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HomeMy WebLinkAbout2007 01-16 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Adjourned Regular Meeting - Tuesday — January 16, 2007 — 5:30 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) 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/Executive Director any matter that you desire the City Council or Community Development Commission Board 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 Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission 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 (619) 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 and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos 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 OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 1/16/07 Page 2 COMMUNITY DEVELOPMENT COMMISSION NEW BUSINESS 1. Real Property Transaction: Former Days Inn Site; 1.07 acre parcel located at 1640 East Plaza Boulevard. (A.P.N. 557-410-200) (Community Development Commission) CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: Former Days Inn Site —1.07 acre parcel 1640 East Plaza Boulevard (A.P.N. 557-410-200) Agency Negotiator: Brad Raulston; Xavier Del Valle Negotiating Parties: Palm Plaza Associates Under Negotiation: Price and Terms of Payment CITY COUNCIL PRESENTATIONS 2. Presentation and recognition of Ms. Karina Sobrevilla, "Everything $5" store, for finding and returning a wallet containing $1,300 inside to Ms. Maria Almanza Ruiz. (Council initiated) 3. Employee Recognition for 25 years of service. — Joe H.A. Smith, Wastewater Supervisor and Acting Public Works & Special Projects Director. 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. CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 1/16/07 Page 3 CONSENT CALENDAR (Cont.) 4. 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) 5. Resolution of the City Council of the City of National City to approve, accept and record a street dedication as part of a four lot parcel map located at Grove and 22nd Street (LS-2005-3) (Engineering) 6. Resolution of the City Council .of the City of National City adding Policy Number 205 to the City Council Policy Manual pertaining to intrabudget adjustment requests for accounts controlled by the Mayor or a Councilmember. (City Attorney) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the County of San Diego for participation in the Cities Readiness Initiative, First Responder Mass Prophylaxis Plan. (Fire/Police) 8. Resolution of the City Council of the City of National City approving an amendment to extend the term of the agreement with the Unified Port of San Diego for Shift Change: A Working Waterfront by Ming Lowe. (Community Services) 9. WARRANT REGISTER # 25 (Finance) Ratification of Demands in the amount of $1,573,938.21. ORDINANCE FOR ADOPTION 10. An Ordinance of the City Council of the City of National City establishing the salaries of the Mayor and City Council. (City Attorney) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 1/16/07 Page 4 NEW BUSINESS 11. An Appeal to the City Council of the Traffic Safety Commission recommendation not to install speed humps on 22nd Street between ""N" Avenue and Palm Avenue. (By: Petitioners of 22nd Street between "N" Avenue and Palm Avenue). (Engineering) 12. Neighborhood Council's Annual Report for 2006. (Community Services) 13. National City Transit Monthly Report for January — 2007. (National City Transit) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 14. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 12/07/06 through 01/03/07 of $2,093,534. (Community Development Commission/Finance) 15. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a Subordination Agreement with Constellation Property Group (NatCity 12th) for the R1 and R2 project sites. (City Attorney) OLD BUSINESS 16. A report requesting the Community Development Commission to name a citizen to serve on a sub -committee to develop Public Art for the National City Aquatic Center. (Community Development Commission) **Continued from Council meeting of 1-9-07** NEW BUSINESS 17. Update on a joint planning process between the City of National City and Port of San Diego, including the Public Outreach Questionnaire. (Community Development Commission) NEW BUSINESS (Cont.) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 1/16/07 Page 5 Adjourned City Council Strategic Planning Workshop — Tuesday, January 30, 2007 — 6:00 p.m. — Senior Center, 1221 "D" Avenue, National City, California Next Regular City Council and Community Development Commission Meeting - Tuesday — February 6, 2007 - 6:00 p.m. — Council Chamber - National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY JANUARY 16, 2007 AGENDA ITEM NO. 1 TO: CHAIRMAN AND BOARD MEMBERS FROM: BRAD RAULSTON, EXECUTIVE DIRECTOR SUBJECT: REAL PROPERTY TRANSACTION: FORMER DAYS INN SITE; 1.07 ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (A.P.N. 557-410-200) Recommendation: Accept and file. Fiscal Impact: None at this time. Environmental: Not applicable. Background: The purpose of this report is to update the Commission regarding CDC staff's effort in negotiating the sale, including the price and terms of payment, of the former Days Inn property, a 1.07 acre parcel located at 1640 East Plaza Boulevard, currently owned by the CDC. Executive Director Brad Raulston and Senior Project Manager Xavier Del Valle are the negotiators for the CDC and the other negotiating party is Palm Plaza Associates. This is a companion item to the closed session item on this agenda. ITEM #2 1/16/07 PRESENTATION AND RECOGNITION OF MS. KARINA SOBREVILLA, "EVERYTHING $5" STORE, FOR FINDING AND RETURNING A WALLET CONTAINING $1,300 INSIDE TO MS. MARIA ALMANZA RUIZ (COUNCIL INITIATED) (SEE ATTACHED NEWS ARTICLE) SignOnSanDiego.com > News > Metro -- Lucky shopper gets $1,300 cash returned Page 1 of 3 s Pop r port., Enlertt,inmen SignOnSiNeDiego.com Y TM UNION41111111UNII Horne SEARCH News Metro I Latest News North County Temecula/Riverside Tijuana/Border California Nation Mexico World Obituaries Today's Paper AP Headlines Business Technology Biotech Markets In Depth In Iraq War on Terror Pension Crisis Special Reports Multimedia Photo Galleries Topics Politics Military Science Education Health I Fitness Features Solutions Travel Opinion Columnists Steve Breen Forums Weblogs Services Weather Weather I Traffic I Surf I Wednesd -lobs Homes - Autos ' CI«>sd eds Shope nc Visitors Gr Choose Category NiEW RECYCLiNC REFUNI Lucky shopper gets $1,300 cash returned SAVE THIS CB EMAIL THIS Ea PRINT THIS €' 'MOST POPULAR By Tanya Sierra UNION -TRIBUNE STAFF WRITER December 22, 2006 NATIONAL CITY — The Christmas spirit touched Maria Almanza Ruiz yesterday when the $1,3oo cash she lost in a busy discount store earlier this week was returned to her. Almanza Ruiz, who works taking care of the elderly, was shopping at the Everything $5 store Sunday. She was so distracted by customers clamoring around 99-cent trinkets that she didn't notice she left her wallet on the Successories kiosk counter. Within moments, cashier Karina Sobrevilla noticed the wallet and asked the customers in her line whether it belonged to them. When no one claimed it, she put it away. "I could see there was money in it, but I didn't open it and count it," she said. "My first thought was to return it." At the end of Sobrevilla's shift, when no one had come for the wallet, it went into the store's safe. Advertisement SLIDE INTO YOUR ORECK STORE 7 SAN DIEGO LOCATIONS Monday morning, store manager Elva Valenzuela examined it. After counting the crisp $ioo bills, Valenzuela called the director of loss prevention. Vote'o Hilton Gard San Rancho Quicklinl Restauran Hotels Shopping Eldercare Yellow P Free Net, SignOn I News a6 Sign Cell PI Pri http://www. signonsandiego.com/news/metro/20061222-9999-6m22nccash.htnil 1/3/2007 SignOnSanDiego.com > News > Metro -- Lucky shopper gets $1,300 cash returned Page 2 of 3 Traffic Surf Report Archives E-mail Newsletters Wireless I RSS Noticias en Enlace Internet Access Sponsored Links Lower Blood Pressure Doctors agree, it's a safe and natural way to Lower Blood Pressure www.resperate.com Hoodia Diet: Seen on 60 Minutes New Hoodia Diet Patch Promises Fast Weight Loss, No Hunger! 1 Week Free w ww. cu rbyo u rcra v i ng... Need Health Insurance? Find out how YOU might save 100's! Get Free Quotes from local agents! www. USA Hea IthQu ot... There was no identification card in the wallet, only the cash, several receipts and a Smart & Final card with Ahnanza Ruiz's name on it. Because of privacy policies, the companies wouldn't release information about her. There was one clue: a payment Almanza Ruiz made to a telephone company listed her name and telephone number on the receipt. "I called the number at least 10 times and no answer," said Marco Mitrowke, the store's director of loss prevention. Finally, Wednesday evening, someone answered. "She knew exactly what was in it and the color of it," Mitrowke said. "It was hers." On Monday, when Almanza Ruiz realized she had lost her wallet, she figured she'd never see it or her money again. "There wouldn't have been any presents," she said. "We wouldn't have been able to pay the bills." Yesterday afternoon, Sobrevilla handed the wallet back to a smiling Almanza Ruiz. She opened it and counted the bills. "It's all there," she said. "Thank you." Almanza Ruiz and her husband, Jose Margarito Sanchez, said they were carrying so much cash because they were Christmas shopping for their seven children and 10 grandchildren. They had planned to go to the bank afterward. "I came to the store to buy clothes," Almanza Ruiz said. "This is a miracle." • Tanya Sierra: (619) 498-6631; tanya.sierraCauniontrib.com Sponsored Links Lower Blood Pressure Doctors agree, it's a safe and natural way to Lower Blood Pressure www.resperate.com Hoodia Diet: Seen on 60 Minutes New Hoodia Diet Patch Promises Fast Weight Loss, No Hunger! 1 Week Free www.curbyourcrayings.com/hoodia What's Your Credit Score? The average U.S. credit score: 675. The cost to see yours: $0. www.freecreditreport.com Refinance Today 3.8% $340,000 mortgage for $1,100/mo. Get 4 free quotes. Bad credit OK! www.lendgo.com Seaside Vacation Homes Discover the wonders of Loreto Bay. The Jewel of Baja, Mexico. www.loretobay.com DISHV EL CA. Sycuan DRIVI SAN D YOUN SIGN ( Line C. SAN D THE G MAR Sales TEME( SEA SI PROM SHEET WORT SAN D CALIF' COMP SYSTE Hotel I SET-U CORO] KSL L, RES OF PHOTI RAT.F.� Guides Vegas Travel Wine Baja Casino Golf Gaslamp http://www.signonsandiego.com/news/metro/20061222-9999-6m22nccash.html 1/3/2007 City of National City Human Resources Department 140 East 12`h Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM DATE January 3, 2007 ITEM #: 3 1/16/07 TO Dionisia Trejo, Senior Office Assistant (Mayor/Council Office) Lavonne Watts, Executive Assistant II (city Manager's Office) FROM Lilia Munoz, Executive Assistant II✓� SUBJECT : EMPLOYEE RECOGNITION The following City employee has completed his twenty-five years of service with the City of National City on December 8, 2006: NAME : JOE H.A. SMITH POSITION : WASTEWATER SUPERVISOR (Acting PW & Special Projects Director) HIRED December 8, 1981 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, January 16.2007, Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter, anniversary pin, and gift catalog will be sent prior to the presentation. Thank you. xc: Joe Smith, Acting PW & Special Projects Director RECOGPRG.DOC-11 Recycled Paper ITEM #4 1/16/07 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — 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 thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". 'f City of National City, California COUNCIL AGENDA STATEMENT January 16, 2007 MEETING DATE AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council to approve, accept, and record a street dedication as part of a four lot parcel map located at Grove and 22" Street (LS-2005-3) PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering EXT. 4394 Mr. Jorge Rojas, the owner of the property, has submitted a parcel map with street dedication for a property located at northeast corner of 22nd and Grove Street for the City Council's approval, acceptance and filing with the County Recorder. The final parcel map consists of 4 single-family lots. The Planning Commission has reviewed and approved the tentative map by Resolution Number 29-2005 on November 7, 2006. The Engineering and Planning Department also have approved the Parcel Map. There is a street dedication on this map. CEnvironmental Review Financial Statement N/A N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. 1G(. BOARD / COMMISSION RECOMMEN TION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Parcel Map 2005-3 A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DEDICATION OF REAL PROPERTY FROM RICHARD A. AND AMADA R. ROJAS FOR STREET PURPOSES AT THE NORTHEAST CORNER OF 22ND STREET AND GROVE STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND BE IT RESOLVED by the City Council of the City of National City as follows: 1. That Richard A. and Amada R. Rojas have offered to dedicate the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City hereby accepts said offer of dedication, and directs that said property be dedicated for public right-of-way purposes. 3. That the described parcels of land in Exhibit "A" shall henceforth be known as a portion of the northeast corner of 22nd Street and Grove Street. PASSED and ADOPTED this 16th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OWNER'S STATEMENT AE HEREBY STATE THAT WE ARE THE OWNERS 0F. OR ARE INTERESTED IN THE LOUD SUBDIVIDED BY THIS MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. WE HEREBY DEDICATE TO THE PUBLIC USE PORTIONS or GROIN: STREET AND 22ND STREET AS SHONN ON THIS MAP WITHIN THIS SUBDIVISION. JORGE ROJAS, TRUSTEE DOLORES ROJAS, TRUSTEE UNDER DECLARATION OF TRUST DATED DECEMBER 1*. 1998. FIDELITY NATIONAL TITLE INSURANCE COMPANY AS TRUSTEE UNDER DEED TRUST RECORDED AUGUST 20. 2003 AS DOCUMENT N0. 200S-01014430 OFFICIAL RECORDS. BY: 1TE STATE OF CALIFORNIA 02 COUNTY OF SAN DIEGO I SS ON BY: n1LE: BEFORE ME PERSONALLY APPEARED ERSALLY MTHE (OR PROVED TO ME ON E BASIS CF SATISFACTMORY ENDENCE)TTO BE THE PERSON(S) WHOSE NAMES) IS/ARE SUBSCRIBED TO THE 'WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME MAT HE/SHE/THEY EXECUTED THE 541E IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND WHAT BY HIS/HER/THEIR SICNANRE(S) ON THE INSTRUMENT THE PERSCN(S), 0R THE ENTITY UPON BEHALF Of WHICH THE PERSON(S) ACTED. ExEG1TE0 THE INSTRUMENT. WTNESS MY HAND SIGNATURE: 4Y CON44159014 EXPIRES ON PRINTED NAME OF NOTARY PRINCIPAL PLACE OF BUSINESS COUNTY STATE DF CALIECR 22 COUNTY OF SA OECD) SS. DN BEFORE ME. PERSONALLY APPEARED PERSONALLY KNO. TO ME (OR PROVED TO ME ON ME BASIS CF SATISFACTORY EVIDENCE) TO DE THE PERSON(S) WHOSE NAME(5) IS/ARE SUBSCRIBED TO THE WTIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED ME SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(E5), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSCN(5), DR THE ENTITY UPON BEHALF OF 01110H THE PERSON(5) AC1E0, EXECUTED ME INSTRUMENT. 1MMESS MY HAND SIGNATURE - MY COMMISSION EXPIRES ON PRINTE0 NAME Of NOTARY PRINGPAL PLACE OF BUSINESS COUNTY THE GROVE CASE No. LS-2005-3 BEING A SUBDIVISION OF: LOTS 20 THHRI) 29 INCLUSIVE IN BLOCK I OF VESTMEW FIRST SUBDIM5Ol, M THE CITY OF NATIONAL CITY, COUNTY OF SAN DECO, STATE OF CAIFORNIA, ACCORDING TO MAP THEREOF NO. 1794 FILED IN THE OFFICE OF THE COUNTY RECORDER CF SAN DIEGO COUNTY CN MARCH 6, 1924. PRELIMINARY TITLE REPORT STATEMENT SUBDIVISION GUARANTEE BY CHICAGO RILE COMPANY ORDER No. 603040913-U50 DATED TAX DEPOSIT CERTIFICATE H, THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO. CALIFORNIA HEREBY CERTIFY THAT THE PROVISIONS OF NNE SUBDIVISION MAP ACT (DIVISION 2 CC TITLE 7 OF THE GOVERNMENT CODE) REGARDING (o) DEPOSITS FOR TAXES AND (E) CERTIFICATION OF 111E ABSENCE OF LIENS FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE NOT YET PAYABLE, HALE BEEN COMPLIED NTH. THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS DATE: BY. DEPUTY CITY CLERK'S CERTIFICATE K. NICK INZUNZA, MAYOR AND MICHAEL R. DALLA, CITY CLERK. OF GTY OF NATIONAL CITY. CALFCRNIA HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION No. HAS APPROVED THIS SUBD9STON MAP CON51$RNC OF 2 SHEETS, HAS ACCEPTE0 ON BEHALF OF DIE CITY MOSE PORTIONS OF GROVE STREET AND 22ND STREET AS DEDICATED ON SAID MAP. ME ALSO CERTIFY THAT THE PROPER PUBLIC NOTICE HAS BEEN OVEN APPROVING THIS SUBOI190N MAP. BY: NICK INZUNZA, MAYOR NATIONAL G1Y, CAL1FpRNA 0Y MICHAEL R. DALLA CITY CLERK Of NATIONAL CITY, CALIFORNIA ALGERT ENGINEERING, INC. 420 BROA➢WAY, CHULA VISTA, CA. 91910 {619)420-7090 IN 6360 DATE: DAZE: PARCEL MAP NO SHEET 1 OF 2 SHELL ENGINEER'S STATEMENT I. JAMES H. ALGER!, A REGISTERED CIVIL ENGINEER OF THE STATE OF CALIFORNIA STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME 0R UNDER 4Y DIRECTION BETWEEN SEPTEMBER 2004 AND NOVENBER 2004 AND SAID SURVEY IS TRUE AND COMPLETE AS 9HOM11: THAT MONUMENTS OF INC CHARACTER INDICATED HAVE BEEN SET OR FOUND AT THE SUBDIVISION BOUNDARY CORNERS AND I GULL SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT THE POSITION INDICATED 9Y INC 1O0EIq ON THIS MAP WHIN THIRTY DAYS AFTER TIE COAPIETOH OF THE REQUIRED IMPROVEMENTS AJAR) TER ACCEPTANCE BY THE CRY Cf NATIONAL MY; AND THAT SUCH MONUMENTS ARE. OR MILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 2). .LAMES N. ALGERT RCE 19073 EXPIRES: 09-30-D7 DATE: CITY ENGINEER'S STATEMENT I HEREBY STATE TAT THIS MAP WAS EXAMINED BY ME OR URGER MY DIRECT 91PERVI901 AND MAT THIS MAP DOES NOT APPEAR TO BE A MAP OF A MAJOR SUBDIV1S0N FOR WHICH A FINAL MAP IS REQUIRED PURSUANT TO SECTION 66426 OF 91BDIMSIUN NM ACT. I FURTHER STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE PARCEL MAP. F ANY. ANO ANY APPROVED ALTERATIONS THEREOF; MAT IT COMPLIES RIM THE REQUIREMENTS OF THE SUBOM50N MAP ACT AND ANY LOCH. O6ONANCES APPLICABLE. BY: DATE RQ� M. KIRKPATRICK EXPIRES: I AM SATISFIED THAT MIS MAP IS TECHNICALLY CORRECT. BY: DATE: MICKEY B. AGUIRRE RCE 27640 EXPIRES: 3-31-OB RECORDER'S STATEMENT FILE NO. J. SMITH, HEREBY CERTIFY Y THATTII HAVE ACCEPTED FOR RELURUA EN NIS IMA4'FlTY RECORDER OF THE COUNTY OF EEp A TTNNE REOUEST OF JMES H. ALTERT. MIS__DAY OF 200 AT GREGORY .1. SMITH By: COUNTY RECORDER FEE: t0.00 DEPUTY COUNTY RECORDER 1 Ca I86.1737 A.P.N. 557-050-50 'Nu 1191HX3 PARCEL MAP NO FOUND 4 CROSSES ON M.H. RIM PER CITY TIE 91T 23 DETAIL A. SHT 22A to 0 co FOUND 1" NON PIPE NCH DIV '0W HWYS TAG ' PER 145773 9RT 7 N715939'E 20TH STREET : 30 oa I.LJ H (n 30 295.63' 0295.00' CALC> 18 17 54 18 19 7293'081 :Al FOUND 1)5' IRON PIPE NO RECORD ACCEPTED AC NF NINFR n 3/4• NOON PP&E DISC 3 U •REE19073' 295.40' 97.00 PARCEL 1 AREA:6,074 SO. FT. N7293081 97.00' PARCEL 2 a AREA: CROSS 6,075 SQ. FT. ry NET:5,989 S0. FT, a • • 97.00' }iv+'i yg_45 �Pa+r R � 23841' 76.95' 08.40' in PARCEL 3 AREA19,1307 S0. FT. 90.00 PARCEL 4 AREA:5,044 50. FT. 198.34' 90.87' 7293'09'E N729343'E �� N72113'431 FOUND 4 5f'1 ON n ON7052E Y.H. RIM NO RECORD 22ND REFER TO CITY 1E SHEET 23 (TIE POINTS PER SAID S14EET NOT FOUND) CURVE DATA TABLE Q1 LA31.46' 420.00' S=9096'14' ALGERT ENGINEERING, INC. .IN G249 FOUND RAILROAD SPIKE W/ PINCH MARK PER PM 16543. PM 8287 & PM 5765. PORTION OF GROVE ST 5 22ND ST FOR PUBLIC USE EASEMENT DEDICATED HEREON 295.34' Q95.00' CAC> PONI 'A- -\ 116.92' 355.33' 355.0> [335.67] /FOUND RAILROAD SPIKE W/ PUNCH MARK PER CITY 11E SILT PM 13459. PM 5765 & PM 16543 FOUND PK STRADDLERS PER CITY RE PIT 23 & PM 13459 N7O43134*E) SE CITY TIE SHT 23 MAP 1535-1 PROSPECT 2.4 C M5ERGEE CE 9244 ATI T TI1. 1 44 N 1,62 .536.880 E 6,306,080.780 N6315251'E 99.45' SHEET 2 OF 2 SHEETS RASIS (1F BEARINGS THE BASIS OF BEARINGS FOR 114I5 SURVEY IS THE CAUFORNIA COORDINATE SYSTEM ZONE 6, EPOCH 1991.35. BEARING AS MEASURED BETWEEN STATION 1244 MO STATION 1247 PER ROS 14492, LE N48'4O07E QUOTED BEARN05 FROM REFERENCE MAPS DR DEEDS MAY OR MAY NOT BEN TERMS OF SAID SYSTEM. THE COMBINED GRID FACTOR AT STATION 1244 IS 1.0000192 GRID DISTANCE. GROUND DISTANCE a COMBINED CRUD FACTOR. LEGEND. • INDICATES FOUND MONUMENT AS NOTED 119 INDICATES FOUND 1" IRON PIPE MTN 'DIV I6GNWAYS' TAG SEE M5 773 ❑ INDICATES SET LEAD AND DISC "BCE 19073', N PEDESTRIAN RAMP 9 INDICATES SET 9 IRON PPE 1119i DISC "BCE 19073'. () INDICATES RECORD DATA PER PM. 13459 < > INDICATES RECORD DATA PER MAP NO. 1784 (] INDICATES RECORD PER OTT TIE SHEET INDICATES 9UBDIM90N BOUNDARY GR05S SUBONSON AREA 37.002 SO.PT. Er NY }� -''' - cj6o L1A5j5 roT'E z - ; zs POINT 'A' 7293'431 N 1,824,665.46 275 29' E 6,306,431.97 NAD83 TIES DETAIL NO SCALE ^ F0Cz READ DISC STREET /-"BCE PER / PM 16543 P9 513 0 J LTJ < NATIONAL CITY VICINITY MAP NO SCALE GRAPHIC SCALE (UN FGT1 I levy - 40 R INAD. 83C 178-1743 LC, 151-1729 T.M. S11B/111 LS-2005-3 „V„ 1I8IHX3 2E INTERESTED CONSENT TO ISTING OF 2 GROVE STREET ; SUBDIVISION. JSTEE 1998. EE UNDER DEED 2003-01014430 1LY APPEARED KNOWN TO VIDENCE) TO 0 THE WITHIN EEY EXECUTED AND THAT BY :RSON(S), OR D. EXECUTED _COUNTY THE uROVE CASE No. LS— 2005— 3 BEING A SUBDIVISION OF: LOTS 20 THRU 29 INCLUSIVE IN BLOCK 1 OF WESTVIEW FIRST SUBDIVISION, IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1784 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 6, 1924. PRELIMINARY TITLE REPORT STATEMENT SUBDIVISION GUARANTEE BY CHICAGO TITLE COMPANY ORDER No. 603040913-U50 DATED TAX DEPOSIT CERTIFICATE THOMAS J. PASTUSZKA. CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (o) DEPOSITS FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE. COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT THOSE NOT YET PAYABLE. HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS DATE: BY. DEPUTY CITY CLERK'S CERTIFICATE WE, NICK INZUNZA. MAYOR AND MICHAEL R. DALlA, CITY CLERK, OF CITY OF NATIONAL CITY, CALIFORNIA. HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION No. HAS APPROVED THIS SUBDIVISION MAP CONSISTING OF 2 SHEETS, HAS ACCEPTED ON BEHALF OF THE CITY NOSE PORTIONS OF GROVE STREET AND 22N0 STREET AS DEDICATED ON SAID MAP. ENGINEER'S STAT] 1, JAMES H. ALCERT, A REGISTEREI THAT NE SURVEY OF THIS SUBDII SEPTEMBER 2004 AND NOVEMBER THAT MONUMENTS OF THE CHARM SUBDIVISION BOUNDARY CORNERS; CHARACTER AND AT THE POSITION DAYS AFTER THE COMPLETION OF THE CITY OF NATIONAL CITY; AND ENABLE THE SURVEY TO BE RETR4 JAMES H. ALGERT RCE 19073 EXPIRES: 09-30-07 DATE: CITY ENGINEER'S I HEREBY STATE THAT THIS MAP Y ANO THAT THIS MAP DOES NOT Af A FINAL MAP IS REQUIRED PURSW FURTHER STATE THAT THIS PARCEI PARCEL MAP, IF ANY, AND ANY Al THE REQUIREMENTS OF THE SUMO WE ALSO CERTIFY THAT THE PROPER PUBLIC NOTICE HAS BEEN GIVEN APPROVING THIS SUBDIVISION MAP. BY: STEPHEN M. KIRKPATRICK City of National City, California COUNCIL AGENDA STATEMENT 6 MEETING DATE January 16, 2007 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 205 TO THE CITY COUNCIL POLICY MANUAL PERTAINING TO INTRABUDGET ADUSTMENT REQUESTS FOR ACCOUNTS CONTROLLED BY THE MAYOR OR A COUNCILMEMBER PREPARED BY George H. Eiser, III ( DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the December 19, 2006 City Council meeting, the Mayor requested that an item be placed on the Council agenda establishing a policy for the transfer of funds from one account to another account, for accounts within the control of the Mayor or a member of the City Council. The procedure that is used for such a transfer of funds is referred to as an intrabudget adjustment request (IBAR). The proposed policy, which would apply to the Mayor and all Councilmembers, would require that for any account within the control of a Councilmember, the IBAR be signed by the Councilmember initiating the request, and also by the Mayor. For accounts within the control of the Mayor, the IBAR adjustment request shall be signed by the Mayor, and also by a Councilmember. In addition, a copy of the IBAR shall be sent by email to all members of the City Council. The proposed resolution would approve the addition of this policy as Policy Number 205 to the City Council Policy Manual. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Policy Number 205 Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING POLICY NUMBER 205 TO THE CITY COUNCIL POLICY MANUAL PERTAINING TO INTRABUDGET ADJUSTMENT REQUESTS FOR ACCOUNTS CONTROLLED BY THE MAYOR OR A COUNCILMEMBER WHEREAS, the procedure used for the transfer of funds from one account to another within a department is referred to as an intrabudget adjutment request (IBAR); and WHEREAS, it is the desire of the City Council to establish a policy that would requre that any IBAR for an account under the control of a Councilmember is to be signed by the Councilmember initiating the request, and also by the Mayor, and that any intrabudget adjustment request for an account within the control of the Mayor shall be signed by the Mayor and also by a Councilmember. Additionally, the policy will provide that a copy of the IBAR shall be sent by email to all members of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the addition of Policy Number 205 to the City Council Policy Manual to estabish a procedure for the transfer of funds from one account to another account, for accounts within the control of the Mayor or a Council member. PASSED and ADOPTED this 16`h day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: Intrabudget Adjustment Request Policy for the Mayor POLICY and City Council NUMBER: 205 ADOPTED: January 16, 2007 AMENDED OR REVISED: Page 1 of 2 PURPOSE To establish a procedure for the transfer of funds, from one account to another for accounts within the control of the Mayor or a City Councilmember. POLICY The intrabudget adjustment request (IBAR) is the procedure that is utilized to transfer funds from one account to another within a department. In the event of a transfer of funds from one account to another account for accounts within the control of a Councilmember, the intrabudget adjustment request shall be signed by the Councilmember initiating the request, and also by the Mayor. For accounts within the control of the Mayor, the intrabudget adjustment request shall be signed by the Mayor, and also by a Councilmember. In addition, a copy of the request shall be sent by email to all members of the City Council. The Intrabudget Adjustment Request attached to this Policy is to be used in making such requests. TITLE: Intrabudget Adjustment Request Policy for the Mayor POLICY and City Council NUMBER: 205 ADOPTED: January 16, 2007 AMENDED OR REVISED: DATE. INTRABUDGET ADJUSTMENT REQUEST Page 2 of 2 DEPARTMENT ACTIVITY OR DIVISION STATEMENT OF PROBLEM AND TIME URGENCY AMOUNT NEEDED S FROM: TO: TRANSFER: ACCT. # ADMINISTRATIVE REVIEW/COMMENTS DEPARTMENT HEAD TITLE THIS PORTION TO SE COMPLETED IV FINANCE DEW/WENT UNENCUMBERED AS FINANCE BALANCE OF INITIAL ORIGNAL PREVIOUS APPROPPTARON TRANSFERS IN[OUT] C.M. Approval Disapproval Date cc: Budget File • White Requesting Dept. Head • Yellow City Manager • Fink Originating Dept. • Goldenrod Approval Disapproval FIN. DIR Date Date Posted rw a wo City of National City, California COUNCIL AGENDA°STATEMENT MEETING DATE January 16, 2007 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE CITIES READINESS INITIATIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN PREPARED BY Walter Amedee i"Jt .�' DEPARTMENT Fire/Police Homeland Security Manager EXPLANATION The Strategic National Stockpile (SNS) is a federally owned cache of pharmaceuticals and vaccines required during certain public health emergencies (bioterrorism or naturally occurring). Structured and organized plans at the local level will help ensure a coordinated response effort that will protect the health and safety of its citizens as well as foster confidence in the public health system's ability to respond to an emergency. This plan must be designed to assure that National City first responders and their households will be provided with appropriate preventive pharmaceuticals (prophylaxis) within 48 hours of the decision to do so. The City Manager's Office appointed a Steering Committee to assist the County Public Health Department and URS (Consultant) to complete a draft of National City's Cities Readiness Initiative, First Responder Mass Prophylaxis Plan by August 2006. National City will participate in the San Diego County Full Scale Exercise scheduled for March 2007. Upon completion of the exercise, a final draft of the Cities Readiness Initiative, First Responder Mass Prophylaxis Plan will be created no later than August 30, 2007. In exchange for completing Exhibit A - Statement of Work, National City will receive $60,000 to be divided between the City's Fire and Police Department for disaster preparedness. Environmental Review J N/A Financial Statement Approved By: Finance Director Minor impact; Cities Readiness Initiative, First Responder Mass Prophylaxis Plan requires staff time to finalize the plan, which will be reimbursed with $60,000 to be divided between the City's Fire and Police Department for disaster preparedness. Account No. .2 - 4/1- - 4 a.- q/2-.35 STAFF RECOMMENDATION Staff recommends the Mayor be authorize t ign t e agre-ment with the County. Direct Staff to provide requested information necessary to finalize a First Responder Mass Prophylaxis Plan and request reimbursement for costs. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Agreement with National City for Participation in Cities Readiness Initiative, First Responder Mass Prophylaxis Plan Exhibit A — Statement of Work Exhibit B — Insurance and Bonding Requirements Exhibit C — Payment Schedule Resolution A 200 (9/99) RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE CITIES READINESS INITIATIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN WHEREAS, the Strategic National Stockpile (SNS) is a federally owned cache of pharmaceuticals and vaccines required during certain public health emergencies (bioterrorism or naturally occurring); and WHEREAS, structured and organized plans at the local level will help ensure a coordinated response effort that will protect the health and safety of its citizens as well as foster confidence in the public health system's ability to respond to an emergency; and WHEREAS, the Cities Readiness Initiative, First Responder Mass Prophylaxis Plan must be designed to assure that National City first responders and their households will be provided with appropriate preventive pharmaceuticals (prophylaxis) within 48 hours of the decision to do so; and WHEREAS, an Agreement with San Diego County is required for National City to participate in the San Diego County Full Scale Exercise scheduled for March 2007, and in exchange the City will receive $60,000 to be divided between the National City Fire and Police Departments for disaster preparedness. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with the County of San Diego for participation in the Cities Readiness Initiative, First Responder Mass Prophylaxis Plan. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A — STATEMENT OF WORK 1 Scope of Work/Purpose Contractor shall participate in exercises and training annually pertaining to the Contractor's specific Cities Readiness Initiative (CRI) emergency distribution and dispensing plan ("Plan") for the Strategic National Stockpile (SNS) program. The SNS is a federally owned cache of pharmaceuticals and vaccines required during certain public health emergencies (bioterrorism or naturally occurring). These annual trainings and exercises may include participation in exercises with of other agencies or development of a functional exercise or drill that pertains specifically to distribution and dispensing functions of the Contractor's Plan. This plan must be designed to assure that the National City first responders and their households will be provided with appropriate preventive pharmaceuticals (prophylaxis) with 48 hours of the decision to do so. Contractor shall assist the County by completing an After Action Report (AAR) and revising the Contractor's Plan to include the AAR recommendations for improvement and updates required. The AAR and revised Plan will be provided to the County no later than August 30, 2007 and preferably earlier. Depending on funding and the specific project, a project manager with a separate contract with the County may assist the County and the City with the coordination and completion of the contract's deliverables. 2 Background The dispensing of antibiotics and /or vaccines to thousands of individuals requires advanced emergency preparedness planning on the organizational and structural level, as well as the identification of necessary personnel and physical resources. The National Centers for Disease Control and Prevention (CDC) and the Office of Emergency Preparedness (OEP) with the US Department of Health and Human Services played a major role in the East Coast prophylaxis efforts for anthrax. The State of California has a Memorandum of Agreement (MOA) with the CDC for receipt, distribution and dispensing of the SNS. However, any state, region, or local jurisdiction must face the possibility that federal resources may not be available to assist if multiple areas require assets simultaneously. Structured and organized planning at the local level will help ensure a coordinated response effort that will protect the health and safety of its residents as well as foster confidence in the public health system's ability to respond to an emergency. When a suspected or confirmed act of bioterrorism (or naturally occurring public health emergency) occurs, it may be necessary to initiate mass prophylaxis operations. The County Public Health Officer (PHO) is responsible for the overall management of emergency public health services within the Operational Area during such an event. Exhibit A SOW National City Page 1 of 4 COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A — STATEMENT OF WORK 3 Goal The goal of this project is to update and revise the Contractor's executable Cities Readiness Initiative (CRI) Distribution and Dispensing Plan based on actual performance of those persons who will be called upon to respond to the activation of this Plan. Exercise and Training evaluation, the After Action Report Improvement Plan and corrective actions must be included as part of Plan revisions and the Contractor must ensure that the plan meets County, CDC and CDHS SNS and CRI guidelines, with procedurally specific steps to provide oral medications and to track distribution and dispensing of the pharmaceuticals to the National City first responder, critical services employees and their households. Priority focus should be on training and drilling the National City EMS, fire, law enforcement and critical city services, then expanding the training and drilling to other members of the City's workforce. 4 Contractor Work Plan/Timelines 4.1 Within 15 days of contract execution, Contractor will develop a detailed Work plan with timelines to ensure completion of this Statement of Work no later than August 30, 2007 and preferably earlier. 5 General Requirements 5.1 Contractor shall ensure that appropriate City officials and first responder and other designated staff attend planning meeting(s) with the County to begin framing the project. Subsequently, Contractor shall provide a written monthly status update report to the County to discuss progress in completing project deliverables. 5.2 Contractor shall work in collaboration with the County. Specifically, Contractor shall: 5.2.1 Develop the composition of the planning team; 5.2.2 Evaluate and determine changes in individual roles and responsibilities for City staff that would be involved in implementing the Distribution and Dispensing Plan in an emergency; 5.2.3 Evaluate appropriate alternatives/options; 5.2.4 Determine risks and mitigating actions; 5.2.5 Review current AAR Improvement Plan 5.2.6 Provide written recommendations; 5.2.7 Implement corrective actions; Exhibit A SOW National City Page 2 of 4 COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A — STATEMENT OF WORK 5.2.8 Prepare a monthly written project status report that is due to the County by the first week of the following month until the project is completed. Meeting minutes or summaries with signed attendance rosters will suffice for this deliverable. 6 Specific Requirements 6.1 Contractor shall provide a final draft of a revised executable CRI Distribution and Dispensing Plan for the SNS by August 30, 2007 and preferably earlier. Depending on funding and the specific project, a project manager with a separate contract with the County may assist the Contractor with this deliverable. Plan components include the following: 6.1.1 Tactical communication requirements 6.1.2 Distribution/dispensing strategies 6.1.3 Alternate dispensing methodologies 6.1.4 Tracking requirements and responsibilities 6.1.5 Security Requirements 6.1.6 Command and Control 6.1.7 Organizational chart including all key City personnel and roles in executing the Plan. 6.1.8 Ability to activate Plan within twelve (12) hours of notice and be operational 24/7 until emergency is over. 6.1.9 Initial and recurrent training/exercise requirements. 6.1.10 Identification of resources outside the City of National City that are required to execute the Plan and development of formal Memorandum of Agreements to secure those resources when needed. 6.1.11 Corrective action or revisions made based on AAR Improvement Plan or training evaluations. Contractor shall provide written comments/recommendations to the County so that the final draft of the CRI Distribution and Dispensing Plan (Deliberative Process) is completed no later than August 30, 2007. The final draft shall incorporate information learned and contained in the After Action Report/Improvement Plan discussed below. 7 Exercise 7.1 Contractor will participate in one functional exercise or drill provided by another agency if it is related to the CRI distribution or dispensing plan, OR Exhibit A SOW National City Page 3 of 4 COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT A — STATEMENT OF WORK 7.2 If no exercise is available by another agency or the Contractor requests, the Contractor shall design its own CRI exercise with a County provided Project Manager with a separate contract with the County. 7.2.1 Contractor shall ensure that key City staff participates in two planning conferences with the County provided Project Manager and the County to design a functional exercise (FE) or drill simulating activation of the CRI Distribution and Dispensing Plan. 7.2.2 Contractor shall ensure that key City staff participates in the FE or drill. 7.2.3 Contractor shall ensure that FE or drill participants provide input into the After Action Report/Improvement Plan. Key City staff shall participate in the After Action Report/Improvement Plan conference to discuss FE or drill results. Contractor shall provide the County with written comments/recommendations pertaining to the After Action Report/Improvement Plan. Exhibit A SOW National City Page 4 of 4 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS ARTICLE 1 INSURANCE REQUIREMENTS FOR CONTRACTORS Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Commercial General Liability, Occurrence form, Insurance Services Office form CG0001. B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA0001. C. Workers' Compensation, as required by State of California and Employer's Liability Insurance. 2. Minimum Limits of Insurance Contractor shall maintain limits no Less than: A. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000. B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego. D. Professional Liability: $1,000,000 per claim with an aggregate limit of not less than $2,000,000. Any self -retained limit shall not be greater than $25,000 per occurrence/event without County's Risk Manager's approval. Coverage shall include contractual liability coverage. If policy contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any such aggregate limit has been paid or reserved, County will require additional coverage to be purchased by Contractor to restore the required limits. This coverage shall be maintained for a minimum of two years following termination of completion of Contractor's work pursuant to the Contract. a. Sexual Misconduct coverage including, but not limited to, coverage for negligent supervision and hiring required if Contractor provides and/or engages direct services to minors. 3. Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the County's Risk Manager. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 4. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: A. Additional Insured Endorsement Any general liability policy provided by Contractor shall contain an additional insured endorsement applying coverage to the County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. National City Exhibit B 1 of 3 5/2/02 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS B. Primary Insurance Endorsement For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Notice of Cancellation Each required insurance policy shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County at the address shown in section of Contract entitled "Notices". D. Severability of Interest clause Coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds. GENERAL PROVISIONS 5. Qualifying Insurers All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County's Risk Manager. 6. Evidence of Insurance Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with certificates of insurance and amendatory endorsements effecting coverage required by this clause. Contractor shall furnish certified copies of the actual required insurance policies within thirty days after commencement of Contract. Thereafter, copies of renewal policies, certificate and amendatory endorsements shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any policies of insurance, which Contractor has not delivered to County. 7. Failure to Obtain or Maintain Insurance; County's Remedies Contractor's failure to provide insurance specified or failure to furnish certificates of insurance, amendatory endorsements and certified copies of policies, or failure to make premium payments required by such insurance, shall constitute a material breach of the Contract, and County may, at its option, terminate the Contract for any such default by Contractor. 8. No Limitation of Obligations The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. 9. Review of Coverage County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. 10. Self -Insurance Contractor may, with the prior written consent of County's Risk Manager, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County's Risk Manager, Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract. National City Exhibit B 2 of 3 5/2/02 6 COUNTY CONTRACT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN EXHIBIT B — INSURANCE AND BONDING REQUIREMENTS 11. Claims Made Coverage If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: A. The policy retroactive date coincides with or precedes Contractor's commencement or work under the Contract (including subsequent policies purchased as renewals or replacements). B. Contractor will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Contract, including the requirement of adding all additional insureds. C. If insurance is terminated for any reason, Contractor shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Contract. D. The policy allows for reporting of circumstances or incidents that might give rise to future claims. 12. Subcontractors' Insurance Contractor shall require that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractors coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by County as a result of Subcontractors failure to maintain required coverage. 13. Waiver of Subrogation Contractor and County release each other, and their respective authorized representatives, from any Claims (as defined in the Article entitled "Indemnity" of the Pro Forma Contract), but only to the extent that the proceeds received from any policy of insurance carried by County or Contractor, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by Contractor hereunder shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said policy or policies. National City Exhibit B 3 of 3 5/2/02 COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT C- PAYMENT SCHEDULE 1. Payment of Services under Exhibit A Statement of Work will be paid the following fixed amounts after County review and acceptance: Administrative Adjustments: COTR may adjust the due date of the deliverable below, if the reasons for such modifications are acceptable. Statement of Work Deliverable Fixed Price Payment Work Plan/Timeline $8,000 Monthly Project Status Report SNS/CRI Exercise Jan 2007 $1,000 Feb 2007 $1,000 Mar 2007 $1,000 April 2007 $1,000 May 2007 $1,000 June 2007 $1,000 IPC $ 8,000 FPC $ 8,000 Exercise/Drill $10,000 Final Draft After Action Report/Improvement Plan $10,000 Final Draft Revised Distribution/Dispensing Plan $10,000 Total Not to Exceed Payment Amount $ 60,000 Exhibit C Page 1 of 2 National City COUNTY OF SAN DIEGO CONTRACT AGREEMENT WITH NATIONAL CITY FOR CITIES READINESS INITIATIVE ACTIVITIES EXHIBIT C- PAYMENT SCHEDULE 2. INVOICES Invoices shall be submitted to the following address: Public Health Services 6255 Mission Gorge Road San Diego, CA 92120 ATTN: Lorraine Ona Invoices must contain the following certifications: I certify, under penalty of perjury under the laws of the State of California, that no employee providing services under the terms and conditions of this contract is currently listed on the GSA Excluded Parties Listing or the OIG List of Excluded Individuals/Entities. I also certify that the above services were performed in accordance with the Agreement. Authorized Representative: Printed Name and Signature Date Signed Telephone and Fax Number Exhibit C Page 2 of 2 National City ci COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and between the County of San Diego, a political subdivision of the State of California ("County") and Contractor National City, located at 1243 National City Boulevard, National City, CA 91950 ("Contractor"), with reference to the following facts: RECITALS A. The County, by sole source letter, authorized the Purchasing and Contracting Director, pursuant to Article XXIII, Section 401of the Administrative Code, to award a Agreement for participation in the Cities Readiness Initiative (CRI) First Responder Mass Prophylaxis Plan. B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these services. C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to Section 703.10 of the County Charter. D. The Agreement shall consist of this pro forma Agreement, Exhibit A Statement of Work, Exhibit B Insurance Requirements and Exhibit C Payment Schedule. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE 1 PERFORMANCE OF WORK 1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement. 1.2 Contractor's Representative. Contractor's duties under this Agreement shall be performed on behalf of the Contractor by the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (1) Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder. Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Agreement without County's written consent. County reserves the right to terminate this Agreement pursuant to Clause 7.1 "Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work hereunder is not being performed by Contractor's Representative. 1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers' compensation benefits and injury leave. 1.4 Contractor's Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents, employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any such claim. H&H Gov Service Agreement National City Agreement - Page 1 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN ARTICLE 2 SCOPE OF WORK 2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County. 2.2 Right To Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest. ARTICLE 3 RESERVED ARTICLE 4 COMPENSATION 4.1 The Payment Schedule is in Exhibit C and the compensation is on the signature page. The County is precluded from making payments prior to receipt of services (advance payments). Invoices are subject to the following requirements: 4.2 Fiscal. County will pay Contractor the agreed upon price, pursuant to the Payment Schedule in Exhibit C for the work specified in Exhibit A, Statement of Work. 4.2.1 Accounting System And Fiscal Monitoring. Contractor shall provide and maintain an accounting and financial support system to monitor and control costs to assure Agreement completion. 4.3 Invoices and Payment. 4.3.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless other payment methodologies are negotiated and agreed to by both Contractor and County. Contractor shall submit approved invoices monthly to the COTR for work performed in the monthly period, accordingly. Contractor's monthly invoices shall include a statement certifying whether it is in compliance with Paragraph 8.12 of this Agreement. 4.3.2 Payments. County agrees to pay Contractor in arrears only after receipt and approval by Contracting Officer's Technical Representative "COTR" of properly submitted, detailed and itemized original invoice referencing the Agreement number and a detailed listing of each pay point target, accomplishment, unit price, and showing the appropriate calculation for each, a progress report documenting the status and accomplishments of Contractor during the billing period pursuant to Exhibit C, documenting the total invoiced amount by Contractor. A copy (or copies) of the invoice shall be submitted to Public Health Services, 6255 Mission Gorge Road, San Diego, CA 92120 Attention: Lorraine Ona. Each invoice so approved and paid shall constitute full and complete compensation to Contractor for the work product submitted and for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Payment shall be NET 30 days from receipt and approval of invoice unless otherwise stated. 4.3.3 Full Compensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full and complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary services specified in this Agreement. 4.3.4 Conditions Prerequisite To Payments. County may elect not to make a particular payment if any of the following exists: 4.3.4.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and material nature with respect to any information furnished to County. 4.3.4.2 Unauthorized Actions by Contractor. Contractor took any action pertaining to this Agreement, which required County approval, without having first received said County approval. 4.3.4.3 Default. Contractor was in default under any terms and conditions of this Agreement. 4.3.5 County Approval. As identified above, all subcontracts under this Agreement shall have prior written approval of the Contracting Officer Technical Representative. County may withhold payment until reports, data, audits or other information required for Agreement administration or to meet County or State reporting or auditing requirements are received and approved by COTR or designee. The County may also withhold payment if, in the County's opinion, Contractor is in non-compliance with this Agreement. H&H Gov Service Agreement National City Agreement - Page 2 of 13 Rev October 2006 11 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 4.3.6 Availability of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and are made available for such performance. County shall have the right to terminate this Agreement or reduce compensation and service levels proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or County funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10) days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no agreement is reached between County and Contractor within 10 days of the first meeting, either party shall have the right to terminate this Agreement within ten (10) days written notice of termination. In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which County may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits on the portion of this Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 4.3.7 Disallowance. In the event the Contractor receives payment for services under this Agreement which is later disallowed by the County, Contractor shall promptly refund the disallowed amount to County on request, or at its option, County may offset the amount disallowed from any payment due or to become due to Contractor under any Agreement with the County. 4.3.8 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer. ARTICLE 5 AGREEMENT ADMINISTRATION 5.1 County's Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer ("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has designated the individual identified on the signature page as the Contracting Officer's Technical Representative ("COTR"). 5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's Agreement administrative functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COTR is not authorized to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a properly executed amendment to this Agreement, may make changes to the scope of work or total price. 5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COTR may make Administrative Adjustments ("AA") to the Agreement, such as line item budget changes or adjustments to the service requirements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the Agreement period or the total Agreement price. Each AA shall be in writing and signed by COTR and Contractor. All inquiries about such AA will be referred directly to the COTR. 5.2 Agreement Progress Meeting. The COTR and other County personnel, as appropriate, will meet periodically with the Contractor to review the Agreement performance. At these meetings the COTR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will be taken to resolve any areas of disagreement. H&H Gov Service Agreement National City Agreement - Page 3 of 13 Rev October 2006 1 R, COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN ARTICLE 6 CHANGES 6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Agreement, whether changed or not changed by an such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. 6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days from the date of receipt by the Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as changed. ARTICLE 7 TERMINATION 7.1 Termination For Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, County will send Contractor written notice specifying the cause. The notice will give Contractor 10 days from the date the notice is issued to cure the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any reimbursement to Contractor for the purpose of off -setting until such time as the exact amount of damages due County from Contractor is determined. 7.1.1 If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 7.2 Damages For Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be inured had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County as allowed by law. 7.3 County Exemption From Liability. In the event there is a reduction of funds made available by County to Contractor under this or subsequent Agreements, the County of San Diego and its Depaitments, officers and employees shall incur no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities arising directly or from such action. 7.4 Termination For Convenience, The County, by written notice stating the extent and effective date, may terminate this Agreement for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for performance until such termination: 7.4.2 The unit or pro rata price for any delivered and accepted portion of the work. 7.4.3 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price. H&H Gov Service Agreement National City Agreement - Page 4 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 7.4.4 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 7.5 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 7.6 Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach) of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from County. ARTICLE 8 COMPLIANCE WITH LAWS AND REGULATIONS 8.1 Conformance With Rules And Regulations. Contractor shall be in conformity with all applicable Federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. 8.2 Contractor Permits and License. Contractor shall obtain and maintain, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of documentation required in order to comply with all existing domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IlIk (commencing at Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by COTR or from the County of San Diego Internet web -site (www.co.san-diego.ca.us). 8.5 Non Discrimination Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical or mental disability in accordance with Title IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq.) of the California Government Code, and Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the CCR. 8.6 AIDs Discrimination. Contractor shall comply with all state and federal laws which ensure that an individual is not discriminated against because of his or her HIV/AIDS status. 8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in employment, public services, transportation, public accommodations and telecommunications services in compliance with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24. 8.8 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec- tion with the performance of this Agreement. 8.9 Drug and Alcohol -Free Workplace. The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all County -employed Contractors and Contractor employees shall assist in meeting this requirement. 8.9.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment: 8.9.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. H&H Gov Service Agreement National City Agreement - Page 5 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 8.9.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 8.9.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 8.9.2 Contractor shall inform all employees who are performing service for the County on County property or using County equipment of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. 8.9.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the conditions listed herein. 8.10 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors: 8.10.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County's requirements; and 8.10.2 Board Policies B-53 and B-39a, which encourage the participation of small and disabled veterans' business enterprises in County procurements; and 8.10.3 Zero Tolerance For Fraudulent Conduct In County Services. Contractor shall comply with County of San Diego Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be "Zero Tolerance" for fraud committed by Contractors in the administration of County programs and the provision of County services. Upon proven instances of fraud committed by independent Contractors in connection with their performance under the Agreement, said Agreement shall be terminated; and. 8.10.4 Family -Centered Practice, Board Of Supervisors Policy E-13. Contractor shall comply with County of San Diego Board of Supervisors Policy E-13, "Family -Centered Practice." Family -centered practice addresses the needs of the whole family and is intended to promote and support conununity and family involvement to ensure safe and healthy environments for children; and 8.10.5 Zero Tolerance In Coaching Medi-Cal Or Welfare Clients (Including Undocumented Immigrants). The County of San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (in- cluding undocumented immigrants), to obtain services for which they are not otherwise entitled. As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees, while performing service for the County, on County property or while using County equipment shall not intentionally or willfully: (a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are undocumented inunigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. (b) support or provide funds to any organization engaged directly or indirectly in advising undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled. Contractor shall inform all employees that are performing service for the County on County property or using County equipment of County's Zero Tolerance Policy as referenced herein. County may terminate for default or breach this Agreement and any other Agreement Contractor has with County, if Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein. 8.11 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the H&H Gov Service Agreement National City Agreement - Page 6 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term "Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Lessee with respect to any third person under any Environmental Laws. 8.12 Debarment And Suspension. As a sub -grantee of federal funds under this Agreement, Contractor certifies that it, its principals, its employees and its subcontractors: 8.12.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency. 8.12.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 8.12.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and 8.12.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or local) terminated for cause or default. ARTICLE 9 CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT 9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of County. Without such written approval, performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement. 9.2 Conduct of Contractor Privileged Information. 9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. 9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Agreement. 9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Contractors or subcontractors in advance of official announcement. 9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee or official of the County. H&H Gov Service Agreement National City Agreement - Page 7 of 13 Rev October 2006 tb COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process shall be made to the private practice of any person(s) employed by the Contractor. 9.3 Prohibited Agreements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the following: 9.3.1 Persons employed by County or of public agencies for which the Board of Supervisors is the governing body. 9.3.2 Profit -making firms or businesses in which employees described in sub -section 9.3.1, above, serve as officers, principals, partners, or major shareholders; 9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub- sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and 9.3.4 Profit -making firms or businesses in which the former employees described in sub -section 9.3.3 above, serve as officers, principals, partners, or major shareholders. 9.4 Limitation Of Future Agreements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted in its future Contracting with the County to the manner described below. Except as specifically provided in this clause, Contractor shall be free to compete for business on an equal basis with other companies. 9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under this Agreement. 9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of Work. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 Claims Arising From Sole Acts or Omissions of County. County hereby agrees to defend and indemnify Contractor, its agents, officers and employees, from any claim, action or proceeding against Contractor, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, Contractor may participate at its own expense in the Parties defense of any claim, action or proceeding, but such participation shall not relieve County of any obligation imposed by this Agreement. Contractor shall notify County promptly of any claim, action or proceeding and cooperate fully in the defense. 10.2 Claims Arising From Sole Acts or Omissions of Contractor. Contractor hereby agrees to defend and indemnify County, its agents, officers and employees (hereafter collectively referred to in this paragraph as 'County') from any claim, action or proceeding against County, arising solely out of the acts or omissions of Contractor in the performance of this Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Contractor of any obligation imposed by this Agreement. County shall notify Contractor promptly of any claim, action or proceeding and cooperate fully in the defense. 10.3 Claims Arising From Concurrent Acts or Omissions. County hereby agrees to defend itself, and Contractor hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of County and Contractor. In such cases, County and Contractor agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 10.5 below. 10.4 Joint Defense. Notwithstanding paragraph 10.3 above, in cases where County and Contractor agree in writing to a joint defense, County and Contractor may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Contractor and County. Joint defense counsel shall be selected by mutual agreement of County and Contractor. County and Contractor agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.5 below. County and Contractor further agree that neither party may bind the other to a settlement agreement without the written consent of both County and Contractor. H&H Gov Service Agreement National City Agreement - Page 8 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 10.5 Reimbursement and/or Reallocation. Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, County and Contractor may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10.6 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance Requirements," attached hereto. ARTICLE 11 AUDIT AND INSPECTION OF RECORDS The County shall have the audit and inspection rights described in this section. 11.1 Audit And Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and accounting records relative to all its activities under this Agreement. Authorized Federal, State or County representatives shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County, State or Federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, County shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature that the difference cannot be corrected, County shall have the right to (I) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, County shall have the right to either (1) by Agreement or to otherwise have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided in the Termination clause. 11.2 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. 11.3 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by section 11.3.1 and 11.3.2, below: 11.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. 11.3.2 Record which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Agreement completion, whichever is longer. 11.4 Subcontracts. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontracts hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer under the County's prime Agreement. ARTICLE 12 INSPECTION OF SERVICE 12.1 Subject to Inspection. All performance (including services, materials, supplies and equipment furnished or utilized in the performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by H&H Gov Service Agreement National City Agreement - Page 9 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN the County to permit the inspector to determine whether Contractor's performance conforms to the requirements of this Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance. 12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and requirements of this Agreement, County may require Contractor to re -perform the services until they conform to said specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re -perform the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and requirements of this Agreement, the County shall have the right to either (I) without terminating this Agreement, have the services performed, by Agreement or otherwise, in conformance with the specifications of this Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to the performance of such services, or (2) terminate this Agreement for default. ARTICLE 13 USE OF DOCUMENTS AND REPORTS 13.1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement which the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 13.2 Ownership, Publication, Reproduction And Use Of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and other- wise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, tests, reports, from public agencies or counselors or any other source. Without the written permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and then only to persons having responsibilities under the Agreement, including those furnishing services to Project under subcontract. County and Contractor agree that all information and records obtained in the course of providing services to project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and regulations adopted pursuant thereto. However, at County's request, Contractor shall permit County access to all records and information regarding the project and confidentiality shall not be a bar to County's access to all records and information. 13.4 Maintenance Of Records. Contractor shall maintain and keep available all records within the County of San Diego for a minimum of three (3) years from the ending date of this Agreement unless County agrees in writing to an earlier disposition. 13.5 Custody Of Records. County, at its option, may take custody of Contractor's client records upon Agreement termination or at such other time as County may deem necessary. County agrees that such custody and disclosure will conform to applicable confidentiality provisions of State and Federal law. Said records shall be kept by County in an accessible location within San Diego County and shall be available to Contractor for examination and inspection. 13.6 Audit Requirement. Contractors shall annually engage a Licensed Certified Public Accountant to conduct an annual audit of their agency's operations. Contractors that expend $300,000 or more of federal grant funds per year shall have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments, Public Law 104-156, and OMB Circular A-133. Contractor shall include a clause in any Agreement or agreement Contractor enters into with an audit firm to provide access by the County, State, Federal Government to the working papers of the independent auditor who prepare the audit for Contractor. Contractor shall submit when requested two (2) copies of the annual report and the (management letter) optional depending on statement of work to the County no later than fifteen (15) days after receipt from the independent Certified Public Accountant. 13.7 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely H&H Gov Service Agreement National City Agreement - Page 10 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN submission of these reports is a necessary and material term and condition of this Agreement, and Contractor agrees that failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by Contractor. 13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor services or to provide information about Contractor's project. ARTICLE 14 (RESERVED) ARTICLE 15 DISPUTES 15.1 In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt in good faith to resolve the dispute mutually between them. If unable to do so, then all matters in controversy shall be submitted to mediation. The parties shall select a mutually agreeable mediator within thirty (30) days of the request for mediation. Should the parties fail to resolve all of the matters in controversy at mediation, the parties may seek a judicial determination of the controversy. 15.2 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph 15.1 above. Nothing in this Agreement shall be construed as making fmal the decision of any administrative official, representative, or board on a question of law. ARTICLE 16 GENERAL PROVISIONS 16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County; County's consent shall not be unreasonably withheld.. The Contractor shall make no Agreement with any party for furnishing any of the work or services herein contained without the prior written prior concurrence of the COTR. 16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when signed by the Purchasing and Contracting Deputy Director. 16.3 Entire Agreement. This Agreement, together with all Sections attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded. 16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference. 16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 16.6 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 16.7 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof. 16.8 Modification: Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties. 16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other. 16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein. H&H Gov Service Agreement National City Agreement - Page 11 of 13 Rev October 2006 COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN 16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3) business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative identified on the signature page. 16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 16.14 Time. Time is of the essence of each provision of this Agreement. 16.15 Time Period Computation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday. 16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 16.17 Third Party Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor. Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited. 16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and materials distributed to the community shall identify the County of San Diego as the funding source for Contracted programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in this Agreement shall be filed with the COTR. County shall be advised at least 24 hours in advance of all locally generated press releases and media events regarding Contracted services identified in this Agreement. 16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such incidents to the COTR within one work day of their occurrence. H&H Gov Service Agreement National City Agreement - Page 12 of 13 Rev October 2006 2 ' COUNTY AGREEMENT NUMBER (Insert Number) AGREEMENT WITH NATIONAL CITY FOR PARTICIPATION IN CITIES READINESS INITITIVE, FIRST RESPONDER MASS PROPHYLAXIS PLAN SIGNATURE PAGE AGREEMENT TERM. This Agreement shall be effective this ls` day of January 2007 ("Effective Date") and end on August 30, 2007 ("Initial Term") for a total Agreement period of eight months. OPTION TO EXTEND. The County's option to extend is for four increments of one year each for a total of four years beyond the expiration of the Initial Term, not to exceed August 30, 2011, pursuant to Exhibit C Payment Schedule. Unless County notifies Consultant in writing, not less than 30 days prior to the expiration date that they do not intend to renew the Contract; the Contract will be automatically renewed for another year. Options To Extend For One To Six Additional Months At End Of Agreement. County shall also have the option to extend the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any Agreement term. The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised pursuant to this option clause unless provision for appropriate price adjustment .has been made elsewhere in this Agreement or by Agreement amendment. All payments are subject to "Availability of Funds." COMPENSATION. Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed sixty thousand dollars ($60,000) for the initial term of this Agreement in accordance with the method of payment stipulated in Article 4. COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR") Carmel J. Angelo, Acting Director Emergency Medical Services 6255 Mission Gorge Road San Diego, CA 92120 (619) 285-6539, (619) 285-6531 and email Carmel.angelo@sdcounty.ca.gov CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's Representative. Chris Zapata, City Manager or Designee National City 1243 National City Boulevard National City, CA 91950 Phone (619) 336-4240 fax (619) 336-4327 email czapata@ci.national-city.ca.us IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date first set forth above COUNTY OF SAN DIEGO National City By: By: WINSTON F. McCOLL, Director Ron Morrison, Mayor Department of Purchasing and Contracting Date: Date: APPROVED AS TO FORM AND LEGALITY By: Date: Senior Deputy County Counsel H&H Gov Service Agreement National City Agreement - Page 13 of 13 Rev October 2006 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2007 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of City Council approving amendment to extend term of agreement with Unified Port of San Diego for Shift Change: A Working Waterfront by Ming Lowe. v PREPARED BY: Susanna H. Peredo (619) 336-4243 Please see attached explanation. DEPARTMENT Community Services L Environmental Review N/A Financial Statement N/A r STAFF RECOMMENDATION Staff recommends that City Council approve the attached amendment to extend term of agreement with the Unified Port of San Diego to exhibit artist Ming Lowe's photographic exhibit, Shift Change: A Working Waterfront until March 1, 2007 in the National City Public Library. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Explanation 2. Amendment to extend term of agreement with the San Diego Unified Port District. Resolution No. EXPLANATION: Shift Change: A Working Waterfront, by photographer Ming Lowe is a traveling photography exhibit valued at $48,000 and is currently on display in the National City Public Library. This exhibit is on loan to the City of National City through the Port of San Diego's yearly $1.1 million Public Art Program. It consists of twenty-five framed and matted 25" x 32" color photographs highlighting Port industry along the waterfront; one framed panel with text and illustrations; exhibition catalogues; and a DVD. On November 15, 2006 National City, City Council unanimously approved the installation of this exhibit in the National City Public Library. It was installed on December 1, 2006 and is currently scheduled for de -installation on January 17, 2007. On January 5, 2007 Marta Garsd from the Port of San Diego's Public Art Department called with an offer to extend the exhibition dates in National City to March 1, 2007. Under the previously approved agreement, the City of National City was held responsible for the following: • Hanging photographs in accordance with professional museum standards regarding display, environmental control, lighting, visibility, and security. • Providing free access to all members of the community, including ADA access. • Providing at least two public notices in the form of press releases, website, or newsletter. • Providing a letter of self-insurance regarding its public liability exposures. (The City of National City currently has coverage for loaned artwork until July 1st 2007 under its property policy obtained through San Diego Pooled Insurance Program Authority (SANDPIPA). No additional cost is anticipated.) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO EXTEND THE EXHIBITION PERIOD OF THE ART EXHIBIT ENTITLED "SHIFT CHANGE: WORKING WATERFRONT" BY MING LOWE, TO MARCH 1, 2007 WHEREAS, on November 15, 2006, the City Council adopted Resolution 2006- 221 authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for the loan of an art exhibit for display in National City entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to the City of National City from December 1, 2006 to January 16, 2007; and WHEREAS, the art exhibit was installed in the National City Public Library on December 1, 2006, and is currently scheduled for de -installation on January 17, 2007; and WHEREAS, the San Diego Unified Port District has offered to extend the exhibition date to March 1, 2007; and WHEREAS, the City and the San Diego Unified Port District desire to amend the Agreement for the loan of the art exhibit to extend the exhibition period of the Agreement to March 1, 2007. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Amendment to Agreement with the San Diego Unified Port District to extend the date of the art exhibition entitled "Shift Change: Working Waterfront", by photographer Ming Lowe, to March 1, 2007. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR EXHIBITS This Amendment to Agreement is entered into this 16th day of January, 2007, by and between the SAN DIEGO UNIFIED PORT DISTRICT (the "DISTRICT") and the CITY OF NATIONAL CITY (the "EXHIBITOR"). WHEREAS, on or about November 15, 2006, DISTRICT and EXHIBITOR entered into an Agreement for Exhibits (the "Agreement") wherein DISTRICT granted EXHIBITOR the right to display a photographic art exhibition entitled Shift Change: Working Waterfront by photographer Ming Lowe. WHEREAS, pursuant to the Agreement, the Exhibition Period for the photographic art exhibition was to have begun on December 1, 2006 and ended on January 16, 2007. WHEREAS, DISTRICT and EXHIBITOR desire to amend Section 9 of the Agreement to extend the Exhibition Period up to and including March 1, 2007. NOW, THEREFORE, DISTRICT and EXHIBITOR, for the consideration of the mutual benefit to be derived therefrom, hereby agree that Section 9 of the Agreement for Exhibits entered into on or about November 15, 2006, is amended to state as follows: 9. EXHIBITION PERIOD The "Exhibition Period" means the period from December 1, 2006 up to and including March 1, 2007. Notwithstanding the foregoing, DISTRICT reserves the right in its sole discretion and with or without cause to decline or terminate the Exhibition at any time. With the foregoing exception, each and every provision of the Agreement for Exhibits entered into on or about November 15, 2006 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY By: By: Catherine Sass Ron Morrison, Mayor Public Art Director APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Duane E. Bennett George H. Eiser, III P ort Attorney City Attorney Nationee City, <:atitzv lea COUNCIL AGENDA STATEMENT January 16, 2007 MEETING DATE AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER # 25 PREPARED BY DEPARTMENT Tess Limfueco 619 336-4333 Finance EXPLANATION Ratification of Warrant Register # 25 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance firector STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,573,938.21 BOARD / COMMISSION RECOMM,I NDATION 4 ATTACHMENTS ( Listed Below ) 1. Warrant Register#25 2. Workers Comp Warrant Registers dated 12/13/06 3. Payroll register dated 12/13/06 Resolution l o. A-200 (9/8O) PAYEE ACCOUNTEMPS ACCOUNTEMPS ACTION TROPHIES & ENGRAVING AIRGAS-WEST ALL MAKES OFFICE MACHINE CO., AMERICAN HYDRO -VAC EQUIPMEN ARMANDO VERGARA AV GUYS BANK OF AMERICA BANK OF AMERICA BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BICHOWSKY BOLLING CALIFORNIA COMMERCIAL SECURI CAROLINES FLOWERS CARQUEST AUTO PARTS CHEVRON USA, INC. CHOICEPOINT CINGULAR WIRELESS CLAIMS MANAGEMENT ASSOCIATE CLAIMS MANAGEMENT ASSOCIATE CONDON CORPORATE EXPRESS City of National City WARRANT REGISTER # 25 12/19/2006 DESCRIPTION TEMP SRVCS REBELEZ W/E 12/01/06 TEMP SRVCS REBELEZ W/E 11/24/06 ACCOUNTABILITY TAGS MOP 45714 SENSOR OXYGEN REPAIR ADVOCATE V RECORDER 2006 AQUATECH B 10 SEWER FLUSHER TRU( REIMB FOR CODE BADGES DBX DUAL 31 BAND EQUALIZER -- CREDIT CARD PAYMT#7172 OCT'06 CREDIT CARD PAYMT#7172 NOV'06 LIAB CLAIM COSTS/HUNTER V. CNC LIAB CLAIM COSTS/LOVE V. CNC TREE INSPECTION/ NATL CITY BLVD RFND TRAVEL EXP-HUD CONF MOP 45754 - RE -KEY DOOR GOVT EXPENSES/WURBS & ZARATE MOP 47557 - INTAKE MANIFOLD UNIT #366 MOP 45699 - FUEL/CARD AUTO TRACK DATABASE - UNLIMITED ACC MONTHLY SVCS 619-306-7727 LIAB CLAIM COSTS/VOIGT V. NC LIAB CLAIM COSTS/NC V. COSTCO PARKING REIMB-FIRE CHIEFS CONF MOP 45704 BOOK & CALENDARS CHK NO 212163 212164 212165 212166 212167 212168 212169 212170 212171 212172 212173 212174 212175 212176 212177 212178 212179 212180 212181. 212182 212183 212184 212185 212186 DATE AMOUN 1,480.00 1,110.00 5.93 260.84 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 217,375.15 12/19/06 185.06 12/19/06 261.00 12/19/06 1,458.04 12/19/06 414.20 12/19/06 34,941.20 12/19/06 11,028.32 12/19/06 365.00 12/19/06 60.63 12/19/06 25.00 12/19/06 190.30 12/19/06 232.77 12/19/06 169.71 12/19/06 100.00 12/19/06 27.23 12/19/06 448.50 12/19/06 273.00 12/19/06 30.00 12/19/06 1,061.82 613.02 COUNTY OF SAN DIEGO CREST OFFSET PRINTING COMPANY CREST OFFSET PRINTING COMPANY DAY WIRELESS SYSTEMS DISCOUNT SPECIALTY CHEMICALS DIXIELINE LUMBER CO. DONALD JASMUND DREW FORD DSL EXTREME FEDEX FIRE ETC FIRST LEGAL SUPPORT SVCS FIRST LEGAL SUPPORT SVCS FLORES GRAINGER HEALTH CARE LOGISTICS, INC HPI INTERNATIONAL INC. IKON OFFICE SOLUTIONS/IOS IRON MOUNTAIN RECORDS JAS PACIFIC, INC: LASER SAVER INC LOCAL GOVERNMENT COMMISSION MAXIMUS, INC. MAXIMUS, INC. MEDINA MJC CONSTRUCTION N C CHAMBER OF COMMERCE NAPA AUTO PARTS NOWDOCS INTERNATIONAL, INC. OFFICE TEAM PBS&J PERRY FORD POWERSTRIDE BATTERY CO INC PROTECT AMERICA INC. RENEWAL/POOL PERMIT POSTCARD INVITATIONS!INZUNZA'S MAILING SRVC FOR POSTCARDS COMMU EQUIPT NOV 2006 SRVC SHINE IT ON PROTECTANT MOP 45707 DIXON LBR CRAYON LICENSE REIMB/JASMUND DONALD MOP 49078 - LEVER DSL SERVICE PAYMENT FOR FEDEX CHARGE PELICAN RECHARGEABLE BATTERY COURT FILING SRVCS OCT'06 COURT FILING SRVCS NOV'06 TRAVEL EXPS FOR GRANT CONE 3M 1860 N95 BIRD FLU MASK. 3707-01. SLIM LINE NARCOTIC CABINET. FILM 600 POLAROID COLOR COPIER METER READINGS 09/30-12/29/06 RCRD MGMNT & DOC STORGE SRVC BLDG OFFICIAL FEES NOV'06 MOP 45725 MICR EPE COMPATIBLE SMART GROWTH ZONING CODES BOOK FY01-02.SB 90 PROFESSIONAL SRVCS FY00-01 SB 90 PROFESSIONAL SRVCS PROTOCOL BOOKS REIMB/MEDINA R. DEC BILLING -PARADISE CREEK PARK PROJ CITY ENHANCEMENT FUND DEC'06 MOP 45735 - WHEEL NUT W2 & 1099 FORMS & ENVELOPES TEMP SRV HARROD W/E 11/3-17-24/06 AUG 2006 SRVCS-FY07 TAX ROLL ADMIN LABOR TO DIAGNOSE TRANSMISSION LIGH MOP 67839 - BATTERIES ALARM MONITORING FOR NOV 2006 212187 212188 212189 212190 212191 212192 212193 212194 212195 212196 212197 212198 212199 212200 212201 212202 212203 212204 212205 212206 212207 212208 212209 212210 212211 212212 212213 212214 212215 212216 212217 212218 212219 212220 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 424.00 471.43 205-00 867.9; 185.25 60.81 120.00 43.30 53.88 31.96 490.46 206.78 75.35 288.73 330.27 133.50 254.70 13,624.24_ , 150.4_,- 2,450.00 251.27 31.44 3,550.00 3,350.00 80.00 96,553.25 3,750.00 164.49 201.61 2,379.30 3,670.00 822.89 100.71 59.96 PRUDENTIAL OVERALL SUPPLY PUBLIC RISK MANAGEMENT ASSOC QUAL CHEM CORP. REGIONAL COMMUNICATIONS SYST ROBINSON SAINZ SAINZ SAN DIEGO PET & LAB SUPPLY SBC/MCI SDG&E SMART & FINAL STATE COMPENSATION INS FUND SUN BADGE COMPANY INC. SWEETWATER AUTHORITY HIE LIGHTHOUSE, INC. THE STAR NEWS TOM MOYNAHAN US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS - SD VIRDEN WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES AT SYSTEMS WEST INC BAYSHORE TRANSIT MGMT INC COPY POST PRINTING CUMMINS CAL PACIFIC, LLC DHL EXPRESS (USA) INC. FIRST ADVANTAGE CORPORATION GREAT AMERICAN INSURANCE CO MTS NAPA AUTO PARTS PETRO-DIAMOND INC. PRINCIPAL FINANCIAL GROUP MOP 45742 UNIFORMS - PARKS GOVT MEMBRSHP RENEWAL JAN07-JANO8 LIQUID ALIVE BACTERIA 12 QTS RCS RADIO MAINT NOV 2006 PARAMEDIC EXPS REIMB REIMB PLUMBING EXAM/LUIS SAINZ REIMB ICC RES PLUMBING EXAM FEE MOP 45753 PET SUPPLIES T-1 PHONE LINES #337-257-0757-218 SDG&E - FACILITIES MOP 45756 NEIGHBORHOOD BRKFAST WC CLAIM COSTS NOV 2006 MOP 45761 SUNTONE BADGE REPAIR WATER - FACILITIES (4 ACCTS) BUILD-UP FOR FIRE DEPT'S SUBURBAN ADVERTISING OLD LIBRARY REMODEL MOP 45734 TOWING SERVICE TRADE SETTLING 11/18/06-11/24/06- MOP 46453 BACKFLOW REPLCEMT CELL PHONE SRVCS 970467631-00001 REIMB FOR USE OF PERSONAL VEHICLE MOP 45763 DESKTOP SWTCH NO PEDESTRIAN CROSSING SIGNS ARMORED CAR SRVCS DEC 2006 PAYROLL FOR CHECK DATED 12/15/06 BUS ROUTE SCHEDULES BUS PARTS DHL SHIPPING SERVICES RANDOM TEST WORKERS COMP. POLICY TELEINFO DEC 2006 SRVCS AUTO PARTS DIESEL FUEL 401K - PAYROLL PPE 12/09/06 212221 12/19/06 206.68 212222 12/19/06 310.00 212223 12/19/06 416774 212224 12/19/06 8,877.50 212225 12/19/06 863.00 212226 12/19/06 150.00 212227 12/19/06 29.87 212228 12/19/06 1,257.47 212229 12/19/06 773.25 12/19/06 59,679.69 12/19/06 186.49 212232 12/19/06 6,462.97 212233 12/19/06 370.05 212234 12/19/06 15, 601.15 212235 12/19/06 1,181.75 212236 12/19/06 320.31 212237 12/19/06 ' ` 50.00 212238 12/19/06 181.45 212239 12/19/06 699.13 212240 12/19/06 47.46 212241 12/19/06 64.53 212242 12/19/06 73.16 212243 12/19/06 251.03 212244 12/19/06 389.29 212245 12/19/06 52,375.16 212246 12/19/06 399.86 212247 12/19/06 195.11 212248 12/19/06 46.03 212249 12/19/06 55.00 212250 12/19/06 9,708.48 212251 12/19/06 2,335.92 212252 12/19/06 397.87 212253 12/19/06 18,936.78 212254 12/19/06 2,784.81 212230 212231 SAN DIEGO BUS DRIVERS UNION SAN DIEGO COUNTY SHERIFF SAN DIEGO TRANSIT CORPORATION SOUTHERN COUNTIES OIL CO TARULLI TIRE 1NC.-SAN DIEGO THE HOME DEPOT CRC THERMO KING UNIFIRST UNION TRIBUNE PUBLISHING CO. AMAZON.COM CREDIT BAKER & TAYLOR BARAHONA CENTER BERNAN ASSOCIATES CITY OF NATIONAL CITY CORPORATE EXPRESS DELANEY EDUCATIONAL DEMCO INC. EDC EDUCATIONAL SERVICES F.C.L. EL LIBRO EN ESPANOL INFORMATION TODAY LIBRARY ASSOCIATES LIBROMEX.COM MIDWEST TAPE NATIONAL GEOGRAPHIC SOCIETY NOLO PRESS, INC. SCHOLASTIC LIBRARY PUBLISHING SSD SYSTEMS THE SHOPPER, INC. THOMSON GALE U.S. POSTMASTER ARONSON BALIT/BAY AREA LITERACY BAUTISTA CALIFORNIA LITERACY, INC. UNION DUES FOR DECEMBER'06 PAYROLL PPE 11/25/06 E. ALCANTAR GARN1 BUS PASSES AS NEEDED FOR FY07. DIESEL FUEL RECAP TIRES SUPPLIES FOR BUS WASH BUS PARTS MAINTENANCE LAUNDRY SRVC FT/PT BUS OPERATOR AD ADULT NON-FICTION BOOKS REFERENCE BOOKS SPANISH LANGUAGE BOOKS - REPLENISH DEPOSIT ACCT OUT OF STATE SALES TAX OFFICE SUPPLIES SPANISH LANGUAGE ADULT BOOKS PROCESSING MATERIAL CIRCULATION CHILDREN'S BOOKS SPANISH LANGUAGE BOOKS - ADULT REFERENCE BOOK - ADULT NON-FICTION BOOKS SPANISH LANGUAGE BOOKS-- DVDNIDEOS & PROCESSING SUPPLIES ADULT NON-FICTION BOOKS REFERENCE BOOKS CHILDREN BOOKS,- 12/19/06 212256 12/19/06 212257 12/19/06 212258 12/19/06 18, 416.2 12/19/06 393.53 212260 12/19/06 17236 212261 12/19/06 476.34 212262 12/19/06 74.19 212263 12/19/06 655.00 212264 12/19/06 100.90 212265 12/19/06 1,273.98 212266 12/19/06 3,927.55 212267 12/19/06 1,000.00 212268 12/19/06 33.72 212269 12/19/06 104.76 212270 12/19/06 710.43 212271 12/19/06 34.51 212272 12/19/06 35.78,- 212273 12/19/06 1225.0 , 212274 12/19/06 309.95 212275 12/19/06 227.72 212276 12/19/06 3,048.34 212277 12/19/06 14 8.44 212278 12/19/06 15.90 212279 12/19/06 47.61 212280 12/19/06 202.90 SERVICE CALL FOR THE LIBRARY'S ENTRY 212281 12/19/06 119.00 212255 212259 1,164.40 170.00 60-00 PROCESSING SUPPLIES FOR DVDS 212282 12/19/06 558.45 REFERENCE BOOKS/CONTINUATIONS POSTAGE FOR OVERDUE NOTICES TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) 212283 12/19/06 1,244.95 212284 12/19/06 600.00 212285 12/19/06 55.18 212286 12/19/06 1,000.00 212287 12/19/06 71.20- 2122 88 12/19/06 1,970.00 CARLA CAMPBELL LEHN CAROLE TALAN CATHAY RETA CHAI CHRISTENSEN CINGULAR WIRELESS CINGULAR WIRELESS CLEMENTE CORPORATE EXPRESS COX CRIDER DEL NORTE COUNTY PUBLIC LIB EDUCATORS PUBLISI-ING SVC INC FARNSWORTH BOOKS FEDEX KINKO'S GARCIA GENERAL BINDING CORP. GUILLEN HINRICHS JONES KOWALCZYK LEWIS LITERACYWORKS LITERACYWORKS LOZIER LUA-CORDOVA LYNNE PRICE MADURA-CARROLL MINDSET SOFTWARE INC. MINKLER NEWSOM NOLAN O'HARA OR 1'EGA TRAVEL (LIT. INIT. XV) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (PRIME TIME Y-3) EXPERT SERVICES (PRIME TIME Y-3) EXPERT SERVICES (PRIME TIME Y-3) WOWMOBILE PHONE. WINGS CELL PHONE. EXPERT SERVICES (PRIME TIME Y-3) MATERIALS & SUPPLIES (LIT. SVCS Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) SPELLING DICTIONARY FOR BEGINNING WORDS BOOK 1 POSTAGE (LIT. INIT. XV) TRAVEL (LIT. INIT. )(V) ROLLS/LAMINATION FILM TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (LIT. INIT. XV) TRAVEL (PRIME TIME Y-3) TRAVEL (LIT. INIT. XV) STATE LIBRARY EXPERT SERVICES STATE LIBRARY CONTRACT TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (LIT. INIT. XV) STATE LIBRARY CONTRACT EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) 212289 12/19/06 339.90 212292 212293 212294 212295 212296 212297 212298 212299 212300 212301 212302 212303 212304 212305 12/19/06 2,500.00 12/19/06 403759 12/19/06 250.00 12/19/06 125.00 12/19/06 64.22 12/19/06 44.59 12/19/06 350.00 12/19/06 170.87 12/19/06 76.25 12/19/06 62.96 12/19/06 1,425.04 12/19/06 234.53 12/19/06 595.20 12/19/06 251.60 12/19/06 113.12 12/19/06 130.28 212306 12/19/06 13.35 212307 12/19/06 2,500.00 212308 12/19/06 941.53 212309 12/19/06 92.70 212310 12/19/06 322.45 212311 12/19/06 6,000.00 212312 12/19/06 800.00 212313 12/19/06 39.15 212314 12/19/06 604.80 212315 12/19/06 350.00 212316 12/19/06 786.69 212317 12/19/06 10,000.00 212318 12/19/06 350.00 212319 12/19/06 115.10 212320 12/19/06 160.65 212321 12/19/06 1,468.37 212322 12/19/06 51.18. PALATO PEARSON EDUCATION PEARSON EDUCATION PIMENTEL PITNEY BOWES PRINDLE SANTA CLARA COUNTY LIBRARY SAYRE SCHMIDT SOLANO COUNTY LIBRARY SPENCER LEARNING SPRINGER SPRINT STRATEGIC RESOURCE COMPANY/ WILLIAMS WOODLAND PUBLIC LIBRARY XEROX CORPORATION TRAVEL (AMERICORPS/LSTA Y-4) WORLD OF VOCABULARY - YELLOW BOOK TAXES TRAVEL (AMERICORPS/LSTA Y-4) POSTAGE (LIT. INIT. XV) TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (PRIME TIME Y-3) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (AMERICORPS/CNCS Y-3) TRAVEL (LIT. INIT. XV) ULTIMATE PHONICS PROGRAMS EXPERT SERVICES (PRIME TIME Y-3) VIDEO CONFERENCING, LONG DISTANCE. AMERICORPS HEALTHCARE TRAVEL (AMERICORPS/LSTA Y-4) TRAVEL (AMERICORPS/LSTA Y-4) BASE CHARGES AND OVERAGES FOR 8 XEI 212323 212324 212325 212326 212327 212328 212329 212330 212331 212332 212333 212334 212335 212336 212337 212338 212339 Total 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 12/19/06 Workers compensation checks 12516 12517 12518 12519 12520 12521 12522 12523 12524 12525 12526 12527 12528 12529 12530 43.17 472.72 38:48__ 62.3c 439.88 70.15 243.10 125.00 113.93 90.50 243.21 375.00 28.12 1,392.00 87.22 483.75 202.76 669,120. 12/13/06 159.43 , 12/13/06 122.19 12/13/06 461.89 12/13/06 " 74.01 12/13/06 28.66 12/13/06 148.07 12/13/06 527.25 12/13/06 27.84 12/13/06 517.09 12/13/06 25.17 12/13/06 85.29 12/13/06 79.04 12/13/06 1,293.62 12/13/06 175S 12/13/06 163.75 12531 12/13/06 110.23 12532 12/13/06 1,268.56 12533 12/13/06 1347 12534 12/13/06 1,680.00 12535 12/13/06 1,392.32 12536 12/13/06 440.00 12537 ` 12/13/06 555.00 12538 12/13/06 63,600.00 12539 12/13/06 20,000.00 12540 12/13/06 440.00 12541 12/13/06 440.00 12542 12/13/06 18,000.00 Total 111,828.77 Total 780,949.28 PAYROLL Pay period 292 Start Date 11/21/06 End Date 12/4/06 Check Date 12/13/06 TOTAL $792,988.93 GRAND TOTAL $1,573,938.21 TRANSIT WARRANTS CHECKS 212244-212263 cks 20 TOTAL $109,206.38 City of National City Warrant Register # 25 12/19/2006 001 GENERAL FUND 626,215.19 104 LIBRARY FUND 38,941.72 105 PARKS MAINTENANCE FUND 15,449.57 108 LIBRARY CAPITAL OUTLAY 5,347.79 109 GAS TAXES FUND 3,315.75 120 PLAN CHECKING REVOLVING FUND 2,450.00 125 SEWER SERVICE FUND 239,983.06 130 EMT-D REVOLVING FUND 996.50 131 ASSET FORFEITURE FUND 515.95 136 TINY TOT CLASSES FUND 60.74 154 STATE PUBLIC LIBRARY FUND 2,852.99 171 LIBRARY SCHOOL DISTRICT CNTRCT 371.70 172 TRASH RATE STABILIZATION FUND 1,685.06 173 NATIONAL SCHOOL DIST CONTRACT 892.68 174 SWEETWATER SCHOOL DIST CONTRAC 4,514.96 188 GRANT - HIDTA 1,659.64 191 STOP PROJECT 6,686.52 211 SECURITY AND ALARM REGULATION FUN 1,402.53 212 PERSONNEL COMPENSATION FUND 0.00 230 ABANDONED VEHICLE ABATEMENT GRAI 2,918.78 242 N. CITY LIBRARY MATCHING FUND 119.00 246 WINGS GRANT 20,276.57 254 LEAD -BASED PAINT HAZARD REDUCTIOr. 7,964.81 273 CRAG -MAJOR MEXICAN TRAFFICKERS 3,409.19 291 AMERICORPS CNCS YEAR 3 10,976.91 294 HUD HEALTHY HOMES GRANT 1,124.84 301 GRANT-C.D. B.G. 10,148.24 302 CDC PAYMENTS 27,845.55 307 PROPOSITION A" FUND 5,184.03 320 LIBRARY GRANTS 35,220.22 325 Development Impact Fees 96,553.25 552 TDA 109,206.38 626 FACILITIES MAINT FUND 63,231.15 627 LIABILITY INS. FUND 168,893.19 628 GENERAL SERVICES FUND 17,823.95 629 INFORMATION SYSTEMS MAINTENANC 3,420.65 630 OFFICE EQUIPMENT DEPRECIATION 8,950.66 631 TELECOMMUNICATIONS REVOLVING 2,724_91 632 GENERAL ACCOUNTING SERVICES 13,106.45 643 MOTOR VEHICLE SVC FUND 11,497.13 Total 1,573,938.21 IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE. BEEN AUDITED AS REQUIRED BY LAWN cij,b22 , FI NANCE DI TOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER FRANK PARRA, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY CQUNCIL ON THE l6th OF JANUARY 2007. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 16, 2007 AGENDA ITEM NO. 10 ITEM TITLE AN ORDINANCE ESTABLISHING THE SALARIES OF THE MAYOR AND CITY COUNCIL PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review V. N/A Financial Statement Funds are available. STAFF RECOMMENDATION Final adoption of Ordinance. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Memorandum Proposed Ordinance Resolution No. A-200 (9/99) CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, 111 • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council DATE: December 21, 2006 FROM: City Attorney SUBJECT: Adjustments in Compensation for Mayor and City Council The last salary adjustment for the Mayor and City Council occurred on January 7, 2003, with the enactment of Ordinance No. 2003-2215. That ordinance set the base salary of the City Council at $909.20 per month, the base salary of the Mayor at $3,463.30 per month, and the base salary of the Chairman and Board Members of the CDC at $975.33 per month. Pursuant to AB 11, CDC compensation is now limited to $150 per meeting, with a maximum of $300 per month. This limitation applies to CDC compensation for Chairman Morrison, Vice - Chairman Parra, and Board members Natividad and Ungab. It does not apply to Board member Zarate until such time as she would begin a new term of office. Government Code Section 36516.5 provides that a change in compensation does not apply to a councilman during his term in office. However, compensation for all members of the City Council may be adjusted whenever one or more members become eligible for an increase by virtue of beginning a new term of office. As a result, adjustments to compensation of Council members have been geared to elections at which members begin a new term in office. Pursuant to Government Code Section 36516(c), the Council may, by ordinance, increase its compensation by 5% per calendar year from the date of the last increase in compensation. Accordingly, the City Council may at this time increase its monthly salary by 20%. Pursuant to Government Code Section 36516.1, an elected mayor may be provided with compensation in addition to that which he receives as a councilman, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation, although the City Council has historically adjusted the Mayor's salary by the same percentage as the City Council's. At the December 19 City Council meeting, the Mayor and Council determined to increase their salaries by the same percentages, on the same date, and subject to the same conditions as the salary increases, if any, for the Municipal Employee's Associations. The proposed ordinance would implement this action GHE/gmo GEORGE H. EISER, III City Attomey ORDINANCE NO. 2007 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE SALARIES OF THE MAYOR AND CITY COUNCIL BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code, for the time period between the effective date of this Ordinance and the general municipal election held in November, 2008, the base monthly salary for the City Council shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the City Council shall not exceed a total of twenty percent of the current base monthly salary. If the base monthly salary of the City Council is not adjusted upon the beginning of a councilmember's new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. Section 2. That pursuant to the provisions of Section 36516.1 of the Government Code, for the time period between the effective date of this Ordinance and the general municipal election to be held in November, 2008, the base monthly salary for the Mayor shall be increased by the same percentages, on the same dates, and subject to the same conditions, as the upcoming salary increases for Municipal Employees' Association members, if any, provided that the salary increases for the Mayor shall not exceed a total of twenty percent of the current base monthly salary. If the base monthly salary of the Mayor is not adjusted upon the beginning of a councilmember's new term of office subsequent to the November 2008 election, the base monthly salary established by this Ordinance shall remain in effect. PASSED and ADOPTED this day of , 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 16, 2007 11 AGENDA ITEM NO. (-ITEM TITLE An appeal to the City Council of the Traffic Safety Commission Recommendation not to install speed humps on 22nd Street between "N" Avenue and Palm Avenue (By: Petitioners of 22" Street between "N" Avenue and Palm Ave) PREPARED BY Adam Landa (PLANATION PEPARTMENT Engineering EXT. 4394 An appeal to the Citdy Council is being requested by Mr. George Baca, one of the petitioners of speed humps on 22n Street between "N" Avenue and Palm Avenue. On November 8, 2006, the Traffic Safety Committee (TSC) denied the requested humps based on the fact that the request did not meet the City Council Policy (see attached TSC Agenda Report). The policy states that 4 out of 5 conditions are required for the street to be considered for speed humps installation. In this case, the study shows that this location only meets three out of the four required conditions (see attachments). The TSC voted against the installation of speed humps because of the above reason. At the end of the meeting, Mr. Baca was told that the decision of the Traffic Safety Committee L. could be appealed to the City Council. Mr. Baca stated that he would pursue the appeal. CEnvironmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Recommend against the installa ' an of . eed humps, since it does not meet the City Council Policy. BOARD / COMMISSION RECOMMENDATION At their meeting of November 8, 2006, the Traffic Safety Committee denied the speed humps installation on 22nd Street, since it does not meet the City Council adopted policy. ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report to the Traffic Safety Committee A 00 (Rev. 7a 8 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 8, 2006 ITEM NO. 200+6-4' ITEM TITLE: REQUEST FOR INSTALLATION OF SPEED HUMPS ON 22ND STREET BETWEEN "N" AVENUE AND PALM AVENUE (BY: PETITIONERS OF 22ND STREET PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The attached petition requests the installation of speed humps on 22nd Street between "N" Avenue and Palm Avenue. According to the Petitioners, vehicles are speeding on 22nd Street. Staff has investigated the site and found that it meets 3 conditions listed in the City Council Adopted Warrants for the installation of speed humps. The results are as follows: 1. The warrants require a minimum of 1000 vehicles per day. This street has an ADT of 694 vehicles. This condition is not met. 2. The warrants require a minimum of 60% of the vehicles surveyed must exceed a speed of 25 mph. There are 28.2% (or 196 veh.) of the vehicles on this street are speeding. This condition is not met. 3. The road must have no more than 2 traffic lanes. This condition is met. 4. The road must have a speed limit of 25 mph in accordance with State Law or City Council action. This condition is met. 5. The road must be a local street, i.e., not on the City's Classified Street System. This condition is met. The installation of speed humps on public roads will be considered only if 4 out of 5 conditions are met. STAFF RECOMMENDATION: It is not recommended that this location be put on the speed humps list since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photo 4. Survey 2006-25 amar -2 RECENED MAYOR & CITY COUNCII, ENGINEERING DEPT. CITY OF NATIO 4AL CITY WE THE FOLLOWING UNDERSIGNED HOMEOWNER'S WHO LIVIRMEA§t A 10- 18 22ND STREET ARE SUBMITI`I NG THIS WRITTEN PETITION TO THE HONORABLE MAYOR, NICK INZUNZA & NATIONAL CITY COUNCIL MEMBERS FOR A REQUEST TO INSTALL SPEED BUMPS FROM THE CORNER OF EAST 22ND & "N" STREET TO TIE CORNER OF EAST 22ND & PALM AVE. IN THE LAST YEAR WE HAVE SEEN AN INCREASE WITH SPEEDING VEHICLES WHO USE 22ND STREET AS THEIR OWN PERSONAL DRAG STRIP AT ALL HOURS OF THE DAY OR NIGHT. BY APPROVING OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET, WE WOULD SEE A DECREASE ON SPEEDING VEHICLES, WHICH WOULD EXCEED SPEEDS OF MORE THAN 25 - 50 MPH THROUGH OUR NEIGHBORHOOD. DRIVERS WOULD BE FORCED TO SLOW DOWN THEIR VEHICLES PRIOR TO REACHING THE SPEED BUMPS. HOMEOWNERS & LOCAL RESIDENT'S WHO RESIDE IN OUR SURROUNDING NEIGHBORHOOD, OFTEN USE EAST 22ND STREET TO WALK THEIR CHILDREN TO & FROM THE LOCAL ELEMENTARY SCHOOLS, TO & FROM LAS PALMAS PARK/ GOLF COURSE, TO & FROM WALKING THEIR PETS DURING THE EARLY MORNING, MID -DAY, LATE AFTERNOON, OR LATE EVENINGS HOURS THROUGHOUT THE DAY. THEREFORE, THE ONLY WAY WE CAN PREVENT CAR ACCIDENTS, BODY INJURIES TO OUR CHLIDREN, PARENTS, TEENS, PETS, OR OTHER ADULTS IS FOR YOU TO TAKE ACTION AND APPROVE OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET. / Cc "� sy� y',3 5 (ri ) , T' f PRINT NAMF HOME ADDRESSI $IGNATURER v ect7 c-(: DC:LC c'-- ,i-3 1{62,ex-,1.., /sfz c r-..z z f __ .. a,a �_ . )., t .C2 �I' ' , ito , iti,P ? 1.5 _C . ' �� /t t/ TE //iE O/) L,, /g.T yc/4 e i& < /_... -C 4 2►' i/ ,rind 5�i 2 � SrST ./ iS ,Air A�1 62 ati 1,5, 1, a?- 5 r ‘c,t{A61- 11rkK1-11tIrkt I-130 c AN Al �►1. 1:., !ter i c r •/1 y /l' c f P &2 ) *kV. r,, A ' t &we- N --4ze, I! WV a MAYOR & CITY COUNCIL CITY OF NATIONAL CITY WE THE FOLLOWING UNDERSIGNED HOMEOWNER'S WHO LIVE ON EAST 22ND STRIIFT ARE SUBMITTING THIS. WRITTEN PETITION TO THE HONORABLE MAYOR, NICK INZUNZA & NATIONAL CITY COUNCIL MEMBERS FOR A REQUEST TO INSTALL SPEED BUMPS FROM THE CORNER OF EAST 22ND & "N" STREET TO THE CORNER OF EAST 22ND & PALM AVE. IN THE LAST YEAR WE HAVE SEEN AN INCREASE WITH SPEEDING VEHICLES WHO USE 22ND STREET AS THEIR OWN PERSONAL DRAG STRIP AT ALL HOURS OF THE DAY OR NIGHT. BY APPROVING OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET, WE WOULD SEE A DECREASE ON SPEEDING VEHICLES, WHICH WOULD EXCEED SPEEDS OF MORE THAN 25 - 50 MPH THROUGH OUR NEIGHBORHOOD. DRIVERS WOULD BE FORCED TO SLOW DOWN THEIR VEHICLES PRIOR TO REACHING THE SPEED BUMPS. HOMEOWNERS & LOCAL RESIDENT'S WHO RESIDE IN OUR SURROUNDING NEIGHBORHOOD, OFTEN USE EAST 22ND STREET TO WALK THEIR CHILDREN TO & FROM THE LOCAL ELEMENTARY SCHOOLS, TO & FROM LAS PALMAS PARK/ GOLF COURSE, TO & FROM WALKING THEIR PETS DURING THE EARLY MORNING, MID -DAY, LATE AFTERNOON. OR LATE EVENINGS HOURS THROUGHOUT THE DAY. THEREFORE, THE ONLY WAY WE CAN PREVENT CAR ACCIDENTS, BODY INJURIES TO OUR CHLIDREN, PARENTS, TEENS, PETS, OR OTHER ADULTS IS FOR YOU TO TAKE ACTION AND APPROVE OUR WRITTEN REQUEST TO INSTALL SPEED BUMPS ON EAST 22ND STREET. ✓ ci�rL.j� 41n1OW°0e-L 5�33 16 sT - AAP 56 N•. r. ,t36 1042 e /902 t IT /906 19/0 e 1912 I+ /934 • O N = n• 13 pr MM I%� MAP SO t MAP 74. Pe 2A01 pp4 ZOOS 584 2/42.4 ,e 20 I 20/6 20/0 21 N p34 2042 21/2 t 21/6 ; 2/24 2/36 2/3z 2/42 —�x 22 9 2204 1n 2' OSELAWN • _ r n - ]0 1AP 8 258 29 0 21 h 584 26 A 24 21 22J4 3P, 1 23P4 2 1 t326 6 iton a • l3/ 24 1020 solo IONS It • 2096 2045 22 e 2040 Nei �s DAIS W /211 — /t39 /24J —=�1 190? __ �— /909 /ur /9s9 /929 /933 • a 2,03 2r ro 21/O MAP—_' 11/1 20 II 1/20 2//9 If 12 2/26 2123 Ie U 1134 2t44 8, 220/ 1205 2213 „5 1235 2243 2303 tap! t327 3 n h P33d a 91313 -1 ♦ y rn. n 2K' x STREET • •R PNO 0 5 8 c MAP 584 ti 23 .14 srri LOCATION MAP r) , lanesol S6eeo Bins with GranduTotal custom1.10 (Non metric) Ske:32401.oWE DescilotpN: 22nd S7eetSlwn N Ave AO Ave (Speed) Fmef l(p1e: 12'00 Monday, Ocbber 30, 2006 .> 12A0 Toesday,October 31, 2006 Fater: 015(1 23 45 67 8 9 1011 12 13) Dir(E) Sp(0,100) Sep(>0) Scheme: Vehicle c(assificaion (Scheme F99) (Total(Number in Sme Step 30.00 27.50 25.00 225 20.0 17S it 1500 12.50 10.00 7.50 5.00- 2.50 0.00 c120O Monday,0auber30 n0 Hpur) 1 11 1' s.1- 12 13 14 15 16 17 18 19 20 21 22 23 00 01 02 03 04 05 06 07 08 09 10 11 12 Time Monday, October 30, 2006 - Tuesday, October 31, 2006 Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 1200 18 0 0 0 7 8 3 0 0 0 0 0 0 0 21.9 24.6 1300 18 0 0 3 5 7 3 0 0 0 0 0 0 0 20.8 24.6 1400 26 0 1 1 8 9 6 1 0 0 0 0 0 0 21.2 25.7 1500 21 0 0 2 1 15 3 0 0 0 0 0 0 0 21.4 23.3 1600 22 0 0 0 9 9 4 0 0 0 0 0 0 0 20.9 25.3 1700 23 0 0 0 5 9 9 0 0 0 0 0 0 0 23.5 28.0 1800 22 0 2 1 5 9 4 1 0 0 0 0 0 0 21.1 26.6 1900 12 0 0 0 5 3 4 0 0 0 0 0 0 0 21.0 26.8 2000 6 0 0 1 2 2 1 0 0 0 0 0 0 0 20.4 2100 7 0 0 2 4 1 0 0 0 0 0 0 0 0 16.5 2200 6 0 0 0 0 5 1 0 0 0 0 0 0 0 23.4 2300 1 0 0 0 0 1 0 0 0 0 0 0 0 0 22.0 0000 1 0 0 0 0 1 0 0 0 0 0 0 0 0 22.5 0100 1 0 0 0 0 0 1 0 0 0 0 0 0 0 29.7 0200 1 0 0 0 0 1 3 0 0 0 0 0 0 0 21.1 0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0500 4 0 0 0 0 3 1 0 0 0 0 0 0 0 23.1 0600 5 0 0 2 2 0 1 0 0 0 0 0 0 0 17.6 0700 21 0 0 1 5 11 3 1 0 0 0 0 0 0 2i .5 25.1 oeoo 12 0 0 3 1 5 3 0 0 0 0 0 0 21.7 27.7 0900 16 0 0 0 6 7 3 0 0 0 0 0 0 0 21 _ 7 25.7 1000 15 0 0 3 6 4 2 0 0 0 0 0 0 0 19.4 24.6 1100 13 1 1 1 2 2 4 2 0 0 0 0 0 0 21.3 29.1 07-19 227 1 4 15 60 95 47 5 0 0 0 0 0 0 21.4 25.9 06-22 257 1 4 20 73 101 53 5 0 0 0 0 0 0 21.2 25.9 06-00 264 1 4 20 73 107 54 5 0 0 0 0 0 0 21.2 25.9 00-00 271 1 4 20 73 112 56 5 0 0 0 0 0 0 21.3 25.9 Grand Total Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 -- 271 1 4 20 73 112 56 5 0 0 0 0 0 0 21.3 25.9 Traffic Data Service Southwest Speed Bins with Grand Total 441-08 CustomList-2729 -- English (ENUI tasets; Site: [32401J 22nd Street Btwn N Ave & 0 Ave (Speed Speed Bins With Grand'ibtal C ult0nLYt (Non meeb) 66e: 32404 AW E p nubtlnn: 22nd6teet8lwn N Are 60 Ave (Speed) Rpert • 1200 Monday, Clobber 30,2006 .1200 rues day,Oc bloat 31, 2006 f*6r:0M(1 2 34 6676171011 12 13 Dlr(W) Sp(0,100) Sep(>0) gchome: Vehicle clu,8cabn (Schema F99) . (MAN umber In law Map .1200 Mond Ocbber 30 2006 Hou 60 55 50 45 40 b 35 30.0 25 20A 15 102 5 0 "■■■■■l■■■111■■■■■■■■■■■■■■■ ■■■I,1■■l■■■■■■■■■■■■■■■■A ■t1115M■■■■■■■■■■■■■■■■■■■ " ■I1■■1i11■■■■■■ti■■■■■■■■■■■ M1IJt■■■t1■■■■■■l■tit■■■■!•SPRI■■ 11■■■■/'t►\■■■■11■■■■■►I■■■11M „ ■■■■■■11111\■■■ti■■■■111■■■■t■■ 12 13 14 15 16 17 18 19 20 21 2223 00 01 02 03 04 05 06 07 08 09 10 11 12 The 32401-08 CustomList-2729 Pop 1+ Monday, October 30, 2006 - Tuesday, October 31, 2006 Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40. 45 50 55 60 65 1200 28 0 0 4 3 12 8 1 0 0 0 0 0 0 22.2 25.9 1300 17 0 0 1 2 8 3 3 0 0 0 0 0 0 24.4 28.0 1400 41 0 0 2 8 19 10 2 0 0 0 0 0 0 23.0 27.5 1500 37 0 0 1 6 19 10 1 0 0 0 0 0 0 23.2 26.2 1600 54 0 0 3 11 29 10 1 0 0 0 0 0 0 22.2 26.2 1700 38 0 0 2 5 13 15 3 0 0 0 0 0 0 24.3 28.2 1800 15 0 0 0 0 11 4 0 0 0 0 0 0 0 23.8 27.1 1900 21 0 0 1 6 8 4 2 0 0 0 0 0 0 22.3 25.9 2000 13 0 0 0 2 5 5 1 0 0 0 0 0 0 24.1 27,1 2100 6 0 0 0 2 2 1 1 0 0 0 0 0 0 23.1 - 2200 9 0 0 0 0 5 2 2 0 0 0 0 0 0 25.7 - 23 00 3 0 0 0 1 2 0 0 0 0 0 0 0 0 21.5 0000 4 0 0 0 0 2 1 1 0 0 0 0 0 0 27.9 0100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0200 2 0 0 0 1 0 0 1 0 0 0 0 0 0 25.5 0300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - 0400 1 0 0 0 0 0 1 0 0 0 0 0 0 0 25.1 0500 4 0 0 0 3 1 0 0 0 0 0 0 0 0 19.0 - 0600 11 0 0 1 4 5 1 0 0 0 0 0 0 0 20.5 23.0 0700 27 0 0 1 6 8 11 1 0 0 0 0 0 0 23.8 27.7 0800 24 0 0 1 7 11 5 0 0 0 0 0 0 0 22.4 25.5 0900 26 0 0 2 4 7 11 1 1 0 0 0 0 0 24.3 29.5 1000 24 0 0 1 5 11 5 2 0 0 0 0 0 0 22.9 26.2 1100 10 0 1 0 3 10 3 1 0 0 0 0 0 0 22.1 26.4 07-19 349 0 1 18 60 158 95 16 1 0 0 0 0 0 23.1 27.7 06-22 400 0 1 20 74 178 106 20 1 0 0 0 0 0 23.0 27.7 06-00 412 0 1 20 75 185 108 22 1 0 0 0 0 0 23.1 27.7 00-00 423 0 1 20 79 188 110 24 1 0 0 0 0 0 23.1 27.7 * Grand Total Time Total Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Vbin Mean Vpp 0 5 10 15 20 25 30 35 40 45 50 55 60 85 5 10 15 20 25 30 35 40 45 50 55 60 65 423 0 1. 20 79 188 110 24 1 0 0 0 0 0 23.1 27.7 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: January 16, 2007 AGENDA ITEM NO. 12 ITEM TITLE: NEIGHBORHOOD COUNCILS ANNUAL REPORT FOR 2006 l_ PREPARED BY: Rudy Lopez (619) 336-4560 EXPLANATION: Please see attached report. Environmental Review N/A Financial Statement N/A DEPARTMENT Community Services STAFF RECOMMENDATION Receive and File BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Neighborhood Council Annual Report-2006 2. Neighborhood Council Annual Report-2006, Statistical Data Resolution No. COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council Cc: Chris Zapata; Leslie Deese From: Lauren Lauletta & Rudy Lopez RE: Neighborhood Council Annual Report - 2006 After a full year of functioning with consolidated councils, staff has noticed an increase in attendance and community cohesiveness. It is therefore staff's intention to remain at seven councils rather than revert to the original thirteen. It was also noticed that certain segments of the population were not being reached through evening meetings. In March 2006, staff began meeting monthly at the Nutrition Center to reach out to our substantial senior population. Due to decreasing attendance at the Nutrition Center and a request to also attend the Kimball Senior and Casa de Salud groups, staff has decided to meet quarterly with each group. It is also staff's intention to work with the City Council's Student Representatives in order to engage our youth community. Two Quarterly Breakfasts were held this year with over 100 people in attendance at each. In August, Neighborhood Councils coordinated the National Night Out March and BBQ, with about 200 people in attendance. Movie Night at the MLK debuted in December. Neighborhood Council residents also participated in various city activities including the 4th of July Parade, Bayfront Concert and Expo and Public Safety fair. Attached you will find a statistical breakdown of the Neighborhood Council Program for the 2006 calendar year. It has been broken down both by council and by month with total and average figures given (attendance and number of action requests are used as measurable data). In the coming year, staff will also track the number of action requests satisfactorily resolved and the average number of days it has taken to do so. MLK COMMUNITY BUILDING • 140 EAST 12th STREET, SUITE B • NATIONAL CITY • CA 91950 TEL. (619) 336-4560 • FAX (619) 336-4292 Attendance Northside Granger Central Eastside Olivewood Sw Hgts Old Town Ntn Ctr Tt1 by month Avg per month Action Requests Northside Granger Central Eastside Olivewood Sw Hgts Old Town Ntn Ctr Tt1 by month Avg per month Jan 28 15 21 18 21 Neighborhood Council Annual Report - 2006 Statistical Data Feb March April May Jun July 18 10 23 0 12 10 19 28 20 6 16 0 9 8 18 18 Aug 2 13 24 15 20 13 17 15 17 16 6 17 15 11 13 5 18 15 18 18 31 5 8 3 4 5 7 36 8 8 6 7 25 17 30 22 136 19 111 16 136 17 115 102 14 13 114 112 14 14 2 21 30 6 9 12 126 16 Sept Oct Nov Ttl 21 0 19 16 ---- 187 -�r..,w...,. 11 12 17 11 132 12 21 13 20 198 18 24 15 18 192 19 16 19 225 17 2 11 7 67 20 8 7 17 116 6 11 0 5 158 11 14 15 12 113 14 Jan 6 3 6 1 Feb March April May Jun 6 6 3 2 0 27 4 3 1 5 2 4 5 5 0 4 5 5 13 5 6 5 7 7 8 8 2 7 7 2 0 3 3 0 0 1 2 2 3 1 6 4 2 3 6 2 25 50 47 111 27 July 5 6 7 2 6 4 5 Aug Sept Oct 11 5 6 6 2 2 6 2 8 4 15 2 4 0 4 0 5 4 10 2 3 4 6 0 Nov Tt1 by Council Avg per Council 55 4 1 6 5 3 4 0 2 40 40 37 34 25 40 77 45 37 39 48 22 5 4 7 4 3 4 4 2 1/16/07 ITEM #1: NATIONAL • CITY •TRANSIT MONTHLY REPORT JANUARY-2007 PERFORMANCE DIVIDENDS MONTH DEC-05 NOV-06 DEC-06 Ridership: 141,971* 138,837* 132,348* Passengers per mi. 3.66 3.74 3.54 Passengers per hr. 42.47 41.53 39.2 Revenue miles: 38,762 37,093 37,420 Revenue Hours: 3,343 3,343 3,376 Fare Box recovery 48.2% 66.6% N/A** * One less weekday Service day-Thanksgiving/Christmas ** Data delayed due to submission dates PERFORMANCE DIVIDENDS MONTH DEC-05 NOV-06 DEC-06 Road Calls 01 06 0 Preventable Accidents 0 0 0 Ramp deployments 639 472 637 Our on -time performance 93.8% 90.6% 92.2% Customer Complaints 0 01 0 Customer Compliments 0 0 02 Maintenance: NCT vehicles used 11,854 gallons of low sulfur diesel fuel in December. The average price per gallon was approximately 2.492 compared to $2.032 in November. NCT maintenance personnel completed 32 minor repairs consisting of front brake pads, wipers, stop cord, window inserts and lights and completed 11 major repairs consisting of radiator, valves, front/rear tires, air bags, and air compressor pumps and fans to our fleet vehicles in December. NCT also passed our GIP vehicle maintenance and terminal inspection with flying colors and without needing corrective issues. NCT participates and is a member of many standing Transportation Committees at MTS and SANDAG such as the Transit Services and Facilities Advisory Committee (TSFAC), Operators Advisory Committee (OAC), Capital Improvement Plan (CIP), Uniform Fare Working Group, Security Critical Incident Committee (SCIC), Transit Research Working Group, Accessible Services Advisory Committee (ASAC), and South County EDC Transportation Committee. 522 West 8th St. • National City, California 91950-1004 • (619) 474-7505 Fax (619) 474-2058 McDonald Transit Associates, Inc., Contract Operator for NCT NCT is a member of the California Transit Association (C.T.A) and the American Public Transit Association (A.P.T.A.) and we are an active advocate for Local, Regional, and National Transit related issues. NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, Economic Development and Public Safety Committees and I recently accepted the position of President of the NC Chamber Foundation. I am also a participant on the NCPD Chief of Police advisory and procedures and policies committees as well as a volunteer position on the Board of Directors for Morgan Square (PBID). Community Collaboration NCT recently held a two week food drive (see attached picture) with non perishable donations in lieu of a bus fare (All NCT routes) going to the Highland Ave Food Ministry. NCT is committed to working with the National City Community and residents through direct participation in Community projects and organizations or as volunteers. NCT is willing to evaluate and assist whenever possible to help meet the transportation needs of NC departments and organizations on a case -by -case basis for special or annual events. Submitted: January 10, 2007 A _ 1 ohn P. Webster Sr. Vice President -General Manager National City Transit 160,000 155,000 150,000 145,000 140,000 135,000 130,000 125,000 120,000 115,000 TOTAL RIDERSHIP ■Jan-06 ❑Feb-06 ❑Mar-06 ■ Apr-06 ■May-06 ■Jun-06 ■ Jul-06 IJ Aug-06 ■Sep-06 ■ Oct-06 ❑Nov-06 ■Dec-06 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 16, 2007 AGENDA ITEM NO. 14 /ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 12/07/06 THROUGH 01/03/07 OF $2,093,534 PREPARED BY Associate Accountant 619-336-4269 EXPLANATION Margarita Garcia See attached report. DEPARTMENT CDC— Finance Environmental Review V N/A Financial Statement Approved by: e� m LAcff Director Total expenditures for the period of 12/07/06 THROUGH 01/03/07 amount to $2,093,534. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 12/07/06 through 01/03/07 A-200 (9/80) Pa ee FOR MEETING OF JANUARY 16, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 12/07/2006 - 01/03/2007 Descri tion Chk No Amount CDC UNITED STATES POSTAL SERVICE ATANGAN, NORMITA BEARD, PATRICIA DEPT OF TOXIC SUBSTANCE CTRL EDAW, INC. EMPLOYMENT DEVELOPMENT DEPT. ESTRADA LAND PLANNING FOLEY & LARDNER GE CAPITAL KEYSER MARSTON ASSOCIATES, INC NAZARENO, ANGELA RANDALL H. BLAESI, ASA RAULSTON, BRADFORD RICK ENGINEERING COMPANY RORE STATE COMPENSATION INSURANCE CHRISTMAS IN JULY PROJECT DESIGN CONSULTANTS SAN DIEGO GAS & ELECTRIC ALCEM FENCE COMPANY INC BENNETT PEJI DESIGN CALIFORNIA REDEVELOPMENT ASSOC COPY POST PRINTING CORPORATE EXPRESS INC DR. DON SCIGLIMPAGLIA EDAW, INC. ESTRADA LAND PLANNING FEDERAL EXPRESS FLAG CRAFTERS FOLEY & LARDNER HARRIS & ASSOCIATES HOFMAN PLANNING ASSOCIATES HUSK PARTNERS KEYSER MARSTON ASSOCIATES, INC MAYER REPROGRAPHICS, INC. MCKENNA LONG & ALDRIDGE NATIONAL CONSTRUCTION RENTALS NAZARENO, ANGELA NEW CITY AMERICA, INC. OVERLAND PACIFIC & CUTLER, INC PETTY CASH - CDC SAN DIEGO CLIPPING SERVICE SAN DIEGO DAILY TRANSCRIPT SCS ENGINEERS TASSA CONSULTING GROUP, LLC THE FILIPINO PRESS THE STAR NEWS THE STAR NEWS CDBG COMMUNITY YOUTH ATHLETICS HIGHLAND AVENUE BAPTIST CHURCH SAN DIEGO COUNTY HISPANIC QUINTERO. LETICIA CITY OF NATIONAL CITY POSTAGE DEPOSIT FOR BULK MAIL-SURVEY-52-ACRE REIMBURSEMENT FOR GOVERNMENT TAX SEMINAR REIMBURSEMENT -EPA CONFERENCE/BOSTON ANNUAL DISCHARGE FEES WESTSIDE SPECIFIC PLAN UNEMPLOYMENT INSURANCE REIMBURSABLE BENEFIT CHARGES PROFESSIONAL SERVICES FOR HIGHLAND AVE - 14 TH ST. EXHIBIT PROFESSIONAL SERVICES MARINA GATEWAY/2501 CLEVELAND COPIER LEASE - REDEVELOPMENT DIVISION ARE HOLDING -CHARGER STADIUM OCT 06 CAEZ-HOTEL REIMB-INDIO, CA APPRAISAL OF FORMER RCP SITE REIMBURSEMENT FOR BROWNSFIELD CONFBOSTON PROFESSIONAL SERVICES FOR BAY MARINA DRIVE ACE METAL & 720 W 23RD ST WORKERS' COMP FOR NOV 06 FY 05-06 - 2ND THROUGH 4TH QTR-REHAB PROGRAM NC STREETSCAPE - 10/9 THRU 11/12/06 UTILITIES FOR 500 E PLAZA BLVD FENCE RENTAL FOR 1441 HARDING AVE CHICANO PERK SIGNAGE RENOVATION MEMBERSHIP RENEWAL 2006-07 52-ACRE PROJECT SURVEYS CDC OFFICE SUPPLIES 52 ACRE SITE SURVEY WESTSIDE SPECIFIC PLAN HIGHLAND STREETSCAPE PHASE I COURIER SERVICES HOLIDAY BANNERS & INSTALLATION/REMOVAL PROFESSIONAL SERVICES FOR MARINA GATEWAY PROFESSIONAL SERVICES FOR HARRISON AVE - OCT 06 MARINA GATEWAY/SYCUAN HOTEL STADIUM CONSULTANTS ECONOMIC CONSULTANT NOV 06 NATIONAL BLVD STREETSCAPE/FOUNTAIN PLAZA 52-ACRE SITE SERVICES THRU NOV 30, 2006 FENCE RENTAL FOR 1640 E PLAZA BLVD & PALM UNDERGROUND CONVERSION REIMBURSEMENT WESTSIDE SPECIFIC PLAN PROFESSIONAL SERVICES -PARK VILLAGE REPLENISHMENT OF PETTY CASH ADMIN CLIPPING SERVICES SUBSCRIPTION RENEWAL CLEVELAND & CUYAMACA PROPERTIES OCT 06 ENTERPRISE ZONE TO STATE NEWS ARTICLES AD FOR NC STREETSCAPE/FOUNTAIN PLAZA PARK LOFTS/HARBOR VIEW CONDOS SUBTOTAL CDC: CDBG REIMBURSEMENT CLAIM FOR NOV 06-07 REIMBURSEMENT CLAIM FOR FOOD BANK PROGRAM CDBG-DEVO FY 05-06 CDBG TRAINING TRAVEL REIMBURSEMENT CDBG REIMBURSEMENT FOR FY 05-06 PROJECTS SUBTOTAL CDBG: 16665 16666 16667 16672 16673 16674 16675 16676 16677 16680 16683 16685 16686 16687 16688 16691 16693 16694 16696 16697 16698 16701 16703 16704 16706 16707 16708 16709 16710 16711 16712 16713 16714 16716 16717 16719 16721 16722 16723 16724 16726 16729 16730 16733 16736 16737 16738 16739 16671 16678 16689 16695 16670 $500.00 85.77 188.77 337.50 5,623.26 2,653.00 296.13 2,294.15 212.36 6,669.08 229.86 2,500.00 328.47 6,967.77 110,809.70 5,188.05 50,058.00 70,469.44 113.43 500.00 4,751.00 4,890.00 6,503.58 1,984.28 5,000.00 2,780.05 3,467.19 71.47 4,485.00 742.50 16,815.00 62.50 6,593.67 654.44 3,616.89 13,551.10 62.35 89.71 4,311.76 210.00 96.54 64.60 375.26 28,316.58 3,333.34 1,500.00 671.38 166.56 $381,191.49 $1,666.67 10,000.00 5,000.00 126.38 858,736.57 $875,529.62 Payee NUTRITION CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC SAN DIEGO GAS & ELECTRIC SYSCO SAN DIEGO BRITTANY'S CAKES & BAKERY CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE REED'S RESTAURANT EQUIP. SVC. SANCHEZ, MANUEL SARMIENTO, HELEN SLETTENGREN,INGRID SYSCO SAN DIEGO HOUSING ASSISTANCE PAYMENTS EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE NATIONAL CITY COLLABORATIVE NATIONAL CREDIT REPORTING STATE COMPENSATION INSURANCE THE GROVE AGENCY, INC. CORPORATE EXPRESS INC XEROX CORPORATION `itib hll . ail tW0Akir I PAYROLL PAYROLL FOR MEETING OF JANUARY 16, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 12/07/2006 - 01/03/2007 Description DINNER ROLLS MEAT PRODUCTS FOOD/CONSUMABLES MILK PRODUCTS LINE SUPPLIES JANITORIAL SUPPLIES UTILITIES - 1415 D AVE HM FOOD/CONSUMABLES CAKE BREAD MEAT PRODUCTS WATER SOFINER FOOD/CONSUMABLES MILK PRODUCTS LINEN SERVICES JANITORIAL SUPPLIES KNIFE SHARPENING EQUIPMENT REPAIR MILEAGE REIMBURSEMENT-NOV 06 PETTY CASH REIMBURSEMENT FOOD/CONSUMABLES-REIMBURSEMENT FOOD/CONSUMABLES SUBTOTAL - NUTRITION: TOTAL -GENERAL FUND: ACH DEPOSITS S8 APPLICANTS/PARTICIPANTS CREDIT REPORT ELEL 1 RICITY CHGS OCT 2006 S8 FSS ADMIN FOR OCT 2006 NOV 06 BACKGROUND CHECK FOR S8 WORKERS' COMP FOR NOV 06 S8 ENVELOPES S8 OFFICE SUPPLIES LEASE S8 NOV 06 TOTAL - SECTION 8: PPE 12/04/2006 PPE 12/18/2006 TOTAL - ADM.INISTRATIVE REVOLVING FUND: Chk No Amount 16668 $223.45 16669 2,247.23 16679 2,858.69 16681 664.90 16682 42.72 16684 2,020.45 16690 1,803.73 16692 2,367.28 16699 65.00 16700 364.55 16702 1,564.77 16705 139.40 16715 2,739.68 16718 642.45 16720 85.44 16725 845.44 16727 40.00 16728 329.04 16731 46.73 16732 46.81 16734 125.76 16735 5,154.89 $24,418.41 $1481,139.52 $624,950.88 10295 139.68 10296 282.45 10297 4,333.33 10298 161.10 10299 978.79 10300 855.54 10301 6.95 10302 439.19 $632,147.91 $90,683.88 $89,563.10 TOTAL OF ALL FUNDS: $1801246.98 $2,093,534A1 2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 16, 2007 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NATCITY 12TH) FOR THE R1 AND R2 PROJECT SITES PREPARED BY George H. Eiser, III 0 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION The CDC entered into a DDA with Constellation Property Group on August 30, 2005, for development of the Centro Project. The developer's obligtion to develop the site was secured by a Deed of Trust dated October 21, 2005. Constellation Property Group is in the process of extending the term of its acquistion loan for the R1 and R2 projects. The lender has requested that the CDC subordinate its deed of trust to the lender's deed of trust. The proposed Subordination Agreement would place the CDC's deed of trust in second position to the lender's deed of trust if there were a default by the developer in complying with its obligations under the DDA. The subordination of a deed of trust is a customary practice in transactions such as this, and would facilitate completion of the project. Environmental Review v N/A 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 Subordination Agreement Letter from Andrew Zlotnik, Esq. A-200 (9/99) Recording Requested By and When Recorded Mail To: UNITED COMMERCIAL BANK 199 South Los Robles, Suite 780 Pasadena, California 91101 Attn: Construction Lending Div. #490U Loan No. 490 010 647-0 (SPACE ABOVE FOR RECORDER'S USE) SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. BY THIS AGREEMENT, made as of this 3rd day of November, 2006, Constellation Property Group (NatCityl2w) LP, a Delaware limited partnership, owner of the land hereinafter described and hereinafter referred to as "Owner," and Community Development Commission of the City of National City, herein collectively "Creditor", agree as follows: I. Creditor is now the sole beneficiary under that certain Deed of Trust that was recorded on October 26, 2005 as Document No. 2005-0930609 of Official Records of San Diego County, California (the "Junior Deed of Trust"). The Trustor under said Junior Deed of Trust is the Owner. The said Junior Deed of Trust encumbers the real property described in Exhibit "A" attached hereto. Creditor has not transferred or assigned its interest in said Junior Deed of Tnist or the underlying obligations secured by such Junior Deed of Trust in whole or in part. 2. United Commercial Bank, a California banking corporation ("Lender") is the beneficiary of a Deed of Trust executed by Owner covering the real property described in Exhibit "A" hereto. Said Deed of Trust was recorded on October 26, 2005, in the Office of the County Recorder of San Diego County, State of California, as Document No. 2005-0930607, and is referred to herein as the "Senior Deed of Trust." 3. The Senior Deed of Trust secures a promissory note dated October 13, 2005, executed by Owner, as Maker, to Lender or its predecessor in interest, as Payee, in the original principal sum of Five Million Two Hundred Thirty Thousand and No/100 Dollars ($5,230,000.00), the "Senior Note." The Senior Note and Senior Deed of Trust are now being modified. 4. The Senior Loan was modified by the First Modification Agreement dated January 11, 2006 and recorded on January 20, 2006 as instrument no. 2006-0044759 in the official records of San Diego County, California, whereby Senior Lender agreed to add Land Parcel No. 556-554-20 to the property secured by the first priority Deed of Trust. Exhibit A of the Deed of Trust is revised to read as specifically described in Exhibit A-1 and A-2 to this Agreement. The Loan/Deed of Trust was modified by the Second Modification Agreement dated January 17, 2006 and recorded January 23, 2006 as instrument no. 2006-0048586 in the official records of San Diego County, California, whereby Senior Lender agreed to add Land Parcels No. 556-554-18 and 556-554-19 to the property secured by the first priority Deed of Trust. Exhibit A of the Deed of Trust is revised to read as specifically described in Exhibit A-1, A-2, and A-3 to this Agreement. The Senior Loan is now modified by the Third Modification and/or Extension Agreement ("Agreement") dated November 3, 2006 whereby Bank agrees to (i) extend the Maturity Date of the Loan to November 3, 2007 and (ii) increase the Original Principal Balance of the Loan amount by $490,000.00 from $5,230,000.00 to $5,720,000.00, and other matters for Senior Lender. 5. For valuable consideration to Creditor, including the modification of the Senior Note and Deed of Trust, Creditor 1 hereby intentionally and unconditionally waives, relinquishes and subordinates to the fullest extent necessary its interest in the said Junior Deed of Trust and underlying obligation secured by the Junior Deed of Trust in favor of the lien or charge upon the property of the Senior Deed of Trust. This subordination includes the lien to secure the Senior Note and any and all other obligations, debts, fees, costs, and advances secured by the Senior Deed of Trust. 6. It is the intention and understanding of the parties hereto that the lien or charge of the Senior Deed of Trust shall be and remain at all times prior and superior to the Creditor's interest in the Junior Deed of Trust. 7. This agreement shall be the whole and only agreement with regard to the subordination of the Junior Deed of Trust to the Senior Deed of Trust and cha11 supersede and cancel, but only insofar as would affect the priority between the Junior Deed of Trust and the Senior Deed of Trust, any prior agreement as to such subordination including but not limited to, those provisions, if any, contained in the Junior Deed of Trust which provide for the subordination of the lien or charge thereof to a deed of trust or deeds of trust or a mortgage or mortgages. 8. Creditor consents to and approves of all provisions of the Senior Note and Senior Deed of Trust and all agreements modifying the Senior Note and Senior Deed of Trust and agrees that Lender, in making any disbursements pursuant to any such loan agreements is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburse such proceeds and any application or use of such proceeds for purposes other than those provided for in such loan agreements shall not defeat the subordination herein made in whole or in part. 9. This agreement shall be executed and acknowledged by both parties and recorded and shall be binding upon and inure to the benefit of their successors and assigns. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR DEED OF TRUST TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. DATED: 2 CREDITOR: Community Development Commission of the City of National City By: Name: Its: BORROWER: Constellation Property Group (NatCity 12th) LP, A Delaware limited partnership By: Constellation Property Management, Inc. A Delaware Corporation Its General Partner By: Eugene Marchese Its President By: Stephen Scotchmer Its Secretary 3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to in this Report is situated in the City of National City, County of San Diego, State of California, and is described as follows: Parcel A: Parcel 1 of Parcel Map No. 10377, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 27, 1980. APN: 556-554-17 Parcel B: Parcel 2 of Parcel Map No. 10377, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 27, 1980. APN: 556-554-16 4 EXHIBIT A-2 LEGAL DESCRIPTION OF PROPERTY Real property in the City of National City, County of San Diego, State of California, described as follows: LOT 6 IN BLOCK 1 OF F.A. KIMBALL'S SUBDIVISION OF THE WEST HALF OF 10 ACRE LOT 4 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 585, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 29, 1889. APN: 556-554-20-00 5 EXHIBIT A-3 LEGAL DESCRIPTION OF PROPERTY The land referred to in this Report is situated in the City of National City, County of San Diego, and State of California, and is described as follows: Parcel A: Lots 1 through 5, inclusive, Block 1 of F.A. Kimball Subdivision of the Westerly one-half of 10 acre Lot 4 of Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 585, filed in the Office of the County Recorder of San Diego County, February 20, 1889. Also, the Southerly 10 feet of 1 lth Street adjoining said Lot 1 on the North as closed to public use. Excepting from Lots 1 through 3, inclusive, in said Block 1, all crude oil, petroleum, gas, brea, asphaltum and all kindred substances and other minerals under and in said land, as excepted and reserved in Deed from Orrie D. Kelly and Mary Lena Kelley, husband and wife, dated June 22, 1955 and recorded July 6, 1955. ACKNOWLEDGEMENTS: 6 STATE OF CALIFORNIA COUNTY OF On before me, (Name of Notary Public), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGEMENTS: STATE OF CALIFORNIA COUNTY OF On before me, (Name of Notary Public), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGEMENTS: STATE OF CALIFORNIA COUNTY OF On before me, (Name of Notary Public), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 7 RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATTION AGREEMENT WITH CONSTELLATION PROPERTY GROUP (NATCITY 12TH) FOR THE R1 AND R2 PROJECT SITES WHEREAS, the CDC entered into a DDA with Constellation Property Group on August 30, 2005, for development of the Centro Project. The developer's obligtion to develop the site was secured by a Deed of Trust dated October 21, 2005; and WHEREAS, Constellation Property Group is in the process of extending the term of its acquistion loan for the R1 and R2 projects. The lender has requested that the CDC subordinate its deed of trust to the lender's deed of trust; and WHEREAS, the proposed Subordination Agreement would place the CDC's deed of trust in second position to the lender's deed of trust if there were a default by the developer in complying with its obligations under the DDA. The subordination of a deed of trust is a customary practice in transactions such as this, and would facilitate completion of the project. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement with Constellation Property Group (NatCity 12th). Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of January 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 16, 2007 AGENDA ITEM NO. ] H ITEM TITLE A report requesting the Community Development Commission to name a citizen to serve on a sub -committee to develop Public Art for the National City Aquatic Center. PREPARED BY DEPARTMENT Patricia Beard, Redevelopment Manager Community Development Commission EXPLANATION The Community Development Commission ("CDC") is currently in the final design stages for the permanent National City Aquatic Center, to be located at Pepper Park. Among tasks to be accomplished is the creation of Public Art for the project. Using a competitive process, City, CDC and South Bay Family YMCA (program manager for the Aquatic Center) staff have short-listed three experienced public artists to submit competing proposals for the project. Staff desires to form a sub -committee to work with the artists prior to submittals to the National City Public Arts Committee. Service on the committee is expected to require 1 — 2 workday hours each month through April, 2007. Make-up of the sub -committee recommended by staff and the YMCA would include: • 1 City staff member — Ms. Susanna Peredo • 1 CDC staff member — Ms. Patricia Beard • 1 — 2 representatives from the YMCA (to be named by the YMCA) • 1 — 2 volunteers from the Public Art Committee (to be selected from the committee) • 1 community citizen selected by the CDC Board Environmental Review Not applicable. Financial Statement There is no fiscal impact for voluntary service on the sub -committee. The budget for the public art project is $45,000 - one -percent of project costs plus grant monies secured for the project by the Community Services Department. Account No Staff Recommendation Accepting Student Council Representatives' primary and alternate designee to serve on a sub -committee to develop public art for the National City Aquatic Center. Board/Commission Recommendation Not applicable. J ATTACHMENTS Resolution No. A 'l/lfl /ll /On\ City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 1,6, 2007 AGENDA ITEM NO. 17 ITEM TITLE Update on the joint planning process between the City of National City and Port of San Diego, including the Public Outreach Questionnaire. PREPARED BY ,0 Patricia Beard Redevelopment Manager DEPARTMENT Community Development Commission EXPLANATION On May 17, 2005 the City Council heard a report and recommendations about opportunities and challenges facing the City in its ongoing relationship with the Port of San Diego — especially differences between local and regional impacts and benefits of Port operations in the City. Subsequently, on May 24, 2005, the City Council sent a letter to the Port requesting consideration of six items, including "fund a land use study of higher and complimentary use of Port property adjacent to the Marina, Aquatics Center and Pepper Park to include public facilities, recreation and retail, as well as jobs." On December 6, 2005 the Board of Port Commissioners agreed to explore the feasibility of issuing a Request for Proposals for a complimentary project within an area bounded by the Sweetwater Channel, Tidelands Avenue, Marina Way and Bay Marina Drive based on six mutually agreed -upon principles. (please see attached sheet.) K....._This report will update the City Council on progress to date including public outreach. Environmental Review Not applicable 12; Azov Financial Statement To date $21,663 has been spent for the public outreach portion of the process: $10,000 to Professor Don Sciglimpaglia of San Diego State University, $6,503.58 to Copy Post Printing and $5,160 for postage. Account No. 900743 STAFF RECOMMENDATION Accept and file the report. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Six principles for joint planning 2. May 24, 2005 letter A-200 (9/80) Attachment 1 Six Principles for Joint Planning City of National City and the Port of San Diego ■ Protect maritime uses ■ Enhance the Working Waterfront • Ensure environmental compliance • Build public amenities/visitor serving development compatible with the Marina, Marina Gateway and Aquatic Center projects ■ Demonstrate a financial benefit to the Port and City • Ensure public participation with the City Attachment 2 NICK INZUNZA MAYOR May 24, 2005 William Hall, Chairman Unified Port of San Diego 3165 Pacific Highway San Diego, CA 92101-1128 RE: NATIQNAL CITY REQUESTS Dear Chairman Hall: At our May 17/h City Council meeting, City Manager Chris Zapata presented recommendations highlighting opportunities and challenges facing our respective organizations. The recommendations were developed during discussions with Commissioner Valderrama and President Hollingsworth as well as key stakeholders including the Port Tenants Association, San Diego -Imperial Counties Labor Council, Dixieline and the Environmental Health Coalition. The San Diego Union Tribune story "National City Makes Waves" captured the crux of the challenge facing our community. National City, with the lowest per capita income in San Diego County, absorbs proportionately the most ongoing service demands of all Port member cities. Negative quality of life impacts are also inherent in the existing development of the Port. City Manager Zapata's analysis of the obvious — which is to say the current land uses generate positive revenue for the Port and negative service impacts to the City - is unanimously supported by this Mayor and City Council. As a regional body, the Port has a stated mission of balancing regional economic benefits, environmental stewardship, recreational opportunities and public safety while protecting Tidelands Trust resources on behalf of all Californians. To achieve these goals, we are requesting the Port Commission and staff: 1. Provide annual street maintenance funds of $800,000 per year to cover service demands related to heavy truck traffic and excessive vehicular traffic within National City's port district. 2. Provide $65,000 per year to cover costs of a code enforcement officer necessary due to intensity of heavy industry and related environmental impacts. 3. Amend the existing Fire and Police service contract to provide an additional $1,660,000 annually for public safety services in an industrial complex with potential for multiple hazards. CITY ADMINISTRATION BUILDING • 1243 NATIONAL CITY BOULEVARD. NATIONAL CITY • CALIFORNIA 91950 TEL (619) 336-4526 • FAX (619) 336-4239 • Nlnzunzanci.national-city.ca.us 4. Fund a land use study that considers a higher and complimentary use of Port property adjacent to the Marina, Aquatics Center and Pepper Park to include public facilities, recreation and retail as well as jobs. 5. Participate in the SDG&E line burial adjacent to the Marina site which will provide benefit to all developments in the vicinity. 6. Strongly consider actions that allow Dixieline to plan for future expansion. We understand that all Port tenants have value, however, there must be a nexus between economic impacts to the Port and Cities. The above requests are intended to address the historical imbalance in National City. With respect to member cities, we strongly support the existing agreement with Imperial Beach and improvements in Coronado, as well as planned improvements in San Diego and Chula Vista. These arrangements benefit the entire region. National City as a major contributor to the maritime industry, is finally requesting that our citizenry receive compensation for its services; which subsidize the Port and regional economy. We appreciate your Ieadership and willingness to work with fellow Port Commissioners and staff to review and respond to these requests within the next 30 days. Sincerely, Ron Morrison Vice Mayor Frank Parra Councilman ' 1 Rosalie G. Zar Councilwoman cc: Robert "Dukie" Valderrama, National City - Port Commissioner Bruce Hollingsworth, President & CEO - Port Commission Chris Zapata, City Manager -City of National City