential areas and to the residents phone calls to the graffiti hot line. Every Friday he devotes his day to the parks making them a pleasant place for the residents to enjoy on the weekends. Joe's work has made a positive impact on the image of the City. Joe is a hard worker and is dedicated to his job. Until recently when the Department hired a second graffiti worker Joe worked overtime on Saturday and was so dedicated to his job that he would not take vacations over two days in length because of his concern for the impact his absence would have on the residents of the City. Recently, one resident stated that he did not need to call the hotline because he knew that Joe would be there to clean up the graffiti the next day. �. Kam..--•�'-c.ra` !.5 .�.. Proclamation WHEREAS, the National School Lunch Program has served our nation admirably for 58 years through advanced practices and nutrition education; and WHEREAS, the National School Lunch Program has been joined through the years by many oter excellent child feeding programs; and there is evidence of continued need for nutrition education and awareness of the value of school nutrition programs; and WIIEREAS, the National School Lunch Program has educated students and parents to become more aware of eating healthier food products at home; and THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim the day of October 5, 2004 as: NATIONAL SCHOOL LUNCH PROGRAM DAY We call upon all citizens of National City to recognize the National School Lunch Program for their dedication and contributions to the community, especially our youth. Frank Parra Vice Mayor Fideles Ungab,—" Councilmember Ron Morrison Cou- lmember ITEM #1 10/16/04 Approval of the minutes of the Regular City Council Meeting of October 5, 2004. ITEM #2 10/19/04 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 .,EETING DATE October 19, 2004 AGENDA ITEM NO. 3 ITEM TITLE A Resolution of the City of National City approving change order number three with Jaynes Corporation for the Library Construction Project which includes nine various requested or required structural, design, and document modifications to the plans and specifications for the project in the total amount of $22,604, and authorizing the Acting Director of Public Works/Engineering to sign the change order PREPARED BY Stephen Kirkpatrick DEPARTMENT EXPLANATION 336-4383 Public Works/Engineering There are nine components to this change order. Each component, along with the reason the change is necessary, is listed on the following page. CEnvironmental Review X N/A Financial Statement [ / 1 Change order number three is for $22,604. Funds are budgeted for theproved By: l/� 'lSL change orders in the project account numbers 241-409-500-598-1583 and 242-409-500-598-VY 9rArchange order is in accordance with the state grant requirements and therefore 65% of the increased cost will be paid by the grant. Account No. STAFF RECOMMENDATION Adopt the Resolution approving the change order and authorizing the Acting Director to sign the change order. BOARD / COMMISSION RE MMENDATION N/A - ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Change Order Number Three A-200 19. 99) EXPLANATION: REASON FOR CHANGE: 1. ASI #5-5.2: Modify Building Retaining Wall, Added rebar, Slab Dowels and increase wall thickness. This modification was a result of re-evaluating the structural integrity of the retaining wall system as it relates to the perimeter backfill retaining requirements and to add required slab dowels that were not originally detailed into the overall initial design. The added curtain of wall reinforcement was added to accommodate the added wall thickness. 2. CCD #001: Reinforcing Steel revisions for Step For Steel Column. This modification resulted from the Step Footing detail provided in the original plans did not fully accommodate for the actual field condition. The column pedestal required needed to be extended in height, re -sized to an 18"x18" pedestal and upsizing of the vertical reinforcing steel bars to conform with the revised pedestal design. 3. CCD #002: Revised Brace Frame at Column Line 6.3. This modification was required due to the fact that the original design of the Brace Frame location conflicted with the necessary height/head clearances for the stairway door openings. 4. PR #002: Modify Footing at X1 Line to receive Exterior Wall. This modification was required to receive exterior wall. The footing, as originally designed, was not designed for this. 5. ASI #008: Revised Layout for Caisson Horizontal Control Points. This revision was required as a result of incorrect information provided on the original plans as to the overall layout and location of the referenced Control Points. The costs included in this request are the added costs expended by the Contractor to work and re -work supplemental information and coordinate layout provided by the architect in order to locate the correct location/layout. 6. COR #011: Submittal Review Anchor Bolt Revisions. This change order request was a result of changes and revisions that were generated by the project designers during the course of the shop drawing submittal review. 7. COR #015: Children's Shelving Revisions per February 25, 2004 FF&E Meeting. This change was a resultant from a meeting between the project designers and the City of National City in February 04. It was decided that the shelving depth in the Children's area would need to be 11" deep as opposed to the originally designed 9". 8. COR #017: Modification to Main Electrical Feeds to Building per SDG&E. This modification was required after a meeting with SGG&E that specific code compliant Requirements had inadvertently been excluded from the original electrical design for the project. 9. COR #021: Bid Documents Deposit Refund for Successful Subcontractors. This change request is for the refund to all successful project bidders who's deposit checks were inadvertently processed and cashed by the City of National City. By agreement, the successful bidders were to have had their deposit checks returned. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE CHANGE ORDER NO. 3 WITH JAYNES CORPORATION IN THE AMOUNT OF $22,604 FOR THE NATIONAL CITY LIBRARY CONSTRUCTION PROJECT (Engineering Specification No. 1028) WHEREAS, the contract for the Library Construction Project was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004- 19; and WHEREAS, Change Order No. 3 consists of nine various requested or required structural, design, and document modifications to the plans and specifications for the project, in the total amount of $22,604. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to execute Change Order No. 3 with Jaynes Corporation in the amount of $22,604 for nine various requested or required structural, design, and document modifications to the plans and specifications for the project. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 8530 La Mesa Blvd. Suite 306 La Mesa, California 91941 C/O Number. C/O Initiation Date: Project 003 September 3, 2004 National City Public Library Contract No.: 1028 A Change Order is hereby recommended for the following work in the amount identified in this document DESCRIPTION OF CHANGE: 1. ASI #5-5.2: thickness 2 CCD #001: 3. CCD #002: 4. PR #002• 5. ASI #008: 6. COR #011: 7. COR #015: 8. COR #017: 9. COR #021: Modify Building Retaining Wall, Added rebar, Slab Dowels and increase wall $ 3,958.00 Reinforcing Steel revisions for Step For Steel Column $ 532.00 Revised Brace Frame at Line 6.3 .$1, f100 Modify Footing at X1 Line to receive Exterior Wall $ 332.00 Revised Layout for Caisson Horizontal Control Points $ 1,516.00 Submittal Review Anchor Bolt Revisions $ 1,171.00 Children's Shelving Revisions per February 25, 2004 FF&E Meeting $ 4,429.00 Modification to Main Electrical Feeds to Building per SDG&E .$ 6,166.00 Bid Documents Deposit Refund for Successful Subcontractors $ 3,7.50.00 REASON FOR CHANGE: Required Structural, Electrical and Shelving Additions/Modifications and Revisions. Refund of Bid Document deposits for successful subcontractors. COST RECONCILIATION: Twenty Two Thousand, Six Hundred and Four Dollars: $ 22,604.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount Net change by previously authorized Change Orders Revised Contract Amount due to previous Change Orders With this Change Order request the Contract amount increases by New Revised Contract Amount Change in Contract Tim Contract Completion Recom)(en, ed for l-f CONSTR (0) Calendar days April 30, 2005 vaal by: 4 If AGER / deb, inc. er JECr AR CHI C'T REPRESENTATIVE Gregory Ny; President (C.A.L) CTOR/ Jaynes Corporation hen; Senior Vice President OWNER/ City Of National City $ 11,476,444.00 .$ 36,545.00 $11,512,989 00 .$ 22,604.00 $ 11,535,593.00 r L / "4/gy DATE DATE DATE Steve Kirkpatrick; Director of Public Works/City Engineer Distribution: City Of National City (original w/all documentation) Jaynes Corporation (copy w/all documentation) DEB, Inc. (copy w/all documentation) Carrier Johnson Architecture (copy w/all documentation) I DATE CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 8530 La Mesa Blvd. Suite 306 La Mesa, California 91941 C/O Number: C/O Initiation Date: Project: Contract No.: 003 September 3, 2004 National City Public Library 1028 REASON FOR CHANGE: 1. ASI #5-5.2: Modify Building Retaining Wall, Added rebar, Slab Dowels and increase wall thickness. This modification was a result of re-evaluating the structural integrity of the retaining wall system as it relates to the perimeter backfill retaining requirements and to add required slab dowels that were not originally detailed into the overall initial design. The added curtain of wall reinforcement was added to accommodate the added wall thickness. 2. CCD #001: Reinforcing Steel revisions for Step For Steel Column. This modification resulted from the Step Footing detail provided in the original plans did not fully accommodate for the actual field condition. The column pedestal required needed to be extended in height, re -sized to an 18"x18" pedestal and upsizing of the vertical reinforcing steel bars to conform with the revised pedestal design. 3. CCD #002: Revised Brace Frame at Column Line 6.3. This modification was required due to the fact that the original design of the Brace Frame location conflicted with the necessary height/head clearances for the stairway door openings. 4. PR #002: Modify Footing at X1 Line to receive Exterior Wall. This modification was required to receive exterior wall. The footing, as originally designed, was not designed for this. 5. ASI #008: Revised Layout for Caisson Horizontal Control Points. This revision was required as a result of incorrect information provided on the original plans as to the overall layout and location of the referenced Control Points. The costs included in this request are the added costs expended by the Contractor to work and re -work supplemental information and coordinate layout provided by the architect in order to locate the correct location/layout. 6. COR #011: Submittal Review Anchor Bolt Revisions. This change order request was a result of changes and revisions that were generated by the project designers during the course of the shop drawing submittal review. 7. COR #015: Children's Shelving Revisions per February 25, 2004 FF&E Meeting. This change was a resultant from a meeting between the project designers and the City of National City in February 04. It was decided that the shelving depth in the Children's area would need to be 11" deep as opposed to the originally designed 9". 8. COR #017: Modification to Main Electrical Feeds to Building per SDG&E. This modification was required after a meeting with SGGGF that specific code compliant Requirements had inadvertently been excluded from the original electrical design for the project. 9. COR #021: Bid Documents Deposit Refund for Successful Subcontractors. This change request is for the refund to all successful project bidders who's deposit checks were inadvertently processed and cashed by the City of National City. By agreement, the successful bidders were to have had their deposit checks returned. Z The detail on this item is available in the City Clerk's Office. cETING DATE City of National City, California COUNCIL AGENDA STATEMENT Octnher 19, 2004 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City of National City approving change order number eight with Marcotte and Hearne Builders for the Fire Station Construction Project which includes three various requested or required design modifications to the plans and specifications for the project in the total amount of $6,254, and authorizing the Acting Director of Public Works/Engineering to sign the change order PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4383 DEPARTMENT Public Works/Engineering 1. Adds an electrical outlet at the vehicle extraction training area and two outlets in the exterior storage closet in approximately the center of the training area as requested by the Fire Department. It also adds a light to the elevator equipment room. The light was inadvertently left off the plans - $2,729. 2. Increases the size of the block used at the trash enclosure from 8" to 12" due to a size inconsistency discovered in the field - $238. 3. Adds a beam, post, joists, and rafters and all required hardware to support a roof overhang between gridline G and H. There was an inconsistency found by the framer between the architectural plans and the structural plans. In order to achieve the roof overhang contemplated by the architect this structural modification is necessary - $3,267. Each of these items is further described, including a complete breakdown of the costs, in the attached Change Order Number Eight. ( Environmental Review X N/A Financial Statement Approved By72 Change order number eight is for $6,254. Funds are budgeted for these change orders in the project account number 250-409-500-598-1588. inance Directo Account No. STAFF RECOMMENDATION Adopt the resolution approving the change order and authorizing the Acting Director of Public Works/ Engineering to sign the change order. BOARD / COMMISSION RECOMMENDA! ON N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order Number Eight A-200 i9.99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE CHANGE ORDER NO. 8 WITH MARCOTTE & HEARNES BUILDERS, INC. IN THE AMOUNT OF $6,254 FOR THE NATIONAL CITY FIRE DEPARTMENT CONSTRUCTION PROJECT (Engineering Specification No. 1029) WHEREAS, the contract for the National City Fire Department, Station 34 project was awarded to Marcotte & Heames Builders, Inc. on February 17, 2004, by the adoption of Resolution No. 2004-31; and WHEREAS, Change Order No. 8 consists of three various requested or required structural, design, and document modifications to the plans and specifications for the project, in the total amount of $6,254. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to execute Change Order No. 8 with Marcotte & Heames Builders, Inc. in the amount of $6,254 for three various requested or required structural, design, and document modifications to the plans and specifications for the project. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • CHANGE ORDER C/O Number: 8 TO (Contractor): Marcotte + Hearne Builders C/O Initiation Date: September 27, 2004 11696 Sorrento Valley Rd. Ste 200 Project: National City FireStation34 San Diego, CA 92121 Contract No.: 1029 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: 1. Added electrical outlet at vehicle extraction area, two additional outlets in exterior storage area and light fixture in elevator equipment room per ASI —17 [M+H COR 27] $ 2,749 2. Increased block size at trash enclosure from 8" CMU to 12" CMU per RFI 031 [M+H COR 31] $ 238 3. Added beam, post and joist to support roof overhang between gridline "G" and gridline "H" per ASI-24 [M+H COR 36] $ 3,267 Please note that all above change orders have been approved with zero day impacts to project schedule. • REASON FOR CHANGE: 1. The additional electrical outlets were requested by the Fire department and the light fixture was not shown on the plan and needed to be added. 2. The west wall of the trash enclosure was increased from 8" CMU to 12" CMU because west wall is part of wall "H" which is 12" CMU. 3. The plans did not show any the structural support for the roof overhang between gridline "G" and "H". COST RECONCILIATION: Costs were reviewed by the architect and CM and negotiated to the satisfaction of the City. Construction Contract Accounting Summary The original Contract Amount $6,974,585 Net change by previously authorized Change Orders $4E731 The Contract Amount prior to this Change Orders $7,020,316 With this Change Order request the Contract cost is increased by $6,254 New Contract Amount $7,026,570 Change in Contract Time: , 0 days Contract Completion Date: Recom co PR ended for Approval If Approved by: HIT ANAGER / R&S CT / Jeff Katz Architecture CONTRACTOR/ Marc tte and Hearne Buil OWNER/ City Of National City 1-7-8 •04- qz)w r/z44- DATE DATE DATE DATE T Distribution: City Of National City (original w/all documentation) MH Builders (copy w/all documentation) Rudolph and Sletten, Inc. (copy w/all documentation) Jeff Katz Architecture (copy w/all documentation) The detail on this item is available in the City Clerk's Office. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19, 2004 AGENDA ITEM NO. 5 ITEM TITLE Resolution Approving a Planned Development Permit for a Second Residential Unit on a 10,500 Square Foot Property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Case File No. PD-2003-3) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council voted to approve this item at the October 5, 2004 public hearing. The attached resolution is needed to follow through on the action. i Environmental Review X NIA Categorical Exemption MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below )• Approved By: Finance Director Account No. Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT ON A 10,500 SQUARE FOOT PROPERTY AT 1937 LANOITAN AVENUE APPLICANT: FELIPE RUELAS CASE FILE NO. PD-2003-3 WHEREAS, the City Council of the City of National City considered a Planned Development Permit for a second residential unit at a 10,500 square foot property at 1937 Lanoitan Avenue at a duly advertised public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. PD-2003-3, 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 law 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 that the testimony and evidence presented to the City Council at the public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and required off-street parking. 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 the proposed house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, and since the new house is similar to existing development in the area. Resolution No. 2004 — October 19, 2004 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will result in an increase in the housing stock in the City and region consistent with Housing Element objectives, which call for more housing development than has occurred in recent years. .Also, the proposed development will be suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a second residential unit on the rear of a lot with an existing single-family house. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. PD-2003-3, dated 3/29/2004. 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. The paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shall be modified to comply with the height limits in Title 18 of the National City Municipal Code. 5. The pitch of the roof on the new house shall match the pitch of the roof on the existing house on the property. 6. Two two -car garages shall be built; one shall serve the rear house and the other shall serve the existing house. 7 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. 8. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with a duration of two hours measured at 20 psi shall be provided. Resolution No. 2004 — October 19, 2004 Page Three 10. A grading and drainage 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 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 checklist for preparation of the grading and drainage plan is available at the Engineering Department. 11. 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. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 13. 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 and 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. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. 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. 17. 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. Resolution No. 2004 — October 19, 2004 Page Four 18. Before this 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the 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 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. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. 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 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 6 MEETING DATE 10/19/04 AGENDA ITEM NO. (-ITEM TITLE A Resolution of the City Council of the City of National City Authorizing Staff to Invoke Section 17, "Extension", for a one-year extension of the City's Ambulance Services Agreement with American Medical Response PREPARED BY Donald Condon, DEPARTMENT Battalion Chief, 336-4550 EXPLANATION Fire The City's Ambulance Services Agreement with American Medical Response (AMR) will expire on November 30, 2004. AMR, at no cost to the City, has been providing basic and advanced life support ambulance transportation to the City since October 1, 1987. As a continuous measure and to ensure that ambulance services to the City are not interrupted, Staff is requesting permission to invoke Section 17 entitled "Extension" of the agreement. This Section allows the City to unilaterally extend the Contract twice for one (1) year each period if needed. Each one (1) year extension requires the mutual consent of both parties to extend the Contract Term. Written notice of concurrent agreement to enact Section 17 for the one (1) year period beginning December 1, 2004 has been received from AMR. Environmental Review X NIA Financial Statement No financial impact; the Ambulance Services Agreement is a fee for service with no City revenue subsidy. Account No. STAFF RECOMMENDATION Authorize Staff to implement Section 17 of the AMR Ambulance Services Agreement to ensure the continued delivery of ambulance services to the Ci BOARD / COMMISSION RECOMMENDATION N/A ATT. vjo. ' "" Bauch ` • o itT's Fire Chief to invoke Section 17 e Ambulance Services Agreement with AMR. 2. Current Ambulance Services Agreement, Section 17, "Extension" (page 37). 3. Letter from AMR agreeing to extension. A-200 (9/80) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, on October 1, 1987, the City and Hartson Medical Services ("Hartson") entered into an agreement entitled "Agreement Between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services". Said Agreement has been assigned to Med-Trans, dba American Medical Response ("AMR"); and WHEREAS, the term of said Agreement was subsequently extended from time to time, with the current term of said Agreement to expire on November 30, 2004; and WHEREAS, the City and AMR now wish to extend the Agreement for an additional one-year period, pursuant to Section 17 of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a written notice extending the Agreement between the City of National City and AMR for Basic and Advanced Life Support Services, up to and including November 30, 2005. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney HARTSON shall furnish performance security in an amount of $25,000 in the, following form: A performance bond issued by a company, appropriately licensed and acceptable to CITY, provided that the language of such performance bond shall recognize and accept the requirement of immediate release of funds to CITY upon determination that HARTSON'S performance is dangerous to public health and safety, and recognizing that any legal dispute by HARTSON or the bonding company shall be initiated and resolved only after release of funds to CITY. 17. EXTENSION: CITY shall be entitled to order extension of service for a period of sixty (60) days after expiration of this Agreement by notifying HARTSON in writing at least thirty (30) days prior to expiration of this Agreement. CITY shall be entitled to order two (2) additional sixty (60) day periods of extension of service, for a maximum of 180 days of extension of service, providing that HARTSON is notified in writing at least thirty (30) days prior to the expiration of each period of extension and the parties agree on a reasonable interim compensation for said services. Service shall continue under the terms of this Agreement for the time specified in the notice, or notices, from CITY. 37 AMERICAN MEDICAL RESPONSE® August 25, 2004 Donald Condon, Acting Fire Chief National City Fire Department 1243 National City Blvd National City, CA 91950-4301 RE: Contract Extension Dear Chief Condon: RECEIVED E National City Fire Dept AUG 2 6 2004 AM PM 7,8,9,101114,1,2,3,4, 5,6, I am in receipt of your letter dated August 20, 2004 and, pursuant to Section 17 of the contract by and between the City of National City and American Medical Response (AMR), we concurrently agree to exercise the option to extend the contract for one (1) year beginning December 1, 2004. AMR is looking forward to the continuation of our partnership. Please do not hesitate to contact me directly is you have any questions, concerns or if AMR can be of any assistance to you and your department. Sincerely, • Michael Murphy Director of Operations AMR San Diego Our mission is to make a difference by caring for people in need. 8808 Balboa Ave., Suite 150, San Diego, CA 92123 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19. 2004 *REFER TO ITEM #21 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A 60-DAY EXTENSION TO AN AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS PREPARED BY George H. Eiser, III `i J EXPLANATION DEPARTMENT City Attorney EXT. 4221 At the September 7, 2004 workshop meeting, the City Council made a determination to have the licensing and regulation of taxicabs returned to the City from MTDB. The proposed resolution would extend the existing agreement with MTDB until December 31, 2004, to provide a period of transition for the change. CEnvironmental Review Financial Statement No financial impact. _ N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 60-DAY EXTENSION TO AN AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Transit Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003; and from June 30, 2003 through September 30, 2003; and from October 1, 2003 through December 31, 2003; and from January 1, 2004 through March 31, 2004; and from April 1, 2004 through June 30, 2004; from July 1, 2004 through September 30, 2004; and from September 30, 2004 through October 31, 2004; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through December 31, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney MEETING DATE 10/19/2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO WAIVE THE BID PROCESS FOR THREE BMW POLICE MOTORCYCLES AND ONE D.U.I. TRAILER FOR THE TRAFFIC DIVISON OF THE POLICE DEPARTMENT, USING OFFICE OF TRAFFIC SAFETY GRANT FUND IN THE UNT OF $109,191. PREPARED BY DEPARTMENT RANDY BISHOP PENU AUU, SERGEANT, TRAFFIC DIVISION AS IST. CH F OF POLICE EXPLANATION The National City Police Department has been awarded a grant from the Office of Traffic Safety in the amount of $109,191 to institute a comprehensive traffic safety campaign to compliment the Serious Traffic Offender Program (S.T.O.P.). The proposed project will focus on enforcement efforts in the areas of D.U.I., speeding and occupant safety. This grant allows for the purchase of three (3) police motorcycles, and (1) D.U.I. trailer to replace the three (3) aging police motorcycles and one (1) D.U.I. trailer. The old equipment will remain in the fleet for use by the Police Department and will be rotated out of service in the near future. The grant does not specifically cover the purchase of the wiring harnesses for the radios, approximately $1,200, however, there should be sufficient funds in the grant to reimburse the general fund account for the purchase of this equipment. Continued Environmental Review N/A Financial Statement No financial impact. 204-411-000-511-0000 Account No. STAFF RECOMMENDATION Approve Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) VENDOR QUOTES Resolution No. A-200 (9/80) Page 2 The motorcycles approved by this grant are a BMW brand. OTS prefers the BMW to other police motorcycles due to research conducted by the California Highway Patrol. CHP has signed a contract with BMW to use their motorcycles exclusively because of their safety features. There is one west coast supplier for the police BMW's — A & S BMW Motorcycles in Sacramento. A & S BMW quoted a price of $20,620.52 for each motorcycle and the Police Department is requesting "sole source" approval to purchase the motorcycles from this vendor. Also included in the grant is a D.U.I. Trailer. OTS referred the Police Department to Universal Trailers in Riverside, California for this purchase. OTS received quotes from other vendors but found Universal to offer good quality, value and service. The company has worked with several other law enforcement agencies in the past and has built numerous dedicated D.U.I. trailers. Other companies have been contacted but do not have the experience in this field and would not be able to match Universal's price or delivery schedule. The quote for the D.U.I. trailer is $20,750.50. The Police Department is requesting that the bidding requirements be waived and purchase the trailer through Universal Trailers. As per Purchasing Ordinance #1480, Section 12a(2) and (4), the bidding requirements can be waived when the item can be obtained from only one vendor, and/or when City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. Purchasing, Public Works and Finance have reviewed the recommendations and are in agreement with this proposal. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE DEPARTMENT TO WAIVE THE BID PROCESS FOR THREE BMW POLICE MOTORCYCLES AND ONE D.U.I. TRAILER FOR THE TRAFFIC DIVISION OF THE POLICE DEPARTMENT, USING OFFICE OF TRAFFIC SAFETY GRANT FUNDS WHEREAS, the National City Police Department has been awarded a grant from the Office of Traffic Safety ("OTS") to institute a comprehensive traffic safety campaign to compliment the Serious Traffic Offender Program (S.T.O.P.) that will focus on enforcement efforts in the areas of D.U.I., speeding and occupant safety; and WHEREAS, the OTS grant allows for the purchase of three police motorcycles and one D.U.I. trailer; and WHEREAS, the motorcycle approved by this grant is manufactured by BMW, and is used by the California Highway Patrol exclusively because of its safety features; and WHEREAS, A&S BMW Motorcycles in Sacramento is the only west coast supplier for the OTS approved police motorcycles; and WHEREAS, Section 2.60.220(B) of the National City Municipal Code provides that the Purchasing Agent may dispense with the requirements of bidding when the commodity can be obtained from only one vendor, and WHEREAS, OTS received quotes from vendors for D.U.I. trailers and referred the Police Department to Universal Trailers in Riverside for the purchase of the D.U.I. trailer because the company has worked with several other law enforcement agencies, has built numerous dedicated D.U.I. trailers, has more experience than other vendors in this field, and has better pricing and delivery service; and WHEREAS, Section 2.60.220(D) of the National City Municipal Code provides that the Purchasing Agent may dispense with the requirements of bidding when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity without compliance with the bidding procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves A&S BMW Motorcycles in Sacramento and Universal Trailers in Riverside as the vendors for three BMW police motorcycles and one D.U.I trailer, respectively, for the Traffic Division of the National City Police Department, using funds from the Office of Traffic Safety Grant. PASSED and ADOPTED this 19th day of October, 2004. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney 01/04/2004 12:05 9167210862 A&S BMW MOTORCYCLES PAGE 02 A & S BMW MOTORCYCLES 1125 A ORLANDO AVE. ROSEVILLE, CA. 95661 (916)726-7334 1/7/2004 BMW MOTORCYCLE 2004 MODEL R1150RT-P/CHP VERSION $16,275.00 NATIONAL CITY PD CODE 3 §IREN SPEAKER PARTS LABOR CODE 3 SIREN SPEAKER MOUNT $48.67 2 $3d.92 CODE 3 SIREN AMP INCL, CODE 3 SIREN HARNESS - MOTOROLA INCL. INCL. TRIPLE PTT W/SIREN SWITCH AMP 2X PLUG 539.6b $17.46 CODE 3 LED RED -FRONT 52.7574 8. CODE 3 LED BLUE -FRONT $1I CODE 3 LED PLASTIC HOUSING KITS INCL. INCL. CODE 3 LEO FRONT MOUNTING BRACKETS INCL CODE 3 LIGHTING HARNESS INCL. CODE 3 LED RED X 2 - SIDE CODE 3 LED SIDE MOUNTS INCL INCL CODE 3 LED BLUE DUPLEX --REAR INCL. CODE 3 LED AMBER DUPLEX -REAR CODE 3 LED BLUE -X 2 -RADIO BOX INCL. INCL. CODE 3 LED REAR LICENSE BRACKET -DUPLEX LIGHTS REAR LED BRAKE LIGHT INCL. _ POLICE NOTE PAD HOLDER INCL $.03 FLASHLIGHT/BATON HOLDER 85 PRO LASER 3 GUN HOLDER 106.4 $17.46 INSTALL AGENCY SUPPLIED RADIO HARNESS/PIT KIT $1NIC $.8 4 RADAR GUN POWER PLUG -FRONT N1C $694,9 $46.12 $34.92 LONG SPEAKER WIRE PAINT -YES WC THROTTLEMEISTER-YES N/C CONTROL HEAD VISOR N/G $6.84 FRONT PROTECTION BARSPACERS N/C CHP ANTENNA N/C CHP ANTENNA BRIDGE ($80,77) RIDER ORIENTATION(ONE BIKE ONLY) S$72.001 $150.00 $18,528.65 $342,06 FREIGHT $18,870.71 SUBTOTAL $285.32.3 TAX 7.75% $ 1,4620.d8 TIRE RECYCLING FEE S$ �z.00 BUYBACK AFTER 3 YRS OR 60,000 MILES $10,416.44 $20,620.52 TOTAL 2071 E. LA CADENA DRIVE RIVERSIDE, CA 92507 TEL: (909) 784-5176 FAX: (909) 784-5278 7'X12' 8' X 12' 8' X 14' 8' X 16' 8'X18' 8' X 20' MANUFACTURING - SALES - SERVICE CUSTOM DESIGN D.U. I. CHECK POINT TRAILER D.U. I. CHECK POINT TRAILER D.U. I. CHECK POINT TRAILER D.U. I. CHECK POINT TRAILER D.U. I. CHECK POINT TRAILER D.U. I. CHECK POINT TRAILER * 7,000 Watt Generac PRIMEPACT Generator Set-110 Power Pack with Spare Power *110 Volts Flourescent Lights (1 each) on 12' & 14' trailers, and (2 each) on 16'-20' trailers * (2 each) 12 Volt Flourescent Lights * (2 each) 110 Volt Interior Outlets * (2 each) 12 Volt DC Interior Outlets * (4) 500 watt Ultra bright lights with Power adjustor Power -Up Light Tower * 12 Volt (80 AMP) hour battery with battery charging system * DOT Approved Lighting Package * DUI Signs * 81" Interior height *Work Center with built-in Cabinet * Swing -up Rear Door * White Smooth Skin *Flags & Barricades * Vinyl Floor * Fender Flares JOHN KINSER Factory Representative Mobile 909-283-6149 $ 14,545.15 $ 15,247.43 $ 15,470.53 $ 15,693.63 $ 15, 849.80 $ 16, 367.78 * 30" Wide Side Entry Door * Tandem Axle with 4 Wheel Surge Braking System *Styled White Wheel & Tires, Load Matched to trailer's G.V.W. 16S "fesPridcb I/1T) ,4wc.Jl/i4 S t0 vr. S ttb L1-S . UP Went �.• ,D) 300 I739r *Stabilizing Rear Jacks DoG City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 05, 2004 AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #13 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo 619-336-4330 EXPLANATION Ratification of Warrant Register #13 per Government Section Code 37208. EXT. 1 CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Approved Bye Finance Director Account No. I recommend ratification of these warrants for a total of $ 1,053,872.23 OARD COMMIS N R MMEND TION ATTACHMENTS ( Listed Below ) 1. Warrant Register #13 2. Workers Comp Warrant Register dated 09/22/04 3. Payroll Warrant Register dated 09/22/04 Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19, 2004 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #14 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #14 per Government Section Code 37208. EXT. Environmental Review /A MIS Approval Financial Statement Not applicable. Approved By: m it for Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,978,338.90 BOARD / COMMISSION REC :MENDAT N ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #14 2. Workers Comp Warrant Register dated 09/29/04 A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19, 2004 AGENDA ITEM NO. 11 (-ITEM TITLE Continued Public Hearing — Variance for a Reduced Front Yard Setback for an Addition to a Single Family Residence at 304 East 27th Street (Applicant: Raul Salinas) (Case File Z-2004-7) PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION EXT. The City Council considered this project at the public hearing on October 5, 2004. Council continued the item asking that the applicant/property owner be present at the next meeting. The background report for the project is once again attached. ( Environmental Review Financial Statement N/A >STAFF RECOMMENDATION N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission. OAR / COMMISSION RECOMMENDATION The Planning Commission approved the Zone Variance. Ayes: Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent: Pruitt ATTACHMENTS ( Listed Below ) Previous City Council Report dated October 5, 2004 with attachments Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 2004 AGENDA ITEM NO. ITEM TITLE Public Hearing — Variance for a Reduced Front Yard Setback for an Addition to a Single Family Residence at 304 East 27th Street (Applicant: Raul Salinas) (Case File Z-2004-7) PREPARED BY LOP Roger Post:336-4310 Planning DEPARTMENT EXT. EXPLANATION The Planning Commission held a public hearing on this item at their August 16, 2004 meeting. The City Council set the matter for hearing on September 7, 2004 and expressed a concern that the size of the house may require additional parking. The attached background report describes the proposal in detail. 1 Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Zone Variance. Ayes: Carrillo, Saludares, Alvarado, Flores, \ Baca, Martinelli, Reynolds, Graham Absent: Pruitt ATTACHMENTS ( Listed Belo 1 Resolution No. 1. Background Report 5. Proposed Exemption 2. Planning Commission Resolution No. 30-2004 with Findings and Conditions for Approval. 6. Application 3. Location Map 7. Project Plans 4. Site Photographs A-200 (Rev. 7/03) BACKGROUND REPORT The project site is located at the southeast corner of East 27th Street and C Avenue in the RS-3-PD Zone. The 9,250 square foot flat, rectangular lot is larger than most others in the area, and is currently developed with a 1,512 square foot house. The house is single story, in good condition, and is built up to the minimum front yard setback. There is no garage, however, there is one parking space in the driveway and one at the side of house behind a gate. The property has no landscaping. There is a perimeter wall and fence between the neighboring properties to the east and to the south. The applicant submitted a building permit application for a two-story addition to the existing home back in July. This permit included an architectural projection that encroached 2 feet-10 inches into the 20-foot minimum front yard setback. Staff suggested at that time that the projection could be moved back to conform to the setback. The applicant stated that they wanted the current design as is and subsequently applied for the variance. The encroachment will be limited to a 2 foot-10 inch by 17-foot section (see attached plans), and forms a porch at the ground level and open interior space in the stairwell area on the second floor. The addition would double the size of the house to 3,000 square feet with six bedrooms overall. Three exist currently. The wall of the main house will be at the 20-foot front yard setback. A variance can be granted when findings are made that special circumstances (i.e. size, shape, topography, and location) exist on the property. The RS-3-PD zone requires a front yard setback of 20 feet. Options for architectural enhancement are limited, since the house is already built to the setback line on a larger than average lot. The section of encroachment provides architectural relief, and matches the proposed design of the other sides of house. Planning Commission held a hearing on this item on August 16, 2004. There was no public testimony at the hearing. The Planning Commission discussed the current appearance of the property, and voted to approve the Zone Variance finding that the addition, including the encroachment, enhanced the property's appearance, and added a condition that chainlink fencing be prohibited. No covered parking is existing or proposed by the applicant, although a large new concrete area at the rear of the house could be used for parking. The fact that the proposed addition doubles the size of the house to six bedrooms overall suggests additional inhabitants, possibly with additional vehicles. The home is currently nonconforming with regard to parking in that Land Use Code currently requires a minimum of two parking spaces in this zone; one covered space and one elsewhere on the property. Recommended Conditions of Approval for the Planning Commission report included requiring the construction of a 2-car garage as well as the landscaping of the property. Given the size of the proposed structure, it may be prudent to require additional parking over what is already recommended. This could be in the form of a third uncovered parking space to the rear of the home, or even a 3-car garage. There is room for either. RESOLUTION 30-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A REDUCED FRONT YARD SETBACK FOR AN ADDITION TO A SINGLE-FAMILY RESIDENCE AT 304 EAST 27TH STREET APPLICANT: RAUL SALINAS CASE FILE NO. Z-2004-7 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for a reduced front yard setback for an addition to a single-family residence at 304 East 27th Street at a duly advertised public hearing held on August 16, 2004 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2004-7, 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 law 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2004, support the following findings: 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the lot, which is developed with a single-family house built up to the minimum front yard setback, is larger than most lots in the area, and since the minor encroachment will result in greater architectural consistency with City Design Guidelines. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant .of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed addition minimally encroaches (48 square feet) into a large (1,320 square feet) front yard setback area, and since a large useable front and side yard will still be maintained. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family residential development is permitted in the RS-3-PD Zone. BE TT FURTHER RESOLVED that the application for Zone Variance -is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a two-story addition to an existing single-family residence, including a partially covered front porch below a portion of the proposed second floor addition that would extend' 2 feet-10 inches in front of the required setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. Z-2004-7, dated 7/1/2004. 2. 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. 3. A two -car garage shall be constructed on the property. The design shall comply with the National City Land Use Code and Design Guidelines. 4. 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. 5. Before this Zone Variance 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 Zone Variance. The applicant shall also submit evidence to 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 Zone Variance 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. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 6. Chainlink perimeter fencing is prohibited. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2004, by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: PROJECT LOCATION ZONE BOUNDARY • LOCATION MAP Zone Variance for a reduced front yard setback for a single-family residence at 304 East 27th Street. Sweetwater High School IC -OS 72` Z-2004-7 NATIONAL CITY PLANNING DRN. DATE 8/2/04 INITIAL HEARING: 8/16/04 Z-2004-7 304 East 27th Street Subject site from the front facing south Subject site from the side facing south Subject site from the rear facing northeast Subject site from the rear facing north 7 City of National City Planning 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: Z-2004-7 Project Location: 304 East 27th Street Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature. Purpose and Beneficiaries of Project: Zone Variance for the construction of a 2°d story addition to a single-family residence so that it will partially encroach 2 feet into the front yard setback Applicant: Raul Salinas 304 East 27th Street National City, CA 91950 Telephone Number: (619) 474-4896 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 3 Section 15305 (Minor Alterations in Land Use Limitations) ❑ Not a project as defined in Section 15332 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This variance is for an addition to an existing home that will minimally project into the front yard setback area. The home is a single-family residence in an urbanized residential area. Date: Martin Reeder Planning Technician NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number %-.— 2.00 t - 7 Filing Fee $ iSt/ - Receipt gNo. � Date Received I1r��"y/y By ,iv �r� E.A.F. Required 4/L Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY -MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) r©` gL-c tt L A- 5(. e- 55-or_-5- if'Gc.s-c CAL 5 o� -- / c'c L®� 2 58 c' o ,s gc); �✓� h rypn v—N 7 Cc y T--p `Z 3 v/ PROPERTY LOCATION 3 0 4 No. �T. T�< 57 c c4, ?`ram between ,-t; s and •4 ✓`1` COMBINED GENERAL PLAN/ZONING DESIGNATION %Z S— 3 Street Zone Variance Application Revised December, 1998 Page 1 of 4 5b1- �I REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): zLeDIL (fog O�I-i PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: l Name: Signature (Signature acknowledges that this application is being filed) ,G4,•4s�.e/o S�(ih s Signature (Signature acknowledges that this application is being filed) Address: 941 g. 7Z $% Address: . i e Phone No. 6%4 4- 4 f ?C Phone No. Fax No. Fax No. Date: 7 leA Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: /g 7 (Please type or print) - (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Signature: Address: -3o¢ : vZ 7 5/.= d/—C- C i �f5c Phone No. (6i7) 4' 2 4 Fax No. Date: 7- / - Arr2,e c- /5 c. (-7 c cfq - 2 83- 2Dtk Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written fmding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, 1998 Page 4 of 4 / -SALINAS RESIDENCE e ABREVIATIONS I I naGom..0 464a0 Je, ; 06cZ,..00; r; cane ii.C.C714C011,64 ia MC C.. 50.51.R Twol0r5£01.C.r, n I -I e GENERAL NOTES 1.. µ n 1 7890 LE 5- , I , , } 1, L. , I , EP,: 999.022214.5 min.! ne FOCK. 22507517lLEAR5,47 To5, ran., E7291.0.7 PATO...SIC:RCN CCCIURS, Ts AV TO rknriK OF 0,4 TIRAI. creli CRC., 00e01.7.51tYWCI.,. [WAWA. ;or 045115120125e C.CYCICIe P.1.0 rxliar-ABLE arra PE COrac,,iLla :0442(1 ALL od, 9,.119255r aulaos,, , n:Tu A00,0 E1,C0.5.t.,,1,,,T52 90cc Foucral,c !CC., ".;; 1 "9 :,,, ;e, • 1n,9025/ 7_2 , fr..CC SEC xacr olf. er, ME1,11,,15.1 , cArc. 5 112../00 LP, (.7CLC !AC CHEW,. ,cnr., MU SrAT COACAL . CC, nr-CrcA-CliTs 50(2*5211025111785=21-5555(9472022*02 `,f ArrePcmi re..Dix5 SOccr, WC, ..o.urcrccirce Ettcrcc,u_ r.,,LFAC,FICZ5 05SCCIAlicol 015111,,, CC TTla C41,51,57001. 000 007504501e. R757, , E,C.Cr,LAL 72422E51(2 STA/CACI, 2.02544(222 2C,011,C2(10ccritTiCfC, ,,erecen,ee; 0(22.122 57,,,,,C91.1,71.111re (AMU r-CC-C.PacAL A.G,,2100, 'Ens ,27E ,,,CePrArce Cr Ile 01,1, 02210145250100.0Ifl :CPC, callo 512Tre cc,,Cancl, 'WEN. 0,051,05045021AT7 rsonc, Art,,,Exu,575475., wAT 575,0 C.A.fr 5COON, fccr-c•Ccrc. no, ,,ARoTeRe AR, , .IRCP,Arc14 • • E10.2'=1&.010105l2.0l205(1000052 e PROJECT DATA SCOPE OF WORK R50704 0507E5 ,Roe;EL, ADITESS ,10F2 '.}21PRF SALO+45 10.3.0200TA 51550 0052,1171'E. 5.5..50WoR 004 5.1R50 500 Or 0:1002 00 50 FT EXISTING AREA 14 FLOOR 1500050 5' 101511.1.46ARE+ ,40 502220 IVA Va.OPO.AVI.,t FLOOR re,,, et .ROPOSED FLOOR L0.68.00 00 FT 571512510 CLARTA05 WA '0.1"AL 50, :70.77500 522 Pe-0 .15055050 ;, OUR APFT ee,f LOWYErk[2, cr,01.1.' 5-o.S.45.TBKR5 5 3;;;0 CAC CCD, 5 CONSULTANTS 20,0 DES,. 05(75 5,1010 VIEW CT 055455 2ET54540.5.55150 1.0024005e,5 T040 roi 00re055) 5205 C1,0,272 7,70i5,2 +9,9 STORM WATER NOTES 55.0504e0 1.56500 SOFT PRAT I 550050 STORY 5005 ADDITIOO ACCOPROPATIre free. 1,151, BEL, NALK ARO A L.2.4.110R5 5H.551,00200421 5204051551 To FCSillifi .04550000 5.05LE e VICINITY MAP e SHEET INDEX ,52.0.0, 05 cc.rccHT ;a t,r.Fc 5 ccc.cc qv, CM.1 7 A7,0,74550" 501T oRITRAD, 5,95.5_555, ARE u50.5.40 tY 00, T07 R C-PCA,4 ,LCNCEP c.,,,REL e ; erce, BA,. RT.L.C.vADLE r£,C.ES SPIALL 1,1 FLO, cV EACH rr.CCICre cky ccocaer,r,r 5,50..,T 5,5505 T.O. 20 9 e.c1c,c z.vc, , 45o TRT,R,T 4555,,55 kwo5455 ee 7o0TED 7,45c7 r757R 12,22,2,2 2:2, L'" A usrtc.k.crcra ea,ceke ALL ,o.C5C,, mmces As E, F4,5121 •CR ase re ncrep .ore 4 IN ;;;Ale eL65,5.. NATE., BrEkce • eu...2222.2ur cre,rEe . 0,1+,5K; Acme-, ARAIRST s222,,rr e, rrc Frac, +VC cUST ee Fc/jr-D. rc.c. ,crErnci welf,,E NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. Z-2004-7 DATE: 7/1/2004 PROPOSED 1st FLOOR PLAN SENERAr. NOTES: LE&EN0 ram_ e.*re PROPOSED ELOOR PLAN NOI.LMS r`10,10AVIS 91M, V, caoo 40, :TO •zm NOL.I.VV\ 393 1-11"10S rin ' ,0,1„, ,hT1 11 % eel '77:: f ;sr., em., 07414 .74 E MC 440 77, 41 VI -41444 4 1.9 00 AO 4,1 40441 Pt 4, 214 E-.3 00000 8.1.Z.S07 0300000000000 .,G.J,gtZr'..17,-.T.,Wgtar,frgrgr.r:r.:::`fgrf:2 NOI.LVIANTAQN 52101, .1011•4/,. T. 17 00 , ---,: I ' I EMI Nil __4 1 ---i riTiansL-- ,71 1' 1 '7.' - • ---f L__ I.—,--- ) s4 l.._,_:— .. ..--.._ :.: _,....-- .i.,.... — _ _ .......w., —(i --::=1...,,......„.4.„,,,.......... 1 -tA.T.D5rmiler-- - , -- ' r,- - r___-• T NO:11/' - ^ I j j Tr' ! , 0000 i I I : I I I I : I I ! IE ; , 1 City of National City, California COUNCIL AGENDA STATEMENT ..FETING DATE October 19, 2004 *REFER TO ITEM #15 AGENDA ITEM NO. 12 ITEM TITLE PREPARED BY EXPLANATION Hold Public Hearing Regarding Appropriation of FY 2004 I Law Enforcement Block Grant Funds.. for the Amount of $38,1 8. Fun to be sed to •• ade Computer,Aided Dispatch (CAD) Purchase ( i1 • California Law Enforcement Teletype Sys Assistant hief�efiu Pauu (r PTS) pow h l in the Officer's Repo Roc ce Lt. Ke tl{Fifield On July 1, 2004, the City Council passed resolution NO. 2004- 169 accepting $38,138 in FY 2004 United States Department of Justice Local Law Enforcement Block Grant fiends. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on August 31, 2004, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) ( XX Environmental Review N/A Financial Statement Approved By�v/Gf��rr No impact to General Fund. Local match from Asset Forfeiture funds. 6 Account No. G�7 trots STAFF RECOMMENDATION #131-411-000-502-0000 #257-411-000-502-0000 Hold Public Hearing. BOARD / COMMISSION RECOMMENDATION On August 31, 2004, the LLEBG Advisory Board voted unanimously (5-0) to recommend the approval of the proposed expenditures. ATTACHMENTS ( Listed Below) Resolution No. A: FY 2004 LLEBG Application A-200 t999) Page 2 Hold Public Hearing Regarding Appropriation of FY 2004 Local Law Enforcement Block Grant Funds. Proposal The total amount of the FY 2004 LLEBG funds is $38,138. $34,324 is the federal share and $3,814 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund. The police department is requesting a resolution that would authorize the appropriation of FY 2004 LLEBG funds for the purchase of the below listed equipment and programs: The purchase of a new Computer Aided Dispatch (CAD) interface and Premier MDC. More simply, these are infrastructure computer servers that will allow the police department to upgrade the current Mobile Data Computer system that police officers use in the field. Cost is S20,682. The purchase of three additional CF 29 laptops. These are the laptops police officer use in the field as their Mobile Data Computer. These are needed for additional officers and to replace outdated or damaged units. The MDC system was purchased with grant funds and there are no funds to purchase additional units that need to be replaced. Cost is $13,900. To alleviate the workload in our busy dispatch center the police department would like to place a CLETS terminal in the police officer report writing room. CLETS is used by police officers to run inquiries on criminal histories, stolen property, stolen vehicles, outstanding warrants and missing persons. By having a CLETS terminal in the officer's report writing room they would be able to conduct their own inquiries, usually quicker, while leaving dispatchers to concentrate on their primary duty of communications with the public and officers in the field. Cost is $1,643. The police department would like to hold the balance of the funds for server configuration costs on the interface servers and additional computers, services and accessories as needed to implement these systems. Cost is $1,913. If funds are left over after the requested items are purchased and installed, the LLEBG Advisory Board recommended in their motion to accept the proposal that the funds be used to purchase additional CLETS terminals in the police station. Total Award Amount $38,138. Proposed Expenditures 1. New CAD (Computer Aided Dispatch) interface and PMDC. These are interface servers that allow us to upgrade current Mobile Data Computers. $20,682 (Continued) Page 3 Hold Public Hearing Regarding Appropriation of FY 2004 Local Law Enforcement Block Grant Funds. 2. Three CF 29 laptops for additional officers and replacements. $13,900 3. Additional CLETS terminal in report writing room. Allows officers to conduct queries and relieves dispatchers of this duty. $1,643 4. To be held for server configuration costs on CAD interface servers and additional computers and/or accessories. $1,913 Total = $38,138 City account numbers set for this grant Asset Forfeiture #131-411-000-502-0000 2004 FY LLEBG ' #257-411-000-502-0000 ,4Tpac.0 me itler: IIA If Application was submitted on July 21, 2004 01:21:23 PM EDT. LLEBG FY 2004 Application Date Certffied : 21JUL-04 ' Date Submitted : 21-JUL-04 Jurisdiction Information Jurisdiction: National City County: SAN DIEGO State: CALIFORNIA ICDFA Number: 16.592 DUNS Number. 04-246-0159 Budget Information Eligible Award Amount: $38 138 Final Award Amount $34,324 Match Amount $3,814 Matching Funds Description: Equitable Sharing Program (Asset Forfeiture) CEO Information Title: City Manager Name Prefix: Mr. Last Name : Zapata First Name : Chris Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619) 336-4240 Fax: (619) 336-4327 Email: cmo@a.national- aty.ca.us Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Fifield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: (619) 336-4543 Fax: (619) 336-4525 Email: kfifield@ci.national- city.ca.us Application Details Date Agreed to Trust Fund Requirement: 06-JUL-04 Applicant is PSOHB Compliant: No Date Agreed to SPOC Requirement: 06-JUL-04 Date Agreed to SAA Review Requirement: 06JUL-04 Date Agreed to Certifications: 21-JUL-04 Date Agreed to Assurances: 21-JUL-04 14-1•r-A-cblmEms' hops://grants.ojp.usdoj.goy/llebgs//llebg2000.11ebg_main. app_read_only?p_bgid=6&p_actio... 7/21 /04 ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT Octoher 19, 2004 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of National City authorizing the recruitment and retention of limited term Traffic Engineer on a full-time basis and authorizing $80,000 from the general fund reserve to be used for this purpose PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4383 DEPARTMENT This request addresses public safety and development needs: • Intersection safety • Traffic congestion • Technology support • Traffic flow • Data gathering and analysis • Development and growth coordination Please see attached for further detailed explanation. Public Works/Engineering 1 ( Environmental Review X N/A / Financial Statement An interbudget adjustment request (IBAR) must be processed Approved By: if this resolution is approved. Funds are available in general fund balance account number 001-2411. Finance Direc Account No. STAFF RECOMMENDATION Adopt the Resolution authorizing the recruitment and hiring of a contract Traffic Engineer on a full-time basis and authorizing $80,000 from the gen-ral f d r c"-rve account number 001-2411. BOARD / COMMISSION RECOMMENDAT ' N N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Class Specification for Traffic Engineer Resolution No. A-200 (9. 99) Explanation: Public safety and development have been identified both officially and through actions of this City Council as high priority goals of the City and its residents. In order to accomplish these goals many steps have been taken and great progress has been made. However, I believe that we are lacking expertise in one critical aspect, traffic engineering. The hiring of a traffic engineer would overcome that shortfall. The duties of the traffic engineer would include: 1. Perform surveys and analyses of traffic statistics; vehicle volumes, accidents, speed monitoring, parking, signing, etc. The Traffic Engineer would make recommendations and implement plans and technology to further traffic safety based upon these analyses. 2. Prepare traffic signal timing plans and work with the City's maintenance contractor to ensure that all traffic signals are operating and maintained correctly. 3. Through grants we have installed a computer based fiber optic traffic signal synchronization system. The Traffic Engineer would operate and refine this system to more smoothly, and therefore more safely, move vehicles along the City streets. This program could be expanded into camera .surveillance so that severe traffic could be managed in a "real-time" manner' - 4. Analyze accident data to see if technology such as "red-light' cameras would have a positive affect on traffic safety in National City. If so, the Traffic Engineer would recommend locations for their installation, and monitortheir performance and effectiveness. 5. Review Development Proposals for traffic impacts and develops, reviews, and proposes mitigation measures to address the impacts. 6. Prepare Engineering and Traffic Studies necessary for Police Department to enforce speed limits through the use of radar. All speed limits, other than the 25 mph prima facie speed limit in residential areas, must be established through a study within the preceding five years in order for police to use speed radar as evidence for issuing citations. 7. Works with, and makes recommendations to, the Traffic Safety Committee on traffic operational issues such as additional traffic control, street lighting, parking and loading zones, traffic striping and curb markings, etc. 8. Interact with other agencies such as Caltrans, MTDB, Sandag, etc. regarding traffic operations within the City, and the region as they affect the City. The person hired as the Traffic Engineer will have, as a minimum, a Bachelors of Science degree in Civil Engineering, with major coursework in traffic engineering. In addition, the person will have a minimum of four years experience working in the traffic engineering field and will be licensed as a professional civil engineer or traffic engineer by the State of California RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECRUITMENT AND Hiring OF A FULL-TIME TRAFFIC ENGINEER, AND THE USE OF $80,000 FROM THE GENERAL FUND RESERVES FOR SUCH PURPOSE WHEREAS, public safety and development have been identified both officially and through actions of the City Council as high priority goals of the City and the residents of National City; and WHEREAS, a full-time traffic engineer would contribute to these goals by performing surveys and analyses of traffic statistics; preparing traffic signal timing plans; operating and refining the existing computer -based fiber optic traffic signal synchronization system; analyzing accident data; reviewing development proposals for traffic impacts; preparing traffic studies; working with, and making recommendations to, the Traffic Safety Committee; and interacting with outside agencies such as Caltrans, MTDB and SANDAL. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the recruitment and hiring of a full-time traffic engineer, and the use of,$80,000 from General Fund reserves, for such purpose. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City CLASS SPECIFICATION TRAFFIC ENGINEER DEFINITION Under general direction, performs professional traffic engineering work in the planning, design, and coordination of the City's traffic control and safety program; and performs related duties as required. DISTINGUISHING CHARACTERISTICS This class reports to the City Engineer and works closely with Public Works Department, which is responsible for installation, servicing, repair and adjustment of traffic control devices and painting of street striping and curb markings. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties, and/or may perform similar relatedtasksnot listed here. Performs surveys and analyses of traffic conditions, traffic volume, accidents, traffic hazards, parking, signing, channelization, and signal coordination; designs signal and channelization installations and prepares traffic -signal timing schedules and diagrams; determines the need and justification for traffic control devices, parking zones, City- owned off- street parking and one-way streets; participates with the Traffic Safety Committee in long-range planning of improvements and makes recommendations concerning street lighting, curb cuts, parking and loading zones, and on and off-street parking; acts as secretary to the Traffic Safety Committee; reviews development proposals for traffic impact and develops and recommends appropriate mitigation measures; makes oral and written reports to the City Council; attends other meetings as representative of City Engineer; confers with other City personnel, representatives of public and private agencies and the public regarding traffic problems, projects or complaints; prepares correspondence and agenda statements; prepares reports to other governmental agencies; and identifies sources of grant funds and prepares grant applications. DESIRABLE QUALIFICATIONS Training and Experience - Any combination equivalent to training and experience that could likely provide the required knowledge, skills and abilities will be qualifying. A typical way to obtain the required knowledge, skills and abilities would be: Graduation from college with a bachelor's degree in civil engineering, including major course work in traffic engineering or transportation planning; and four years of increasingly responsible work in civil engineering with area of specialization in traffic engineering. -2- Traffic Engineer Knowledge, Skills and Abilities In - Principles and practices of traffic engineering and control; federal, state and local traffic laws and regulations; traffic signs and electrical equipment used in traffic control; the California Environmental Quality Act. Ability to - Plan, organize and conduct traffic surveys and analyze traffic problems; prepare clear, accurate and concise reports; establish and maintain effective relationships with others; communicate effectively, both verbally and in writing. LICENSES, CERTIFICATES OR SPECIAL REQUIREMENTS Possession of a valid California Driver's License is required at the time of appointment. Registration as a Professional Civil or Traffic Engineer by the State of California. City of National City Approved 12/19/90 Date cETING DATE %ITEM TITLE A Resolution of the City Council of the City of National City supporting Proposition A on the November 2004 General Election Ballot extending the San Diego County Transnet Sales and Use Tax - in its current form expires on 2008 - which will provide National City approximately $2,000,000 annually to perform street reconstruction and roadway storm drainage projects PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION At the July 6, 2004 meeting, City Council adopted a resolution endorsing the Transnet Extension Ordinance and Expenditure Plan. As a result, Councilmember Morrison indicated to SANDAG, acting as the Regional Transportation Commission, in the form of a vote on Ordinance 04-01, that the City of National City supported the plan. All the City members of SANDAG also endorsed the plan and voted Aye. The County of San Diego was the one member that chose to vote nay. As result of the nearly unanimous vote, the Regional Transportation Commission placed the Transnet extension measure on the November 2004 General Election Ballot. It appears as "Proposition A San Diego County Transportation Improvement Program". Attached is a copy of the report considered on July 6, 2004, a copy of National City Resolution 2004-114 endorsing the plan, a copy of the County Counsel's impartial analysis of the measure, and finally a copy of the Regional Transportation Commission Ordinance 04-01 — the Transnet Extension Ordinance and Expenditure Plan. City of National City, California COUNCIL AGENDA STATEMENT October 19, 2004 14 AGENDA ITEM NO. Before the City Council today is another Resolution formally endorsing Proposition A as it appears on the General Election Ballot. ( Environmental Review Financial Statement N/A If this measure passes, National City will continue to STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. July 6, 2004 Council Report A-200 (9. 99) Approved By: receive beyond 2008 much needed funding to perform street reconstruction and roadway storm drainage projects. Account No. Resolution No. Finance Director RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING PROPOSITION A, THE TRANSNET HALF -CENT SALES TAX, ON THE NOVEMBER 2 BALLOT WHEREAS, the TransNet half -cent sales tax was approved by the voters in 1988 and will expire in 2008; and WHEREAS, since voter approval of the half -cent TransNet sales tax in 1988, businesses, neighborhoods and communities in San Diego County have benefited from transportation improvement projects funded by TransNet sales tax revenue, including: • 60 miles of highways upgraded • 35 miles of light rail extended, and 65 miles of commuter rail added • Billions in major street and road improvements, safety projects and pothole repairs; and WHEREAS, Proposition A, appearing on the November 2 ballot, if passed would renew the TransNet half -cent sales tax for another 40 years; and WHEREAS, if Proposition A passes, over $14 Billion in local revenues will be generated, and an additional $4.8 Billion in federal matching funds will become available for major highway/transit projects, including: • Significant improvement and maintenance of local streets around our greatest tourist attractions — our beaches and bays; • Pothole repairs and synchronized traffic signals; • Major improvements to 1-5 and 1-15, the 1-15/1-8 interchange, the 1-8/1-163 interchange and many more key freeway pressure points to ease congestion for local residents and visitors alike; • Improvements to bus and trolley transit service — especially into and out of downtown employment and tourist destinations; • Major upgrades to key arterial routes commuters depend on every day; • Construction, improvement and maintenance of bike trails and pedestrian paths; and WHEREAS, if Proposition A passes, the City of National City will receive approximately $2 Million annually to perform street reconstruction and roadway storm drainage projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports passage of Proposition A, the TransNet half -cent sales tax, on the November 2 ballot. --- Signature Page to Follow --- Resolution No. 2004 — October 19, 2004 Page Two PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I'II City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 6, 2004 AGENDA ITEM NO. ITEM TITLE SANDAG - Staff Presentation and Resolution of the City Council of the City of National City Endorsing the TransNet Extension Ordinance and Expenditure Plan PREPARED BY Alberto Griego DEPARTMENT Public Works/Engineering 336-4586 EXPLANATION See attached explanation. SANDAG staff will make a presentation on this item. After which the City Council may wish to consider the attached Resolution. Environmental Review X N/A anaemia! Statement N/A Approved BY: Finance Director Account No. STAFF RECO I IENDATIO It is recommended that the City Council adopt the Resolution endorsing the Ordinance and Expenditure Plan. F RD / COBHAM . I0 RECO EN AT!<ON N/A A`$ rACHMENTS Listed Below 1. Resolution 2. Ballot Measure 2004 A 200 �9.99 Explanation: In 1988, a San Diego County ballot measure was approved by the voters that provided funds through the use of a one half cent sales tax per dollar ('h 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 measure will be 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. The total funds expected to be raised by this extension measure would be in the vicinity of $14 billion to be used for transportation capital improvements in San Diego County. The funds will be divided between transit, freeway improvement projects, and local cities and the County. The Cities and the County would receive $4.5 billion over the forty year period for local street and road improvements. Of this amount, National City would receive approximately $80 million dollars, or $2,000,000 a year. SANDAG staff will make a presentation to the City Council to highlight more details of the Ordinance and Expenditure Plan. It is recommended. that the City Council adopt the Resolution endorsing the Ordinance and Expenditure Pian. (Page 1 of 1) RESOLUTION NO. 2004 —114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING THE TRANSNET EXTENSION ORDINANCE AND EXPENDITURE PLAN WHEREAS, in 1988, a San Diego County ballot measure was approved by 52% of the voters which provided funds through the use of a one-half cent sales tax per dollar (1/2 percent sales tax) for needed transporation projects such as public transit, rail, roads, bicycle and pedestrian ways for the next 20 years; and WHEREAS, the end of this measure will be the year 2008 and SANDAG is proposing to extend this 1/2 percent sales tax for the next 40 years through a ballot measure to be included on the November 2004 ballot; and WHEREAS, the total funds expected to be raised by this extension measure would be approximately $14 Billion to be used for transportation capital improvements in San Diego County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby endorses' the TransNet Extension Ordinance and Expenditure Plan. PASSED AND ADOPTED this 6fh day of July, 2004. ATTEST: Michael Dalla, City/ Jerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2s. Nick rf'Eunka, Mayor SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION Proposition A (This proposition will appear on the ballot in the following form.) PROP A SAN DIEGO COUNTY TRANSPORTATION IMPROVEMENT PROGRAM. To relieve traffic conges- tion, improve safety, and match state/federal funds by: Expanding 1-5,1-8,1-15, SR 52, SR 54, SR 56, SR 67, SR 76, SR 78, SR 94, SR 125, 1-805; Maintaining/improving local roads; Increasing transit for seniors and disabled persons; Expanding commuter express bus, trolley, Coaster services; Shall San Diego County voters continue the existing half -cent trans- portation sales tax (SDCRTC Ordinance 0401) for forty years, including creating an Independent Taxpayer Oversight Committee to conduct yearly audits ensuring voter mandates are met? This proposition requires approval by two-thirds of the voters. Full text of this proposition follows the arguments. COUNTY COUNSEL IMPARTIAL ANALYSIS The San Diego Association of Governments (SANDAG) acting as the Regional Transportation Commission (Commission) has placed this measure on the ballot to extend the San Diego County Transportation Improvement Program and Expenditure Plan. This proposition would: 1. Authorize the Commission to continue to impose a transaction and use tax of 1/2 percent in the incorporated and unincorporated territory of the County of San Diego for a period not to exceed forty years (commonly referred to as "TransNet"). The forty year term will not commence until the current tax expires in at the end of March 2008. 2. Authorize the Commission to issue bonds payable from the proceeds of the tax to accelerate the construction of transportation facility improvements. Also establish an annual appropriation limit of $950 million for the Commission. 3. Require all revenues to be deposited into a special fund and limit the use of such revenues to improvements of transportation facilities and services and related environmental mitigation. No more than one percent of the total annual revenues available may be used for administrative expenses and no more than $250,000 per year will be used for the operation of an Independent Taxpayer Oversight Committee. 4. Require that the revenues from TransNet be used to supplement existing public and private funding for transportation improvements. Further require that the revenues be combined with federal, state, local and private funding for transportation improvements. 5. With the exception of certain sections which require a vote of the electors of the County of San Diego to amend, the TransNet ordinance may only be amended with a favorable vote of at least two- thirds of the SANDAG Board of Directors using both the one vote per jurisdiction and the population - based weighted vote procedures. 6. Require revenues be used to fund specific projects and programs. The revenues will be allocated among highway, transit, and local street and road improvement projects. 7. Require establishment of the Independent Taxpayer Oversight Committee (ITOC). The ITOC will develop recommendations for improvements to the financial integrity and performance of the TransNet program. 8. Require each city and the County to contribute $2,000 in exactions from the private sector, for each newly constructed residential housing unit (with exemptions for extremely low, very -low, low, and moderate income households) in that jurisdiction to the Regional Transportation Congestion Improvement Program as a condition for eligibility to receive TransNet funds for projects within their jurisdiction. If 66 2/3% of all votes cast favor approval of Proposition A, the measure shall become effective on November 3,2004. The extension of the TransNet tax authorized by the measure shall be operative on April 1, 2008. Bonds payable from the proceeds of the tax may be issued at any time prior to, on or after April 1, 2008. The provisions of the measure relating to the allocation of revenues shall be operative on July 1, 2008. PR-CW01-1 SD 000-000 TransNet Extension ORDINANCE AND EXPENDITURE PLAN Commission Ordinance 04-01 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 04-01), 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 $5,150 million will be used to match an estimated $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 Mitigating Highway 67, 76 and 94 Expansion Impacts", which is hereby incorporated by reference as if fully set forth herein. PR-CW01-6 SD 000-000 Major Highway and Transit Improvements Highways with Environmental Enhancements Local -shies-i nd ioa. d projects 'bicycle 4 dpedestrianimprovements, and other projects- not sho_wn. PR-CW01 -7 SD 000-000 a. Highway Capital Improvements (including managed lane/high-occupancy vehicle (HOV) lane additions and general purpose lane additions) - $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 1-805, 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 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 I-5/SR 78 interchanges - $1,234 million. 4. 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 I-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 SR 54 to SR 905, including HOV to HOV connectors at the I-805/SR 52 interchange and improvements at the I-805/SR 54 interchange - $1,371 million. 7. SR 54/SR 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 Mapleview 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 from 1-5 to 1-15 - $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, including 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 - $2,685 million: 1. BRT service from Escondido to Downtown San Diego using the I-15/SR 94 managed/HOV facilities, including new and improved stations and direct access ramps - $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 - $497 million. 4. BRT service from San Ysidro to Sorrento Mesa using the managed/HOV lane facilities on I-805/I-15/SR 52 including station improvements - $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. PR-CW01-8 SD 000-000 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 - $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 - $89 million. 2. Operating Support for the BRT and Rail Transit Capital Improvements: Of the total funds available, an estimated $1,100 million will be used to operate and maintain 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). B. Congestion Relief Program - Transit System Service Improvements and Related Programs: An estimated $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. C. Congestion Relief Program - Local System Improvements and Related Programs: An estimated total of $4,480 million will be allocated to local programs in the following three categories: 1. Local Street and Road Program: An estimated $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 shall give high priority in the use of these funds to improvements to regional arterials, grade separation projects, and related facilities contributing to congestion relief. At least 70% of the revenues provided for local street and road purposes should be used to fund direct expenditures for construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signal coordination and related traffic operations improvements, transportation -related community infrastructure improvements to support smart growth development, capital improvements needed to facilitate transit services and facilities, and operating support 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 as part of its biennial project list submittal. The Commission shall review each local agency's biennial project list submittal and make a finding of consistency with the PR-CW01-9 SD 000-000 provisions of this Ordinance and with the Regional Transportation Plan prior 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 D). 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 use/transportation 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 $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 Transportation 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 documents titled "TransNet Extension Environmental Mitigation Program Principles" and "Environmental Enhancement Criteria Mitigating Highway 67, 76, and 94 Expansion Impacts", which are hereby incorporated by reference as if fully set forth herein. E. Bicycle, Pedestrian and Neighborhood Safety Program: A total of two percent of the total annual revenues available (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 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. 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. PR-CW01-10 SD 000-000 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 Expenditure Plan and in a mariner 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, Independent Taxpayer Oversight Committee expenses, and funding for the Bicycle, 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 -tenths percent for the major highway and transit Congestion Relief projects specified in Section 2(A)(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 the Environmental Mitigation Program described in Section 2(D). B. 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. 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. 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. 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 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 for the receipt of funds under Section 4(C), a transit operator must limit the increase in its total operating cost per revenue vehicle hour for bus services or the increase in its total operating cost per revenue vehicle 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. PR-CW01-11 SD 000-000 D. Thirty-three percent for the Local Programs described in Section'} irt-tl16-fstrei¢ing three categories: 1. Twenty-nine and one -tenth percent for the local street and roacLprograitt elescribed in Section 2(C)(1). The revenues available for the local street and road program shall be allocated and expended pursuant to the following distribution formula: a. Each local agency shall receive an annual base sum-4$5OOd 1 b. The remaining revenues after the base sum distribution shall be distributed to 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 be incorporated 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). 3. Two and one -tenth percent for the Smart Growth Incentive Program described in Section 2(C) (3). E. General Provisions: 1. In implementing the projects funded under Section 4(A), priority shall be given to projects included in the Expenditure Plan for Proposition A as passedbythe 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 clearance forthese projects is obtained and needed state and federal matching funds are committed 2. Once any state highway facility 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 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 local public hearing on the proposed list of projects shall be held by each local agency prior to submitting its 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 PR-CW01-12 SD 000-000 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 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 may request up to three additional 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 PR-CW01-13 SD 000-000 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. New Development Exactions Starting on July 1, 2008, each local agency 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. These exactions shall 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 San Diego Association of Governments' (SANDAG's) most recent, adopted Regional Transportation Plan. New residential housing units constructed for extremely low, very -low, low, and moderate income households, as defined in California Health and Safety Code Sections 50105, 50106, 50079.5 and 50093, will be exempted from the $2,000 per unit contribution requirement. 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. Each local agency shall establish an impact fee or other -revenue Funding Program by which it collects and funds its contribution to the RTCIP. Each local agency 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. 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 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. B. Oversight, Audit and Funding Allocations The Regional Transportation Congestion Improvement Program (RTCIP) shall be overseen by SANDAG and implemented by each local agency, with the objective of developing a consolidated mitigation program for the San Diego region as a funding source for the Regional Arterial System. The RTCIP and each local agency's Funding Program shall be subject to an annual review and audit to be carried out by the SANDAG and the Independent Taxpayers Oversight Committee, as defined in Section 11 of this Ordinance. Any local agency that does not provide its full monetary contribution required by Section 9(A) 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 local agencies that are in compliance with this Section. C. Implementation of the Regional Transportation Improvement Program (RTCIP) 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 PR-CW01-14 SD 000-000 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 for 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 effective 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 operative on April 1, 2008. Bonds payable from the proceeds of the tax may be issued at any time prior to, on or after April 1, 2008. The provisions of Section 4 of this Ordinance, relating to the allocation of revenues, shall be operative on July 1, 2008. SECTION 16. AMENDMENTS: With the exception of Sections 2(D), 3, 4(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. 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 this Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from this Ordinance. SECTION 19. SEVERABILITY: If any section, subsection, part, clause or phrase of this Ordinance is for any reason held unenforceable or unconstitutional 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. Notwithstanding the foregoing, if any part, clause, or phrase of Section 9(A) of the Ordinance is for any reason held unenforceable or unconstitutional, the remaining portions of Section 9 shall be deemed invalid. PR-CW01-15 SD 000-000 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 of 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 public transportation services and facilities including the acquisition of vehicles and right-of-way. Public transportation services include, but are not limited to, local and express bus, bus rapid transit (BRT), paratransit (dial -a -ride), fixed guideway, 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 Plan. Means the long-range transportation plan for the San Diego region 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. 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. J. 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. K. Regional Comprehensive Plan. Means the document integrating land use, transportation systems, infrastructure needs, and public investment strategies within a regional framework to be prepared by the San Diego Association of Governments as required by Section 132360 of the Public Utilities Code. 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 28th day of May, 2004 by the following vote: AYES: Commissioners Hall, Padilla, Monroe, Crawford, Lewis, Guerin, Holt Pfeiler, McCoy, Jantz, Sessom, Morrison, Feller, Cafagna, Murphy, Smith, Dale, Powell, Vance, NOES: Commissioner Jacob PR-CW01-16 SD 000-000 ABSENT: None Ron Morrison Chairman STATE OF CALIFORNIA ) SS COUNTY OF SAN DIEGO) I, 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 May 28, 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: May 28, 2004 Gary L. Gallegos Secretary [To obtain copies of the attachments incorporated by reference in San Diego County Regional Transportation Commission Ordinance 04-01, please contact the San Diego Association of Governments (SANDAG) by mail at 401 B Street, Suite 800, San Diego, CA 92101, by phone (619) 699-1900, by e-mail at transnet@sandag.org, or via the Internet at www.sandag.org.] PR-CW01-17 SD 000-000 City of National City, California COUNCIL AGENDA STATEMENT cETING DATE October 19, 2004 *REFER TO ITEM #12 AGENDA ITEM NO. 15 ITEM TITLE Resolution Authorizing Appropriation of FY 2004 Local Law Enfor meat Block Grant Fundy for the Amount of $38,138. Funds :.to ed to Upgr.• Compu ded Dispatch CAD Purchase Field Laptops (3). and Add a a! w rcem`n si Terminal in the Offer's Report Room. EXPLANATION Assistan Lt. Keith(Fifiel u Pauu Police On July 1, 2004, the City Council passed resolution NO. 2004- 169 accepting $38,138 in FY 2004 United States Department of Justice Local Law Enforcement Block Grant funds. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on August 31, 2004, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) Environmental Review XX N/A Financial Statement Approved By - No impact to General Fund. Local match from Asset Forfeiture funds. STAFF RECOMMENDATION Approve the Resolution inance Direc or Account No. #131-411-000-502-0000 #257-411-000-502-0000 BOARD / COMMISSION RECOMMENDATION On August 31, 2004, the LLEBG Advisory Board voted unanimously (5-0) to recommend the approval of the proposed expenditures. ATTACHMENTS a -zoo i9.99;) ( Listed Below ) A: FY 2004 LLEBG Application Resolution No. Page 2 Resolution Authorizing Appropriation of FY 2004 Local Law Enforcement Block Grant Funds. Proposal The total amount of the FY 2004 LLEBG funds is $38,138. $34,324 is the federal share and $3,814 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund. The police department is requesting a resolution that would authorize the appropriation of FY 2004 LLEBG funds for the purchase of the below listed equipment and programs: The purchase of a new Computer Aided Dispatch (CAD) interface and Premier MDC. More simply, these are infrastructure computer servers that will allow the police department to upgrade the current Mobile Data Computer system that police officers use in the field. Cost is $20,682. The purchase of three additional CF 29 laptops. These are the laptops police officer use in the field as their Mobile Data Computer. These are needed for additional officers and to replace outdated or damaged units. The MDC system was purchased with grant funds and there are no funds to purchase additional units that need to be replaced. Cost is $13,900. To alleviate the workload in our busy dispatch center the police department would like to place a CLETS terminal in the police officer report writing room. CLETS is used by police officers to run inquiries on criminal histories, stolen property, stolen vehicles, outstanding warrants and missing persons. By having a CLETS terminal in the officer's report writing room they would be able to conduct their, own inquiries, usually quicker, while leaving dispatchers to concentrate on their primary duty of communications with the public and officers in the field. Cost is $1,643. The police department would like to hold the balance of the funds for server configuration costs on the interface servers and additional computers, services and accessories as needed to implement these systems. Cost is $1,913. If funds are left over after the requested items are purchased and installed, the LLEBG Advisory Board recommended in their motion to accept the proposal that the funds be used to purchase additional CLETS terminals in the police station. Total Award Amount $38,138. Proposed Expenditures 1. New CAD (Computer Aided Dispatch) interface and PMDC. These are interface servers that allow us to upgrade current Mobile Data Computers. $20,682 (Continued) Page 3 Resolution Authorizing Appropriation of FY 2004 Local Law Enforcement Block Grant Funds. 2. Three CF 29 laptops for additional officers and replacements. $13,900 3. Additional CLETS terminal in report writing room. Allows officers to conduct queries and relieves dispatchers of this duty. $1,643 4. To be held for server configuration costs on CAD interface servers and additional computers and/or accessories. $1,913 Total = $38,138 City account numbers set for this grant Asset Forfeiture #131-411-000-502-0000 2004 FY LLEBG #257-411-000-502-0000 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $38,138 IN FY 2004LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT WHEREAS, on July 1, 2004, Resolution No. 2004-169 was adopted by the City Council authorizing the acceptance of the 2004 Local Law Enforcement Block Grant ("LLEBG") funds from the United States Department of Justice which awarded $34,324 in grant funding to the City of National City; and WHEREAS, adding the local match funding of $3,814, the total amount is that may be appropriated to the Police Department is $38,138; and WHEREAS, the Police Department has requested the appropriation of $38,138 in grant funding to Police Department Account Nos. 131-411-000-502-000 (Asset Forfeiture) and 257-411-000-502 (FY 2004 LLEBG) for the purchase of new Computer Aided Dispatch (CAD) interface and PMDC (interface servers for upgrade to current Mobile Data Computers), three CF 29 laptops for additional officers and replacements, additional CLETS terminal in report writing room (allows officers to conduct queries and relieves dispatchers of this duty), costs of configuration on CAD interface servers, and additional computers and/or accessories; and WHEREAS, the Police Department's request was considered and approved unanimously (5-0) by the Local Law Enforcement Block Grant Advisory Board at their meeting of August 31, 2004; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $38,138 in FY 2004 Local Law Enforcement Block Grant funds for the purchase of new Computer Aided Dispatch (CAD) interface and PMDC, three CF 29 laptops for additional officers and replacements, additional CLETS terminal in report writing room, costs of configuration on CAD interface servers, and additional computers and/or accessories. Passed and adopted this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney J 1 qir, !- M is eiT•; II A It Application was submitted on July 21, 2004 01:21:23 PM EDT. LLEBG FY 2004 Application Date Certified : 21-JUL-04 'Date Submitted : 21-JUL-04 Jurisdiction Information Jurisdiction: National City County: SAN DIEGO State: CALIFORNIA CDFA Number: 16.592 DUNS Number. 04-246-0159 Budget Information Eligible Award Amount: $38,138 . Final Award Amount $34,324 Match Amount: $3,814 Matching Funds Description: Equitable Sharing Program (Asset Forfeiture) CEO information fie: City Manager Name Prefix: Mr. Last Name : Zapata First Name : Chris Address: 1243 National City Boulevard National City, Califomia, CA 91950-4397 Telephone: (619) 336-4240 Fax: (619) 336-4327 Email: cmo@ri.national- city.ca.us Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Fifield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: (619) 336-4543 Fax: (619) 336-4525 Email: kfifield@ci.national- dty.ca.us Application Details, Date Agreed to Trust Fund Requirement: 06-JUL-04 Applicant is PSOHB Compliant: No Date Agreed to SPOC Requirement: 06-JUL-04 Date Agreed to SAA Review Requirement: 06-JUL-04 Date Agreed to Certifications: 21-JUL-04 Date Agreed to Assurances: 21-JUL-04 A rr-irciri.vt Eis' r : https://grants.ojp.usdoj.gov/llebgs//11ebg2000.11ebg_main. app_read_only?p_bgid=6&p_actio... 7/21/04 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 19, 2004 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PROCLAIMING A STATE OF EMERGENCY DUE TO SEVERE SHORTAGE OF AFFORDABLE HOUSING IN NATIONAL CITY PREPARED BY George H. Eiser, III EXPLANATION DEPARTMENT Please see attached memorandum. City Attorney EXT. 4221 Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Consider adoption of resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ) Listed Below) Resolution No. 1. Memorandum 2. Resolution A-200 (Rev. 7/03) TO: FROM: SUBJECT: City of National City Office of the. City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 Mayor and City Council City Attorney Resolution Proclaiming a State of Emergency Due to a Severe Shortage of Affordable Housing DATE: October 6, 2004 Section 8630 of the California Government Code authorizes a city to proclaim a local emergency. "Local emergency" is defined in Government Code section 8558 (c) as follows: (c) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, complications resulting from the Year 2000 Problem, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. The proposed resolution, modeled after a resolution adopted by the City of San Diego, and discussed by Councilman Natividad at the October 5 City Council meeting, would proclaim a state of emergency in National City due to a severe shortage of affordable housing in the city. Government Code section 8630 provides that the City Council shall review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. GEORGE H. EISER, Ill City Attorney GHE/gmo ® Recycled Paper RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY PROCLAIMING A STATE OF EMERGENCY DUE TO A SEVERE SHORTAGE OF AFFORDABLE HOUSING IN NATIONAL CITY WHEREAS, California Government Code section 8630 authorizes local governing bodies to proclaim local emergencies when such events occur as are defined by California Govemment Code 8558(c); and WHEREAS, the City Council hereby finds that there exists in National City a state of emergency due to a severe shortage of affordable housing in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that pursuant to Califomia Government Code section 8630, a state of emergency is proclaimed to exist due to a severe shortage of affordable housing in the City of National City. PASSED and ADOPTED this 19th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 19, 2004 AGENDA ITEM NO. 17 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES PREPARED BY Rudolf Hradecky, Esq. DEPARTMENT City Attorney EXPLANATION EXT. 4222 This ordinance amends Chapter 10.19 of the National City Municipal Code to add a new category of vehicles to existing provisions regarding forfeiture of vehicles used in the creation of a public nuisance. Currently, the code provides for forfeiture of vehicles used in prostitution activity, illegal drug activity and illegal land grading or dumping. This amendment will add vehicles used as instrumentalities for illegal gang activity - such as occurs with "drive -by shootings", get away cars, weapons caches, and so forth. It relies upon those definitions contained within the Penal Code which define a variety of activities constituting "illegal gang activity". These provisions parallel comparable provisions in Chapter 10.20 of the Municipal Code regarding abatement of premises used for similar public nuisance status offense — such as drug dealing and similar neighborhood disturbance matters ( Environmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance. Resolution No.. A-200 (Rev. 7/03) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES 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 10 is amended by amending Chapter 10.19 to read as follows: Chapter 10.19 SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES Sections: 10.19.010 Public nuisance vehicles 10.19.015 Definitions 10.19.020 Declaration by court or city attorney 10.19.030 Right, title and interest in vehicle 10.19.040 Seizure 10.19.050 Receipts 10.19.060 Evidence 10.19.070 Forfeiture 10.19.080 Interest claim 10.19.090 Sale of vehicles 10.19.100 Recovery of monetary Toss or costs of abatement 10.19.010 Public nuisance vehicles. A. Any vehicle described below in subsection B is hereby declared to be a public nuisance, and that vehicle shall be enjoined and abated as provided in this chapter. Any person and his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle (hereinafter referred to as "vehicle") used for any of the purposes or acts set forth in this section is guilty of and responsible for maintaining a public nuisance. B. The following are declared public nuisance vehicles: 1. Any vehicle used to solicit or to agree to engage in or to engage in an act of prostitution; or 2. Any vehicle used to attempt to procure another person for the purposes of prostitution or to procure another person for the purposes of prostitution; or 3. Any vehicle used to cause, induce, persuade or encourage, by promises, threats, violence, or by any device or scheme, another person to become a prostitute; or Ordinance No. 2004 — Page 2 4. Any vehicle used to illegally sell, transfer or acquire or attempt to illegally sell, transfer or acquire any controlled substance; or 5. Any vehicle that is used for purposes of illegal dumping, illegal grading or illegal excavation on public or private property. 6. Any vehicle that is used by one or more members of a criminal street gang as an instrumentality of or in furtherance of "gang activity". 10.19.015 Definitions. Within this chapter, the following meanings shall apply: A. "Bulky item" means any discarded furniture, home or industrial appliance or any abandoned vehicle or a part of an abandoned vehicle. B. "Controlled substance" means a drug, substance or immediate precursor that is listed in any schedule in Califomia Health and Safety Code section 11054, 11055, 11056, 11057 or 11058. C. "Driver" means any person who drives or is in physical control of a vehicle defined in this section. D. "Hazardous waste" means any waste as defined in California Health and Safety Code section 25117. E. "Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. 'Illegal dumping" does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. F. 'Illegal excavation" or "illegal grading" refers to the moving of earth on or removal of earth from private or public property without a permit required by law or the National City Municipal Code. G. "Prostitution" means engaging in lewd or sexual conduct for money or other consideration. H. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. I. "Vehicle", for purposes of this chapter, means any transportation device that is equipped with a motor, that is pulled by a transportation device with a motor, or requires the driver to have. in his or her immediate possession a valid drivers license for the appropriate class of vehicle being driven without regard to whether it is required to be registered with the California Department of Motor Vehicles or the motor vehicle department of another jurisdiction. It includes, without limitation, automobiles, pickup trucks, dump trucks, tractor -trailers, earth movers, earth graders and bulldozers. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 3 J. "Gang activity" means activity conducted by one or more members of "a criminal street gang", as those terms are used or described in Penal Code sections 186.22 through 186.28. 10.19.020 Declaration by court or city attorney. Upon proof that a vehicle was used for any of the purposes set forth in section 10.19.010, the court upon application, or the city attorney upon compliance with the applicable sections of this chapter, may declare the vehicle a public nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in section 10.19.100. 10.19.030 Right, title and interest in vehicle. All right, title and interest in any vehicle described in section 10.19.010 shall vest in the city upon commission of an act giving rise to the public nuisance declared under this chapter. It shall not be a prerequisite to proceedings under this chapter that an occupant or user of a vehicle first be convicted of an underlying offense or crime before a public nuisance justifying action under this chapter may be declared to exist. 10.19.040 Seizure. A. Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. B. Seizure without process may be made when any of the following situations exist: 1. The seizure is incident to an arrest with or without a warrant, or a search under a search warrant; or 2. There is probable cause to believe that the vehicle was used in violation of this chapter. 10.19.050 Receipts. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession the vehicle was seized, in accordance with section 1412 of the Penal Code. 10.19.060 Evidence. Any vehicle seized pursuant to section 10.19.040B, where appropriate, may be held for evidence. The city attorney shall have the authority to institute and maintain proceedings pursuant to the authority conferred by this chapter. The seizure and impoundment of a public nuisance vehicle as evidence neither requires nor precludes forfeiture proceedings under this chapter. When a public nuisance vehicle seized as evidence is in the custody of the District Attorney or other public or govemmental agency, the City Attorney shall coordinate the request for custody of the vehicle as soon as needs or proceedings of the other agency no longer require its possession. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 4 10.19.070 Forfeiture procedure. A. Except as provided in this section, when the city attorney determines that a vehicle described in section 10.19.010 is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Superior Court of San Diego County. B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case, within sixty (60) days following the seizure of the vehicle which is subject to forfeiture, or, if the vehicle is in the custody of another agency, within sixty (60) days following its release by that agency. C. An investigation shall be made by the National City police department as to any claimant to a vehicle whose right, title, interest or lien is of record in the California Department of Motor Vehicles or other jurisdiction of vehicle registration. The National City police department shall send a notice within two business days following the seizure for a claimant to request a post -seizure hearing to determine the validity of the seizure to each legal and/or registered owner of a vehicle at his or her address appearing in the records of the appropriate state motor vehicle registry. The request for a hearing must be received by the department within ten (10) calendar days following that date of mailing of the notice. The post -seizure hearing shall be conducted within two business days following the day of receipt of the request for the hearing. The city may authorize any officer or employee to conduct the hearing provided the hearing officer is not the same person who directed the seizure of the vehicle. Failure of a potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post -seizure requirement. If the vehicle is not subject to registration or is not registered, notice shall be provided to any person or entity with an apparent interest, such as may appear by inscribed or painted legend of ownership appearing on the vehicle; if no legend of ownership is apparent, a notice shall instead be published in a newspaper of general circulation describing the vehicle and an advice regarding the seizure and potential forfeiture. Failure to provide notice when no apparent ownership is available, or failure to receive notice when indicia of ownership is available, shall not invalidate any proceeding under this chapter. D. The city attorney shall, within ten days following seizure, notify any interested party of the seizure of the vehicle and the intended forfeiture proceedings, and a statement that any interested party may also file a verified claim with the Superior Court of San Diego County to contest the seizure in accordance with section 10.19.080. The notice shall be served by personal delivery or by registered mail upon each person who has an interest in the seized vehicle. E. All notices shall set forth the time within which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed pursuant to section 10.19.090. F. With respect to vehicles described in section 10.19.010 for which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in section 10.19.010. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 5 G. The city attorney, pursuant to this subsection, may order the forfeiture of vehicles seized under this chapter. The city attorney shall provide notice of the proceedings under this subsection, including: 1. A description of the vehicle; 2. The date and place of seizure; 3. The violation of law alleged with respect to forfeiture of the vehicle; 4. The instructions for filing and serving a claim with the city attorney pursuant to section 10.19.090 and time limits for filing a claim. H. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the vehicle in accordance with section 10.19.100. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The city attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. I. If a claim is timely filed, then the city attorney shall file a petition for forfeiture with the Superior Court pursuant to this section within thirty days of the receipt of the claim. J. Forfeiture proceedings shall not be applicable to any vehicle that was reported stolen prior to �; act proscribed in section 10.19.010, unless it shall appear that the report was fals .,;.fiat the identity of the registered owner cannot be reasonably ascertained or that the registered owner failed to redeem the vehicle within sixty days after seizure. Otherwise, the registered owner of a stolen vehicle may claim the vehicle upon payment of tow, storage and release charges, provided that the vehicle is not subject to any other holds prescribed by the Vehicle Code for traffic, parking or current registration violations. 10.19.080 Interest claim. A. Any person claiming an interest in the vehicle seized pursuant to section 10.19.010 must, within ten days from the date of the notice of seizure, file with the city attorney a claim, verified in accordance with section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. B. 1. If a verified claim is filed, the forfeiture proceeding shall be set within thirty days after receipt of the claim for a court hearing as soon as shall be possible. 2. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter; however, in proceedings under this chapter, there shall be no joinder of actions, no coordination of actions except for forfeiture proceedings, nor cross -complaints, and the issues shall be limited strictly to the questions related to this chapter. C. In lieu of forfeiture, the City Attorney may allow an interested party to pay the fair market value of the vehicle seized in lieu of prosecuting the forfeiture proceeding, and reclaim the vehicle, except when the vehicle is seized under section 10.19.010(B)(6). Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 6 10.19.090 Sale of vehicles. In all cases where vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid as settlement in lieu of forfeiture of the vehicle under section 10.19.080 (c).The proceeds of sale or settlement shall be distributed and appropriated as follows: A. To the office of the city attomey and the police department or other local law enforcement agency for all expenditures incurred in connection with the publication of the notices set forth in section 10.19.080, and the sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; B. To any bona fide innocent purchaser, conditional sales vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or city attorney declaring the forfeiture orders a distribution to that person or entity; C. The remaining funds shall be distributed as follows: 1. Fifty percent to the local law enforcement entities that participated in the seizure, distributed to reflect the proportionate contribution of each agency, 2. Fifty percent to the city's nuisance abatement fund, in accordance with section 1.36.190 of this code. D. All funds distributed to each local law enforcement agency pursuant to subsection C of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of those agencies. For the purposes of this section, local governmental entity means any city, county, or city and county in this state. 10.19.100 Recovery of monetary loss or costs of abatement. Nothing in this chapter shall preclude an owner of a vehicle from recovering damages for the actual amount of loss from any person or entity who committed the act or acts giving rise to the seizure or forfeiture of the vehicle, nor shall forfeiture of that vehicle preclude the city from seeking restitution from all responsible parties for the actual costs of abatement of the underlying public nuisance for or within which the subject vehicle was used. PASSED and ADOPTED this day of 2004. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles ( Environmental Review X N/A City of National City, California COUNCIL AGENDA STATEMENT ETING DATE 2004. SECOND READING AGENDA ITEM NO. 18 ITEM TITLE ORDINANCE OF THE CITY COUNCIL AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT OF PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA PREPARED BY Rudolf Hradeckyq. DEPARTMENT (Ext. 4222) EXPLANATION City Attorney The proposed changes to Chapter 10.20 of the Municipal Code will add gang activity to the category of public nuisance premises, thereby allowing the City Attorney to initiate civil abatement proceedings, or to criminally prosecute an owner or occupant who knowingly allows or tolerates such activity on premises owned or controlled by that owner or occupant. This change was requested by the Police Department (NPT). It is added to already existing code provisions dealing with illegal drug activity and displays or sales of drug paraphernalia on premises. An owner is allowed sixty (60) days in which to begin eviction proceedings against an offending occupant. If the owner fails or refuses to do so, both civil abatement proceedings by way of injunction against the owner and/or occupant and the premises may be instituted, and the owner and/or occupant can also be prosecuted for maintaining a public nuisance. This ordinance is reintroduced in order to add a provision regulating cigarette rolling papers, unless they are displayed and sold in connection with loose tobacco products. Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ADOPT ORDI ANCE BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS [ Listed Below ) Ordinance Resolution No. A-200 (9i99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT OF PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA 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 10 is amended by amending Chapter 10.20 to read as follows: Chapter 10.20 PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR SALE OR DISPLAY OF DRUG PARAPHERNALIA Sections: 10.20.010 Definitions 10.20.020 Prohibition 10.20.0,30 Notice of violation —Order 10.20.040 Failure to comply with notice of violation 10.20.050 Declaration of public nuisance 10.20.060 Construction 10.20.070 Sale or display of drug paraphemalia—Prohibited 10.20.080 Severability 10.20.010 Definitions. The following definitions apply to this chapter: A. "Owner" means an owner of title or interest, landlord, lessor, sublessor, lessee, manager, representative or agent, employee or mortgagee, including any person, firm, corporation, partnership or other entity. B. "Occupant" means a resident, tenant, subtenant, lessee, guest or invitee, sublessee or any person not a trespasser, possessing, occupying or using premises. C. "Premises" means a building, place, room, space, enclosure, vessel or appurtenances thereof, including common areas, garage facilities, driveways, alleyways, stairwells and elevators. It includes residential, commercial and industrial property. D. "Controlled substance" means any substance, precursor or analog, specified in Health and Safety Code section 11000 et seq. Ordinance No. 2004 — Page 2 of 4 E. "Drug dealing activity or purpose" means any activity involving the illegal possession or possession for sale, or the serving, or the storing, keeping, manufacturing or transferring, or giving away of illegal controlled substances in, upon or from the premises. F. "Drug -related nuisance" means any activity commonly associated with illegal drug dealing, including but not limited to excessive noise, excessive traffic, steady foot traffic day and night to the premises, public use of illegal controlled substances, barricaded premises or the sighting of weapons, brought to the attention of the owner by occupants, persons within the community, employees of the City or law enforcement agencies. It shall include the sale or display of drug paraphemalia. G. "Drug paraphemalia", for purposes of this Chapter, is any merchandise, equipment, products or materials described in Health and Safety Code section 11364.5(d) which are designed for uses regulated by that section. Except as provided in section 10.20.070, the definition shall include cigarette rolling papers. H. "Gang activity" means activity described in Penal Code section 186.22, 186.26, or 186.28 that occurs on a "premise used by a criminal street gang", as those terms -are used in Penal Code sections 186.22 through 186.28. Premises) used by a criminal street gang" means a "premise" defined in Penal Code section 186.22a. J. "Gang related nuisance" means "gang activity" that is conducted at or from premises regulated by this Chapter 10.20. K. "Responsible party" is as defined in section 1.36.010, and includes an owner or occupant defined in this section. 10.20.020 Prohibition. A. No owner shall knowingly cause, permit, allow, aid or abet drug dealing activity or purpose, or a drug -related nuisance, gang activity or a gang related nuisance, as defined herein on premises owned or controlled by that owner. B. No occupant shall knowingly commit an act or permit, allow, suffer or aid and abet another occupant of that premise to commit an act constituting a drug dealing activity or purpose, a drug -related nuisance, gang activity or a gang related nuisance, as defined herein, on premises occupied or controlled by that occupant. C. Except as provided in section 10.20.070, violation of this subsection constitutes the maintenance of a public nuisance and may be prosecuted as a misdemeanor. No prosecution may be instituted against an owner, occupant or other responsible party under this section until that party is first notified by the City Attorney regarding the existence of the activity constituting the public nuisance in accordance with section 10.20.030 and has failed to abate the nuisance. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 3 of 4 10.20.030 Notice of violation —Order. If the city attorney determines that any premises within the city are being used or maintained in violation of section 10.20.020, the city attomey may order the owner or other responsible party of that premise to comply with the requirements of this Chapter. The order shall be given to the owner or other responsible party either by personal service or by a letter sent by both certified mail and first-class mail, the receipt of either shall constitute service of notice. The order shall include a description of the premises and information establishing that the premises are being used in violation of section 10.20.020. Nothing herein shall be interpreted as authorizing the release of information which would violate an individual's right to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any premises or seizure of any property by an owner under color of authority of the city or any employee or official thereof. 10.20.040 Failure to comply with notice of violation. Within sixty days of receipt of the notice and order described in section 10.20.030, an owner shall in good faith, if required by section 10.20.030, give notice as required by law and bring an action to recover possession of and to evict an occupant or occupants from, premises described therein. If the owner fails to comply with this section, the city attorney may take civil or criminal action, or both, to enforce this Chapter. Good faith compliance may be shown by the owner obtaining the voluntary surrender of the premises from the occupant, the owner commencing and prosecuting an unlawful detainer proceeding, or by the owner pursuing any other lawful means to obtain possession from the occupant. 10.20.050 Declaration of public nuisance. In addition to any other enforcement action, the city attomey may declare an alleged violation of section 10.20.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code section 11570 or Chapter 1.36 of this code. It shall not be a prerequisite that an owner or occupant be convicted of an underlying offense or crime before a public nuisance may be declared to exist. 10.20.060 Construction. Nothing contained in this chapter shall be construed to be interpreted in such a way as to create a principal -agent relationship between the City and the owner. Nothing herein shall prohibit the owner from complying with this chapter by commencing and prosecuting unlawful detainer proceedings based on legal grounds other than drug or gang related activity nor shall it preclude such proceedings because of a drug or gang related nuisance. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 4 of 4 10.20.070 Sale or display of drug paraphernalia —prohibited. A. The sale or display of merchandise meeting the strict definition of "drug paraphemalia" is prohibited on all premises, excepting premises exempted by Health and Safety Code section 11364.5 (f). This section is regulatory only, and violation of this section shall be grounds for the revocation, suspension or denial of a permit or business license required for the lawful operation of a commercial or industrial business. The provisions and procedures of section 1.12.030 and Chapter 1.42 are applicable to violations of this section. B. This section shall not apply to cigarette rolling papers that are sold or displayed in connection with the sale of loose tobacco products. 10.20.080 Severability. If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. 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 Chapter 10.20 Illegal Drug Activity City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19th, 2004 OLD BUSINESS 19 AGENDA ITEM NO. (ITEM TITLE CITYWIDE RADIO SYSTEM: CONCEP /APPROVAL MEC ACQ LFO '�NZALES PREPARED BY POL CE SUPPORT SERVICES DEPARTMENT F OF POLICE MANAGER NATIONAL CITY POLICE DEPARTMENT EXPLANATION Purchase of a new radio system is consistent with the Public Safety Initiative by providing better Police, Fire, and City services to ensure the well-being of the community. On May 4th, 2004, Council was presented with the current problems that City of National City radio users encounter including: -non-availability of parts -notorious dead spots -total loss of communications You were also given the benefits of joining the Regional Communications System (RCS) including: -ability to communicate amongst different agencies -new technologies -cost sharing of transmission equipment -24/hours a day, 7 days a week monitored system -community public safety benefit Council gave concept approval for the replacement of our current old communications system and joining the RCS. Staff was asked to return with a review of financing approaches. Please see attached for detail. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Review financing options presented by the City's financial advisor, Ruben Mendoza, and give concept approval to the preferred funding vehicle. Direct Staff to return at a subsequent meeting with implementation documents. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Staff Report, Funding Proposal Resolution No. A-200 (9 80) A-200 CITYWIDE RADIO SYSTEM: CONCEPT APPROVAL ON FUNDING MECHANISM TO ACQUIRE (continuation) In March of this year the Mayor and City Council identified Public Safety as the top policy priority. At that time, problems with current radio system were reviewed and plans to join the Regional Communications System (RCS) were advanced. More than any others, two reasons stand out to immediately move the City from our own private system to the RCS: 1. Hardware components of our 10-year old existing system have begun to fail and the hardware vendor, Motorola, has announced hardware and software support will stop being offered by 2006, at the latest, and; 2. Just as we did strategically with the old financial management software(called the Prime) about 5 years ago — our goal has to be to bring a new system on line before the current one stops functioning. Staff has been working with County of San Diego to provide access for the City of National City to join the San Diego County Regional Communications System (RC). In anticipation of the this approval, staff has been working with County of San Diego's 800 MHz vendor, Motorola Communications and Electronics, to design a radio system with appropriate equipment components which would work best with County of San Diego system and meet the communications needs of the ity of National City Police, Fire, Finance, Public Works, Engineering, Planning, Building, and Parks and Recreation Departments. Another important goal of the project is to establish much -needed "interoperability" between the various local and outside agencies; that is to give personnel from different agencies the ability to communicate effectively with each other during joint operations. This project is designed to increase the overall effectiveness of very limited personnel resources operating within our own city limits and in a very large geographic area of San Diego County, enabling well coordinated cooperative actions aided by clear , effective mobile communications. What happens if the system is not upgraded? The City will not escape paying for the system replacement and purchasing new user equipment. Motorola estimated that in order to continue using our existing system, replacement costs would be approx $4,000,000.00. There are several reasons why that cost is so high. All the existing stationary equipment would have to be replaced due to its age and non -availability of parts and software. Relocation of existing antenna to a higher location to provide for proper coverage would be necessary. System cost total to move to RCS: The total cost of joining RCS and upgrading our existing 800 Mhz system would be approx $2.4 million. The San Diego Regional Communications System cost, is divided into two areas; Buy -In and nfrastructure/user equipment. 1. "Buy -in" is the upfront one time cost to become an RCS member; $887,714.00 for the City of National City. 2. "Infrastructure and User equipment" would provide everything necessary for all City users to connect to the RCS - $1,428,673.85 a. Repeaters, Channel Banks, Dispatch Center Console Upgrade, Engineering, Installation, Project Management, System Integration, Staging, Freight and Dismantling of old existing equipment. b. Replacing all older analog mobiles, portables and control stations. c. Ongoing (RCS) annual network operating cost and hardware maintenance: additional $120,000.00 Initial Cost savings of joining the RCS versus upgrading our current system would be approx $1.6 million ($4,000,000.00 less $2,400,000.00) Implementation: Motorola and RCS estimate that a 6-8 month time line would be required to complete the project. Financing: Refer to attached review by Ruben Mendoza of Estrada-Hinojosa and to attached project cost summary. Recap - 800MHZ Radio Project - Project Cost Estimates TEN Motorola Component Costs Project Cost Approx. Annual Debt Service if Financed Probable Financing Term Description $ 887,714 $ 157,048 7-yr. RCS 1-Time System Buy -In & programming (a) $ 1,428,674 $ 148,340 10-yr. Motorola hardware, software, engineering, installation, shipping & tax (b) $ 123,744 Dispatch Center $ 358,702 Police $ 209,058 Fire $ 252,908 Public Works $ 61,599 Antenna equipment $ 77,966 Tax $ 335,974 Engineering and installation $ 8,723 Freight $ 2,316,388 $ 305,388 (c) Other Cost Elements: $ 120,000 $ 20,000 $ 7,200 $ (65,441) $ (21,752) 1st Year RCS Network Maintenance Fees (already part of MIS budget for FY 04-05) 1-time "headend" equipment to connect City to RCS "T-1" Data Connection from City to RCS - Annual Cost "Fire Act" Grant to City - Will reduce amount financed by this amount Net annual reduction in Day Wireless cost for hardware maintenance servicing (Current contract = $31,952. New contract = $10,200) Notes: (a) The rate & term are still being shopped in the marketplace. (b) Years 1, 2 & 3 of Motorola hardware maintenance are included in their quoted price. (c) A reserve account or contingency will likely be added to the project amount before financing is secured. 10/11/2004 4:55 PM RCS100604.xls To: Park Morse, Assistant City Manager From: Ruben Mendoza, Financial Advisor RE: For Staff Report on RCS System for October 19.2004 Council Meeting Date: October 11, 2004 Park, per your request below please find the items you wanted addressed for the staff report for the above -referenced meeting. 1.) How a Private placement works: In a Private Placement an issuer negotiates directly with an investor to fund a specific project. Cost savings are realized because instead of a full blown bond issue with costs for bond attorneys, insurance, ratings, printing, trustee etc..., an issuer and investor work with documents that have already been diligently reviewed by various attorneys and are generally accepted out in the marketplace. Under a private placement terms and structure of a fmancing are negotiated to best suit both parties. 2.) Motorola Financing versus Institutional Investor: We contacted various financial institutions who we knew were active purchasers and investors of municipal tax-exempt paper. We standardized the Motorola proposal so investors could quote on similar terms and structure. Motorola indicated that their July numbers were stale since so much time had passed so Motorola was given the opportunity to requote their proposal. Below is their final quote compared to the lowest quote received from a financial institution, Zion's First National Bank. Based on a cost of $1,428,673.85 the first year Motorola cost would be $324,443.03 versus $292,589.67 for Zions. Motorola 1.) 5 year = $324,443.03 @ 4.39% 2.) 7 year= $242,625.53 @ 4.52% 3.) 8 year= $217,930.09 @ 4.65% 4.) 10 year=$183,763.99 @ 4.86 Tenn Zion's First National Bank Savings 5 year= $292,589.67 @ 4.130% $20,823.96 7 year= $209,909.19 @ 4.27% $29,192.85 8 year= $184,168.09 @ 4.330% $38,304.31 10 year= $148,339.78 @ 4.46% $47,307.65 The Motorola proposal also contained a clause stating that their rates were subject to change at time of funding. Zion's proposal contained no such clause. Rates for both would be fixed for the term of the contract once signed. RECOMMENDATION: Zion's First National Bank 3.) RCS Buy -in: The RCS is offering to finance the National City buy -in @ 5.56 % annual interest. It is my belief that there are better rates in the marketplace. We are pursuing negotiations with financial institutions to find the City a more competitive interest rate for the buy -in. RECOMMENDATION: We will pursue alternative financing options to present to City staff and Council and should have these options within a week. City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS EETING DATE Odober 19. 2004 AGENDA ITEM NO. 20 ITEM TITLE APPROVAL AND ISSUANCE OF WRITTEN REPORT PERTAINING TO MORATORIUM ORDINANCE ON THE ESTABLISHMENT OF CHECK CASHING AND PAYDAY ADVANCE BUSINESSES PREPARED BY George H. Eiser, III 0 DEPARTMENT City Attorney EXT. 4221 EXPLANATION At the December 2, 2003 City Council meeting, the Council enacted Ordinance No. 2003-2232, an urgency interim ordinance imposing a 45-day moratorium on the establishment of check cashing and payday advance businesses in the city. On January 6, 2004, the Council held a public hearing, and adopted Ordinance 2003-2238, extending the moratorium for 10 months and 15 days. Accordingly, the moratorium will expire on November 19, 2004, unless again extended. Section 2 of Ordinance No. 2003-2238 directed the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing and payday advance businesses. The Planning Commission considered this matter at their October 4 meeting, and directed staff to proceed with developing regulations for these businesses. An item will be placed on the November 16 agenda for the City Council to consider extending the moratorium for an additional 12 months. Prior to doing so, the Council must issue a written report describing the measures taken to alleviate the condition that led to the adoption of the moratorium ordinance. In order to meet this requirement, the attached report is submitted for Council approval and issuance. CEnvironmental Review N/A Not a project under CEQA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve and issue report. BOARD / COMMISSION RECOMMENDATION At their October 4 meeting, the Planning Commission directed staff to proceed with developing regulations. ATTACHMENTS ( Listed Below Resolution No. 1. Memorandum from Deputy Director of the Community Development Commission, Robert Paz 2. Report A-200 (Rev. 7/03) Preserving History.. Shaping the Future 04: SEP 28 PH 2: 48 CFI v 0 Community Development Commission of National City L. CITY TO: GEORGE EISE' R4 ER POST 10 FROM: ROBERT PAZ SUBJECT: CHECK CASHING & PAYDAY ADVANCE BUSINESS MORATORIUM DATE: 9/28/2004 CC: LETICIA QUINTERO According to the National City's Finance Department the Business Licenses' office confirmed ten Checks Cashed and Advanced Payday businesses are located within National City. On January 6, 2004, the City Council passed and adopted an ordinance extending as: moratorium on the establishment of Check Cashing and Payday Advance businesses. The action was a direct result of the excessive number of "Check Cashing" businesses in the redevelopment areas. The ordinance was adopted to protect residents from a direct economic threat to the public's health, safety and welfare. On March 2, 2004, Community Development Commission staff reported to the Commission that it met with various organizations and undertook a plan to protect residents from the predatory lending brought by these businesses. As a result, San Diego Reinvestment Task Force, Consumer's Union, and ACORN had agreed to participate with future efforts. In addition, Community Development Commission staff visited each business and confirmed that all the establishments were in compliance with regulation of The Truth in Lending Act which requires lenders to disclose all loan costs, true interest as an annual percentage rate and total number of payments. In it's research, staff noted the following. "Payday lending has grown rapidly over the last decade. The payday industry trade association estimates that in 2002 there were approximately 7,000 payday offices in the U.S. that made 65 million payday loans and took in $2.4 billion in fees. The industry is projected to mote than double in size over the next few years. The growth in the payday industry has been fueled by very high profits -an estimated 34% pre-tax return on sales. Payday lenders need only a small amount of cash to make loans, because they lend it over and over again. Moreover, these lenders charge annual interest rates of 400% or more, which is much higher than the risk these loans carry -Payday lenders lose only 10-15% of their revenue to bad debt." according to btp://uwwpredntoglending.org/payday/index.gem As such, actions to protect consumers against the industry have been made and continue to be made on a state level by advocacy groups as well as class action lawsuits in the federal district courts. Local efforts by municipalities have focused on adopting ordinances such as in the case of West Valley City, Utah. The West Valley City Council proposed a formula to be established which allowed one business for every 10,000 citizens. In addition, there would be a separation from residential/commercial use of 600 feet and a separation between businesses of 600 feet. If National City adopted such a formula the maximum number of establishments would be six. An aggressive option not in existence to the best of staffs research would be to create a special tax for check cashing/payday advance businesses. The revenue generated would be set aside for educating National City residents on banking, personal finance, lending practices and first time homebuyer workshops. 2 REPORT ON MORATORIUM ORDINANCE ON THE ESTABLISHMENT OF CHECK CASHING/PAYDAY ADVANCE BUSINESSES Since the adoption of the urgency moratorium ordinance on December 2, 2003, and its extension on January 6, 2004, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Reviewed existing development regulations. It has been determined that the City's General Plan contains no direct references to check cashing or payday advance businesses. The use "Check Cashing Service" is listed under Use Group 27, Offices and Studios, in the City's Land Use Code and is thus a permitted use in all of the City's commercial zones except for CA (Commercial Automotive). It is a conditional use in the IC (Institutional Civic) and IP (Institutional Private) zones and is prohibited in all other zones. In a zone where it is a permitted use, the only requirement would be for the applicant to obtain a City business license. Discretionary review would be possible in several limited situations. A check cashing business for instance could be proposed as part of a new shopping center. The shopping center itself would require a conditional use permit, allowing conditions to be applied, which could further regulate all known uses proposed for the center. Additionally, a planned development permit would be required if a new building was being constructed to accommodate a check cashing business on a property containing a planned development overlay zone. 2. Inventoried existing check cashing businesses in National City. The City's Finance Department researched business license records and determined that there are ten existing check cashing businesses in the City. It is interesting to note that eight of these businesses are located on two streets in the City, Plaza Boulevard and Highland Avenue. 3. Reviewed pending permit applications. The various City departments reviewed their various pending applications to determine if any would facilitate a check cashing/payday advance business. The remodeling of the former Taco Bell at the southwest corner of 16th and Highland was identified. It appears that a proposed shopping center at the northwest comer of Plaza Boulevard and Highland Avenue is also affected. 4. Reviewed with Planning Commission The moratorium ordinance directed the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing businesses and payday advance businesses. The Planning Commission considered the matter at their October 4 meeting, and directed staff to proceed with developing regulations for these businesses. Given their proliferation in the City, there may be a need to adopt additional land use controls regarding this type of business. The Land Use Code could be amended to require a Conditional Use Permit prior to the establishment of a check cashing/payday advance business. This would allow case -by -case review of each proposal as well as the placement of operating conditions and design controls on each one. A number of specific plans are currently being prepared for several areas of National City. These specific plans could include additional regulations for check cashing/payday advance businesses within the plan boundaries. In addition, separation requirements, such as are used for various types of businesses selling alcoholic beverages could be established. Lastly, the Land Use Code could be amended to establish a formula which would limit the number of check cashing and payday advance businesses according to population, e.g. one business for every 10,000 residents. The check cashing/payday ordinance issue appears to involve more than just land use. Title 10 Division VII of the Municipal Code addresses consumer protection. This portion of the Code has been reviewed; new language could be added which focuses on checking cashing and payday advance activities. City of National City, California COUNCIL AGENDA STATEMENT *REFER TO ITEM #7 EETING DATE October 19, 2004 AGENDA ITEM NO21 . / ITEM TITLE REGULATION AND LICENSING OF PARATRANSIT VEHICLES, INCLUDING JITNEYS, CHARTER VEHICLES, LOW SPEED VEHICLES AND NON -EMERGENCY MEDICAL VEHICLES PREPARED BY George H. Eiser, III 'DEPARTMENT City Attorney EXT. 4221 EXPLANATION At the September 7, 2004 workshop meeting, the City Council made a decision to have the licensing and regulation of taxicabs returned to the City from MTDB. At the September 21 Council meeting, the Council authorized the extension of the agreement with MTDB until October 31, 2004, to provide a period of transition for the change. Under the current agreement with the City, MTDB regulates and licenses paratransit vehicles in addition to taxicabs. "Paratransit vehicles" include jitneys, charter vehicles, low speed vehicles and non -emergency medical vehicles. In discussions between City and MTDB staff to facilitate the transfer of functions, the question has arisen as to whether it was the City Council's intention to have regulation and licensing of paratransit vehicles, as well as taxicabs, transferred to the City. Direction from the City Council is requested on this issue. ( Environmental Review Financial Statement N/A X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (Rev. 7/03) ETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 19, 2004 AGENDA ITEM NO. 22 7-ITEM TITLE Discussion by the city Council regardmg removmg additive alternate Alley #11, south of Fourth Street between Highland Avenue and I Avenue, from the National City Alley Improvement Project and including as the alternate Alley #99 — north of 24th Street between F Street and Highland Avenue to the project, to be constructed if budgeted funding permits PREPARED BY Alberto Griego EXPLANATION 336-4386 DEPARTMENT See attached Public Works/Engineering CEnvironmental Review X N/A Financial Statement Funding is not determined or available at this time. STAFF RECOMMENDATION Provide direction to Staff BOARD / COMMISSION RECOM E DATIO N/A ATTACHMENTS ( Listed Below ) Approved By: Finance Director Account No. Resolution No. alley A-200 (9 99) EXPLANATION On August 17, 2004, the City Council by resolution #2004-162 awarded the National City Alley Improvement Project to Portillo Concrete, Inc. The project included three alley sections in the base bid, and one alley section in the additive alternate bid. This project was awarded based solely on the base bid cost. The contract allowed the alternative that could constructed if funding permitted. At this time funding does not allow it. Councilman Natividad has suggested a change in the additive alternate. The change is to remove the existing additive alternate alley #11 located south of 4th Street between Highland Avenue and I Avenue and include alley #99 located north of 24th Street between F Street and Highland Avenue. After inspection by staff it was found that alley #99 includes demolition unlike the other alleys in the project. Plans for alley #99 repairs have not been drawn. The eX'isting alley #99 construction materials are asphalt for the roadway and concrete for an existing drainage swale. This will involve demolition of the entire alley so it can be replaced with concrete, with an added cost due to this. It is estimated that this alley will cost approximately $65,000 to construct. This is a change in condition from the original bid specifications and will require a change order. The original bid for the additive alternate was $46,250, for which we don't have sufficient funding due to the construction bid price being $138,020 plus $21,000 for contingencies and $13,800 for inspection, testing and surveying, which makes the total estimated cost of the project to be $172,820 for the base bid, which leaves $27,180 for the alternative alley, if there are no major setbacks. The citizens along the original proposed additive alley #11 are aware of the construction project coming and are expecting this to be done during this fiscal year. In summary there are four alternatives: 1. Leave project as is and do alley #11 if funding permits 2. Add $20,000 to the project to ensure alley #11 is done in project 3. Add $85,000 to project to ensure alleys #11 and #99 are both completed in the work. 4. Remove alley #11 add $40,000 to the project and ensure alley #99 is done in the project. At present the pre -construction meeting with Portillo Concrete, Inc. is set for Oct. 14 with construction starting the first week of November. City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 19, 2004 AGENDA ITEM NO. 23 ITEM TITLE Consolidated Cash and Investment Report as of July 31, 2004 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 July 31, 2004 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. 1 • Environmental Review Financial Statement Not Applicable N/A if • "581G�f� )/° Fin..f e Directo. Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISS ON RECOM ENDATION Concur: tqt- ATTACHMENTS ( Listed Below ) 3. Financial Summary 4. Cash and Investment Balances 5,6. Investment Perfomance �7. Summary of Investment Policy A-200 (9,;99) APPENDIX (S) Resolution No. A. Liquidity Analysis B. Issuer Credit Rating Analysis C. Diversification Analysis Annual Comparison to Other Cities and Countie Cash and Investments Balances by Fund Portfolio Details E. F. City of National City Finance Department CONSOLIDATED CASH AND INVESTMENT REPORT July 31, 2004 P1 Table of Contents Financial Summary 3 Cash and Investment Balances 4 Investment Performance 5,6 Summary of Investment Policy 7 Appendix A: Liquidity Analysis for Improved Safety of Principle Appendix B: Issuer Credit Rating Analysis Appendix C: Diversification Analysis for Improved Safety of Principle Appendix D: Annual Comparison to Other Cities: June 30, 2003 Appendix E: Cash and Investments Balances by Fund Appendix F: Portfolio Details For questions concerning the contents of this report please contact: Alison C. Hunter, CPA City of National City Financial Services Officer (619)336-4332 2 P2 FINANCIAL SUMMARY PURPOSE In compliance with objectives of the City's investment policy and California Government Code Section 53600, investment cash reports for the month ending July 31, 2004 are submitted for your review. Policy objectives in order of importance include: 1.) Safety of Principle, 2.) Liquidity or availability of funds to pay immediate obligations and 3.) Return on Investment to ensure that the management of the investment portfolio is competitive. Further details can be found on subsequent pages and in the Appendix. Treasury Statistics Effective Rates of Retum City Managed Investments Federal Loan (HUD) Money Market Account Local Agency Investment Fund (LAIF) Weight -Average effective rate of return for all investments: 5.03% 1.04% (Library Construction Account) 1.61% 3.42% Safety The City realized no lose of investment principal upon the sale of any investment (Appendix B,C,F). Liquidity Sufficient funds were available on a same day notice to cover 6 months of expenditures as required by law. Return on Investment A benchmark represents expected earnings and is used to gauge performance. The City's benchmark is the 3- month U.S. Treasury Bill. The interest rate on the T-Bill as of July 31, 2004 was 1.43%. In comparison, the interest rate on the City's portfolio managed in-house was 5.03% , up from the previous quarter's 4.28%. The table below shows annual and year-to-date earnings since fiscal year 95/96 (Appendix D, F). COMBINED HISTORY All Accounts Fiscal Year ANNUAL INVESTMENT Year -to -Date EARNINGS Retum on Investment CITY LAIF Money Market FY 04-05 $62,010 5.03% 1.61% 1.04% FY 03-04 $607,172 4.28 1.47 1.04 FY 02-03 $1,129,990 4.89% 2.15% `. FY 01-02 $1,500,217 6.43% 3.45% FY 00-01 $2,642,503 6.22% 6.10% 5"; a FY 99-00 $1,841,539 6.28 /° 5.71% FY 98-99 $1,345,391 Unavailable 5.34%` FY 97-98 $1,478,233 Unavailable 5.68%' FY 96-97 $1,256,907 Unavailable 5.60% FY 95-96 $1,069,923 Unavailable 5.71%u Disclosure Statement In accordance with the California Government Code 53600, the Finance Director certifies that the investments reported in the Cash and Investment Report comply with the City's investment policy and that sufficient liquidity, is available to meet the City's budgeted expenditure requirements for the six months ending December 31, 2004. P3 CASH AND INVESTMENT BALANCES Cash and investments under the management of the Finance Director are categorized into three categories as shown below: ❑ •Unrestricted Funds — Cash and investments primarily in the general fund, which supports the general operations of the City. ❑ Restricted by External Agencies — Cash and investments legally earmarked for a specific use, as may be required by state law, bond covenants, loan or grant requirements. ❑ Designated Internally for Special Projects — Cash and investments in funds that have been reclassified internally for special projects. The value of all cash and investments by category as of July 31, 2004 is shown below. Cash and Investments Amount Allocation Unrestricted 1,332,707 3% Restricted 31,592,416 61% DesignatedInternally 18 851,646 36% Total $51,776,769 100% Point: As the percentage of restricted revenues increases, the City loses its ability. to respond to changing conditions and to citizens' needs and demands. Increases in restricted revenues may also indicate over -dependence on external revenues. Since withdrawing from the San Diego County Investment Pool in fiscal year 95/96 the City's Investment Portfolio has steadily increased as shown in the following graph. However, for the first month of July FY2004/2005, the portfolio decreased by $1.4 million. This decrease is due to expenditures for construction of the Library paid from restricted federal funds invested in a Money Market (39%) $569,589 and to the fact that less cash was available for investment, fifty-three percent (53%) $763,091 INVESTMENT PORTFOLIO HISTORY Dollar Am ount of Assets (Fiscal Year) 560.0 $55.0 - $50.0 - $45.0 - $40.0 535.0 $30.0 $25.0 $23.0 $15.0 - $10.0 $5.0 $0.0 $.7 535.1 37 $29.2 $30.2 $24.E $25.6 522.6 546.E 553.2 FY95- FY96- FY97- FY98- FY99. FV00 FV01- FY02- FY03- FY04- 95 97 98 99 CO 01 09 03 04 05 P4 INVESTMENT PERFORMANCE , A graph of the City's in-house managed investment portfolio vs. 3-month Treasury Bill (not including LAIF and Money Market Account) is exhibited below: The City's portfolio exceeds its benchmark by a generous spread. The curve would be higher if tAIF and Money Market earnings were included. The steep spike in October 2003 was due to an increase in eamings from the sale of investments (capital gains). INTERNAL. INVESTMENT PORTFOLIO Monthly Portfolio Interest Earned July 2003 thru July 2004 8.0% 7.0% - 6.0% 5.0% - 4.0% - • 3.0% - 2.0% 1.0% - 0.0% 0 0 7Co ---- 3-month T-Bill, - Thick line (monthly), Thin -line (year-to-date) September 03 0 0) O 0 November 03 December 03 0 co C co 3 Mt Mt v 0 0 0 r 7 d Q 0) LL 0 0 2 0 0 a) >. C 7 Point: The 3-month Treasury Bill may not be the most appropriate benchmark for this portfolio. The 3-month T-bill is a very short-term instrument and the average investment in the City's portfolio is held for two -years (maturity). It is to be expected that a portfolio with longer -term investments will have a greater rate of return then shorter -term investments. A benchmark should closely resemble the composition of the portfolio it is compared too. The table below summarizes monthly earnings for the last twelve months. INTERNAL PORTFOLIO MONTHLY EARNINGS Month Monthly Monthly Rate Year -To Date Year -To Rate Earnings August 03 44,875 3,99% $87,732 3.96% September 03 45,715 3.92% $133,447 3.94% October 03 90,973 7.13% $224,420 4.82% November 03 48,795 3.75% $273,214 4.58% December 03 49,967 3.69% $323,181 4.42% January 04 66,742 ,5.10% $389,923 4.52% February 04 66,888 5.51% $456,811 4.64% March 04 43,536 3.43% $500,347 4.50% April 04 40,288 3.40% $540,635 4.39% May 04 39,646 3.18% $580,282 4.28% June 04 38,545 3.18% $618,758 4.19% July 04 62,010 5.03% $62,010 5.03% Note: Adjustments for premiums, discounts and capital gains included In earnings. Year -To -Date rate is the ratio of Year To Date Earnings to Fiscal Year To Date Average Daly Balance. P5 INVESTMENT PERFORMANCE Since the maturity of the 3-month T-Bill (i.e three months) does not closely reflect the maturity composition of the City's in-house portfolio ( two years), 1 have provided additional Treasury bills/notes with longer maturities for a more meaningful comparison of performance (benchmark) in the chart below. U.S. TREASURIES Historical Interest Rate Review —12/31/03 (Yields at calendar year end for each maturity date) 2003 2002 2001 2000 1999 1998 3 Month 1.03 1.19 1.72 5.9 5.32 4.48 6 Month 1.08 1.20 1.79 5.63 5.72 4.52 2 Year 1.65 1.74 3.02 4.86 6.21 4.54 5 Year 2.97 2.73 4.30 4.75 6.28 4.54 6 P6 SUMMARY OF INVESTMENT POLICY Function and Duties of the Investment Officer The Finance Director is the Chief Investment Officer of the City. Unlike some municipalities that contract out the investment management function, the City Finance Director manages the investment portfolio in-house. The result is a considerable savings to the City. National City Investment Policy The City's adopted investment policy must conform to State law The City Council periodically reviews and approves the Investment Policy based upon recommendations of the City Finance Director. The policy focuses on risk management by providing specific types of authorized investment securities and diversification requirements for investments; and establishing performance benchmarks and reporting requirements. Allowable Investment Instruments Per State Government Code (as of January 1, 2003) * Local Agency Bonds U.S. Treasury Obligations State of California Obligations, CA Local Agency Obligations • U.S. Agencies Bankers' Acceptances Commercial Paper • Negotiable Certificates of Deposit • Monthly Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Securities Lending Agreements Medium -Term Notes Mutual Funds • Money Market Mutual Funds Collaterized Bank Deposits Mortgage Pass -Through Securities County Pooled Investment Funds • Local Agency Investment Fund (LAIF) • Where the City is Invested. Source: Understanding Public Investment: CDIAC 7 • P7 APPENDIX 8 P8 LIQUIDITY ANALYSIS To ensure that liquidity is maintained investments in the City's portfolio are spread over a variety of maturity limits with an average days remaining to maturity of two years. Per City Policy the weighted average maturity of the City's portfolio should not exceed two years, and the following percentages of the portfolio should be invested based on the following maturity sectors: Maturity Range One day to 180 days 181 days to 360 days one year to two years Suggested Percent 10 to 50% two years to three years 10 to 30% three years to five years 10 to 20% over five years The following chart shows the actual percentage of investments in each sector. . Percentage of Total Portfolio 35% 30% - 25% - 20% - 15% 10% - 5% - 0°% 12% MATURITY DISTRIBUTION By Days to Maturity 33% 33% 15% 0 to 20% 0 to 20% Council Approval Required 1- 180 - 360 1-2 2-3 3-5 over 5 Point: Maturity distribution should be based on projected cash flow needs i.e., the percent of investments at any level of maturity such as one year or two year certificates of deposits should be timed to mature when cash is needed to pay obligations. Securities with three (3) to five (5) year maturities are primarily callable govemment securities. These securities are very seldom held until maturity. Most are called within one (1) year. 9 Appendix A: LIQUIDITY ISSUER CREDIT RATINGS Credit Ratings "Credit ratings provide an important tool to measure credit risk by characterizing an issuer's ability to make future payments of the interest and principal owed on outstanding debt obligations in a timely mariner" 1. Issuer credit ratings published by IDC Financial Publishing, Inc were obtained for the City's portfolio (non-federal securities). Ratings range from 1 (the lowest) to 300 (the highest) and fall into one of the following six groups. RANK Superior (200-300) Description Banks with this rating are the best by all measures. They have favorable capital ratios and consistently high returns on investment. Quantity in City Portfolio 45 Excellent (165-199) These are strong institutions. Their ratios reflect quality management both from a balance sheet and income performance standpoint. 18 Average (125-164) Banks rated Average meet industry capital standards. When compared to excellent and superior rated banks, most exhibit lower quality loans and narrower profit margins. 15 Below Average (75-124) Banks rated Below Average represent institutions under 11 strain. Average loan delinquency is high: In some banks, liquidity ratios demonstrated risk. They are also deemed "Adequately Capitalized" per FDIC capital definitions. Lowest Ratios ,(2-74) • Less than minimum capital. Liquidity ratios demonstrated risk. A high number of failed banks were rated Lowest Ratios prior to failure. Also deemed "Under Capitalized'. 1 Rank of One (1) Highest probability of failure. Without out major balance sheet improvement these banks will fail. Deemed "Critically Under Capitalized" per FDIC capital definitions. 1 All Federal securities are "triple A" (AAA) rated by S&P. The IDC ratio for each individual investment in the City's portfolio is included on the Report of Investment Details in Appendix E under the column heading, "S&P". 1. Source: Understanding Public Investment Reporting: CDAIF Appendix B: RATINGS 10 P10 INVESTMENT DIVERSITY Investment Type The risk of loss on investments is reduced when investments are diversified; by avoiding overconcentration in securities from a specific issuer, business sector (excluding U.S. Treasury securities) or single class of securities (such as commercial paper or bankers acceptances). The following table shows the City's level of diversification as of July 31, 2004: Investment Type Amount Allocation Cash and Equivalents (net)* Certificates of Deposits (Book Value) U.S. Government Agencies (Book Value) Managed Pooled Accounts (LAIF) Money Markets Total (639,280) -1 % 8,402,000 16% 5,694,240 11% 32,993,840 64% 5,325,970 10% $51,776,770 100% Balance is negative to maximize investment earnings by taking advantage of float from outstanding checks. Balance shown net of outstanding checks. The City's Money Market Fund represents restricted proceeds received from the Department of Housing and Urban Development (HUD) for the construction of the New Fire Station. The cash and equivalents represent funds in non -interest bearing accounts net of outstanding checks. The Finance Department maintains the minimum amount of cash in bank accounts to meet daily needs. o Cash and ■ Certificates Equivalents of Deposits O Money�� (Book Value) M arke` ❑ Managed Pooled Accounts (LA IF) • U.S. Govemment Agencies (Book Value) Diversification by Issuers The in-house investment portfolio by institution is also diversified by Issuer with the majority of firms having less then a 1.0 % investment holding Issuers Number of Issuers Broker Firms 3 Banks and Credit Unions 91 Federal Agencies 2 State Agencies 1 Total 97 11 Appendix C: DIVERSITY P 11 Annual Comparison to Other Cities and Counties Fiscal Year Ending June 30, 2003 The information in this appendix was obtained from the Califomia Debt and Investment Advisory Commission (CDIAC) and represents a sample of 56 cities out of 392 who reported financial information to CDIAC for the year ending June 30, 2003. National City's portfolio is in the $23M to $64M range and is invested in 5 different types of investments. In comparison to other cities as shown in the table below National City is more diversified. Number of Different Investment Types in City Portfolios by Portfolio Size (Quarter ending June 30, 2003) Types of Investments Under $8M $SM to $23M $23M to $64M Over $64 1 to 3 4 to 6 7 or more 14 0 0 9 5 0 12 2 0 5 8 1 In comparison to counties with portfolios similar in size National City's year-to-date yield 5.03% is on the high - end as shown in the table below. The weight -average yield for both in-house and LAIF of 3.42% is also above average. The City's average days to maturity of 848 compared to other counties in Califomia is above average. Investments with longer maturities garner an increased yield. Yields and Days to Maturity Comparisons Counties (Quarter ending June 30, 2003) Size Under $76M Number of Reportees in Each Size Category Average 14 Yield (%) High 2.5 Low 1.8 3.7 Days To Maturity Average Low High 304 1 672 12 P12 Appendix D: COMPARISONS Appendix E: FUNDS 13 P13 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS 07/31/04 FUND Category Category NUMBER FUND TITLE Subtotal 109 R GAS TAXES FUND 1,243,341.63 125 R SEWER SERVICE FUND 8,986,609.28 131 R ASSET FORFEITURE FUND 519,440.62 154 R STATE PUBLIC LIBRARY FUND 86,608.97 157 R GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 190 R 30TH STREET CLEANUP FUND - 1303 258,547.76 191 R STOP PROJECT 4,564.40 200 R 30TH STREET CLEANUP FUND - 1304 619,391.79 208 R SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 26,246.44 220 R LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 R WOW MOBILE GRANT FY 2000-2001 9,826.94 229 R CLEEP GRANT 5,405.52 233 R LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 238 R VIDEOCONF.COMM. OF PRACTICE GRANT 4.61 239 R LOCAL LAW ENF BLOCK GRANT FY2002-2003 3,006.04 242 R N. CITY LIBRARY MATCHING FUND 4,766,488.44 247 R LITERACY SERVICES I 7,329.39 250 R NEW FIRE STATION CONSTRUCTION 5,326,343.72 255 R LOCAL LAW ENF BLOCK GRANT FY2003-2004 12,819.36 259 R LIBRARY BONDS DEBT SERVICE FUND 71,018.22 272 R LITERACY INITIATIVES X 2.61 307 R PROPOSITION A" FUND 3,292,335.72 308 R GRANT -HIGHWAY BRIDGE REHAB 537,148.90 312 R STP LOCAL/TRANSNET HIGHWAY 308,963.62 313 R GRANT-CMAQ 159,419.95 316 R CALIFORNIA ENERGY COMM GRANT 8,320.00 343 R STATE -LOCAL PARTNERSHIP 99,763.90 345 R TRAFFIC CONGESTION RELIEF 292,531.54 348 R STATE GRANT 682,080.15 552 R TDA 1,529,280.46 725 R PLANNING 1,595.00 726 R ENGINEERING/PUBLIC WORKS T & A DEPOSITS 144,551.15 727 R BUILDING AND SAFETY T & A DEPOSITS 5,000.00 123 R GRANT -FAMILIES FOR LITERACY 475.52 136 • R TINY TOt CLASSES FUND 9,612.07 145 R JUVENILE EDUCATION FUND 3,706.09 158 R SWIMMING POOL REVOLVING FUND 47,934.48 171 R LIBRARY SCHOOL DISTRICT CNTRCT 43,666.52 172 R TRASH RATE STABILIZATION FUND 358,587.15 174 R SWEETWATER SCHOOL DIST CONTRAC 37,674.45 253 R RECREATIONAL ACTIVITIES FUND 1,506.53 721 R LIBRARY TRUST FUND 46,819.32 120 R PLAN CHECKING REVOLVING FUND 118,851.56 135 R SD COUNTY REG AUTO THEFT TASK 1,944.15 231 R HOUSING PILOT PROGRAM 19,445.79 235 R COPS IN SCHOOLS 42,096.54 246 R WINGS GRANT 11,900.86 302 R CDC PAYMENTS 1,777,986.72 31,592,416.28 103 U/D GENERAL CAPITAL OUTLAY FUND 1,032,627.49 108 U/D LIBRARY CAPITAL OUTLAY 401,840.70 110 U/D EMERGENCY PREPAREDNESS FUND 48,000.00 113 UID CULTURAL ARTS FUND 93,312.00 115 U/D PARK & REC CAPITAL OUTLAY FUND 209,353.96 126 UID FIRE DEPT ACTIVITIES FUND 248.11 130 U/D EMT-D REVOLVING FUND 234,137.75 159 UID GENERAL PLAN UPDATE RESERVE 332,207.58 175 U/D PETROLEUM VIOLATORS ESCROW 5,510.00 176 U/D POLICE REIMBURSED OVERTIME 84,028.97 179 U/D NPT BUS DONATIONS FUND 614.65 189 U/D CIVIC CENTER REFURBISHING 3,306,676.24 195 U/D LANDSCAPE RESERVE 898,943.61 196 U/D CAPITAL PROJECT RESERVE 640,452.00 197 U/D PRODUCTIVITY IMPROVEMENT RESER 75,000.00 198 U/D PROPERTY EVIDENCE SEIZURE 12,781.40 14 P14 203 U/D PARK SECURITY/GTE LEASE 28,000.00 211 U/D SECURITY AND ALARM REGULATION FUND 110,583.20 212 U/D PERSONNEL COMPENSATION FUND 164,185.56 234 U/D EMPLOYEE COMPUTER PURCHASE FUND 6,529.75 270 U/D NUISANCE ABATEMENT FUND 14,937.68 303 U/D CAPITAL FACILITIES FUND 661,982.74 304 U/D PARK DEVELOPMENT FUND 166,083.03 363 U/D SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 U/D FACILITIES MAINT FUND 726,830.42 627 U/D LIABILITY INS. FUND 5,679,471.07 628 U/D GENERAL SERVICES FUND 18,715.81 629 U/D INFORMATION SYSTEMS MAINTENANC 84,558.08 630 U/D OFFICE EQUIPMENT DEPRECIATION 2,374,955.89 631 U/D TELECOMMUNICATIONS REVOLVING 471,636.31 632 U/D GENERAL ACCOUNTING SERVICES 251,020.32 633 U/D UNEMPLOYMENT INSURANCE RESERVE 160,449.08 644 U/D EQUIPMENT REPLACEMENT RESERVE 520,000.00 18,851,645.90 001 U GENERAL FUND 1,332,706.88 1,332,706.88 TOTAL ALL FUNDS 51,776,769.06 51,776,769.06 R=Restricted U/D= Unrestricted/Desigated Internally U= Unrestricted General Fund 15 P15 PORTFOLIO DETAILS The attached report contains the details of the City's in-house investment program. Additional information concerning the performance of the City's portfolio may be derived from this report. For example, interested parties may assess unrealized gains and losses or the difference between was paid for an investment and the current market value. Appendix F: DETAILS 16 P16 Investments City of National City Portfolio Management Portfolio Summary July 31, 2004 City of National Cify Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 8,402,000.00 8,411,293.78 8,402,000.00 59.60 765 414 2.794 2.833 Negotiable/Transferable CDs 594,000.00 596,300.83 486,773.38 3.45 1,669 396 10.668 10.816 Federal Agency Securities 5,200,000.00 5,176,043.00 5,196,237.50 36.88 1,784 1,588 2.826 2.865 Pass Through Securities 10,774.20 11,301.49 11,228,87 0.08 4;595 2,525 7.605 7.711 Investments 14,206,774.20 14,194,939.10 14,096,239.75 100.00% ' 1,175 848 3.082 3.125 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year 62,010.35 62,010.35 Average Daily Balance 14,521,098.39 14,521,098.39 Effective Rate of Return 5,03% 5.03% Marylou Matienzo, Director of Finance Sun Dale: 09/02/2004 - 15:52 Portfolio CNC CC PM (PRF_PM1) SymRept V5.021 - CO City of National City Portfolio Management Page 2 Portfolio Details - Investments July 31, 2004 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 172 2,200. 330 06/27/2005 10958 American Home Bank 04/22/2004 - 99,000.00 99,000.00 99,000.00 2.930 208 2.930 631 04/24/2006 10957 American Bank, N.A. 04/26/2004 99,000.00 99,000.00 99,000.00 2,700 135 2.700 633 04/26/2006 10852 Bank of Bonifay 06/11/2003 95,000.00 95,000.00 95,000.00 2.350 260 2.350 314 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,012.87 99,000.00 2.750 235 2.750 8 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 289 3.300 72 10/12/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 95 11/04/2004 10877 Boardwalk Bank 08/07/2003 99,000.00 99,000.00 99,000.00 2.250 171 2.250 372 08/08/2005 10755 Bank of Little Chute 08/07/2002 99,000.00 99,003.96 99,000.00 2.800 272 2.800 5 08/06/2004 10923 Brand Banking Company 01/23/2004 99,000.00 99,000.00 99,000.00 2.655 255 2.855 538 01/21/2006 10970 Busey Bank of Florida 05/20/2004 99,000.00 99,000.00 99,000.00 3.110 141 3.110 657 05/20/2006 10959 Business Bank of Fox River Vly 04/23/2004 99,000.00 99,000.00 99,000.00 2.750 174 2.750 631 04/24/2006 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 268 2.150 328 06/25/2005 10889 Capital Bank & Trust Co. 09/11/2003 99,000.00 ^ 99,000.00 99,000.00 2.500 183 2.500 407 09/12/2005 10981 Capital One Bank 07/09/2004 ' 100,000.00 100,000.00 100,000.00 3.340 300 3.386 707 07/09/2006 10967 Capitol City Bank & Trust 05/10/2004-!99,000.00 99,000.00 99,000.00 2.800 232 2.800 647 05/10/2006 10982 Capital One FSB 107/09/2004 100,000.00 100,000.00 100,000.00 3.300 300 3.300 707 07/09/2006 10900 Carolina Trust Bank 10/01/2003 99,000.00 99,000.00 99,000.00 2.500 104 2.500 426 10/01/2005 15546 10901 Corn Belt B & T Co . 10/07/2003 98,000.00 98,000.00 98,000.00 2.710 268 2.710 432 10/07/2005 10960 Centennial Bank of the West 04/30/2004 99,000.00 99,000.00 99,000.00 2.750 161 2.750 638 05/01/2006 10937 Chattahoochee National Bank 02/13/2004 99,000.00 99,000.00 99,000.00 2.720 93 2.720 561 02/13/2006 177707ACO 10702 City Bank 05/15/2002 95,000.00 97,937,40 95,000.00 4.900 167 4.900 1,017 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 237 2.150 113 11/22/2004 10905 Citizens Natl. Bank of Quitman 10/06/2003 99,000.00 99,000.00 99,000.00 2.500 - 169 2.500 431 10/06/2005 10976 Commercial Savings Bank 06/29/2004 99,000.00 99,000.00 99,000.00 3.300 114 3.300 697 06/29/2006 ' 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 167 2.960 117 11/26/2004 10800 Frirst Security Bk of Conway 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 258 3.250 92 11/01/2004 10925 First Cherokee State Bank 01/26/2004 99,000.00 99,000.00 99,000.00 2.800 124 2.800 543 01/26/2006 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 25 2.850 201 02/18/2005 10983 First Western Bank 07/09/2004 99,000.00 99.,000,00 99,000.00 3.300 244 3.300 708 07/10/2006 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 - 102,484,80 99,000.00. 5.150 182 5,150 786 09/26/2006 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 173 2.150 358 07/25/2005 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 97,839.55 95,000.00 4.850 218 4.850 1,017 05/15/2007 10888 Forreston State Bank 09/03/2003 99,000.00 99,000.00 99,000.00 2.500 200 2.500 401 09/06/2005 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 182 2.550 235 03/24/2005 10980 Garden City Stale Bank 07/01/2004 99,000.00 99,000.00 99,000.00 3.860 193 3.711. 701 07/03/2006 Run Dale' 09/02/2004 - 15:52 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02r City of National City Portfolio Management Portfolio Details - Investments July 31, 2004 CUSIP Average - Purchase Investment # - Issuer Balance Date Certificates of Deposit - Monthly 10969 Greatbank Algonquin 05/10/2004 99,000.00 99,000.00 99,000.00 2.900 208 2.900 647 05/10/2006 10924 Guernsey Bank 01/23/2004 99,000.00 - 99,000.00 99,000.00 2.660 110 - 2.650 540 01/23/2006 10975 Heritage Bank of Ashland 06/24/2004 99,000.00 99,000.00 99,000.00 3.250 10936 111 3.250 694 06/26/2006 Heritage Community Bank 02/05/2004 99,000.00 99,000.00 99,000.00 2.750 155 2.750 553 02/05/2006 10986 Home Federal Bank of Hollywood 07/23/2004 99,000.00 99,000.00 99,000.00 3.200 266 3.200 722 07/24/2006 10880 Home Bank of Arkansas 08/13/2003 99,000.00 99,000.00 99,000.00 2.450 134 2.450 379 08/15/2005 10908 Horizon Bank 10/31/2003 99,000.00 99,000.00 99,000.00 2.800 215 2.600 456 10/31/2005 10846 International Bank of Chicago 05/14/2003 99,000.00 99,000.00 99,000.00 2.550 274 2.550 288 05/16/2005 10953 Islands Community Bank, N.A. 04/30/2004 99,000.00 99,000.00 99,000.00 2.760 138 2.760 638 05/01/2006 10927 Jacksonville Bank 01/07/2004 99,000.00 99,000.00 99,000.00 2.860 - - 124 2.860 524 01/07/2006 10904 Lake Country State Bank 10/02/2003 99,000.00 99,000.00 99,000.00 2.550 170 2.550. 428 10/03/2005 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 215 2.800 194 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 190 2.750 211 02/28/2005 10851 10736 MBNA America 06/05/2003 99,000.00 - ^ 99,000.00 99,000.00 2.430 300 2.430 308 06/05/2005 Mercantile T&SB 08/04/2002 99,000.00 99,000.00 99,000.00 4.250 211 4.250 37 09/07/2004 10864 Mutual Bank 633360AB1 07/03/2003 : 99,000.00 99,000.00 99,000.00 2.000 197 2.000 - 338 07/05/2005 10756 National Bank of Commerce '08/08/2002 95,000.00 95,015.20 10859 95,000.00 2.800 285 2.800 8 08/09/2004 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 300 2.100 351 07/18/2005 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 204 2.350 267 04/25/2005 10928 Network Bank 01/21/2004 . 99,000.00 99,000.00 99,000.00 2.700 247 2.700 537 01/20/2006 10906 . Oceanside Bank 10/20/2003 99,000.00 99,000.00 99,000.00 2.500 179 2.500 445 10/20/2005 10907 Ocwen Federal Bank FSB 10/27/2003 99,000.00 99,000.00 99,000.00 2.730 160 2.730 449 10/24/2005 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 158 2.350 172 01/20/2005 10850 Orion Bank - 06/05/2003 99,000.00 - 99,000.00 99,000.00 2.228 256 2.226 309 08/06/2005 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 283 2.100 361 07/28/2005 10916 Parke Bank 11/20/2003 99,000.00 99,000.00 99,000.00 2.500 259 2.500 4.14 09/19/2005 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00. 99,000.00 2.300 251 2.300 277 05/05/2005 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 192 3.400. 28 08/27/2004 10776 Plains Capital 8ank/PNB Fin. 09/24/2002 99,000.00 99,000.00 99,000.00. 3.250 157 3.250 54 09/24/2004 10917 Premier Bank of Wilmette 11/25/2003 99,000.00 99,000.00 99,000.00 2.550 169 2.550 481 11/25/2005 10774 Peoples State Bank 09/12/2002 . 99,000.00 99,000.00 99,000.00 3.450 137 3.450 43 09/13/2004 10984 Security Bank 07/12/2004 99,000.00 99,000.00 99,000.00 3.500 247 3.500 710 07/12/2006 10939 Southern Bank 02/04/2004 99,000.00 99,000.00 99,000.00 2.750 165 2.750 552 02/04/2006 10878 Southern National Bank -Texas 08/29/2003 99,000.00 99,000.00 99,000.00 2.750 164 2.750 389 08/25/2005 10968 Sovereign Bank 05/10/2004 100,000.00 100,000.00 100,000.00 2.930 . 209 2.930 647 05/10/2006 10943 State Farm Financial Svcs, FSB 03/08/2004 100,000.00 100,000.00 100,000.00 2.810 103 2.810 582 03/06/2006 Par Value Market Value Page-3 Stated Book Value Rate S&P 365 Maturity Date YTM/C Days to Maturity 'n Date: 09/02/2004 - 15:52 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Page 4 Portfolio Details - Investments July 31, 2004 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 222 3.390 79 10/19/2004 10946 Key Bank(SterlIn9 Bank & Trust 01/25/2004 99,000.00 99,000.00 99,000.00 2.230 141 2.230 541 01/24/2006 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 94 2.800 198 02/13/2005 10890 Texas State Bank 09/26/2003 99,000.00 99,000.00 99,000.00 2.620 276 2.620 390 08/26/2005 10914 Total Bank 11/26/2003 99,000.00 99,000.00 99,000.00 2.450 138 2.450 396 09/01/2005 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 222 3.050 180 01/28/2005 10918 Trinity Bank 1 t125/2003 99,000.00 99,000.00 99,000.00 2.850 108 2.650. 481 11/25/2005 - 10853 Union Credit Bank 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 /20/2005 10985 Union National Bank of Elgin, 07/18/2004 99,000.00 99,000.00 99,000.00 3.500 275 3.500 242 2.300 323 0717 07/19/20066 10926 Washington State Bank 01/27/2004 99,000.00 99,000.00 99,000.00 2.850 98 2.850 544 01/27/2006 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 300 2.250 363 07/30/2005 10809 Webster Five Cents Savings Bk. 01/30/2003 - 99,000.00 99,000.00 99,000.00 2.920 253 2.920 182 07/30/2005 10836 West Pointe Bank 04l10/2003 99,000.00 89,000.00 99,000.00 2.350 239 2.350 253 04/11/2005 Subtotal and Average 8,905,774.19 ,. 8,402,000.00 8;411,293.78 - 8,402,000.00 2.833 414 NegotiablelTransferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 275 15.799 194 02/1112005 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 - 74,790.18 6.760 163 15.798 165 ol/13/2005 10870 Investors Community Bank 07/29/2003 99,000.00 98,363.43 98,212.95 1.550 212 2.000 288 05/13/2005 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 97,937.40 95,000.00 4.900 128 4.900 1,002 04/30/20075 10329 Community Trust Bk/Mt.Veman 02/26/1999 100,000.00 100,000.00 69,971.36 5.800 213 14.552 409 0/14/2005 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 273 16.505 186 02/03/2005 Subtotal and Average 552,802.52 594,000.00 596,300.83 486,773.38 10,816 396 Federal Agency Securities 3128X1007C 10842 Federal Home Loan Bank 05728(2003 100,000.00 99,631.00 100,000.00 3.000 �• , 2.940 1,396 05/28/2008 31339XTQ7C 10849. Federal Horne Loan Bank 06/30/2003 100,000.00 98,656.00 100,000.00 2.250 •r 2.200 1,429 06/30/2008 31339Y6G2C 10856 Federal Horne Loan Bank 07/17/2003 100,000.00 98,875.00 99,937.50 2.500 AAA 2.413 1,446 07/17/2008 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 100,000.00 99,031.00999,750.00 2.500 AAA 2.453 1,453 07/24/2008 31339YPB2C 10858 Federal Horne Loan Bank 07/30/2003 100,000.00 99,938.00 100,000.00 - 3.000 AAA 2.900 1,459 07/30/2008 31339X0N7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 98,188.00 100,000.00 2.500 AAA 2.400 1,431 07/02/2008 31339XQN7 10867 Federal Home Loan Bank 07/02/2003 100,000.00 98,188.00 100,000.00 2.500 AAA 2.400 1,431 07/02/2008 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000.00 98,875.00 100,000.00 2.500 AAA 2.400 1,446 07/17/2008 31339YYD8C 10872 Federal Home Loan Bank 08/13/2003 100,000.00 99,688.00 100,000.00 3.000 AAA 3.000 1,473 08/13/20087 31339YVS8C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 99,125.00 100,000.00 2.500 AAA 2.500 1,474 08/14/2008 3133X0AE9C 10874 Federal Horne Loan Bank 08/20/2003 100,000.00 100,031.00 99,937.50 2.500 AAA 2.513 1,480 08/20/2008 3133X0DE6 10875 Federal Horne Loan Bank 08/26/2003 100,000.00 100,063.00 100,000.00 3.000 - AAA 3.000 1,486 08/26/20080 Run Dale: 09/02/2004 - 15:52 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2004 Page'5 CUSIP Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par.Value Market Valuee Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3133X0AE9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 . 100,031.00 100,000.00 2.500 AAA 2.500 1,480 08/20/2008 31339YYD8 10882 Federal Home Loan Bank 08/13/2003' 100,000.00 99,688.00 100,000.00 3.000 AAA 3.000 1,473 08/13/2008 3133X0789 10883 Federal Home Loan Bank 08/20/2003 - 100,000.00 100,063.00 100,000:00 - 3.000 3133X1LS4C 10898 AAA 3.000 1,480 08/20/2008 Federal Home Loan Bank 10/30/2003 100,000.00 100,000.00 99,900.00 3.000 AAA 3.022 1,551 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 100,000.00 99,813.00 99,375.00 2.750 3133X1 U54C 10911 AAA 2.885 1,551 10/30/2008 Federal Home Loan Bank 11/14/2003 100,000.00 100,031.00 99,812.50 3.000 AAA 3.041 1,566 11/14/2008 3133X24X0C 10913 Federal Horne Loan Bank 11/28/2003 100,000.00 100,094.00 99,562.50 3.000 AAA 3.095 1,580 11/28/2008 3133X23C7 10920 Federal Home Loan Bank 11/26/2003 100,000.00 100,094.00 100,000.00 3.250 AAA 3.250 1,578 11/26/2008 3133X2JS5C 10921 Federal Horne Loan Bank 12/16/2003 100,000.00 99,844.00 99,812.50 - 3.000 AM 3:041 1,598 12/16/2008 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 100.,000.00 100,188.00 99,937.50 3.125 AAA 3.139 1,643 01/30/2009 3133X3UX9 10930 Federal Horne Loan Bank 02/13/2004 100,000.00 - 100,000.00 100,000.00 2.500 AAA 2.500 1,657 02/13/2009 3133X3RF2 10931 Federal Home Loan Bank 02/26/2004 100,000.00 99,281.00 100,000.00 3.000 AM 3.000 1,851 08/26/2009 3133X3MG5C 10932 Federal Home Loan Bank 02/20/2004 100,000.00 99,813.00 99,937.50 2.250 AAA 2.263 1,664 02/20/2009 3133X46R7C 10934 Federal Home Loan Bank 02/27/2004 100,000.00 .. 99,688.00 3133X3WC3C 10935 � 99,750.00 2.500 AAA 2.554 1.671 02/27/2009 Federal Home Loan Bank 02/27/2004 100,000.00 - 99,781.00 99,937.50 3.000 AAA 3.014 1,671 02/27/2009 3133X30S5 10938 Federal Home Loan Bank 02/23/2004 .100,000.00 99,594.00 100,000.00 2.250 AAA 2.250 1.667 02/23/2009 3133X4P21C 10940 Federal Home Loan Bank 1)3/25/2004 100,000.00 98,094.00 99,937.50 3.000 AAA 3.014 1,697 03/25/2009 3133X5FE3C 10941 Federal Home Loan Bank 03/30/2004 100,000.00 99,375.00 100,000.00 2.000 AAA 2.000 1,702 03/30/2009 3133X52E7 10942 Federal Home Loan Bank 03/30/2004 100,000.00 98,406.00 3133X4GJ4 10944 _ 99,937,50 2.250 AAA 2.283 1,702 03/30/2009 Federal Home Loan Bank 03/17/2004 100,000.00 100,063.00 100,000.00 2.500 AAA 2.500 1,142 09/17/2007 3133X5FE3 10945 Federal Home Loan Bank 03/30/2004 100,000.00 99,375.00 100,000.00 2.000 AAA 2.000 1,702 03/30/2009 3133X52E7C 10947 Federal Home Loan Bank 03/30/2004 100,000.00 98,406.00 - 100,000.00 2.250 AAA 2.250 1,702 03/30/2009 3133X5L48C 10948 Federal Horne Loan Bank 04/21/2004 100,000,00 97,688.00 99,562.50 2.250 AAA 2.343 1,724 04/21/2009 3133X5NZ7C 10949 Federal Home Loan Bank 04/22/2004 100,000.00 97,906.00 100,000.00 3.000 AAA 3.000 1,725 04/22/2009 3133X5VR6C 10950 Federal Home Loan Bank 04/28/2004 100,000.00 99,375.00 100,000.00 2.150 AAA 2.150 1,731 04/28/2009 3133X68G0C 10951 Federal Home Loan Bank 04/29/2004 100,000.00 99,219.00 99,968.75 3.000 AAA 3.007 1,732 04/29/2009 3133X6DB9C 10952 Federal Horne Loan Bank 04/30/2004 100,000.00 99,625.00 99,800.00 3.250 AAA 3.294. 1,733 04/30/2009 3133X6MF0 10955 Federal Home Loan Bank 04/30/2004 t00,000.00 100,031.00 100,000.00 2.250 AAA 2.250 820 10/30/2006 3133X8NQ5 10961 Federal Home Loan Bank 05/12/2004 100,000.00 99,469.00 99,906.25 3.000 AAA 3.020 1,745 05/12/2009 3133X6NP7 10964 Federal Home Loan Bank 05/12/2004 100,000.00 100,031.00 100,000.00 3.250 AAA 3.250 1,745 05/12/2009 3133X6DYD2C 10965 Federal Home Loan Bank 05/26/2004 100,000.00 99,781.00 99,937.50 3.500 AAA 3.514 1,759 05/26/2009 3133X6NP7 10966 Federal Home Loan Bank - 05/12/2004 100,000.00 100,031,00 100,000.00 3.250 AAA 3.250 1,745 05/12/2009 3133X7DZ4 10971 Federal Home Loan Bank 06/15/2004 100,000.00 100,375.00 100,000.00 4.000 AM 4.000 1,779 06/15/2009 3133X7E91 10972 Federal Home Loan Bank 06/16/2004 100,000.00 100,219.00 99,850.00 4.000 MA 4.033 1,780 06/16/2009 3133X7LH5 10973 Federal Home Loan Bank 06/30/2004 100,000.00 100,406.00 99,687.50 4.250 AAA 4.320 1,794 06/30/2009 3133X7JE5 10974 Federal Home Loan Bank 06/30/2004 100,000.00 99,938.00 100;000.00 3.500 AAA 3.500 1,794 06/30/2009 7 n pale: 09Po2/2004 - 15:52 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.02r CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments July 31, 2004 Purchase Date Par Value Market Value Page 6 Stated YTM!C Days to Maturity Book Value Rate S&P .365 Maturity Date Federal Agency Securities 3133X7LZ5 3133X7PG3 3133X7TT1 3136F5PZ8 10977 10978 10979 10954 Pass Through Securities 3133TGSG5 31364TKP5060 31376PGY5 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Natl. Mortgage Assoc. Subtotal and Average 5,051,076.21 10837 Federal Home Loan Mrtgage Corp 10103 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. Subtotal and Average 11,445.47 07/08/2004 07/13/2004 07/27/2004 04/29/2004 100,000.00 100,031.00 100,000.00 3.000 100,000.00 100,594.00 100,000.00 4.000 100,000.00 99,594.00 100,000.00 4.000 100,000.00 - 99,719.00 - 100,000.00 2.375 5,200,000.00 5,176,043.00 5,198,237.50 11/30/1998 0.00 0.00 0.00 6.000 02/18/1998 - 0.00 0.00 0.00 8.250 12/01/1998 10,774.20 11,301.49 11,228.87 8.500 10,774.20 11,301.49 11,228.87 AAA AAA AAA AAA 3.000 4.000 4.000 2.375 1,255 01/08/2008 1,807 07/13/2009 1,821 07/27/2009 1,367. 04/29/2008 AAA AAA 2.865 1;588 6.000 0 01/15/2013 7.307 0 11/01/2004 7.711 2,525 07/01/2011 7.711 2,525 Total Investments and Average 14,521,098.39 Run Dale: 09/02/2004 - 15:52 14,206,774.20 14,194,939.10 14,096,239.75 07 3.125 848 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02r City of National City Portfolio Management Interest Earnings Summary July 31, 2004 July 31 Month Ending Fiscal Year To Date Page 7 CD/Coupon/Discount Investments: Interest Collected 51,499.38 51,499.38 Plus Accrued Interest at End of Period 219,862.19 219,862.19 Less Accrued Interest at Beginning of Period ( 233,604.98) ( 233,604.98) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Period 37,756.59 37,756.59 24,188.77 24,188.77 61,945.36 61,945,36 Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period 50.72 45.20 19.60) 0.00) 50.72 45.20 19.60) 0.00) Interest Earned during Period 76.32 76.32 Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Period -11.33 0.00 -11.33 0.00 64.99 64.99 Cash/Checking Accounts: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Interest Earned during Period Total Interest Earned during Period Total Capital Gains or Losses 0.00 0.00 37,832.91 37,832.91 24,188.77 24,188.77 Total Earnings during Period ROD Date: 09/022004 - 15:52 62,010.35 62,010.35 Portfolio CNC CC PM (PRF_PM6) SymRept V5.02f City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 19, 2004 AGENDA ITEM NO. 24 ITEM TITLE STATUS REPORT ON ENHANCED COMMUNICATION AND OUTREACH EFFORTS FOR PUBLIC MEETINGS AND NOTICE AND FUNDING REQUEST FOR $13,000 TO INSTALL REQUIRED POSTING FACILITIES AT CITY HALL PREPARED By Michael R. Dalla ' DEPARTMENT City Clerk EXPLANATION Please see attached Report. ( Environmental Review Financial Statement XX N/A Approved BY: Funds are not specifically budgeted for this state -mandated project. Finance Director Account No. STAFF RECOMMENDATION Direct City and CDC staff to explore possible funding sources for the $13,000 needed to install required posting facilities at the two main entrances to City Hall as soon as possible. As funds become available in the future, consideration should also be given to installing additional posting facilities at the Police Department and Community building. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. Report A-200 (9,99) STATUS REPORT ON ENHANCED COMMUNICATION AND OUTREACH EFFORTS FOR PUBLIC MEETINGS AND NOTICE AND FUNDING REQUEST FOR $13,000 TO INSTALL REQUIRED POSTING FACILITIES AT CITY HALL Several weeks ago, a report was made to the City Council on the need for enhanced communication and public notice of City Council agendas and meetings. The report concluded with specific actions and recommendations. What follows is a brief status report on those recommendations and specific actions taken or under way. Previous Recommendation: Commit to a pro -active policy of community outreach and improved communication about Council meetings. Current Status: Every registered voter in the City has been informed about how to be placed on the e-mail distribution list for City Council agendas. Previous Recommendation: Post meeting notices at other City locations in addition to the Civic Center. Current Status: Meeting notices are now being posted at the Library and the Police Department. Previous Recommendation: Place meeting agendas on all public counters, where possible. Current Status: The Library and Recreation Department have agreed to place agendas on their public counters. Copies are being provided to them for distribution. Previous Recommendation: Explore possibility of kiosk at Plaza Bonita, Wal-Mart, etc. Current Status: National City Transit has indicated a willingness to partner with the City to fund a joint use electronic kiosk. The MIS Department is in a preliminary assessment phase of the project. Previous Recommendation: Direct necessary steps be taken to fund and improve posting facilities at City Hall. This recommendation is the most critical because it is required by law. Current Status: The City has retained the services of a consultant to assist in designing public notice display facilities for installation at appropriate City Hall entrances. Their proposed design alternatives are attached. The estimated cost for the manufacture and installation of the public notice facilities are as follows: Upstairs location (bridge): Option A $7680 Option B $6306 *First floor entrance: Option C $5239 *Can also be installed at the Police Department. RECOMMENDED ACTION AT THE OCTOBER 19T" MEETING: The most pressing deficiency that needs to be corrected is to improve the posting facilities at City Hall so that they are both a) in compliance with the law; and, b) more user-friendly. It is recommended that the City Council direct City and CDC staff to explore possible funding sources for the $13,000 needed to install required posting facilities at the two main entrances to City Hall as soon as possible. As funds become available in the future, consideration should be given to installing additional posting facilities at the Police Department and Community Building. L. OPTION A CONCEPTUAL U CLI5TOtt, PP,E''PArMICATEP INTERNALLY 11..LOM4ATED HEAVY OUPf' ALUMINUM PI LAY (NEL.5.4N.KARKNE-.. 245 WITH LOCKING DOOR: fIINII5HED IN NELSON i1/1"4 NS 'ALUMNUM 342." WH4P AEA IS I/4" NON -GLARE ACRYLIC. • STRUCTURE PRE-FA5R41A TED CAf3INET WILL DE PLACED INTO A 50XE9 511JOCO STRUCTURE WITH CROWN MIIOLDING DETAL • "PUELIC NOTICE" — I:JAVA R.EIse ALUMINUM 1.:). U13 (TO MATCH FiZTIIN5 DIRECTORY SIGN.) COPY TO ef REVERED OUT, M.P.1 *E,C01‘10 5JRFACE GOW YCO, TO CAT e GOLD COPY, • POCUMEN1 PISMAY AREA — TAN CORK OR FABRIC COVERED CORK. • INSTALL -- CENTEI -)F 5 nr; MUST .TE ?dO MORE THAN 4W FROM GRADE, PER ADA SFECIFCATIONF,L THERE FCRA WhEELt:HA tP, TO mAELEvER A THREE POINT 111RN. OR A ercr RADIUS FOK FULL TURNING CARANLITY us 4I-0" 3*•-0` SPACE TO ALLOW OPi1 Es - CONCEPNAL GATED INflE NA_LY ILLUMINATED HEAT' ' T)InTY ALUM* UM P15PLAY (NELSON -HA 1r.IN;ti 245 SERIES.) �; FIN1 1FG ! NEL.E71w HARKINS 'ALUMINUM'342.": WD4POIAi AEA I51/4' NON -GLARE AC YLti . 1-FP CASI'NET ► 1 t. 13E '"'1mACE) INT J A S XEP WHITE METAL FRAME SUPPORTED SY 0 SQUARE METAL C`.AT'S AND l7IA .+4CNO DETAIL WO.- SE TILE TO MATCH DOSING. NOTICE" -- 'MS 319 TURQUOISE ALUMINUM 5LJB (TO MATCH EXIST 'C4 TILE WORK.) COPY TO W RE' ERSEP OUT. WITH SFCON1i SURFACE SLAC;r, YCC, TO CREATE I3LAC1C COPY. DOCUMENT QISPLAY AREA • TAN CC)S:.K OR FASKIC COVERE9 CORD INSTALL -- CENT& OF SIGN MUST ESE NO MOIRE. THAN 48.° FROM GRADE. PER APA. SPECIFICATIONS, THERE Iv4U51. DE A 4'-Q° X -CT 5I ACE T5 AL.UNi RJR A WHEELCHAIR TO MANEUVER A THREE POINT TURN, OR A " RADIUS FOR FULL TURNING CAFABIiITY t r1:4 i?eN94.tr44,AR'1614,.. ANt!„, ' . . .4..korint4A • iort, OPTION C • U13 r.:,u 5TOM PRE-EADR"CATED fNTERNALLY ILLUIVINATED HEAVY .PUT Y ALLIMNIJM DISPLAY (NELSON-HARKINS 2.4t) SERIES.) KNOED, LOCKING OCOR AND ALUMINUM POSTS, ALL FINISHED' IN NELSON 1-IARKINS "GOLD! 25ei,"WtNPON AREA IS 1/4" NO14-\5144FE ACr'f LJC • "PUNK NOTICE' - Lt.MIftJM SLI13., COrf TO -5E REVERSED OUT, MTH SECOND SURFACE WHITE VCO, TO CREATE Wk-ITE COrT, • DOCUMENT DISPLAY AREA - TAN CORK OR FADE COVERED CO • INSTALL -- CENTER SION MUST DE NO MORE THAN 4.3" Fle.OM (*ADE, PER ADA SPECIFLGATONS. THESE MUST DE A, 4Y X 3'-0' SPACE TO ALLOW FOR A WHEE.CHAV TO MANEUVER A THREE POINT TORN, OR A 00" RADIUS FOR 5ULL TIONINO CARASILITY 1LLLMAJTh11"t TAN CON't. FAX COVEKED COr. DACc3KOLI 4r; ETING DATE 10/19/04 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 25 (-ITEM TITLE Request to Kccp the National City Municipal Pool Open from November 2004 through February 2005 PREPARED BY Leslie DEPARTMENT Community Services (336-4242) EXPLANATION Please see attached explanation CEnvironmental Review X. N/A (Financial Statement Approved By: Funds for heating and filtering are available in Public Works Account NoF"132I 42 23-234 .(Electricity & clas); Funds for part-time salaries are available in Recreation Account ,No. 001-441-000-100 (Part-time Salaries) Account No. (-STAFF RECOMMENDATION Staff rem -mends keeping the pool open from November 2004 through February 2005 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Explanation Resolution No. A.200 1 99) RE: Recommendation to Keep the National City Municipal Pool Open from November 2004 through February 2005 The purpose of this report is to recommend keeping the pool open from November 2004 through February 2005. Background: The Municipal Pool, which is the only public pool for National City's 58,000 + residents, has been an important recreation center since the 1950's. The pool is the site of a variety of aquatic programs for youth, adults, and seniors, including: lap swimming, youth -competitive swim practices and meets, and high-school swim practices and meets. Before the budget crunch of the early 1990's, the pool was open 11 months a year. In 1994, however, the City Council directed that the pool be closed for four months every year, from November through February. This decision resulted from the higher cost of operating the pool during the winter, the relative lack of use during that time, and the need to set aside time for repair and maintenance. The pool budget was subsequently reduced to reflect this shortened schedule. Although the pool is officially closed from November to February, this schedule hasn't been rigidly adhered to. The pool has occasionally been opened in February to permit use by such organizations as the National City Swim Club and Sweetwater High School. California has recently provided a state park grant to renovate National City's pool. Subsequently, the City Council approved the hiring of an architect to provide design specifications for this renovation, which will include replacing the pool deck, replacing the perimeter fencing and lighting, and adding a "play feature" pool. As recently reported to the City Council, however, there has been speculation that this grant may be withdrawn. If this happens, the City Manager will recommend funding the renovations from the contingency fund. Reasons to Extend Pool Operations: Since becoming Community Services Director one month ago, I have received numerous requests from residents who use the pool on a daily basis to keep the pool open year-round. I have also learned that the South Bay Aquatic Team and Masters Swim Team have expressed an interest in using the pool year-round, as have residents interested in taking the Senior Citizen Exercise Class or participating in Adult Laps. Also, under the terms of the grant mentioned above, the pool renovation must be finished by September 2005, which will require the pool to be closed from approximately late March through mid -August, 2005, as reflected in the following schedule. Pool Schedule - Current Jan Feb March June EI' Au • 11=11 Closed Closed Open Open Open Open Open Open Open Open Closed Closed Oct Nov Dec A Pool Schedule — Proposed (Reflects Estimated Pool Renovation Closure) Jan Open Feb Open March Open '' June PL Closed Closed Closed Closed Closed Closed Tent. 3/28 A. ril Au•u st ET'1 Grand Open Open Open 8/12 Oct Nov Dec Open Open Opening the pool during the months before the renovation would tend to offset the lengthy renovation time, and may make the closing of the pool more acceptable to those who use it. During the renovation, we also plan to study the feasibility of opening the pool year- round, depending on staffing and funding. Opening the pool from November through February would be a good first step in this process because it would allow us to evaluate how much interest there is in using the pool during non -peak months. Cost of Keeping the Pool Open: We estimate that heating and filtering the pool from November through February will cost approximately $10,000, and that staffing, including an aquatics manager, a senior lifeguard, and a lifeguard will cost approximately $20,000, for a total estimated cost of $30,000. It is important to note, however, that these costs would be almost completely offset by the savings resulting from closing the pool for renovation between March and August. Staff Recommendation: For these reasons, staff recommends that Council approve keeping the pool open from November 2004 through February 2005. Depending on how much use the pool actually gets during this time, and our estimates of year-round usage in the future, staff may ask the Council, at the next budget hearings, to permanently open the pool year-round. City of National City, California COUNCIL AGENDA STATEMENT ETING DATE October 19, 2004 AGENDA ITEM NO. 26 (-ITEM TITLE TEMPORARY USE PERMIT —SEAFOOD CITY SUPERMARKET - FIESTA FILIPINO-MEXICAN GRAND KARAOKE COMPETITION November 20, 2004, 10 a.m. to 10 p.m., at Seafood City PREPARED BY R,� DEPARTMENT Rosie Gutierrez, Sr. Office Assistant 4210 Building and Safety EXPLANATION This is a request from Seafood City Supermarket to conduct their annual Filipino -Mexican singing contest and grand karaoke competition in the parking lot in front of the store. The event will be held Saturday, November 20, 2004 from 10:00 a.m. until 10:00 p.m. The event will consist of a singing contest with prizes and giveaways. The event is free and no food will be given away or sold. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $65.00 in costs in processing the T.U.P. application through various City Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 19 991 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: Annual Filipino -Mexican Singing Contest DATE OF EVENT: November 20, 2004 TIME: 10:00 a.m. until 10:00 p.m. APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY COMMUNITY SERVICES YES [x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Fire Department access to fire lanes, fire hydrants and all Fire Department connections shall be maintained at all times during this event. 2. Emergency access shall be maintained at all time. FINANCE (336-4330) 1. If vendors will be present on this event, a Business License is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. Seafood City has a current business license (#19053) with the City if National City. 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 two weeks prior to the event for verification of,business license numbers. POLICE (336-4400) 1. Since 500 people are expected, the Police Department recommends that at least 2 licensed security guards be hired to monitor 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 SEAFOOD CITY SUPERMARKET Person in Charge of Activity RIC?,RDO CASTRO/D7Y BUNGAY Address 1470 E. Plaza Blvd. , National City, CA 91950 Telephone (619) 477-6080 Date(s) of Use Nov. 20, 2004 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 'pplicant STORE MANAGER Sept. 30, 2004 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert Parade — Motion Picture Event Title: Event Location: Fair X- Festival/FIESTA—Community Event Block Pa _Demonstration _Circus — BUILQIAND st, Fr" t? i NG — Grand Opening —Other SINGING CONTESTEREC x �' FIESTA FILIPINA-MEXICANA GRAND KARAOKE COMPETii1ON SFP 3 0 20.0 SEAFOOD CITY SUPERMARKET (FRONT) NA `it, Event Date(s): From Nov. 20, t(2004 Month/Day/Year Total Anticipated Attendance: 500 ( 35 Participants) (465 Spectators) Actual Event Hours: 10 am/prri to 10 am/pm Setup/assembly/construction Date: Nov. 19,2g?a time: 9:00 a,m. Please describe the scope of your setup/assembly work (specific details): stage (12' x 16) Dismantle Date: Nov. 21,20@ mpletion Time: 7:00mac/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. n/a Sponsoring Organization: SEAFOOD CITY SUPERMARKET Chief Officer of Organization (Name) RICARDO CASTRO Applicant (Name): SEAFOOD CITY SUPERMARKET Address: 1420 E. Plaza Blvd., National City, Ct, 91950 Daytime Phone: (619 477-6080 Evening Phone: ( ) Fax: (_) Contact Person "on site" day of the event: RICARDO CASTRO/DANNY BUNGAY Email Pager/Cellular: For Profit XX Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES X NO Are admission, entry, vendor or participant fees required? _ YES y_ NO If YES, please explain the purpose and provide amount(s): $ n/a $ n/a $ n/a 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 detai[saegard.ing any components of your event such as the use of vehicles, animals, rides or anyotherpellinent information about the event. GRAND KARAOKE COMPETITION/SINGING CONTEST Adult/Seniors/Kids YES X 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? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X 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 X 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 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. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: n/a 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 (inside supermarket) 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 D. 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: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: HAVE JANITORS FROM THE STORE WHO WILL CLEAN AFTER THE EVEI7T. 3 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: AIL DAY EVENT 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: HAVE ENOUGH Please provide a detailed description of your PARKING plan: HAVE ENOUGH Please describe your plan for DISABLED PARKING: HAVE ENOUGH 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: 1 Number of Bands: 1 Type of Music: X YES NO Will sound amplification be used? If YES, please indicate: Start time: 10 amLymn Finish Time 10 o /pm X YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 10 amP0111 Finish Time 10 x/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: BANNER & BUNTING Revised 10/3/01 5 Event: ,for Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department REQUEST FOR A WAIVEROF FEES 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) X 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 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) X 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. X No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financialbenefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. x 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. x No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to art organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) / TRO Signa re Sept. 30, 2004 Date City of National City, California COUNCIL AGENDA STATEMENT October 19, 2004 ETING DATE AGENDA ITEM NO. 27 (--ITEM TITLE TEMPORARY USE PERMIT — CORNERSTONE CHURCH - HARVEST FEST 2004 FESTIVAL ON OCTOBER 31, 2004 AT 1920 SWEETWATER RD. PREPARED BY errez, 336-4-DEPARTMENT Building and Safety EXPLANATION This is a request from Cornerstone Church of San Diego to conduct a fall festival at 1920 Sweetwater Road from 5:00 p.m. to 9:00 p.m. on Sunday, October 31, 2004. The event will include food booths, game booths, rock climbing, a skateboard ramp, live bands, a jolly jumper and an obstacle course. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. Alcohol will not be sold and security will provide crowd control. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. 2 ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 in processing this Temporary Use Permit Application. Account No. N/A STAFF RECOMMENDATION Approve the Application fofa Temporary 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 Conditions of Approval. A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Harvest Fest Festival 2004 DATE OF EVENT: Sunday, October 31, 2004 TIME OF EVENT: 5:00 p.m. to 9:00 p.m. APPROVALS: FIRE PUBLIC WORKS RISK MANAGER CITY ATTORNEY ENGINEERING FINANCE POLICE PLANNING PARKS COMMUNITY SERVICES (SAN DIEGO COUNTY HEALTH YES [x] YES [x] YES [x] YES [x] YES [ x] YES [x] YES [x] YES [ x ] YES [ x ] YES [x ] DEPT. HAS NO[] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ ] BEEN NOTIFIED VIA FAX ON 10/11/04) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. No fire department connection, such as fire hydrants, FDC's, or sprinklers shall be obstructed. FINANCE 336-4330 1. A Business License is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. 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 & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit any initial business license application.) Type of Event: _ Public Concert _ Fair Festival _ Convent Parade Demonstration ? 20Q51 — Motion Picture _Grand Opening — Others —Block Pa Co-11 0 4 4 10 Event Title: /1"2ves7' .c% a200If 6-V fle S — 070 c K PD. Ale Sfsfo Event Location: Event Date(s): From /b/J f 4 to /� 40 of Total Anticipated Attendance: 'v Month/Day/Yer (/aid Participants) (`crb Spectators) Actual Event Hours: .cia% am6 to 9• ksa am/e) Setup/assembly/construction Date: A o Start time: 2. ,r)?--.. Please describe the scope of your setup/assembly work (specific details): $6-4s ' erkv-•--r, Dismantle Date: /0f a cf Completion Time: /o:7a am/ rt�r List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and nd time of reopening. Sponsoring Organization: CA.( ikee31bv4Cl 1tc b of 2 Chief Officer of Organization (Name) ;A. c%i /`t�_• �` V Applicant (Name): Cry ssehv Address: /97c) 5 ecew.447... eD. A( C . 5/9 S"'d Fo Profit ot-for-Profit Daytime Phone: (6/9 ) /%K,9777 Evening Phone: (4,7) ?it- 1997 Fax: (t' ) t/2'% fZ7 Contact Person "on site" day of the event: ht.:? VStSkr L-/ Z-A-Jig, Pager/Cellular: (6,0) 774 /99f NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 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. 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 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 /YES 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: 4 If yqe(intend to cook food in the event area please specify the method: dd GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (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.) d Z Number of trash cans: O Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Interne) -Security lir - irey'f 0 aS,( Ar-I (rbc.)c edv-A• r YES VNO 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: V 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: ? j4 Please indicate what arrangement you have made for pr 1,3r /fq,.'/e 6 f r,-44‘.1 b •,,. ., .4014 /Uwe A viding First Aid Staffing anEquipm ent. s ": Please describe your Accessibility Plan for accessa C at your vent y individualswiitth disabilities: Please provide a detailed description of our PARKING plan: !JS! arc nt ram; "--I ai'X 7 -J Rr 4 Please describe your plan for DISABLED PARKIN Lei" iE, ,� •'fT3 a� nv�-; 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: & 1( err eLlse 4 1 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: / Number of Bands: 3 Type of Music: C keill4.4.1.. v YES _ NO Will sound amplification be used? If YES, please indicate: • Start time: 5.'411) am/�i i Finish Time 9-at) am/6 YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 3:3 J am/ rim Finish Time Sr o amkni Please describe the sound equipment that will be used for your event: _ YES VNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: v YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 7,•(,tirk•,es .rT err-'tir"tr-c r z+ vCJ C v �✓r Revised 10/3/01 5 Event: For Office Use 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 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 Person in Charge of Activity Address Telephone Date(s) of Use 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 the Parking Authority and its officers, employees and agents from and against any and all claimsii 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 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 .. 0. REQUEST FOR A • WAIVER"OF FEES 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. Name of the sponsoring organization estrotezrkswe�d- Type of Organization G-f (Service Club, Church, Social Service Agency, etc.) 4 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) v/ 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. No (Please 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: 7No (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: No (P lease sign the form and submit it with the TUP Application) Signature Dat q 9 NV -Id Yl S 9N101I1189NLL8IX8WIWM3115O I NNOaaWdONI AO/4100JJ' b VOA ALV61SxOM111ox 83xx88tliJ31ssOW ro3MAO A810eN10xV OL O3OIMeV x V 1d MIS Slit 2che aaw z1.1 O WM111111t111611111I1 IHIf �II 11111111111111191111111-1Il, ` V. f111P111J U� g81E3Afl W 1 September 14, 2004 Public Works Director, Steve Kirkpatrick Hi Steve, This letter is to express my sincere thanks to one of your employee's, ITEM #28 eBut' " ? WRITTEN :ffoaal 66r:6i:01i950 CONIMUNICP,TIa (619j434=9002 L}SEP22 OF AT ?# ; L CITY CD -77 Jeff Cervantius, Public Works / Streets Supervisor. .. c r� W On(2)occasions recently I called Jeff, to express some of m concerns withproblems I have been encounfm Y xP Y g= here at my residence located at 1936 D. Avenue, National City. WV S I d3S'10 My 1stCuneern was a health and safety issue that is a constant on -going problem for me C told Jeff that the matey that is used to cover the alley behind my residence is causing an on -going dust problegi for me. I was advised by re* that he was aware of the problem and that due to EPA Stormwater Regulations; and the Cities current:_ crisis, not much could be done to eliminate the problem: He also advised methat the alley btrd�et behitutmy residence was to be graded in the near future, and that might help the situation. Jeff even went as far as to -edit bat and ,'visually inspect the alley. Jeff Called me and agreed with me that the dust is a real problem but that there was not'a" lot that he had the power to do about it. I am a busmess'Owner here in National City, I work from my home and I build sensitive Computer Systems. Dust is a real enemy to electronic components. Not to say that it isn't too great for humans to breathe either. I would like to express my sincere thanks to Jeff for doing what he could to help in this situation. I understand what it.is.like to deal with Red Tape & Government Regulations. I'm currently employed by the County of San Diego Dept of Public Works, and have been for 16 years. Government wheels tend to move very slowly! Last week Jeffs Public Works Crew came out and re -graded the Alley and it has helped to,cut the dust problem down, if only temporarily. I would like to ask, if there is any way the paving of this alley could be moved up on your priority list? My 2nd concern was an on -going problem with graffiti on my property, that has been a problem since I moved here (2) years ago. I asked Jeff if the City could install a street light on an SDG&E power poleiocated directly behind my residence. Steve said he would investigate this option and get back to me. A day or so later, Steve called me back to inform me that he placed a work order with SDG&E to install a light on the pole. Jeff informed me that SDG&E would perform the work with in a (3) month Time Frame. I am very happy to say that the light has been installed and in record time, About (3) weeks after my first conversation with Jeff. I am hoping that the light will help in the prevention of further graffiti on my property. To date I have had no further tagging or graffiti. It appears that the light is working as a deterrent to this problem. All my surrounding Residents have expressed their Thanks to me for the light as it has really improved the Alley area, as far as Safety and Visibility. I would like to pass on their thanks too. We Put The Personeil.in Personal Computer*** .11 September 14, 2004 Page 2 Please express my Sincere Thanks to Jeff Cervatius and his Crew members for Jobs well done! Jeff was a very pleasant & professional person to deal with. He took my concerns and acted upon them in a timely and very professional manner, doing what he could to help with the problems. Please forward a copy of this letter to Jeff and his Crew members! Sincerely, Doug Marek Owner Adventures In Computing - Paradize Web Design www.aic-pc.com Quality - Built . To -Order - Computer System's Sates T Hardware A.I.C. rfieskeg Software ADVENTURES IN COMPUTING Upgrades rifials Networking E-MAILMDMAREK@CORNET Troubleshooting ***We put the Personal In Personal Computer *** Phone 619-434-9002 Doug Marek Cell 619-742-4031 Sales & Marketing CALL for a FREE Price Quote wwwaic-pc.com City of National City, California COUNCIL AGENDA STATEMENT October 19, 2004 MEETING DATE AGENDA ITEM NO. /ITEM TITLE TEMPORARY USE PERMIT — INTEGRITY CHARTER SCHOOL - HARVEST FESTIVAL ON OCTOBER 29, 2004 AT 125 PALM AVE. PREPARED BY Rosie G EXPLANATION errez, 336-4210 DEPARTMENT Building and Safety This is a request from the Integrity Charter School to conduct a harvest festival at 125 Palm Ave. from 5:00 p.m. to 8:00 p.m. on Friday, October 29, 2004. The event will include food booths, game booths, and possibly a pony ride. The school is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. CEnvironmental Review Financial Statement X N/A Approved By: Finance Director The City has incurred $345.00 in processing this Temporary Use Permit Application. STAFF RECOMMENDATION addiA4t0La) Account No. N/A Approve the Application for a Iemporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A-200 i9r991 Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Integrity Charter School EVENT: Harvest Festival DATE OF EVENT: Friday, October 29, 2004 TIME OF EVENT: 5:00 p.m. to 8:00 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 10/11/04) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. FINANCE 336-4330 1. A Business License is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. 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 & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit any initial business license application.) Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening / Festival Circus Other BUILDING AND SAFETY DEPT. RECEIVE.D 3 2004 NATIONAL CITY, CALIF. Community Event Block Party Event Title: I iC` NVr cJL.-h +i Ve2.5 Event Location: a, i (D±, - 1 2s Pam" ' `t.,e- Event Date(s): From J /2. Otto ) 4 Total Anticipated Attendance: 2(-Y-) th/Day/Year ( Participants) ( Spectators) Actual Event Hours: Setup/assembly/construction Date:) Start time:-010b Please describe the scope of yours setup/assembly work (specific details): L bJe6 �C dklin- 16 , Joc f*t Fz�' Dismantle Date: a t) Completion Time: ID am iCn 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): " '� Ye Address: / Daytime Phone: Jam.. l )oPY) Q h v sue) Ave_ , 0� 33 bg `Evening Phone: (C5 ¥IJ 1IG Fax: 6)') 534 -a6% Contact Person "on site" day of the event: 1r brIU LeQ Z._ Pager/Cellular: Jet -7 -457 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 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): $ j 5DL) Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 0 Estimated Expenses for this event. $ 2j &I D " 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. r c bi h()f vv-? - ?<.1.4k_15 w-tkk a ffiraXc`ikf-)`� I t- 1 itt i�C ed)) r l �Z7v51 -1� l 3k t sae p r 1-7 5r) 1-N96Yt loc -I' ('. ke. w . ►on. ► , ")" 0-n.-tkcz rtpli U34 [ be, 6,p_ LI, WV, utl\ .6Y1' e-12_6044 kbD l n,Gl.i,\aygiA . \i\k_ w i \1 fA I E . t9r4.10 5ukcin 05 .p l ZZI +6uleY -. :7 51 \qtt ry . fr b► o y%.Udz 1.- � & ram , °� lit:i Lit rfair-it if ! VA J`iiE'_. 1 u batAll_c_ Gapte t(liLIB YES !AD 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 XNo Does the event involve the sale or use of alcoholic beverages? X 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. 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. YES,%1 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: V` V% V V, V' r V V% V% 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: w`a4LOLL/ IX oito4)friobi etytd arveze -62,711 if 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 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: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 1--rteok, 1,t, ,b2 0(06( 54 hibt, a-nat- t2101 evi old / 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: ,✓ 6 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. iN)) ) Yl -("l V 4-0 a4V Yid I G(Ji P1�5►1t e-e-P16Le ►+a 5(`iZ4,j aft) est Pleased cribe your Accessibility Plan for access at your event by individuals with disabilities: fAlqrr lkW "t1. ! ri i Please provide a detailed description of your PARKING plan: All , eL,143 r fakki w ,w,_. Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businessesAand churches impacted by the event: el,cad1 �`y r j t cal ( 6. 6944 ta ablai-r4 6eiciArt.- 0,5119,149t NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YESK 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 X NO Will sound amplification be used? If YES, please indicate: Start time: Number of Bands: 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: YESX NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 Person in Charge of Activity Address Telephone Date(sjbf Use 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 the Parking Authority 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 Preif4td-A. /O/i 5/b y Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES 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. Name of the sponsoring organization Type of Organization t (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 death in the family? Yes (Please provide an explanation and details. t 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 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. �treC" 4,?."-6y1(XnCt_L.Q_yl�rr� y�fc� (� filar -,s(-i-r 5 -6) %o ti la-- krnuvlck ,-q/Azient6 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? 4 Yes Year funds were received: Funds were used to: /K No (P lease sign the form and submit it with the TUP Application) 9 PREPARED BY EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 19, 2004 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVE AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY George H. Eiser, III P DEPARTMENT City Attorney EXT. 4221 Marylou Matienzo's last date of service with the City will be October 31, 2004, due to her retirement. Until a new Finance Director is appointed, an individual must be designated as being authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City. The proposed resolution would designate Financial Services Officer Alison Hunter as the City's representative authorized to perform these functions. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 203 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVE AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY BE IT RESOLVED by the City Council of the City of National City that the following City representative shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of th.e City: Alison Hunter Finance Services Officer PASSED and ADOPTED this 19th day of October, 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: air George H."Eiser, III City Attorney Nick Inzunza, Mayor