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2007 03-06 CC CDC AGENDA PKT
Agenda of an Adjourned Regular Meeting National City City Council — Tuesday, March 6, 2007 — 4:00 P.M. Agenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Tuesday, March 6, 2007 — 6:00 P.M. Council Chambers Civic Center 1243 National City Boulevard National City, California 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. ROLL CALL 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 interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos estan disponibles en el pasillo al principio de la junta. // Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY BEC OBTAINEDNL OR THROUGH COMMUNITY DEVELOPMENT WE S TE AT www COMMISSION eMEETING AGENDAS AND MINUTES MAY CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/6/07 Page 2 ADJOURNED REGULAR MEETING — 4:00 P.M. CITY COUNCIL PUBLIC HEARING 1. Public Hearing: 2007-2008 Consolidated Plan funding allocation for Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs — Applicant Presentations. (Community Services) Next Regular City Council and Community Development Commission Meeting - Tuesday — March 6, 2007 - 6:00 p.m. — Council Chamber - National City, California REGULAR MEETING — 6:00 P.M. CITY COUNCIL OF THE CITY OF NATIONAL CITY/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ROLL CALL CITY COUNCIL 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. 2. Approval of the minutes of the Adjourned Regular City Council/Community Development Commission meeting of January 30, 2007 and the Regular City Council/Community Development Commission meeting of February 6, 2007. (City Clerk) 3. Approval of a motion to waive reading of the text of the 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) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/6/07 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution authorizing the City Engineer to install blue curb handicap parking in front of Iglesia del Nazareno at 1018 Roosevelt Avenue. (J. Cuz, TSC Item No. 2007-6) (Engineering) 5. Resolution authorizing the City Engineer to install white curb for mail carrier parking in front of 900 Manchester Street. (T. Perna, TSC Item No. 2007-5) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment One to the current Agreement with Project Design Consultants in the amount of $195,000 to provide construction staking/engineering support services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements. (Funding is through Community Development Commission) (Engineering) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment Two to the current Agreement with Project Design Consultants in the amount of $66,650 to provide additional design services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements (Funding is through Community Development Commission) (Engineering) 8. WARRANT REGISTER # 30 (Finance) Ratification of Demands in the amount of $1,125,697.66. 9. WARRANT REGISTER # 31 (Finance) Ratification of Demands in the amount of $569,376.28. 10. Cash and Investment Quarterly Reports for 1st Quarter ending September 30, 2006 and 2nd Quarter ending December 31, 2006. (Finance) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/6/07 Page 4 ORDINANCE FOR ADOPTION 11. An Ordinance of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from IP-PD to RM-3-PD for an 11.9 acre vacant site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-I/ZC-2006-1) (Planning) NON CONSENT RESOLUTION 12. Resolution of the City Council of the City of National City approving a final Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential Tots with a Conditional Use Permit for one of the lots to have an accessory living unit. Applicant: Brett Farrow for Alpha Project. (Case File No.: S-2004-6/CUP- 2004-18) (Engineering) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 13. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 02/08/07 through 02/21/07 of $238,282. (Community Development Commission/Finance) 14. Resolution of the Community Development Commission of the City of National City approving an Agreement with Rick Engineering Company for engineering related to necessary improvements to Bay Marina Drive not to exceed $43,650. (Community Development Commission) PUBLIC HEARING 15. Public Hearing — Downtown Specific Plan Consistency Review "Bay View Tower". Location: 701 National City Boulevard. APN: 556-331-25. (Applicant: Pacifica Companies) (Case File No.: DSP-2006-7) (Community Development Commission) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/6/07 Page 5 NON CONSENT RESOLUTIONS 16. Resolution of the Community Development Commission of the City of National City authorizing staff to issue Owner Participation letters for the project described in the Exclusive Negotiating Agreement with Home Depot USA, Inc. and Pacific Steel, Inc. dated November 21, 2006. (Community Development Commission) 17. Resolution of the Community Development Commission of the City of National City authorizing staff to issue Owner Participation letters for a potential redevelopment project on Assessor's Parcel Numbers 559-024-06, 559-091-03, 11 and 14 in the National City Harbor District. (Community Development Commission) 18. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute Amendment No. 3 to the Disposition and Development Agreement between the Community Development Commission and Constellation Property Group (A Avenue) LP. (Community Development Commission) NEW BUSINESS 19. A report on the selection of an artist to design, produce and install public art for the National City Aquatic Center. (Community Development Commission) STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a Citv of National Citv v. Metropolitan Transit System San Diego Superior Court Case No. GIC880322 CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/6/07 Page 6 ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — March 20, 2007 - 6:00 p.m. — Council Chamber - National City, Califomia TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE MEETING DATE: City of National City COUNCIL AGENDA STATEMENT March 6, 2007 AGENDA ITEM NO. 1 ITEM TITLE: PUBLIC HEARING: 2007-2008 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS— AP ' ICANT PRESENTATIONS PREPARED BY: LETICIA QUINTERO ► • E ARTMENT COMMUNITY SERVICES EXPLANATION: City staff is currently processing and evaluating the applications for the upcoming 2007-2008 Fiscal Year CDBG & HOME allocations. On February 14, 2007, CDBG and HOME applicants presented their proposal/requests before the Housing and Community Development Committee (HCDC). The purpose of this public hearing is to provide the applicants with the opportunity to present their respective proposals/requests to the City Council. Upon the conclusion of these presentations, this Public Hearing will be closed. A new Public Hearing will be advertised for the regularly scheduled City Council Meeting of March 20, 2007. At that time the City Council will consider the final allocations. Environmental Review Not applicable to this report. Financial Statement Not applicable to this report. STAFF RECOMMENDATION Conduct Public Hearing. BOARD/COMMISSION RECOMMENDATION Housing & Community Development Committee's recoimundation may be viewed in Executive's Sunanary of the Request for Funding notebook. ATTACHMENTS (Listed Below) 1. Notice of Public Hearing 2. List of Applicants Resolution No. PUBLIC HEARING NOTICE 2007-2008 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS The City Council of the City of National City will conduct a PUBLIC HEARING on Tuesday, March 6, 2007 at 4:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The purpose of the public hearing is to provide the applicants with the opportunity to present their respective proposals/requests to the City Council. Approximately $1,700,000 is available this year from HUD for housing and community development projects. Further information on the above Consolidated Plan activities can be obtained at the City of National City, Community Services office, 140 E. 12th Street, Suite B, National City, CA 91950, or by contacting Leticia Quintero at (619) 336-4568 or via email lquintero@ci.national-city.ca.us Chris Zapata, City Manager Published on February 23rd and March 2^d, 2007 Fiscal Year 2007-2008 CDBG Requests Planning & Administration 1 Community Services Department 2 Community Services Department 3 San Diego Fair Housing Council of SD Public Services 4 Boys and Girls Club of National City 5 Boys and Girls Club of National City 6 Building & Safety Department 7 Burn Institute 8 Christmas in July *National City 9 Community Food Bank of National City 10 Community Services Department 11 Community Services Department 12 Community Services Department 13 Community Services Department 14 Community Youth Athletic Center 15 Council of Philippine American Org. 16 Las Palmas Little League 17 MAAC Project 18 National City Diablos 19 National City Public Library 20 Operation Samahan 21 PASACAT 22 San Diego Community Housing Corp. 23 San Diego Community Housing Corp. 24 South Bay Community Services 25 Trauma Intervention Services CDBG Administration Neighborhood Council Program Fair Housing Services After -School Transportation $10,000.00 $103,232.00 $31,000.00 $15,725.00 Annual Club Membership Scholarship $5,500.00 Graffiti Removal Senior Fire and Burn Prevention City Clean-up Project Project Hunger/Project Independence Tiny Tots Learn to Swim George Waters Nutrition Programs Senior Citizen Transportation Program Development EITC, VITA; and TCE Scholarship Program Economic Opportunities Program Pop Warner Youth Football & Cheer Literacy Services Displaced Youth Empowerment Program The Philippines through Dance Program Park Villas Family Learning Center Granger Wellness Center Critical Hours- Summercrest Apts. Crisis Intervention Team $105,000.00 $4,627.05 $100,559.00 $50,000.00 $24,736.50 $25,660.00 $20,000.00 $15,500.00 $100,000.00 $20,000.00 $20,000.00 $30,000.00 $35,000.00 $47,250.00 $50,000.00 $15,000.00 $11,800.00 $53,500.00 $15,000.00 $8,000.00 Fiscal Year 2007-2008 CDBG Requests Code Enforcement Housing Inspection Program Office Construction Rennovation Project $186,000.00 $125,000.00 $50,000.00 $200,000.00 Community Enhancenment 26 Building & Safety Department 27 Building & Safety Department 28 Chritmas in July * National City 29 PASACAT City- Capital Improvements 30 Community Services Department 31 Community Services Department 32 Engineering Department 33 Engineering Department 34 Engineering Department 35 Engineering Department 36 Fire Department 37 Fire Department Home Investment Partnership Act 38 Economic Development Division 39 Economic Development Division 40 Habitat for Humanity Las Palmas Score Shacks Resurface Tennis Courts Alley Improvements Upgrade Substandard Pedestrian Ramps Miscellaneous Concrete Improvements Miscellaneous Storm Drain Improvements Fire Apparatus Lease Payment Fire Apparatus Lease Payment HOME Administration Asst. Production of Affordable Housing $160,000.00 $30,000.00 $150,000.00 $150,000.00 $100,000.00 $50,000.00 $78,453.00 $60,116.00 $59,773.00 $37,963.00 $500,000.00 3 ITEM 2 3/6/07 Approval of the minutes of the Adjourned Regular City Council/Community Development Commission meeting of January 30, 2007 and the Regular City Council/Community Development Commission meeting of February 6, 2007. (City Clerk) ITEM #3 3/6/07 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 this. meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2007 4 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Engineer to install blue curb handicap parking in front of Iglesia del Nazareno at 1018 Roosevelt Avenue (J. Cuz, TSC Item No. 2007-6) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Pastor Julio Cuz requested handicap parking in front of his church at 1018 Roosevelt Avenue. Mr. Cuz's daughter Claudia Cuz is facilitating this request. They have indicated that a good number of elderly people with disabilities frequent the church and that often parking is not available on Roosevelt Avenue adjacent to the church. Claudia confirmed that no parking is available on -site. Staffs site investigation confirms that no parking is available on -site and that no handicap parking is available nearby. On -street residential parking is available on the block and throughout the neighborhood (mixture of unrestricted and time -restricted two-hour parking). Staff recommends installation of two blue curb handicap parking spaces with standard handicap signing in front of the church at 1018 Roosevelt Street, located between a residential driveway to the south and the driveway to a car dealership to the north. Staff has reviewed the City Council's Disabled Persons Parking Policy and feels that the proposed handicap parking is consistent with the policy provisions. At their meeting on February 14, 2007 the Traffic Safety Committee approved installation of two blue curb handicap parking spaces with standard handicap signing in front of the church at 1018 Roosevelt Street. Environmental Review N/A MIS Approval Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION At their meeting on February 14, 2007, the Traffic Safety Committee approved installation of two blue curb handicap parking spaces with standard handicap signing in front of the church at 1018 Roosevelt Street, located between a residential driveway to the So««th arri tha ririvaway to a rar riaalprchir to the north ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-6 A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL TWO BLUE CURB HANDICAP PARKING SPACES IN FRONT OF IGLESIA DEL NAZARENO AT 1018 ROOSEVELT AVENUE (J. Cuz, TSC Item No. 2007-6) WHEREAS, Julio Cuz, pastor of Iglesia Del Nazareno located at 1018 Roosevelt Avenue, has requested blue curb handicap parking spaces in front of the church to accommodate parishioners with disabilities; and WHEREAS, at its meeting on February 14, 2007, the Traffic Safety Committee approved the installation of two blue curb handicap parking spaces in front of the church located at 1018 Roosevelt Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two blue curb handicap parking spaces in front of the church located at 1018 Roosevelt Avenue. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 1,4, 2007 ITEM TITLE: PREPARED BY: DISCUSSION: Pastor Julio Cuz requested handicap parking in front of his church at 1018 Roosevelt Avenue. Mr. Cuz's daughter Claudia Cuz is facilitating. this request. They have indicated that a good number of elderly people with disabilities frequent the church and that often parking is not available on Roosevelt Avenue adjacent to the church. Claudia confirmed that no parking is available on -site. Staff's site investigation confirms that no parking is available on -site and that no handicap parking is available nearby. On -street residential parking is available on the block and throughout the neighborhood (mixture of unrestricted and time - restricted two-hour parking). Staff recommends installation of two blue curb handicap parking spaces with standard handicap signing in front of the church at 1018 Roosevelt Street, located between a residential driveway to the south and the driveway to a car dealership to the north. Staff has reviewed the City Council's Disabled Persons Parking Policy (see attached) and feels that the proposed handicap parking is consistent with the policy provisions. I 2 1 REQUEST FOR INSTALLATION OF BLUE CURB HANDICAP PARKING IN FRONT OF IGLESIA DEL NAZARENO AT 1018 ROOSEVELT AVENUE (BY: J. Cuz, PHONE NO. 619-477-9336) Stephen Manganiello, Engineering Department STAFF RECOMMENDATION: Staff recommends installation of two blue curb handicap parking spaces with standard handicap signing in front of the church at 1018 Rooseve►t Street, located between a residential driveway to the south and the driveway to a car dealership to the north. EXHIBITS: 1. Letter 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2007-6 1 IGLESIA DEL NAZARENO 1018 ROOSEVELT Ave. NATIONAL CITY CA 91950 619-477-6263 PASTOR: REV. JULIO CUZ January 3, 2007 Safety Community Parking 1243 National. City Blvd National City CA 91950 Cr 0 w N U Dear Safety Services, My name is Julio Cuz and I am the current senior pastor at the Hispanic Church of the Nazarene here in National City. Our church is composed of a good significant number of elderly people with disabilities; therefore, I am writing this letter in order to request your assistance in obtaining some handicap parking spaces in front of our church property. I believe that having at least 4 mark spaces in front of our church might alleviate our current parking difficulties. I am looking forward to your assistance in this matter and our church members will be very grateful with any help in this situation. If you have any questions you may contact me at (619) 477-9336. I look forward to hearing from you. Thank you for your time. Sincerely, f N ✓1 l; F l N- `,h b h 9P/ 938 L' •• to. /0/0 /0/2 /0/4 w /028 z ,ae-2o > /022?4 Q /206 /2/2 /2IR /228 /248 Dli ti 130A hl I 9th PLAZA 1205 /2/5 -17 1225 1227 J •0 w z Q /130 /140 »l�40 /2/2 /218 428 /240 p24o CENTER *30 829 s40 1c 900 902 904 906 925-17 NISI/ N3N»1M 945 (10th STREET) /1/7 1123 1/35 1205It /2/5 /2/7 - /223 _ 123/ /233 _ /1/2 /120 /122 12/2 /224 h � ti • (STREET) 13 0. /3/7 1304 w z w STREET= 901 109 949 N/0 9/6 930 BOULEVARD: STREET //5 /112 /146 /133 STREET /5/1 DRIVE Al /200 /302 13/6 0 w 0 a) D Z W Q Z 0 Church at 1018 Roosevelt Avenue (west side of street) Roosevelt Avenue (east side of street, across from Church) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 5. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 6 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2007 5 AGENDA ITEM NO. 7JTEM TITLE Resolution authorizing the City Engineer to install white curb for mail carrier parking in front of 900 Manchester Street (T. Perna, TSC Item No. 2007-5) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Tony Perna of the United States Postal Service (USPS) requested the installation of 25 feet of white curb for mail carrier parking at 900 Manchester Street. According to USPS policy, the mailbox location should be within 25 feet of a designated carrier parking spot. Since no parking is available on -site for the mail carrier, having a white curb loading zone in front of the building will provide a shorter walking distance. Staff's site investigation confirms that no parking is available on -site for the mail carrier. Parallel on -street parking is available on this block. Staff recommends installation of 25 feet of white curb in front of the pedestrian entrance to the site at 900 Manchester Street, accompanied by appropriate signing which identifies the loading zone between the hours of 9:00 a.m. to 6:00 p.m., Monday through Saturday. This type of curb marking and signing will allow residents to park in the loading zone overnight and all day on Sunday. At their meeting on February 14, 2007 the Traffic Safety Committee approved installation of 25 feet of white curb and signing in front of the pedestrian entrance to the site at 900 Manchester Street. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION At their meeting on February 14, 2007, the Traffic Safety Committee approved installation of 25 feet of white curb in front of the pedestrian entrance to the site at 900 Manchester Street accompanied by appropriate signing which identifies the loading zone between the hours of 9:00 a.m. to 6:00 p.m., Monday through Saturday. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee 2007-5 Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL 25 FEET OF WHITE CURB FOR MAIL CARRIER PARKING IN FRONT OF 900 MANCHESTER STREET (T. Perna, TSC Item No. 2007-5) WHEREAS, in accordance to a USPS policy requiring designated carrier parking within 25 feet of a mailbox location, Tony Perna of the United States Postal Service (USPS) has requested the installation of 25 feet of white curb for mail carrier parking at 900 Manchester Street; and WHEREAS, at its meeting on February 14, 2007, the Traffic Safety Committee approved the installation of 25 feet of white curb for mail carrier parking in front of the pedestrian entrance to the site at 900 Manchester Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install 25 feet of white curb for mail carrier parking in front of the pedestrian entrance to the site at 900 Manchester Street. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 14, 2007 ITEM TITLE: 1 REQUEST FOR INSTALLATION OF WHITE CURB FOR MAIL CARRIER PARKING IN FRONT OF 900 MANCHESTER STREET (BY: T. PERNA, PHONE NO. 858-674-0509) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Tony Perna of the United States Postal service (USPS) requested the installation of 25 feet of white curb for mail carrier parking at 900 Manchester Street. Mr. Daniel Schley of Sprint Postal Products is facilitating this request on behalf of Mr. Perna. Mr. Schley is supervising the installation of mailboxes for the apartment building at 900 Manchester Street. According to USPS policy, the mailbox location should be within 25 feet of a designated carrier parking spot. Since no parking is available on - site for the mail carrier, having a white curb loading zone in front of the building will provide a shorter walking distance. Staffs site investigation confirms that no parking is available on -site for the mail carrier. Parallel on -street parking is available on this block. Staff recommends installation of 25 feet of white curb in front of the pedestrian entrance to the site at 900 Manchester Street accompanied by the following signing: "Passenger Loading Zone 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday." This type of curb marking and signing will allow residents to park in the loading zone overnight and all day on Sunday. STAFF RECOMMENDATION: Staff recommends installation of 25 feet of white curb in front of the pedestrian entrance to the site at 900 Manchester Street accompanied by the following signing: "Passenger Loading Zone 3 Minute Parking Only, 9am to 6pm, Monday thru Saturday." EXHIBITS: 1. Correspondence 2. USPS Policy 3. Location Map 4. Photo 2007-5 Page 1 of 1 Stephen Manganiello From: Daniel Schley [daniel@sprintpostal.com] Sent: Wednesday, February 07, 2007 1:01 PM To: Stephen Manganiello Subject: Re: White Zone (USPS carrier parking) Steve, The USPS will need a 25' white curb stripped for carrier parking at 900 Manchester St. in N.C. 91950. The mailbox location has to be within 25' from a designated carrier parking spot but due to the limited parking spaces inside the parking lot we are not able to put the mailboxes inside. The only other alternative is to put the mailboxes out in front off of the city sidewalk, So for the carrier to have a safe designated parking area the United States Post Office is requesting a 25' white zone for the carrier. Thanks 2/7/2007 San Diego District UNITED STLITES POSTAL SERVICE Quick reference Postal requirements: 1. Postal approval will be needed before mail service will be extended or continued to any new delivery, new resident, renovated building or buildings, and change in delivery or delivery equipment or delivery point. 2. NDCBU'S, door slots, and vertical mailboxes are no longer approved mail equipment. 3. Parking within 25' of mailboxes. 92101 25' from property line. (Measurement is based on path carrier will travel from parking place to first mailbox) 25' white curb for parallel parking. 5. Striped and sign for pull in parking. •6. Road must be a minimum of 24' curb to curb 7. 6-day access to mailboxes. 8. Signs on doors or in lobby's may be required. 9. Override or key keeper for locked entrances. 10. All mailboxes must meet Postmaster General Approval and large enough to handle your daily mail volume. You will also need a locking outgoing box. 11. Parcel lockers required for central delivery. (one per 10 deliveries) 12. Mail equipment must be installed off the street that it is addressed and not up or down any stairs. 13. Lay out of mail equipment must be approved by the Postal Service. 14. All secondary addressing must meet Postal approval. All boxes are required to be in numeric order. (No alpha or alpha numeric) This is intended as a quick reference only, please contact Operation Programs at 858-674-0509 for any question you may have or approvals. TONY PERNA 11251 RANCHO CARMEL DR # 261 SAN DIEGO CA 92199-9334 (858)674-0509 Fax:(650) 577-4687 EMAILI TONY.R.PERNAaUSP5.G0V S II942. I I •939� 'jj A 12 a 943 .. 17 • 3302 1 n7Ia S/O// 16 //03 14 PARK 111.14 //25 MAP 3700• /003 900 Manchester Street City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2007 6 AGENDA ITEM NO. ITEM TITLEResolution of the City Council of National City authorizing the Mayor to execute Amendment One to the current agreement with Project Design Consultants in the amount of $195,000 to provide construction staking/ engineering support services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements (Funding is through Community Development Commission) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. i Environmental Review X N/A MIS Approval Financial Statement See attached statement. Approved By: CItiM rd nance Director Avid- 4Sao yl Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution Resolution No. 2. Amendment One to Contract Agreement A-200 (Rev. 7/03) RE: Resolution of the City Council of National City authorizing the Mayor to execute Amendment One to the current agreement with Project Design Consultants in the amount of $195,000 to provide construction staking/ engineering support services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements (Funding is through Community Development Commission) Background On February 7, 2006 the City Council by Resolution Number 2006-13 approved a contract agreement between the City of National City and Project Design Consultants (PDC) to provide the design services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements project in the amount of $442,846. Outline of Proposed Amendment One The following outlines the proposed construction and surveying support services which will be added to the PDC's current contract and provided during construction period: 1. Construction Engineering/Inspection PDC will be responsible for the construction engineering/inspection services. Due to the Caltrans established procedures it is required that the construction engineering/inspection for this project meets the state and federal regulations. The PDC's expanded role will include the work in the construction phase during the eight month construction period as well as attendance at construction meetings and enforcing plans and specifications requirements, and developing, designing, and processing of construction changes. The PDC's proposed Not to Exceed cost for the construction engineering services is $144,000. 2. Construction Staking Construction staking will be required during construction. Staking will be needed to establish the locations and grades of the improvements such as curb, gutter, sidewalk, storm drain, streetlight, decorative pavement, wall, tree, saw -cut line, and utility facility. It is the City's responsibility to provide the construction staking. It is recommended that the work be added into the PDC's current contract. The PDC's proposed Not to Exceed cost for this work is $51,000. The proposed total cost due to the Amendment One will be $195,000 (see attached Exhibits "A" for the scope of work). With the approval of this amendment the PDC's total contract amount will increase from $442,846 to $637,846. Financial Statement The amount of original state grant allocated for the project was $2,000,000 through the Pilot Smart Growth Incentive Program. The total funds budgeted through Community Development Commission for the project was $2,335,154. The total budget for the entire project was $4,335,154. The total awarded contract amount to Portillo Concrete (Contractor) to perform construction was $3,298,308. The total awarded contract to PDC firm to provide design services was $442,846. Therefore, the total amount of funds currently approved for the project is $3,741,154. The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. With the proposed additional cost (195,000) for Amendment One the total approvedamount for this project will be increased from $3,741,154 to $3,936,154. With this amendment the remaining amount in the approved budget will be $399,000 which will be available for material testing ($66,000) and other potential costs ($333,000). STAFF RECOMMENDATION It is recommended that the current contract agreement with PDC be amended to include the proposed additional services. PROJECT SCHEDULE A pre -construction meeting was held on January 31, 2007. A notice to proceed has been issued with a construction commencement date of February 26, 2007. According to the project specifications the construction should be completed on October 22, 2007. 2 Financial Statement The total cost for added work is $195,000. Funding is available through Community Development Commission (CDC) in the Account No. 900911. The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. The proposed additional fees (195,000) for the Amendment One will be deducted from the approved budget ($198,000) for surveying and construction engineering services. AMENDMENT TO AGREEMENT FOR CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS The parties to this First Amendment to Agreement PROJECT DESIGN CONSULTANTS, hereinafter "Contractor", and the CITY OF NATIONAL CITY, a municipal corporation herein called "CITY". RECITALS WHEREAS, Contractor and City are parties to an agreement dated February 7, 2006 for consultant services; and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees stated in the attached letter; and NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. That the agreement between the CITY OF NATIONAL CITY and PROJECT DESIGN CONSULTANT, dated February 7, 2006, is hereby amended by amending the scope of work thereof, as set forth in the attached Exhibit "A". 2. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. Dated: , 2007 CITY OF NATIONAL CITY PROJECT ESIIGN CONSUL By: By: \ Ron Morrison (Name) Mayor j APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Name) CA) (Title) PROJECT DESIGN CONSULTANTS File: 3265.00 February 20, 2007 Mr. Din Dansehfar CITY OF NATIONAL CITY Engineering Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Amendment One Dear Din: 701 B STREET, SUITE 800 SAN DIEGo, CA 92101 619.235.6471 TEL 619.234.0349 FAX W W W.PROJF.CTDESION.COM Project Design Consultants (PDC) is requesting. Amendment One to the existing contract for the National City Boulevard Streetscape and 9rn Street Fountain Plaza Improvements project to include the following services for the totals shown below: Construction Management and Inspection Services Construction Staking Services Total Amount $144,000 (Not -to -Exceed) $51,000 (Not -to -Exceed) $195,000 (Not -to -Exceed) Attached is Exhibit A, the scope of work for each item along with a detailed cost breakdown in Attachments "A" and "B". All terms and conditions of PDC's original agreement dated February 7, 2006 will apply. Sincerely, /JAI /(2et.4, Gordon K. Lutes, PE Senior Vice President Attachments Gregory M. Shields, PE Principal/CEO SAN DIE(;O • PHOENIX • TEMECULA • BAKERSFIELD R: WP\CONTRACT\F07`,F07-671,TR-AMDI .doc PROJECT DESIGN CONSULTANTS 701 E STREET, Serre Soo SAN DIEGO, CA.92201 619.235.6I7r TEL 619.23.1.03•19 FAN W w_P aol Ecru rsic;�.coa File: BD-GEN F07-67 February 15, 2007 Page 1 of 5 EXHIBIT 'A' - SCOPE OF WORK AMENDMENT ONE NATIONAL CITY BLVD/.FOUNTAIN PLAZA IMPROVEMENTS The following is a summary of the scope of work for Amendment One to the National City Blvd/Fountain. Plaza Improvement Contract with Project Design Consultants (PDC). A detailed cost breakdown is shown in Attachments "A" and `B". I. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES The National City Boulevard Streetscape and Fountain Plaza project is funded partially with federal money and therefore a prevailing wage project with the normal additional federal reporting requirements to be enforced by Caltrans. This proposal is based on those requirements, which add additional hours to comply with federal guidelines. Services to be provided include: Chair pre -construction meeting, to include utility coordination B. Meet with Caltrans representative as required to coordinate reporting requirements C. Keep City Project Manager informed of project status on a daily basis D. Chair community awareness and informational meetings on a regular basis E. Process submittals F. Process construction schedule G. Continual review of constructabi'lity issues and potential design conflicts with existing conditions for acceptable drainage, access, safety and ADA H. Inspect each aspect of the project materials, methods, and tolerances an - compliance with Greenbook, Caltrans and Federal requirements prior to and during construction SA>. DILGO • PHOENIX • rE)IECUI u • u3KIIRSFI FEE) PROJECT DESIGN CONSULTANTS File: BD-GEN F07-67 February 15, 2007 Page 2 of 5 1. Provide coordination for. materials testing, (if required) J. Ensure coordination between -the contractor and utilities K. Keep daily records of: 1. - Manpower, (by work classification & hours), equipment and materials used 2. Certificates of Compliance 3. Work accomplished, accepted, or rejected 4. Safety issues, (traffic control, weather, accidents and injuries) 5. Discussion with the contractor concerning any contract issues 6. Changed or unforeseen conditions 7. Public issues, (conflicts with businesses or general public) L. Provide solutions to constructability issues for approval by the engineer of work and the City M. Negotiate and draft change orders for approval by the City N. Process design changes with the engineer of work and the City O. Keep records in duplicate for submission to the City as needed and upon completion of the project P. Act as labor compliance officer Q. Process progress payments for approval and payment by the City R. .Process federal project compliance requirements during construction and for close-out, (DBE, FHWA-47, etc.) S. Perform final inspection and recommend project for acceptance by the City upon Completion (NOT -TO -EXCEED) S144,000 a:.WKCONTRACT\FO7 F07-67SCP-ANiDi.do< PROJECT DESIGN CONSULTANTS File: BD-GEN F07-67 February 15, 2007 Page 3 of 5 II. CONSTRUCTION STAKING A. Establish Control: This item includes verifying existing monurnentation and vertical benchmarks and establishing a construction control network to be used for the duration of the project. B. Sawcut Stakes: This item includes one set of stakes offset to the sawcut line for AC andconcrete areas not controlled by existing curb, proposed curb stakes or along the existing right of way as shown on said plans (3,000 + LF). Theoffsets will be at any distance as requested by the contractor. C. Curb and Gutter Stakes: This item includes one set of stakes set at 50/25-foot intervals, tangent/curves, to curb (5450± LF). Radii of 10-feet or less will be set with a radius point, and grades to both PCR's and larger radii will be set on quarter delta points. Location of all Pedestrian ramps is also included. D. Street Light Stakes: This item includes one set of stakes for locating proposed street lights (30). E. Finish Grade Stakes: This item includes one set of stakes for 9th Avenue set at grade locations as shown on said plans. F. Grade Verification: This item includes one set of collected shots and office evaluation of the finish grading for 9`h Avenue. This item also includes a certification letter if necessary. G Storm Drain Stakes: This item includes one set of stakes for sidewalk underdrains (10) and modified curb outlets (4).. H. Water Stakes: This item includes one set of stakes for the water backflow preventer, water meters and additional water lines as shown on sheet 16. Decorative Pavement Stakes: This item includes one set of stakes for construction of decorative paving areas as needed. J. Tree Locations: This item includes one set of stakes locating tree locations in the medians (31) and tree grates located in the parkways (51). K. CMU Wall Stakes: This item includes one set of stakes for the CMU walls as shown on the landscape plans sheet 25. 12^d1;I'WONTIZ ACNO7r07.e7scr-A2,ID I.dac PROJECT DESIGN CONSULTANTS File: BD-GEN F07-67 February 15, 2007 Page 4of5 I... Extra Staking As Requested: This item includes a time -and -materials budget amount for extra staking and out of scope items as requested by the site superintendent for both onsite and offsite (see note 6). NOTES The above survey services are based upon the following conditions: 1. Each item includes one set of stakes, unless otherwise noted. 2. Survey services include generation of all base mapping, coordinates, and offset calculations required for construction staking. Locations will be generated from PDC in- house design documents. 3. Site shall be ready for the services to be provided. Excessive obstructions, such as dirt piles, vehicles, construction supplies, and equipment, shall be cleared from the area to avoid the need for unusual survey methods or waiting time. Use of unusual survey methods or delays caused by waiting for the area to be cleared shall be considered extra work, for which an "extra work authorization" form shall be signed by the Client's representative prior to completion of the task. 4. Items shall be staked in one continuous operation or in full -day work increments. Extra move -ins to stake short lengths or isolated areas of improvements shall be considered extra work, for which the Client's representative prior to completion of the task shall sign an "extra work authorization" form. 5. All construction staking requests must be made 48 hours in advance. However, all efforts will be made to respond to staking requests on the next business day. 6. Extra staking or out of scope services as requested by Client or Client's authorized representative will be billed on a time -and -materials basis in accordance with the attached labor rate schedule. Any extra work will be accompanied by an extra sheet signed by the site superintendent with an explanation of what work was done, when, and how many hours were spent on the task. These sheets will be attached to the invoice on which they appear. 7. Traffic control is not a part of this contract. It will be the responsibility of the contractor to provide all traffic control necessary to perform safe staking conditions. RAWMCONTRACT FUTP07-67SCP-ADID Lda: PROJECT DESIGN CONSULTANTS File: BD-GEN F07-67 February 15, 2007 Page 5 of 5 OPTIONAL ITEMS The following items are specifically excluded from this staking contract, but arc available on a time -and -materials basis per the attached labor rate schedule: I. Potholing of existing utilities. 2. Blue -top stakes. 3. Any improvements not yet shown on the plans at the time of this proposal. 4. Walls and fencing. 5. Landscape or irrigation systems. (NOT -TO -EXCEED) $ 51,000 TOTAL NOT -TO -EXCEED BUDGET CONTRACT AMOUNT $195,000 R:\WPVCONI ACT\FOTF07-67SCr-AM aI.doc /6 ATTACHMENT A NATIONAL CITY BOULEVARD CITY OF NATIOANL CITY, CA CONSTRUCTION MANAGEMENT SERVICES TASK HOURS RATE TOTAL PROJECT MANAGER, Field (Wade & Assoc.) 360 150.00 54,000.00 PROJECT MANAGER, Office, City & community meetings (Wade & Assoc.) 80 150.00 12,000.00 PROJECT MANAGER, FEDERAL COMPLIANCE, (cert. payroll, material, q's, etc.) (Wade &Assoc.) 200 150.00 • 30,000.00 INSPECTOR (PDC) 360 90.00 32,400.00 ADMINISTRATIVE ASSISTANT, Office (Wade & Assoc.) B0 65.00 5,200.00 ADMINISTRATIVE ASSISTANT, Federal compliance (Wade & Assoc.) 160 65.00 10,400.00 144,000.00 I. CONSTRUCTION SURVEY SERVICES A. Establish Control B. Sawcut Stakes C. Curb and Gutter Stakes D. Street Light Stakes E. Finish Grade Stakes F. Grade Verification G. Storm Drain Stakes H. Water Stakes I. Decorative Pavement Stakes J. Tree Locations K. CMU Wall Stakes L. Extra Staking 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 GRAND TOTAL 2_0 ATTACHMENT B NATIONAL CITY BOULEVARD CITY OF NATIOANL CITY, CA CONSTRUCTION STAKING 1.0 1.0 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 6.0 7.0 5.0 3.0 2.0 2.0 3.0 3.0 3.0 2.0 4.0 5.5 18.5 45.5 14.0 22.0 10.5 10.5 5.0 15.0 15.0 10.5 46.0 14.0 42.0 218.0 $ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8.5 25.5 55.5 20.0 26.0 13.5 13.5 9.0 19.0 19.0 13.5 53.0 $1,453 $4,498 $10,428 $3,480 $4,930 $2,478 $2,478 $1,445 $3,495 $3,495 $2,478 $10,245 $1,453 $4,498 $10,428 $3,480 $4,930 $2,478 $2,478 $1,445 $3,495 $3,495 $2,478 $10,245 276.0 I $50,9001 $50,9001 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT ONE TO THE CURRENT AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE NOT TO EXCEED AMOUNT OF $195,000 TO PROVIDE CONSTRUCTION STAKING/ENGINEERING SUPPORT SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS WHEREAS, on February 7, 2006, the City Council adopted Resolution No. 2006- 13, which authorized an Agreement with Project Design Consultants (PDC) to provide the design services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project in the amount of $442,846; and WHEREAS, the City and PDC desire to amend the Scope of Work to be performed pursuant to the Agreement dated February 7, 2006, to include construction management and inspection services and construction staking services, in the not to exceed amount of $195,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the February 7, 2006 Agreement between the City and Project Design Consultants to expand the Scope of Work to be performed pursuant to the Agreement to include construction management, inspection services and construction staking services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project, in the not to exceed amount of $195,000. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2007. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2007 7 AGENDA ITEM NO. % ITEM TITLEResolution of the City Council of National City authorizing the Mayor to execute Amendment Two to the current agreement with Project Design Consultants in the amount of $66,650 to provide additional design services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements (Funding is through Community Development Commission). Din Daneshfar Engineering 4387 PREPARED BY DEPARTMENT EXT. .EXPLANATION See attached explanation. ( Environmental Review X N/A (Financial Statement MIS Approval See attached Statement. >STAFF RECOMMENDATION Adopt the Resolution. Approved By: deir,Pnrf FinancFDii or 9oo9ii Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2. Amendment Two to Contract Agreement A-200 (Rev. 7/03) RE: Resolution of the City Council of National City authorizing the Mayor to execute Amendment Two to the current agreement with Project Design Consultants in the amount of $66,650 to provide additional design services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements (Funding is through Community Development Commission). Background On February 7, 2006 the City Council by Resolution Number 2006-13 approved a contract agreement between the City of National City and Project Design Consultants (PDC) to provide the design services for the National City Boulevard Streetscape and 9Th Street Fountain Plaza Improvements project in the amount of $442,846. The proposal for Amendment One ($195,000) to the current contract with PDC has been included in tonight's City Council agenda for approval to incorporate the construction staking/engineering services into the original contract. With the approval of Amendment One the PDC's total contract amount will increase from $442,846 to $637,846. Outline of Proposed Amendment Two The following outlines the additional design services which were added due to community inputs and additional meetings during the design phase: 1. Additional Design Work After the execution of the original contract with PDC firm the following design work was required: A. Following the public workshops it was decided to extend the 9th Street improvements east to "A" Avenue requiring additional design surveys and mapping. B. Because of the interest in the project, additional public outreach effort was required. The effort included the preparation, attendance and follow up of four additional meetings with interest groups and two city council meetings. The additional meetings required the preparation of additional alternatives and changes to the proposed design. C. Because of the state and federal funding, PDC prepared the General Provisions incorporating the Federal and State requirements into the City of National City format. The PDC's proposed fixed fee for the additional design services (Amendment Two) is $66,650 (see attached Exhibits "A" for the scope of work). With the approval of this Amendment the total contract amount will increase from $637,846 to $704,496. 1 Finance Statement The amount of original state grant funds allocated for the project was $2,000,000 through the State's Pilot Smart Growth Incentive Program. The total funds budgeted through Community Development Commission for the project was $2,335,154. The total budget for the entire project was $4,335,154. The total awarded contract amount to Portillo Concrete (Contractor) to perform construction was $3,298,308. Thetotal awarded contract to PDC firm to provide design services was $442,846. The amount for the proposed Amendment One was $195,000. With the approval of the Amendment One the total funds approved for the project will be $3,936,154. The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items. was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. With the proposed additional cost approved amount will be increased amendment the remaining amount which will be available for material costs ($266,350). ($66,650) for Amendment Two the total from $3,936,154 to $4,002,804. With this in the approved budget will be $332,350 testing fees ($66,000) and other potential Staff Recommendation It is recommended that the current contract agreement with PDC be amended to include the proposed additional services. Project Schedule A pre -construction meeting was held on January 31, 2007. A notice to proceed has been issued with a construction commencement date of February 20, 2007. According to the project specifications the construction should be completed on October 22, 2007. 2 Financial Statement The total cost for added work is $66,650. Funding is available through Community Development Commission (CDC) in the Account No. 900911. The total estimated construction cost approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. This amount included the proposed lowest bid amount ($3,298,308.50), approximately 2% ($66,000) for surveying, approximately 2% ($66,000) for material testing, approximately 4% ($132,000) for construction engineering, and approximately 10% ($330,000) for contingencies. AMENDMENT TO AGREEMENT FOR CITY OF NATIONAL CITY AND PROJECT DESIGN CONSULTANTS The parties to this Second Amendment to Agreement PROJECT DESIGN CONSULTANTS, hereinafter "Contractor", and the CITY OF NATIONAL CITY, a municipal corporation herein called "CITY". RECITALS WHEREAS, Contractor and City are parties to an agreement dated February 7, 2006 for consultant services; and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees stated in the attached letter; and NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. That the agreement between the CITY OF NATIONAL CITY and PROJECT DESIGN CONSULTANT, dated February 7, 2006, is hereby amended by amending the scope of work thereof, as set forth in the attached Exhibit "A". 2. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. Dated: , 2007 CITY OF NATIONAL CITY PROJECT D SIGN CONSULTANTS By: By: Ron Morrison (Name) ,// ,� Mayor '5e/J 1 r'1 V'[ CP i7 By:���. (Name) (Title) APPROVED AS TO FORM: George H. Eiser, III City Attorney PROJECT DESIGN CONSULTANTS File: 3265.00 February 20, 2007 Mr. Din Dansehfar CITY OF NATIONAL CITY Engineering Department 1243 National City Boulevard National City, CA 91950 SUBJECT: Amendment Two Dear Din: 701 B STREET, SUITE 800 SAN DIEGO, CA 9210] 619.235.6471 TEL 619.234.0349 FAX W W W. P ROJ ECT DESI G N. COM Project Design Consultants (PDC) is requesting Amendment Two to the existing contract for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements project to include the following services for the totals shown below: Geophysical and Soil Gas Surveys Additional Design Surveys Additional Public Outreach Preparation of General Provisions Additional Construction Services Total Amount $ 15,000 $ 4,000 $ 32,200 $ 10,100 $ 5,350 $ 66,650 (Fixed Fee) (Fixed Fee) (Fixed Fee) (Fixed Fee) (Fixed Fee) (Fixed Fee) Attached is Exhibit A, the scope of work for each item along with a detailed cost breakdown in Attachment "C". All terms and conditions of PDC's original agreement dated February 7, 2006 will apply. Sincerely, Gordon K. Lutes, PE Senior Vice President Attachments Gregory M. Shields, PE Principal/CEO SAN DIEGO • PHOENIX • TEMECULA • BAKERSFIELD S ft: 1WP1CONTRACTF07T07-67LTR A MD3 iluc PROJECT DESIGN CONSULTANTS 7o2 B STREET, SUITE 800 SAN I )lIco, CA 921o1 6E19,235.6471 FEL S19.234.0349 Fax ROJF Tlll"'iIL N.0 6l.I File: BD-GEN F07-67 February 15, 2007 Page 1 of2 EXHIBIT 'A' - SCOPE OF WORK AMENDMENT TWO NATIONAL CITY BLVD/FOUNTAIN PLAZA IMPROVEMENTS The following is a summary of the scope of work for Amendment 2 to the Nati.onal City Blvd/Fountain Plaza Improvement Contract with Project Design Consultants (PDC). A detailed cost breakdown is shown in Attachment "C". ADDITIONAL CONTRACT SERVICES A. Geophysical And Soil Gas Surveys: 1. Obtain encroachment permit to collect soil gas samples at 11 locations. 2• Mark out sidewalks for USA 3. Perform geophysical survey on six City Blocks along National City Blvd. (Four on the east side between 8th and 12th Avenue and two on the west side between Plaza and 12th) 4. Collect and rush analyze 11 soil gas samples at three feet below grade. 5. Prepare addendum report summarizing results FIXED FEE $ 15,000 Additional Design Surveys: The original contract included aerial mapping and design surveys for the sidewalk and medians for National City Blvd and 9th Ave from National City Blvd to the alley between National City Blvd and A Street. Following the public workshops it was decided to extend the 9th street improvements east to A Street requiring additional design surveys and mapping. In addition, additional design surveys were needed along the right-of-way between 7th Avenue and 12th Avenue to check compliance with. ADA. FIXED FEE $ 4,000 R;V'VI' COATRAClAFLI7\F07-67SCP-A,4,U)2 doc �:\\ D11,1,0 •'I`fi OL,NIY •'lt:\IEC LLI.,1 • Ili\KERSFIELU PROJECT DESIGN CONSULTANTS File: BD-GEN F07-67 February 15, 2007 Page 2of2 C. Additional .Public Outreach: The original scope of work included two public workshops to refine and finalize the project elements. Because of the interest in the project, additional public outreach effort was required. The effort included the preparation, attendance and follow up of four additional meetings with interest groups and two council hearings. The additional meetings required the preparation of additional alternatives and changes to the proposed design. FIXED FEE $ 32,200 D. Preparation of The General Provisions of the Specifications: The original scope included only the preparation of the technical provisions of the specifications. Because of the state and federal funding; PDC prepared the General Provisions incorporating the Federal and Caltrans requirements into the City of National City format. FIXED FEE $ 10,100 E. Additional Construction Services: The original scope included limited construction services. PDC's role has grown to include construction management by a subconsultant and construction staking. The expanded role will require additional project management involvement in the construction phase during the eight month construction period as well as attendance at construction meetings as required and the developing, designing and processing of construction changes. FIXED FEE $ 5,350 TOTAL FIXED FEE CONTRACT AMOUNT $ 66,650 hAWF.Q03NIT RACT:FON,0?-67SCP-AM U2dnc TASK 1.4 DESCRIPTION Additional Design Surveys Geophysical and Soil Gas Surveys 4.7 Additional Public Outreach 7 11 Preparation of General Provisions 11. 2 Additional Construction. Support Services 35 TOTAL ATTACHMENT C NATIONAL CITY BOULEVARD CITY OF NATIOANL CITY, CA ADDITIONAL CONTRACT SERVICES Senior Senior Projecl Project Permil Manager Engineer Processor $180 5130 $65 16 20 5 40 40 2D 20 PROJECT DESIGN CONSULTANTS CIVIL ENGINEERING TOTAL $ 6,080 5 10,100 $ 3,500 $ 21,680 Senior Project Landscape Manager Architect $150 $110 104 0 0 5 10 Landscape Architect LANDSCAPE ARCHITECTURE 5100 595 TOTAL 51 Landscape Designer 36 $ 24,120 2-Man Survey/Map Survey Leighton 8 Tecn11 Crow Assoc. $95 9195 TOTAL 1 20 $ 4,000 $15,000 $ 1,850 TOTAL $ 4,000 $ 15,000 $ 32,200 9 10.100 b 5,350 $ 25,970 $ 4,000 $15,003 5 66,650 RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TWO TO THE CURRENT AGREEMENT WITH PROJECT DESIGN CONSULTANTS IN THE AMOUNT OF $66,650 TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE NATIONAL CITY BOULEVARD STREETSCAPE AND 9TH STREET FOUNTAIN PLAZA IMPROVEMENTS WHEREAS, on February 7, 2006, the City Council adopted Resolution No. 2006- 13, which authorized an Agreement with Project Design Consultants (PDC) to provide the design services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project in the amount of $442,846; and WHEREAS, on March 6, 2007, the City Council approved Amendment No. 2 to amend the Scope of Work to be performed to include construction management and inspection services and construction staking services, in the not to exceed amount of $195,000; and WHEREAS, the City and PDC desire to amend the Scope of Work to be performed pursuant to the Agreement dated February 7, 2006, to include additional design services, in the amount of $66,650. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the February 7, 2006 Agreement between the City and Project Design Consultants to expand the Scope of Work to be performed pursuant to the Agreement to include additional design services for the National City Boulevard Streetscape and 9th Street Fountain Plaza Improvements Project, in the amount of $66,650. Said Amendment No. 2 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 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 COUNCIL AGENDA STATEMENT March 6, 2007 8 MEETING DATE AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER # 30 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance Tess E. Limfueco 619-336-4330 EXPLANATION Ratification of Warrant Register # 30 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,125,697.66 BOARD / COMMISSION RECO ENDATION i ATTACHMENTS (Usted Ee ow ) 1) Warrant register #30 2) Worker comp. warrant register dated 1/24/07 3) Payroll register dated 1/24/07 esoiutiori Via. A-200 (9!S3) City of National City WARRANT REGISTER R 30 1/30/2007 PAYEE THE STATE BAR OF CALIFORNIA BOARD OF EQUALIZATION UNION BANK OF CALIFORNIA- ACEDO ACRO INSTRUMENT CO. ADAMSON POLICE PRODUCTS ALL POINTS PUBLIC FUNDING, LLC ALL THE KINGS FLAGS ALLEN AMERICAN BACKFLOW SPECIALTI AMERICAN ROTARY BROOM CO., I ART D. NIELSEN PAINTING, INC. AUSTIN DOORS BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP BLACKIE'S TROPHIES AND AWARDS BOYD BRATTIN MOTORS/ BRUCE W MADISON C W REED JR CALIFORNIA COMMERCIAL SECURI CALIFORNIA POLICE EQUIPMENT CANADA CHEVRON USA, INC. DESCRIPTION BAR MEMBERSHIP 2007 SALES/USE TAX 4TH ORTR 2006 PARS BENEFIT FOR LIN WURBS RETIREE HEALTH BENEFITS - FEB 07 GAS DETECTOR DYNAMATION SAFETY VESTS AND COVERS NEW FIRE TRUCK LEASE PMT# 7 FLAG CASE/SHADOW BOX RETIREE HEALTH BENEFITS - FEB 07 RENTAL, ABS TEST TREE SWEEPER REPAIR PREP & PAINT WALLS, OPERATION BLDG REPAIRS -CITY BLDGS DOORS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP # 67727 - NAME TAGS (POLICE) RETIREE HEALTH BENEFITS - FEB 07 LOCKING SIDE STAND - POLICE RETIREE HEALTH BENEFIT- FEB 07 RETIREMENT 2000964-S90 - FEB 07 MOP 45754- REPAIR MAIN ENTRANCE DOOR MOP # 50746 - EQUIPMENT LIABILITY CLAIM COSTS MOP 45699 FUEL CHK NO DATE AMOUN 212793 1/29/07 910.00 212794 1/30/07 4,492.00 212795 1/30/07 39,102.98 212796 1/30/07 160.00 212797 1/30/07 574.88 212798 1/30/07 859.39 212799 1/30/07 19,613.22 212800 1/30/07 184.20 212801 1/30/07 125.00 212802 1/30/07 309.94 212803 1/30/07 908.41 212804 1/30/07 2,400.00 212805 1/30/07 4,881.02 212806 1/30/07 9,106.71 212807 1/30/07 4,957.19 212808 1/30/07 21.55 212809 1/30/07 145.00 212810 1/30/07 371.18 212811 1/30/07 140.00 212812 1/30/07 1,016.02 212813 1/30/07 353.56 212814 1/30/07 393.13 212815 1/30/07 750.00 212816 1/30/07 137.44 1 CHOICEPOINT CINGULAR WIRELESS CITY OF CHULA VISTA CITY OF NATIONAL CITY CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D-MAX ENGINEERING INC DAY WIRELESS SYSTEMS (20) DEFRATIS DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTATIO DICERCHIO DISCOUNT SPECIALTY CHEMICALS DIXIELINE LUMBER CO. DREDGE DREW FORD ENTERPRISE GROUP EWERT, PHILLIP F & E HEDMAN HAMILTON HARRIS & ASSOCIATES HEARTLAND COMM. FAC. AUTHOR' HOLLOWAY HOME DEPOT/GECF IIOMEAGAIN PET RECOVERY SVC IIMC INFRASTRUCTURE ENGINEERING IRON MOUNTAIN RECORDS JEFF KATZ ARCHITECTURE KIMBLE KIRKPATRICK KOLANDA MAINTEX, INC. AUTO TRACK DATABASE DATA VOICE 12/21/06-01/20/07 ANIMAL SHELTER COSTS PETTY CASH REPLENISHMENT MOP # 45704 - OFFICE SUPPLIES POP/REPORT REVIEW MAIL PROCESSING SVCS HARBISON AVE DISCHARGE RADIO SERVICE CONTRACT RETIREE HEALTH BENEFITS - FEB 07 FINGERPRINTING- NEW HIRES SIGNALS & LIGHTING NOV 2006 RETIREE HEALTH BENEFITS - FEB 07 DEGREASER, CONCENTRATE MOP # 45707 - SUPPLIES RETIREE HEALTH BENEFITS - FEB 07 49078 PARTS COPY PAPER RETIREE HEALTH BENEFITS - FEB 07 WC CHECKS RETIREE HEALTII BENEFITS - FEB 07 DEPOSIT #1074 - 8 ON C ANNUAL DISPATCH SVC RETIREE HEALTH BENEFITS-FEB 07 MINI BLINDS MICROCHIP REGISTRATION - K9 MEMBERSHIP FEE DEPOSIT #1075 -22ND & GROVE ST REC MGMT/DOCUMENT STORAGE ARCHITECTURAL SRVCS-REMODEL OLD LL RETIREE HEALTH BENEFITS - FEB 07 REIMBURSEMENT- LEATHER CASL RETIREE HEALTH BENEFITS - FEB 07 JANITORIAL SUPPLIES 212817 1/30/07 100.00 212818 1/30/07 1,071.64 212819 1/30/07 8,403.71 212820 1/30/07 622.4 -' 212821 1/30/07 2,555.90 212822 1/30/07 287.50 212823 1/30/07 2,745.33 212824 1/30/07 776.03 212825 1/30/07 4,548.43 212826 1/30/07 120.00 212827 1/30/07 320.00 212828 1/30/07 2,406.84 212829 1/30/07 70.00 212830 1/30/07 581.53 212831 1/30/07 620.29 212832 1/30/07 250.00 212833 1/30/07 65.15 212834 1/30/07 1,299.73 212835 1/30/07 160.00 212836 1/30/07 659.56 212837 1/30/07 100.00 212838 1/30/07 1,350.00 212839 1/30/07 43,040.00 212840 1/30/07 150.00 212841 1/30/07 22.16 212842 1/30/07 17.50 212843 1/30/07 100.00 212844 1/30/07 280.51 212845 1/30/07 100.00 212846 1/30/07 896.00 212847 1/30/07 300.00 212848 1/30/07 37.19 212849 1/30/07 135.00 212850 1/30/07 1,526.38 MARSHALL MUSIC MATIENZO MCCABE MURRAY MYERS NAPA AUTO PARTS NORTH PARK TROPHY & AWARD CO NOSAL, WILLIAM A. PAUU PERRY FORD PHONE SUPPLEMENTS POTTER PRUDENTIAL OVERALL SUPPLY RAY RON BAKER CHEVROLET-GEO-ISUZ RUIZ SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE r SAN DIEGO POLICE EQUIPMENT SBC/MCI SBC/MCI SBC/MCI SDAPSD SDG&E SHORT, CRAIG S'FRATACOM SWEETWATER AUTHORITY TETRA TECH 1SG #1 THE STAR NEWS TOM MOYNAHAN TRITECH SOFTWARE SYSTEMS VCA MAIN ST ANIMAL HOSPITAL VLRIZON WIRELESS - SD WILLY'S ELECTRONIC SUPPLY MUSIC - NC COMM CONCERT BAND RETIREE HEALTH BENEFITS- FEB 07 RETIREE HEALTH BENEFITS-FEB 07 RETIREE HEALTH BENEFITS - FEB 07 RETIREE HEALTH BENEFITS - FEB 07 MOP # 45735 PARTS FOAMTAPE RADIUS CORNERS, RETIREMENT SETTLEMENT FEB 07 RETIREE HEALTH BENEFITS - FEB 07 MOP 45703-MAINT '97 FORD TRUCK LEATHERETTE BELT CLIP RETIREE HEALTH BENEFITS - FEB 07 MOP # 45742 - TOWEL MAINTENANCE RETIREE HEALTH BENEFITS - FEB 07 45751 PARTS RETIREE HEALTH BENEFITS - FEB 07 ADV TUITION-ROBERT ROUNDS ADV TUITION/ANDREA GONZALEZ FEDERAL 5.56 MM PRODUCT CODE PHONE 449-7549 - JAN 06 PHONE 477-9738 01/13-02/12/07 PHONE LINES SVCS THRU 12/07/06 ADV TUITION/SAMANIEGO & WILLIAMSO FACILITIES DIVISION GAS & ELECTRIC RETIREE HEALTH BENEFITS - FEB 07 MOP # 63845 - MAYOR'S BUS CARDS FACILITIES WATER DEPOSIT #1090 - 3055 E. 20TH ST AD OF PUBLIC HEARING MOP # 45734 - TOWING ANNUAL CAD SUPPORT SVCS K9 VET CARE CELL PHONE 12/22/06-01/21/07 MOP # 45763 - ELECTRONIC SUPPLY 212861 212862 212863 212864 212865 212866 212867 212868 212869 212870 212871 212872 N 212873 212874 212875 212876 212878 212879 212880 212881 212882 212883 212884 212851 1/30/07 118.14 212852 1/30/07 100.00 212853 1/30/07 280:00 212854 1/30/07 150.00 212855 1/30/07 140.00 212856 1/30/07 916.16 212857 1/30/07 250.82 212858 1/30/07 956.73 212859 1/30/07 340.00 212 860 1/30/07 1,3 07.65 1/30/07 64.73 1/30/07 150.00 1/30/07 655.29 1/30/07 190.00 1/30/07 1.97 1/30/07 310.00 1/30/07 39.00 1/30/07 13.00 1/30/07 3,178.77 1/30/07 5,851.43 1/30/07 168.94 1/30/07 21.86 1/30/07 70.00 1/30/07 22,781.70 1/30/07 300.00 1/30/07 213.35 1/30/07 16,362.17 1/30/07 375.00 1/30/07 58.94 1/30/07 50.00 1/30/07 10,695.00 1/30/07 19.07 1/30/07 4,247.36 212885 1/30/07 49.91 3 ZIETLOW, DAVID BAYSHORE TRANSIT MGMT INC BLUE SHIELD OF CA CORPORATE EXPRESS DIRECT TV KAISER FOUNDATION HEALTH PLA MCDONALD TRANSIT ASSOC. INC. NATIONAL INTERSTATE INS CO. NATL CITY CHAMBER OF COMMERC PRINCIPAL FINANCIAL GROUP UNIFIRST RETIREE HEALTH BENEFITS - FEB 07 PARYOLL FOR CHECK DATED 01/26/07 DENTAL INS. FEBRUARY'07 OFFICE SUPPLIES CABLE SERVICES FOR 01/13/07-02/12/07 MEDICAL INS. MARCH '07 JAN 2007 MANAGEMENT SRVCS AUTOMOBILE INSURANCES FOR FY07 ADVERTISING 401K- PAYROLL PPE 01/20/07 MAINTENANCE LAUNDRY SERVICE 212886 212887 212888 212889 212890 212891 212892 212893 212894 212895 212896 Total 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 1/30/07 150.00 56,492.79 650:00 15.9 78.73 10,076.00 13,159.69 15,039.15 300.00 2,728.70 148.38 336,897.58 Workers compensation checks 12675 1/24/07 83.94 12676 1/24/07 47.60 12677 1/24/07 60.27 12678 1/24/07 55.81 12679 1/24/07 447.4. . 12680 1/24/07 1,691.23 12681 1/24/07 47.60 12682 1/24/07 69.19 12683 1/24/07 83.94 12684 1/24/07 118.58 12685 1/24/07 423.14 12686 1/24/07 196.65 12687 1/24/07 12.88 12688 1/24/07 147.05 12689 1/24/07 279.07 12690 1/24/07 60.98 12691 1/24/07 43.61 12692 1/24/07 59.29 12693 1/24/07 142.96 12694 1/24/07 592' 12695 1/24/07 20.90 4 12696 1/24/07 125.00 12697 1/24/07 384.58 12698 1/24/07 298.'03 12699 1/24/07 267.90 12700 1/24/07 377.03 12701 1/24/07 23.38 12702 1/24/07 189.50 12703 1/24/07 193.74 12704 1/24/07 235.26 12705 1/24/07 239.87 12706 1/24/07 297.37 12707 1/24/07 180.96 12708 1/24/07 122.19 12709 1/24/07 1,392.32 12710 1/24/07 374.00 12711 1/24/07 370.79 12712 1/24/07 440.00 12713 1/24/07 440.00 12714 1/24/07 5.58 Total 10,108.91 Total 347,006.49 PAYROLL Pay period Start Date End Date Check Date 295 1/2/07 1/15/07 1/24/07 TOTAL $778,691.17 GRAND TOTAL $1 ,125 , 697.66 TRANSIT WARRANTS CHECKS 212887-212896 CKS 10 TOTAL $99,578.87 City of National City Warrant Register # 30 1 /30/2007 001 GENERAL FUND 612,448.84 104 LIBRARY FUND 29,998.12 105 PARKS MAINTENANCE FUND 14,481.79 109 GAS TAXES FUND 3,241.72 125 SEWER SERVICE FUND 19,524.20 136 TINY TOT CLASSES FUND 71.67 145 JUVENILE EDUCATION FUND 41.06 154 STATE PUBLIC LIBRARY FUND 3,538.83 171 LIBRARY SCHOOL DISTRICT CNTRCT 116.82 172 TRASH RATE STABILIZATION FUND 2,052.20 173 NATIONAL SCHOOL DIST CONTRACT 1,035.15 174 SWEETWATER SCHOOL DIST CONTRAC 4,956.10 188 GRANT - HIDTA 1,547.28 189 CIVIC CENTER REFURBISHING 896.00 191 STOP PROJECT 5,296.29 211 SECURITY AND ALARM REGULATION FUND 1,504.20 212 PERSONNEL COMPENSATION FUND 75,086.73 230 ABANDONED VEHICLE ABATEMENT GRANT 1,857.77 241 NATIONAL CITY LIBRARY STATE GRANT 4.82 242 N. CITY LIBRARY MATCHING FUND 2.60 246 WINGS GRANT 15,438.71 253 RECREATIONAL ACTIVITIES FUND 125.20 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 5,975.44 271 JOBS HOUSING BALANCE GRANT 10.33 273 CBAG-MAJOR MEXICAN TRAFFICKERS 2,579.32 282 REIMBURSABLE GRANTS CITYWIDE 148.64 294 HUD HEALTHY HOMES GRANT 2,038.88 301 GRANT-C.D.B.G. 29,324.15 302 CDC PAYMENTS 28,705.60 307 PROPOSITION A" FUND 5,530.02 320 LIBRARY GRANTS 7,947.12 552 TDA 99,578.87 626 FACILITIES MAINT FUND 61,909.61 627 LIABILITY INS. FUND 28,534.64 628 GENERAL SERVICES FUND 6,889.76 629 INFORMATION SYSTEMS MAINTENANC 14,215.64 630 OFFICE EQUIPMENT DEPRECIATION 571.63 631 TELECOMMUNICATIONS REVOLVING 13,229.21 632 GENERAL ACCOUNTING SERVICES 10,791.39 643 MOTOR VEHICLE SVC FUND 12,445.80 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,005.51 Total 1,125,697.66 C.111.y COLN= AsemnA. March 6, 2007 9 MEETING DATE AGENDA ITEM NO. (c11:EM TITLE WARRANT REGISTER # 31 PREPARED BY D. Gallegos -Finance EXPLANATION DEPARTMENT Finance Tess E. Limfueco 619-336-4330 Ratification of Warrant Register # 31 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Ctn. Finance blrector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 569,376.28 BOARD / COMMISSION RE OMMEND TION ATTACHMENTS (Lid 1) Warrant register #31 2) Worker comp. warrant register dated 1/31/07 -Res&ution No. Payee DAUZ AAA RADIATOR WAREHOUSE ACCOUNTEMPS ACTION TROPHIES & ENGRAVING AGUIRRE ALTAN AMERICAN PLANNING ASSOCIATI AMERICAN ROTARY BROOM CO., I ASCAP BARAHURA ARRIO STATION BDS ENGINEERING INC BEACON FIRE & SAFETY, LP BECK BENNETT BROTHERS, INC. BILATERAL SAFETY CORRIDOR BLACKIE'S TROPHIES AND AWARD BOARD OF EQUALIZATION BONITA PET HOSPITAL CALIFORNIA COMMERCIAL SECUR CEB CINGIILAR WIRELESS CNOA COLLICOTT fONSTRUCTION ELECTRONICS IN F CORPORATE EXPRESS City of National City WARRANT REGISTER # 31 2/6/2007 Description REFUND -CITATION 2402 & 2405 RADIATOR TEMP SRVCS M REBELEZ W/E 01/12/07 PARAMEDIC NAME TAGS EDUCATIONAL REIMB/ 0 AGUIRRE PC REFUND-NC460913032 APA NATIONAL CONFERENCE REG MOP#62683- SWEEPER PARTS ASCAP MEMBERSHIP ADV SUB & TRAVEL - D. BARAI-IURA chk no 212897 212898 212899 212900 212901 212902 212903 212904 212905 212906 37TH ANNIVERSARY BENEFIT DINNER 212907 DEC 2006 SRVCS-PUMP STATION UPGRADES 212908 SVC FIRE EXTINGUISHER 212909 125 PLAN REIMBURSEMENT SERIES I (GENERAL COVER) ADV REG/DOUGHERTY & SEGAL MOP #67727-SHADOW BOX W/ BADGE DISTRICT TAX IMPLEMENTATION ER ANIMAL CARE MOP #45754 - 6 PIN ORIGINAL KEYS CA SUBDIVISION MAY ACT, 2007 DATA VOICE SVC 12/21/06-1/20/07 ADV REGISTRATION/M SEGAL PC REFUND - NC261220021 EB 2007 CONTRACT FOR SECURITY MOP #45704 - ADDRESS LABELS 212910 212911 212912 212913 212914 212915 212916 212917 212918 212919 212920 212921 212922 chk date amount 2/1/07 . 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2,000.00 123.09 2,590.00 39.33 279.69 35.00 895.00 171.09 567.00 923.87 200.00 4,000.00 18.12 127.52 805.00 360.00 48.49 61,603.84 720.00 121.37 95.68 1,762.86 45.00 80.00 843.55 844.13 1 City of National City WARRANT REGISTER # 31 2/6/2007 Payee COUNTY OF SAN DIEGO, RCS CPOA DANIEL PEARCE/ RPM WELDING Description 2006-2007 RCS BACKBONE COST ADV TUITION-PITCHESS MOTION REPAIR VACUUM TRUCK DAY WIRELESS SYSTEMS COMMUNICATIONS EQUIP SVC DISCOUNT SPECIALTY CHEMICALS PUNCH DEGREASER DOOLEY ENTERPRISES WINCHESTER RANGER EISER III ESGIL CORPORATION FEDEX KINKO'S FENTON FERGUSON ENTERPRISES, INC G & A AUTO AIR CONDITIONING GALLS, INC. GONZALES GRAINGER HART'S AUTO SUPPLY HERNANDEZ HUNTER'S NURSERY INC. IKON OFFICE SOLUTIONS INTERNATIONAL CODE COUNCIL I IRON MOUNTAIN RECORDS JAS PACIFIC, INC. JONES & MADHAVAN KELLEY BLUE BOOK KILLACKY, KEVIN KNOBBE KREPPS BOOK & TAPE - REIMBURSEMENT PLAN CHECK SERVICES - NOV 06 CARDSTOCK, COLORED TRAVEL EXP REIMB MOP#45723- PARTS COMPRESSOR JACKET 511 TACTICAL RESPONSE ADV SUBSISTENCE/LODGING MOP 65179 MATERIALS BRAKE PARTS ADV LODGING & SUBSISTENCE 45719 HORTICULTURAL ITEMS MAINTENTANCE RICOH DUPLICATOR '03 IRC AND ICC MATERIALS DOCUMENT STORAGE SVC BUILDING INSPECTOR FEES DEC 2006 SRVCS-NC POOL RENOVATION USED & OLDER CAR GUIDES 125 PLAN REIMBURSEMENT SUBSISTENCE & TRAVEL REIMB ED. REIMB - FIRE MANAGEMENT 2A chk no chk date amount 212923 2/6/07 68,592.00 212924 212925 212926 212927 212928 212929 212930 212931 212932 212933 212934 212935 212936 212937 212938 212939 212940 212941 212942 212943 212944 212945 212946 212947 212948 212949 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 628.00 500.81 867.99 535.98 3,588.75 199.00 25,038.39 239.56 66.69 353.66 1,084.3. 190.52 430.00 76.13 682.00 749.61 255.57 125.00 272.36 100.00 1,960.00 8,520.00 124.35 1,105.01 93.65 200.01. 2 Payee LASER SAVER INC LEAGUE OF CA CITIES- LONG'S DRUG STORES MACIAS MATLOCK MATTHEW BENDER & CO INC MEJIA METRO FIRE EQUIPMENT MINUTEMAN PRESS MONTGOMERY KONE, INC. MORA ,vIORA MULTI -BANK SERVICES LTD N & U TRUCKS Sc AUTO RECYCLIN N C CHAMBER OF COMMERCE NATIONAL CITY AUTO TRIM NATIONAL FORUM FOR BLACK NORTHROP GRUMMAN CORPORAT OFFICE OF THE DISTRICT ATTY OFFICE OF THE MEDICAL EXAMINE OUCHI'S POWER EQUIPMENT PARRIS BULL PHILLIPS POWERSTRIDE BATTERY CO INC PRO GEAR PRUDENTIAL OVERALL. SUPPLY City of National City WARRANT REGISTER # 31 2/6/2007 Description MOP #45725 - HP TONERS 07 PLANNERS INST & MINI EXPO MOP #45727 - CHOCOLATE SUB & TRAVEL REIMBURSEMENT EDUC REIMBURSEMENT CA PARKERS LARMAC INDEX DEPOSIT 41104 - 920 E. I2TH ST. ANNUAL FIRE EXTINGUISHER INSPECTION MOP #47939 - TRANS PERMIT FORMS RESET CIVIC CENTER UNIT 125 PLAN REIMBURSEMENT EDUC REIMBURSEMENT TRADE SETTLING CHARGES REPAIR DOOR GLASS ANNUAL DINNERJJUNIEL & CONDON MATERIALS FOR ARMRESTS NFBPA ANNUAL FEE ANNUAL BASIC SOFTWARE MAINTENANCE SPRINGER -GARNISHMENT OBSERVER SAFETY CLOTHING F MOP#45740- EQUIPMENT ADV LODGING & SUBSISTENCE SUBSISTENCE & TRAVEL REIMB MOP 367839 AUTOMOTIVE PARTS AXLE, FORD 8.8 98/01 LINCO MOP 45742-UNIFORMS - PARKS . UBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 1-07-5 chk no chk date amount 212950 2/6/07 682.95 212951 2/6/07 490.00 212952 2/6/07 97.70 212953 2/6/07 66.56 212954 2/6/07 250.00 212955 2/6/07 154.44 212956 2/6/07 100.00 212957 2/6/07 961.05 212958 2/6/07 212.20 212959 2/6/07 137.08 212960 2/6/07 270.00 212961 2/6/07 200.00 212962 2/6/07 98.73 212963 2/6/07 175.00 212964 2/6/07 100.00 212965 2/6/07 119.63 212966 2/6/07 150.00 212967 2/6/07 33,550.66 212968 2/6/07 359.50 212969 2/6/07 36.00 212970 2/6/07 139.76 212971 2/6/07 749.61 212972 2/6/07 90.12 212973 2/6/07 262.53 212974 2/6/07 736.78 212975 2/6/07 1,007.97 212976 2/6/07 214,747.54 3 Payee QUAL CHEM CORP. QUEST DIAGNOSTICS WEST QUEST DIAGNOSTICS WEST RAMIREZ RBC MUSIC CO REGIONAL TRAINING CENTER RIO HONDO COLLEGE S.D. COUNTY SHERIFFS DEPT. SACRAMENTO POLICE DEPARTME SAN DIEGO DAILY TRANSCRIPT SBC/MCI SD TRAINING MANAGERS ASSOC SDG&E SHOEMAKER SILVA SMART & FINAL SO CAL MUNICIPAL ATHLETIC FED SORIANO SOUTH BAY WINDOW & GLASS SOUTHERN CALIF TRUCK STOP SOUTHERN MUSIC SSD SYSTEMS STRATACOM SWEETWATER AUTHORITY THE STAR NEWS THOMSON WEST TURF' STAR City of National City WARRANT REGISTER # 31 2/6/2007 Description chk no chk date amount GRANULAR SEWER LINE MAINTAINER WC CLAIM COSTS WC CLAIM COSTS PC REFUND-NC260728027 CONCERT BAND SHEET MUSIC CCMA ANNUAL FEE ADV TUITION/BULL & HERNANDEZ BOOKING FEES OCT-DEC 2006 ADV TUITION - DENISE BARAHURA ADS FOR MISC CONCRETE IMPRVMNTS PHONE LINE 619-474-6749 JAN 07 2007 MEMBERSHIP DUES GAS & ELECTRIC 1815 COOLIDGE AVE 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT 212977 2/6/07 499.09 212978 212979 212980 212981 212982 212983 212984 212985 212986 212987 212988 212989 212990 212991 MOP 45756 NEIGHBORHOOD COUNCIL SUPL5212992 ASSOCIATE MEMBERSHIP DUES 212993 125 PLAN REIMBURSEMENT 212994 CITY-WIDE WINDOW REPAIR AND REPLACEP212995 MOP#45758- GAS MUSIC FOR NC COMM CONCERT FIRST HOUR SERVICE MOP #63845 - GARAGE SALE FORMS WATER - STREETS 12/21/06-01/24/07 ADVERTISING LEGAL PUBLICATIONS BLADE-21.50" 212996 212997 212998 212999 213000 213001 213002 213003 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 85.00 85.00 330.00 50.00 690.00 62.00 41,426.00 120.00 174.00 73.52 50.00�, 64.00 4.81 526.24 281.62 75.00 1,999.92 2,521.33 331.01 50.71 793.69 313.25 176.25 525.32 466.56 122.95 4 Payee City of National City WARRANT REGISTER # 31 2/6/2007 TYLER TECHNOLOGIES, INC US STERLING CAPITAL CORP VISTA PAINT WELBY WILLY'S ELECTRONIC SUPPLY ZAPATA BATTERY SYSTEMS CINTAS FIRST AID & SAFETY CUMMINS CAL PACIFIC, LLC DAPPER TIRE COMPANY DI -IL EXPRESS (USA) INC. )IXIELINE LUMBER CO EXXONMOBIL/GECC INDUSTRIAL SUPPLY DISTRIBUTOR KAMAN INDUSTRIAL TECHNOLOGI KIMBALL MIDWEST MAYER HOFFMAN MCCANN PC MYERS TIRE SUPPLY COMPANY NEW FLYER PARTS ROMAN'S TRUCK SAN DIEGO COUNTY SHERIFF SCHOLASTIC SPORTS INC TARULLI TIRE INC.-SAN DIEGO THERMO KING UNIFIRST tTNITED PARCEL SERVICE ,V.W. GRAINGER, INC. Description SUPPORT FOR EDEN FINANCIAL SYS TRADE SETTLING CHARGES GRAFFITI PAINT LIABILITY CLAIM COSTS MOP 45763 SECURITY SYSTEM CIVIC CTR ICMA 2007 CONE REIMBURSEMENT BUS TERMINAL I CABINET ORGANIZED BUS PARTS TIRE DILL SHIPPING SERVICES SIIOP SUPPLIES FUEL FOR STAFF VEHICLES SHOP SUPPLIES FC300 20 HOSE SHOP SUPPLIES AUDIT SRVCS FOR FY ENDED 6/30/06 COATS 183950 REPL. NYL BUS PARTS REPLACE RT WINDSHIELD GARNISHMENT PPE 01 /06/07 E. ALCANTAR ADVERTISING TIRES BUS PARTS MAINTENANCE LAUNDRY SERVICE SHIPPING CHARGES MOP#65 179-SHOP SUPPLIES chk no 213004 213005 213006 213007 213008 213009 213010 213011 213012 213013 213014 213015 213016 213017 213018 213019 213020 213021 213022 213023 213024 213025 213026 213027 213028 213029 213030 chk date amount 2/6/07 39,051.71 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 2/6/07 197.18 435.88 381.00 212.70 87.76 348.07 66.92 1,019.48 304.17 85.08 10.52 10.00 133.57 487.23 91.55 1,600.00 274.54 3,453.30 4,742.71 170.00 199.00 2,311.48 1,511.80 79.99 49.17 194.97 City of National City WARRANT REGISTER # 31 2/6/2007 Payee Description chk no chk date amount Total $ 561,231.91 Workers compensation checks 12715 1/31/07 10.79 12716 1/31/07 750.00 12717 1/31/07 663.34 12718 1/31/07 104.50 12719 1/31/07 69.19 12720 1/31/07 145.35 12721 1/31/07 21.67 12722 1/31/07 968.09 12723 1/31/07 73.68 12724 1/31/07 39.10 12725 1/31/07 846.89 12726 1/31/07 72.25 12727 1/31/07 206.51 12728 1/31/07 130.01 12729 1/31/07 88.20 12730 1/31/07 374.02 12731 1/31/07 61.94 12732 1/31/07 365.89 12733 1/31/07 400.00 12734 1/31/07 400.00 12735 1/31/07 400.00 12736 1/31/07 111.95 12737 1/31/07 971.18 12738 1/31/07 32.30 12739 1/31/07 837.52 6 City of National City WARRANT REGISTER # 31 2/6/2007 Payee Description chk no chk date amount TRANSIT WARRANTS CHECKS 213010-213030 Total $ 8,144.37 Grand Total 569,376.28 CKS 21 TOTAL $17,143.55 7 001 105 111 120 125 301 303 552 626 627 628 629 630 631 632 643 726 City of National City WARRANT REGISTER #31 2/6/2007 GENERAL FUND PARKS MAINTENANCE FUND P.O.S.T. FUND PLAN CHECKING REVOLVING FUND SEWER SERVICE FUND GRANT-C.D.B.G. CAPITAL, FACILITIES FUND TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYSTEMS MAINTENA OFFICE EQUIPMENT DEPRECIATION TELECOMMUNICATIONS REVOLVI GENERAL ACCOUNTING SERVICES MOTOR VEHICLE SVC FUND ENGINEERING/PUBLIC WORKS T & A TOTAL 411,279.07 539.20 3,051.09 26,998.39 5,548.10 104.45 8,520.00 17,143.55 4,869.77 8,762.06 1,242.88 73,445.92 71.94 1,836.38 2,590.00 3,273.48 100.00 569,376.28 City of National City, California COUNCIL AGENDA STATEMENT 10 MEETING DATE March 6, 2007 AGENDA ITEM NO. (CTEM TITLE Cash and Investment Quarterly Reports for 1st Quarter Ending September 30, 2006 and 2nd Quarter Ending December 31, 2006 PREPARED BY Tess E. Limfueco DEPARTMENT Finance x 4330 Finance Director EXPLANATION For the City Council's information and in compliance with the City's Investment Policy, the Cash and Investment Quarterly Reports for the 1st Quarter Ending 09/30/06 and the 2nd Quarter Ending 12/31/06 is hereby submitted. These reports reflect the components of the Investment Program for the periods then ended. The Investment Portfolio provides for sufficient liquidity to meet the quarters estimated expenditures. Environmental Review X N/A Financial Statement Not applicable Account No. STAFF RECOMMENDATION Staff recommends the report be accepted and filed. BOARD / COMMISSION RECOMMENDATION Concur: City Treasurer ATTACHMENTS ( Listed Below) Resolution No. 1. Portfolio Summary -1st Quarter Ending 09/30/06 and 2nd Quarter Ending 12/31/06 2. Portfolio Details -Investments -1st Quarter and 2nd Quarter 3. Interest Earnings Summary -1st Quarter and 2nd Quarter A-200 (9/80) -TO 4E-- Investments City of National City City of National City Portfolio Management Portfolio Summary December 31, 2006 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 6,329,000.00 6,328,631. 40 6,329,000.00 16.04 501 217 5 184 5.256 LAIF 25,798,301.57 25,783.968,73 25,798,301.57 65.40 1 1 5.040 5.110 Negotiable/Transferable CDs 95,000.00 94,835.65 95,000.00 0.24 1,826 119 4.833 4.900 Federal Agency Securities 5,100,000.00 5,043,730.00 5,096,603.13 12.92 1,730 700 3.635 3.685 CalTrust 2,127,247.56 2,127,247.56 2,127,247.56 5.39 1 1 4.922 4.990 Investments Total Earnings 39,449,549.13 39,378,413.34 39,446,152.26 100.00% 309 126 4.875 4.942 December 31 Month Ending Fiscal Year To Date Current Year 156,429.88 966,428.83 Average Daily Balance 37,744,943.23 39,564,836.37 Effective Rate of Return 4.88% 4.85% a /vI 7 Tess Limfueco, finance Dire Reporting period 12/01/2006-12/31/2006 "CR. Date: 02/21 /2007 - 08,15 Portfolio CNC CC PM (PRF_PM1) SymRepf 6.41.2026 Report Ver. 5.00 City of National City Portfolio Management Portfolio Details - Investments December 31, 2006 Page 2 CUSIP Average Purchase Stated YTM/C Days to Maturit Investment # Issuer Balance Date Par Value Market Value e Book Value Rate S&P 365 Maturity Date Certificates of Deposit -Monthly SYS11050 11060 Jacksonville Bank 01/07/2006 99,000.00 99,000.00 SYS11G9g99,000.00 5.000 203 5.000 7 01108l2007 11098 First Natl. Bk.of Damariscotta 07/18/2006 99,000.00 99,000.00 99,000.00 5.760 SfS11052 11052 244 5.020 21 C1/22/2007 Security Pacific Bank (Network 01/20/2006 99,000.00 99,000.00 99,000.00 5.020 285 5.020 21 G1122/2007 SYS11051 11051 Washington State Bank 01/27/2006 99,000.00 99,000.00 99,000.00 5.100096 5.000 35 01/05/2007 SYS11062 11062 Southern Bank 02/05/2006 99,000.00 99,000.00 99,000.00 5.000 180 5.000 35 02i5/2007 SYS11065 11065 Westsound Bank 02/06/2006 99,000.00 99,000,00 99,000.00 5.040 290 5.040 35 02/06/2007 SYS11066 11066 Gwinnett Banking Company 02/07/2006 99,000,00 99,000,00 SYS 11017 11017 99,000.00 5.030 259 5.030 37 02/07/2007 Stockmans Bank 02/14/2005 99,000.00 99,000.00 99,000.00 3.950 94 3.950 44 02/14/2007 SYS11018 11018 First Enterprise Bank, West Br 02/18/2005 99,000.00 99,000.00 SYS11063 99,000.00 3.750 124 3.750 48 02/18/2007 11063 Metropolitan National Bank 02/17/2006 99,000.00 99,000.00 99,000.00 5.070 159 5.070 50 02/20/2007 SYS1'019 11019 Lowcountry National Bank 02/23/2005 99,000.00 99,000.00 SYS11071 99,000.00 3.750 207 3.750 58 0212812007 11071 Cole Taylor Bank 03/29/2006 99,000.00 99,000.00 99,000.00 5.260 238 5.260 87 03/29/2007 5Y511073 11073 Horizon Bank 03/29/2006 99,000.00 99,000.00 51'St1075 99,000.00 5.250 215 5.250 87 03/29/2007 11075 West Pointe Bank 04/11/2006 99,000.00 99,000.00 99,000.00 5.150 231 5.150 100 04/11/2007 SYS11074 11074 Tennesse Commerce Bank 04/13/2006 99,000.00 99,000.00 99,000.00 5.280 74 5.28G 105 04/16/2007 SYS11022 11022 Pioneer Bank 05/05/2005 99,000.00 99,000.00 99,000.00 4.200 -I 77707ACO 10702 City Bank 67 4.90C 134 05//2007 1 05/15/2002 95,00400 94,818.55 95,000.00 4.900 167 4.90C 134 05/15/2007 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000,00 94,812.85 95,000.00 4.850 218 4.850 134 05/15/2007 SYS11023 11023 International Bank of Chicago 05/16/2005 99,000.00 99,000.00 99,000.00 4.500 274 4.500 135 05/16/2007 SYS11122 11122 Appalachian Community Bank 12/06/2006 99,000.00 99,000.00 99,000.00 5.430 234 5.430 156 06/06/2007 SS S 11124 11124 Financial Federal Savings Bank 12/06/2006 99,000.00 99,000.00 99,000.00 5.600 300 5.600 156 06/07/2007 SYS1110ri 11106 Midtown Bank &Trust Company 09,'07/2006 99,000 00 99,000.00 SYS11034 11034 99,000.00 5.600 118 5.600 157 06/07/2007 Mutual Bank 07/05/2005 99,000.00 99,000.00 SYS11033 11033 99,000.00 4.350 197 4.350 185 07/05/2007 Georgian Bank 07/11/2005 99,000.00 99,000.00 99,000.00 4.200 200 4.200 191 07/11/2007 SYS11097 11097 Oceanside Bank 07/18/2006 99,000.00 99,000.00 99,000.00 5.900 188 5. 900 1987 SYS:1094 11094 Union National Bank of Elgin 07/19/200, 9� 07/19/2006 99,000.OD 99,00000 3YS11095 11095 Omni National Bank 99,000.00 5.700 241 5.700 03 07/19/2007 07/20/2006 99,000,00 99,000.00 99,000.00 5.700 210 10 5.700 2203 07/23/2007 SYS11096 11096 Home Federal Bank of Hollywood 07/24/2006 99,000.00 99,000.00 - 99,000.00 5.700 251 5,700 204 07/24/2007 SYS11105 11105 The Brand Banking Company 08/16/2006 99,000.00 99,000.00 99,000.00 5.650 255 5.65D SYS11103 11103 First Federal Bank of Californ 227 08/16/2007 08/16/2006 99,000.00 99,000A0 99,000.00 5.600 219 5.600 227 08116/2007 5YS11101 11101 First Regional Bank 08/16/2006 99,000.00 99,000.00 99,000.00 5.510 229 5.510 227 08/16/2007 SYS11104 11104 Inter Savings Bank 08/16/2006 99,000.00 09,000.00 99,000.00 5.700 260 5.700 227 08/1612007 SYS11100 11100 Community Commerce Bank 08/24/2006 99,000.00 99,000.00 99,000,00 5.500 295 5.576 235 08/24/2007 SYS11111 11111 Virginia Commerce Bank 09/26/2006 99,000.00 99,000-00 99,000.00 5.550 255 5.550 238 08/27/2007 SYS11109 11109 Farmers Bank 09/07/2006 99,000.00 99,000,00 99,000,00 5.650 205 5.650 252 09/10/2007 SYS11 120 11120 Sun West Bank 11/20/2006 99,000.00 99,000.00 99,000.00 5.500 156 5.500 262 09/20/2007 Run Date: 02/21;2007 - 08:16 Portfolio CNC CC PM (PRF_PM2) SymRal 6A1 202b ,7t Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2006 Page 3 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11110 11110 New City Bank 09/27/2006 99,000.00 99,000.00 99,000.00 5.500 249 5.500 269 09/27/2007 SYS11069 11069 AB&T National Bank 03/30/2006 99,000.00 99,000.00 99,000.00 5.300 134 5.300 273 10/01/2007 SYS11070 11070 Crestmark Bank 03/30/2006 99,000.00 99,000.00 99,000.00 5.300 201 5.300 273 10/01/2007 SYS11068 11068 Forreston State Bank 03/30/2006 99,000.00 99,000.00 99,000.00 5.300 200 5.300 273 10/01/2007 SYS11113 11113 Neighborhood National Bank 10/07/2006 100,000.00 100,000.00 100,000.00 5.000 5.000 279 10/07/2007 SYS11112 11112 Citizens Natl. Bank of Quitman 10/06/2006 99,000.00 99,000.00 99,000.00 5.400 237 5.400 281 10/09/2007 SYS11114 11114 Millenium State Bank of Texas 10/13/2006 99,000.00 99,000.00 99,000.00 5.600 213 5.600 285 10113/2007 57611079 11079 Commercial Bank 04/13/2006 99,000.00 99,000,00 99,000.00 5.260 186 5.260 287 10/15/2007 SYS11080 11080 Dupage National Bank 04/13/2006 99,000.00 99,000.00 99,000.00 5.300 107 5.300 287 10.115/2007 SYS11115 11115 First Tuskegee Bank 10/17/2006 99,000.00 99,000.00 99,000.00 5.600 127 5.600 289 10/17/2007 SYS11083 11083 Chevy Chase Bank 04/20/2006 99,000.00 99,000.00 99,000.00 5.260 237 5.260 294 10.r22/2007 SYS11084 11084 First National Bank in Altus 04/20/2006 99,000.00 99,000.00 99,000.00 5.300 199 5.300 294 10/22/2007 S7511085 11085 The Grange Bank 04/20/2006 99,000.00 99,000.00 99,000.00 5.350 163 5.350 294 10/22/2007 SYS11117 11117 Community First Bank & Trust 10/23/2006 99,000.00 99,000.00 99,000.00 5.550 219 5.550 295 10/2312007 SYS11119 11119 Corus Bank 10/23/2006 99,000.00 99,000.00 99,000.00 5.520 300 5.520 295 10/23/2007 SYS11076 11076 American Home Bank 04124/2006 99,000.00 99,000.00 99,000.00 5.340 208 5.340 296 10/24/2007 SYS 11077 11077 Business Bank of Fox River Vly 04/24/2006 99,000.00 99,000.00 99,000.00 5.300 174 5.300 296 10/24/2007 SYS11076 11078 American Bank 04/26/2006 99,000.00 99,000.00 99,000.00 5.400 254 5.400 298 10/26/2007 SYS11089 11089 Centennial Bank of the West 05/01/2006 99,000.00 99,000.00 99,000.00 5.250 161 5.250 304 11/01/2007 SYS11087 11087 Pinebank, National Association 05/11/2006 99,000.00 99,000.00 99,000,00 5.490 116 5.490 315 11/12/2007 SYS11088 11088 Rio Bank 05/11/2006 99,000.00 99,000.00 99,000.00 5.460 93 5.460 315 11/12/2007 SYS11090 11090 Greatbank Algonquin 05/10/2006 99,000.00 99,000.00 99,000,00 5.300 208 5.300 315 11/13/2007 SYS11121 11121 Pinnacle Bank 11/20/2006 99,000.00 99,000.00 99,000.00 5.510 158 5,510 323 11/20/2007 SYS11091 11091 Busey Bank of Florida 05/21/2006 99,000.00 99,000.00 99,000.00 5.415 141 5.415 324 11/21/2007 SYS11092 11092 Union Credit Bank 06/20/2006 99,000.00 99,000.00 99,000.00 5,650 242 5.650 353 12/20/2007 SYS11093 11093 Garden City State Bank 07/03/2006 99,000.00 99,000,00 99,000.00 5.800 193 5.800 367 01/03/2008 SYS11107 11107 Peoples State Bank 09/13/2006 99,000.00 99,000.00 99,000.00 5.500 193 5.500 624 09/16/2008 67311108 11108 Commerce First Bank 09/18/2006 99,000.00 99,000.00 99,000.00 5.750 223 5.750 626 09/18/2008 LAIF 98-37-576 -Fin Date. 02121/2007 - 08:16 W Subtotal and Average 6,290,677.42 6,329,000.00 6,328,631.40 6,329,000,00 5.256 217 11058 Local Agency Investment Fund Subtotal and Average 24,143,462.86 25,798,301.57 25,783,968.73 25,798,301.57 5.110 5.110 1 25,798,301.57 25,783,968.73 25,798,301.57 5.110 1 Portfolio CNC CC PM (PRF_PM2) SymRepl 6A1.202b City of National City Portfolio Management Portfolio Details - Investments December 31, 2006 Page 4 CUSIP Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Negotiable/Transferable CDs 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 94,835.65 95,000.00 4.900 128 4.900 119 04/30/2007 Subtotal and Average 95,000.00 Federal Agency Securities 3133XA7X97 11020 Federal Home Loan Bank 03/28/2005 200,000.00 198,836.00 200,000.00 4.000 AAA 4.000 178 06/28/2007 31359MG31 3133X4GJ4 11061 Federal Natl. Mortgage Assoc. 02/24/2006 200,000,00 199,518,00 200,000,00 5.000 AAA 5.000 235 08/24/2007 10944 Federal Home Loan Bank 03/17/2004 100,000.00 99,781.00 100,000,00 4.000 AAA 3.286 259 09/17/2007 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 98,111.00 100,000.00 4.000 AAA 3.440 513 05/28/2008 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 98,205,00 100,000.00 4.000 AAA 3.050 546 06/30/2008 31339X0N7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 98,563.00 100,000.00 3.500 AAA 2.900 548 07/02/2008 31339X0N7 10867 Federal Home Loan Bank 07/02/2003 100,000.00 98,563.00 100,000.00 3.500 AAA 14 548 07/02/2008 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 100,000.00 98,205.00 99,937.50 4.000 AAA 3.114 563 07/17/2008 31339Y6G2 10868 Federal Home Loan Bank 07/17/2003 100,000,00 99,188.00 100,000.00 4,000 AAA 3.100 563 07/17/2008 313397F8/73 10857 Federal Home Loan Bank 07/24/2003 100,000.00 98,174.00 99,750.00 4.000 AAA 3.204 570 07/24/2008 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000,00 98,486.00 100,000,00 4.250 AAA 3.500 576 07/30/2008 31339YYD8C 31339YYD8 10872 Federal Home Loan Bank 08/13/2003 100,000.00 98,049.00 100,000.00 4-000 AAA 3.550 590 08/13/2008 31339YVS8C 10882 Federal Horne Loan Bank 08/13/2003 100,000.00 98,969.00 100,000.00 4.000 AAA 3550 590 08/13/2008 3133X0AE9C 10873 Federal Home Loan Bank 08/14/2003 100,000.00 98,143.00 100,000.00 4.000 AAA 3.300 591 08/14/2008 3133X0AE9 10874 Federal Home Loan Bank 08/20/2003 100,000.00 99,111.00 99,937.50 5.000 MA 3.914 597 08/20/2008 3133X07B9 10879 Federal Home Loan Bank 08/20/2003 100,000.00 99,781.00 100,000.00 5.000 AAA 3.900 597 08/20/2008 10883 Federal Horne Loan Bank 08/20/2003 100,000.00 99,375.00 100,000.00 4.500 AAA 3.900 597 08/20/2008 3133X0DE6 10875 Federal Home Loan Bank 08/26/2003 100,000,00 98,236.00 100,000.00 4.500 AAA 3.800 603 08/26/2008 3133X1L540 10898 Federal Home Loan Bank 10/30/2003 100,000,00 98,873.00 99,900.00 4.750 AAA 3.922 668 10/30/2008 3133X1L39C 10899 Federal Home Loan Bank 10/30/2003 100,000.00 98,623.00 99,375.00 4.500 AAA 3.888 668 10/30/2008 3133X23C7 10920 Federal Home Loan Bank 11/26/2003 ' 100,000,00 99,656.00 100,000.00 5.000 AAA 4.150 695 11/26/2008 3133X24X0C 10913 Federal Home Loan Bank 11/28/2003 100,000.00 99,061.00 99,562,50 5.000 AAA 4.198 697 11/28/2008 3133X2JS5C 10921 Federal Home Loan Bank 12/16/2003 100,000.00 99,030.00 99,812.50 5.000 AAA 4.142 715 12/16/2008 3133X3C84C 10922 Federal Home Loan Bank 01/30/2004 100,000.00 99,186.00 99,937.50 3.125 AAA 3.139 760 01/30/2009 3133X3MG5C 10932 Federal Home Loan Bank 02/20/2004 100,000.00 99,473.00 99,937.50 4.500 AAA 3.789 781 02/20/2009 3'�. 33X3QS5 10938 Federal Home Loan Bank 02/23/2004 100,000.00 99,625.00 100,000,00 4.500 AAA 3.775 784 02/23/2009 3133X46R7C 10934 Federal Home Loan Bank 02127/2004 100,000.00 99,467.00 99,750.00 2.250 AAA 2.303 788 02/27/2009 3133X3WC3C 10935 Federal Home Loan Bank 02/27/2004 100,000.00 98,780,00 99,937.50 4.000. AAA 3.714 788 02/27/2009 3133X4P21C 10940 Federal Home Loan Bank 03/25/2004 100,000.00 98,217.00 99,937.50 4,000 AAA 3.664 814 03/25/2009 3133X5FE3C 10941 Federal Home Loan Bank 03/30/2004 100,000.00 99,097.00 100,000.00 4.500 AAA 3.750 819 03/30/2009 3133X52E7 10942 Federal Home Loan Bank 03/30/2004 100,000.00 98,155.00 99,937.50 3.750 AAA 3.314 819 03,/30/2009 3133X5FE3 10945 Federal Home Loan Bank 03/30/2004 100,000.00 99,563.00 100,000.00 4.500 AAA 3.753 819 03/30/2009 Den Dale. 0221/2007 - C816 95,000.00 94,835.65 95,000.00 4.900 119 Portfolio CNC CC PM (PRF_PM2) SymRe0 6.41.2026 CUSIP Investment 4 Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments December 31, 2006 Purchase Date Par Value Market Value Federal Agency Securities 3133X52E7C 3133X5L48C 3133X5NZ7C 3133X5VR6C 3133X6BG0C 3133X6DB9C 3133X6N05 3133X6NP7C 3133X6NP7 3133X6DYD2C 3133X3RF2 3133X8B68 3133X8G23 3133X8GC0 3133X8J06C 3133X8J06 3133X8MG4C 10947 10948 10949 10950 10951 10952 10961 10964 10966 10965 10931 10987 10994 10995 10996 11003 10997 Pass Through Securities 3133TGSG5 10637 CalTrust 201-000017-10 11059 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Subtotal and Average 03/30/2004 04/21/2004 04/22/2004 04/28/2004 04/29/2004 04/30/2004 05/12/2004 05/12/2004 05112/2004 05/26/2004 02/26/2004 08/26/2004 09/17/2004 09/22/2004 09/23/2004 09/23/2004 09/30/2004 5,096,603.13 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 98,969.00 97,967.00 97,311.00 99,342.00 98,592.00 98,623.00 99,467.00 98,748.00 99,250.00 98,686.00 99,375.00 98,816.00 98,723.00 99,285.00 98,316.00 98,906 00 99,254.00 Page 5 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date 100,000.00 99,562.50 100,000.00 100,000.00 99, 968.75 99,800.00 99, 906.25 100,300.00 100,000.00. 99, 937.50 100,000.00 100,000.00 100,000,00 100,000,00 99,953.13 99,762.50 100,000.00 5,100,000.00 5,043,730.00 Federal Home Loan Mrtgage Corp Subtotal and Average 0.00 11/30/1998 0.00 0.00 5,096,603.13 Stated 3.750 AAA 3.300 819 33/30/2009 3.625 AAA 3.270 841 D4/21/2009 3.500 AAA 3.340 842 04/22/2009 4.650 AAA 3.900 848 04/28/2009 4.000 AAA 3.657 849 04/29/2009 4.250 AAA 3.994 850 04/30/2009 3.000 AAA 3.020 862 05/12./2009 3.250 AAA 3.250 862 05/12./2009 4.250 AAA 3.950 862 05/12/2009 4.250 AAA 3.714 876 05/26/2009 4.000 AAA 3.727 968 08/26/2009 4.500 AAA 4.050 968 08/26/2009 4.500 AAA 4.100 990 09/17/2009 5.000 AAA 4.400 995 09/22/2009 4.250 AAA 3.960 996 09/23/2009 4.250 AAA 4.003 996 09/23/2009 5.000 AAA 4.400 1,003 09/30/2069 0.00 6 000 0.00 CalTrust Subtotal and Average 2,119,199.82 0.00 2,127,247.56 2,127,24756 0.00 2,127,247.56 4.990 2,127,247.56 2,127,247.56 2,127,247.56 3.685 700 AAA 6.00D 0 01/15/2013 0.000 0 4.990 1 4.990 1 Total and Average -Fbn Date'. 02/21 /2007 - 08:16 GTt 37,744,943.23 39,449,549.13 39,378,413.34 39,446,152.26 4.942 126 Portfolio CNC CC PM (PRF_PM2) SymRepl 6.41.20211 City of National City Portfolio Management Interest Earnings Summary December 31, 2006 December 31 Month Ending Fiscal Year To Date Page 6 CD/Coupon/Discount Investments: Interest Collected 25,349.78 267,850.57 Plus Accrued Interest at End of Period 92,717.49 92,717.49 Less Accrued Interest at Beginning of Period ( 71,837.62) ( 87,654.33) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Periods 46,229.65 272,913.73 0.00 62.50 46,229.65 272,976.23 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 243.82 243.82 Less Accrued Interest at Beginning of Period ( 243.82) ( 243.82) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: Interest Collected 8,910.00 680,048.41 Plus Accrued Interest at End of Period 52,388.83 52,388.83 Less Accrued Interest at Beginning of Period (-48,901.40) ( 38,984.64) Interest Earned during Period 110,200.23 693,452,60 Total Interest Earned during Period Total Capital Gains or Losses 156,429.88 966,366.33 0.00 62.50 Total Earnings during Period R:m'Jale 02/21/2007 - 08.16 156,429.88 966,428.83 Portfolio CNC CC PM (PRF PM6) SylnRep16.41.202b 3eport Ver. 5.00 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return City of National City Portfolio Management Portfolio Summary September 30, 2006 City of National City Investments Par Market Book Value Value % of Days to YTMJC YTM/C Certificates of Deposit - Monthly Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 6,230,00000 6,229,397.70 LAIF 6,230,000.00 15.70 504 260 5,077 25,67D,195.00 25,653,134.64 5.147 Negotiable/Transferable CDs 25,670,195.00 64.67 1 1 4.862 Federal Agency Tra95.000 00 94,733.05 4.930 Securities 5,600,000.00 95,000,00 0.24 1,826 211 CalTrlst 5,542,044.00 5,598,540,63 4.833 4.900 2,099,506.38 14.10 1,624 735 3.661 2,099,506.38 2,099,506.38 5_29 3.712 1 1 4.665 4.730 39,694,701.38 39,618,815.77 39,691,242.01 100.00% 313 146 4.716 4.782 September 30 Month Ending 148,648.07 39,496,695.53 4.58% Tess Limt`ueco, Finance Director Reporting period 09/01/2006-09/30/2006 Z% Run Date : 11/03/2006 - 10.29 I!>1�v�04 Fiscal Year To Date 462,512.56 40,434,837.55 4.54% Portfolio CNC CC PM (PRF_PM1) SymRept 6.41.202b Report Ver. 5.00 -OCO CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2006 Average Purchase Investment n Issuer Balance Date Par Value Market Value Page 2 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Stated Certificates of Deposit - Monthly SYS11069 11069 AB&T National Bank 03/30/2006 99,000.00 99,000.00 99,000.00 5.300 134 5.300 365 10/01(2007 SYS11076 11076 American Home Bank 04/24/2006 99,000.00 99,000.00 99,000.00 5.340 208 5.340 388 10/24/2007 57511078 11078 American Bank 04/26/2006 99,000.00 99,000 00 99,000,00 5.400 254 5.400 390 10/26;2007 SYS11082 11082 Benchmark Bank 04/20/2006 99,000.00 99,000.00 99,000.00 5.170 168 5.170 16 10/17/2006 SYS11081 11081 The Bank of Krernlin 04/20/2006 99,000.00 99,000.00 99,000.00 5.200 245 5.200 17 10/18/2006 SYS11105 11105 The Brand Banking Company 08/16/2006 99,000.00 99,000.00 99,000.00 5.650 255 5.650 319 08/16/2007 SYS11091 11091 Busey Bank of Florida 05/21/2006 99,000.00 99,000.00 99,000.00 5.415 141 5.415 416 11/21/2007 S3'S11077 11077 Business Bank of Fox River Vly 04/24/2006 99,000.00 99,000.00 99,000.00 5.300 174 5.300 388 10/24/2007 SYS11040 11040 Carolina Trust Bank 10/01/2005 99,000.00 99,000.00 99,000.00 4,500 104 4.500 0 10/01/2006 SYS11089 11089 Centennial Bank of the West 05/01/2006 99,000.00 99,000.00 99,000.00 5.250 161 5.250 396 11i01/2007 SYS11083 11083 Chevy Chase Bank 04/20/2006 99,000.00 99,000.00 99,000.00 5.260 237 5.260 386 10/22/2007 177707ACO 10702 City Bank 05/15/2002 95,000.00 94,713.10 95,000.00 4.900 167 4900 226 05/15/2007 SYS 11042 11042 Citizens Natl. Bank of Quitman 10/06/2005 99,000.00 99,000.00 99,000.00 4.400 237 4.400 5 10/06/2006 SYS 11071 11071 Cole Taylor Bank 03/29/2006 99,000.00 99,000.00 99,000.00 5.260 238 5.260 179 03/29/2007 SYS1 I100 11100 Community Commerce Bank 08/24/2006 99,000.00 99,000.00 99,000.00 5.500 -295 5.576 327 08/24/2007 SYS 1 1108 11108 Commerce First Bank 09/18/2006 99,000.00 99,000.00 99,000,00 5.750 223 5.750 718 09/18/2008 SYS1 I079 11079 Commercial Bank 04/13/2006 99,000.00 99,000.00 99,000.00 5.260 186 5.260 379 10/15/2007 SYS11670 11070 Crestmark Bank 03/30/2006 99,000.00 99,000.00 99,000.00 5.300 201 5.300 365 10/01/2007 SY511080 11080 Dupage National Bank 04/13/2006 99,000.00 99,000.00 99,000.00 5.300 107 5.300 379 10/15/2007 SYS 11109 11109 Farmers Bank 09,07/2006 99,000.00 99,000.00 99,000.00 5.650 205 5.650 344 09/10/2007 SY511103 11103 First Federal Bank of Californ 08/16/2006 99,000.00 99,000.00 99,000.00 5.600 219 5.600 319 08i16/2007 57511018 11018 First Enterprise Bank, West Br 02/18/2005 99,000.00 99,000.00 99,000.00 3.750 124 3.750 140 02/18/2007 SYS 11084 11084 First National Bank in Altus 04/20/2006 99,000.00 99,000.00 99,000.00 5.300 199 5.300 386 10/22/2007 SYS11098 11098 First Natl. Bk.of Damariscotta 07/18/2006 99,000,00 99,000.00 99,000.00 5.760 244 5.760 109 01/18/2007 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 94,684.60 95,000.00 4.850 218 4.850 226 05/15/2007 57511063 11058 Forresion State Bank 03/30/2006 99,000.00 99,000.00 99,000,00 5,300 200 5.300 365 10/01/2007 SYS11181 11101 First Regional Bank 08/16/2006 99,000.00 99,000.00 99,000.00 5.510 229 5.510 319 08/1612007 SYS11093 11093 Garden City State Bank 07/03/2005 99,000.00 99,000.00 99,000.00 5.800 193 5.800 459 01/03/2008 57'511032 11033 Georgian Bank 07/11/2005 99,000,00 99,000.00 99,000.00 4.200 200 4.200 283 07/11/2007 SYS11035 11065 The Grange Bank 04/20/2006 99,000.00 99,000.00 99,000.00 5.350 163 5.350 386 10/22/2007 SYS11090 11090 Greatbank Algonquin 05/10/2006 99,000.00 99,000.00 99,000.00 5.300 208 5.300 408 11/13/2007 S7511066 11066 Gwinnett Banking Company 02/07/2006 99,000,00 99,000.00 99,000.00 5.030 259 5,030 129 02;07/2007 SYS1'096 11096 Horne Federal Bank of Hollywood 07/24/2006 99,000.00 99,000.00 99,000.00 5.700 251 5.700 296 07/24/2007 SS11073 11073 Horizon Bank 03/29/2006 99,000.00 99,000.00 99,000.00 5.250 215 5.250 179 03/29/2007 57S11023 11023 International Bank of Chicago 05/16/2005 99,000.00 99,000.00 99,000.00 4,500 274 4.500 227 05/16/2007 57511104 11104 Inter Savings Bank 08/16/2006 99,000.00 99,000.00 99,000.00 5.700 260 5.700 319 08/16/2007 Rini Oslo: 11/0612006 - 10:29 Portfolio CNC CC PM (PRF_PM2) Syrn ept 6.41.2026 apart Ver. 5.0o Certificates of Deposit - Monthly City of National City Portfolio Management Portfolio Details - Investments September 30, 2006 Page 3 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Stated YTM/C Days to Maturity Market Value Book Value Rate S&P 365 Maturity Date SY511060 11060 Jacksonville Bank SYS11043 01/07/2006 99,000.00 99,000.00 99,000.00 S.D00 203 5.000 99 01/08/2007 11043 Lake Country State Bank Lowcountry National Bank 10/03/2005 S YS11019 11019 99,000.00 99,000.00 99,000.00 4.550 180 4,550 2 10/03/2006 02/28/2005 99,000.00 SYS11105 11106 M dtown Bank & Trust Company 99,000.00 99,0.00 3.750 207 3.750 150 02/2812007 SYS 11I044 Millenium Stale Bank of Texas an 044 1 P Y 09/07/2006 99,000.00 99,000.00 99,00000.00 5.600 118 5,500 249 06i0712007 10/13/2005 SY511063 11063 Metropolitan National Bank 99,000.00 99,000.00 99,000.'00 4.600 213 4.600 12 10/13/2006 02r17/2006 Sa'511034 99,000.00 99,000,00 1 I034 Mutual Bank 99,000.00 5.070 159 5.070 142 02/2007 SYS11048 11048 Neighborhood National Bank 07/05/2005 99,000.00 99,000,00 99,000.00 4350 197 4,350 277 07/05/2007 10/07/2005 100,000.00 100,000.00 100,000.00 4,340 SYS11052 11052 Security Pacific Bank (Network 01/20/2006 5.020 6 1/22/2007 SYS 11110 11110 99,000.00 99,000.00 99,000.00 5.020 2 New Cily Bank 09/27/2006 285 5.020 113 01/22/2007 SYS11097 11097 Oceanside Bank 99,000.00 99,000.00 99,000.00 5.500 249 5.500 361 09/27/2007 07/18/2006 99,000,00 99,000.00 90,000.00 5.900 188 5.900 290 07;18/2007 SYS1 1095 11090 Omni National Bank SYS11067 11087 Pinebank, National Association 07/20/2006 09,000.00 99,000.00 99,000,00 5.700 210 5.700 295 07/23/2007 SYS11022 05/11/2006 99,000.00 11022 Pioneer Bank 05/05/2005 99,000.00 99,000.00 99,000.00 5.490 116 5.490 407 11!12/2007 SY511046 99,000.00 99,000.00 4.200 238 4.200 218 05/07/2007 1 1046 Premier Bank of Wilmette 11/25/2005 99,000.00 SYS 11 107 11107 Peoples Stale Bank 99,000.00 99,000.00 4.850 235 4.850 57 11/27/2006 09/13/2006 99,000.00 99,000.00 90,000.00 5.500 193 5.500 716 09,'16,2008 SYS 11088 11088 Rio Bank SYS 110G2 11062 Southern Ban 99,000.00 99,000.00 5.460 93 5.460 407 11i12/2007 k 05/11/2006 99,000.00 02/05/2006 SY511017 11017 Slockmans Bank 99,000,00 99,000.00 99,000.00 5.000 180 5.000 127 02/05/2007 SYS11074 11074 Tennesse Commerce Bank 02/14/2005 99,000.00 99,000.00 99,000.00 3.950 94 3.950 136 02/14/2007 04/13/2006 SYS11047 99,000.00 99,000.00 99,000.00 5.280 74 5.280 197 04r16/2007 11047 Citizens South Bank (Trinity) 11/25/2005 SY511092 99,000.00 99,000.00 99,000.00 4.800 108 4.800 57 11/27/2006 11092 Union Credit Bank 06/20/2006 99,000.00 SYS11094 11094 99,000.00 99,000.00 5.650 242 5.650 445 12/20/2007 Union National Bank of Elgin 07/19/2006 99,000.00 99,000.00 SYS11111 11111 Virginia Commerce Bank 99,000.00 5.770 241 5.770 291 07/19/2007 D9/26/2006 99,000.00 99,000.00 99,000.00 5.550 255 5.550 330 08/27/2007 S Y'S11051 11051 Washington Stale Bank 01/27/2006 SYS11075 11075 West Pointe Bank 99,000.00 99,000.00 99,000.00 5.100 96 5.100 120 01/29/2007 SYSn106504/11/2006 99,000,00 99,000.00 11065 Westsound Bank99,000.00 5.150 231 5.150 192 04/11/2007 02/06/2006 99,000.00 99,000.00 99,000.00 5.040 290 5.040 128 02/06/2007 Subtotal and Average 6,197,000.00 6,230,000,00 6,229,397.70 LAIF 98-37-576 11058 Local Agency investment Fund Negotiable/Transferable CDs 458657EV1 10688 dun Dale_ 11/06/2D06 - 10:29 Subtotal and Average 25,516,861.67 25,670,195,00 6,230,000.00 5.147 260 25,653,134.64 25,670,195.00 4.930 25,670,195,00 25,653,134,64 25,670,195.00 4.930 - 1 Intercredit Bank 04/30/2002 95,000.00 94,733.05 4.930 1 95,000.00 4.900 128 4.900 211 04/30/2007 Portfolio CNC CC PM (PRF_PM2) SymRepl 6.41,202b CUSIP Investment11 Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2006 Purchase Date Par Value Market Value Page 4 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Subtotal and Average 95,000.00 95,000.00 94,733.05 95,000.00 4.900 211 Federal Agency Securities 3128X1DQ7C 31339XTQ7C 31339Y6G2C 31339YFN 7C 31339YPB2C 31339X0N7 31339XQN 7 31339Y6G2 31339YYDBC 31339YVS8C 3133XOAE9C 3133XODE6 3133X0AE9 31339YY08 3133X07B9 3133X1L54C 3133X1L39C 3133X24XGC 3133X23C7 3133X2JS5C 3133X3C84C 3133X3RF2 3133X3',l G5C 3133X46R7C 3133X3WC3C 3133X30S5 3133X4P21C 3133X5FE3C 3133X52E7 3133X4GJ4 3133X5FE3 3133X52E7C 3133X5L46C 3133X5NZ7C 3133X5VR6C 10842 10849 10856 10857 10858 10863 10867 10868 10872 10873 10874 10875 10879 10882 10883 10808 10899 10913 10920 10921 10922 10931 10932 10934 10935 10938 10940 10941 10942 10944 10945 10947 10948 10949 10950 Ru11 Dale. 11/0612006 - 10',29 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 05/28/2003 06/30/2003 07/17/2003 07/24/2003 07/30/2003 07/02/2003 07/02/2003 07/17/2003 08/13/2003 08/14/2003 08/20/2003 08/26/2003 08/20/2003 08/13/2003 08/20/2003 10/30/2003 10/30/2003 11/28/2003 11/26/2003 12/16/2003 01/30/2004 02/26/2004 02/20/2004 02/27(2004 02/27/2004 02/23/2004 03/25/2004 03/30/2004 03/30/2004 03/17/2004 03/30/2004 03/30/2004 04/21/2004 04/22/2004 04/28/2004 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 • 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 98,350.00 98,444.00 98,444.00 98,413.00 98,725.00 98,281.00 98,281.00 98,906.00 98,288.00 98,381.00 99,350.00 98,475.00 99,688,00 98,750,00 99,219.00 98,917.00 98,667.00 99,105.00 99,438.00 99,073.00 99,230.00 99,094.00 99,516.00 99,511.00 98,823.00 99,438.00 98,261.00 98,077.00 98,198.00 99,781.00 99,438.00 98,688.00 98,011.00 97,355.00 99,386.00 100,000.00 100,000.00 99,937.50 99,750.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,937.50 100,000.00 100,000.00 100,000.00 100,000.00 99,900.00 99,375.09 99,562.50 100,000.00 99,812.50 99,937.50 100,000.00 99,937.50 99,750.00 99,937,50 100,000.00 99,937.50 100,000.00 99,937.50 100,000.00 100,000.00 100,000.00 99,562.50 100,000.00 100,000.00 4.000 4.000 4.000 4.000 4.250 3.500 3.500 4.000 4.000 4.000 5.000 4.500 5.000 4,000 4.500 3.750 3.750 4.000 4.000 4.000 3.125 4.000 4.500 2.250 4.000 4.500 4.000 4.500 3.750 4.000 4.500 3.750 3.625 3.500 4,150 AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA 3.440 3.050 3.114 3.204 3.500 2.900 2.900 3.100 3.550 3.300 3,914 3.800 3.900 3.550 3.900 3.522 3.587 3.797 3.750 3.741 3.139 3.727 3.789 2.303 3.714 3.775 3.664 3.750 3.314 3.286 3.750 3.300 3,270 3.340 3.650 605 05/28/2008 638 06/30/200B 655 07/17/2008 662 07/24/2008 668 07/30/2008 640 07/02/2008 640 07/02/2008 655 07/17/2008 682 08,13/2008 683 08/14/2008 689 08/20/2008 695 08/26/2008 689 08/20/2008 682 08/13/2008 689 08/20/2008 760 10/30/2008 760 10/30/2008 789 11/23/2008 787 11/26/2003 807 12/16/2003 852 01/30/2009 1,060 08/26/2009 873 02/20/2009 880 02/27/2009 880 02/27/2009 876 02/23/2009. 906 03/25/2009 911 03/30/2009 911 351 911 911 933 934 940 03/30/2009 09,17/2007 03'30/2009 03/30/2009 04/21/2009 04/22/2009 04/28/2009 Portfolio CNC CC PM (PRF_PM2) SymRepl 6.41.2028 GUST Investment p Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2006 Purchase Date Par Value Market Value Page 5 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Slated Federal Agency Securities 3133X63G0C 3133X6DB9C 3133X6ib1F0 3133X6NQ5 3133X6NP7C 3133X6DYD2C 3133X6NP7 3133X8868 3133X8G23 3133X8GC0 3133X8.106C 3133X8MG4C 3133X8J06 31337AYX97 3133XCMK6 3133XFJH0 313591,1 G31 10051 10952 10955 10961 10964 10965 10966 10987 10994 10995 10996 10997 11003 11020 11036 11086 11061 Federal Home Loan Bank Federal Horne Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Horne Loan Bank Federal Home Loan Bank Federal Hall. Mortgage Assoc. Subtotal and Average 5,596,540.63 04/29/2004 04/30/2004 04/30/2004 05/12/2004 05/12/2004 05/26/2004 05/12/2004 08/26/2004 09/17/2004 09/22/2004 09/23/2004 09/30/2004 09/23/2004 03/28/2005 08/17/2005 05/24/2006 02/24/2006 100,000.00 98,636.00 100,000.00 98,667.00 100,000.00 99,938.00 100,000.00 99,511.00 100,000.00 98,792.00 100,000.00 98,730.00 100,000.00 99,031.00 100,000.00 98,860.00 100,000.00 98,763.00 100,000,00 99,329.00 100,000.00 98,360.00 100,000.00 99,298.00 100,000,00 98,750.00 200,000.00 198,300.00 200, 000.00 199,670.00 200,000.00 199,876.00 200,000.00 199,528.00 99,968.75 99,800.00 100,000.00 99,906.25 100,000.00 99,937.50 100,000.00 100,000.00 100,000.00 100,000.00 99,953.13 100,000.00 99,762.50 200,000.00 199,937.50 200,000.00 200,000.00 5,600,000,00 5,542,044.00 5,596,540.63 4.000 AAA 3.657 941 04/29/2009 4.250 AAA 3.994 942 04/30/2009 4.600 AAA 3.420 29 10/30/2006 3.000 AAA 3.020 954 05/12/2009 3.250 MA 3.250 954 05/12/2009 4.250 AAA 3.714 958 05/26;2009 4.250 AAA 3.950 954 05/12/2009 4.500 AAA 4.050 1,060 08/26;2009 4.500 AAA 4.100 1,082 09/17/2009 5.000 AAA 4.400 1,087 09/2212009 4 250 AAA 3.960 1,088 09/23/2009 5.000 AAA 4.400 1,095 09/3012009 4.250 AAA 4.003 1,088 09/23/2009 4.000 AAA 4.000 270 06/28/2007 4.050 AAA 4.080 47 11/17/200G 5.240 AAA 5.247 327 08(24/2007 5.000 AAA 5.000 327 08/24/2007 3.712 735 Pass Through Securities 3133TGSG5 10637 CalTrust 201-300017-10 Federal Home Loan Mrtgage Corp Subtotal and Average 0.00 11/30/1998 0.00 0.00 0.00 6.000 AAA 6.000 0 01/15/2013 0.00 0.00 0.00 0.000 0 11059 CalTrust Subtotal and Average 2,091,293.23 2,099,506.38 2,099,506.38 2,099,506.38 4.730 2,099,506.38 2,099,506.38 2,099,506.38 4.730 1 4.730 1 Total and Average 39,496,695.53 FunDale -11/0612006-10.29 39,694,701.38 39,618,815,77 39,691,242.01 4.782 146 Portfolio CNC CC PM (PRF_PM2) SymRepl 6.41.2026 City of National City Portfolio Management Interest Earnings Summary September 30, 2006 September 30 Month Ending Fiscal Year To Date Page 1 CD/Coupon/Discount Investments: Interest Collected 41,770.80 132,756.86 Plus Accrued Interest at End of Period 89,383.62 89,383.62 Less Accrued Interest at Beginning of Period ( 85,758.41) ( 87,654.33) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Periods 45,396.01 134,486.15 0.00 0.00 45,396.01 134,486.15 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 243.82 243.82 Less Accrued Interest at Beginning of Period ( 243.82) ( 243.82) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 CashiChecking Accounts: Interest Collected 8,799.80 324,200.66 Plus Accrued Interest at End of Period 42,810.39 42,810.39 Less Accrued Interest at Beginning of Period (-51,641.87) ( 38,984.64) Interest Earned during Period 103,252.06 328,026.41 Total Interest Earned during Period Total Capital Gains or Losses 148,648.07 462,512.56 0.00 0.00 Total Earnings during Period R'. r Dale. 11,03(2006 - 10.31 148,648.07 462,512.56 Portfolio CNC CC PM (PRF PM6) r SymRept 6.41_202t Report Ver. 5.00 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 6, 2007 AGENDA ITEM NO. 11 ITEM TITLE An Ordinance of the City of National City Rezoning certain Parcels of Real Property Pursuant to the Land Use Code from IP-PD to RM-3-PD for an 11.9 Acre Vacant Site between 4th and 8th Streets and between Arcadia Avenue and Burden Drive. (Applicant: Generations Development, LLC.) (Case File No. GP-2006-1/ZC-2006--1) PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this Zone Change at the October 17, 2006 public hearing. The attached Ordinance was on the November 21, 2006 Council agenda, but was continued off calendar for no more than 90 days. It would be appropriate to take action on the Ordinance at this time. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ,C.()0 Adopt Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM PRIVATE INSTITUTIONAL -PLANNED DEVELOPMENT (IP-PD) TO SENIOR CITIZENS' HOUSING -PLANNED DEVELOPMENT (RM-3-PD) FOR AN 11.9 ACRE VACANT SITE BETWEEN 4TH AND 8TH STREETS AND BETWEEN ARCADIA AVENUE AND BURDEN DRIVE APPLICANT: GENERATIONS DEVELOPMENT, LCC CASE FILE NOS. GP-2006-1/ZC-2006-1 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council found that on the basis of any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a Notice of Exemption which addresses both said General Plan amendment and rezoning; and, WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned from Private Institutional -Planned Development (IP-PD) to Senior Citizens' Housing -Planned Development (RM-3- PD): An 11.9 acre vacant site between 4`h and 8th Streets and between Arcadia Avenue and Burden Drive, as described on attached Exhibit A; and Section 3. That a Notice of Exemption was filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this 20th day of February, 2007. RON MORRISON, MAYOR ATTEST: MICHAEL DALLA, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY • EXBIBIT "A" • MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 6, 2007 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council to approve, accept, and record "8 on C" final subdivision map (S-2004-6, CUP-2004-18) PREPARED BY Adam Landa )E:XPLANATION DEPARTMENT Engineering EXT. 4382 Alfonso Reynoso, the owner of "8 on C" subdivision, has submitted a final map for the property located on C Avenue south of 8th Street for the City Council approval, acceptance, and filing with the County of Recorder. The final map consists of 8 lots with 8 townhomes. The Planning Commission, on August 16, 2004, has reviewed and approved the tentative map. The City Council approved the Tentative Map by Resolution No. 2004-179 on September 21, 2004. The Engineering and Planning Department also have approved the final map. There are no street easement dedications on this map. ( Environmental Review N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMEND TION N/A ATTACNM N*c ( Listed Below ) 1. Resolution 2. Subdivision Map Bon Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FINAL SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-6 WHEREAS, at a regular meeting of the City Council held on September 21, 2004, the City Council adopted Resolution No. 2004-179, approving the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street into eight residential Tots, on property generally described as: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimball's Subdivision of 10 Acre Lot 1 on 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. 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the final subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street into eight residential lots, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney OWNERS STATEMENT III HEREBY SIA?F D/q I XC DIRE THE DINERS [Y, OR ARC WTERESt<D IN SUBDIVIDED BY .^qS MAo, ANC lf( Cp✓SEN! TO THE PREPARq R,Oy AND R )N/5 MAP R/f LAND ECOPOq LION OF TRU(STo. /NLESTMENTS [LC A CALIFORNIA Ll4/Tf0 L/AB/(/TY CTM[9ANY OINV5R. A[FOVSO R£YNO50 MEMBER EDGAR HERREN 4ICAIBER OA.'E OATS. ADOLFO A. GALLEGOS. NEMRER OATL: NE/CHBCRNOCV' NAT/DNA[ BANK. A NATIONAL BANKING ASSOC]A RON AS TRUSTEE UNDER DEED LY TRUSTRECORO£D F£BRUARY ZS 1005 AS INSTR(M/ENTN0.. ZOOS-01J>BTJ OF OFI]OAL .RECORDS T//LE STATEOE CAL/FORNIA COUNTYOE SAN p£GO DATE oN B PORE ME. A NOTARYPUBL/C PER50NALL YAPPGARCO _RSO41L, YKNOWN TO ME (OR PR04E0 TOME ON THE BASIS OF SA PSFA T TD BE THE PERSON() NH05E NAA,(5) IS/ARE SUBSCRMEO TO THE MR1W 1NS7RUMENT AND A...KG-OLEO TO ANDNN BY HE�6,n/1(/R 5GNA IURE(5) py O/E/THE EXECUTED >HE 5.0NE 'NSTRUNENT DIE PERSON(SJ. OF THE ENTITY UPON BEHALF OF MI/CN ryE PERSONS) ACTED. EXECU � £M AM5/I.7 ZED MTNFSS MY NANO TED THE INSTRUMENT S/GNAT(/RE' PRINTED NAME OF NOTARY_ PRINCIPAL PLACE OFBUS/NESS NY CO✓M/SSICN EXPIRES ON__ THE S'GNA LURES D THE PAR ITS L /STO BELOW OWNERS OF EASEMENTS PER 00C-UM,NTS NOTED BELOW HALE BEEN UMIYIED UNDER THE PROW5tWS OT SECTIGW 56436 SUBSECTION (0(J) (A)(,) OF THE SUBOINSIOy MAP A, R/E/R INTEREST /5 SUCH 'HAT /T CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURES ARE NOT REO0ZRED BY THE- GOVERNING BOOM. AN EASEMENT OR pGHT OF WAY FOR THE CONSTRUCTION AND MA/NIENANCE OF.Ei LIMES. CANALS OR ADUCDUCTS TO M.MBALL BROTHERS WATER COMPANY. RECORDED /N ROOK X PAGE /N OF DEEDS. ON 6/S/Ig69 THEWIER£S7 OE 5A10 CRANTEE!N A,ND TO 5A!O EASEMEN)HAS 5/NCEPASSEO ANC NOW VESTS OF RECORD !N THE CALKORN/A WA% R ANO'EL(PNONE COMPANY. A 005/10RAT/ON CJ & ASSOCIATES (6/9) 595-80T9 ?I! CHURCH AYENU( SUITE q; CHULA VISTA. CA ON LEGAL DESCR/PT/ONSENo s_an _6 BEING A SUBDIVISION OF LOTS 1,5.6 AND )AND THE NORTHERLY ID FEET OF LOTS AND THAT PORTION THER5fls (1NOMITITHE SOUTHERL YJFEEFlO INCHES OF THE NORDLERL r /JFf6T10 INCHES OF THE EASTERLY 00 FEETZ INCHES OF SAID LOT B, NSW, • OF W.C. K/4BALL 5 SUBDIVISION OF ID ACRE LOT 1 /N QUARTER SEChOM 1510E RANCHO DC (A NAC'/DN IN THE CITY OFN(DONAL CITY COUNT 1'0F SAN DIEGO, STATE 0-CALIFORNIA ACCOPL6NG TO MAP THEREOF NO 1/4 f][EO /N 1HE OFFICE OF THE COUNTY' RECORDER OF SAN 0500 COUNTY MARCH ID /BBJ SUBOLNSIT GUA1.,'" BYLANDAMER/CA SOUR/LAND TILE CQNPANY ORDER NUMBER .563Jjjj6 OATEO EEBRUARYZI, ]LTOT STATE OF CALIFORNIA COUNTY OF SAND.EGO q✓ BEFORE ME. ANOTARYp,/gL/C PERSONAL YAPPEARED PERSONALLY KNOW/ TO MC (OR PROYEO TO ME ON THE BASIS OF SA TISFACIDRYEVIDEND() TO BE THE PERSONS/ WHOSE NAME(5) IS/ARE SUBSCRIBED TO THE MTHW INSTRUMENT AND ACKNOMEOGEO TO ME THAI HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHOR/WED OR PDK EN(DT r LARD'HAT BY HIS/HER/THEIR SIGNATURC(S) ON THE INSTRUMENT THE PERSON(Sf. BfNA(F Car M//CW THEPERSON(S) ACTED EXECUTED )HE INSTRUMENT WTNESS MY HAND SKNAIURE.. PRINTED NAME OF NOTARY_ PRINCIPAL PLACE L±BL'SINE55 MV [OMM/SSKN EXPIRES ON STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON BEFORE ME. PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROLED TO ME ON THE BASIS 0 SATISFACTORY ENOCNC() TO SC THE PERSTO ON(S) M/OSE NAME(S) (5/ARC SUBSCRIBED f0 THE MR/N INSTRUMENT AND ACX O4t EDGE AND ME !HAT Y H6 E/5-Y EXECUTED THE SAME IN HIS/HER/THEM AUTHORIZED OR THE ENTITY UPON BEHALF O LCH THE PERSCW SI(ACTED ETEC, EO THE WS)RUTEHT. Si ON THE INSTRUMENT THE Pf.PSLW(SJ, WITNESS MY HANG SIGNATURE PRM/TED NAME CY NOTARY PM./PAP PLACE 0-BUSINESS NY CDMMe55/OV Ex%RE5 ON A NOTARY PURL/C C/TY'S CLERK CERT/F/CA TE M; ROV MORRISOy NAYOW AND MICHAEL R DILL A CTY CLERK OF NATIONAL CIT).; CALIFORNIA, HEREBY CERTIFY .MAT THE CITY COUNCIL HAS APPROVED THIS MAP ON BY RESLW /ION NO Br_ RO DATE BY AI/CHAR OAIF MAP NO. SHEET 1 OF3 SHEETS SUR VEYOR S CERT/F/CA TE Dk5 MAP WAS PREPARED sr OR UNDER Al, D/RECDON AND /S BASED UPON A F/ECO SURIEYIN CONFORMANCE LOCAL ORDINANCES AT THE RELX/EST Or ALFONSO REMOSO, IN MAY . Pe ANO NE THEREON. ARC OP NE CHARACTER INDICATED AND LC'CUPY LWANACIER AN MILL LL SET AOTHER OF THEO AT POSITIONS /NO'CA40 Br THE (Ea. AV S MAP MTHAV JO DAYS AFTER THE OAR' UPON *WV DL/S MAP I5 F5E0 MIN THE ABLLE THE SURI4, TO BEUCH REMA SEE LEGEND SH(5/12)410NLINENTS ARE OR KC BE ENT / //EREyY STATE THAT THK FN✓AL MAP SUBSTANBALLY CONFONIS TO THE 4'AW01f9 OP CCWO/DORALLY APPROKD TENTADL{ MAP, K ANY JO HN Al JANUSZEASYI C 5 5456, DAIS 4Y RE0S/RA DON EXP/Rf5 9-30-200B CITY E,NG/NEER S STATE/WEN?- , STATE THAY THE I EXAM/NfD TH/54AP. THAT THE SUBDINS/LAN/S APBROt9DAL?£RA SAME AS/I APPEARED ON DIE TENTATIVE MAP AND ANY SUBDINS/ON MAP ACAS D.-RE.: THAT ALL THE PROWS/MS OFRe STATE )FIE MUMCMAL COOS OC THE CIT FNA O`CK IT. NENOED.AND THEOVAL CITIY HAVE BEEN GLMLykTj M(N. BY STEPHEN4 KMARATRKK CITY ENGINEER P.C.( 53T67 FYP 06-JD_07 OAIf I AM SADFKD THAT IRIS MAP IS TECHNICALLY CORRECT BY_ L. 5 S OEx 09-JO-OB TAX COL LECTOR' ERT/F/GATE I. T//OMAS,L PASTUSZKA. CLERK CY IH SUPERVISORS OCTNE CO/NTYOE SAND/EGO CALIFORNIA OE HEREBY CCRTKY THAT OFROSDIMP ACT 7: OF D. NSIONSOCTHf OOCI SYOV MAP (DIVISION Z. DHE A AMENDED 'RNARDING OF/ O� ME STATE TAXES N (RN/A ASAMENDED.REGARO/.VG(.JO LIENS FORFOR TAPES AND (D.J CfR COUNTY; MUNICIPAL LY THE LOCAL TAXES EXC THO L/ 507 STATE COUNTY, MUN/CIPAf OR 1pu j(TAXES EXCEPT /HOSE NOT YET PAYABLE, HAVE BECK C[WPflED MTF/, D/OVASJ PASTUSZKA CLERK OF DIE BOARDS OF SUPERVISORS BY. DEPUTY ----- DATE RECORDERS CERT/F/CA TE FILENO FKEO D//S DAY CY IN BOON OFMAPS A • 100EAT AT AT ME RCCM/ESt O'.K^LNAI. ,/A.NUs1fM5r/ CR{f cam'rRfCCMDER DEPUTY COUNT rRECORDER EEJ1>DO BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP /5 THE CALIFORNIA COOROINAI£ SYSTEM (CCS) (20NE 6) OF ME NORTH AMERICAN DATUM OF 1953 (NA0B3) GRID BEARING BETWEEN STADON NO 7232 AND STAT/CN NO 1212. OF INC CITY OF SAN DLEGO HORIZONTAL CONTROL NETWORK AS SA10 VALUES ARE PUBLISHED IN RECO. 0' SURYEY NO 11192, ON FILE WfR/ THE CCIINTY R£CORLXR OF 5A10 SAN PI£GO COUNTY N 5573527 E OUOTEO BEARINGS FRGM REFERENCE MAP/O£E05 MAY OR MAY NOT 8( IN TERMS OF SAID 5Y5D-M ALL 05TANC£5 SHOWN ARE GROUND DISTANCE GRID DISTANCE A GROUND DISTANCE A COMBINED SCALE FACTOR IHC COMBINCO SCALE FACTOR FACTOR AT STATION NO 1242 I5 T.0000/94 PEN R O S NO 11122 LEGEND INOICAT£5 FOUND LEAD & TACX PER ROS IIJJ • UNLESS OTHERWISE NOT°. INDICATES 20UN0 STANDARD CENTERLINE CONCRETE WELL MPVUM[NI NO RECORD, UNLESS OTHERWSE NOTED INO/CATES AWL SCT 2" X 24- IRON PIPE TRIM BRASS DISC STAMPED L.5 5456 INDICATES RECORD iNFOPMAPCN PER MAP 105 INDICATES R£CCRD /N7ORNA DON PER RECORD OF SURIEY MAP NO 1L33 0 (i l UNPLOTTA©LE EASEMENTS AN EASEMENT OR RIGHT O£ WAY FOR WIC CONSTRUCTIO// ANC MAINTENANCE Of FLUMES CANALS CR AOULTOUCTS CCN12-2f0 BY DEED FROM FRANK A. TOMBALL AND WARREN CORPCRADON DATED .R/N7 9. 1669 AND RECCROEJ IN BOON 2 PAGE 124 OF DEEDS INC INTEREST IN SAID GRANTEE iN ANC TO SAID EASEMENT HAS SINCE PASSf0 TO AND NOW 14-STS OF ANO TELEPHONE COMPANY.ACCALIFORNIACORD IN NE WATER CORPORATION THE EXACT LOCAT/LW ANO EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECO. PT A II 05 MAP NO. SHEET 2 OF 3 SHEETS FOUNC LEAD & LACK, NO RECORD OA/C / 11 1 \\✓ Sri - 06. `66>-8 - •2l E _n.00 i2 \ \ /N 7 7.,v FIXING 25' BRASS 05AIN/ PUNCH IN WELL MOW STANPCO 266 1977 FUND 25 BRASS 015K av WELL MON ILLEGIBLE IN THE NORTHEAST 5IOC 1N THE CENTER OF EULLD AY£. AND BIN STREET, PO4NT /i212 PER 805 14492 N 1829211.99 E 650555O50 MONUMENTA TION NOTE. ALL INTERMEDIATE LOT CORNERS MILL Of MONUMENTED BYE/R/ER J/C IRON PP( W/DISC STAMPED 2.5 3I56 CR LOAD d' p5C5 STAMPED 0 Y.5 5155' __CdC 1' 05 TIE TO NAD 83 90 SCALE FOUND 25"BRA55 D/SR IN WELL MON. STAMPED %SCE 22299' N OM CENIOR P E ROS I119(ET AND HOOVER A I-f. POINT N /824025.11 f 6298I2269 163 0Ai n •2DI d9 E E1 ERE355'' \C - N 129t A9 GRAPHIC SCALE ( IW FWT 1 1 Inch ^ 54 It F0UN0 2 ST BRASS DISK W/PUNCN IN WELL NON STAMPED T365 1922 PLAZA FOUND 2 5T BRASS DIY, W/PUNCH // IN Wftt MON STAMPED 354 1977" LEVARD u & ASSOCIATES (619) 585-8078 :!T CHURCH AKNUC, SuIT£A'. CHULA NSTA, CA. M1O Y I 0 ,$" 41120105 E llSs5" 5989' LOT2 1,91/ San GROSS N7202'05 E 81.IJ N175755' 191 64.39" LOTS SOFT GROSS �! Nlzn11905F 6A64' LOT4 1, 764 Sp F/ GROSS Ig N120105£81. J0' 61. 71' I a 1508 SO, GROSS N71111'055' 87Jl' 6E 80' 4150 SOFT CROSS N1)Y5'I9'WJB2' LOT 6 7101'48E 45 k/A P NO. 8TH STREET 55 66' 1.SS8 SO, GROSS N 202'D LOT 7 : u .1.770• ! J1 EJ' �R 710103" Eu JAJ9' v11750,1- �I 2 O 9J' 1 v 4 5 N 4 ;Lora. w /.81/ SO, �! coos". �Twan1'05T 178' N72 E1 "E ' I N1751.04' 3W Joe' 41 LOT 7 90J SOF/ 5 GROSS JA09' - N 720/'/8 'E 1022 GRAPHIC SCALE x FIT / I Inch - 20 x EASEMENT DE TA/L S. PR/VA/E ACCESS AND 91,014 £ASEKNJ RESERKD HEREON LOT2 \ N720750'E165 282' LOT 3 N LOT4 72, tll LOT5 LOT6 LOT 7 7178587E .N.4J' P 1102057E J(J9' N12'1509'E "I �J09J' -1 { 2 2 �.0 4 Ie LOT8 va N7201. J AJ' /8N1152'755 N72n105 JAJ' LOT 7 N 71 n1'A9"E 16104' 0610A 9TH STREET SHEET 3 OF 3 SHEETS LLI RESTED IN THE LAND 70N AND RECORDA T1ON OF COMPANY, OWNER, v AS TRUSTEE UNDER 2006 — 01.3787J OF CASE NO S-2004-6 LEGAL DESCRIPTION BEING A SUBDIVISION OF LOTS 4, 5, 6 AND 7 AND THE NOR THERL Y '0 FEET OF LOT B AND THAT PORTION THEREOF LYING N?TH/N THE SOUTHERLY J FEET 70 INCHES OF THE NORTHERLY IJ FEET 10 INCHES OF THE EASTERLY 70 FEET 2 INCHES OF SAID LOT 8, IN BLOCK 4 OF WC .KMBALL S SUSOMSION OF 10 ACRE LOT 1 IN QUARTER SECTION 154 OF RANCHO DE LA NAC10N, /A/ T.HE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE Or CALIFORNIA, ACCORD/NC ,TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COONT Y MARCH /0, 1867 SUED/NSiON GUARANTEE BYLANDAMER/CA SOUTNLAND TITLE C04!PANV ORDER NUMBER J63J7846 DATED FEBRUARY 21, 2007 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON ' BEFORE ME, A NOTARY PUBLIC PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORYEVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN /NSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(/ES), AND THAT BYHIS/'-ER/TH£IR SIGNATURE(5) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT WITNESS M Y HAND MAP NC SUR VE - ?P 'S CEP Tlf THIS MAP WA C PREPARED BY ME OR A FIELD SURVEY IN CONFORMANCE Wl TH LOCAL ORDINANCES AT THE REOUEST 2006, AND THE MONUMENTS ARE OF TH THE POSITION SHOWN THEREON / W7L CHARACTER AVD AT POSITIONS IND/CA INNTH/N JO DA 'YS AFTER THE DATE UPL COUNTY RECCRDER. AND ALL SUCH Mc TO ENABLE T'-'E SURREY TO BE RETRA 1 HEREBY STA TE THAT THIS FINAL UAI THE APPROVED) OR CONDITIONALLY AP, JOHN M JANCISZEWSK/ L. S 5456 MY REGISTRAT0N EXPIRES 9—J0-2008 CITY EVG/NEER'S Si I STATE THAT .HAVE EXAMINED THIS MAf SUBSTANTIAL; Y THE SAME AS IT APPEAR APPROVED AL TRA AONS THEREOF- THAT SURD/VS/ON PAP ACT OF THE STATE OF MUNICIPAL CODE OF Tv— "ITV OF NA T/ON, SIGNA TURF BY City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 06, 2007 AGENDA ITEM NO. 13 il-TEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 02/08/07 THROUGH 02/21/07 OF $238,282 PREPARED BY Associate Accountant 619-336-4269 EXPLANATION Margarita Garcia See attached report. DEPARTMEN CDC— Finance Environmental Review V N/A Approved by: Financial Statement Tess Li fuee°, inance Director Total expenditures for the period of 02/08/07 THROUGH 02/21/07 amount to $238,282. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 02/08/07 through 02/21/07 A-200 (9/80) FOR MEETING OF MARCH 6, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 02/08/07.02/21/07 Chk No Amount CDC CHRISTENSEN SCHWERDTFEGER CORNERSTONE CONSULTINGS ESTRADA LAND PLANNING FEDERAL EXPRESS GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES HEALEY CONSTRUCTION CO. INTERNATIONAL COUNCIL OF SHOPPING KEYSER MARSTON ASSOCIATES, INC KLEINFELDER, INC. LAND AMERICA COMMONWEALTH MAYER REPROGRAPHICS, INC. MORELAND & ASSOCIATES, INC. NEW CITY AMERICA, INC. SAN DIEGO COUNTY VECTOR SAN DIEGO GAS & ELECTRIC SWEETWATER AUTHORITY CALIFORNIA DOWNTOWN ASSOC. CORPORATE EXPRESS INC LIPMAN STEVENS & THENE, INC. NALGEP PMC PUBLIC EMPLOYEES' RET. SYSTEM PURCHASE POWER STATE COMPENSATION INSURANCE CDBG COMMUNITY YOUTH ATHLETICS HOUSING ASSISTANCE PAYMENTS ATANGAN, NORMITA EMPLOYMENT DEVELOPMENT DEPT. GMAC MORTGAGE NATIONAL CITY COLLABORATIVE PURCHASE POWER STATE COMPENSATION INSURANCE MINJS"STRA IVF RE OI PiCr T U PAYROLL LEGAL SERVICES PURPLE COW NC BLVD 7TH TO 12TH ST IMPROVEMENTS HIGHLAND AVE - 99CENT STORE COURIER SERVICE PERESIC DESIGN ENVIRONMENTAL CONSULTING ENGINEERING SERVICES FOODLAND FOODLAND MARKET IMPROVEMENT CTRS MEMBERSHIP RENEWAL ANGELA NAZARENO PROFESSIONAL SERVICE PROFESSIONAL SERVICES FOODLAND MARKET TITLE REPORT FEE PROFESSIONAL SERVICES FINANCIAL CONSULTING SERVICES PBII) FOR HIGHLAND AVE MOSQUITO & VECTOR CONTROL ASSESSMT-7/1/06-6/30/07 UTILITIES - 929 NC BLVD. UTILITIES - PLAYHOUSE ON PLAZA MEMBERSHIP FOR BRAD RAULSTON OFFICE SUPPLIES APPRAISAL FEE MEMBERSHIP- P. BEARD PROFESSIONAL SERVICES 0720063 SERVICE PERIOD -EMPLOYER RATE CHANGE SUPPLIES FOR THE STAMP MACHINE WORKERS' COMPENSATION INSURANCE SUBTOTAL -CDC: CDBG CLAIM FOR JAN 20007 SUBTOTAL - CDBG: TOTAL -GENERAL FUND: MANUAL PAYMENTS REIMBURSEMENT FOR COST OF S81099 ENVELOPES EMPLOYMENT VERIFICATION ABSTRACT FOR S8 SEC 8 ELECTRICITY CHARGE DEC 06 & JAN 07 S8 FSS ADMIN JUL & SEP 2006 SUPPLIES FOR THE STAMP MACHINE WORKERS' COMPENSATION INSURANCE TOTAL - SECTION 8: lw ^pax xv �v �. �� p A `;?It s;,. 5,xt;a � I 'i, PPE 02/12/2007 TOTAL -ADMINISTRATIVE REVOLVING FUND: 16828 $4,196.25 16829 2,480.87 16830 1,560.00 16831 83.43 16832 3,457.80 16833 3,975.00 16834 47,360.75 16835 150.00 16836 1,911.15 16837 2,022.50 16838 425.00 16839 662.93 16840 6,077.25 16841 5,735.73 16842 152.64 16843. 173.11 16844 63.59 16845 300.00 16847 710.01 16848 1,500.00 16849 225.00 16850 12,949.11 16851 949.42 16852 1,069.28 16853 6,508.06 $104,698.88 16846 $1,666.67 10316 10317 10318 10319 10320 10321 $1,666.67 $106,365.55 $30,525.71 130.39 3.11 373.12 8,809.52 1,069.28 1,319.82 $42,230.95 Allah $89,685.43 $89,685.43 TOTAL OF ALL FUNDS: $238,281.93 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 AGENDA ITEM NO. 14 ITEM TITLE A resolution approving an agreement with Rick Engineering Company for engineering related to necessary improvements to :ay Marina Drive not to exceed $43.650. air9) PREPARED BY DEPARTMENT #' Patricia Beard (ext 4255) Redevelopment Manager f Community Development Commission EXPLANATION The CDC and Marina Gateway Development Company, LLC are completing assigned responsibilities of a Disposition and Development Agreement ("DDA") to develop the Marina Gateway Hotel and Commercial Project on 6.5 acres at 2501 and 2510 Cleveland Avenue. One of CDC's responsibilities prior to building permits being issued for the project is to obtain a Coastal Development Permit ("CDP") to construct improvements to Bay Marina Drive required by the Harbor District Specific Area Plan ("HDSAP"). The road improvements must be constructed prior to an occupancy permit being issued for the project. The proposed contract is additional to two contracts previously in place for design of the Bay Marina Drive project. The scope of work would provide an updated traffic study, being required by Caltrans prior to issuance of the CDP as well as a Caltrans encroachment permit required to actually construct the improvements. Environmental Review The Bay Marina Drive improvement was analyzed per the California Environmental Quality Act as part of the Certified Environmental Impact Report for HDSAP. Financial Statement This contract will cost $43,650. Total cost for design of the Bay Marina Drive improvements, including this proposed scope of work, is now�,estimated at $156,130. '"f ggh: Q7t9 A frur+� Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Proposed Agreement with Rick Engineering Company Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH RICK ENGINEERING COMPANY FOR ENGINEERING SERVICES RELATED TO NECESSARY IMPROVEMENTS TO BAY MARINA DRIVE, NOT TO EXCEED $43,650 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan, including the development of the Marina Gateway mixed use complex in the National City Harbor District; and WHEREAS, the CDC desires to employ a contractor to complete engineering related to necessary improvements to Bay Marina Drive to support the Marina Gateway complex development; and WHEREAS, the widening and necessary improvements for Bay Marina Drive were required by and analyzed in the Certified Environmental Impact Report for the Harbor District Specific Area Plan; and WHEREAS, the CDC has determined that Rick Engineering Company is a registered civil engineering firm that is qualified by experience and ability to provide engineering services for this project. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Agreement with Rick Engineering Company for engineering related to improvements to Bay Marina Drive, not to exceed $43,650. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF NATIONAL CITY ) I, Brad Raulston, Secretary of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2007-xx was adopted at a regular meeting of the Community Development Commission of National City held on March 6, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brad Raulston, Executive Director -2- AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND RICK ENGINEERING COMPANY THIS AGREEMENT is entered into this 6th day of March, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and RICK ENGINEERING COMPANY (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide engineering services related to improvements to Bay Marina Drive. WHEREAS, the CDC has determined that the CONTRACTOR is a civil engineering firm qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings required to complete the scope of work cited in Exhibit "A" to keep staff and the Community Development Commission advised of the progress on the project. All necessary tasks to complete the updated traffic study ("2030") per Caltrans will be completed by April 23, 2007. The permit application for the Caltrans encroachment permit shall be submitted to Caltrans no later than May 1, 2007. This date may be extended depending on the results of the traffic study and resulting redesign if required. Revised August 2005 In the case such an extension is needed, written authorization of the Executive Director shall be required. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor theprogress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. John Goddard thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth herein in Section 2 of this Agreement. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for this Project; whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the 2 Revised August 2005 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CDC nor its. officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. Revised August 2005 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and Federal statutes and regulations, and all •applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out'of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or 4 Revised August 2005 medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable 5 Revised August 2005 attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreementshall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party ment. 6 Revised August 2005 arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing it is stipulated that attorney's fees incurred in the prosecution or defense of the actionparty, or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense 'of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California; in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for,and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 7 Revised August 2005 E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand', direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950 To the CONTRACTOR: John Goddard, Associate Principal Rick Engineering Company 5620 Friars Road San Diego CA 92110-2596 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or 8 Revised August 2005 material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner onforms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, eachof which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Revised August 2005 I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT RICK ENGINEERING COMPANY) OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III CDC Legal Counsel (Corporation — signatures of two corporate officers) (Partnership — one sign: ure) (Sole propr.,:iet— on= ignatu) ' By: � L� n Go• ard' > � t� o Q (Assoc ate Principal) i By: ,—a- /i (Name),44 t ,^''2•2__ LCE fgES (Title) II 10 Revised August 2005 TM RICK ENGINEERING COMPANY Exhibit "A" February 27, 2007 Ms. Patricia Beard Community Development Commission, City of National City 1243 National City Boulevard National City, California 91950 SUBJECT: PROPOSAL FOR BAY MARINA DRIVE WIDENING (RICK ENGINEERING COMPANY JOB NUMBER 12861-L) Dear Pat: At your request, we are pleased to provide you with this proposalto provide engineering support services for the subject project. We propose to furnish the following services for the compensation listed below. SCOPE OF WORK I. Encroachment Permit (Phase 117.1) A. Provide engineering support to coordinate with Caltrans regarding the filing of a new encroachment permit for the subject project due to the expiration of the existing permit. B. Provide engineering design services to update grading/improvement plans to current Caltrans Standard Plans and Specifications. C. Provide engineering design services to update drainage study to current Caltrans drainage design criteria. D. Provide engineering services to update bid documents within the Caltrans right-of- way due to plan revisions. E. Provide engineering services to process of plans through Caltrans. 5620 Friars Road • San Diego, California 92110-2596 • (619) 291-0707 • FAX: (619) 291-4165 • rickengineering-com SAN DIEGO RIVERSIDE ORANGE SACRAMENTO PHOENIX TUCSON Ms. Patricia Beard February 27, 2007 Page 2 of 8 H. Signal Modification Plan Preparation (Phase 62.1) Rick Engineering Company will design the signal modification per standards mentioned in the California Manual of Uniform traffic Control Devices (MUTCD). The traffic signal modification plan will be prepared on 24." x 36" sheet at a scale of 1"=20'. A striping plan will be prepared on a 24" x 36" sheet at a scale of 1"=40'. It is anticipated that the plan set will involve two sheets: a traffic signal modification plan and a signing/striping plan. Upon final approval of the plans, 24" x 36" mylar sheets, stamped and signed by a State of California Registered Civil Engineer will be provided to the City of National City. III. Traffic Study (Phase 62.2) Pursuant to the January 4, 2007, letter from the City of National City Planning Department regarding the Bay Marina Drive Widening Project, Case CDP 2006-1, the following outlines the scope of work to provide an updated traffic study for the above - referenced project. The previous studies were conducted in 1999. The updated study proposes to analyze Bay Marina Drive between Tidelands Avenue and Interstate 5 with current 2007 traffic volumes and year 2030 buildout traffic volumes. A. Data Collection 1. Obtain and review relevant traffic studieslElRs within the project area from the City of National City/Caltrans records, including the 24th Street Widening Project Transportation Analysis prepared in 1999. 2. Verify existing site data in terms of surrounding street system, parking and traffic control type at the project area intersections. 3. Conduct existing AM/PM peak hour turning movement counts at the following intersections: • Bay Marina Drive / Tidelands Avenue • Bay Manna Drive / Haffly Avenue • Bay Marina Drive / Marina Way • Bay Marina Drive / Cleveland Avenue • Bay Marina Drive / I-5 Southbound Ramps • Bay Marina Drive / I-5 Northbound Ramps • Bay Marina Drive / Wilson Avenue 13 Ms. Patricia Beard February 27, 2007 Page3of8 4. Conduct 7-day, 24-hour machine counts at the following locations: • Bay Marina Drive, west of Tidelands Avenue • Bay Marina Drive, between Tidelands Avenue & Marina Way • Bay Marina Drive, between Marina Way & Cleveland Avenue • Bay Marina Drive, between Cleveland Avenue & I-5 • Bay Marina Drive, between 1-5 & Wilson Avenue • Tidelands Avenue, north of Bay Marina Drive • Tidelands Avenue, south of Bay Marina Drive • Marina Way, south of Bay Marina Drive • Cleveland Avenue, north of Bay Marina Drive 5. Obtain projected future traffic volumes for intersections and roadways within the project area from City of National City, Caltrans records and/or relevant traffic studies. 6. Obtain future roadway and intersection geometries for the facilities within the project area from City of National City, Caltrans records and/or relevant traffic studies. 7. Obtain a 2030 Transportation Forecast within the immediate project area from SANDAG. Coordinate with City of National City staff to verify project area land use assumptions in 2030. B. Traffic Analysis 1. Existing Conditions (a) Conduct an existing AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. (b) Conduct existing AM/PM peak hour Intersecting Lane Vehicle (II,V) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct an existing daily street segment analysis at the study roadway using the City of National City Street Design Standards. 2. Buildout (2030) (a) Perform 2030 AM/PM peak hour intersection analysis at the study intersections using the 2000 Highway Capacity Manual (HCM) Ms. Patricia Beard February 27, 2007 Page 4 of 8 (b) methodologies. Analysis will account for vehicle, truck, bicycle and pedestrian traffic. Perform 2030 AM/PM peak hour Intersecting Lane Vehicle (ILV) calculations at the Bay Marina Drive / I-5 interchange using the Caltrans Highway Design Manual methodologies. (c) Conduct a 2030 daily street segment analysis at the, study roadways using the City of National City Street Design Standards. C. Traffic Analysis Report 1. Prepare a draft traffic analysis report with required text,tables, exhibits and analysis calculations for City/Caltrans review. 2. Prepare a final traffic analysis report based upon City/Caltrans editorial comments and resubmit. Meetings 1. Attend meetings at Client's request to present to review traffic analysis results, issues or City comments (not to exceed 6 hours without further authorization). D. FEE Our fee for the above -described work would be on a time Schedule of Hourly Rates (attached) not to exceed the authorization. For progress billing purposes, the labor fee I. Encroachment Permit (Time & Materials, Not to Exceed) H. Signal Modification Plan Preparation (Time & Materials, Not to Exceed) III. Traffic Study (Time & Materials, Not to Exceed) A. Data Collection B. Traffic Analysis C. Traffic Analysis Report and materials basis per our current amount shown without your prior shall be divided as follows: $ 17,000.00 $ 9,500.00 $ 1,800.00 $ 6,000.00 $ 2,000.00 Ms. Patricia Beard February 27, 2007 Page 5 of 8 D. Meetings $ 850.00 Traffic -Related Direct Expenses • AM/PM Intersection Counts $ 1,600.00 • 7-Day, 24-Hour Intersection Count $ 3,400.00 • 2030 Transportation Model $ 1.500.00 Total: $ 43,650.00 EXCEPTIONS Not included in either the above scope of work or fee are services which may be necessary for the following items: 1. Changes in the scope of work directed and authorized by the Client, in writing, after the start of work. 2. Environmental work of any nature. 3. Inspection services. 4. Job site safety services. 5. Preparation of a Post -Construction Storm Water Operation and Management Plan. 6. Pre-, Post- and During Storm Event Inspections. (It is assumed that the superintendent will perform these inspections/reports.) 7. Meetings or consultation outside the above scope of work. 8. Collection of storm water samples. 9. Selection of, and coordination with analytical laboratory other than as specifically set forth above. 10. Amendments based upon new guidance or interpretation of regulations. 11. Soils engineering services. 12. Preparation of revisions to landscape and/or irrigation plans. Ms. Patricia Beard February 27, 2007 Page 6 of 8 13. Preparation of revisions to electrical plans. 14. Construction adminstation for landscaping and irrigation and electrical plans. 15. As -built preparation. 16. Construction staking. Any printing and miscellaneous processing fees are extra and not a part of this agreement. Also not included are any items not specifically referred to above. Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client's office. If notice is delayed for any reason beyond sixty (60) days, it is understood by the parties that the terms and conditions contained herein are subject to revision. If you would like us to proceed on this work as outlined above, we ask that you please sign and return this agreement as our written authorization. If you have any questions regarding this agreement, please contact either Reiggie Marientes or me directly. Thank you for requesting Rick Engineering Company to provide these services. Sincerel INEE ohn D. Goddard, Jr. sociate Principal RCE 33037 JDG:CSH:sr:K:Proposals\Marina Drive Widening (12861-L) Attachments APPROVED BY: Signature Date RICK ENGINEERING COMPANY Page 7 of 8 Hourly Rates - California Offices February 24, 2007 - August 27, 2007 ENGINEERING Principal Consultant (Special Projects) $175.00 Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engineer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Engineering Designer 102.00 Associate Engineering Designer 97.00 Assistant Engineering Designer 92.00 Principal Engineering Drafter 84.00 Associate Engineering Drafter 77.00 Assistant Engineering Drafter 69.00 CONSTRUCTION MANAGEMENT Principal 160.00 • Associate Principal 150.00 Associate/Manager 140.00 Principal Construction Engineer/Manager 125.00 Associate Construction Engineer/Manager 120.00 Assistant Construction Engineer/Manager 110.00 Principal Construction Technician 102.00 Associate Construction Technician 97.00 Assistant Construction Technician 92.00 TRANSPORTATION Principal • 160.00 Associate Principal 150.00 Principal Transportation Engineer 125.00 Associate Transportation Engineer 120.00 Assistant Transportation Engineer 110.00 Principal Transportation Designer 102.00 Associate Transportation Designer 97.00 Assistant Transportation Designer 92.00 PLANNING Principal 160.00 Associate Principal 150.00 Director of Planning 140.00 Principal Project Planner 140.00 Senior Project Planner 120.00 Assistant Project Planner 110.00 Senior Planner 102.00 Associate Planner 97.00 Assistant Planner 92.00 Senior Planning Technician 84.00 Associate Planning Technician 77.00 Assistant Planning Technician 69.00 Planning Assistant 55.00 WATER RESOURCES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Project Engineer/Manager 125.00 Associate Project Engineer/Manager 120.00 Assistant Project Engineer/Manager 110.00 Principal Water Resources Designer 102.00 Associate Water Resources Designer 97.00 Assistant Water Resources Designer 92.00 LANDSCAPE ARCHITECTURE Principal $150.00 Associate Landscape Architect 135.00 Principal Project Landscape Architect/Manager120.00 Associate Project landscape Architect/Manager 110.00 Assistant Project Landscape Architect/Manager -100.00 Principal Irrigation Designer 110.00 Principal Landscape Designer 92.00 Associate Landscape Designer 87.00 Assistant Landscape Designer 82.00 Principal Landscape Drafter 71.00 Associate Landscape Drafter 66.00 Assistant Landscape Drafter 60.00 ENVIRONMENTAL SERVICES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal Environmental Project Manager 125.00 Associate Environmental Project Manager 120.00 Assistant Environmental Project Manager 110.00 Principal Environmental Specialist 102.00 Associate Environmental Specialist 97.00 Assistant Environmental Specialist 92.00 Environmental Technician 69.00 FORENSIC SERVICES Expert Witness 300.00 Court Appearance per half day or part 1,200.00 Principal Consultant 175.00 Associate Principal 150.00 Associate/Manager 140.00 PHOTOGRAMMETRY Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Photogrammetry Supervisor 130.00 Principal Photogrammetrist 100.00 Associate Photogrammetrist 90.00 Assistant Photogrammetrist 88.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. RICK ENGINEERING COMPANY Hourly Rates — California Offices February 24, 2007 — August 27, 2007 GIS SERVICES Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Principal GIS Analyst 100.00 Associate GIS Analyst 95.00 Assistant GIS Analyst 88.00 Principal Computer Graphics Editor 83.00 Associate Computer Graphics Editor 78.00 Assistant Computer Graphics Editor 68.00 SURVEYING Principal 160.00 Associate Principal 150.00 Associate/Manager 140.00 Field Supervisor 125.00 One -person Survey Party 110.00 Two -person Survey Party 190.00 Three -person Survey Party 250.00 Prevailing wage rates for Survey Parties slightly higher. MAPPING/COMPUTING Principal Associate Principal Associate/Manager Computing & Mapping Director Principal Survey Analyst Associate Survey Analyst Assistant Survey Analyst 85.00 GPS Pre-planning/Post-processing 115.00 GPS Survey Party 80.00/person/hour 160.00 150.00 140.00 125.00 115.00 100.00 ADMINISTRATIVE SERVICES Associate Project Administrator 55.00 Assistant Project Administrator 38.00 Administrative Assistant 55.00 When authorized, overtime shall be charged at the listed rates times 1.3. Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses. A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services. /9 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 AGENDA ITEM NO. 15 ITEM TITLE Public Hearing — Downtown Specific Plan Consistency Review 'Bay View Tower' Location: 701 National City Boulevard APN: 556-331-25 Applicant: Pacifica Companies Case File No.: DSP-2006-7 PREPARED BY DEPARTMEN Raymond Pe, MCP Community Development Commission Redevelopment Projects Manager (619) 336-4250 EXPLANATION The subject property is developed with a four-story parking structure with commercial space on the ground floor, and is part of the Bay View Suites condominium conversion that includes the half block south. of 8th Street. The applicant proposes to add an additional parking level and four residential condominium levels above the existing parking structure. The project would add 88 residential condominium units and 105 parking spaces to the existing 198 parking spaces and ground floor commercial space. ENVIRONMENTAL REVIEW An EIR was certified for the Downtown Specific Plan, and a Mitigation Monitoring and Reporting Program was adopted pursuant to the California Environmental Quality Act. The EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff requires additional time to complete the analysis of the project, and therefore recommends that this item be continued to the Community Development Commission meeting of March 20. 2007. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. A-200 (9/80) City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 16 AGENDA ITEM NO. 1 ITEM TITLE A resolution authorizing staff to issue Owner Participation letters for the project described in the Exclusive Negotiating Agreement with Home Depot USA, Inc. and Pacific Steel, Inc. dated November 21, 2006. PREPARED BY � DEPARTMEN Patricia Beard (ext 4255) Community Development Commission Redevelopment Manager EXPLANATION On November 21, 2006, the CDC, Home Depot USA, Inc and Pacific Steel Inc ("PSI") entered into an Exclusive Negotiating Agreement ("ENA") to study the feasibility of a redevelopment project on approximatelyt 15 acres on the western side of Cleveland Avenue between Civic Center Drive and 18th Street in the Harbor District section of the National City Redevelopment Project area. The project, if found to be feasible, would feature a estimated 150,000 square foot Home Depot retail outlet on properties owned by PSI, BNSF Railroad, Patricia H. Rhodes Trust, Leif Revocable Trust and Alamo Limited Partners. Under state law and the requirements of the National City Redevelopment Plan, an owner participation process must be conducted to provide property owners the opportunity to submit competing proposals. Conducting the process in no way obligates the CDC to approve the project or enter a development agreement to assist the project at any point in the future. (Please see background sheet and attachments.) Environmental Review CEQA is not applicable to the Owner Participation process. Financial Statement There is no cost associated with the Owner Participation process. -rm Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. r ATTACHMENTS 1. Background report 2. Owner participation letters 3. Rules Governine Owner Participation Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING STAFF TO ISSUE OWNER PARTICIPATION LETTERS FOR THE PROJECT DESCRIBED IN THE EXCLUSIVE NEGOTIATING AGREEMENT WITH HOME DEPOT USA, INC. AND PACIFIC STEEL, INC., DATED NOVEMBER 21, 2006 WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, on November 21, 2006, the CDC entered into an Exclusive Negotiating Agreement with Home Depot USA, Inc. and Pacific Steel, Inc. to consider the feasibility of a redevelopment project on the western side of Cleveland Avenue between Civic Center Drive and 18th Street; and WHEREAS, the project being considered in said Exclusive Negotiating Agreement includes properties owned by parties other than the CDC, Home Depot USA, Inc. or Pacific Steel, Inc.; and WHEREAS, California Law and the National City Redevelopment Plan require that an Owner Participation Process be conducted prior to the consideration of a development agreement for said project. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes staff to issue Owner Participation letters for the project described in the Exclusive Negotiating Agreement with Home Depot USA, Inc. and Pacific Steel, Inc., dated November 21, 2006. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT 1 BACKGROUND REPORT Prior to considering a development agreement for a project in which the Redevelopment Agency (for National City — the CDC) may participate on private property not owned by the prospective developer or CDC, an Owner Participation process must be conducted in accordance with state law and the local Redevelopment Plan. The Owner Participation process is designed to inform property owners about projects the CDC is considering and offer them an opportunity to submit a competing development proposal for consideration. Conducting the process does not pre -commit the CDC to approving any project, entering a development agreement or assisting a project in any way. The Owner Participation Process: As part of the process, CDC staff will send letters to affected property owners advising them of the Home Depot proposal that will affect their properties. Enclosed will be a Statement of Interest form, personalized for each property owner, and a copy of the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project". Property owners are asked to return the enclosed Statement of Interest forms to CDC within 45 days of the date of mailing of the Owner Participation letters. The responses provided on the Statement of Interest will communicate whether the property owner wishes to prepare a proposal for development of the subject property(ies). If a property owner expresses such an interest in preparing a proposal, an additional 60 days will be provided for the actual preparation of the competing proposal. All proposals received within the stated time constraints will be presented to the Board (City Council) for consideration. Chairman Ron Morrison Attachment 2 Members Louie Natividad Frank Parra Fideles Ungab Rosalie Zarate Executive Director Brad Raulston March 7, 2007 Preserving History... Shaping the Future Community Development Commission of National City Alamo Drive Limited Partnership 4644 Alamo Drive San Diego CA 92115 SUDJECT: Owner Participation Process Dear Sir or Madam: The responsibility of the Community Development Commission ("CDC") is to plan and implement redevelopment projects in National City. CDC works with owners and tenants to obtain qualified developers, acquire property, relocate occupants, demolish obsolete structures, rehabilitate structures and construct public improvements and facilities to complete the adopted Redevelopment Plan for the City of National City. The CDC has received a request from Home Depot U.S.A., Inc. to develop a mixed -use retail and industrial project on roughly 15 acres on Cleveland Avenue between Civic Center Drive and 18th Street, including parcel(s) owned by you (559-076-04, 05). On March 6, 2007 the CDC authorized staff to send you this letter to initiate the Owner Participation process for those parcels affected by Home Depot's proposal. As an affected property owner, you have the right to submit an alternative proposal or otherwise comment on the project. These rights are set forth in the enclosed "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project" ("Exhibit 1"). These rules explain what assistance the CDC will provide to any person or business that is displaced by a redevelopment project. They also explain the standard procedures the CDC follows to provide assistance. Before considering the Home Depot's proposal, the CDC wishes to ask you whether or not, and if so in what way, you would like to participate in the redevelopment of this site. Enclosed with this letter is a Statement of Interest response form ("Exhibit 2"). According to the Owner Participation Rules you have 45 days from the date of this letter to express your interest to participate or not participate. The failure to return the Statement of Interest form within the 45-day days will be considered an affirmation of non -interest to participate. 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF NATIONAL CITY ) ss. I, Brad Raulston, Secretary of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2007-xx was adopted at a regular meeting of the Community Development Commission of National City held on March 6, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brad Raulston, Executive Director -2- STATEMENT OF INTEREST FORM To: Patricia Beard, Redevelopment Manager Community Development Commission of National City (CDC) 1243 National City Boulevard National City, CA 91950 From: Alamo Drive Limited Partnership 4644 Alamo Drive San Diego CA 92115 SUBJECT: Assessor's Parcel No's 559-076-04-00, 559-076-05-00 Proposal by Home Depot USA, Inc. Dear Ms. Beard, I have received your letter dated March 7, 2007 regarding the CDC's receipt of the unsolicited proposal from Home Depot USA, Inc. ithin National City. I acknowledge that I have received the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project." Please be advised: I wish to prepare a proposal for I do not wish to prepare a for development of the subject proposal for development of property. the subject property. By: Date: (Signature) (Print) Representing: (Owner of Subject Parcel) (Print) Attachment 3 RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) PURPOSE AND INTENT These rules are adopted to implement the provisions of the Redevelopment Plan for the National City Redevelopment Project (the "Project") regarding participation and the exercise of preferences by property owners and business occupants within the National City Redevelopment Project Area (the "Project Area"). These rules set forth the procedures governing such preferences and participation. The Health and Safety Code of the State of California Section 33000 et seq. requires the adoption of these rules by the Community Development Commission of the City of National City to permit participation by owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Area to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Redevelopment Plan for the Project. SECTION II. (200) GENERAL DEFINITIONS As used herein, the following definitions apply: A. "CDC" means the Community Development Commission of the City of National City. B. "Business Occupant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Area for so long as such Business Occupant remains in business within the Project Area. C. "City" means the City of National City. D. "Disposition and Development Agreement" means a contractual agreement between a developer and the CDC that sets forth terms and conditions for development. E. "Long -Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least ten (10) years remaining on such term. F. "Owner" means any person, persons, corporation, association, partnership, or other entity holding recorded fee title to or a long-term lease of real property in the Project Area for so long as such Owner holds such title or long-term lease. G. "Participant" means an Owner who has entered into a Participation Agreement with the CDC. H. "Participation Agreement" means an agreement entered into by an Owner with the CDC providing for such Owner to participate in the development or redevelopment of property within the Project Area in accordance with the provisions of the Redevelopment Plan and these Rules. "Plan" means the Redevelopment Plan for the National City Redevelopment Project adopted on by Ordinance No. 7. "Project Area" means the Project Area of the CDC which is subject to the Redevelopment Plan, as depicted on Exhibit A attached hereto. K. "Rules" means these Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. SECTION 1II. (300) OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO REENTER IN BUSINESS WITHIN REDEVELOPED AREA natIcitybwnpr 2 1 / 19/2005 A. (301) Opportunities for Owner Participation Owners of real property within the Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Area if such Owners agree to participate in the redevelopment in conformity with the Plan and these Rules. B. (302) Preferences for Persons Engaged in Business in the Project Area Business Occupants engaged in business in the Project Area shall be extended reasonable preference to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan and these Rules. SECTION IV. (400) METHODS OF PARTICIPATION AND LIMITATIONS THEREON A. (401) Methods of Participation Participation methods include remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the CDC or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the CDC for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required to rehabilitate or demolish all or a part of his/her existing buildings, or the CDC may acquire the buildings only and then remove or demolish the buildings. Participation methods also include the CDC buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. natIciiybWnpart 3 1 / 1 9/2005 B. (402) Limitations on Participation Opportunities Owner Participation opportunities shall be subject to and limited by factors such as hereafter listed and the following minimum requirements: 1. The Participant(s) can demonstrate to the reasonable satisfaction of the CDC that he is financially capable. and has the qualifications and/or experience to perform any and all development, modification, rehabilitation, modernization, construction, land assembly, and/or acquisition of the subject property or properties in order that it will conform to the Plan, any specific plan or design guide, and the redevelopment proposal, if any, contemplated by the CDC with respect to the subject property. 2. The Participant's proposed improvements and/or redevelopment conform or will conform to: the goals and objectives established by the CDC; the Plan; any specific plan or design guide; any applicable zoning, building and safety laws and regulations; and/or the redevelopment proposal approved by the CDC. 3. The CDC retains its authority to determine in its sole and reasonable discretion whether the proposed Participant(s) development conforms to and furthers the goals and objectives of the Plan and any specific development proposals on the basis of all the facts and circumstances pertaining to the proposed Participant's development. naticity`ownpait 4 1/19/2005 4. The CDC shall consider whether the proposed owner participant development necessitates that the Participant and/or the CDC shall remove, relocate and/or install public utilities and public facilities determined necessary by the CDC for the proposed development. 5. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. 6. The CDC shall consider the need to realign, abandon, vacate, widen, or open public rights -of -way and the indirect effects of such acts. 7. Consideration of any reduction in the total number of individual parcels in the Project Area. 8. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. C. (403) Establishing Preferences Among Owners If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Participants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: development experience and qualifications, financial ability to perform, length of time in the area, accommodation of as many potential participants as possible, and conformity with intent and purpose of the Plan. Participation, to the extent feasible, may be available for two or more persons, firms, or institutions, to join together in partnerships, corporations, or other joint entities. To the extent multiple owners are included within a proposed development site, an Owner with a majority interest in the total proposed natkitybwitput 5 1/19/2005 development site may be determined by the CDC to have a preference over an Owner with a minority interest in the proposed development site. SECTION V. (500) METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. (501) Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by CDC action from the Project Area, the CDC will, prior to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available prior to displacement, whether such Business Occupant would desire to reenter in business within the Project Area at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another location within the Project Area, the CDC will make reasonable efforts to assist such Business Occupants to find accommodations suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the proposed development site, but who have stated that they desire to reenter into business in the Project Area whenever suitable locations and rents are available, will be maintained by the CDC. The CDC will make reasonable efforts to assist such Business Occupants to find reentry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 501, the CDC will provide in all Participation Agreements, disposition and development agreements, and other agreements, as applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements the Participant or developer will give reasonable preferences (over other potential tenants or lessees) to Business Occupants who will be or who have been displaced from their places of business by the CDC to lease or rent premises within the newly rehabilitated or developed facilities. nntkity ownpM 6 v19/2oos B. (502) Limitations on the Extension of Preferences The following are the minimum requirements that must be met by any business to establish its eligibility for the reasonable preference to reenter in business in the Project Area after displacement: 1. The business use proposed shall be consistent with the land use standards of the Plan and any specific plan and development standards and criteria adopted by the CDC or the City. 2. The improvement on the business premises made or proposed to be made shall (unless otherwise approved by the CDC) meet, or shall be brought up to meet, a structural condition equal to or better than that required for a new structure or improvement of equivalent size, location, use and occupancy as required by the building and safety laws and regulations then applicable in the City, and shall conform to the Plan. 3. The business operator shall demonstrate to the satisfaction of the CDC that he is financially capable and qualified to perform any and all modifications or rehabilitation or modernization on the property at the new location in order that it will conform to the Plan and capable of meeting the financial requirements to occupy space in the new location. 4. The business shall agree in writing that in the use, occupancy and conduct of business in the premises there shall be no discrimination because of race, sex, marital status, color, creed, religion, national origin, ancestry, sexual orientation, physical handicap, or medical condition. uaIx,IIy\oWUpart 7 1/19/2005 C. (503) Establishing Preferences Among Business Occupants Seeking Similar Preferences If conflicts develop between the desires of participants for particular sits or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Business Occupants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: financial ability to perform, length of time in the area, accommodation of as many potential Business Occupants as possible, appropriateness of the type of business within the proposed premises or location, the feasibility of business success, and conformity with intent and purpose of these Rules and the Plan. Participation, to the extent feasible, may be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. SECTION VI. (600) PARTICIPATION PROCEDURES A. (601) Notice and Statement of Interest Before entering into any Participation Agreements or Disposition and Development Agreements relating to the acquisition, development, or rehabilitation of real property in the Project Area, the CDC shall first comply with these Rules relating to soliciting interest in owner participation from Owners of property, which may be acquired, developed, or rehabilitated and call upon them to submit a Statement of Interest for Participation incorporated herein as Exhibit B, in the proposed development or in otherwise participating in the redevelopment of the Project Area. Those desiring to submit a Statement of Interest in Participation must complete and submit said Statement to the CDC within forty-five (45) days of receipt. Any owner may also submit such a Statement at any time before such notification. Such Statement shall include information requested by the CDC and shall be in the form requested by the CDC. natIcity ,Wnpatl 8 ll 19/2005 The CDC shall consider such Statements as are submitted on time and shall seek to develop reasonable participation for those submitting such Statements whether to stay in place or to move to another location. The CDC may in its sole discretion determine that a participation proposal is not feasible or in the best interest of the Project or the community, or is otherwise limited by one or more of the criteria set forth in Section 402 hereof. In such event, the CDC may select a developer from among prospective participants submitting statements of interest in participating and others invited to submit proposals. The CDC retains and shall exercise the discretion vested in it by law to consider and determine whether the proposal or proposals for redevelopment submitted by an Owner or Owners for participation in the Project Area conforms to, and meets the goals and objectives of, the Plan. The CDC shall exercise said discretion reasonably, in good faith, and without discrimination. B. (602) Participation Agreements 1. (603) General Public and private Owners wishing to develop or improve their properties within the Project Area may be required, as a condition to CDC approval of such development, to enter into a binding written Participation Agreement with the CDC if the CDC determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan, or of any design guide adopted by the CDC pursuant to the Plan. 2. (604) Contents A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assigns to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Plan and/or to be subject to such other natkitybwupart 9 1 / 1 9/2005 provisions and conditions of the Plan as the CDC may require for the period of time that the Plan is in force and effect, excepting those provisions related to nondiscrimination and nonsegregation which shall run in perpetuity. Each Participation Agreement will contain such terms and conditions and will require the potential Participant to join in the recordation of such documents as the CDC may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Plan and the agreement. Participation Agreements will be effective only if approved by a majority vote of the members of the CDC. SECTION VII. (700) ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Plan, with a CDC determination of conformance, or a Participation Agreement, then the CDC is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. The CDC shall not acquire real property retained or developed under an approved Participation Agreement if the Participant fully performs under the agreement. SECTION VIII. (800) AMENDMENT OF RULES The CDC may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the CDC members and the public. The text of the proposed change shall be made available and notice of said meeting shall be published in a newspaper of general circulation. Such notice shall be published at least fourteen (14) calendar days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the CDC. uatkdyWwupan 10 1/19/2005 No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the CDC in reliance upon these rules as presently constituted. natkitybwnpan 11 1/19/2005 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 AGENDA ITEM NO. 17 ITEM TITLE A resolution authorizing staff to issue Owner Participation letters for a potential redevelopment project on Assessor's Parcel Numbers 559-024-06, 559-091-03, 11 and 14 in the National City Harbor District. PREPARED BY DEPARTMEN Patricia Beard (ext 4255) Community Development Commission Redevelopment Manager EXPLANATION The CDC is implementing the National City Redevelopment Plan on Cleveland Avenue in the Harbor District. As part of implementing the Plan in this area, CDC has participated in the redevelopment of Motivational Systems, is participating in the development of Marina Gateway projects and has entered an Exclusive Negotiating Agreement ("ENA") to study the feasibility of developing a mixed use project anchored by The Home Depot. To further the revitalization of the Harbor District, CDC is considering encouraging additional commercial and industrial projects on APNs 559-024-06, 559-091- 03, 11, and 14. This resolution would authorize staff to send letters to property owners of these parcels to assess their interest in participating in the redevelopment of the sites. Issuing the letters in no way obligates the CDC to acquire the parcels or complete a project. (Please see attached background report and parcel map.) Environmental Review CEQA is not applicable to the Owner Participation process. Financial Statement There is no cost associated with the Owner Participation process. Account No 9 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background report 2. Owner participation letter 3. Rules Governing Owner Participation 4. Parcel map Resolution No. A nnn rn/on\ RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING STAFF TO ISSUE OWNER PARTICIPATION LETTERS FOR A POTENTIAL REDEVELOPMENT PROJECT ON ASSESSOR PARCEL NUMBERS 559-024-06, 559-091, 03, 11, AND 14 IN THE NATIONAL CITY HARBOR DISTRICT WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, as part of implementing the Redevelopment Plan, the CDC is considering encouraging additional commercial and industrial projects on APNs 559-024-06, 559-091-03, 11 and 14; and WHEREAS, the Owner Participation process will allow property owners to express an interest in participating the redevelopment of the sites. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes staff to issue Owner Participation letters for a potential redevelopment project on Assessor Parcel Numbers 559-024-06, 559-091- 03, 11, 14. PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF NATIONAL CITY ) ss. I, Brad Raulston, Secretary of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2007-xx was adopted at a regular meeting of the Community Development Commission of National City held on March 6, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brad Raulston, Executive Director -2- ATTACHMENT 1 BACKGROUND REPORT Prior to considering a development agreement for a project in which the Redevelopment Agency (for National City — the CDC) may participate on private property not owned by the prospective developer or CDC, an Owner Participation process must be conducted in accordance with state law and the local Redevelopment Plan. The Owner Participation process is designed to inform property owners about projects the CDC is considering and offer them an opportunity to submit a competing development proposal for consideration. Conducting the process does not pre -commit the CDC to approving any project, entering a development agreement or assisting a project in any way. The Owner Participation Process: As part of the process, CDC staff will send letters to property owners potentially affected by an upcoming redevelopment project. Enclosed will be a Statement of Interest form, personalized for each property owner, and a copy of the `Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project". Property owners are asked to return the enclosed Statement of Interest forms to CDC within 45 days of the date of mailing of the Owner Participation letters. The responses provided on the Statement of Interest will communicate whether the property owner wishes to prepare a proposal for development of the subject property(ies). If a property owner expresses such an interest in preparing a proposal, an additional 60 days will be provided for the actual preparation of the proposal. All proposals received within the stated time constraints will be presented to the Board (City Council) for consideration. 3 Chairman Ron Morrison Members Louie Natividad Frank Parra Fideles Ungab Rosalie Zarate Executive Director Brad Raulston March 7, 2007 Attachment 2 Preserving History-. Shoping the Future Community Development Commission of National City Atchison Topeka & Santa Fe Railway Company BNSF 740 E. Carnegie Drive San Bernardino CA 92408-3571 SUDJECT: Owner Participation Process Dear Sir or Madam: The responsibility of the Community Development Commission ("CDC") is to plan and implement redevelopment projects in National City. CDC works with owners and tenants to obtain qualified developers, acquire property, relocate occupants, demolish obsolete structures, rehabilitate structures and construct public improvements and facilities to complete the adopted Redevelopment Plan for the City of National City. The CDC is considering a potential redevelopment project on Cleveland Avenue area sites, including parcel(s) owned by you (559-091-03, 11). On March 6, 2007 the CDC authorized staff to send you this letter to initiate the Owner Participation process for those parcels affected by this potential redevelopment project. As an affected property owner, you have the right to submit an alternative proposal or otherwise comment on the potential project. These rights are set forth in the enclosed "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project" ("Exhibit 1"). These rules explain what assistance the CDC will provide to any person or business that is displaced by a redevelopment project. They also explain the standard procedures the CDC follows to provide assistance. Before considering a redevelopment project, the CDC wishes to ask you whether or not, and if so in what way, you would like to participate in the redevelopment of this site. Enclosed with this letter is a Statement of Interest response form ("Exhibit 2"). According to the Owner Participation Rules you have 45 days from the date of this letter to express your interest to participate or not participate. The failure to return the Statement of Interest form within the 45-day days will be considered an affirmation of non -interest to participate. 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 Please note: If you are in escrow or currently negotiating to sell your property you may continue with your escrow or your negotiations concurrently with any action the CDC may take regarding your property. If you have any questions, please contact Patricia Beard at (619) 336-4255 or by e-mail at pbeard anci.national-city.ca.us. Sincerely, Brad Raulston Executive Director Enclosures: 1. Rules Governing Owner Participation and Preferences by Property Owners and Business Occupant 2. Statement of Interest form CC: Patricia Beard, Redevelopment Manager 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 STATEMENT OF INTEREST FORM To: Patricia Beard, Redevelopment Manager Community Development Commission of National City (CDC) 1243 National City Boulevard National City, CA 91950 From: Atchinson Topeka & Santa Fe Railway Co/BNSF 740 E. Carnegie Drive San Berbardino CA 92408-3571 SUBJECT: Assessor's Parcel No's 559-091-03, 11. Dear Ms. Beard, I have received your letter dated March 7, 2007 regarding the CDC's consideration of a potential redevelopment project on Cleveland Avenue in National City. I acknowledge that I have received the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project." Please be advised: I wish to prepare a proposal for for development of the subject property. I do not wish to prepare a proposal for development of the subject property. By: Date: (Signature) (Print) Representing: (Owner of Subject Parcel) (Print) Attachment 3 RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) PURPOSE AND INTENT These rules are adopted to implement the provisions of the Redevelopment Plan for the National City Redevelopment Project (the "Project") regarding participation and the exercise of preferences by property owners and business occupants within the National City Redevelopment Project Area (the "Project Area"). These rules set forth the procedures governing such preferences and participation. The Health and Safety Code of the State of California Section 33000 et seq. requires the adoption of these rules by the Community Development Commission of the City of National City to permit participation by owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Area to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Redevelopment Plan for the Project. SECTION II. (200) GENERAL DEFINITIONS As used herein, the following definitions apply: A. "CDC" means the Community Development Commission of the City of National City. B. "Business Occupant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Area for so long as such Business Occupant remains in business within the Project Area. C. "City" means the City of National City. D. "Disposition and Development Agreement" means a contractual agreement between a developer and the CDC that sets forth terms and conditions for development. E. "Long -Term Lease" means a lease of real property with a term of twenty (20) years or more, with at least ten (10) years remaining on such term. F. "Owner" means any person, persons, corporation, association, partnership, or other entity holding recorded fee title to or a long-term lease of real property in the Project Area for so long as such Owner holds such title or long -teen lease. G. "Participant" means an Owner who has entered into a Participation Agreement with the CDC. H. "Participation Agreement" means an agreement entered into by an Owner with the CDC providing for such Owner to participate in the development or redevelopment of property within the Project Area in accordance with the provisions of the Redevelopment Plan and these Rules. I• "Plan" means the Redevelopment Plan for the National City Redevelopment Project adopted on by Ordinance No. J. "Project Area" means the Project Area of the CDC which is subject to the Redevelopment Plan, as depicted on Exhibit A attached hereto. K. "Rules" means thcse Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. SECTION III. (300) OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO REENTER IN BUSINESS WITHIN REDEVELOPED AREA nallcitylowapart 2 1 / 19/2005 A. (301) Opportunities for Owner Participation Owners of real property within the Project Area shall be extended reasonable opportunities to participate in the redevelopment of property in the Project Area if such Owners agree to participate in the redevelopment in conformity with the Plan and these Rules. B. (302) Preferences for Persons Engaged in Business in the Project Area Business Occupants engaged in business in the Project Area shall be extended reasonable preference to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan and these Rules. SECTION IV. (400) METHODS OF PARTICIPATION AND LIMITATIONS THEREON A. (401) Methods of Participation Participation methods include remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the CDC or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the CDC for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required to rehabilitate or demolish all or a part of his/her existing buildings, or the CDC may acquire the buildings only and then remove or demolish the buildings. Participation methods also include the CDC buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. oWkitybwopvt 3 lJ 1/19l2005 B. (402) Limitations on Participation Opportunities Owner Participation opportunities shall be subject to and limited by factors such as hereafter listed and the following minimum requirements: 1. The Participant(s) can demonstrate to the reasonable satisfaction of the CDC that he is financially capable and has the qualifications and/or experience to perform any and all development, modification, rehabilitation, modernization, construction, land assembly, and/or acquisition of the subject property or properties in order that it will conform to the Plan, any specific plan or design guide, and the redevelopment proposal, if any, contemplated by the CDC with respect to the subject property. 2. The Participant's proposed improvements and/or redevelopment conform or will conform to: the goals and objectives established by the CDC; the Plan; any specific plan or design guide; any applicable zoning, building and safety laws and regulations; and/or the redevelopment proposal approved by the CDC. 3. The CDC retains its authority to determine in its sole and reasonable discretion whether the proposed Participant(s) development conforms to and furthers the goals and objectives of the Plan and any specific development proposals on the basis of all the facts and circumstances pertaining to the proposed Participant's development. natkirybwnpart 4 1 / 19/2005 4. The CDC shall consider whether the proposed owner participant development necessitates that the Participant and/or the CDC shall remove, relocate and/or install public utilities and public facilities determined necessary by the CDC for the proposed development. 5. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. 6. The CDC shall consider the need to realign, abandon, vacate, widen, or open public rights -of -way and the indirect effects of such acts. 7. Consideration of any reduction in the total number of individual parcels in the Project Area. 8. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. C. (403) Establishing Preferences Among Owners If conflicts develop between the desires of participants for particular sites or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Participants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: development experience and qualifications, financial ability to perform, length of time in the area, accommodation of as many potential participants as possible, and conformity with intent and purpose of the Plan. Participation, to the extent feasible, may be available for two or more persons, firms, or institutions, to join together in partnerships, corporations, or other joint entities. To the extent multiple owners are included within a proposed development site, an Owner with a majority interest in the total proposed natkilybwnput 5 1 / 19/2005 development site may be determined by the CDC to have a preference over an Owner with a minority interest in the proposed development site. SECTION V. (500) METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. (501) Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by CDC action from the Project Area, the CDC will, prior to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available prior to displacement, whether such Business Occupant would desire to reenter in business within the Project Area at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another location within the Project Area, the CDC will make reasonable efforts to assist such Business Occupants to find accommodations suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the proposed development site, but who have stated that they desire to reenter into business in the Project Area whenever suitable locations and rents are available, will be maintained by the CDC. The CDC will make reasonable efforts to assist such Business Occupants to find reentry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 501, the CDC will provide in all Participation Agreements, disposition and development agreements, and. other agreements, as applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements the Participant or developer will give reasonable preferences (over other potential tenants or Lessees) to Business Occupants who will be or who have been displaced from their places of business by the CDC to lease or rent premises within the newly rehabilitated or developed facilities. uatkitybwnpan 6 1/19/2005 B. (502) Limitations on the Extension of Preferences The following are the minimum requirements that must be met by any business to establish its eligibility for the reasonable preference to reenter in business in the Project Area after displacement: 1. The business use proposed shall be consistent with the land use standards of the Plan and any specific plan and development standards and criteria adopted by the CDC or the City. 2. The improvement on the business premises made or proposed to be made shall (unless otherwise approved by the CDC) meet, or shall be brought up to meet, a structural condition equal to or better than that required for a new structure or improvement of equivalent size, location, use and occupancy as required by the building and safety laws and regulations then applicable in the City, and shall conform to the Plan. 3. The business operator shall demonstrate to the satisfaction of the CDC that he is financially capable and qualified to perform any and all modifications or rehabilitation or modernization on the property at the new location in order that it will conform to the Plan and capable of meeting the financial requirements to occupy space in the new location. 4. The business shall agree in writing that in the use, occupancy and conduct of business in the premises there shall be no discrimination because of race, sex, marital status, color, creed, religion, national origin, ancestry, sexual orientation, physical handicap, or medical condition. uatkity\ownpart 7 1/19/2005 (503) Establishing Preferences Among Business Occupants Seeking Similar Preferences If conflicts develop between the desires of participants for particular sits or land uses, the CDC is authorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Business Occupants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: financial ability to perform, length of time in the area, accommodation of as many potential Business Occupants as possible, appropriateness of the type of business within the proposed premises or location, the feasibility of business success, and conformity with intent and purpose of these Rules and the Plan. Participation, to the extent feasible, may be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. SECTION VI. (600) PARTICIPATION PROCEDURES A. (601) Notice and Statement of Interest Before entering into any Participation Agreements or Disposition and Development Agreements relating to the acquisition, development, or rehabilitation of real property in the Project Area, the CDC shall first comply with these Rules relating to soliciting interest in owner participation from Owners of property, which may be acquired, developed, or rehabilitated and call upon them to submit a Statement of Interest for Participation incorporated herein as Exhibit B, in the proposed development or in otherwise participating in the redevelopment of the Project Area. Those desiring to submit a Statement of Interest in Participation must complete and submit said Statement to the CDC within forty-five (45) days of receipt. Any owner may also submit such a Statement at any time before such notification. Such Statement shall include information requested by the CDC and shall be in the form requested by the CDC. natkirybwnpan 8 1 / 19/2005 The CDC shall consider such Statements as are submitted on time and shall seek to develop reasonable participation for those submitting such Statements whether to stay in place or to move to another location. The CDC may in its sole discretion deteinune that a participation proposal is not feasible or in the best interest of the Project or the community, or is otherwise limited by one or more of the criteria set forth in Section 402 hereof. In such event, the CDC may select a developer from among prospective participants submitting statements of interest in participating and others invited to submit proposals. The CDC retains and shall exercise the discretion vested in it by law to consider and determine whether the proposal or proposals for redevelopment submitted by an Owner or Owners for participation in the Project Area conforms to, and meets the goals and objectives of, the Plan. The CDC shall exercise said discretion reasonably, in good faith, and without discrimination. B. (602) Participation Agreements 1. (603) General Public and private Owners wishing to develop or improve their properties within the Project Area may be required, as a condition to CDC approval of such development, to enter into a binding written Participation Agreement with the CDC if the CDC determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan, or of any design guide adopted by the CDC pursuant to the Plan. 2. (604) Contents A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assigns to acquire, rehabilitate, develop and use the property, as may be applicable, in conformance with the Plan and/or to be subject to such other uaticitybwvpan 9 /S 1/19/2005 provisions and conditions of the Plan as the CDC may require for the period of time that the Plan is in force and effect, excepting those provisions related to nondiscrimination and nonsegregation which shall run in perpetuity. Each Participation Agreement will contain such terms and conditions and will require the potential Participant to join in the recordation of such documents as the CDC may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Plan and the agreement. Participation Agreements will be effective only if approved by a majority vote of the members of the CDC. SECTION VII. (700) ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Plan, with a CDC determination of conformance, or a Participation Agreement, then the CDC is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. The CDC shall not acquire real property retained or developed under an approved Participation Agreement if the Participant fully performs under the agreement. SECTION VIII. (800) AMENDMENT OF RULES The CDC may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the CDC members and the public. The text of the proposed change shall be made available and notice of said meeting shall be published in a newspaper of general circulation. Such notice shall be published at least fourteen (14) calendar days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at the discretion of the CDC. natkiry\nwnpan 10 1 / 19/2005 No such amendment shall retroactively impair the rights of any parties who have executed Participation Agreements with the CDC in reliance upon these rules as presently constituted. natk'vybwnpart 1/19/2005 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 AGENDA ITEM NO. 18 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 3 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP ("A" AVENUE) LP PREPARED BY George H. Eiser, III 7✓ (ext. 4421) EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review f% 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. Memorandum Resolution Amendment No. 3 to Disposition and Development Agreement 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, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: CDC Chairman and Board Members DATE: February 28, 2007 FROM: Legal Counsel SUBJECT: Amendment No. 3 to DDA with Constellation Property Group The CDC entered into a Disposition and Development Agreement (DDA) with Constellation Property Group on August 30, 2005. Constellation Property Group (A Avenue) LP was the entity developing the Centro condominium project, and Constellation Property Group (Nat City 12th) LP was the entity developing the Revolution 2 condominium Project. The DDA required the Developer to construct and pay for a Trolley Transit Center, to be conveyed to the CDC, and to convey office space to the CDC. On October 25, 2005, the Community Development Commission approved Amendment No. 1 to the DDA, which assigned the obligation to construct a trolley transit and convey office space to the CDC from the A Avenue entity to the Nat City 12th entity. On October 17, 2006, the CDC approved Amendment No. 2 to the DDA, by which it consented to the assignment of the obligation back to the A Avenue entity from the Nat City 12th entity. Amendment No. 2 also replaced the obligation of the developer to convey office space, and instead require a residential condominium unit to be conveyed to the CDC. Amendment No. 2 provided that the Grant Deed conveying the project site from Constellation Property Group (Nat City 12th) LP to Constellation Property Group (A Avenue) LP be recorded by February 28, 2007. The developer has requested that the date be extended to April 30, 2007. The proposed resolution would approve Amendment No. 3 to the DDA to extend the recordation date of the Grant Deed, as requested by the Developer. The resolution would also amend the DDA to authorize the Executive Director, in his sole discretion, to grant future extensions of time to the Developer to comply with the Developer's obligations under the DDA. GHE/gmo GEORGE H. EISER, III Legal Counsel es Recycled Paper RESOLUTION NO. 2007 — 41 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AMENDMENT NO. 3 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH CONSTELLATION PROPERTY GROUP (A AVENUE) LP WHEREAS, Constellation Property Group Disposition and Development Agreement ("DDA") dated August 30, 200Avenue) 5 LPp, entered into a to which A Avenue agreed to develop a real estate project in National City known as "Centro". Pursuant to the DDA, A Avenue further agreed to build office space and four parking spaces fort the CDC in the Centro project, and a trolley transit center; and WHEREAS, Constellation Property Group (Nat City 12th) is an affiliate of A Avenue and the developer of the Revolution 2 project located adjacent to Centro; and WHEREAS, on October 21, 2005, A Avenue and Nat City 12th entered into an Assignment and Assumption Agreement pursuant to which A Avenue assigned all of its rights under the DDA to Nat City 12th, and Nat City 12th agreed to assume the obligations under the DDA; and WHEREAS, in connection with the October 21, 2005 assignment, the CDC and Nat City 12th entered into Amendment No. 1 to the DDA on October 25, 2005, pursuant to which Nat City 12th agreed to construct the office space and trolley transit center; and WHEREAS, on or about October 17, 2006, A Avenue and Nat City 12th entered into an Assignment and Assumption Agreement pursuant to which Nat City 12th assigned back to A Avenue the rights and obligations under the DDA; and WHEREAS, on Amendment No. 2 to the DDA, to the CDC would be replaced the Centro project; and or about October 17, 2006, the CDC agreed to enter into pursuant to which A Avenue's obligation to provide office space with an obligation to provide a residential condominium unit in WHEREAS, Amendment No. 2 to the DDA providethat the Grant Deed conveying the project site from Constellation Property Group (Nat City 12th) LP to Constellation Property Group (A Avenue) LP be recorded by February 28, 2007; the developer has now requested that this date be extended to April 30, 2007; and WHEREAS, it has been proposed that the DDA be amended to authorize the Executive Director, in his sole discretion, to grant future extensions of time to the Developer to comply with the Developer's obligations under the DDA. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute Amendment No. 3 to the Disposition and Development Agreement with Constellation Property Group (A Avenue) LP. Said Amendment Agreement is on file in the office of the City Clerk. *** Signature Page to Follow *** Resolution No. 2007 — 41 March 6, 2007 Page 2 PASSED and ADOPTED this 6th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel AMENDMENT NO. 3 TO DISPOSITION AND DEVELOPMENT AGREEMENT This Amendment No. 3 to Disposition and Development Agreement (this "Amendment") is made and entered into as of March 6, 2007 (the "Effective Date"), by and between the Community Development Commission of the City of National City, a public body, corporate and politic (the "CDC") and Constellation Property Group (A Avenue) LP, a Delaware limited partnership, as successor in interest to Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership (the "Developer"). Recitals A. The CDC and Developer entered into that certain Disposition and Development Agreement dated August 30, 2005 (the "Original DDA"). B. On October 21, 2005, Developer and Constellation Property Group (NatCity 12th) LP, a Delaware limited partnership (the "Original Assignee"), entered into that certain Assignment and Assumption Agreement (the "Original Assignment"), pursuant to which Developer assigned all of its right, title and interest in and to the Original DDA to Original Assignee. C. In connection with the Original Assignment, Original Assignee and CDC entered into that certain Amendment No. 1 to Disposition and Development Agreement dated as of October 25, 2005 ("Amendment No. 1" and, together with the Original DDA, the "DDA"), pursuant to which the Original Assignee agreed to construct office space and a trolley transit center in accordance with the terms and conditions of Amendment No. 1. D. On or about October 17, 2.006, Original Assignee and Developer entered into that certain Assignment and Assumption Agreement (the "Re -Assignment"), pursuant to which Original Assignee assigned all of its right, title and interest in and to the DDA back to Developer, and Developer assumed all of the Original Assignee's duties, obligations and liabilities under the DDA (the "Obligations"). E. On or about October 17, 2006, the CDC and Developer entered into Amendment No. 2 to the DDA to replace the obligation of Developer to provide the office space with the obligation to provide a residential condominium in the Project developed on the Site. F. As part of Amendment No. 2 to the DDA, the CDC consented to the Original Assignee transferring all of its rights, title and interest in the Site and the Project back to the Developer. SDCA_292939.2 G. As part of Amendment No. 2 to the DDA, Developer agreed to cause the Grant Deed, substantially in the form of Exhibit "A" to be recorded with the County Recorder no later than February 28, 2007. H. Developer has found its necessary to extend the time in which the aforementioned Grant Deed, in which the Original Assignee transfers the Site to Developer, to April 30, 2007, and the CDC is willing to consent to such extension. I. The parties wish to further amend the DDA to authorize the CDC's Executive Director, in his discretion, to grant extensions of time to Developer to comply with Developer's obligations under the DDA. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CDC and Developer agree as follows: Agreement 1. Grant Deed. Developer agrees to cause that certain Grant Deed, substantially in the form of Exhibit A attached hereto, to be recorded with the County Recorder of the County of San Diego, California, no later than April 30, 2007. 2. Consent. The CDC hereby consents to the recordation of the aforementioned Grant Deed no later than April 30, 2007. 3. Time Extensions. The Executive Director of the CDC may, in his sole discretion, grant extensions of time to Developer to comply with Developer's obligation under the DDA. 4. Miscellaneous. Except to the extent expressly modified by this Amendment, the DDA remains in full force and effect. To the extent of any inconsistency between this Amendment and the DDA, the terms and conditions of this Amendment shall control. This Amendment may be executed in multiple counterparts, all of which, taken together, shall constitute one and the same document. / / / / / / / / / 2 SDCA_292939.2 IN WITNESS WHEREOF, the CDC and Developer have executed this Amendment as of the Effective Date first set forth above. Attested: CDC: Community Development Commission of the City of National City, a public body, corporate and politic By: Brad Raulston Ron Morrison CDC Secretary Chairman 3 SDCA 292939.2 DEVELOPER: Constellation Property Group (A Avenue) LP, a Delaware limited partnership By: Constellation Property Management, Inc., a Delaware corporation Its: General Partner By: Eugene Marchese President EXHIBIT A RECORDING REQUESTED BY, MAIL TAX STATEMENTS TO, AND WHEN RECORDED MAIL TO: Constellation Property Group (A Avenue) LP 1133 Columbia Street, Suite 101 San Diego, CA 92101 Attn. Mr. Wayne Hann GRANT DEED In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of the transfer tax that is due by a separate statement that is not being recorded with this Grant Deed. For valuable consideration, receipt of which is hereby acknowledged, CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited partnership ("Grantor"), hereby grants to CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited partnership ("Grantee"), the real property hereinafter referred to as the "Site," described in Exhibit A attached hereto and incorporated herein, subject to the existing easements, restrictions and covenants of record described there. This Grant Deed is subject to: (a) non -delinquent real and personal property taxes assessments and bonds for the current fiscal year; (b) the lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code; and (c) all covenants, conditions, restrictions, easements, liens, encumbrances, claims, rights and other matters recorded as a matter of public record, including that certain Grant Deed entered into by and between Grantor, as grantee, and the Community Development Commission of the City of National City, a public body, corporate and politic, as grantor, and recorded on October 26, 2005, as Document No. 2005-0930606, in the County Recorder's Office of the County of San Diego, California. The Grantee herein covenants by and for itself and its successors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land. SDCA_292939.2 [Signature Page Follows] A-1 IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant Deed this day of , 2007. GRANTOR: CONSTELLATION PROPERTY GROUP (NATCITY 12TH) LP, a Delaware limited liability partnership By: Constellation Property Management, Inc., a Delaware Corporation, its General Partner By: Eugene Marchese, President GRANTEE: CONSTELLATION PROPERTY GROUP (A AVENUE) LP, a Delaware limited liability partnership By: Constellation Property Management, Inc., a Delaware Corporation, its General Partner A-2 SDCA_292939.2 By: Eugene Marchese, President EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION OF SITE 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 AS FILE NO. 80-275023 OF THE OFFICIAL RECORDS. APN: 556-554-16 A-3 SDCA_292939.2 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 19 AGENDA ITEM NO. ITEM TITLE A report on the selection of an artist to design, produce and install public art for the National City Aquatic Center. PREPARED BY Patricia Beard (ext 4255) PprIC Redevelopment Manager DEPARTMEN Community Development Commission EXPLANATION On January 23, 2007, a sub -committee of staff and volunteers received presentations from three pre -qualified public artists related to the National City Aquatic Center. Public Art, valued at one -percent of the project cost, is required because the Aquatic Center will be located on Port of San Diego property at Pepper Park. The attached Background Report and a presentation by artist Lisa Schirmer are provided to bring the Board up to date. If the Board concurs with the recommendation of the sub -committee and National City Public Art Committee, staff would bring a contract forward for consideration, if appropriate, following completion of the current strategic planning effort. Environmental Review Not applicable. Financial Statement There are no costs associated with this stage of the artist selection process. If appropriate, a contract will be brought forward for consideration at a future date. The total budget for the Aquatic Center public art will be $45,000 - $30,000 as one -percent of the $3 million project budget and $15,000 in grant funds from the Port of San Diego. Account No STAFF RECOMMENDATION Direct staff to return with a contract, if appropriate, at the conclusion of the current strategic planning process. BOARD / COMMISSION RECOMMENDATION A verbal report on the recommendation of the National City Public Art Committee will be given at the meeting. ATTACHMENTS 1. Background report 2. Resume of Lisa A. Schirmer, artist Resolution No. LISA SCHIRMER Page 2 TEACHING CONTINUED 1999: Artist in Residence, Kimball Elementary School, National City, CA. 1999: Northern Illinois University, Design and Composition, Kitemakers Retreat. 1998: Texas Tech University, Design and Color Theory, International Kitemakers Workshop. 1998: Critical Hours, Roosevelt Jr. High School, Art, San Diego, CA. 1996: North Park Summer Art Program, Art, San Diego, CA. PUBLICATIONS Summer 1998: "American Kite Magazine." Winter 1997: Featured Article, "American Kite Magazine." Winter 1996: "American Kite Magazine." August 1996: Art/Design News, "San Diego Home/Garden." August 1994: The Golden Gallery, "The Artist's Magazine." April 5, 1994: "KGTV Channel 10," San Diego, CA. March 18, 1994: "The Daily Aztec," San Diego, CA. January 30, 1992: "Reader," San Diego, CA. January 18, 1992: "San Diego Union -Tribune," San Diego, CA. ILLUSTRATION ACCOMPLISHMENTS Books: Chief Illustrator: "The Straight Wire Appliance," by Lawrence F. Andrews, DDS. Supervised layout and graphic production. Illustrator: "A Field Guide to the Common and Interesting Plants of Baja California," by Jeanette Coyle and Norman Roberts. Videotape: . "Reptiles: Handle with Care," The Baltimore Zoo. Film: . "Pneumotonography: The Measurement of Intraocular Pressure," The Johns Hopkins School of Medicine. Other: Directed and created illustrations for series of training programs used by Abbot Pharmaceuticals. Approval of initial program secured additional series, contributing to an increase in company revenues. Designed and created a multipurpose display for La Jolla Cancer Research Foundation. Highly functional, it served as an educational display, was filmed for a TV endorsement and used as an in-house information and artistic wall visual. The display helped secure contributions for the foundation. Illustrator, PowerPoint presentations, graphic design for the medical community. PROFESSIONAL ASSOCIATIONS The Johns Hopkins University Executive Committee. 1998-2000: San Diego Public Art Committee. Painting Associates, San Diego, CA. Fresh Start Surgical Gifts. LISA A. SCHIRMER EDUCATION M.A., Medical and Biological Illustration, The Johns of Medicine, Baltimore, MD (1978). BA., Fine Arts, San Diego State University (1975) Cum Laude with Distinction ART EXHIBITIONS 3330 Xenophon Street San Diego, California 92106 (619) 224-6434 Hopkins University, School 2005: Faculty Exhibition, Grossmont College, El Cajon, CA. 2004: Faculty Exhibition, Grossmont College, El Cajon, CA. Ongoing temporary installations of Windglyphs for: Frank Lloyd Wright Convention Center, Madison, Wisconsin. San Diego Museum of Art. Presidential and Gubernatorial Visits to San Diego. Scripps Institute of Oceanography, San Diego, CA. University of California San Diego Port of San Diego City of San Diego City of Carlsbad -- City of Chula Vista 2001 Annual Exhibition, Carlsbad Sculpture Garden, "Animal Whimsey, A Wildlife Garden." March 1994: Solo Exhibition, Intersection 33°/117° Gallery, "Freewayscapes-Coming? Or Going?" San Diego, CA. 1993: Group Exhibition, "San Diego -Tijuana -Yokohama Art Exchange," United States, Mexico, and Japan. 1992: Solo Exhibition, San Diego Art Institute, "Freewayscapes: Close, But Not Touching." 1992: Group Exhibition, Co -Curator, "Art in Your Corporate Backyard," San Diego Art Institute. 1984: Group Exhibition, The Butler Institute of American Art, "1984 Annual," Purchased for Permanent Collection, Juror's Special Mention Award, Youngstown, OH. ART COMMISSIONS Ongoing: San Diego Museum of Art, Interior and Exterior Banners. Ongoing: Bread and Cie, Trompe L'Oeil and signage design, San Diego, CA. 2002: Sprint Communications Antenna Tower Designs, San Diego, CA. 2001: Healing Wall, Mural for Scripps Encinitas Hospital, Encinitas, CA. 2000-2001: Design Team Member, City of Chula Vista Redesign of "E", "H", and Palomar Streets. 2000: San Diego Wild Animal Park, Banner Design. 1999: Design Team Member, City of San Diego, 6th Avenue Playground. 1998: North Park Street Banner Design, San Diego, CA. 1996: North Park Recreation Center, Construction of Banners Designed by Students, Exterior Mural Assistant, San Diego, CA. TEACHING . 2005: Grossmont College, Beginning Drawing, El Cajon, CA. 2004: Grossmont College, Beginning Drawing, F1 Cajon, CA. • Ceramic tile for the facility restrooms that also incorporates the wave shapes • A courtyard canopy formed out of nautical knots. If ultimately awarded a contract for the project, Ms. Schirmer would work with the architect to finalize the proposal, design, fabricate and install the pieces. ATTACHMENT 1 BACKGROUND REPORT Due to the requirement for public art in projects on Port properties, in the autumn of 2006, Ricardo Rabines, architect for the National City Aquatic Center, and staff began searching for potential artists. With assistance from the Port and other knowledgeable people, three qualified artists were short-listed to compete for the project. Staff and Mr. Rabines believed the limited art budget ($45,000) should be used to create the largest impact possible, should strongly relate to the architecture of the Aquatic Center, and also compliment the educational and youth orientation of the project. The artists selected to compete included: Alber De Matteis — works in a variety of media and is creating the public art for the National City Pier 32 Marina Lisa Schirmer — works in fabric and other media Malcolm Jones — works in acrylic plastic On January 23, these three artists presented proposals to a sub -committee created by staff, Aquatic Center operator South Bay Family YMCA and the City Council. The sub -committee included: Darlene Portades — Sweetwater High School student Jessica Santiago — Sweetwater High School student Rose Anita Hernandex — Student City Council member Marin Batasin — Student City Council member Tina Williams — Executive Director — South Bay Family YMCA Linda Wergeland — YMCA volunteer Corinne Herrington — YMCA Aquatics program manager Ricardo Rabines — Architect Jess Van Deventer — National City Public Art Committee chairman William Virchis — National City Public Art Committee Manuel Cavada — National City Public Art Committee Catherine Sass — Port of San Diego Public Art Director Susanna Peredo — City staff Patricia Beard — CDC staff After thorough interviews and much deliberation, the sub -committee selected to work further with Ms. Schirmer to develop the public art for the project. The committee was especially impressed with Ms. Schirmer's utilizing research from the Scripps Institute for Oceanography to incorporate mathematical formulas (logarithms) of air and water waves into her proposal. The educational component seemed a perfect fit for the project. Ms. Schirmer's proposal included four components — two of which serve as finish features for the project. The components include: • `Windglyphs" — colorful flags • Awnings incorporating the wave logarithm shape and graphics