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HomeMy WebLinkAbout2007 03-20 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — March 20, 2007 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council 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 arc 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 lnterpretecldn en espariol se proporclona durante sesiones del Consejo Municipal. Los audidfonos est3n disponlbles en el paslllo al princlplo de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.cl.nationai-clty.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 2 PROCLAMATION 1. Proclaiming Tuesday, March 20, 2007 as: "JOHN P. WEBSTER, SR. DAY" and recognizing John Webster, National City Transit Director for his three years of service. PRESENTATION EMPLOYEE OF THE MONTH PROGRAM 2. Mona Rios, Senior Library Technician (February, 2007) 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. 3. Approval of the minutes of the Regular City Council/Community Development Commission meeting of February 20, 2007 (City Clerk) 4. 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) 5. Resolution of the City Council of the City of National City to approve, accept and record Harborview Condominiums subdivision map located at 8th Street and "D" Avenue. (S-2005-11) (Engineering) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute Supplemental Agreement Number 005-N with the State Department of Transportation to obtain $2 million (60.07% of total construction costs) State Transportation Improvement Program (STIP) funds for the improvements of the National City Boulevard Streetscape and 9th Street Fountain Plaza. (Engineering) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute Supplemental Agreement Number 004-M1 with the State Department of Transportation to obtain Federal funds (approximately $2 million) for the right-of-way engineering and acquisition costs for the Plaza Boulevard widening improvements between Highland and Euclid Avenues. (Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to renew an Agreement with PBS&J in the amount of $15,000 to provide as -needed financial, wastewater consultant services for Fiscal Year 2006-2007. (Public Works) 9. Neighborhood Council's Monthly Report for February, 2007. (Community Services) 10. WARRANT REGISTER # 32 (Finance) Ratification of Demands in the amount of $1,512,330.27 11. WARRANT REGISTER # 33 (Finance) Ratification of Demands in the amount of $1,456,209.22 PUBLIC HEARING 12. Public Hearing on the 2007-2008 Consolidated Plan Funding Allocation for the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. (Community Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 4 ORDINANCE FOR INTRODUCTION 13. An Ordinance of the City of National City amending Title 15 of the National City Municipal Code by amending Chapter 15.16 pertaining to Housing Inspections and Permits. (Building & Safety) NEW BUSINESS 14. REPORT. Election Code Section 9212. Report to Legislative Body on Effect of Proposed Initiative. (City Manager) NON CONSENT RESOLUTIONS 15. Resolution of the City Council of the City of National City approving the 2007-2008 Consolidated Plan Funding Allocation for Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs. (Community Services) 16. Resolution of the City Council of the City of National City ordering the submission of a measure to the qualified voters of the City of National City at the general Municipal Election to be held on November 4, 2008, relating to approval of an Ordinance repealing sections 4.60.010 through 4.60.180 of the National City Municipal Code in order to repeal an existing one percent transactions and use tax (sales tax) used for City services, facilities and programs. (City Clerk/City Attorney) 17. Resolution of the City Council of the City of National City calling and giving notice of the holding of a general Municipal Election to be held on Tuesday, November 4, 2008, for the purpose of submission of a ballot measure to the voters as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk/Attomey) 18. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a general Municipal Election to be held on November 4, 2008, with the Statewide general Election to be held on that date pursuant to Section 10403 of the Elections Code. (City Clerk/City Attorney) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 5 NON CONSENT RESOLUTIONS (Cont.) 19. Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to a measure to approve an Ordinance repealing sections 4.60.010 through 4.60.180 of the National City Municipal Code in order to repeal an existing one percent transaction and use tax (sales tax) used for City services, facilities and programs and requesting County services. (City Clerk/City Attorney) NEW BUSINESS 20. City of National City's response to the 2005-2006 San Diego County Grand Jury Report entitled: "Lack of San Diego County Evacuation Preparations": Recommendations 06-67 and 06-68. (Fire) 21. Report on City's Historic Properties Ordinance. (Planning/Building & Safety) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 22. Ratifications of Expenditures of the Community Development Commission: Expenditures for the Period of 02/22/07 through 03/06/07 of $670,162. (Community Development Commission/Finance) 23. Cash and Investment Quarterly Reports for 1st Quarter ending September 30, 2006 and 2nd Quarter ending December 31, 2006. (Community Development Commission/Finance) PUBLIC HEARING 24. 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 COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 6 NON CONSENT RESOLUTIONS 25. Resolution of the Community Development Commission of the City of National City approving 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) 26. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a one year lease with MRW Group, Inc. for office space at the National City Depot located at 922 West 23`d Street. (Community Development Commission) 27. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a one year Lease Agreement with the San Diego Electric Historic Railway Association for the operation and maintenance of the National City Depot at 922 West 23rd Street. (Community Development Commission) NEW BUSINESS 28. A report on the Request for Proposals for redevelopment, land use, and economic consultants related to the feasibility of a Harbor District Industrial Park suitable for the relocation of potential non -conforming uses within the City of National City's Westside Specific Planning area. (Community Development Commission) 29. Acquisition of an interest in real property owned by the Constellation Group consisting of approximately 1.2 acres, mid -block between National City Boulevard on the west and "B" Avenue on the east, and between 11th Street on the north and 12th Street on the south, and excluding the Enterprise Rent-A-Car property on the northeast corner of 12th Street and National City Boulevard. (City Attorney) STAFF REPORTS MAYOR AND CITY COUNCIL CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 3/20/07 Page 7 NEW BUSINESS (Cont.) CLOSED SESSIONS 1. Acquisition of an interest in real property owned by the Constellation Group consisting of approximately 1.2 acres, mid -block between National City Boulevard on the west and "B" Avenue on the east, and between 11 th Street on the north and 12th Street on the south, and excluding the Enterprise Rent-A-Car property on the northeast corner of 12`h Street and National City Boulevard. Negotiation Parties: Chris Zapata and Brad Rauiston Under Negotiations: Price and Terms of Payment 2. Conference and Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Roger Post, Walter Amedee, Manuel Rodriguez, Joe Smith, Minh Duong, Claudia Silva, Steve Berliner Employee Organization: Municipal Employees' Association ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — April 3, 2007 - 6:00 p.m. — Council Chamber - National City, California TAPE RECORDINGS OF EACH CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE I2E24 #1 3/20/07 CITY OF NATIONAL CITY <�rc�c�a�ncrti(iii WHEREAS, John Webster has served as General Manager of National City Transit since January 2004. Prior to coming to Southern California, John served in management positions in New Hampshire and New York State. He has almost 30 years of experience in the transportation sector; and WHEREAS, John joined the National City Chamber of Commerce Board of Directors in 2004 and served as President during 2005. John gave generously of his time attending up to 10 committee and hoard meetings per month, plus presiding over a monthly membership breakfast. John's full -hearted commitment extended to each Chamber event; and WHEREAS, As President, John has worked hard to make the Chamber a bridge connecting public officials and community organizations with the diverse National City businesses. Under John's leadership, improved communications and strong working relationships with the City government have been tinged; and WHEREAS, John also emphasized the Chamber's role as a marketplace of ideas and has encouraged all its memhers and community to be part of the public discourse about the issues facing National City businesses and residents; and WHEREAS, John strongly believes that the Chamher must provide quality leadership and service to the business community. As a result the Chamber's Board of Directors adopted 3 core priorities in 2005: • Advocate for its members • • Provide information about current issues Promote business growth WHEREAS, Under John's stewardship, the Chamber built new relationships, took strong positions, improved communications with its members and public officials, and presented a new vision of service to the business community. "FHERETORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, March 20, 2007 as: JOHN P. WEBSTER, SR. DAY And call upon all citizens of National City to recognize John P. Webster, Sr. for his dedication and contribution to the community. flank Party Luis "atividat C:ouncilmemher Ron Morison Mayor Fickle 1. nga Counc:.t:nenti Kos^G: Za k-rnincikvoinan ITEM #2 City of National City 3/20/07 Human Resources Department 140 East 12"' Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 RE -SCHEDULE OF FEBRUARY RECOGNITION MEMORANDUM March 7, 2007 .1.0 FROM SUBJECT Chris Zapata, City Manager Stacey Stevenson. Human is ces Director EMPLOYEE OF THE M TH PROGRAM The Employee of the Month Program is intended to corrumunicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Public Library to be recognized for the month of February 2007 is Mona Rios, Senior Library Technician. Mona has been invited to attend the Council meeting of Tuesday, March 20, 2007 and be recognized for her achievements and service. xc: Mona Rios Anne Campbell, City librarian Minh Doung, Principal Librarian Councilmember Natividad Human Resources — Office File SS:lgr ref formance it ecognuion Program i i , ® Rec\cleft Paper City of National City of National City Performance Recognition Award Nomination Form I nominate Mona Rios for the Performance Recognition Award for the following reasons: Mona is a valuable team player in the Children's Department. She exudes energy and creativity in the tasks she performs, resulting in high quality services as well as engaging and exciting programs for the children. She participates in the planning of programs and activities with care and precision, without forgetting to add a special little touch here and there for each event. Her warm, caring and outgoing personality makes the Children's Room a comfortable and welcoming place for both children and their parents and caregivers. As supervisor of the shelving team, Mona skillfully' coordinates staff and their work, making sure the books are re -shelved in a timely manner, the stacks are arranged in an easy way for library users to understand the classification system. Mona Rios has been with the National City Public Library since 1999. Iler enthusiasm and dedication, her alertness to library users' needs and desire to improve services have definitely made her an exemplary' employee deserving of the City's Performance Recognition Award. FORWARD COMPLETE NOMINATION '1O: National City. Performance Recognition Program I luman Resources Department Nominated by: Anne Campbell Signature Date: ITEM # 3 3/20/07 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL,/COMMUNITY DEVELOPMENT COMMISSION MEETING OF FEBRUARY 20, 2007 (CITY CLERK) ITEM #4 3/20/07 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT March 20, 2007 MEETING DATE 5 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council to approve. accept, and record Iarborview Condominiums subdivision map located at 8th Street and "D" Avenue (S-2005-11). PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering EXT. 4394 Mr. Riyadh Kafaji, the owner of the Harborview Condominiums Subdivision, has submitted a final map for the property located at 8th Street and "D" Avenue for the City Council's approval, acceptance, and filing with the County Recorder. The final map consists of 75 residential condominium units and commercial spaces. On December 19, 2005 the Planning Commission reviewed and approved the tentative map. The City Council approved the tentative map by Resolution 2006-35 on February 21, 2006. There was an amendment to the map that was also approved by Resolution 2006-266 on December 19, 2006. The amendment adds units and area to the project. The Engineering Department, Community Development Commission, and Planning Department now recommend approval of the final map. There are no street dedications on this map. 1 X Environmental Review N/A MIS Approval {Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No... Resolution Subdivision Map A-200 ;Rae. l;u3j RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT, AND RECORD THE FINAL SUBDIVISION MAP FOR HARBORVIEW CONDOMINIUMS LOCATED EAST 8TH STREET AND "D" AVENUE (S-2005-11) WHEREAS, at a regular meeting of the City Council held on February 21, 2006, the City Council adopted Resolution No. 2006-35 approving the tentative subdivision map for HarborView Condominiums located at East 8th Street and "D" Avenue, generally described as: Being a subdivision of Lots 1, 2, 3, 4 & 5, in Block 1 of T. Parson's addition to National City, being a subdivision of 10 acre Lot 16, in Quarter Section 154 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 57 filed in the Office of the County Recorder of San Diego County, April 26, 1881. 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 for HarborView Condominiums located at East 8th Street and "D" Avenue 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 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAP NO. 03Y I; ,rh: OVeir X. r.1En-S1C; t•i. VT,1".,1 Pv • A on• (c Am(Amm Aco , 44, (.0N5,3T.4.: Jr 7 k • 3.0Cr/343f() of •AEFE7• OriDO MIN 111M STATEME As at; hEr, mr A : • :AMA 0. 11(.1•1, cA(ActnA cwt.; .1 "•:.Iir (P. r.r, 13.5,3 5c c r•IIf1.IYfl )..intalx_s7rA Tu HARBORVIEW CONDOMINIUMS CASE FILL' NO. ,S-2005- 1 1 IN THE CITY OF NATIONAL CITY fl • • e.d. 245 rciCasOFC) 300.c• Al 55r0 A:111u4.y, ,Y; trn. 014 .7,Z714. '-E A.401 2005 n. A 'A•IN5 A• •5• EAD C.:,(AA AND • -A•• ".1 \ir ?Ar.r., Cr SAntr,...7)•-. 5-A3:33<...A1 71 Fr Nr , ‘,111.10vot,c1 • ot (ajac.I' rru risPOLIKR) AA 1,04A. A, I, 14 0r004 A• 33.2 C•771.•2, 444 r-1,01s.utlr • pti Arc., cr., irl kV, Afr • V. 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'ON dVW City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 6 ( JTEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute a Supplemental Agreement Number 005-N with the State Department of Transportation to obtain $2 Million (60.07% of total construction cost) State Transportation Improvement Program (STIP) funds for the improvements of the National City Boulevard Streetscape and 9Th Street Fountain Plaza PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT.4387 EXPLANATION In order to process the upcoming invoices through the Department of Transportation for reimbursement of the construction cost, the City must execute a program supplement agreement for the installation of landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and 2"d Streets. The improvements will also include the sidewalk area rehabilitation of an area on National City Boulevard between 12th and 7th Streets. The project will also include a Fountain Plaza Promenade improvement which will be installed on 9th Street between "A" Avenue and National City Boulevard. The construction cost is partially funded by State Transportation Improvements Program (STIP) funds. On November 13. 2006 after completion and processing of the environmental documents as required for all of the State funded projects, the City received an authorization from the California Department of Transportation (Caltrans) to proceed with the construction. The total amount of authorized funds for the construction is $2,000,000 (60.07% of total estimated construction cost). The purpose of this Resolution is to approve the attached Program Supplement Agreement No. 005- N to administrating Agency -State Agreement No.11-5066R for construction. See attached Caltrans L letter dated February 23, 2007, two original copies of the Agreement and other information. Environmental Review - x N/A MIS Approval (Financial Statement N/A >STAFF RECOMMENDATION Adopt the Resolution. Approved By: Finance Director Account No. BQARD / COMMISSION RECOMMENDATION N/A ATJACHMENTS ( Listed Below) Resolution No. _ 1. Resolution 2. Two Original Supplemental Agreements Forms with their attachments A ?!ni tRev. iiL3j RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 005-N WITH THE STATE DEPARTMENT OF TRANSPORTATION TO ADMINISTER AGENCY -STATE AGREEMENT NO. 11-5066R TO OBTAIN $2 MILLION OF STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FUNDS FOR THE INSTALLATION OF LANDSCAPED MEDIANS AND SIDEWALK IMPROVEMENTS ON NATIONAL CITY BOULEVARD, AND CONSTRUCTION OF THE 9TH STREET FOUNTAIN PLAZA PROMENADE IMPROVEMENT ON 9TH STREET WHEREAS, on November 13, 2006, the State authorized the City of National City to proceed with the following projects: 1. Installation of landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7th and 2nd Streets; 2. Sidewalk area rehabilitation (streetscape) of an area on National City Boulevard between 12th and 7th Streets; and 3. The Fountain Plaza Promenade improvement, which will be installed on 9th Street between A Avenue and National City Boulevard. WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the construction of the improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R for the Installation of landscaped medians and sidewalk improvements on National City Boulevard, and construction of the 9th Street Fountain Plaza Promenade Improvement. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CAUFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Govemor" DEPARTMENT OF TRANSPORTATION Division of Local Assistance LrTGINt^t'• i c17•' 1120 N STREET ��f,jr'� P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (91) 654-3151 Fax 6(916) 653-7621 1001 MAR _ ' 3 / February 23, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Attn: Mr. Stephen M. Kirkpatrick Dear Mr. Kirkpatrick: File : 11-SD-0-NATC RPSTPLE-5066(013) on National City Blvd. and Fountain Plaza. Enclosed are two originals of the Program Supplement Agreement No. 005-N to Administering Agency -State Agreement No. 11-5066R and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, ll �� f- =1 DENIX ANBIAH, Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAE - Erwin Gojuangco DEPAP.TMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL. PRCC:F.AM ACCOUNTING BRANCH Attention: City of Natioanal City FINANCE LETTER Date: 02/22/2007 Agency: 11 -SD-O-NATC Protect No: RPSTPLE-5066(013) EA No: 11-956395 11-212734 FINANCE ITEMS TOTAL COST OF FEDERAL PART1 FED. FED STIP STATE STIP LOCAL WORK i COST REIMB % FUNDS FUNDS H220 Construction Feo Partic: Totals: OTHERS $3,329,4811 - $2,000.00088.53 $1.770,60 $229,400 $1,329,481 • $3,329,481 62,000,00-0� $1,770,6011 $229,400 $1,329,4811 so. This Finance Letter was created based on specific financial Information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. gnature: _ Title: HO, Local Assistance Area Engineer - . . _ Rerrrks: Allocatico Lele:lor CTC s2.30o,pco For questions regarding finance letter, contact: Printed Name : WINTON EMMETT Telephone No: 916-654-6018 ACCOUNTING INFORMATION- RPSTPLE-5066(013) Fund Program Fed/State Encumbrance Amount Approp Year Expenditure Amount Reversion Date CriGR 9IP-STiP TRANS-S F $1,770,600 2006 $0 06/30/13 —I 071 k TIF STIP ENHMT i S $229,400 I 2006 I $0 06/30/12 I Page 1 of 1 PROGRAM SUPPLEMENT NO. N005 to AnNINISTERING AGENCY -STATE AGREEMENT FEDERAL -AID PROJECTS NO. 11-5066R Date:February 15, 2007 Location:11-SD-0-NATC Project Number: RPSTPLE-5066(013) E.A. Number:11-212734 Phis Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into 3etween the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. This Program iuppiement is executed in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached). ['he Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted e1ow obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth )n the following pages. PROJECT LOCATION: 3n National City Blvd. and Fountain Plaza. 1'YPE OF WORE: National City Blvd Streetscape Promenade project LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds $2,000,000.00 H220 $1,770,600.00 LOCAL $0.00 State $229,400.00 OTHER $0.00 :ITY OF NATIONAL CITY By Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date r hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic `hapter K > Date Statutes "Item i Year Program 47 2006 2660.101-890 2006-2007 20.30.600.731 47 2006 2660. 606 00S 2006-2007 20.30.600.731 BC 1 Cat(egory S 228010 C 22R010 Fund Source R92-F 008-0 $2.000,000.00 AMOUNT 1,770,600.00 2.29.400.00 Program Supplement 11-5066R-N005- ISTEA Page 1 of 3 I-SD-C}NATC 02/15/2007 1PSTPLE- 5066(0 1 3) SPECIAL COVENANTS OR REMARKS 1. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. 0. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 3. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Program Supplement 11-5066R-N005- ISTEA Page 2 of 3 t-SD-P}NATC ZPSTPLE-5066(013) SPECIAL COVENANTS OR REMARKS 0visn007 Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. ADMINISTERING AGENCY agrees, as a minimum, to subunit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 5. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. Program Supplement11--5066R-N005- ISTEA Page 3 of 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 7 AGENDA ITEM NO. tITEM TITLE Resolution of the City Council of National City authorizing the Mayor to execute a Supplemental Agreement Number 004-M1 with the State Department of Transportation to obtain Federal funds (approximately $2 Million) for the right of way engineering and acquisition costs for the Plaza Boulevard Widening Improvements between Highland and Euclid Avenues PREPARED BY Din Daneshfar DEPARTMENT Engineering Err,4387 EXPLANATION In order to process the upcoming invoices through the Department of Transportation for reimbursement of the right of way engineering and acquisition costs, the City must execute a program supplement agreement for the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (1-805). The project will widen portions of Plaza Boulevard, add capacity, and reduce existing congestion, decrease traffic delays, and maintain continuity in Levels of service (LOS) established by the City. The right of way engineering and acquisition costs are mainly (83%) reimbursable by the federal funds. On August 9, 2006, the City received an authorization notice to proceed with the right of way engineering and acquisition. The total amount of authorized federal Surface Transportation Program (STP) funds for the right of way engineering and acquisition is $2,000,240. The purpose of this Resolution is to approve the attached Program Supplement Agreement No. 00- M1 to administrating Agency -State Agreement No. 11-5066 for the right of way engineering and acquisition work. See attached Caltrans letter dated February 27, 2007, and two original copies of the Agreement along with other information. 9 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution11/11--it-e V BOARD / COMMI$$ION RECOMMENDATION N/A ATTASHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Two Original Supplemental Agreements Forms with their attachments A-200 (flev. 7/03) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. M004-M1 WITH THE STATE DEPARTMENT OF TRANSPORTATION TO ADMINISTER AGENCY -STATE AGREEMENT NO. 11-5066 TO OBTAIN APPROXIMATELY $2 MILLION OF FEDERAL FUNDS FOR THE RIGHT-OF-WAY ENGINEERING AND LAND ACQUISITION COSTS FOR THE PLAZA BOULEVARD WIDENING PROJECT BETWEEN HIGHLAND AVENUE AND EUCLID AVENUE WHEREAS, on August 9, 2006, the State authorized the City of National City to proceed with the right-of-way engineering and acquisition of land for the Plaza Boulevard Widening Project from Highland Avenue to Euclid Avenue; and WHEREAS, in order to process the invoices through the Department of Transportation, the City must execute Program Supplement Agreement No. M004-M1 to Administering Agency -State Agreement No. 11-5066 for the preliminary engineering services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Program Supplement Agreement No. M004 to Administering Agency -State Agreement No. 11-5066 for the right-of-way engineering and acquisition of land for the Plaza Boulevard Widening Project from Highland Avenue to Euclid Avenue. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CAUFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger, Governor - DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET p,O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax (916) 653-7621 February 27, 2007 Mr. Stephen M. Kirkpatrick City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Kirkpatrick: File : 11-SD-0-NATC STPL-5066(011) In the City of National City on Plaza Blvd from Highland Ave. to Euclid Ave W Enclosed are two originals of the Program Supplement Agreement No. 004-M1 to Administering Agency -State Agreement No. 11-5066 and an approved Finance Letter for the subject project. Please retain the signed Finance Letter for your records. Please note that federal funding will be lost If you proceed with future phase(s) of the project prior to getting the "Authorization to Proceed" with that phase. Please review the covenants and sign both copies of this Agreement and retum both to this office, Office of Project Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully executed. In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation only for seven years and the State funds are available only for five years. The attached Finance Letter shows these deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. If approved, the CWA may extend the deadline for up to one year for federal funds and up to three years for State funds. Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines. Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer. Sincerely, DENIX ANBIAH, Chief Office of Project Implementation Division of Local Assistance Enclosure c: DLA AE Project Files (11) DLAL - Erwin Gojuangco 7(71 DEPARTMENT OF TRANSPORTATION DIVISION OF_ ACCOUNTING ()CAL CAL PROGRAM ACCOUNTING BRANCH Attention: Citvof Natioan. City FINANCE ITEMS Add-1:i. Prchri;nary Engineering Erginee•ind & Administration Costs R,bV Acquisition Fed. Partici '.GU.CO`6 Remarks: ROW Totals FINANCE LETTER Date: 02/26/2007 Agency: 11-SD-O-NATC Project No: STPL-5066(011) EA No: 11-956123 TOTAL COST OF iFEDERAL PART.I FED. WORK COST . REIMB % $800,00d $800,0 1 88.53 S284,000 $284,000 82.98 $1,273,000 $1,273,000 82.98 $2,357,000 $2,357,000 FED FUND 1 FEDERAL FEDERAL LOCAL FUNDS, 0230 3480 $708,24 SOL L230 so $113,17 $d $• $122,49 $58,862. $997,47 $821,411 $58,862 $1,119,96 $216,66 $356, 76t'1 This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action. Sianature: Title: L:;cal Assistance Engr. For questions regarding finance letter, contact: Printed Name : Winton Emmett Telephone No: 916-654-6018 ACCOUNTING INFORMATION STPL-5066(011) Fund Program Fed/State Encumbrance Amount Approp Year Expenditure Amount 01 DH STP-MA-DB F �--$708,240 J 2000 $432,911.68 07DH _.A. STP-MINALLOC-DBI F - $1,292.000 2006 I $0 i. Reversion Date 06/30/07 06/30/13 Page 1 of PROGRAM SUPPLEMENT NO. M004 Rev. 1 to DMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5066 Date:February 22,2007 Location : 1 I- S D-O-N A TC Project Number : STPL-5066(01 1) E.A. Number:11-956I23 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into hetween the Administering Agency and the State on 07/24/97 and is subject to all the terns and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (Sec copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: In the City of National City on Plaza Blvd from I lighland Ave. to Euclid Ave TYPE OP WORK: Roadway Widening LENGTH: 1.2(MILES) Estimated Coat Federal Funds Matching Funds 34B0 $58,862.00 LOCAL OTHER S2, 357,000.00 1.210 $1,1 19,965.00 S356,760.00 S(1 00 $0.00 Q2,30 $821,413.00 CITY OF NATIONAL, CITY By Date Attest Title STATE OF CALIFORNIA Department of Transportation Ey Chief, Office of Project Implementation Division of Local Assistance Date T hereby certify upon my personal knowledge th budgeted funds are available for this encumbrance; Accounting Officer Date S2,000.240.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT 2000 2660•101-890 2.000 2001 10 30.010.810 C 262040 892-1' 708,240.(10 47 2006 2660-102-890 2006-2007 20.30.010 810 C 262040 892 F 1 ?92,000 00 Prcgram Supplement 11-5066-MOO4•R1 ISTEA Page 1 of q I I-Sp-O-NATC STPL-5066(01 I ) SPECIAL COVENANTS OR REMARKS 02/22/2007 I. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 2. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 3. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter,any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 4. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 5. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 6. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by ?rngrarr. 3upplement. 11-5066-M004 RI 1STEA Page 2 of 5 I1-sp-(-VAT(' STPL-5066(0I I ) SPECIAL COVENANTS OR REMARKS 02/22/2007 the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to"be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 7, The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 8. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. 0. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. Program Supplement:11-5066-M004-R1 ISTEA Page 3 of 5 I I -SD-O-NATC 02 22f2007 STPL 5(1S6(01 1) SPECIAL COVENANTS OR REMARKS 9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this agreement. ADMINISTERING AGENCY agrees that it will notify the STATE immediately, in the event a suspension or a debarment happened after the execution of this agreement." 10. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133 if it receives a total of $500,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A-133 superceded OMB A-128 in 1996. A reference to OMB A-128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A-133. 11. The Administering Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 .CFR Part 26. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The administrating Agency's DBE Race -Neutral Implementation Agreement is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recepient of its failure to carry out its approved DBE Race -Neutral Implementation Agreement, Caltrans may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 12. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for Program Supplement 11-5066-M004-R1 ISTEA Page 4 of 5 11-SD-0-'ATC STPL-5066(01 1) SPECIAL COVENANTS OR REMARKS a six-month period. 02/22/2007 If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Prograri Supplement 11-5066-M004-RI ISTF.A Page 5 of 5 City of National City, California COUNCIL AGENDA STATEMENT s MEETING DATE March 20, 2007 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City authorizing the Mayor to renew an agreement with PBS&J in the amount of $15,000 to provide As -Needed Financial, wastewater consultant Services for fiscal year 2006- 2007. PREPARED BY DEPARTMENT Joe Smith Public Works EXPLANATION ( EXT. 4587) This is an on -going agreement to provide as needed financial, wastewater consultant services for wastewater rate analysis, evaluation of the City's existing sewage capacity, cost -sharing analysis for joint capital improvement projects, review contract for sewer transportation billing between the City of San Diego and National City, Navy billing and contract issues, staff training for rate modeling as well as any additional service requested by the City. This will be on a task order basis and may include any or all of the above - mentioned tasks. PBS&J and the project manager, Karin Keese has preformed as National City's as -needed financial, wastewater consultant for several years and does hold a National City business license. Ms. Keese is also the financial consultant for both the Metro Commission/JPA and the participating agencies technical advisory committee. One of Ms. Keese's duties with these two committees is to act as their representative during San Diego's audit process to insure the accuracy of all charges to the participating agencies for transportation and treatment of sewage to Point Loma treatment plant. She was also instrumental in the development of National City's sewer service rate structure. Ms. Keese's intimate knowledge of not only National City's system but the region as a whole gives her valuable insight to assist the city with any of the above mentioned tasks as an as -needed consultant. Environmental Review X N/A i^ t / Financial Statement Approved By: The Contract is for consulting services on an as -needed base and the cost is not to exceed? 5 Jtpoer fiscal year without prior written authorization from the City. The details of the scope of services are outlined in Attachment "A". The fees and conditions are outlined in Attachment "B Account No 125 9??-2??-? 13 STAFF RECOMMENDATION Authorize the Mayor to renew the as -needed consulting agreement between the City of National City and PBS&J. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Attachment "A", Scope of Services 2. Attachment "B", Fees and Conditions 3. Agreement 4. Resolution Resolution No. 5. PBS&J Company Overview RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH PBS&J IN THE NOT TO EXCEED AMOUNT OF $15,000 TO PROVIDE AS NEEDED FINANCIAL WASTEWATER SERVICES FOR FISCAL YEAR 2006-2007 WHEREAS, the City desires to employ a consultant to conduct on -going as - needed financial wastewater consulting services for Fiscal Year 2006-2007; and WHEREAS, it has been determined that PBS&J is qualified by experience and ability to perform the services desired by the City, and PBS&J is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with PBS&J in the not to exceed amount of $15,000 to provide as needed financial wastewater services for Fiscal Year 2006-2007. Said agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney An employee -owned company February 22, 2007 Mr. Joe H. A. Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY Dear Mr. Smith: In response to your request, PBS&J is pleased to submit this proposal to the City of National City (City) for financial consulting services. PBS&J has in the past provided financial consulting services for the City including, but not limited to, the annual tax roll administration for the City's sewer service charges, determination and billing of sewer service charges for the Navy, and preparation of the City's most recent sewer rate case. I. SCOPE OF SERVICES Our proposed Scope of Services is outlined in Attachment "A.' I1. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B.' We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, Karyn Keese at (858) 514-1008. Respectfully submitted, PBS&J to Aguilar Associate Vice President KK:jlm c: Sara Maples, PBS&J File FI:Wdmin\Contracts\AN Proposal Letters\KK-Natlonal City Flnan cal SeMces.doc 9275 Sky Park Court. Ste. 200 • San Diego, CA 92123 • Telephone: 858-874-1810 • Fax: 858-514-1001 • www.pbsj.com An employee -owned company ATTACHMENT A SCOPE OF SERVICES AS NEEDED FINANCIAL SERVICES In response to your request, PBS&J is pleased to submit this proposal to you for financial services for the City of National City. 1. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: As Needed Financial / Accounting Tasks; This task provides for as needed financial services that include: A. Review of additional claim for capital costs from the City of San Diego and determination of what the true costs are and discuss course(s) of action with National City Staff. B. Review the potential impacts of Secondary Treatment on the City's sewer user rates. C. Update the City's current rate model with current budget cost to determine if sewer user rates are recovering current billings by the City of San Diego. D. Review the City's current capacity fee to determine if it is adequately recovering the costs of new development within the City. If fee is determined to be inadequate recommendations will be made to adjust the fee. II. ADDITIONAL SERVICES PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Attendance to additional meetings beyond those specifically identified in Section I. B. Assistance with public participation and communications, including planning and participation in public outreach programs, attendance to public meetings and workshops, etc. C. Any additional project related services not specifically included in Section I, Scope of Services. 9275 Sky Park Court, Ste. 200 • San Diego, CA 92123 • Tekphone: 858-874-1810 • Fax: 858-S14-1001 • w#t .pbs$.com Attachment A National City As Needed Page 2 of 2 III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or Its consultants: A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information or data. B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. KK: jlm c: Sara Maples, PBS&J File H_Wdmin Co tTw $$Ail Proposal lattars K Natiawt City Finarical SenBcsa.doc An employee -owned company ATTACHMENT B FEES AND CONDITIONS AS NEEDED FINANCIAL SERVICES I. FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, wig be provided on an hourly rate basis with an estimated upper limit of $15,000. B. The fees for the Services described in Section II, Additional Services, will be provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. KK:jlm c: Sara Maples, PBS&J File H:wdmk Contractawp Proposal latters\KK-National City FinuNal S.rvioss.doc 9275 Sky Park Court, Ste. 200 • San Diego, CA 92123 • Telephone: 858-874-1810 • Fax: 858-514-1001 • www.pbsj.com PBS An employee -owned company PBS&J CALIFORNIA ENVIRONMENTAL STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2007 ENGINEERING SERVICES Principal Engineer IV $219.00 Principal Engineer III 209.00 Principal Engineer II 189.00 Principal Engineer I 179.00 Supervising Engineer II 165.00 Supervising Engineer I 166.00 Senior Engineer III 139.00 Senior Engineer II 133.00 Senior Engineer I 123.00 Engineer III 118.00 Engineer II 114.00 Engineer I 103.00 Engineering Aide 67.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $139.00 Construction Manager 124.00 Senior Project Engineer (Const.) 129.00 Senior Field Representative* 108.00 Construction Management Rep. II* 92.00 Construction Management Rep. I* 84.00 Prevailing Wage Field Rep.'* 114.00 Sr. Contract Administrator 104.00 Contract Administrator 82.00 OTHER PROFESSIONAL SERVICES Principal Professional $185.00 Supervising Professional 170.00 Sr. Professional DI / Sr. GIS Analyst III 146.00 Senior Professional II / Sr. GIS Analyst II 135.00 Senior Professional I / Sr. GIS Analyst I 122.00 Professional II / GIS Analyst II 101.00 Professional I / GIS Analyst 1 88.00 EXPENSES AND OUTSIDE SERVICES In addition, identifiable emanate*, costa that ere directly attributab1 to the project such as reproduction moats teiephone charges, mileage, postage, etc., are billed et actual coat plua 15 penant to cover overhead and administration plus 9 potent Jar insurance casts DESIGN & GRAPHIC SERVICES Senior Designer III $133.00 Senior Designer II 128.00 Senior Designer I 118.00 Designer II 108.00 Designer I 97.00 CAD Technician III 92.00 CAD Technician II 80.00 CAD Technician I 67.00 Graphics Designer II 97.00 Graphics Designer I 93.00 ENVIRONMENTAL SCIENCE Supervising Scientist $189.00 Senior Scientist III 179.00 Senior Scientist II 170.00 Senior Scientist I 135.00 Scientist III 125.00 Scientist II 116.00 Scientist I 98.00 Assistant Scientist 82.00 Research Assistant 57.00 ADMINISTRATIVE SERVICES Senior Administrator $120.00 Senior Administrative Assistant III 95.00 Senior Administrative Assistant II 85.00 Senior Administrative Assistant I 80.00 Administrative Assistant III 70.00 Administrative Assistant II 65.00 Administrative Assistant I / Clerk 57.00 Principal Engineer IV and litigation support rates negotiated on a contract by contract basis Computer tided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. • Non -Prevailing Wage ** • Prevailing Wege Rate - Overtime will be charged at 1.25 times and Sundays and holidays, 1.70 times the above rates If applicable, a vehicle allowance of 2900.00 par month will be charged fir the use ore company vehicle assigned to a f 11-rime impactor. Thia monthly allowance will be prorated based upon hours worked fir Dart -time inspection Flan kir litigation and expert witness services will be charged at 245(100 per hour with a 4-hour minimum per day. Fees for eubcamultant xervion pmvidod are billed at actual cost plus 15 percent to cover overhead and adminwtration, plus 3 percent for insurance costa. PAYMENT TERMS A late payment finance charge at a rate of 18 pam+nt per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This Hate ancedule is subject to annual and/or periodic revisions as msomary 4a sruomaadata inflationary trends, salary adjustments and the emend mate arf Iwaimea t'admtn'.le Admvas.PIRSIkd STANDARD RATbS`.env .at atd TV* 0101 on Wild dot. 9275 Sky Park Court. Ste. 200 • San Diego, CA 92123 • Telephone: 858-874-1810 • Fax: 858-514-1001 • www.pbsj.com ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/03/2006 PRODUCER (305)822-7800 FAX (305)827-0585 Collinsworth, Alter, Fowler, Dowling & French Group Inc. P. 0. Box 9315 Miami Lakes, FL 33014-9315 THIS CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INsuRED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 INSURER A. Lloyds of London A XV INSURER B. INSURER C. INSURER 0 INSURER E: G THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VS TR AMY!• TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE GATE IMMIDDNYI POLK:Y EXPIRATION DATE/MWDDM/1 LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PRFMIRFS (Fe nmwnra) $ 1 CLAIMS MADE t I OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S —7 POLICY n PRO- JECT 7 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident $ BODILY INJURY (Per pen) pawn) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESSAIMBREUA (LABILITY EACH OCCURRENCE $ lOCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEEL OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WH- O STATU- 7 RY LIMllTS FOR. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ F L DISEASE - POLICY LIMIT $ OTH Professional / Pollution Liability LDUSA0600811 CLAIMS -MADE FORM 09/30/2006 09/30/2007 S1,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate 9CRIPT1ON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS t:Tax Roll Admin FY 04/05. ERTIFICATE HOLDER National City, City of Attn: Joe Smith 1243 National City Boulevard National City, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Meade Collinsworth/FVM :ORD 25 (2001/08) FAX: (819)338-4594 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 20th day of March, 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct on- going as -needed Finance!, Wastewater consulting services for Fiscal Year 2006-2007 WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT Is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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. 3. PROJECT COORDINATION MD SUPERVISION. Revised August 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within. the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT,s employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subcontractors, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub CONSULTANT (s) shall require the sub CONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANTs employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANTs obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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 CONSULTANT, and each of its sub CONSULTANTs, 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 CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 61 Revised August 2003 CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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 CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already .in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In Its performance hereunder, the CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless 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 CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT 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 Califomia Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, 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: XD A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 gi Revised August 2003 the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANTS breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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, retum 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 7 LC,/ Revised August 2003 Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY. for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the Interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment (o this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior 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 9 Revised August 2003 An employee -owned company February 22, 2007 Mr. Joe H. A. Smith Acting Director of Public Works City of National City 1243 National City Blvd. National City, CA 91950-4301 SUBJECT: PBS&J COMPANY OVERVIEW PBS&J is a multi -service consulting engineering firm organized into technical divisions that integrate comprehensive environmental, civil, and transportation engineering; environmental sciences; architecture; construction management; and information technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is consistently ranked among the top ten percent of design firms in the nation. Established 45 years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design. Our Southern California staff includes more than 200 full-time employees in our San Diego, Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled in a wide range of disciplines, including specialties that include water and wastewater engineering, civil and structural engineering, transportation, planning, surveying, and financial management services for various public works projects for city, county, state, and federal agencies. At PBS&J our vision is to be recognized as the consultant of choice through sincere commitment to client service. We consistently offer services that are backed by the resources of a large national organization combined with the dedication to personal service often found from a small local firm. PBS&J 9275 Sky Park Court, ste. 200 San Diego, CA 92123 Ph: 858-874-1810 Fax: 858-514-1001 IS, 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878- 514 -1008 • www.pbsj.com City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2007 AGENDA ITEM NO. 9 ITEM TITLE: NEIGHBORHOOD COUNCILS MONTHLY REPORT FOR FEBRUARY 2007 PREPARED BY: Rudy Lopez-V DEPARTMENT Community Services (619) 336-4560 EXPLANATION: Please see attached report. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Receive and file. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Neighborhood Council NIonthly Report —February 2007 COMMUNITY SERVICES DEPARTMENT Neighborhood Council Program MEMORANDUM To: Mayor and City Council; Chris Zapata; Leslie Deese; Rudy Lopez From: Lauren Lauletta & Erica Belandres RE: Neighborhood Council February 2007 Wrap -Up "Grander" (February 1): • Residents in attendance: 12 • City staff in attendance: 2 (PW, PD) • Action requests submitted: 1 • Presentations: San Diego Regional Energy Office Shade Tree Program. • Action requests submitted for January: 4 • Action request pending: 1 • Average number of days taken to complete an action request: 8 "Northside" (February 7): • Residents in attendance: 17 • City staff in attendance: 2 (Mayor Morrison, PD) • Action requests submitted: 6 • Presentations: San Diego Regional Energy Office Shade Tree Program, John Kirk (CPRC) and RoseAnita Hernandez -City Council Student Representative. • Action requests submitted for January: 7 • Action request pending: 1 • Average number of days taken to complete an action request: 8 "Eastside" (February 8): • Residents in attendance: 19 • City staff in attendance: 3 (Mayor Morrison, Vice Mayor Parra, PD) • Action requests submitted: 3 • Presentations: San Diego Regional Energy Office Shade Tree Program and Vice Mayor Parra reread the Proclamation given to the 670th Army National Guard at the February 6th City Council meeting. Also the Granger, Northside, and Old Town Neighborhood Councils presented Certificates of Appreciation to the National Guard. • Action requests submitted for January: 4 • Action request pending: 0 • Average number of days taken to complete an action request: 3 MLK COMMUNITY BUILDING • 140 EAST 12' STREET, SUITE B • NATIONAL CITY • CA 91950 TEL iG19) 336-4560 • FAX (619) 336-4292 1 "Central" (February 14): • Residents in attendance: 13 • City staff in attendance: 0 • Action requests submitted: 5 • Presentations: San Diego Regional Energy Office Shade Tree Program and RoseAnita Hernandez -City Council Student Representative. • Action requests submitted for January: 5 • Action request pending: 1 • Average number of days taken to complete an action request: 8 "Olivewood" (February 21): • Residents in attendance: 9 • City Staff in attendance: 1 (Mayor Morrison) • Action requests submitted: 3 • Presentations: San Diego Regional Energy Office Shade Tree Program, Wade & Associates on the National City Boulevard Streetscape project, and RoseAnita Hernandez -City Council Student Representative. • Action requests submitted for January: 3 • Action request pending: 2 • Average number of days taken to complete an action request: 18 "Old Town" (February 22): • Residents in attendance: 9 • City Staff in attendance: 4 (Mayor Morrison, PW, PD, FD) • Action requests submitted: 6 • Presentations: San Diego Regional Energy Office Shade Tree Program, Wade & Associates on the National City Boulevard Streetscape project, ACTION Network "Against Child Trafficking & the Prostitution of Teens In Our Neighborhood', and Maria Batasin-City Council Student Representative. • Action requests submitted for January: 7 • Action request pending:2 • Average number of days taken to complete an action request: 4 "Sweetwater Heights" (February 28): • Residents in attendance: 6 • City Staff in attendance: 1(Fire Department) • Action requests submitted: 3 • Presentations: San Diego Regional Energy Office Shade Tree Program and the ACTION Network 'Against Child Trafficking & the Prostitution of Teens In Our Neighborhood': • Action requests submitted for January: 4 • Action request pending: 0 • Average number of days taken to complete an action request: 8 Totals (February 2007): • Residents in attendance: 85 • Action requests submitted: 27 • Translation: 0 • Action requests submitted for January: 34 • Action requests pending from January: 7 • Combined average of days taken to complete an action request: 8 City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE March 20, 2007 AGENDA ITEM NO. 10 / ITEM TITLE WARRANT REGISTER # 32 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco (i 1 g-336-4330 Ratification of Warrant Register # 32 per Government Section Code 37208. 2 CEnvironmental Review N/A Financial Statement Not applicable. Approved By: (9,..4ri Fin nce Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,512,330.27 BOARD / COMMISSION RECOMMENDATTION zi.I ha6,61,6(i ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #32 2. Workers Comp Warrant Register dated 2/7/07 3. Payroll register dated 2/7/07 of Nalionai City WARRANT RF.Cati rut. +32 2/13,2007 PAYEE HAVLE ENTERPRISES HERNANDEZ PARRIS BULL. SD FIRE RESERVE FOL'NDA FION CATANZARITA CATANZARITA SAMANIEGO INTERNATIONAL CODE COUNCIL IN ACCOUNTEMPS ACE UNIFORMS & ACCF.SSORIES.INC AMARR ENTERPRISES AMERICAN BACKFLOW SPLCIALTI ARCO GASPRO PLUS ASIAN JOURNAI. BCM MECHANICAL INC. BEST BEST & KRIEGER LLP BEST BES"C & KRIEGER LLP BOEGLER CAL EXPRESS CALIFORNIA COMMERCIAL Sl:CURI c:ALIFORNIA FIRE. MECHANICS CALIFORNIA PEACE OFFICERS' CALPELRA CAPPO 1NC DESCRIPTION METAL CARABINER W/WOVEN ADV SIJBSISTENCE'FIELD TRAINING ADV LODGING & SUBSISTENCE SD PROJECT HEARTBEAT CONTRIBUTION ADV DISABILITY PENSION JAN 2007 ADV DISABILITY PENSION FEB 2007 DIR DEPOSIT RETURNED BY BANK 2006 IBC TTALARDOUS MATERIALS TEMP SRVCS M REBEI.EZ W/E 01.2E;07 RIBBONS, GREENrW'HITE. T-SHIRT. WHITE SIZES FEBCO REPAIR ASSEMBLY KIT, FUEL FOR CITY VEHICLES AL) - FINANCE DEPT/ ACCOUNTING IIVAC MAINTENANCE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS SUB & TRAVEI. REIMB C. BOEGLER CAL EXPRESS-JAN 07 MOPF;45754-MA TERIAI.S FIRE MECHANICS REG ' R. HUERTA .ADV REGISTRA TION ..1. TLLLEZ MEMBERS/1IP APP & ANNUAL DUES MEMBERSHIP RENEWAL DUES-R BODGES CI-IK NO DATE AMOUN 21303I 2/7/07 2,169.09 213032 2'7:07 468.00 213033 2.' 7:07 468.00 213034 2/7/07 6,50(3.00 213035 2/ 12:07 2,887.61 213036 2:12:07 2,887.61 213037 2.12:07 100.00 213033 2/13/07 60.00 213039 2/13 )7 1,480.00 213040 2'13/07 380.63 213041 2.' 13/07 288.19 213042 2/13/07 452.15 213043 2/13/07 20,15,1.67 213044 2113/07 200.00 213045 2' 13:07 150.00 213046 2113/07 2,565.85 213047 2.13107 150.00 213048 2:I./:07 92.38 213049 2' 1 )1)7 4 1 .2.0 213050 2; 13 (17 12.72 213051 2 I1;07 495.1)1) 21305? 7113.'07 580.00 21305.1 2. 13/0 7 270.00 713054 2:13'07 130.00 1 CARDIAC SCIENCE CORP CARQIJLST AI:TO PARTS CERTIFIED I.ARORATORIES CFIRIST.\L\S IN JU1.,Y CITY OF LOS AN(GLLES CLAIMS MANAGEMENT ASSOCIATE CLEAN HARBORS Cv1RTA COPY WORLD CORPORATE EXPRESS CPI. CABLE, PIPE. St LEAK DETECT. DAPPER TIRE COMPANY DEESE DELL MARKETING CORP DEPARTMENT OF TRANSPOR RATIO DEPT OF JUSTICE DLXIELINE UNIFIER CO. DREW FORD DSI. EXTREME ENVIRONMENTAL. RECOVERY SERV ESGIL CORPORATION EXPRESS TEL FEDERAL SIGNAL CORPORATION FEDEX FEDEX FIRE ETC FIRE PREVENTION SERVICES INC GARCI:\ GF. I.SKEY GI.NFSIS COATINGS, INC. GFOA CHUM GOLDEN R('I.F. CREATIONS GORVISFIN _APPLIANCE CO :ADIJI.T ELECT RODLs A"r.D 63 V9�)1' I:357-P.ARTS SURE FLOW li. 32 OZ FEB RENTAL FEES FOR 2')32 L3 AV E ADV REGISI -.ARREST & CON IR(:)I. LIABILITY CLAIM COSTS HAZ:\RD(-)LS V.\SFL PICK UP JAN 2007 CMR MEMEBERSFiII' FOR 2007 FILE OL l'PLT.'PROOFS. MOP 04570.1 - PEN LOCATED LEAK ON 2" I'VC TEE TIRES ADV SUBSISTENCE - L. DEESE 2POST MOl:NTING Kil SIGNALS & LIGHTING - DECEVIBER 2006 FINGERPRINT TEST SUBMISSION MOP 45707 MATERIALS ATOP h49078 PARTS DSI. SVC CUBIC YARD BOXES FIRE PLAN CIIECK SERVICE - DEC 06 PD PAGER SVC 1120-1.20.07 LABOR. SERVICE DEPT SHIPPING FEE: DELIVERY OF MCLE TAPES USBBK REDI3ACK BOOTS FY 06-07 ,\PPORTIONMEN T �6 :AI)V SL'BSISTENCE.'TRAVEL-GARCI:\ ADV SUBSIS FENCE K. GLI.SKEY GRAFFITI REMOVAL CHEMICAL. BOOK ORDER - FESS L;VIF['EC1) SIB R TRAVEL RFI\IB '('. GILDD PARAMEDIC DABS. SERVICL C.-\LL. 31;_5 iU' 930.�i11 ;036 2 1 3; 0 7 71.16 21305' 2 1_,U7 474.99 213053 2.13.07 3,000.00 2130.9 '213/07 1,083.00 213060 2/13;07 344.50 21 ;061 2. 13;0' 737.00 21.1062 2.13;0; 50.00 2 1 3063 2' 13'07 336.54 213064 2: 13 07 182.40 213065 2.13/07 260.00 213066 2,13/07 5,131.05 213067 2 13,07 384.00 213068 13 07 169.54 213069 2/13:07 3,161.03 213070 2 13;07 128.00 213071 2' 13,'07 356.84 2130722.'1.1:07 32.83 21 3073 2' 13:07 53.88 213074 2,'13/07 268.03 213075 2;13;07 1,500.00 213076 2: 13.'0 7 149.85 213077 2,13:07 106.47 213078 2/13/07 26.19 213079 2.'13.07 17.19 213080 21 3/07 156.24 213081 2;1 3, 07 1,136.02 I3082 2;1 07 1,69 '20 213083 ' • i :'07 312.00 213084 213.07 2 8.1.51 1' 1 1085 _ . 3 07 5 :.00 . ;086 2:13;07 T3(i 213087 2.13.07 133.0+ 213088 2 13 07 81.20 tre GRAI:NGER Y D,\NTi'E CHENIICAL SERVICES HEA.::T}l DIMENSIONS HILTON SACRAVIENTO HODGES HOME DFPO"L GLUE HORIZON IILALTH EAP HUERTA IMPERIAL FISH MARKET .IEFF KA 1'L ARCHITECTURE JJJ ENTERPRISE KNOX COMPANY LASER SAVER INC LEAGUE OF CA CITIES- LE.XIS-NEXIS LEXISNEXIS LINCOLN EQUIPMENT INC. LOPEZ MAAC PROJECT MAYER HOFFMAN NICCANN P.C. NLAYER REPROGRAPHICS MEDTRONIC EMERGENCY RESPON MEXICAN AMERICAN BUSINESS & MILE OF CARS ASSOCIATION MILLER MOBILE CONCEPTS BY SCOTTY MORE DIRECT MIOR(ENO NIORGAN SQUARE. INC. NIOIIv\PION.\1 SYSTEMS INC NIX LOGIC. INC NAI'A AUTO PAR I S NATIONAL CI 1 Y 1 IL. -AM NEXLS ;NTEGRA I LD SOLUTIONS LIGHTWEIGHT FOLDING TABLE DLLERGENI PROMOTIONAL ACTIVITIES HOTEL \CCOMODATION - R HUERTA TICVL LAP R.EIMB-CAPPO CONFERENCE I !LXNIJTGA. 5/16 EMPLOYEE ASS I' PROGRAM - JAN 07 AIRFARE REIMB - RUBEN HUERTA REFUND OF BANNER ADMIN FI/[ ARCHITECTURAL SERV FEE/ JAN 07 ALARM SVC, EI.P.VATOR TEST 4400 DRUG VAl IL F. MOP 45725 - HP COMPATIBLE MEMBERSHIP DI;E.S - YEAR 2007 CA LEER DESKTOP PENAL 07 MISC CHARGES FILTER CARTRIDGE TRANSLATION SVCS ON 2/6.07 CONTRACT -LEAD I IAZARD DEC 2006 ANNUAL AUDIT OF CNC Y,E 6-30-06 DIGITAL BOND.-PRINTS/DELIVERY LPI2 DEFIB%NION, ADAPTIVE MEMBERSHIP - 2007 ANNUAL FEE FY 06-07 APPORTIONMENT46 ADV SUB & TRAVEI. ' C. MILLER 213114 SCOTTY FIRE SAFETY HOUSE PANASONIC MODEL RFFI IND - SEWER SRV OVERCHARC;P: FY 06-07 APPORTIONMENT =6 FC)f. R LIBRARY SIGNS: COPY ROOM. WING. AN LI-SP.\M FILTER SVC FOR EMAIL MUP" 45735- PAR ES NCI: AC CELF.B!z,=v PION' APR 1, 2007 NE(' "SOFT,VARI- :vL\1NTENAN(.1 213030 2r1.1 1); 2.239.69 213090 2, 1 3 lT 148.45 21.3091 i 07 150.00 213097 2.'13,07 •176.95 213093 2:.13 07 655.9 213094 2'13,0 58.20 213093 2;13'07 809.08 213096 2;13:07 278.80 213097 2'13'07 1,975.00 213093 2; 1 3/07 984.00 213099 2/13,07 382.50 213100 2! 1 3; 07 494.57 213101 13:0' 277.15 213102 2:1.3'07 17,550.00 213103 2. 13i0 7 79.06 213104 213/07 13.82 213105 2 13 07 310.92 213106 2/ 1.3;07 100.00 213107 2:13:07 28,568.00 213108 2 13 :07 17,015.00 213109 2. 13.'07 179.02 213110 2'13/07 29,850.59 213111 2/13i07 250.00 213112 2"13i07 45,823.15 213113 2' 13/07 560.15 213114 2/13,07 50,414.00 213115 2:13.07 972.23 213116 2.' 1 :0' 817.92 213117 2'13:07 63.465.00 213118 2 13.'0"- '49.29 213119 2:1;,0-3 441..00 213120 1.13,07 7.08 2131"3I 13.07 30.00 21312.3 2: 17.07 812.00 1 NONPROFll ? I:\NAGF.NIENT SOLL T PARTS PLUS Al; FOSfORE 4713 PERRY FORD PFRVO TRAFFIC CENTER l'I-IIL:\M 131D PIIILLIPS PIERCF. M:\NUF:\C1 LIR I\G I\C P.VI W ASSOC IA FLS POWER STRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC AGENCY TRAINING COU"NCI PUBLIC ENIP RETIREMENT SY'STF.M R.J. SAFETY SUPPLY REGIONAL. CO\INIUNICA FIONS SYST RIVERSIDE COUNTY SI IERIFF DEPT RJR\ MANAGEMENT SERVICES RON BAKER CHEVROLLT-GEO-ISUZ SAN DIEGO FITNESS EQUIPMENT SAN DIEGO PET & LAB SUPPLY SAN DIEGO TREASURER SYMPOSIU SRC:MCI SBC;MC I SD SHERIFF K9 FUNDS INC SDAPA SDAPSD SDG&E SHIFT CALENDARS INC. SOLANA CEN FI:R SOLUTIONS SAFETY SERVICES, INC SOLUTION; CONFERF.NCING INC SPECIALTY LIGHT !N'G SPECFECII. INC. STE'i ENS CONSIRL:C TION SUN BADGE CON1P.-ANY INC. \I':\ N:\I'LCON/ RL.L-\ REEDER \IOI' 640)46-P,ARI S03 CORD CROVAV ':'I( 10l MOP --1�70: REP. -AIRS TO'03 CRO '•1 V'ICIO NIOP =63846 - bA FARING APP;\Rl_1..-FO(; IP DI' ROUND TABLE DISCUSSION ADV SI `BSISTENCL 'V PHILLIPS UNPAIN 1 ED SHELVES .-\DV TUITION - LESLIE DELSE. 67339 13A FIERY NIOP'4574.' - TOWEL & LAUNDRY RACK HANDS-ON ELECTRICAL FIRE ADJS FOR SERVICE PERIOD 07-06-3 JACKET. ORANGE. FLOURES(:I'NT RCS RADIO \LAItiTLN.AN( F. JAN 2007 ADV REG - RADAR & LIDAR COURSES ADVERTISING -DIRECTOR OF H. R. \IOP-4575I - PARTS EXERCISE LQI;IPMENT REPAIR MOP 4-15753 - PF 7 FOOD & SUPPLY REG - CASH HANDLING SEMINAR 337-257-0757 SVC: 12.01-01.06/07 619-477-9751 SVC l) i. 1 3-02.`12.07 ADV REGISI-RO(iNDS.RALIIREZ JOB ADVERTISEMENT ADV REG - PAS 1 RANA & NL\RI'INEZ STREET DIVISION GAS & ELLE I RIC CHARD DESK PAD . 07. EQUIPMENT & L ABOR BETWEEN 10-06, 131 (UDE 107. RLPI..-\CE RIVET POI.YCO\I QUAD BRI MODULI. 1_I(il11 BULBS «, L ANTES TR.ASI I BAG 'TIES. LARGE. CINCH 200. SRVCS RI..MODEL (DLL) LII3RARY REGI.'I AR TWOTONE li-\DGF. 2 1; 1 :'.) ' I: U 7 85.00 213 12;; 2- 13 07 54.69 213125 ,i)07 330.'=C' 213176 2' 1 3; 07 979 1 ; 127 2;13.07 11:.00 21312e :13.07 512.00 213129 2:13,07 527.61 213130 2:13:07 304.00 213131 2i13;07 207.33 213132 2; 1 3:07 • 103.03 213133 2:13r07 295.00 213131 13;07 146,662.56 213135 2'13,07 471.3. 213136 2.13,07 8.877 50 2131i7 2:13:07 194.00 21313s 2.13:07 76.15 213139 2.13,07 13.24 213140 ;13,07 445.00 213141 2.13:07 344.1. 2131-12 2:13;07 75.00 213143 2; 13;07 862.06 213144 2;13 07 73.91 213145 2;13�07 300.00 213146 2:13;07 25.00 213147 2. 13,-07 70.00 213143 2:13.07 5.1,054.02 213119 2; 13. 07 1 3.39 213150 113.07 313.73 213151 2:13.07 150.10 2131Y 213,07 li.-l10.72 213153 2.13 07 ; 30.79 213 154 ... 13.07 213155 2 13.07 11.119.71.. 21 3 1 56 2.13 (T,- S. 8 i f ,••••11 DIE 1 IGHTHOl 'SI INC 11 IF STAR NP,Ais 1'1 DLGRLI, COMMLENICATIoNs us HEALIHWORKS UNDERGROUND SERV AI FRI VALLEY INDusTRLAL (.41,1 cLAL lks VERIZON WIRELESS - SD WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC .SUPPLY ZAPATA ZUMAR INDUSTRIES ARCO GASPRO PLUS AT SYSTEMS \VEST INC AVAYA, INC CINTAS FIRST AID & SAFETY COLORALL TECHNOLOGIES 1)IXILLINL LUMBER CO EW CK & EQUIPMENT CO INC FLEET SERVICES, INC GREAT AMERICAN INSURANCE CO .IIMS GLASS & SCREENS KI\II3ALL MIDWEST LASER SAVER INC NEW FLYER PARTS PRUDENTIAL INSURANCE %IOC' 4 Al I-1ONIOTIVE PARTS AD -Pi iru tiFARINCi ORDINANCE AI)V REGISTRATION - KEN GELSKEY NIEDICAL SERVICES SERVICE CHARGES 9:3 1 ICKI.IS 464.33 Pl..1113ING MATERIAL REPLACENIF.N CELL PI IONE SVC 1.2.:26-01.'25.;07 MOP46.33 - AUTOMOTIVE PARTS MOP #4576 - SUPPLY MEAL, REIMBURSEMENT SIGN, 24X30.080 ALUM :3030 FUEL FOR STAFF VEHICLES ARMORED CAR SR VCS FEB 2007 AUTOMATED PHONE. SFRV1CLS I CABINET ORGANIZED BUS REPAIRS SHOP SUPPLIES BUS PARTS NIOPt46780443115 PARTS WORKERS COMP REPLACE GLASS ON BUS 6016 SHOP SUPPLIES YELLOW TONER BUS PARTS LIFE INSURANCE; FMB '07 REGIONAL COMMUNICATIONS SYST 800 MHZ NETWORK RADIOS USAGE JAN 20C SAN IEGO BUS DRIVERS UNION SAN DIE( () FRICTION PROD. SAN DIEGO GAS & ELECTRIC SOUTHCOAST MEDICAL CLINIC SUPERIOR ( :LEANING EQUIPNIEN1 UNIF1RS W.W. GRAINGER. INC. f3AYSHORI: TRANSIT MGNIT INC UNION DUES JAN 2007 BUS PARTS GAS & ELECTRIC SERVICES PRE-EMPI .0Y \11'.NI 2 4-01212 TRIGGER GUN MAINTFNANCL LAUNDRY SERN/1CF si top SUPPLIES PAYROI I. FOR CI IECK DATED (17 213157 213.07 459.1.3 213158 2,13'07 46.13 21;1-50 ;A% 345.00 21316) 7;13:07 555.00 213161 113/07 289.60 213162 2:13..07 2,59.9.5. 213163 2:1307 50.76 213164 213;07 252.56 213165 213/07 233.66 213166 113,07 164.71 213167 2/13;07 554.28 21316S 7:13;07 473.37 21310 11307 339.29 213170 21107 ,46.88 213171 2 1307 ! 19.45 2131 2 13,07 1,000.00 213173 213/07 176.20 213174 211'07 245.39 213175 213/07 429.75 212176 213/07 10,623.92 213177 713107 562.37 213173 2.13;07 262.46 213179 2/13/07 172.36 213180 1'13/07 1,531.57 213181 2.1107 248.79 213182 2/13;07 609.50 213133 2.13:07 1,233.00 213184 2:13,07 1,312 5 213185 2..13 '07 2,046.09 213136 21107 24 1.00 213137 2.13.07 224.1.2 213188 .2 i;07 7-1.19 -11319 2. 3.07 67.60 ; 2;13,07 54,643.33 1 PR.i`I( i!'\ I.'.\\CI:1L GF.OI:I' 401K P.A'rKti1.1 03:07 213191 ',615.37 Workers compensation checks Total 700, 723.13 12740 2-7,01 1 44 16 12741 2 7 07 134 70 12742 2:7.'07 33.94 12741 2'7;07 679.03 12744 27:07 130.67 171745 2:7'07 27.34 12746 2'7:07 105.45 1 ,747 2/7.'07 206.95 12743 27'07 47.60 12749 2,7.07 59.79 12750 _ 7 07 '117.:S 12751 2:7.07 121.35 12752 2'7.07 121 35 12753 2:7.07 38.20 12754 2j7:07 12755 27.07 210 11 12756 2:7.07 69.50 12757 2 7;07 250011 2 ' 7.07 169.05 12759 2:7,07 374.00 12760 2/7:07 440.00 17767 2'7 07 440.01) Total 4,2S3.03 rural 705,01 1.16 PAN ROLI. P:1v 290 Stan Dal,, 1/16/07 TRANSIT WA ! .4;‘1TS Lta:I i'•Ue 2_9/07 (TLetk Date _/ /I» T.0'I:Ai. $8;)7 ,31%. 11 CHECKS 2131.68-213190 CKS 2; GRAND TOT II. $1 ,51 ,330.21 'PIY1AL 79,497.61: City of National City, California COUNCIL AGENDA STATEMENT `:..JEETING DATE March 20, 2007 AGENDA ITEM NO. 11 (-ITEM TITLE WARRANT REGISTER # 33 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Tess E. Limfueco 61 9-336-94330 Ratification of Warrant Register # 33 per Government Section Code 37208. CEnvironmental Review _ N/A Financia[tatement Not applicable. Approved By: "���'v` Fin ce Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,456,209.22 BOARD / COMMISSION RECOIy}MENDATIO d2� ATTACHMENTS ( Listed Below ) 1. Warrant Register#33 2. Workers Comp Warrant Register dated 2/14/07 Resolution No. City of National City WARRANT REGISTER # 33 2/20/2007 Payee Description chk no chk date amount ACOSTA LICENSE REIMB - VICTOR ACOSTA 213192 2/20/2007 124.00 AEARO CO/AOSAFETY PRESCRIPTION GLASSES IP MC:DANIEL 213193 2/20/2007 137.45 AIRGAS-WEST MOP ;i45714 GLOVES 213194 2/20/2007 33.70 AMERICAN ROTARY MOP #62683 PARTS 213195 2/20/2007 171.09 BANK OF AMERICA CREDIT CARE) PYMNT 213196 2/20/2007 1,231.62 IAVENCOFF ADV SUBSISTENCE-BAVENCOFF 213197 2/20/2007 312.00 .CK CHIEF OFFICERS COMMITI'LE FYO % MEMBERSHIP FOR CHIEF JUNIEL 213198 2/20/2007 120.00 BLA(.'KIE'S TROI'IIIES ANI) AWARDS MOP 467727 • NAME. TAGS 213199 2/20/2007 37.72 BROWNLEE LIABILITY CLAIM COSTS 213200 2/20/2007 1,066.1)0 C A P F FIRE/LTD FEB 2007 213201 2/20/2007 608.00 CALIFORNIA LAW ENFORCEMENT PDLTD FEB 2007 213202 2/20/2007 1,540.50 CARQCEST AUTO PARIS MOP #47557 - REPAIRS '99 MERCURY 213203 2/20/2007 46.61 CASCADE CONSULTING ASSOC STRUCALC 7.0 FOR WINDOWS 213204 2/20/2007 430.00 CASTRO REFUND CONDI 1 IONAL PERMIT 213205 2/20/2007 3,403.00 CHEVRON USA, INC. MOP #45704 - FUEL/CARDS 213206 2120/2007 515.82 CHIA-SAN JOSE ADV REI.; - BAVENCOFF & NAGLE 213207 2120;2007 320.00 C'IILOR-NATION POOLSV'(' (ONETIMECI.EAN-UP) 213208 2/20/2007 500.00 CHOICEPOINT AL 1 0 TRACK DAL ABASE 213209 2'20/2007 100.00 " OE CHULA VISTA ANIMAL SHEA.1 ER COSTS DEC 2006 213210 2/20.'2007 8,244.51 .:ITY OF SAN DIE(IO FY 2007 3RD QI'R SEWERAGE SYSTEM 213211 2/20/2007 1,123,986.00 COLLICOII REFUND DUPLICATE PYMTOFPC 2i3212 2/20,2007 35.00 CORPORATE EXPRESS MOP 445704 - OFFICE SUPPLIES 213213 2,20/2007 316.76 DEL I. MARKETING CORP ENVIRONMENTAL, SVC FEE 213215 220/2007 4,331.0'4 DELTA DENTAL DENTAL. INS FEB 2007-CITY SHARE 213216 2/20/2007 15,111.4. 1)F1.TAC:\RE (PM!) DENTAL INS PMI FEB 2007 213217 2/20/2007 3.399.30 DEPARTMENT OF JUSTICE FINGERPRINTING FEES -NEW IIIILF.S 213218 2/20/2007 459.00 DEPARINMFNT OF JUSTICE FINGERPRINTING FEES -NEW HIRES 213219 2/20/2007 320.00 DIAZ REIMBURSEMENT -LICENSE 213220 220,2007 60.00 D!XIELINE LUMBER CO. MOP #45707 POO1. AREA REPAIRS 213221 2/20/2007 1,078.58 DURRA INK MOP 446766 - BUS CARD/LE'fl'ERHEADS 213222 2i20/2007 337.42 ESGIL CORPORATION FIRE. PLAN CHECK SERVICE - JAN 07 213223 2/20/2007 375.00 FEDEX OVERNIGHT MAIL-BLDG 213224 2'20/2007 67.33 FLORES REFUND OF BOOK PURCII.ASE 21322.5 2/20;2007 53.50 FRAZEE PAINT & WALLCOVERINGS SATIN GLIDE II 213226 2/20/2007 442.80 GORMSEN APPLIANCE. CO SVC CALL CHRGS-RANGE.GAS 213227 2:20.2007 59.95 GOVERNMENT FINANCE OFFICERS GAAFR REVIEW SUBSCRIPTION 213228 2/20.-2007 50. FIARRIS ADV SUB/ SWAT BASIC COURSE 213229 2/20'2007 1,890.00 HEALTH NET IIFALTH-RET INS 57135F FELT 2007 213230 2202007 2,927.83 HEALTH NF E HEALTH INS 571351 FEB 2007 213231 2,20/2007 633.40 HEARTLAND FIRE TRAINING REGISTRATION FOR APR 5 & 6, 2007 21 3232 2'20/2007 440.00 I(INDERLII I R DE LLAMAS & ASSOC CONTRACT SVCS-SALES TAX 1ST ORTR 21 3233 2/20/2007 11,1 16.09 HOME I)I-:I'OT.'GECF MISC SUPPLIES & MATERIALS 213234 2/20:'2007 21,813.37 INTERNATIONAL TRAINING ADV TUITION - SWAT BASIC COURSE 213235 220'2007 1,600.00 JEFFERSON P1LOT FINANCIAL LIFE INS FEB 2007 213236 2.202007 10,744.70 JG11N DEERE. LANDSCAPES MOP 69277 HORTICUL r(!RAL ITEMS 21323 / 2 20/200? 277.09 KAISER FYLNDATRIN HEALTH KAISER RE I INS FELT 5 200 % 21323.E 2 20;200 3.756 06 KELLY PAPER CO WHILE: BUTCHER PAPER 213219 2:20 2007 191.42 LASER SAV'I[R INC MOI' 43725 COMPIJTFR SUPPLIES 2: 3240 2.202007 468." LIEF3ERT (ASSIDY ‘\'HIT\U'RE RI'."I AINER AGREEMENT - DEC 06 21 12-(: 220:2007 1:100.00 M ARSHAI i. MI:SIC SIIFF.T \1L:SIC . CONCERT BAND 71242 2 20•2007 4'.99 2 MINUTEMAN PRESS MOP :47939 - STOCK CONTROL. CARDS 213243 2/20/2007 26.94 .ONI'GOMLRY KONE, INC. ELEVA FOR MAINTENANCE 2/1/07- 4.30/07 213244 2/20/2007 1,53'0.87 -MULTI-BANK SERVICES I.TD TRADE SETTLING CIIGS 213245 2/20/2007 198.00 NAGLE ADV SUBSISTENCE - DAN NAGLE 213246 2/20/2007 312.00 NAPA ALTO PARTS MOP 445735 PARTS 213247 2/20/2007 339.35 OFFICE OF THE DISTRICT ATFY SPRINGER -GARNISHMENT FOR 02/21/07 213248 2/20/2007 359.50 ORIENTAL TRADING, CO., INC. MISC VALENTINE CRAFT SUPPLIES 213249 2/20/2007 73.45 PARTS PI.LIS AUTOSTORE a713 MOP #64946 -REPAIRS-'98 CHEVY TRUCK 21.3250 2/20/2007 189.28 PERRY FOR[) MOI' #45703 - PARTS '01 FORD TAURUS 213251 2/20/2007 133.85 POWERSTRII)E BATTERY CO INC MOP #67839 BATTERY 213252 2/20/2007 322.14 RAMIREZ ADV SUBS - SWAT BASIC COURSE 213253 2/20/2007 1,890.00 RAYMOND PRODI'CTS CO. FILE DOLLY, KARRY KING, 213254 2/20/2007 389.10 RON BAKER CHEVROLET-GEO-ISUZU MOP-45 751 PARTS%REPAIRS-'95 PONTIAC 21.3235 2/20/2007 479.23 SAINZ REFUND FOR BOOKS - L. SAINT. 213256 2/20/2007 87.49 --+.\N DIEGO POLICE EQUIPMENT CI'S 7290CCS,FLASIIBANG 213257 2'20'2007 1,236.11 SAV-MART PIIARMAC'F:I : FIC.ALS NARCOTICS FOR- ASSESSMENT ENGINE 213258 2/20/2007 140.84 SMART & FINAI MOP #45756 - FOOD 213259 2/20.2007 20.07 SOUTHWEST SIGNAL SERVRT. INC. LAN 2007 TRAFFIC SIGNAL/LIGHTS 213260 2/202007 14,521.77 STANCH SUB & TRAVEL REIMB - C. STANICH 213261 2/20/2007 93.46 STATE COMPENSATION INS FUND WC CLAIM COSTS LAN 2007 213262 2/20/2007 6,839.66 STRATACOM MORRISON LETTERHEAD, F.NV/CARDS 213263 2/20/2007 1,691.57 SUN TRUST FIRE TRUCK g I LEASE: PYMNI' #36 213264 2201200' 5,009.63 SUNGARI) PENTAMATlON INC RESIDENTIAL. LICENSING 213265 2.20/2007 4.265.00 TN & SIGNS T-STARTS Wil 11 FRONT LOGO 213266 2,202007 490.00 TRIVIL ADV SI13. MGM I COURSE, MODULE .A 2; 3267 2/20/2007 625.00 UNION SECL'RIIY INSURANCE CO. \ TL FEB 2007 213268 2'20:2007 2,378.07 ; STERLING CAPITAI CORP TRADE SI'.ITLING CIIGS 213269 220.2007 50.70 \t.11.LY S LI.FC"IRONIC SUPPLY MOP't•15763 - PARTS 213270 2.'202007 77.66 3 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES 213271 2120i2007 479.60 ASSOCIATED TOWING 1'UWED BLS # 6010 213272 2/202007 625.0' • BUCK PE TROLEL:M CO MOTOR OIL & LUBRICANTS 213273 2/20;2007 I,743.8y CORPORATE EXPRESS OFFICE SUPPLIES 213274 2.20/2007 435.48 DIXILLINE LUMBER CO SHOP SUPPLIES 213275 2/20/2007 4.87 FIRST ADVANTAGE CORPORATION RANDOMS, Pf1YSICAL EXAMS. 213276 2i202007 430.00 JANKOVICH COMPANY DIESEL FUEL 213277 2/2(1/2007 14,619.42 NITS I'ELEINFO SERVICES 213278 2/20/2007 2,335.92 NAPA AUTO PARTS AUTO PARTS 213279 2/202007 275.52 NEW FLYER PARTS BUS PARTS 213280 2/20/2007 788.25 NEXTEL COMMUNICATIONS TELEPHONE SRVC:S FOR BUS RADIOS 213281 21202007 274.66 RELIABLE SPRING & SUSPENSION 4 REBLSH TORQUE ARM 213282 2/20/2007 268.48 SAFETY-KI-EEN SYSTEMS, INC. WASTE REMOVAI. 213283 2/20/2007 2,959.62 SBC TELEPHONE SERVICES 213284 220,2007 415.08 L'NIFIRST MAINTENANCE t.AUNDRY SERVICE 213285 2;202007 7 W.W. GRAINGER, INC. SHOP SUPPLIES 213286 2/0/2007 177.95 BAKER & TAYLOR REFERENCE ROOKS 213287 2/20/2007 1,074.73 BRODART ADULT AND CHILDREN'S I300KS 213288 2202007 4.257.31 CHECKPOINT SYSTEMS INC. BOOK PROCESSING SUPPLIES 213289 2;20.2007 5,1 18.98 CITY OF NATIONAL CI'I Y OUT OF STATE SALES TAX 21.3290 2/20/2007 74.80 CORPORATE EXPRESS OFFICE SUPPLIES - MOP 1%45704 21329E 2 20.2007 177.70 DEMCO INC. BOOK C'LASSIFIC FION LABELS. 213292 2'20-2007 44.20 FINDERBI\DER 2007 FINDERBINDER 213293 220;2007 178.00 LASER '- \VFR INC' :IA1'l'.RI:\LS :\NI.) .SUPPLIES.- 21 329: 2/20 2007 1:3.38 LATIN AMERICAN HOOKS SOURCE. SP:ANISIi LANGUAGE BOOKS 213295 2.20._'00: 304.02 MIDWESTTAPE DV D;VIDEOS./PROCESSING SLPPLILS 213296 2'202007 2.__'2.3! NOLO PRESS -OCCIDENTAL BOCK -HOW TU DO YOUR OWN DIVORCE 21 3297 2'202007 28.' SYCU:AN EDUCATION DEPARTMENT 13UOKS KL \IEYA,\Y HL.TORY 21 ; 293 2:20 2007 51.0' TIIOV1SON GATE REFERENCE. ItOOKSCC)N11\i :ATIONS 213299 2 20 2007 -'9J 4 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 213300 2/20/2007 600.00 Vtl/RI(_'AN RED CROSS EXPERT SVCS (A6fF;RICORPS CNCS Y-4) 213301 2/20,2007 175.00 ARONSON TRAVEL (AMERICORI'S/LSTA Y-4) 213302 220//2007 431.95 AYRES SUITES ONTARIO TRAVEL. (PRIME TIME Y-3) 213303 2/20/2007 2,496.22 ROZIK EXPERT SVCS (AMERICORYS,'LSTA Y-4) 213304 2/20/2007 25.00 L3RODART ADULT AND CHILDRENS HOOKS 213305 2/20/2007 4,836.60 CACATIAN TRAVEL (LIT. INIT. XV) 213306 2/20/2007 16.80 CARLA CAMPRF.1.1. LEHN TRAVEL HIT. INIT. XV) 21.3307 2/20/2007 18.00 CHFRI.I'ON TRAVEL (LIT. INIT. XV) 213308 2/20/2007 92.60 CINGULAR WIRELESS WINGS CELL PHONE. 213309 2/20/2007 76.94 CISNEROS TRAVEL (LIT. INIT. XV) 213310 2/20/2007 30.31 CTTOF NATIONAL CITY TAXES 21,3311 2/20/2007 282.22 'Y COZEN TRAVEL. (I.IT. INIT. XV) 213312 2/20/2007 163.90 CORPORA'1'F EXPRESS OFFICE SIJPI'L113S (LIT. SVCS. Y-4) 213313 2120i2007 185.4.1 CZ EXPERT SVCS (ARIERICORPS.1_STA Y-4) 213314 2120/2007 1,106.38 !.)IFEL(CE TRAVEL (LIT. INIT. XV) 213315 220/2007 288.18 FIIRICH TRAVEL(AMERICORPS) 213316 2/20/2007 945.90 EINS'IADTER TRAVEL (LIT. INIT. XV) 213317 220,2007 71.26 ESTRAI)A TRAVEL (LIT. INIT. XV) 213318 2220/2007 25.22 EVANS TR.AVFI,(LIT.INIT. XV) 213319 2/20/2007 79.54 FEDEX KINKO'S PRINTING (LIT. INIT. XV) 213320 2'20;2007 76.03 I'RFEL TRAVFI. (LIT. INIT. XV) 213321 2,202007 298.38 FII.GHLM-N1.TTERS TRAVEL (.AMFRICORPS I.S1A Y-4) 213322 2 20/2007 764.16 GIRSON E XPERT SERVICES (LIT. IN1 r. XV) 2 i 332 2;20/2007 1.215.00 GONZAI El EX!'LRTSVCS (ANIERICORPS:LSTA Y-4) 213324 2:20'2007 2�5.00 GRAYES EXPERT SVCS (AMFRICORPS/I.S'IA I-4) 213325 2 20/2007 2j.()0 \NSEN LIBRARY SALTS BOOKS'CALENDARS FOR AMERICOR.PS 213326 220/2007761.25 HERNADEZ TRAVEL. (LIT. INIT. XV) 213327 2:20:2007 79.06 HUNTER TRAVEL (I.I .INIT.XV) 213328 22G.,2007 �)4.09 5 INLAND LIBRARY SYSTEM EXPERT SERVICES (LIT. INIT. XV) 21.3329 2.202007 3,500.00 JACQUELYN BRINKLEY TRAVEL (LIT. INT. XV) 2133.30 2/20;2007 37.2' JIMENEZ-WATSON TRAVEI. (LIT. INIT. XV) 213331 2,20/21)07 94..58 ' .JONES TRAVEL (LIT. INIT. XV) 213332 2'20;2007 22.43 KUEHNLR "I RAVEL (LIT. INIT. XV) 213333 2/20; 2007 90.21 LEAGUE OF WOMEN VOTERS EXPERT SERVICES (LIT. INIT. XV) 213334 ' 2/20/21)1)7 5,000.00 ITTERAC'YWORKS SLATE LIBRARY CONTRACT 213335 2.'20/2007 20,000.00 LITERACYWORKS STATE LIBRARY CONTRACT 213336 22012007 2,000.00 LUA-CORDOV:\ "TRAVEL (AMERICORPS/CNC'S Y-3) 213337 220;2007 351.37 MISSISSIPPI IND FOR THE BLIND T-SHIRTS, MOUSE PADS, WATER BOTTLE 213338 220/2007 2,946.00 MUL.DOON TRAVEL (LIT. INIT. XV) 213339 2/20,2007 156.62 MUNOZ TRAVEI. (LIT. INIT. XV) 213340 2/20;2007 18.69 NATIONAI. CONFLICT RESOLUTION EXPERT SVCS (AMERICORPS.CNCS Y-4) 213341 2:2022007 1,080.00 O'HAR\ TRAVEI. 213342 3120 200 % 778.70 ORIENT.AI. TRADING, CO.. INC. CANVAS TOTE BAGS 213343 2:2022007 350........ PATLON EXPERT SVCS (AMERICORPS/LSL.A Y-4) 213344 PIC•LURL. • PLUS MATERIAL & SUPPLIES (LIT. INIT. XV) 213.145 POTTER TRAVEL (LIT. INIT. XV) 213 346 f PROJECT' READ EXPERT SERVICES (LIT. INIT. XV) 213347 4 REL) I ION HANALEI HOJT.I. WAVE, (AMERI('ORS-LSTA:'C:NCS Y-4) 213348 22022007 63,401.82. RUI7. TRAVEL (AMERICORPS,ISi'A Y-4) 213349 2.•20-2007 105.39 SARMIIENTO TRAVEL (LIT. INIT. XV) 2(.3350 2.00,'007 3:•5.54 SONG TRAVEI. (Li I. INIT. XV) 21:335 i 2:209.007 20.37 SPRINT VIDEO CONFE.RENC{NG, LONG DISTANCI 213352 2 20 2007 )8.12 SUTTER COUNTY LIBRARY TELEPHONE. (LIT. INIT. XV) 213353 2,20 2007 1.200.00 TELESMAR I 'NETWORKS STA 1 E LIBRARY FL:NI) 800 NUMBER 213354 2.._50.200; 2,100.00 U.S. }'OtiT\IASTER I'OSl.AGE FOR STATE. LIBRARY 213?^i 320.2007 40' VERA E:\'FLRT SVCS (.\:\IE:RICORPS CXCS 1-4) 213356 2:20 2007 70,00 WATSON EXPERT SVCS (AMI.RI(:ORPS,LST;A 1'-4) 2133 2.20 2007 25.00 6 WILLIAMS FROX CORPORATION j YANG CPC'\ CONFERENCE Workers compensation checks TRAVEL (AMERICORPS/LSTA Y-4) 213358 2/20/2007 250.31 RASE CHGS & OVERAGES FOR 8 XEROX 213359 2/20/2007 501.14 TRAVEL (AMERICORPS/CNCS Y-4) 213360 2/20/2007 45.22 ADV REGISTRATION -A GONZALES 213361 2/20/2007 450.00 'Total $1,447,033.96 12763 2/14/2007 69.19 12.764 214i2007 59.29 12765 2/14/2007 491.63 12766 2/14/2007 180.20 12767 214i2007 322.53 12768 2/14;2007 806.64 12769 2/14/2007 231.02 12770 2/14/2007 250.00 12771 2;14/2007 517.09 12772 214/2007 564.69 12773 2/14/2007 64.95 12774 214/2007 121.45 12775 2/14/2007 113.66 12776 2/14/2007 24.11 12777 2/14/2007 18.05 12778 2:14/2007 235.26 12779 21.42007 195.45 12780 2'14/2007 400.00 12781 2/14_'2001 837.32 12782 214,2007 400.00 12783 2.'14;2007 400.00 12 784 2: 14/2007 460.00 12785 2 14;2007 971. I S 7 12786 2, 14:2007 32.30 12787 2:'14;2007 116.7- 12788 2, 14:2007 1,392.3: Total S9,175.26 Grand Total 1,456,209.22 TRANSIT WARRANTS 213271 - 213286 CKS 16 TOTAL $ 25,907.93 LIBRARY WARRANTS 213300 - 213360 CKS 76 TOTAL $ 150,289.82 8 City of National City WARRANT REGISTER #33 2/20/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 1.1I3RARY CAPITAL OUTLAY 11 I P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE. FUND 1 ;11 EMT-1) REVOLVING RIND 246 WINGS GRANT 253 RECREATIONAL. ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDIJC 256 CODE ENFORCEMENT GRANT PROGF 282 REIMBURSABLE GRANTS CITY WIDE 291 AMERICORPS CNCS YEAR 3 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 320 LIBRARY GRANTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 632 GF.NERAI. ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE: TOTAL 78,851.03 9,238.55 404.44 6,142.14 4,405.00 375.00 1,123,986.00 140.84 72.87 490.00 59.76 21,813.37 4,331.04 �,585.14 5,099.41 2,707.07 131,220.98 25,9(17.93 3,558.50 17,080.92 26.94 6,414.69 7,204.69 8,092.91 1,456,209.22 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2007 AGENDA ITEM NO. 12 ITEM TITLE: PUBLIC HEARING ON THE 2007-08 CONSOLIDATED PLAN FUNDING ALLOCATION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: LETICIA QUINTEROVA DEPARTMENT COMMUNITY SERVICES The United States Department of Housing and Urban Development (HUD) has informed the City that $1,135,220 in Com- munity Development Block Grant (CDBG) and $593,067 in IIOME Investment Partnership Act (HOME) funds will be available for the 2007-08 Consolidated Plan program year . I IUD requires all entitlement communities to hold a minimum of two (2) public hearings to solicit public input on the housing and community development needs of National City residents. Two (2) public hearings were duly noticed in the Star News, and the required public hearings were conducted on January 9, 2007 and March 6, 2007 for this purpose. CDBG and i IONIE applicants were also given the opportunity to make their formal requests to the Ilousing and Community Devel- opment Committee and the City Council. The purpose of this public hearing is to once again invite public input and for the City Council to make their allocation for the use of FY 2007-2008 Community Development Block Grant and HOME funds. The following timeline has been set to meet the Annual Action Plan requirements set by HUJI) and the Citizen Participation Plan 2005-2010: • Public Noticing for Citizen Participation on March 9th and 16th • Public I learing to be held on March 20st • 30 day Public Review. for Annual Action Plan — March 29th to May 1st • Submission of the Annual Action Plan to U.S. Department of Housing and Urban Development Environmental Review Not applicable to this report. Financial Statement The City will receive $1.1 35,220 in CDBG and $593,067 in I1OME funds from the Department of Housing and Urban De- velopment for FY 2007-08. The City Council's adopted allocations will then he incorporated into the City and CDC 2007- OR Fiscal Year Budgets. STAFF RECOMMENDATION Conduct a Public Hearing. BOARD/COMMISSION RECOMMENDATION Allocation Recommendations from the Ilousing and Community Development Committee (HCDC) are listed in the Executive Summary and Program Eligibility sheets in the Requests for Funding packets. '1TTACHMENTS (Listed Below) Resolution No. . CDBG and HOME Funding Requests. 2. Notice of Public Hearing DESCRIPTION 2007-2008 CDBG ALLOCATIONS ALLOCATIONS REMAINING BALANCE CDBG ENTITLEMENT $ 1,135,220.00 Administration (20%) $ 227,044.00 $ Public Services (15%) $ 170,283.00 Prior -year Cornmitmerits: Section 108 Loan Payment $ 516,214.25 Community Enhancement $ Capital Improvement Projects (CIP) $ 0.00 Total $ 221,678.75 221,678.75 170,283.00 Tab No. Organization 1 2 3 Community Services Community Services Fair Hsg Council of San Diego Program Administration Neighborhood Council Program Fair Housing Services ADMINISTRATION AND PLANNING FY 06-07 Funding $ $ 101,054.00 $ Total for ADMINISTRATION & PLANNING: $ 101,054.00 Amount Requested City Council FY 07-08 Allocation $ 10,000.00 $ 103,232.00 $ 31,000.00 $ 144,232.00 $ $ $ $ Tab No. 4 Organization Boys & Girls Club PUBLIC SERVICES Program FY 06-07 Amount Requested Funding FY 07-08 $ 15,725.00 $ 15,725.00 City Council Allocation $ - Transportation Program 5 Boys & Girls Club Annual Club Membership Scholarship S - $ 5,500.00 $ - 6 City - Building & Safety Graffiti Removal $ 52,776.05 $ 105,000.00 $ - 7 Burn Institute Senior Fire & Burn Prevention $ - $ 4,627.05 $ - g Christmas in July * National City City Clean-up Project $ - $ 100,559.00 $ - g Community Food Bank Project Hunger/Independence $ - $ 50,000.00 $ - 1 0 Community Services Tiny Tots S 24,736.00 $ 24,736.50 $ - 11 Community Services Learn to Swim $ - $ 25,660.00 $ - 12 Community Services George Water Nutrition Prgm $ - $ 20,000.00 S - 13 Community Services Senior Citizen Transportation $ - $ 15,500.00 $ - 14 Community Youth Athletic Ctr Program Development $ 20,000.00 $ 100,000.00 $ - 15 Council of Phillipine American Org EITC, VITA & TCE $ - $ 20,000.00 $ - 16 Las Palmas Little League Scholarship Program $ - $ 20,000.00 $ - 17 MAAC Project Economic Opportunities Prgm $ - $ 30,000.00 $ - 18 National City Diablos Pop Warner Youth Football & Cheer $ - $ 35,000.00 $ - 19 National City Public Library Literary Services $ 47,250.00 $ 47,250.00 $ - 20 Operation Samahan Displaced Youth Empowerment Program $ - $ 50,000.00 $ - 21 PASACAT The Phillipines through Dance Program $ - $ 15,000.00 $ - 22 San Diego Community Hsg Corp Park Villas Family Learning Ctr $ - $ 11,800.00 $ - 23 San Diego Community Hsg Corp Granger Wellness Center $ - $ 53,500.00 $ - 24 South Bay Community Services Critical Hours-Summercrest Apt. $ - $ 15,000.00 $ - 25 Trauma Intervention Services Program Team $ 8,000.00 $ 8,000.00 $ - Amount Requested Puad c;Serviwes FY 07-08 City Council Allocation Totals $ 168,487.05 $ 772,857.55 $ - Deficit 602,574.55 170,283.00 t Tab No. 26 Organization City- Building & Safety COMMUNITY ENHANCEMENT Program Code Enforcement FY 06-07 Arnount Requested Funding FY 07-08 $ 120,928.97 $ 186,000.00 City Council Allocation $ - 27 City- Building & Safety Housing Inspection Prgm $ 120,928.98 $ 125,000.00 $ - 28 Christmas in July * National City Office Construction $ - $ 50,000.00 $ - 29 PASACAT Renovation Project $ - $ 200,000.00 $ - Total for COMMUNITY ENHANCEMENT $ 241,857.95 $ 561,000.00 $ - CITY CAPITAL IMPROVEMENTS PROJECTS (CIP) Tab FY 06-07 Amount Requested City Council No. Organization Program Funding FY 07-08 Allocation 30 City -Community Services Las Palmas Score Shacks $ - $ 160,000.00 $ - 31 City -Community Services Resurface Tennis Courts $ - $ 30,000.00 $ - 32 City - Engineering Alley Improvements $ - $ 150,000.00 $ - 33 City - Engineering Upgrade Substandard Pedestrian Ramps $ 75,000.00 $ 150,000.00 $ - 34 City - Engineering Misc. Concrete Improvements $ - $ 100,000.00 $ - 35 City - Engineering Misc. Storm Drain Improvement $ 50,000.00 $ 50,000.00 $ - 36 City- Fire Fire Apparatus Lease Payment $ 78,453.00 $ 78,453.00 $ - 37 Fire Apparatus Lease Payment $ 60,116.00 $ 60,116.00 $ - Total for CAPITAL IMPROVEMENT PROJECTS (CIP) $ 263,569.00 $ 778,569.00 $ - Amount Requested City Council Administration/Enhancement/Capital Improvement Projects, FY 07-08 Allocation Totals $ 774,968.00 $ 1,483,801.00 $ - Deficit 1,262,122.25 221,678.75 DESCRIPTION HOME ENTITLEMENT $ 2007-2008 HOME ALLOCATIONS ALLOCATIONS 593,067.00 REMAINING BALANCE 593,067.00 Tab No. Organization 38 39 HOME INVESTMENT PARTNERSHIP ACT (HOME) Economic Development 40 Economic Development Habitat for Humanity Program Administration Assistance in Affordable Hsg 18th Street Affordable Hsg FY 06-07 Funding $ 59,773.00 $ 537,963.00 Home;lpvestment Partnershlp Act (HOME)' Totals Deficit $ 597,736.00 Amount Requested FY 07-08 $ 59,306.70 $ 37,963.00 $ 500,000.00 Amount Requested FY 07-08 $ 597,269.70 City Council Allocation $ 4,202.70 City Council Allocation $ 593,067.00 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 20, 2007 at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The purpose of the public hearing is for the City Council to consider the funding for the Fiscal Year 2007-08 CDBG & HOME allocations. The public is invited to comment on the housing and community development needs of lower income households in National City. 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. 12t 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 March 9th and 16th, 2007 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 13 /ITEM TITLE An ordinance of the City Council of the City of National City Amending Title 15 of the National City Municipal Code by amending Chapter 15.16 pertaining to Housing Inspections and Permits. PREPARED BY Antonio Garcia, 336-4210 DEPARTMENT Building & Safety EXPLANATION Please see attached. Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce the ordinance. BOARD / COMMISSION RECOMMENDATION N/A (1/1/71:;'U-1:1 ✓ ATTACHMENTS ( Listed Below) Resolution No. Explanation A 200 (P'99) Explanation This ordinance amendment exempts certain owners from the residential rental Housing Inspection Program when they meet the criteria. In addition, it will give the City the authority to impose penalties upon those who do not submit the fee within a timely manner. Background The City Council's goal is to improve rental stock by causing safe, decently maintained rental units. Up until this year, we have relied upon the County of San Diego for this service. However, the County's rental inspection program had some areas of concern for National City. For example, the County's program only inspected properties with four or more rental units, and all inspections were complaint driven. A concern is that a renter may be hesitant to complain due to the possibility of repercussion, such as eviction. Consequently, the County was billing all rental properties with four or more units, but not performing many inspections. In addition, experience reveals that some of the worst rental units are the single family and duplex type. Properties with less than four wets were not inspected at all by the County, even if a complaint was received. The County's program was not achieving the City's goal, so this year the City adopted an Ordinance to take over the inspection and enforcement responsibility. In doing so, the City has attempted to improve the program to achieve the goals. For example, National City's Municipal Code for this program includes all rental properties for one or more units. Since this is now a local program, we will control the inspections so they occur on a regular basis with no need for the tenant to have to complain and risk repercussions from the property owner. This will greatly improve the housing stock of National City, and assist in causing safe livable rental units for residents. On January 2, 2007, the Building & Safety Dept. staffed the housing inspection program and began work on properties that are registered rental units utilizing San Diego County's database. Subsequently, in February 2007, the City mailed invoices to all properties that were registered rental units. After some feedback from property owners, there are instances where participation in the program is not needed. Therefore, imposition of the fee is not warranted, as the unit is truly not being uscd as a rental. In addition, staff noted that there are no penalties associated for not paying the fec. Basis for Exemptions and Enforcement/Penalties There are grounds where property owners should be able to file an exemption, such as: A. 1'he unit is the primary residence B. The unit is occupied by a family member that is rented lower than the owners' expense C. The unit is not available for rent at anytime D. The unit is unoccupied, under construction and will not be occupied for the calendar year. Along with filing an exemption, proof must submitted at the same time. It should be noted that an exemption is good for one year. In regards to enforcement of payments, the City needs to ensure accountability and prompt payment of fees; a penalty payment schedule should be in effect and enforced. Recommendation Staff recommendation is to introduce the ordinance as presented or amended by Council. ORDINANCE NO. 2007 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 15.16 PERTAINING TO HOUSING INSPECTIONS AND PERMITS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.16 of the National City Municipal Code is amended by adding Sections 15.16.060 and 15.16.065 to read as follows: 15.16.060 Annual housing permit fee - Exemptions. A. No annual housing permit fee shall be imposed on a residential rental unit in any of the following situations: 1. The unit is occupied by a family member, is rented at Tess than current owner's expense, and is declared as family -occupied on the owner's county property tax declaration or federal income tax return. "Current owner's expense" is defined to include mortgage payments, property taxes, association fees, assessments, property insurance and utilities; 2. The unit is unoccupied, under construction and will not be occupied for any portion of the tax year. B. Proof of exemption eligibility will be required for certain exemptions, and may be different for each exemption claimed. Exemption eligibility is only good for one year, and must be renewed each taxable year by the tax due date or be subject to an administration fee. 15.16.065 Collection enforcement and penalties. Failure to pay the fee when due shall result in a penalty of twenty percent of the fee due on the first day of March and each first day of each month thereafter, provided that the amount of penalty added shall not exceed one hundred percent of the fee due for each year or portion thereof that the fee was unpaid. Should the owner fail to pay the fee and penalty, the City may use any remedies provided by law, including abatement or municipal lien procedures established by ordinance or state laws. PASSED AND ADOPTED this day of , 2007. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES 2-20-07 AGENDA ITEM NO. 14 ITEM TITLE Report: Election Code Section 9212. Report to legislative Body on Effect of Propose Initiative. PREPARED BY Chris Zapata (336-4240) City Manager EXPLANATION Please see attached report. DEPARTMENT City Manager Environmental Review V N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Accept the Report BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Report on Effect of Proposed initiative to Legislative Body A-200 (9/80) Attachment to ELECTIONS CODE Section 9212. Report to Legislative Body on Effect of Proposed Initiative. This report is submitted in response to the City Council's action of February 20, 2007 which directs staff to prepare a report within thirty calendar days pursuant to Elections Code Section 9212 on the effect that the proposed initiative would have on National City if the repeal of Proposition D, the existing one percent Transactions and Use Tax (Sales Tax), is successful. Proposition D was passed by 59% of voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. Passage of Proposition D allows for the restoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and implemented. It is the opinion of the City Manager that without the additional sales tax revenue, National City will again be faced with a substantial reduction in City services, facilities and programs. Why is National City Struggling Financially? As the City prepared its annual budget for fiscal year 2004-2005, a $4 million structural deficit in the General Fund was projected. The General Fund pays for basic City services, such as police, fire, parks, library, code enforcement, graffiti control, and planning, among other things. It is key to note that other City funds such as Street, Sewer and Transportation were fiscally solid; however, such funds are "dedicated" funds and not available for General Fund purposes. Likewise, for the same reason, Community Development Commission funds cannot be used for such purposes. Over a two-year period, financial information was shared openly and consistently with residents and the business community. General Fund Breakdown for Fiscal Year 2006-2007: Police: 54.6% Fire: 18.2% All Other Departments: 27.2% 100.0% A significant portion of the deficit was due to circumstances beyond the control of the local government. The State of California was in the midst of a fiscal crisis, which resulted in increased take-aways from local governments. National City lost over $2 million in FY 2005- 06 alone. Also, during this same period, CaIPERS, through which the City provides retirement benefits to Police, Fire and other employees, also watched their investments plummet and in turn, increased agency assessments. Over the last five years, National City was hit with a $5 million increase in our CaIPERS rates. The City Council chose to pay the rates in full, as opposed to other agencies who chose alternate methods of financing their 1 increased rates. We were also contractually obligated to honor previously negotiated employee contracts with CaIPERS and three employee unions. National City has unique financial constraints. The City is small in area with just 8.5 square miles and is almost completely built out, so new development can't boost revenues. The City's industrial waterfront and its associated revenues are under the jurisdiction of the San Diego Unified Port District, with little benefit to the General Fund. National City levies no utility user tax and property turnover is the second slowest in the county, so property tax revenues are relatively stagnant. The 2005-2006 budget was $6.7 million out of balance before the City closed the gap with reserves and other one-time revenue sources. The majority of that imbalance was due to state take-aways and pension obligations. As a temporary measure, City services were cut by 20% across the board for a savings of $984,000 and a hiring freeze was instituted affecting 51 General Fund positions in 13 departments, including 17 police and fire personnel. Policy direction was sought to deal with the structural deficit. The challenge was to either decrease services or find a way to increase revenues. For a long-term solution, the City Council directed staff to look for the fairest way to increase revenue. The recommended solution was an increase in the sales tax as both residents and visitors to the City would share the burden, as opposed to property or utility user taxes that would only apply to residents. The sales tax would not affect prescription medicine, groceries, or rent, thereby giving some reprieve to the City's lower income population. The City Council then twice voted unanimously to place the measure on the ballot. Proposition B failed in November 2005, while Proposition D, this time with a ten-year sunset clause, passed in June 2006. Where is National City Now? Implementation of Proposition D began on October 1, 2006 and is projected to generate between $7-9 million annually. In the meantime, from July 2006 until now, the General Fund Reserve has been used to restore those services which had been previously cut. This bridge financing was necessary since the increase did not take effect until October 1, 2006 and new revenues would not be realized until the end of that quarter. The Reserve fund will be repaid with the new revenue from Proposition D. Additionally, several Council and Administrative actions were taken to assist in balancing the budget, attain fiscal sustainability, and provide for efficient and transparent government. An employee -driven committee was established to brainstorm ideas to reduce internal costs. The Cost Reduction and Revenue Efficiency (C.A.R.E.) Committee publishes quarterly newsletters to encourage voluntary participation in such endeavors. The Purchasing Review and Personnel Review Committees were established to affirm fiscal responsibility in purchasing and hiring practices. A reorganization plan proposed by the City Manager consolidated the Community Development Commission with other City departments and reorganized departments into 2 more efficient departments. Likewise, the organization's management was flattened, resulting in additional savings. The revenues from Proposition D temporarily fix the fundamental problem of more money going out than coming in. It also challenges National City to become proactive in building stable and diverse revenue sources within the next five to ten years to achieve financial sustainability. The last major revenue generating developments, Plaza Bonita Mall and the Mile of Cars, occurred over 20 years ago. Efficiency, vision and innovation are necessary to reverse the current stagnation. Some of the projects designed to meet these needs are: • $100 million expansion of Plaza Bonita Mall • Expected approval of an EIR for COSTCO • Opening of Sweetwater Harley-Davidson • Development of Marina Gateway Hotel Project • Relocation of Mervyns • Beginning negotiations with Home Depot • Attraction of various small businesses In some cases, revenue from these projects will not be seen for a three to five year period. National City faced a serious decision with a spirited community debate regarding Proposition D. Many discussions and presentations occurred over the last two years and the voters weighed the tradeoffs and made an informed decision. If Proposition D is repealed in 2008, the City Manager predicts that the City will be unable to sustain current service levels to the community through the General Fund. Fiscal Impact If the initiative were to be repealed, the City would face an automatic cessation of the estimated revenue from Proposition D over the remaining course of the voter -approved ten- year period. Estimates put those streams at $7-$9 million annually. The City would have faced an estimated $4.8 million deficit at the beginning of the 2006-2007 fiscal year without the added income from Proposition D. Projected forward, that amount could swell to $7.6 million at the beginning of the 2008-2009 fiscal year. Given the above fiscal impacts, the City would again face across-the-board budget cuts and/or elimination of services. Some of those cuts would include a reduction in hours at the pool and library, elimination of core recreation programs, reduction in code enforcement and graffiti abatement, and the reduction of vehicle and technology replacement programs. In addition, a reduction in public safety personnel would lead to the possible closure of one of the City's fire stations and elimination of proactive police task forces such as Gang Enforcement, Vice, Auto Theft, and Narcotics. 3 Effect on the Use of Land, the Impact on the Availability and Location of Housing. and the Ability of the City to meet its Regional Housing Needs With a repeal of Proposition D, the City's ability to put together development deals would be more tenuous given the City's reduced financial capacity. In a financially strapped City, developers would be Tess motivated to develop properties if basic services are being reduced. With less money available, the City would be less able to carry out and support development projects. National City is 120-years old. The housing stock is decaying and would be affected if code enforcement was reduced resulting in a deterioration of community character. Such a condition would repel prospective developers, decreasing the amount of low-income and inclusionary units available in our housing stock. Impact on Funding for Infrastructure, including Transportation, Schools, Parks and Open Space The fiscal impact of a repeal of Proposition D in this area would be problematic. The Mayor and City Council have emphasized improving the quality of life in National City by investing in the community. During the last three years, over $20 million in grants and other alternate funding sources were secured to build and/or refurbish a variety of civic buildings including a new fire station, public library, pool, education center, marina and aquatic center; and a refurbished community theater and cultural building. While alternate funding was used for the brick and mortar in regards to these facilities, the operation and maintenance of the majority of them would almost certainly be affected by any reduction in the General Fund. Additionally, the City's existing civic buildings and recreation centers are aging and in need of refurbishment or in some cases, replacement. Any impact to the City's Capital Improvement Program would delay necessary work on these facilities, impairing the City's ability to provide quality service and programs for its residents. Further, Parks Division cuts would include a reduction in lighting, watering, and fertilizing resulting in unappealing landscaping. Playground and picnic facilities would be subject to reduced maintenance. While the City utilizes gas taxes and TransNet funds for street improvements and the installation of traffic signals and other traffic control measures, these funds are restricted and aren't allowed for traffic operations. Our Traffic Engineer and utility costs associated with street lighting and traffic signals are fully funded by the General Fund. An impact to these services affects traffic around the city and more importantly, around city schools. A further impact to our schools would come from a reduction in the police force, leading to the elimination of School Resource Officers. Impact on the Community's Ability to Attract and Retain Business and Employment In a continued effort towards fiscal sustainability, the Plaza Bonita expansion project will attract new tenants with associated revenue streams. Likewise, current mixed -use development projects are attracting new businesses to the city's busiest corridors. With a 4 repeal of the sales tax, similar development efforts would be stymied resulting in a loss of new partners. Impact on the Uses of Vacant Parcels of Land Vacant parcels of land would become unsightly with a reduction in code enforcement and weed abatement services. Unmonitored parcels could also attract homeless and criminal activity. These conditions would not only create blight, but potentially hazardous conditions and place further burden on public safety services. Impact on Agricultural Lands, Open Space, Traffic Congestion, Existing Business Districts, and Developed Areas designated for Revitalization As stated previously, open space impacts would be in reduced park maintenance. Traffic congestion, or the relief thereof, would be impacted as staff cuts would overburden Engineering and the Police Department's Traffic Division. Existing business districts would experience a reduction in staff support and City services. Areas slated for revitalization would attract fewer developers and collaborators. Other Matters Impact on Public Safety Services Public Safety Services would be severely impacted in the following areas: Police Department: reduction in response time due to staff cuts; burden on graffiti and code assistance; elimination of diversionary programs such as School Resource Officers and STAR/PAL; elimination of proactive police task forces such as Gang Enforcement, Vice, Auto Theft, and Narcotics; eliminate participation in drug court programs, registered sex crime compliance checks, and walk-in police services for most days and hours; investigation of only crimes of violence; implementation of a policy to cite and release all misdemeanor offenders. Fire Department: reduction in response time due to staff cuts; closure of one fire station; possible elimination of paramedic program; elimination of education programs such as Juvenile Fire Starters and Fire Safety; burden on fire marshal and weed abatement services. Conclusion If a repeal of Proposition D is successful, residents of National City would be the most affected. The City would be forced to revert to its original 20% cuts and then dig deeper to close the widening gap as costs beyond local government's control continue to rise such as fuel, utilities, health care and other contingencies. With a total General Fund budget of $36 million, and facing a potential loss of at least $6 million, or 1/6 of the total budget, the reality is that public safety, which comprises 72% of the General Fund, will be compromised. A ten- year increase in the local sales tax allows the additional time necessary to establish the revenue streams that will close the structural deficit. Without the added influx of revenue, 5 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2007 AGENDA ITEM NO. 15 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2007-08 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS PREPARED BY: LETICIA QUINTERO/ DEPARTMENT COMMUNITY SERVICE EXPLANATION: The United States Department of Housing and Urban Development (HUD) has informed the City that $1,135,220 in Community Development Block Grant (CDBG) and $593,067 in HOME Investment Partnership Act (IIOME) funds will be available for the 2007-08 Consolidated Plan program year . Upon the conclusion of the Public Hearing, the City Council will consider the adoption of the attached Resolution approving the CDBG and HOME funding allocations for the 2007-08 Program Year. Members of the I1CDC, along with Staff, have prepared funding recommendations to the City Council. Environmental Review Not applicable to this report. Financial Statement The City will receive $1,135,220 in CDBG and $593,067 in HOME funds from the Department of I lousing and Urban Development for FY 2007-08. The City Council's adopted allocations will then be incorporated into the City and CDC 2007-08 Fiscal Year Budgets. STAFF RECOMMENDATION City Council to allocate CDBG and HOME programs' budgets. BOARD/COMMISSION RECOMMENDATION Allocation Recommendations from the Ilousing and Community Development Committee (I ICDC) are listed in the Executive Summary and Program Eligibility sheets in the Requests for Funding packets. ATTACHMENTS (Listed Below) Resolution No. 2007- 1 RESOLUTION 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2007-2008 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS WHEREAS, the City of National City administers the allocation of CDBG and HOME funding for the Federal Govemment under the United States Department of Housing and Urban Development (HUD); and WHEREAS, the City desires to allocate program funds for the 2007-08 program year; and WHEREAS, the City Council of the City of National City conducted a dully advertised public hearing on the allocation of said funds on March 6, 2007, and March 20, 2007; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the CDBG and HOME funds, and the Mayor is hereby authorized, on behalf of the City Council, to submit the 2007-08 Annual Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development (HUD), attached hereto as Exhibit "A", and incorporated herein by reference. Said Plan is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2007-2008 CDBG AND HOME ALLOCATIONS DESCRIPTION ALLOCATIONS REMAINING BALANCE CDBG ENTITLEMENT $ Public Services (15%) $ Prior -year Commitments: V„ II8IHX3 Section 108 Loan Payment $ 1,135,220.00 170,283.00 516,214.25 Fire Apparatus Lease Payment #2 $ 78,453.00 Fire Apparatus Lease Payment #1 $ 60,116.00 Administration (20%) $ 227,044.00 $ Community Enhancement Capital Improvement Projects (CIP) 170,283.00 $ 0.00 Total $ 83,109.75 83,109.75 HOME ENTITLEMENT $ 593,067.00 593,067.00 J Tab No. Organization m 3 Community Services Community Services Fair Hsg Council of San Diego Program Administration Neighborhood Council Program Fair Housing Services ADMINISTRATION AND PLANNING FY 06-07 Funding $ $101,054.00 $ Total for ADMINISTRATION & PLANNING Amount Requested City Council FY 07-08 Allocation 10,000.00 $ 103,232.00 31,000.00 $ 144,232.00 $ Tab No. 4 Organization Boys & Girls Club PUBLIC SERVICES Program Transportation Program FY 06-07 Amount Requested Funding FY 07-08 $ 15,725.00 $ 15,725.00 City Council Allocation $ - 5 Boys & Girls Club Annual Club Membership Scholarship $ - $ 5,500.00 $ - 6 City - Building & Safety Graffiti Removal $ 52,776.05 $ 105,000.00 $ - 7 Bum Institute Senior Fire & Bum Prevention $ - $ 4,627.05 $ - 8 Christmas in July * National City City Clean-up Project $ - $ 100,559.00 $ - g Community Food Bank Project Hunger/Independence $ - $ 50,000.00 $ - 10 Community Services Tiny Tots $ 24,736.00 $ 24,736.50 $ - 11 Community Services Learn to Swim $ - $ 25,660.00 $ - 12 Community Services George Water Nutrition Prgm $ - $ 20,000.00 $ - 13 Community Services Senior Citizen Transportation $ - $ 15,500.00 $ - 14 Community Youth Athletic Ctr Program Development $ 20,000.00 $ 100,000.00 $ - 15 Council of Phillipine American Org EITC, VITA & TCE $ - $ 20,000.00 $ - 16 Las Palmas Little League Scholarship Program $ - $ 20,000.00 $ - 17 MAAC Project Economic Opportunities Prgm $ - $ 30,000.00 $ - 18 National City Diablos Pop Warner Youth Football & Cheer $ - $ 35,000.00 $ - ) 19 National City Public Library Literary Services $ 47,250.00 $ 47,250.00 $ - 20 Operation Samahan Displaced Youth Empowerment Program $ - $ 50,000.00 $ - 21 PASACAT The Phillipines through Dance Program $ - $ 15,000.00 $ - 22 San Diego Community Hsg Corp Park Villas Family Learning Ctr $ - $ 11,800.00 $ - 23 San Diego Community Hsg Corp Granger Wellness Center $ - $ 53,500.00 $ - 24 South Bay Community Services Critical Hours-Summercrest Apt $ - $ 15,000.00 $ - 25 Trauma Intervention Services Program Team $ 8,000.00 $ 8,000.00 $ - Amount Requested Public Services FY 07-08 City Council Allocation Totals $ 772,857.55 $ - Deficit 602,574.55 170,283.00 Tab No. 26 Organization City- Building & Safety COMMUNITY ENHANCEMENT Program Code Enforcement FY 06-07 Amount Requested Funding FY 07-08 City Council Allocation $ - $120,928.97 $ 186,000.00 27 City- Building & Safety Housing Inspection Prgm $120,928.98 $ 125,000.00 $ - 28 Christmas in July* National City Office Construction $ - $ 50,000.00 $ - 29 PASACAT Renovation Project $ - $ 200,000.00 $ - Total for COMMUNITY ENHANCEMEN $ 561,000.00 $ - CITY Tab No. Organization 30 City -Community Services CAPITAL IMPROVEMENTS PROJECTS (CIP) FY 06-07 Amount Requested Program Funding FY 07-08 Las Palmas Score Shacks $ - $ 160,000.00 City Council Allocation $ - 31 City -Community Services Resurface Tennis Courts $ - $ 30,000.00 $ - 32 City - Engineering Alley Improvements $ - $ 150,000.00 $ - 33 ICity - Engineering Upgrade Substandard Pedestrian Ramps $ 75,000.00 $ 150,000.00 $ - 34 City - Engineering Misc. Concrete Improvements $ - $ 100,000.00 $ - 35 City - Engineering Misc. Storm Drain Improvement $ 50,000.00 $ 50,000.00 $ - 36 City- Fire Fire Apparatus Lease Payment $ 78,453.00 $ 78,453.00 $ - 37 ity- ire Fire Apparatus Lease Payment $ 60,116.00 $ 60,116.00 $ - ota or • • • 1' • - • ' 1 ` • • • ( • $ 778,569.00 Amount Requested Administration/Enhancement/Capital Improvement Project- FY 07-08 $ - City Council Allocation $ - Totals $ 1,483,801.00 Deficit 1,400,691.25 83,109.75 Tab No. Organization 38 39 HOME INVESTMENT PARTNERSHIP ACT (HOME) Economic Development 40 Economic Development Habitat for Humanity Program Administration Assistance in Affordable Hsg 18th Street Affordable Hsg FY 06-07 Funding $ 59,773.00 $ 537,963.00 Home Investment Partnership Act (HOME) Totals Deficit Amount Requested FY 07-08 $ 59,306.70 $ 37,963.00 $ 500,000.00 Amount Requested FY 07-08 $ 597,269.70 City Council Allocation 4,202.70 City Council Allocation $ 593,067.00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. _.. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, RELATING TO APPROVAL OFAN ORDNANCE REPEALING SECTIONS 4.60.010 THROUGH 4.60.180 OF THE NATIONAL CITY MUNICIPAL CODE IN ORDER TO REPEAL AN EXISTING ONE PERCENT TRANSACTIONS AND USE T (SALES TAX) USED FOR CITY SERVICES, FACILITIES AND PROGRAMS. PREPARED BY Michael R. Dalla DEPARTMENT City Clerk City Attorney EXPLANATION George H. Eiser, III Please see attached memorandum. I -Environmental Review XX N/A Financial Statement Sufficient funds are available to place the measure on the ballot. Account No. (STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution A.?-,,, ((,•Ae•% City of National City Office of the City Clerk 1243 National City Blvd. National City, CA 91950-4397 619-336-4228 619-336-4229 fax March 13, 2007 TO: Mayor and City Council FROM: Michael R. Dalla, City Clerk SUBJECT: Transactions and Use Tax; Placement on November 4, 2008 Ballot California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transactions and use tax (a sales tax) at a rate of 0.25 percent or a multiple thereof, provided the tax is approved by a two-thirds vote of the City Council and by a majority vote of the qualified voters of the city voting in a election on the issue. At a Special Municipal Election held on June 6th, 2006, a majority of National City voters (59%) approved an ordinance imposing such a tax. On February 20th, 2007, an initiative petition to repeal the tax was certified to the City Council to contain sufficient signatures to place such a measure on the ballot. This Resolution places that initiative measure on the November 4th, 2008 General Municipal Election ballot. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, RELATING TO APPROVAL OF AN ORDINANCE REPEALING SECTIONS 4.60.010 THROUGH 4.60.180 OF THE NATIONAL CITY MUNICIPAL CODE, IN ORDER TO REPEAL AN EXISTING ONE PERCENT TRANSACTIONS AND USE TAX (SALES TAX) WHICH IS USED FOR CITY SERVICES, FACILITIES AND PROGRAMS WHEREAS, the City Council of the City of National City is required to submit to the qualified voters of the city at the general municipal election to be Held on November 4, 2008, a measure to repeal an existing ordinance imposing a one percent transactions and use tax (a sales tax); and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed measure to approve the ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 4, 2008: Shall an ordinance be approved repealing Sections 4.60.010 through Yes 4.60.180 of the National City Municipal No Code, in order to repeal an existing one percent transactions and use tax (sales tax) which is used for City services, facilities and programs? Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct an election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Resolution No. 2007 — March 20, 2007 Page Two Section 7. That notice of the time and place of holding said election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECTION 1. SECTION 2. SECTION 3. SECTION 4. TEXT OF INITIATIVE THE PEOPLE OF THIS CITY OF NATIONAL CITY DO ORDAIN AS FOLLOWS: This Initiative shall be known as the "Repeal of Proposition D Initiative". Section 4.60.010 through 4.60.180 of Chapter 4.60 of the Municipal Code of the City of National City are hereby repealed. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or application, and to this end the provisions of this measure are severable. This initiative may not be amended except upon voter approval. EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE March 20 2007 AGENDA ITEM NO. 17 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. PREPARED BY EXPLANATION ODEPARTMENT Michael R. Della ,-tHi City Clerk George H. Eiser, III �J City Attorney The proposed resolution would call and give notice of a General Municipal Election to be held on November 442008 for the purpose of submission of a ballot measure to the voters relating to repeal an ordinance imposing a One Cent Transaction and Use Tax (sales tax) for city services, facilities and programs. 2 CEnvironmental Review N/A Financial Statement Approved By: Sufficient funds are available to place the measure on the ballot. >STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION Finance Director Account No. ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF SUBMISSION OF A BALLOT MEASURE TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on November 4, 2008, for the purpose of submission of a ballot measure to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 4, 2008, a General Municipal Election for the purpose of submission of the following ballot measure to the voters: Shall an ordinance be approved repealing Sections 4.60.010 through Yes 4.60.180 of the National City Municipal No Code, in order to repeal an existing one percent transactions and use tax (sales tax) which is used for City services, facilities and programs? Section 2. The election hereby called for November 4, 2008, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 3. That the ballots to be used at the election shall be in form and content as required by law. Section 4. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct this election. Section 5. That the Polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Resolution No. 2007 — February 7, 2006 Page Two Section 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed ar1difectectto-give-ffor additional notice. of the election, in time, form and manner as regujred by law. PASSED and ADOPTED (his 7th day of February, 2006. Ron Morrison, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE March 20, 2007 AGENDA ITEM NO. 18 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF� SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. PREPARED BY EXPLANATION Michael R. Dalla George H. Eiser, III 4 DEPARTMENT City Clerk City Attorney Section 10403 of the California Elections Code authorizes the City to place a ballot measure on the same ballot as that provided for a Statewide Election, and to consolidate a general Municipal Election with a Statewide Election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. ( vironmentaI Review Financial Statement XX N/A Approved By: Sufficient funds are available to place the measure on the ballot. Finance Director Account No. _ STAFF RECOMMENDATION Adopt resolution. BOARD / CQMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed resolution Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 4, 2008, for the purpose of submission of a ballot measure to the voters; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers for the two election be the same, and that the Registrar of Voters of the County of San Diego canvass the ,returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 4, 2008, for the purpose of submission of the following ballot measure to the voters: Shall an ordinance be approved repealing Sections 4.60.010 through Yes 4.60.180 of the National City Municipal No Code, in order to repeal an existing one percent transactions and use tax (sales tax) which is used for City services, facilities and programs? Section 2. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Section 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. Section 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the Book of original Resolutions of the City. Resolution No. 2007 — March 20, 2007 Page Two PASSED and ADOPTED this 20th day of March, 2007. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 19 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF"" AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE REPEALING SECTIONS 4.60.010 THROUGH 4.60.180 OF THE NATIONAL CITY MUNICIPAL CODE IN ORDER TO REPEAL AN EXISTING ONE PERCENT TRANSACTION AND USE TAX (SALES TAX) USED FOR CITY SERVICES, FACILITIES AND PROGRAMS, AND REESTING COUNTY SERVICES. PR EPARED EXPLANATION DEPARTMENT City Clerk George H. Eiser, II City Attorney Michael R. Dalla Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the ballot measure, not to exceed 500 words in length. The impartial analysis shall show the effect of the measure on existing law and the operation of the measure. Preparation of the impartial analysis is discretionary with the City Council. Section 9282 of the Elections Code provides that the City Council, any councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. Section 9285 of the Elections Code authorizes the filing of rebuttal arguments by those filing arguments in support of and in opposition to a measure. However, the City Council, pursuant to Resolution No. 2001-191, took action to preclude the filing of rebuttal arguments. This action will remain in effect until such time as Resolution 2001-191 is repealed. Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A 20".;9180': RESOLUTION 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE REPEALING SECTIONS 4.60.010 THROUGH 4.60.180 OF THE NATIONAL CITY MUNICIPAL CODE, IN ORDER TO REPEAL AN EXISTING ONE PERCENT TRANSACTION AND USE TAX (SALES TAX) WHICH IS USED FOR CITY SERVICES, FACILITIES AND PROGRAMS, AND REQUESTING COUNTY SERVICES WHEREAS, the City Council has passed a resolution entitled "Resolution of the City Council of the City of National City Ordering the Submission of a Measure to the Qualified Voters of the City of National City at the General Municipal Election to be held on November 4, 2008, Relating to Approval of an Ordinance Repealing Sections 4.60.010 Through 4.60.180 of the National City Municipal Code, in Order to Repeal an Existing One Percent Transactions and Use Tax (Sales Tax) Which is Used for City Services, Facilities.. and Programs"; and WHEREAS, the City Council desires that the election called under the Resolution be consolidated with any other election to occur on November 4, 2008, in the territory of the City and that said measure be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a general municipal election in the City on November 4, 2008, pursuant to the Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to file Written Argument. The Mayor and the City Council, or their designee, are hereby authorized to prepare and file a written argument to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 words in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or In opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Section 3. City Attornev's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Resolution. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Resolution showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Resolution No. 2007 — March 20, 2007 Page 2 Section 4. Consolidation; Manner of Conducting Election. The election hereby called for November 4, 2008, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvasses, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the General Municipal Election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. PASSED and ADOPTED this 20th day of March, 2007. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 20 ITEM TITLE CITY OF NATIONAL CITY'S RESPONSE TO THE 2005-2006 SAN DIEGO COUNTY GRAND JURY REPORT ENTITLED: "LACK OF SAN DIEGO COUNTY EVACUATION PREPARATIONS": RECOMMENDATIONS 06-67 AND 06-68 PREPARED BY Walter Amedee it%!' DEPARTMENT Homeland Security Manager EXPLANATION Recommendation 06-67: "The Grand Jury recommends that the San Diego Sheriff, the Mayors and City Councils of the cities of. Chula Vista, Del Mar, National City, Coronado, San Diego, Solana Beach, Encinitas, Carlsbad and Oceanside install emergency signage along the San Diego coastal corridor, directing citizens and visitors to safety in case of a tsunami emergency." Response: This Mayor and City Council agree with the Grand Jury and believe that emergency signage directing citizens and visitors to safety in case of a tsunami emergency will be of benefit. The signage will benefit San Diego coastal cities of the County the greatest. The City has begun the preliminary steps to become StormReady and TsunamiReady that will implement the Grand Jury Recommendations for item 06-67. Recommendation 06-68: "The Grand Jury recommends that the San Diego Sheriff, the Mayors and City Councils of the cities of: Chula Vista, Del Mar, National City, Coronado, San Diego, Solana Beach, Encinitas, Carlsbad and Oceanside find funding sources for the installation of warning sirens for an imminent devastation tsunami." Response: This Mayor and City Council believe this recommendation requires further analysis as it applies to the City of National City and the region as a whole. Based upon a variety of factors, the City believes that the potential threat and impact of a tsunami on the City is relatively low. However, the City understands the larger context in which a tsunami early warning system could be valuable and believes that the evaluation, implementation, and funding of such a system should be coordinated through the County's Unified Disaster Council or Office of Emergency Services. \This response is late due to the City not receiving the original request from the Grand Jury on August 29, 2006. _....) Environmental Review V N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends the acceptance of the Fire Department's response to the Grand Jury's Recommendations and direct staff to submit the response. BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 2005-2006 San Diego County Grand Jury Report entitled: "Lack of San Diego County Evacuation Preparations" Response from Mayor Morrison and Council Members to the Grand Jury 0a99' Mayor Ron Morrison City of National City National City Civic Center 1243 National City Blvd. National City, CA 91950 GRAND JURY County of San Diego Hall of Justice 330 W. Broadway, Suite 477 San Diego, CA 92101-3830 (619) 515-8707 Fax (619) 515-8696 David R. Higgins, Foreman January 22, 2007 Chris Zapata, City Manager City of National City National City Civic Center 1243 National City Blvd. National City, CA 91950 Re: 2005-2006 San Diego County Grand Jury Report entitled: "Lack of San Diego County Evacuation Preparations". Dear Gentlemen: The deadline for response to the above noted report was August 29, 2006. We have not received your signed response. Please send your response to the San Diego County Grand Jury, c/o Ms. Laura Nicks, Grand Jury Coordinator, Hall of Justice, 330 West Broadway, Suite 477, San Diego, CA 92101-3830. If you have any questions, please feel free to contact me. Sincerely yours, 2006-2007 SAN DIEGO COUNTY GRAND JURY DAVID R. HIG IDS .21 FOREMAN DRH//l1n 1 LACK OF SAN DIEGO COUNTY EVACUATION PREPARATIONS SUMMARY The 2005/06 San Diego County Grand Jury investigated two instances in which citizens could receive advance warning to evacuate: a tsunami and an impending nuclear disaster at the naval bases. We are not suggesting that a Tsunami or nuclear disaster is imminent, but caution is advised. A tsunami is a series of giant waves, often a solid, fast moving, towering wall of water, commonly caused by submarine earthquakes or landslides. Tsunamis can strike the closest coastlines with terrific force, only minutes after the triggering event. They often travel across the oceans thousands of miles away and many hours after the source event occurred with sufficient energy to cause damage and loss of life. What would the people of San Diego do in the event'of a devastating nuclear accident on the North Island Naval Base or at the Ballast Point Submarine Base? The U.S. Navy- has an arsenal of nuclear weapons and reactors in their vessels in San Diego, that are reportedly well safeguarded from terrorist activity; hut what about a disaster occurring without adequate warning? These questions concerned the members of the 2005/2006 San Diego County Grand Jury. This report covers the investigation done to assess the possibility of a tsunami caused disaster affecting San Diego's coastline. It will also document the state of preparedness that the governmental agencies of the Cities and in the County of San Diego, charged with the safety of its citizens and visitors, have accomplished. The Grand Jury found that the emergency operations personnel are not adequately prepared. People are in danger from these disasters, due, in part, to a lack of understanding and complacency on the part of the public regarding the forces that might precipitate them, and they are not being educated as to how they should proceed if a tsunami or other disaster did occur. Recommendations have been made hereinafter in anticipation that they will aid in achieving greater public readiness in case of such disasters. PURPOSE • "1'o access the efficiency and effectiveness of the collection and dissemination of tsunami disaster information by San Diego Governmental offices. • To encourage knowledge of the possible threat to all citizens of the natural forces that take place in our earthquake prone arca. J': t) 2 SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) momommOIMOM PROCEDURES Sire Visits • Emergency Operations Center, City of San Diego • Emergency Operations Center, County of San Diego Documents Reviewed • San Diego County Sheriff Emergency Operations Manual, Section 9 (See Appendix) • National Weather Service Tsunami Safety Advice • State of California Seismic Safety Commission — The Tsunami Threat to California, December 2005 • The Los Angeles Times, January 12, 2006 edition • La Jolla Village News, March 23, 2006 edition Television Documentary Reviewed • America's Tsunami, Are We Next? Discovery Channel December 7, 2005 Websites • http://tsunami.gov/ • http://www.stormready.noaa.gov/tsunamiready/ • http:/!www.sdcounty.ca.gov/oes/resources/CPEP.htm! • http:/ sww.sdsheriff.corn/oemanuaUSection9/html • http:!/www.seismic.ca.gov/Appendix A Tsunami Report.html Interviews • Manager from the City of Coronado • Manager from the City of San Diego • San Diego County Department of Emergency Services • Public Safety Group of the Office of the Finance Director of the County of San Diego • City of San Diego Office of Homeland Security • San Diego County Sheriff's Department DISCUSSION The entire western coast of the united States is currently at great risk from the Pacific Ocean, quietly lapping our shores. A fault line affecting the continental tectonic plates that gird the earth is located just fifty miles off the coast. The main zone, known as the C'ascadia subduction zone, lies along the coast of Oregon and Washington and California 3 SAN DI EGO COUNTY GRANT) JURY 200.5-2006 FINAL REPORT (June 28, 2006) trending roughly southwest for about 680 miles. Fault lines emanate from this zone southward past California, USA, and Baja California, Mexico. One of the locations along this fault line is our own La Jolla Trench, which could play a role in a possible tsunami event. A tsunami could also be generated by other offshore faults, from a rapid uplift of the sea floor such as occurred in Sumatra, or from underwater landslides generated by an earthquake. • Geologists, Oceanographers, and Seismologists have warned the people of Washington, Oregon and California that a destructive earthquake triggering a tsunami is going to occur along the Cascadia zone - and it will probably happen sooner rather than later.' The State of California Tsunami Safety Commission, states in its December, 2005 report titled The 'Tsunami Threat to California: Findings and Recommendations on Tsunami Hazards and Risks: "Tsunamis, generated either locally, or from events elsewhere in the Pacific Basin, pose a significant threat to life and property in California." 2 This study enumerates the potential population that could be drastically impacted by a tsunami when it notes, "California has the largest population exposed to tsunami risk." } "The National Oceanic and Atmospheric Administration has estimated that more than one million people in California live within coastal areas that are vulnerable to the terrific force of earthquake driven water, flooding and battering the coastal areas, destroying property and taking human lives. That number does not include the millions of visitors to California's beaches on any given summer day."4 Interviews conducted by thc Grand Jury revealed that Inundation Maps, prepared by the San Diego County Emergency Operations Center, in collaboration with the San Diego Sheriffs Department, gave depth of the flood waters for every 500 meters inland. This distance was considered to be inadequate for areas such as Imperial Beach, Coronado, and other coastal cities as movement to higher ground was impossible or limited. Inundation levels for 50 meter intervals were considered desirable by the emergency personnel interviewed. The City's Director of the Office of Homeland Security, was also interviewed. Ile noted that thc plans for response and evacuation of the tsunami affected areas were to be made by the community Police Departments in cooperation with the San Diego County Sheriffs Department. Recent decisions made by the National Office of Homeland Security have curtailed funding to the City and County of San Diego, which necessitated a change in the directorship of the local office. Information received from the Sheriff's lieutenant, attached to the Emergency Planning Detail at the County Emergency Operations Center, stated that the San Diego Police Department and the Sheriff's Department are working Tsunami, Di,:covcry Channel, December 7, 2005 The Tsunami Threat to California, Findings and Recommendations on Tsunami Hazards and Risks. State of California ;cIsmic Safety Commission. December. 2005, p.4 " Ibid. p.4 Void, SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) closely together to ensure that warning and evacuation systems are efficiently implemented in the event of a tsunami. The Grand Jury inquired into the plans for warning and evacuating the public and found there to be two areas that were deficient. The first area that needs improvement is that of the warning itself. To its credit, the City of Coronado has installed sirens that would warn its citizens that imminent evacuation is needed to save lives. These are acoustically tested yearly and silently tested monthly. This system is not in operation in other communities in San Diego County. The sirens appear to be a more effective way to warn citizens of impending disaster than the public address systems used in helicopters and police cars circulating throughout the city. These methods take time, and time is of the essence. The City of San Diego is not part of the 800 megahertz emergency communications system of the San Diego County's Law Enforcement Communications Network. This system activates the sirens of Coronado, and the Grand Jury received testimony from officers of the San Diego Sheriffs Department, that it would be more efficient to have the San Diego City's Police Department on the same system as the rest of the county for emergency communications. There is no single entity charged with emergency operations in all of the cities and unincorporated areas of San Diego County. The Sheriff's Department is the coordinating body for the 17 cities that are responsible for the emergency operations in their own jurisdictions and all should be operating on the same radio frequency. The second area needed is signage. Signs on all main thoroughfares are essential to direct citizens and visitors to avenues of escape and to shelters from a tsunami. None of San Diego's communities currently have appropriate "escape route" signage. If lives are to be saved, this public posting is urgently needed. fhe County of San Diego's Emergency Operations Center, after an in-depth study of the effects of a massive earthquake and subsequent tsunami, has noted that a two mile wide inland corridor along the County's coast is the area that would be covered by an evacuation order. The San Diego Sheriff's Department outlines their specific response to a tsunami in its Emergency Operations Manual, Section 9. This outline has been included in Appendix A. All of the communities of San Diego County sited on the coast are especially vulnerable. Special evacuation procedures, emergency routing signage, and shelter facilities are needed for them. The L.os Angeles Times newspaper, noted in the January 12, 2006 edition, that "Nearly lour dozen sirens have arrived in Humboldt County as part of a warning system for earthquake generated waves along the north coast." The article goes on to say that "the sirens will be placed in tsunami -prone areas and will he tied into the area's communications system."' This system of sirens is essential to improve the safety of the San Diego County citizens in case of emergencies. The Los Angeles Times Newspaper, January 12, 2006. 5 SAN DIE(;0 COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) The City Manager of Coronado stated that there is an agreement in effect with the Commander of the North Island Naval Base to inform the Mayor of Coronado immediately if there is a possibility of a "nuclear incident" occurring on the Naval bases of San Diego near the City of Coronado. This information is to be communicated to governmental heads and emergency personnel in all other communities of San Diego County. The normal reporting of such an accident would be first to the Department of Defense, from there to the White House, back to the Governor in Sacramento and then to the City and County of San Diego. Such a lengthy string of reporting could be time-consuming and deadly; see the problem ofKatrina/New Orleans disaster. All city and county emergency groups interviewed noted that evacuation would be ill- advised in most scenarios of nuclear disaster in the San Diego area due to climatic and wind conditions in the area. Therefore, "shelter -in -place" activities are advised. Such activities include remaining in the present location and protecting oneself as much as possible from the outside environment. Public education for this contingency is critical. The American Red Cross and the Federal Emergency Management Agency (FEMA) have established worthwhile programs to cover this eventuality. The Grand Jury also found that the Escondido Unified School District has an excellent Oceanography section in their science program directed at middle and senior high school level students. Using suggested charts and diagrams, students are able to understand the inception and forces of tsunami driven waves. This curriculum could serve as a model for San Diego schools. Scripps Institute of Oceanography could also be utilized in the composition of such a curriculum. The Grand Jury urges San Diego's ocean front communities to follow the State of California's Seismic Safety Commission (CSSC) recommendations: "that local earthquake preparedness material should include tsunami safety." 6 They also suggested "incorporation of tsunamis in safety training for workplaces in inundation zones, especially ports."' The CSSC also suggested "including multi -language education about tsunami hazards and how to respond to large coastal earthquakes, sudden water level changes and official tsunami warnings in all San Diego area schools."8 The San Diego County web site offers the following for the guidance of its citizens telling them what to do, not how to do it, in the event of a life -threatening disaster. WHAT SHOULD YOU DO? • Remain calm. • Be aware of your surroundings. The Tsunami'1'hreat to California, Findings and Recommendations on Tsunami Ilazards and R;sks. State of ('alifoini❑ Seismic Safety Commission. December, 2005, p.13 Ibid. p. i 3 Ibid. p.13 6 SAN DIEGO COUNTY GRAND .AIRY 2005-2006 FINAL REPORT (June 28, 2006) • Have a family preparedness plan. • Stay informed. • If an evacuation is ordered, follow the instructions of local officials regarding evacuation routes and the location of shelters. • If shelter in place is recommended, local officials will provide instructions on necessary actions • Do not leave your sheltered location or return to the evacuation area until it is deemed safe to do so by local officials.`' FACTS AND FINDINGS Fact: The scientific community has warned that a destructive earthquake triggering a tsunami is going to occur along most of the western coast of the United States "sooner rather than later." Finding: Tsunamis pose a significant threat to life and property. Fact: New mapping is crucial for emergency evacuation planning. Finding: Inundation maps showing possible San Diego County shoreline which might be submerged by tsunami waters is not adequate. Fact: With the exception of Coronado, San Diego's coastal regions do not have sirens to warn citizens of tsunami, nuclear, or other impending disasters. Fact: None of San Diego's communities currently have signage to direct citizens, and visitors, to avenues of escape and to shelters. Fact: The San Diego Police Department does not use the county wide 800 megahertz emergency communication system of San Diego County's Law Enforcement Communication Network. Finding: The San Diego Police Department needs fo he on the same system as the rest of the county for emergency communications. (enrol ism: A Guide to Domestic Preparedness, prepared by, the Unified San lhes'o County Emergcnc .Services Oreanvanon in cooperation with the County of San Diego Health and Human Services Agency Si Office of Emergency Sefv;ccs. SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) RECOMMENDATIONS The Grand Jury recommends that the Mayor and the San Diego City Council: 06-65: require that the City of San Diego address the addition of the San Diego County's 800 Megahertz Communications network into their emergency communications systems. The Grand Jury recommends that the San Diego County Sheriff's Office: 06-66: require that the inundation maps be revised to include inundation levels in 50 meter intervals. The Grand Jury recommends that the San DiegoSheriff, the Mayors and City Councils of the cities of: Chula Vista, Del Mar, National City, Coronado, San Diego, Solana Beach, Encinitas, Carlsbad and Oceanside: 06-67: install emergency signage along the San Diego coastal corridor, directing citizens and visitors to safety in case of a tsunami emergency. 06-68: find funding sources for the installation of warning sirens for an imminent devastating tsunami. The Grand Jury recommends that the Boards of Education of San Diego County and the San Diego City Unified School District: 06-69: develop a course of study available to all San Diego City and County middle and high schools which includes the investigation of geological forces and effects of underwater earthquakes that might trigger a tsunami. REQUIREMENTS AND INSTRUCTIONS The California Penal Code §933(c) requires any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the agency. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court); except that in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.). such comment shall be made within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code §933.05(a), (h), (c), details, as follows, the manner in which such comment(s) are to be made: SAN DIEGO COUNTY GRAND JURY 2005-2006 F/NAL REPORT (June 28, 2006) 8 (a) As to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the.grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the grand jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with the Penal Code §933.05 arc required from the: ADDRESSEE WIIO MUST RESPOND RECOMMENDATIONS DATE Mayor, City of San Diego 06-65, 06-67, 06-68 8/29/06 City Council, City of San Diego 06-65, 06-67, 06-68 8/29/06 Sheriff, County of San Diego 06-66, 06-67, 06-68 7/31/06 SAN l)IEGO COUNTY GRAND JIJRY 2005-2006 FINAL REPORT (June 28, 2006) 9 ADDRESSEE WHO MUST RESPOND RECOMMENDATIONS DATE Mayor, City of Chula Vista 06-67, 06-68 8/29/06 City Council, City of Chula Vista 06-67, 06-68 8/29/06 Mayor, City of Del Mar 06-67, 06-68 8/29/06 City Council, City of Del Mar 06-67, 06-68 8/29/06 Mayor, City of National City 06-67, 06-68 8/29/06 City Council, City of National City 06-67, 06-68 8/29/06 Mayor, City of Coronado 06-67, 06-68 8/29/06 City Council, City of Coronado 06-67, 06-68 8/29/06 Mayor, City of Solana Beach 06-67, 06-68 8/29/06 City Council, City of Solana Beach 06-67, 06-68 8/29/06 Mayor, City of Encinitas 06-67, 06-68 8/29/06 City Council, City of Encinitas 06-67, 06-68 8/29/06 Mayor, City of Carlsbad 06-67, 06-68 8/29/06 City Council, City of Carlsbad 06-67, 06-68 8/29/06 Mayor, City of Oceanside 06-67, 06-68 8/29/06 City Council, City of Oceanside 06-67, 06-68 8/29/06 Board of Education, County of San Diego 06-69 8/29/06 Board of Education, San Diego City 06-69 8/29/06 Schools Filed: May 31, 2006 10 SAN DIEGO CO11NTY GRAND JURY 2005-2006 FINAL. REPORT (June 28, 2006) APPENDIX A Excerpts from: THE SAN DIEGO COUNTY SHERIFF'S EMERGENCY OPERATIONS MANUAL SECTION 9 Specific Incident Response Plans 9.9 TSUNAMI 9.9.1 PURPOSE To establish general guidelines that ensure an appropriate response in the event of a Tsunami watch, warning, or an actual tsunami. 9.9.2 POLICY During a tsunami watch, warning, or actual tsunami, the San Diego County Office of Emergency Services is responsible for local government notifications. The Sheriff's Department serves as lead agency in notifying law enforcement and fire dispatch agencies. The Sheriffs Department is responsible for evacuations in the unincorporated areas of the county and in contract cities. If requested, the Sheriff's Department will coordinate law enforcement mutual aid to assist other jurisdictions with evacuations. The Sheriff will maintain public order in the Sheriff's area of responsibility. Sheriffs Department personnel should use every effort to ensure citizen safety and well being while remaining aware of both the dangers posed by tsunamis and the limitations of both training and equipment. 9.9.3 PROCEDURE A. 'i'sunami watches and warnings require the immediate attention of Communications Center (CC) Personnel and Field Supervisors. Tsunami watches and warnings for California are generated by the West Coast & Alaska Tsunami Warning Center (WCATWC). The WCATWC distributes the watches and warnings via the National Warning System) NAWAS) to the California State Warning Center (CSWC). 1 Tsunami "Warning" - indicates that a tsunami may be imminent and coastal locations in the warned areas should take immediate actions to safeguard life and property. Generally. areas within a 2 — 3 hour tsunanu travel time will he placed in u warning status. 2. Tsunami "Watch" — is an alert issued to areas beyond the estimated three hour tsunami travel time but within an estimated six hour tsunami travel time. B. Notification — Normally, the Communications Center will be notified, via the beige NAWAS "hotline" phone located on the "Bridge", by the California State Warning Center (CSWC). Additionally, a message will be sent to the CC via CLETS (California i.aw Enforcement Telecommunications System). Tsunami Watch/Warning information can also he found on the inrernet at: http /'wcatwc.arh,noaa gnv. The tsunami watch or warning will include an estimated arrival time for the La Jo! (❑ area. The La Jolla area is the pre -established San Diego location on which 11 SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) the estimate will be based and does not mean that La Jolla is in any greater danger than other areas in the county. 2. The tsunami warning or watch will be updated at least hourly. The National Weather Service will activate the Emergency Alert System for all tsunami warnings. 9.9.4 COMMUNICATIONS CENTER RESPONSIBILITIES A. Although tsunami notification generally will be received via the NAWAS phone or a CLETS message as described above, tsunami warnings or watches may emanate from other sources such as County OES. The person receiving the tsunami watch or warning shall immediately notify the Communications Center Dispatch Supervisors and the Watch Commander. The Watch Commander and the Dispatch Supervisor should confirin the tsunami information if it comes from other than an official source. The information can be verified on the internet at: http://wcatwc.arh.nooa.gov. B. WATCH COMMANDERS RESPONSIBILITIES 1. The Watch Commander shall insure that the Tsunami Manuals from the Imperial Beach and Encinitas Stations arc present in the Watch Commander's Office. a. The Emergency Planting Detail Lieutenant or Sergeant (The Emergency Planning Detail will activate the Department Operations Center for all tsunami warnings) b. County Office of Emergency Services Duty Officer. c. Captains of the Encinitas and Imperial Beach Stations. d. The Duty Commander e. Public Affairs f. Other notifications per the Communications Center Tsunami Check List. C. DISPATCH SUPERVISORS RESPONSIBILITIES The Communications Center Dispatch Supervisor shall: I. Immediately notify all San Diego County Dispatch Centers via LAW and FIRE CC, or by other appropriate channels as determined by the CC Supervisors. The Supervisor shall conduct a roll call to confirm receipt of the message. Dispatch centers not monitoring the radio, or not having a shared frequency shall be notified via the telephone. All Dispatch Centers will then make the necessary notifications within their areas of responsibility. 2. Centers to be notified: Border Patrol lsbad PD Dispatch CDF Dispatch Chula Vista Fire Chula Vista PD CIIP SAN DIEGO COUNTY GRAND JURY 2005-2006 MAL REPORT (June 28, 2006) 12 Coast Gnarcl Coronado PD El Cajon PD Escondido Heartland Fire Dispatch La Mesa PD Rancho Fire National City PD Oceanside PD San Diego Fire San Diego PD San Diego Harbor PD State Parks 3. County OES will make duplicate radio calls via "County Call". These calls will likely be made after the Sheriffs Dispatch Supervisor has made the original calls. These duplicate calls serve as confirmation that the jurisdictions have received notification of the incident. These calls also meet the requirements for redundant notifications. 4. Insure field units are notified via the appropriate radio talk groups and the field supervisors acknowledge the notification. 5. If a "waruine" has been issued the following steps should be taken: a. Designate a dispatcher to develop and send a Community Emergency Notifications System message to the impacted coastal communities within the Sheriff's areas of responsibility. b. Notify all call takers of the pertinent information. In general, areas Icss than one hundred feet in elevation and within two miles of the coast should be advised to evacuate. Callers requiring general information should he referred to 2-1-1. c. Notify the Search & Rescue Coordinator d. Notify the Reserve Coordinator c. Request ASIREA conduct reconnaissance of the coastal areas and issue warnings. f. if only onr helicopter is in-service, contact the ASTRFA Lieutenant or Sergeant and request additional air resources. D. DISPATCHER RESPONSIBILITIES 1. The Dispatchers responsible for imperial Beach Dispatch an;t Encinitas Dispatch will: a. Notify the patrol sergeant in III and Encinitas h. Log all road closures, areas evacuated, Evacuation Centers and other pertinent information into (:AD. SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) 13 9.9.5 PATROL STATION RESPONSIBILITIES A. INUNDATION & EVACUATION PLANS 1. The Imperial Beach and Encinitas Station shall develop tsunami inundation and evacuation plans. A copy of these plans shall be sent to the CC and to the Emergency Planning Detail. The plans shall be updated by the respective stations on an annual basis. The updates shall he sent to the CC and the Emergency Planning Detail. 2. Tsunami evacuation plans should include the number of personnel needed to rapidly and effectively evacuate the inundation area. 3. Tsunami evacuation plans should include a traffic flow and control plan. 4. I.B. and Encinitas Station shall conduct briefing training on the Tsunami plans once a quarter. The training shall be documented. B. TSUNAMI WARNING; I. Upon notification of a tsunami warning, the patrol supervisor shall immediately activate the tsunami evacuation plans. Time is of the essence. 2. A Command Post and Staging Area should he established out of the inundation. a. Request Emergency Response Assistance team (E.R.A.T.) to assist with Command Post responsibilities and Staging Area management. 3. Request the Sheriff's Mobile Force / Platoon to assist in evacuations and crowd control. Request that deputies respond in the natural disaster configuration of two per vehicle. 4. Activate off -duty personnel, reserve deputies, senior volunteers and citizen volunteers as needed, maintain rosters and report available resources to the ('onununications Center or the Department Operations Center when activated. Provide public evacuations and warnings in affected areas. 6. In order to limit radio traffic to essentials, do not broadcast ";elusal.s" Le. persons whn refise to evacuate. Refusals should be noted in CAD or in the Deputy's Notebook. Instiuct deputies to place a short piece of yellow barrier tape i❑ a conspicuous location to indicate that a particular residence has been given the evacuation advisement. 14 SAN DIEGO COUNTY GRAND JURY 2005-2006 FINAL REPORT (June 28, 2006) 8. Determine the areas to be evacuated, the safe routes of evacuation. the Temporary Evacuation Points and the Evacuation Centers. Coordinate Evacuation Centers with the Red Cross. 9. Request the Communications Center activate the Community Emergency Notification System, which will place emergency phone calls to the impacted residences advising them of the situation. 10. Notify Public Affairs and request media liaison. Remember the Media cannot be denied access to the inundation / evacuation arca. 405.9(d). PC 11. Establish Communications with the impacted contract cities. 12. Advise the Communications Center, or the Department Operations Center, of any requests for evacuation of instinttionalized or disabled persons if unable to handle with available resources. 13. Conduct ongoing beat survey to discover further damage and hazards. If the Tsunami strikes the coast, dispatch patrol units or AS"IREA to survey for casualties, damage and collapsed structures requiring a "heavy rescue" effort. 14. Record any significant damage in a damage survey report log maintained at the Law Enforcement Command Post. 15. Provide/coordinate security and crowd control at vital installation. key industrial facilities, storage areas and evacuation areas. 16. Provide the CC with an updated — Situation Report — at least every thirty minutes. This may be done verbally. 37. Maintain records and write After -Action Report. C. TSUNAMI WATCH 1. Upon notification of a tswcanti watch, the patrol supervisor shall: a. Review the Station Tsunami Inundation & Evacuation Plans. b. Take steps to prepare and initiate the Stations Tsunami Inundation & Evacuation Plan if the watch is upgraded to a warning. c. Monitor any changes in the tsunami status. 9.9.6 TSUNAMI SAFETY a t .A Tsunami will likely consist of a series of waves that can he spaced from a few minutes, to over an hour, apart. SAN DIEGO COUNTY GRAND JURY 2005-2006 FLVAL REPORT (,Tune 28, 2006) 15 h) A tsunami is not a single wave, but a series of waves. The first wave may not be the largest or the deadliest. c) Additional waves may carry greater debris and thus pose a greater hazard. d) Wave size may vary considerably along the San Diego County Coastline. A small wave in one area does not mean that the rest of the coast will not experience a big wave. e) The following are key indicators of an imminent tsunami. Seek higher ground or move inland immediately. 1) Noticeable rise or fall of coastal water 2) Loud roar like a train or aircraft 3) Sudden sea level withdrawal 4) Earthquake in coastal area that produces violent shaking. 16 SAN DIEGO COUNTY (;RAND JURY 2005-2006 FINAL REPORT (June 28, 2006) March 20, 2007 San Diego County Grand Jury c/o Ms. Laura Nicks Grand Jury Coordinator Hall of Justice 330 West Broadway, Suite 477 San Diego, CA 92101-3830 Via Registered Mail Return Receipt RE: City of National City's Response to the 2005-2006 San Diego County Grand Jury Report entitled: "Lack of San Diego County Evacuation Preparations." - Recommendations 06-67 and 06-68 Dear Ms. Nicks: On January 22, 2007, the City received correspondence from the Grand Jury regarding Recommendations 06-67 and 06-68. The above captioned report was attached to the letter. The balance of this correspondence is devoted to the (grand Jury's Recommendations 06-67 and 06-68. Recommendation 06-67: 'The Grand Jury writes: "The Grand Jury recommends that the San Diego Sheriff, the Mayors and City Councils of the cities of Chula Vista, Del Mar, National City, Coronado, Sun Diego, Solana Bench, Encinitas, Carlsbad and Oceanside install emergency signage along the San Diego coastal corridor, directing citizens and visitors to .safety in case of a tsunami emergency" Comment: This Mayor and City Council believe that emergency signage directing citizens and visitors to safety in case of a tsunami emergency will be of benefit. The signage will benefit San Diego coastal cities of the County the greatest. The City has begun the preliminary steps to become StormReady and TsunamiReady. The TsunamiReady Program, developed by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service, is designed to help cities in coastal areas reduce the potential for disastrous tsunami -related consequences. Through the TsunamiReady program, NOAA National Weather Service gives communities the skills and education needed to survive a tsunami before, during, and after the event. TsunamiReady helps community leaders and emergency managers strengthen their local 17 tsunami operations. To he recognized as TsunamiReady, the City will have to meet the following criteria: • Establish a 24-hour warning point and emergency operations center. • Have more than one way to receive tsunami warnings and to alert the public. • Promote public readiness through community education and the distribution of information. • Develop a formal tsunami plan, which includes holding emergency exercises. Upon successful completion of this program, the City would receive emergency signage to be installed along evacuation routes. Although this process can take a few months to complete, the City believes that the process of becoming TsunamiReady will help community leaders and emergency managers develop a comprehensive plan. In addition to becoming TsunamiReady, the City has already developed a tsunami evacuation plan including the attached brochure. Recently, the City obtained funds to print the brochures for the public. These efforts by the City demonstrate its concern for providing public education and a plan to lessen the loss of life before, during, and after a tsunami. Recommendation 06-68: The Grand Jury writes: "The Grand Jury recommends that the San Diego Sheri the Mayors and City Councils of the cities of Chula Vista, Del Mar, National City, Coronado, San Diego, .Solana Beach. Encinitas, Carlsbad and Oceanside find funding sources for the installation of warning sirens for an imminent devastating tsunami." Comment: This Mayor and City Council believe this recommendation requires further analysis as it applies to the City of National City and the region as a whole. Based upon a variety of factors, the City believes that the potential threat and impact of a tsunami on the City is relatively low. However, the City understands the larger context in which a tsunami early warning system could be valuable and believes that the evaluation, implementation, and funding of such a system should be coordinated through the County's Unified Disaster Council or Office of Emergency Services. Warning sirens are very expensive. Costs per siren range in the tens of thousands of dollars not including engineering and installation costs which are above and beyond the base price. Additionally, sirens require ongoing maintenance and testing. Sirens typically cover an area of about 2-3 miles and need to overlap one another to be effective. Their range is dependent on the topography of the area and can be difficult to hear if one is inside a building. Training and public education in multiple languages are major on- going issues associated with sirens, not only for our residents, but also visitors. When sirens are sounded, the public needs to know what to do. Although warning sirens appear to be an easy system to implement, sirens do not direct the public on where to go and what to do. The City believes that a combination of 18 warning systems is a better way of warning the public, providing information, and specific instructions to the public. The City's emergency response vehicles are equipped with public address (P.A.) systems, which are an effective way to quickly provide evacuation instructions to the public. Additionally, the National City Police Department is currently installing a Community Emergency Notification System (CENS) called Reverse 911, which is capable of providing evacuation information over phone lines in the specific danger zone. These notifications can be made in conjunction with other emergency broadcast systems such as the Emergency Alert Systems (EAS) and the NOAA weather alerts. We collectively acknowledge the time invested and the concern shown in this Grand Jury report by the Jury members. We share much of that concern; however, we also know that we do not know all the answers to the questions that they have raised. We would be pleased to support their future review of obtaining emergency signage and warning sirens and hope that we have been responsive to the recommendations raised in the report at hand. Ron Morrison Mayor Frank Parra Rosalie Zarate Vice Mayor Councilman Fideles Ungab Luis Natividad Councilman Councilman Cc: Mr. David R. Higgins, Grand Jury Foreman City Council City Attorney City Manager 19 Legend Evacuation Route Inundation Area n National City Municipal Boundary A '1 f,500 0,000 Mon R,Is map wa1 tktlMI' d M So«Ftwatm Authority or hdernal 4011.160(1 duty. ft Is nut 4Nlthxd t . world* butholtuf td*t it a n'. shooks iv* bR uPerl kw any othur purt uar without the e'Te.uf .+rtbn t.shfi++hceh nl Swtetuoter Artbotutf• sw«stw i MONK), i(1i '.ibis 1Vn11.M: (heats Veda, ilt 915'10 I I» 1wh.N ..M rood cab. shown an thb Ihugf h ggrM.wy uthq mdta, thA rra M IhY knkrrrwhtewh M pursumtto •...I,M',..irf .crtowm.84. only. Any ferdew evIluefklo of Mks u:l.swfrtian k I.104.1 exoIA in rsnnheuo nith fawlh a..l.tnnf+k _, aryw .yhwynA+. Vhn:.ts ?}" unt 'VIVA Moor!, ;wrb 101 r iritcw, CA 91.23 SainGIS t% hat a tsunami (Spii-llali-Iltee)? A tsunami is a series of sea waves most commonly caused by an earthquake beneath the sea floor. In the epen ocean, tsunami waves travel at speeds of up to G(;C miles per hour. As the waves enter shallow wa- ter, they may rise several feet larger than normal. The waves can cause great loss of life and property when they come ashore. The firs: wave is often not the larg- est; successive waves may be spaced minutes apart and continue arriving for a number of hours. l uu ma} find uut :Ibnut a potentially damaging tsunami in two ways: I Strong local ground shaking: If a large earth- quake strikes nearby, the first waves may reach the coast minutes after the ground shaking stops. 2. Official warning issued by the West Coast & Alaska Tsunami Warning Center: Very large earthquakes in other areas of the Pacific Rim or regional earthquakes from the Pacific Northwest might also cause tsunamis. Expect to be notified of an evacuation by TV and radio stations (through the Emergency Alert System and the local law enforcement agencies.) Tsunamis are often no taller than normal wind waves. but they are much more dangerous. Even a tsunami mai looks ,,hall cat he ashgetouSt Any had y.,u lee. • •rpe esnhgweke. or see a da.tunaelCa in dN Donn that nw:t at a ti,mamu +eaa to ngll r000d Of Wand. Who will order the evacuation? The Mayor of the City of National City will order an evacuation based on current information and recommen- dations from emergency management personnel. When will the order to evacuate be given? An order to evacuate the area will only be given if there is credible information from reliable sources indicating there is imminent danger. Who will supervise the evacuation? The evacuation process will be coordinated and con- trolled at the Emergency Operations Center where all coordinating departments can be present. Some of the departments represented will include the National City Police, Fire, and Public Works Departments. How will I know whether this is a vehicular or pedestrian evacuation? Unless there are circumstances which dictate otherwise, all evacuation orders should be considered vehicular. An event or incident in the immediate area which pre- clude the use of vehicular traffic would indicate a walk- ing evacuation is needed. You should not abandon your vehicle because traffic is too congested. This will create an unmanageable situation. Will we be able to use hoth sides of the roadway for evacuation? The emergency plan calls for only the normal (right) side of the roadway to be used. The other side of the roadway needs to be kept clear for responding emer- gency vehicles. As always, obey all instructions of emergency personnel on the scene. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 21 ITEM TITLE Report on City's Historic Properties Ordinance PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION Stephen Kirkpatrick 336-4580 Building & Safety At the March 6, 2007 Council meeting, Janice Martinelli, representing the National City Historical Society spoke under Oral Communications regarding the Historic Properties ordinance. Staff was asked to bring back a report to this meeting. That report is attached for your consideration. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That Council provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Report A-200 i9.99 On several occasions members of the National City Historical Society have appeared before City Council requesting that the City's existing Historic Properties Ordinance be modified. While former Building & Safety Director Kathleen Trees worked with the Historical Society on this, Planning and CDC would also be affected. The current Historic Properties Ordinance requires that a list of historic properties be maintained. There are thirty properties on the list at the present time. The Code also states that the Director of Building and Safety shall review each request for a building or demolition permit to determine if it involves any structure identified on the list. If the property proposed for demolition or significant alteration or conversion is determined to be on the list, the National City Historical Society is notified. They would in turn review the permit and made a report and recommendation to the City Council. The City Council would then take final action on the permit request. The City has also been active in the approval of Mills Act contracts, which offer a reduction in property taxes in return for the preservation of a specific historic property. 1'o date 11 Mills Act contracts have been approved. The Historic Society has indicated an interest in expanding the current list of 30 Historic properties to approximately 150. Another proposal is the establishment of a Historical Resources Board appointed by the Mayor and Council. The Board would identify and designate historic resources for preservation and establish criteria for the historic resources inventory, among other responsibilities. It would also have permit review authority. Expansion of the Historic Sites list could lead to the protection of additional properties with potential historic character. It is also foreseeable that effects on the City's development and redevelopment goals could occur. The potential for public controversy certainly exists as well. An important step would he for staff to evaluate the current process for dealing with historic properties to determine if improvements are needed. One option would be to retain the basic structure of the current ordinance but consider some new additions to the Historic Sites list. Since the Historic Properties Ordinance is located in Title 18 of the Municipal Code, any amendments to the Ordinance would first require a public hearing before the Planning Commission followed by a public hearing before the City Council. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 22 /ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO\ THE PERIOD OF 02/22/07 THROUGH 03/06/07 OF $670,162 Margarita Garcia cli PREPARED BY Associate Accountant DEPARTMENT CDC— Finance 619-336-4269 EXPLANATION See attached report. Environmental Review ✓ N/A Financial Statement Approved by: Fes�iiecoce Director Total expenditures for the period of 02/22/07 THROUGH 03/06/07 amount to $670,162. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 02/22/07 through 03/06/07 A-200 (9180) Pa 'ee FOR MEETING OF MARCH 20, 2007 RATIFICATION OF EXPENDITURES FOR PERIOD: 02/22/2007 - 03/06/2007 Description (G Dc AT SYSTEMS WEST, INC. CAUFORNIA REDEVELOPMENT ASSOC COPY POST PRINTING CORPORATE EXPRESS INC DESROCHF-RS, PAUL ESIRADA LAND PLANNING FOLEY & LARDNER I PARTNERS HUSK PARTNERS LAND AMERICA COMMONWEALTH LIPMAN STEVE-NS & THENE, INC. MAYER HOFFMAN MCCANN PC MAYER REPROGRAPHICS. INC. MORELAND & ASSOCIATES, INC. NATIONAL CONSTRUCTION RENTALS NEW CITY AMERIC'A, INC. OVERLAND PACIFIC & CI TILER. INC POWER PLUS RICK ENGINEERING COMPANY SAN DIEGO CLIPPING SERVICE SAN DIEGO DAILY TRANSCRIPT SCS ENGINEERS TIIE GROVE AGENCY, INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC CDB(i LINARES. MIKE SANDOVAL-BAREFIELD. KATHLFFN NUTRITION A T SYSTEMS WEST, INC. AT&T/MCI CALIFORNIA BAKING CO. CENTRAL MEAT & PROVISION KEI.I.Y PAPER-C11151,A V IS'1'A MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE PADRE JANITOR IAI. SUPPLIES, IN(' PRO -EDGE KNIFE REED'S RESTA';RANT EQUIP. SV( SANCIIEZ, M AN(UEL SIERRA SPRINGS THE COOLING STORE SAN DIEGO GAS & ELECTRIC SECTION'S, HOUSING ASSISTANCE PAYMENTS EQL'IFAX CREDIT INFORMATION SFRVICES MAYER HOFFMAN MCCANN PC XEROX CORPORATION ARMORED CAR SERVICES FOR IAN 2007 SEMINAR FEE- INTRO TO REDEVELOPMENT -FIN DIRECTOR BUSINESS OPPORTUNITY PROGRAM -AUTO DEAFER OFFICE SLIPPUES-REDEV RETIREMENT I IE•AI.TH BENEFIT 01-03/07 HIGHLAND AVE MEDIAN PROJECT MARINA GATEWAY -I .E:GAL SERVICES CONSULTING SERVICES- IANO7 CONSULTING SERVICES- DEC 2006 PRELIMINARY TITLE REPORT APPRAISAL FOR CDC OWNED PARCEL AUDITING SERVICES- FISCAL YR 6/30/06 PROFESSIONAL SERVICES FINANCIALCONSUI.:!ING SERVICES. C. SMITH EQUIP RENTAL - FENCE FARMING D1STRICT-HABA&BAU.O'I ING PARK VILLAGE PROFESSIONAL SERVICES AQUATIC CENTER EQUIP RENTAL BAY MARINA DR CONS ENG SERVICES CLIPPING SERVICES PUBLIC NOTICE: FOR FOUNTAIN PLAZA EN V IR( )NMENTAL CONSULTANTS OFFICE SUPPLIES FOR FINANCE & REDEV ELECTRIC & GAS -CDC OWNED PROPERTIES BAY MARINA DR 1 JNDERGROUND CONVERSION SUBTOTAL - CDC: Chk No 16854 16857 168.59 16860 16861 16862 16863 16864 16865 16867 16869 16870 16871 16874 16875 16876 16877 16879 16882 16883 16884 I6888 16891 16892 16893 CDBCi PROGRAM CONSULTANT 16868 ('UBG PROGRAM CONSULTANT FNVIRONMENT.M. RF.PORTS 16887 SIJB'I'O'l'AL - CDBG: ARMORED CAR SERVICES FOR IAN 2007 NCNP FAX HILL TI IRI1 12/12/06 FOOD -BREAD MEAT PURCHASE PAPER PURCIIASE FOOD - MILK PRODUCTS LINEN SERVICES N(-NP CONSIJM AHLES KNIFE SHARPENING EQUIPMENT REPAIR MILEAGE. REIMBURSEMENT- JAN 07 WATER PURCIIASE HOT SHOT REPAIR ELECTRIC & GAS SUBTOTAL - NUTRITION: TOTAL - GENERAL FI IND: MANUAL PAYMENTS' CRF.I)1T REPORTS FOR S8 APP & PART AUDITING SERVICES- FISC'AI- YR 6/30(06 S8 COPIER FOR EQUIPMENT REN'TAI. TOTAL - SECTION 8: 16854 16855 16856 16858 16866 16872 16873 16878 16880 16881 16986 16889 16890 16892 10322 19323 10324 Amount 5317.75 385.00 543.75 74.32 330.00 1,091.87 82.5.00 5,242.60 5,000.00 850.00 3,000.00 1,000.00 236.02 5,369.63 473.57 5,822.79 1.850.00 195.00 13,848.41 59.70 301.60 15,071.38 1,285.03 349.82 1,289.00 S64,812.24 52,175.00 900.00 $3,075.00 5467.23 246.54 535.23 3.321.83 61.73 702.15 137.25 1.964.80 140 00 329.04 52.96 22.10 632 15 3.386.04 $11 999.05 §79i86.29 5587,778.07 58.5(1 2,1100.00 439.19 S590,275.76 TOTAL. OF ALL FUNDS: S670,162.05 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 23 ITEM TITLE Cash and Investment Quarterly Reports for 1st Quarter Ending September 30, 2006 and 2nd Quarter Ending December 31, 2006. PREPARED BY Tess Limfueco /'? DEPARTMENT Finance Director EXPLANATION CDC— Finance x 4330 For the Community Development Commission Chairman's and Commissioners information and in compliance with the Community Development Commission'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 are hereby submitted. These reports reflect the components of the Investment Program for the periods ended. The Investment Portfolio provides sufficient liquidity to meet the quarters ended estimated expenditures. Environmental Review ✓ N/A Financial Statement Not Applicable Account No. N/A STAFF RECOMMENDATION Staff recommends the reports be accepted and filed. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Portfolio Summary - 1st Quarter Ending 09/30/06 and 2nd Quarter Ending 12/31/06 A-200 (9/80) .Ir v1 1 I It_ vl 1 1 LirIVM I IVIVHL I T INVESTMENT INVENTC ITH MARKET VALUE AS OF SEPTEMt31=R 30, 2006 ACCT TYPE DESCRIPTION MATURITY DATE INTEREST RATE CUSIP BOOK VALUE PAR VALUE CURRENT MARKET. V}ALIiE,'ACCRtlE4 UNREALIZED %QF = MARKET.PRICE 'INTEREST' GAIN/(LOSS) INVESTMENT, CASH CSH WELLS FARGO Redevelopment Fund Section 8 Fund Nutrition Center Patron Fund Family Self Sufficiency Fund TOTAL CASH NIA $ 1,907,983.37 $ 1,907,983.37 $ 1,907,983.37 $ 432,956.65 $ 432,956.65 $ 432,956.65 $ 23,580.32 $ 23,580.32 $ 23,580.32 $ 103,597.41 $ 103,597.41 $ 103,597.41 $ 2,468,117.75 $ 2,468,117.75 $ 2,468,117.75 26.09% LAIF LAIF LOCAL AGENCY INVESTMENT FUND TOTAL LAIF N/A $ 1,727,166.05 $ 1,727,166.05 $ 1,727,166.05 $ $ 1,727,166.05 $ 1,727,166.05 $ 1,727,166.05 $ - $ 18.26% NEGOTIABLE CERTIFICATE' OF DEPOSITS - COMMUNITY DEVELOPMENT COMMISSION CD ALLEGIANCE CMNTY BK SOUTH ORANGE 0251121BK9 $ 9/29/2008 5.250% CD AMERICAN CHARTERED BANK 12/4/2006 2.750% CD AMERICAN NATIONAL BANK 1/16/2009 3.650% CD BANK OF OKLAHOMA 4/16/2009 3.200% CD BRIDGEVIEW B&T CO 5/5/2009 3.850% CD CARROLL COUNTY TC OF MO 6/18/2008 2.950% CD COLONIAL BANK, NA 025121BK9 $ 028402A07 $ 064207RL9 $ 108551AU6 $ 145150AK4 $ 99,000.00 $ 95,000.00 $ 99,000.00 $ 95,000.00 $ 97,000.00 $ 95,000.00 $ 99,000.00 $ 95,000.00 $ 99,000.00 $ 95,000.00 $ 97,000.00 $ 95,000.00 $ 98,813.88 $ 99.812% 94,579.15 $ 99.557% $ (186.12) $ (420.85) 95,388.48 $ 306.90 $ (3,611.52) 96.352% 90,222.45 94.971% 93,528.37 96.421% $ (4,777.55) $ (3,471.63) 91,289.30 $ 238.02 $ (3,710.70) 96.094% 195554HK9 $ 98,000.00 $ 98,000.00 $ 95,555.88 $ (2,444.12) 1 1 1 / 13/2007 ...�........... • .•-•-v, I VVIVIIVIIJJIVIV VI II'M VII T Vr IVHI IVIVHL L. I I Y INVESTMENT INVENTORY WITH MARKET VALUE AS OF SEPTEMBER 30, 2006 3.000% 97.506% CD COMMERCE BANK 20056QBZ5 $ 98,000.00 $ 98,000.00 $ 96,878.88 $ (1,121.12) 3/30/2007 3.000 98.856% CD COMMUNITY BANK OF RAVENSWOOD 203584BN6 $ 97,000.00 $ 97,000.00 $ 92,810.57 $ (4,189.43) 4/ 14/2009 3.500% 95.681% CD DORAL BANK 258115JB1 $ 99,000.00 S 99,000.00 $ 98,255.52 $ (744.48) 1 /26/2007 2.950`/ 99.248% CD EUROBANK 29870UDL0 $ 95.000.00 $ 95,000.00 $ 92,033.15 $ (2,966.85) 5;14/2008 3.300% 96.877% CD EVERBANK 29976DAJ9 $ 97,000.00 $ 97,000.00 $ 93,431.37 $ (3,568.63) 4/30/2009 3 800% 96.321% CD FARMERS BRIT 309166AY2 $ 99,000.00 $ 99,000.00 $ 96,125.04 $ 290.08 S (2,874.96) 519./2008 3.450% 97.096% CD FIRST FINANCIAL BANK, NA 32021SCL8 $ 99,000.00 $ 99,000.00 $ 98,141.67 $ 235.43 $ (858.33) 2./5/2007 2.800% 99.133% CD FIRST INTERNET BK OF IN 32056GBQ2 $ 95,000.00 $ 95,000.00 $ 91,542.00 $ 334.84 $ (3,458.00) 1/28/2010 4.150% CD HUDSON UNITED BANK 5/13/2008 3.500% 96.360% 444168D08 $ 100,000.00 $ 100,000.00 $ 97,186.00 97.186% $ (2,814.00) CD INDEPENDENT BANKERS' BANK 45383QDD3 $ 99,000.00 $ 99,000.00 $ 97,573.41 $ 252.25 $ (1,426.59) 5/14/2007 3.000% 98.559% CD INTERCREDIT BANK 458557EV1 $ 95,000.00 $ 95,000.00 $ 94,733.05 $ (266.95) 4/30/2007 4.900% 99.719% CD MBNA BANK CD 4.750% 55264DUKC $ 95,000.00 $ 95,000.00 $ 95,000.00 $ 1013./2006 100.000% CD P.IERIDIAN BANK 589581AC9 S 95,000.00 $ 95,000.00 $ 94,767.25 $ (232.75) '.1,7/2006 2.700% 99.755% VVIVIIVIVIVI I CD MILLENNIUM BANK, NA 11(7'2008 3,600% CD PEACHTREE NATL BANK 10/31/2008 3.400% CD PROVIDENT BANK 5,7/2007 3.000% CD REPUBLIC BANK, UT 5/11 /2007 3.000% CD SOVEREIGN BANK 5/5/2009 3.650% CD THE FIRST NB OF SHELBY 6/18/2008 2.900% CD TRANSPORTATION ALLIANCE BANK 11/17/2006 2.65091. Cash Account Balance TOTAL CD - CDC ucvcwrlvlcIV t l vMMI: 'N Ur I I1 GI I Y Ur NA I IUNAL GI FY INVESTMENT INVENTO ITH MARKET VALUE AS OF SEPTEMBER 30, 2006 60037UCU6 $ 99,000.00 $ 99,000.00 $ 95,577.57 $ 302.70 $ (3,422.43) 96.543°/o 70467XAMB $ 95,000.00 $ 95,000.00 $ 91,409.95 96.221% 743838U44 $ 95,000.00 $ 95,000.00 $ 93,692.80 98.624% 7so31o0ao $ 95,000.00 $ 95,000.00 $ 93,668.10 98.598% 84603MHJ8 $ 99,000.00 $ 99,000.00 $ 94,941.99 $ 306.90 $ (4,058.01) 95.901% 33354PAP2 $ 99,000.00 $ 99,000.00 $ 95,052.87 $ 243.84 $ (3,947.13) 96.013% 89387W0A0 $ 99,000.00 $ 99,000.00 $ 98,674.29 $ 223.02 $ (325.71) 99.671% $ 95,036.60 $ 95,036.60 $ 95,036.60 $ (3,590.05) $ (1,307.20) $ (1,331.90) S 2,717,036.60 $ 2,717,036.60 $ 2,655,909.59 $ 2,733.98 $ (61,127.01) 28.07% FEDERAL AGENCY SECURITIES - SECTION 8 FHLMC 3128X0,167 $ 95,000.00 $ 95,000.00 $ 9/3/2010 4.000% FEDERAL HOME LOAN MTG CORP 11/16/2009 4.000% FNMA 2/25/2011 4.000% FEDERAL NATL MTG ASSN 1/30/2009 4.000% 91,748.15 $ 316.67 $ (3,251.85) 96.577% 3133F1EY9 $ 95,000.00 $ 95,000.00 $ 92,289.65 $ 316.67 $ (2,710.35) 97.147% $ 100,000.00 $ 100,000.00 $ 96,156.00 $ 333.33 $ (3,844.00) 3136F26W3 96.156% $ (2,134.44) 3136F43F9 Cash Account Balance $ 99,000.00 $ 99,000.00 $ 96,865.56 97.844% $ - $ v Money Fund Balance TOTAL CD - SECTION 8 .. ... ��..�. ,.,"., VVIv,iYI1JJI VIV vi ii i�.. l.vl l I Vr iVHI IVIVHL VI I Y INVESTMENT INVENTORY WITH MARKET VALUE AS OF SEPTEMBER 30, 2006 $ $ $ 389,000.00 $ 389,000.00 S 377,059.36 $ 966.67 $ (11,940.64) 3.99% FEDERAL AGENCY SECURITIES -REDEVELOPMENT FHLB FEDERAL HOME LOAN BANK 12,'1912006 2.450% FHLB FEDERAL HOME LOAN BANK 6/18/2007 3.030% FHLB FEDERAL HOME LOAN BANK 2/5/2007 4.0259%b FHLB FEDERAL HOME LOAN MTG CORP 2;1612007 FHLB FEDERAL HOME LOAN BANK 5/12/2009 3.250% Cash and Money Market TOTAL FHLB GRAND TOTAL 31339XA7 $ 1,000,000.00 $ 1,000,000.00 $ 994,310.00 99.431% $ (5,690.00) 3133X4H46 $ 500,000.00 $ 500,000.00 $ 493,255.00 $ 7,575.00 $ (6,745.00) 98.651 % 3133XBLA1 $ 250,000.00 $ 250,000.00 $ 248,992.50 99.597°%° 3128X4AR2 $ 200,000.00 $ 200,000.00 $ 199,118.00 99,559% 3133X6NP7 $ 300,000,00 $ 300,000.00 $ 297,093.00 99.031% $ 1.95 $ 1.95 $ 1.95 $ (1,007.50) $ (882.00) $ (2,907.00) $ 3,250,001.95 $ 3,250,001.95 S 2,232,770.45 $ 7,575.00 $ (31,391.50) 23.60% $ 10,551,322.35 $ 10,551,322.35 $ 9,461,023.20 $ 11,275.65 $ (104,459.15) 100.00°% lJ JIvnVIUIVI I r UC V CLUr'NItIN I L uMMI: Ut- I HE CI I Y OF NA I IUNAL CITY INVESTMENT INVENTO. �,1TH MARKET VALUE AS OF DECEMBER 31, 2006 ACCT DESCRIPTION BOOK TYPE MATURITY DATE INTEREST RATE CUSIP VALUE CURRENT PAR.:.... MARKET VALUE ACCRUED UNREALIZED . % OF VALUE MARKET PRICE INTEREST GAIN/(LOSS) INVESTMENT CASH CSH WELLS FARGO Redevelopment Fund Section 8 Fund Nutrition Center Patron Fund Family Self Sufficiency Fund TOTAL CASH N/A $ 1,730,703.88 $ 1,730,703.88 $ 1,730,703.88 $ 396,467.83 $ 396,467.83 $ 396,467.83 $ 24,310.32 $ 24,310.32 $ 24,310.32 $ 66,648.39 $ 66,648.39 $ 66,648.39 $ 2,218,130.42 $ 2,218,130.42 $ 2,218,130.42 $ 15.97% LAIF LAIF LOCAL AGENCY INVESTMENT FUND TOTAL LAIF N!A $ 7,860,121.47 S 7,860,121.47 $ 7,860,121.47 S $ 7,860,121.47 $ 7,860,121.47 $ 7,860,121.47 S NEGOTIABLE CERTIFICATE OF DEPOSITS- COMMUNITY DEVELOPMENT COMMISSION CD ALLEGIANCE CMNTY BK SOUTH ORANGE 025121BK9 $ 99,000.00 $ 9/29/2008 5.250% CD AMERICAN NATIONAL BANK 028402AD7 $ 99,000.00 $ 1/16/2009 3.650% CD BANK OF OKLAHOMA 064207RL9 $ 95,000.00 $ 4/16/2009 3.200% CD BRIDGEVIEW B&T CO 108551AU6 $ 97,000.00 $ 5/5/2009 3.850% CD CARROLL COUNTY TC OF MO 145150AK4 $ 95,000.00 $ 6;18/2008 2.950°%0 CD COLONIAL BANK, NA 195554HK9 $ 98,000.00 $ 11/13/2007 3.000% CD COMMERCE BANK 0 cn 56.61% 99,000.00 $ 98,754.48 $ 427.19 $ (245.52) 99.752% 99,000.00 $ 95,683.50 $ 297.00 $ (3,316.50) 96.650% 95,000.00 $ 90,624.30 95.394% $ (4,375.70) 97,000.00 $ 93,808.70 $ (3,191.30) 96.710% 95,000.00 $ 91,752.90 $ 230.34 $ (3,247.10) 96.582% 98,000.00 $ 96,052.74 98.013% $ (1,947.26) 200560BZ5 $ 98,000.00 $ 98,000.00 $ 97,439.44 $ (560.56) rn AS OF DECEMBER 31, 2006 3/30,'2007 a, 11,11...14, VVrvnvnJJIVIN LJr I r1C'_,I1 I ur INHI IVINHL ICI I Y INVESTMENT INVENTORY WITH MARKET VALUE 3 000% 99.428% CD COMMUNITY BANK OF RAVENSWOOD 2035648N6 S 97,000.00 $ 97,000.00 $ 93,155.89 $ (3,844.11) 4,1412009 3.500% 96.037°i CD DORAL BANK 258115JB1 S 99,000.00 $ 99,000.00 $ 98,857.44 $ (142.56) 1 '26/2007 2.950% 99.856% CD EUROBANK 29870UDL0 $ 95,000.00 $ 95,000.00 $ 92,413.15 $ (2,586.85) 5/14!2008 3.300% 97.277% CD EVERBANK 29976DAJ9 $ 97,000.00 $ 97,000.00 $ 93,718.49 $ (3,281.51) 4/30/2009 3.800% 96.617% CD FARMERS B&T 309166AY2 $ 99,000.00 $ 99,000.00 $ 96,500.25 $ 280.73 $ (2,499.75) 5/9/2008 3.450% 97.475% CD FIRST FINANCIAL BANK, NA 32021SCL8 $ 99,000.00 $ 99,000.00 $ 98,779.23 $ 227.84 $ (220.77) 2/5/2007 2.800% 99.777% CD FIRST INTERNET BK OF IN 32056CB02 $ 95,000.00 $ 95,000.00 $ 91,784.25 $ 324.04 $ (3,215.75) 1/28/2010 4.150% 96.615% CD HUDSON UNITED BANK 5/13/2008 3.500% 444168D08 $ 100,000.00 $ 100,000.00 $ 97,540.00 97.540% $ (2,460.00) CD INDEPENDENT BANKERS' BANK 453830003 $ 99,000.00 $ 99,000.00 $ 98,156.52 $ 244.11 $ (843.48) 5/14/2007 99.148% CD INTERCREDIT BANK 458657EV1 $ 95,000.00 $ 95,000.00 $ 94,835.65 $ (164.35) 4/30/2007 4.900% 99.827% CD MILLENNIUM BANK, NA 60037UCU6 $ 99,000.00 $ 99,000.00 $ 95,885.46 $ 292.93 $ (3,114.54) 11,7/2008 3.600% 96.854% CD PEACHTREE NATL BANK 70467XAM8 $ 95,000.00 $ 95,000.00 $ 91,732.95 $ (3,267.05) 10/31/2008 3.400% 96.561% CD PROVIDENT BANK 743838U44 $ 95,000.00 $ 95,000.00 $ 94,228.60 $ (771.40) 577,'2007 99.188% VVrvnvi VINI I I VcvI LVrmcIV I 1. V1Vll'✓II' 'IV V1- 1 tit LA I Y Ur NA I IUNAL UI I Y INVESTMENT INVENTC ITH MARKET VALUE AS OF DECEMBER 31, 2006 CD REPUBLIC BANK, UT 760310DR0 $ 95,000.00 S 95.000.00 S 94,204.85 $ (795.15) 5t1112007 3.000% 99.163% CD SOVEREIGN BANK 84603MHJ8 S 99,000.00 $ 99,000.00 $ 95,282.55 $ 297.00 $ (3,717.45) 5/5/2009 3.650% 96.245% CD THE FIRST NB OF SHELBY 33354PAP2 $ 99,000.00 $ 99,000.00 $ 95,547.87 $ 235.97 $ (3,452.13) 6/18i2008 2.900°1. 96.513% Cash Account Balance $ 32.16 $ 32.16 S 32.16 TOTAL CD - CDC $ 2,238,032.16 $ 2,238,032.16 $ 2,186,771.37 $ 2,857.15 $ (51,260.79) 15.75% FEDERAL AGENCY SECURITIES - SECTION 8 FHLMC 3128X0.167 $ 95,000.00 $ 95,000.00 $ 91,815.60 $ 316.67 $ (3,184.40) 913.12010 4.000% 96.648% FEDERAL HOME LOAN MTG CORP 3133F1EY9 $ 95,000.00 $ 95,000.00 $ 92,427.40 $ 316.67 $ (2,572.60) 11/16/2009 4.000% 97.292% FNMA $ 100,000.00 $ 100,000.00 $ 96,219.00 $ 333.33 $ (3,781.00) 2/25/2011 4.000% 3136F26W3 96.219% FEDERAL NATL MTG ASSN $ 99,000.00 $ 99,000.00 $ 96,958.62 $ (2,041.38) 1 /30/2009 4.000% 3136F43F9 97.938% Cash Account Balance Money Fund Balance TOTAL CD - SECTION 8 $ - $ - $ $ 319.75 $ 319.75 $ 319.75 $ 389,319.75 $ 389,319.75 $ 377,740.37 $ 966.67 $ (11,579.38) 2.72% FEDERAL AGENCY SECURITIES -REDEVELOPMENT FHLB FEDERAL HOME LOAN BANK 6/18/2007 3.030% FHLB FEDERAL HOME LOAN BANK 2/5/2007 4 025% 3133X4H46 $ 500,000.00 $ 500.000.00 S 495,345.00 99.069% $ (4,655.00) 3133X8LA1 $ 250,000.00 $ 250,000.00 $ 249,685.00 $ (315.00) 99.874% COCO FHLB FEDERAL HOME LOAN MTG CORP 2./16,/2007 4.010% FHLB FEDERAL HOME LOAN BANK 512./2009 3.250% ..vi....ivi..I I V.-V i iviuv, VVivuViiJJIVIV VI II IL L.I I I L1r I'/11 Ill IVHL LI I T INVESTMENT INVENTORY WITH MARKET VALUE AS OF DECEMBER 31, 2006 3128X4AR2 $ 200,000.00 $ 200,000.00 $ 199,672.00 $ (328.00) 99.836% 3133X6NP7 $ 300,000.00 $ 300,000.00 $ 297,750.00 99.250% $ (2,250.00) Cash and Money Market $ 0.10 $ 0.10 $ 0.10 TOTAL FHLB $ 2,250,000.10 $ 2,250,000.10 $ 1,242,452.10 $ - $ (21,708.00) 8.95% GRAND TOTAL $ 14,955,603.90 $ 14,955,603.90 $ 13,885,215.73 $ 3,823.82 $ (84,548.17) 100.00% CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 24 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 DEPARTMENT Raymond Pe, AICP 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 hotel complex that includes the half block south of 8`h Street. A condominium subdivision has been approved to allow the Bay View Suites to be converted to condominiums. 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 I 98 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. 'fhe EIR is adequate environmental documentation for those projects that are consistent with the Specific Plan. FINANCIAL STATEMENT Not applicable Account No STAFF RECOMMENDATION Staff recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-7) subject to conditions. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Background Report 2. Exhibit (DSP-2006-7) Resolution No. A-200 (9/80) BACKGROUND REPORT Subiect Property The subject property is the half block located on the east side of National City Boulevard, south of 7th Street, north of 8th Street, and east of the alley. The property is one parcel that totals approximately 29,425 square feet (-0.68 acres) with approximately 250-feet of frontage alon National City Boulevard and along the alley, and approximately 117-feet of frontage along 7 th Street and along 8th Street. The subject property is located in Development Zone 4 of the Downtown Specific Plan. The property is developed with a four-story parking structure with commercial space on the ground floor along National City Boulevard, and is part of the Bay View Suites hotel complex that includes the adjacent half block south of 8`h Street. The two half -blocks are tied together by a previously approved condominium subdivision (S-2003-5) that allows the hotel complex to be converted into residential and commercial condominiums. The approved subdivision created two lots —one for each of the two half -blocks. Lot 1 is the subject property and is occupied by the parking garage for the hotel. Lot 2 is occupied by the 170-room hotel building, which is now undergoing the conversion to condominium units. Proposed Development The approved subdivision (S-2003-5) for the Bay View Suites condominium conversion contemplated the potential annexation of additional development on Lot 1 (subject property), and provisions to allow the annexation at the discretion of the subdivider are incorporated in the approved CC&Rs. The proposed development could be subject to potential annexation to the approved condominium conversion subject to Consistency Review approval and compliance with the Subdivision Map Act. The applicant proposes to add one additional parking level and four residential condominium levels above the existing parking structure located on Lot 1. This would be accomplished by retrofitting/reinforcing the structural columns of the existing parking garage to support the five additional levels. The project would add 88 residential condominium units and 105 parking spaces to the existing structure's 198 parking spaces and ground floor commercial space. Each of the residential levels (6-9) would consist of 22 units per floor and result in a total unit mix of' 32 one -bedroom units and 56 studios and suites. The project would add five stories to the existing four-story structure, creating a nine -story building with a maximum height of approximately 86-feet, 6-inches. The proposed addition would be approximately 85,000 square feet in floor area. The existing building on Lot 1 (parking garage) is approximately 101,000 square feet. The existing building on Lot 2 (condominium conversion) is approximately 112,000 square feet. The proposed total floor arca of approximately 298,000 square feet would result in a 5.7:1 floor area ratio (FAR) over Lots 1 and 2 of the existing subdivision. 1 Library, Fire/EMS, and Police facilities. In addition, the project is located in the Morgan Square Property Based Improvement District, where the residential component would be assessed an annual fee of $240 per residential unit, $21,120 annually. 1441 f igpil ¥ i §. | !I? |§ Win! ; f ©a | • p ■ , ■ _02 |§f $ ■ 222 ||§ §§| | /3e n 9 ■ 1 COVER SHEET JWDA MY VIEW GARAGE NATIONAL MT ILM t • • 4,4 t4' • INV 8 l i'/.� i ii[•T .. 1 IIIIVENTII STREET ETIL ITIlIT FTE PLAN + CONTEXT JWDA •••••88 ...... ......"••••• 1.4.•••• ••••••• OW/. .11•111.11... 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SEVENTH BUILDING ALLEY f PLANT LEGEND TREES SYMBOL BOTANICAL NAME NATIONAL CITY BOULEVARD COMMON NAME SZE QTY. NOTES WASHINGTONIA CUPANIOPSIS ANACARDIOIDES T/7; EXISTING SHRUBS €OCAN PALM B' B.T.H. 3 EXISTRG CARROT WOOD 4' CAL 12 EXISTING AGAPAI(THUS, URIOPE Da GN 'GROUP ��li C • •. MCCtil _MAW 0 L/ lop s iJ Oa, y� 1 BCFEMATIC LArDBCAPE PLAN JWDA - w1M41.01.1 0•11•1.Tr i.• w-M441rw1 IIMR BAY VIEW GARAGE CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 25 ITEM TITLE Resolution - 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 DEPARTMENT Raymond Pc, AICP 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 hotel complex that includes the half block south of 8th Street. A condominium subdivision has been approved to allow the Bay View Suites to be converted to condominiums. 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 FIR 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 recommends approval of Downtown Specific Plan Consistency Review (DSP-2006-7) subject to conditions. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution Resolution No. A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING DOWNTOWN SPECIFIC PLAN CONSISTENCY REVIEW FOR BAY VIEW TOWER LOCATION: 701 NATIONAL CITY BOULEVARD APPLICANT: PACIFICA COMPANIES CASE FILE NO.: DSP-2006-7 WHEREAS, the applicant has filed an application for Downtown Specific Plan Consistency Review; and WHEREAS, the adopted procedures for Consistency Review require the Community Development Commission Board ("CDC") to consider all development proposals at a public hearing; and WHEREAS, the CDC considered the application at a duly advertised public hearing held on March 20, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the CDC considered the recommendation and findings of the staff report contained in Case File No. DSP-2006-7, which is incorporated herein by reference, along with the evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare; and WHEREAS, the CDC desires to achieve the goals and implement the policies of the Downtown Specific Plan; and, WHEREAS, the CDC has determined that the adoption of the action recited herein would further the goals and policies of the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City finds that the testimony and evidence presented at the public hearing support the following findings: 1. Basic Compliance — The project complies with the maximum height, minimum setback, maximum floor -area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 2. Creating a Place for People — The project enhances the pedestrian experience with attractive and distinctive design and amenities. 3. Enrich the Existing — The project enriches the qualities of the existing downtown by exhibiting a distinctive design that arises from and complements its setting, including the scale of the downtown, the block, and the street. Resolution No. 2007 — March 20, 2007 Page 2 4. Make Connections — The project is integrated physically and visually with its surroundings. The project exhibits attention on how to get around by foot, bicycle, public transportation and automobile — in that order. 5. Work with the Landscape — The project strikes a balance between the natural and man- made environment and utilizes each site's intrinsic resources — the climate, Iandform, landscape, and ecology to maximize energy conservation and create distinctive amenities. 6. Mix Uses and Forms — The project weaves together different building forms, uses, textures and densities. 7. Design for Change — The project is designed for energy and resource efficiency; creating flexibility in the use of property, public spaces (including the sidewalk) and the service infrastructure and introduces or acknowledges through design; new approaches to transportation, traffic management and parking. BE IT FURTHER RESOLVED that the Community Development Commission Board has considered that the Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the Community Development Commission Board's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the Community Development Commission Board approves said Downtown Specific Plan Consistency Review subject to the following conditions: 1. Mitigation Measures. The project shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Plan. The project shall be developed and maintained in substantial conformance with Exhibit (DSP-2006-7), dated March 20, 2007, except as modified by the conditions of approval. 3. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 4. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings andlor significant features of the project. 5. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. Resolution No. 2007 — March 20, 2007 Page 3 6. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 7. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 8. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter, sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 9. Engineering Requirements. The applicant shall comply with all engineering requirements, including the following. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include Resolution No. 2007 — March 20, 2007 Page 4 the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. e) A sewer permit will be required. The City has prepared a sewer impact study shall that considers the adequacy of the existing sewer system. The fee, as a result of the impact study, is $34,400.34. This is in addition to any fees that the City may be charging. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. f) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. Resolution No. 2007 — March 20, 2007 Page 5 k) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. I) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. m) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. n) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. o) The Final Map shall be recorded prior to issuance of any building permit. p) All new property line survey monuments shall be set on private property, unless otherwise approved. q) The Final Map shall use the Califomia Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the following. a) Street Sidewalks — The developer shall replace existing sidewalks adjacent to the project. b) Sewer Facilities — The project site is served by an 8-inch diameter sewer main. The system is operating at half capacity; therefore, the system may need to be upgraded. c) Street Landscaping — The developer shall install a new or upgraded irrigation system to adequately serve the proposed landscaping improvements. 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the following. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. b) Automatic fire sprinkler system will be required. Resolution No. 2007 — March 20, 2007 Page 6 c) Class I standpipe system will be required d) Secondary on -site supply of water equal to the hydraulically calculated sprinkler design demand plus 100 gallons per minute additional for the total standpipe system shall be provided. e) Automatic and manual fire alarm system with communications system will be required. f) Fire Department central control station will be required. g) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. h) Smoke control system will be required. i) Standby power system will be required. j) Estimated minimum fire flow will be 4,000 gpm measured at 20 psi residual with a flow duration of 4 hours. k) Minimum of two exits, not counting elevators or vehicle entry/exit points will be required out of the parking garages, all levels. I) Fire Department access to the garage areas must be provided from the exterior the structure on at least two opposite sides of the structures. m) Additional requirements may be necessary upon submission of a complete set of plans for permit review and issuance 12. Building Department Requirements. The applicant shall comply with all Building Department requirements. 13. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the following. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and parking areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 14. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the following. a) Evaluate existing bus stops along 8th Street near the intersection of National City Blvd as well as other nearby locations for possible equipment upgrades such as Resolution No. 2007 — March 20, 2007 Page 7 shelters, benches, route maps and trash containers. Shelters should include an electrical (possible photovoltaic) lighting component and at least two (2) CCTV security cameras with a direct feed to NCPD. b) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1 & Centro (Constellation Property Group) S-2006-6/DSP-2005-1 and the Park Loft project. c) The developer should bear all associated costs to implement any Transit recommendations noted above including independent consultants, and bus stop construction such as street cutouts, curb cuts, concrete pads, sidewalk widening, red curbs, etc. d) Long term maintenance of bus stop equipment especially CCTV cameras should be discussed and decided as part of the overall review and included as terms and conditions. e) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. f) MTS recommends adding a stop on National City Blvd northbound, farside of Eighth Street at the new development. This stop would be considered a farside bus stop and would provide a more convenient connection opportunity to Routes 929 from other regional and local services, serving National City. MTS's farside stop spacing standards are as follows: Minimum of 80-ft of Red Curb or no parking, from curb - return; Bus Stop pole installed at 50-ft (MTS Provides the Bus Stop Pole) 15. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 16. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City Attorney of the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Resolution No. 2007 — March 20, 2007 Page 8 17. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 18. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 19. Parkins District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 20. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 21. Expiration. This permit shall expire two years after the effective date of approval unless prior to that date a request for a time extension has been tiled in writing to the Community Development Commission. The process for a time extension shall be the same as the process for application for the original permit. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the Community Development Commission meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III, Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 26 ITEM TITLE Resolution of the Community Development Commission authorizing the Chairman to execute a one year lease with MRW GROUP, INC. for office space at the National City Depot located at 922 West 23rd Street PREPARED BY Colby Young (Ext. 4297) Redevelopment Intern DEPARTMENT Community Development Commiss EXPLANATION MRW Group Incorporated, developer of Marina Gateway Hotel and Commercial Project seeks to renew their lease for the office they currently occupy, located in close proximity to the project site. The CDC wishes to rent the southwest corner office of the second floor of the National City Depot located at 922 West 23rd Street, in National City, Califomia, (Office Space) for the purpose of providing one office space to MRW Group Incorporated. Providing the developer with working office space close to the project site will expedite the development process. The term of the lease is for one year with the option to renew for two additional six month leases. Environmental Review Not applicable. Financial Statement MRW GROUP, INC. shall pay one hundred dollars ($100) per month for the term of this lease, prepaid at the beginning of each month. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. Proposed lease with N1RW Group, Inc. Resolution No. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH MRW GROUP, INC. TO LEASE OFFICE SPACE AT THE NATIONAL CITY DEPOT WHILE WORKING ON THE MARINA GATEWAY HOTEL AND COMMERCIAL REDEVELOPMENT PROJECT WHEREAS, on May 18, 2004, Community Development Commission of the City of National City (CDC) approved a Disposition and Development Agreement with MRW, Inc., to develop the Marina Gateway Hotel and Commercial Redevelopment Project; and WHEREAS, MRW, Inc. is the managing partner of the Marina Gateway Development Company, LLC; and WHEREAS, to be in close proximity to the project, on May 18, 2004, MRW, Inc. leased the corner office of the second floor of the National City Depot located at 922 West 23rd Street, at the cost of $100 a month. Said lease Agreement expires April 11, 2007; and WHEREAS, the CDC and MRW Group, Inc. desire to execute a Lease Agreement for said office space for a term of one year, which will expire on April 11, 2008. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of National City hereby authorizes the Chairman to execute a Lease Agreement with MRW Group, Inc. for the corner office of the second floor of the National City Depot located at 922 West 23rd Street, at the cost of $100 a month, from April 12, 2007 to April 11, 2008. Said Lease Agreement in on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and MRW GROUP, INC. This Lease, made and entered into this 12th day of April , 2007 by and between the Community Development Commission of the City of National City, hereinafter designated as "Lessor," and MRW GROUP, INC., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the Southwest corner office of the second floor of the National City Depot located at 922 West 23rd Street, in National City, California, (Office Space) for the purpose of providing one office working space. B. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, for the benefit of the Marina Gateway Hotel and Commercial Project, in which, per the Disposition and Development Agreement, MRW Group, Inc. is the managing member. C. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: A. OFFICE SPACE: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as the Southwest corner office of the second floor located at 922 West 23rd Street, otherwise known as the National City Depot. 2. Term. The term of this lease shall be for a period of one (1) year, beginning on the date first above written, unless sooner terminated as provided herein, with an option to the Lessee to renew for two (2) additional six (6) month terms. Page 1 of 5 3. Rent. Lessee shall pay as rent for the leased premises the sum of one hundred and No/100 Dollars ($100.00) per month for the term of this lease, prepaid by April 12, as the Lease is executed and options are exercised. 4. Use. Lessor leases the above -described premises to Lessee for the purpose of providing one office space. GENERAL PROVISIONS APPLICABLE TO OFFICE SPACE 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of Nevada. 2. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 3. Improvements. The property contains office space and Parking Premises. Lessee shall maintain all improvements in conformance with the laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 4. Common areas and Utilities. Exhibit A, signed by the parties, shall be attached to this Lease and is the Agreement among the parties for cost sharing, access, security and other Lessee logistics between MRW and the San Diego Electric Railway Association, which is also a Lessee in the Depot. 5. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or to be located on the leased premises. Lessee shall be responsible for all customary tenant maintenance and repair for leases of this nature, and the pro -rated costs of all utilities for the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 6. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers and employees from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee or any sub -lessee. 7. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Page 2 of 5 This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any Toss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on .the leased premises insured against loss or damage by fire in the amounts not Tess than eighty-five percent (85)/0) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 5. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 6. Termination. This Lease may be terminated for cause by either party upon thirty days written notice. Causes for termination shall include, but not be limited to, failure to comply with the Disposition and Development Agreement for Marina Gateway (DDA), failure to obtain a Building Permit to construct the Project within terms specified within the DDA, failure to submit Parking Premises' improvement plans or to construct the improvements, including landscaping, prior to the date an Occupancy Permit is issued for the Project, failure to obtain an Occupancy Permit for the Project within terms of the DDA, or failure to comply with terms of this Lease. 7. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or I'age 3 of 5 enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, 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, subleases, subtenants, or vendees in the leased premises. 8. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 9. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. 10.Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 11. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the office portion of this lease without penalty upon thirty (30) days written notice to Lessee in the event Lessor determines the leased premises are needed for public, municipal, or redevelopment purposes. Signature Page to Follow Page 4 of 5 IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and MRW, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission MRW GRO P, INC. Of the City of National City By: Ron Morrison, Chairman APPROVED AS TO FORM: By: George Eiser, III, CDC Attorney Page 5 of 5 Bv: By !►11,;11�� � ' ichael R. Weber, President Ivar Leetma, Chief Operating Officer 14) PREPARED BY EXPLANATION City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 27 (ITEM TITLE Resolution of the Community Development Commission of the Cityof National Cityauthorizing the Chairma n to execute a one year Lease Agreement with the San Diego Electric Historic Railway Association for the operation and maintenance of the National City Depot at 922 West 23rd Street. DEPARTMENT Brad Raulston (619) 336.4256 Community Development The original contract by and between the Community Development Commission of the City of National City (CDC) and the San Diego Electric Railway Association (SDERA) was signed on August 4, 1998 and termed through August 3, 2003. The two extension contracts signed between this and the current contract termed from July 15, 2003 through July 14, 2004 and from July 15, 2004 through December 15, 2004 respectively. 1'he most recent lease extension was signed on April I, 2005 and is currently termed through March 31, 2007. S.D.E.R.A is currently developing a business plan in coordination with the Harbor District Specific Area Plan and Redevelopment Plan for the City of National City. Given that the Harbor District Specific Area Plan has not been finalized and all parties would like to see that completed before committing to the use of this building for another 5-10 years; the joint recommendation from CDC, Community Services, and SDERA representatives was to extend the contract for one year in hopes that by then, it can be determined whether a Rail museum is a good fit for that region. Environmental Review +I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that City Council approve attached lease agreement with the San Diego Electric Railway Association until March 31, 2008. BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below) Resolution No. 1) Lease Agreement 2) Resolution A 2C0 (019J( RESOLUTION NO. 2007— RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A LEASE AGREEMENT WITH SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. FOR THE OPERATION AND MAINTENANCE OF THE HISTORIC NATIONAL CITY DEPOT (SDERA) WHEREAS, the Community Development Commission of the City of National City (CDC) owns the National City Depot located at 922 West 23rd Street; and WHEREAS, the CDC obtained a grant from the federal government to purchase and restore the Historic California and Southern/Santa Fe Depot (Historic Depot); and WHEREAS, the purpose of owning the Historic Depot is to provide the citizens of National City and the San Diego region a living memorial of the past efforts of those persons who settled the area by the operation of a museum for the public; and WHEREAS, the San Diego Electric Railway Association, Inc. (SDERA) wishes to continue to operate the Historic Depot as a museum open to the public under the terms and conditions of a Lease Agreement for the next two years. NOW, THEREFORE, BE IT RESOLVED, that the CDC hereby authorizes the Chairman to execute a two-year Lease Agreement with San Diego Electric Railway Association, Inc. for the operation and maintenance of the Historic National City Depot. Said Lease Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 20th day of March, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and the SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. This Lease Agreement is made and entered into this 20th day of March, 2007, by and between the Community Development Commission of the City of National City, hereinafter designated as "Lessor" or "CDC", and the San Diego Electric Railway Association, Inc., a non- profit corporation, hereinafter designated as " Lessee". RECITALS A. Lessee desires to coordinate and oversee the maintenance and operation of the property known as the National City Depot (NCD) for the conduct of a rail history museum, including exhibits and programs of general public interest on behalf of the CDC. Said property is hereinafter referred to as "NCD" or "the Property". B. It is in the best interest of Lessor, on behalf of the Citizens of National City, to enter into a Lease Agreement with San Diego Electric Railway Association, Inc. for the use of the NCD as a rail history museum. Activities include the promotion and conduct of programs of community interest relative to the historic role of railroad activities, including electric rail and streetcars, played in the development of the City and region. This Agreement specifically delegates the operation, maintenance and management of the subject property. In exchange for these services, San Diego Electric Railway Association, Inc. will pay no rent to Lessor. NOW, THEREFORE, the parties hereto agree as follows: 1. PROPERTY: Subject to the Lessor's lease with MRW Group, Inc., the property is recognized as the approximate 1.1-acre parcel that includes the 5,000 square foot depot building (museum) and surrounding land, • (paved parking lot) legally described in Exhibit "A". The Lessee hereby acknowledges that the Lessor will be leasing the upstairs southwest corner office and the southern half of the parking lot directly with MRW, Inc. to facilitate the development of a hotel at Marina Gateway, and therefore those areas are excluded from the Agreement, and the use of these facilities by the Lessee is excluded. The anticipated $100 per month office rental income received from MRW, Inc. shall be set -aside by the Lessor and forwarded to the Lessee who is to use it exclusively for repairs and maintenance and/or general restoration of the property. The Lessee shall cooperate and coordinate with MRW, Inc. concerning security and other common issues which may arise as a result of residing within the National City Depot. As the owner of the NCD, all rights and obligations shall remain with the Lessor. 2. CONSIDERATION: Lessor and Lessee acknowledge that the consideration for this Agreement shall be the mutual benefit to be derived from Lessee's use and maintenance of a rail history museum on the premises. 3. TERM: The term of this Agreement is for a twenty-four (24) tnonth period from the date of this Agreement. 4. LEGAL STATUS OF LESSEE: Lessee is a legal non-profit corporation, incorporated under the laws of the State of California whose articles of incorporation and bylaws are attached hereto as Exhibit "B". 5. OPERATION OF NCD: a. Schedule of Museum: Public operations of the NCD shall be scheduled at a minimum to the following timeline: two days a week (Saturday/Sunday) for the first year. b. Other Users: Lessee shall prepare and submit for approval by Lessor's Executive Director any agreements between the Lessee and other organizations that will have a need to establish operations and/or exhibits and displays on the grounds, including any sub -leases by the Lessee of the property. Any such agreements shall be subject to final approval by the Lessor's Executive Director. c. Lessor Use: Lessor may use, without rental fee, the NCD for gatherings for a maximum of 12 times during the twenty-four (24) month period and shall assume responsibility for costs and damages and other requirements for such gatherings that may be necessary by that activity. It is the desire of Lessor not to cause any burden upon the NCD or its operations. d. Public Access: It is understood and agreed between the Lessor and Lessee that the Depot, having two (2) stories to its structure, shall be occupied and used in such a manner in which the general public has access to the bottom floor, and not to the second floor. To this end, and due to the status of the NCD as a museum, all public -oriented activities, displays and exhibits shall be contained on the bottom floor or outside the NCD on its grounds. c. Responsibility of Exhibits: Lessee shall be responsible for any damage to or loss of exhibits, whether their own or belonging to others. Lessor shall not be responsible for any damage or loss of exhibits, except in the case of facility use by Lessor. 6. IMPROVEMENTS: Any permanent improvements to the building and/or grounds of the property shall require the advance written approval of Lessor, and shall become the property of Lessor. Any improvements and the operation thereof shall conform to all requirements of the laws of the State of California and the ordinances of the City of National City. Page 2 NC Depot Lease Agreement 7. MAINTENANCE: Lessee shall provide all basic repair and maintenance to the property, including, but not limited to, deck sealing, replacing broken windows, sealing exterior doors and windows so that no moisture enters the premises. This includes custodial cleaning services, periodic removal of weeds and sweeping of pavement at a minimum of one time per month. Bathroom facilities are to be maintained in clean manner providing basic supplies such as tissue, paper towels, and hand soap. The property at all times should look well maintained. Lessee shall be responsible for organization, set up, and cleanup following events held on the property. 8. UTILITIES: The utility costs for the property, including gas, electric, water, telephone, security, fire alarm, trash and sewer, shall be the sole responsibility of Lessee. 9. INSURANCE: Lessee, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies: a. Owners of vehicles, when carrying out duties on behalf of Lessee, shall maintain automobile insurance of not less than the currents limits set forth by the California Vehicle Code. b. 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. c. The previously mentioned policies shall constitute primary insurance as to Lessor, its officers, employees, and volunteers, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to Lessor of cancellation or material change. d. Said policies, except for the workers' compensation policies, shall name Lessor, the City of National City, their officers, agents and employees as additional insureds. e. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the City of National City's Risk Manager. If the Lessee does not keep all such insurance policies in full force and effect at all times during the terms of this Agreement, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. f. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. Page 3 NC Depot Lease Agreement g. Any aggregate insurance limits must apply solely to this Agreement. h. Lessor shall keep the buildings, improvements, and personal property owned by Lessor and located on the premises insured against loss or damage by fire in the amount of not less than ninety (90) percent of replacement value. This insurance does not cover personal property owned by Lessee. i. Insurance provisions of this Agreement may be reviewed by Lessor every year, and before any renewal of the Agreement, and the required coverages increased as deemed necessary by Lessor. 10. HOLD HARMLESS: Lessee hereby agrees to indemnify, defend and hold harmless the City of National City, Lessor, their officers, agents, employees and volunteers from any and all liability, loss, claims, damages or injuries to any person or property, including injury to Lessee's employees, and all expenses of investigating and defending against same, arising from or connected with performance of or failure to perform the obligations of this Agreement,. or caused by the acts of Lessee, its officers, agents or volunteers or the concurrent acts of the Lessee, the City of National City, Lessor or their officers, agents, employees or volunteers. 11. INSPECTION: Lessor, by and through its designated employees, shall have the right to enter the premises upon 36 hours notice for the purpose of viewing and ascertaining the conditions of same and the operation and maintenance thereof. 12. TERMINATION: Notwithstanding the provisions of Section 3, either Lessor or Lessee may terminate this Agreement without cause upon ninety (90) days written notice to the other party. 13. REMOVAL OF IMPROVEMENTS: It is further agreed between the parties that at the termination or expiration of this Agreement or any renewal thereof, Lessee shall, within thirty (30) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 14. NON DISCRIMINATION: Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of users of the property. Page 4 NC Depot Lease Agreement 15. WAIVER: The failure or omission of Lessor to terminate this Agreement for any violation of any of its terms, conditions or covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, stop or prevent Lessor from terminating this Agreement thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. SIGNS: Lessee agrees that no sign, banner, advertisement or notices, whether permanent or temporary, shall be inscribed, painted or affixed on or to any part or portion of the outside of the property except to be of such type, color, size and style, and in such place as may be approved by Lessor. 17. TAXES: Lessee recognizes and understands that this Agreement may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Agreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the premises. 18. PROHIBITED ACTIVITIES OF LESSEE: It is specifically prohibited for Lessee to sponsor, engage in or permit any of the following activities upon the premises: a. Arcades or carnival type attractions or rides without a valid Temporary Use Permit (TUP) issued by the City of National City. b. Consumption of alcoholic beverages, unless prior written approval of Lessor and the State Department of Alcoholic Beverage Control is first obtained. 19. NOTICES: Notices pursuant to this Agreement shall be by personal delivery or by deposit in the United States Postal Service, first-class, postage -prepaid and addressed as follows: LESSEE: President San Diego Electric Railway Association, Inc. Post Office Box 89068 San Diego, CA 92138-9068 LESSOR: Executive Director Conununity Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 20. COMPLIANCE WITH ALL LAWS AND ORDINANCES: Lessee shall comply at all times with all provisions of State and federal laws, all CDC rules, and regulations, and the ordinances of the City of National City. Page 5 NC Depot Lease Agreement 21. VALIDITY: The invalidity in whole or part, of any provisions of this Agreement shall not affect the validity of any other provisions hereof. 22. COMPLETE AGREEMENT: This Agreement contains the complete and entire Agreement between the parties, and supersedes any previous communications, representations or agreements, whether verbal or written, with respect to this subject matter. No change, addition or modification of any of the terms or conditions of this Agreement shall be valid or binding on the parties, unless in writing and signed by the parties. 23. ASSIGNMENT: Lessee shall not assign or transfer this Agreement, or any part thereof, without the written consent of Lessor. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written above. COMMUNITY DEVELOPMENT COMMISSION SAN DIEGO ELECTRIC RAILWAY OF THE CITY OF NATIONAL CITY ASSOCIATION, INC.. (Lessor) (Lessee) (Signatures of two corporate officers required.) By: Ron Morrison Chairman Name: APPROVED AS TO FORM: George H. Eiscr, III Legal Counsel Title: By: Name: Title: Page 6 `4C: Depot Lease Agreement ORDER NO. 995 620-18 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED .IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:' PARCEL 2 OF PARCEL MAP NO. 7651, IN THE CITY OF NATIONAL CITY, COUNTY. OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A DIVISION OF A PORTION OF BLOCKS 297, 298,.299, 300 AND 301 AND VACATED PORTIONS OF HARRISON AVENUE (FORMERLY NINTH AVENUE) AND 20TH, 21ST, 22ND AND 23RD STREETS LYING BETWEEN SAID BLOCKS OF THE RAILROAD LANDS OF NATIONAL CITY, AS SHOWN ON MAP OF NATIONAL CITY ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,.00TOBER 2, 1882. EXCEPTING THEREFROM MINERALS CONTAINED IN THE ABOVE DESCRIBED LAND, INCLUDING WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AS WELL AS METALLIC OR OTH.i( SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE, THE RIGHT OF GO UPON OR USE THE. SURFACE OF SAID LAND, OR ANY PART THEREOF, FOR THE .PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID. MINERALS, AS RESERVED BY THE ATCHISON TOPEKA AND SANTA FE RAILWAY' COMPANY, RECORDED AUGUST 8, 1978 AS FILE NO. 78-333826 OF OFFICIAL RECORDS. SANTA FE MAY, HOWEVER,AND HEREBY RESERVES THE RIGHT TO REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREBY CONVEYED OR OF ANY IMPROVEMENTS THEREON.. ALSO: EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES CONTAINED IN THE ABOVE -DESCRIBED LAND, AS RESERVED BY SANTA FE LAND IMPROVEMENT COMPANY, A CALIFORNIA CORPORATION, RECORDED AUGUST 8, 1978 AS FILE NO. 78-333827 OF OFFICIAL RECORDS PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR OTHER. HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SHALL HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SLANT -DRILLED WELLS LOCATED ON ADJACENT OR NEARBY LAND, OR BY ANY OTHER MEANS WHICH SHALL NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND. EXHIBIT "A" By -Laws for the SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. ARTICLE I - PRINC]PAL OFFICE The principal office for the transaction of business of the corporation is fixed and located in San Diego County, California. Section I. ARTICLE II - NAME AND PURPOSE The name of this organization is the San Diego Electric Railway Association. Section 2. The specific purpose of this organization is to acquire, restore, preserve for disclosure and perusal of the citizens of the San Diego region artifacts, equipment, records and other material pertaining to the San Diego Electric Railway Company and other organizations and corporations involved in the area's electric railway heritage; to work with local governments, schools, museums and other groups toward the preservations and restoration of the aforesaid materials; and to work toward the establishment of an operational demonstration of San Diego's unique historical electric railway technology. ARTICLE III - MEMBERSHIP Section 1. -The Association ch211-provide for Variou§ voting and non -voting classifications of membership within the Association. Only voting members may hold office.: Section 2. Various membership classifications 01211 be determined from time to time with regard to the functions of the Association. In setting the classifications, special attention should be given to such classifications, but not limited to: student, senior family, and life memberships. Section 3. Different names for the classifications may be used al long as the name and classification definition are defined together. Section 4. Any membership is only valid when dues associated to that membership classification are paid in frill. Rights and privileges to any membership classification can only be exercised with a valid membership. Page 1 of 7 June 13, 1998 EXHIBIT"B" SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. ARTICLE IV - DUES AND CONTRIBUTIONS Section 1. Membership dues shall be reviewed annually by the Board of Directors and changes in the dues schedule must be ratified by the general membership. Section 2. The Association may also receive voluntary contributions for its projects. ARTICLE V - MEETINGS OF THE ASSOCIATION Section 1. There shall be an annual meeting of the Association held in the mouth of November on such day and at such place as the Board Of Directors shall designate. Section 2. Other business meetings may be called at any time by the president, by a majority of the Board of Directors, or by the secretary upon the written request of not less than fifteen (15) members of the Association entitled to vote. Section 3. The presence of five percent of the membership at any business meeting of the Association cha11 be necessary to provide a quorum. If a quorum is not present within thirty (30) minutes after the time appointed for such a, business meeting, the meeting shall be considered adjourned The members may adjourn the meeting to be reconvened at a specified date, and the secretary is required to send all members of the Association notice of such adjournment and the new meeting date. Section 4. Written notice of all business meetings of the members shall be sent to every member at his listed address at least seven (7) days prior to the date of the meeting. Section 5. The order of business at all business meetings of the Association shall be that provided for such meetings of the Association. At special meetings (other than the annual ----- meeting or regular business meetings) only business specified in the notice of the meeting may be acted upon. Section 6. The Association may have regularly scheduled general membership meetings at pre -defined date and time without prior notice given to members. These meetings may also be business meetings as long as Section 4 above has been followed. ARTICLE VI- BOARD OF DIRECTORS Section 1. The governing body of this Association shall be a Board of Directors consisting of the Officers and three (3) directors at large. Page 2 of 7 June 13, 1998 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. Section 2. The three directors at large shall be elected at the annual meeting of the Association, each for a term of two years, on a staggered term basis. (Initially [1998], one director shall be elected for two years.) Section 3. If any vacancy shall occur among the members of the Board during the year by reason of death, resignation, or otherwise, the Board shall appoint a member of the Association to fill the vacancy for the balance of the unexpired term for which the vacated director was previously elected. The vacancy will be filled anew each succeeding year when this is necessary. Section 4. Any director may be removed by a two-thirds (2/3) vote of the Board of directors. Section 5. The Board of Directors chap have general charge and control of the affairs, funds and property of the Association and shall cagy out the purposes of the Association in accordance with these bylaws; but the Board than not alter, amend, or rescind any resolution or motion duly adopted at a business meeting of the Association. All agreements with other organizations shall be ratified by the Board of Directors of this Association. Section 6. The Board of Directors shall adopt rules and procedures of the conduct of its meeting thereat, including provision for voting by mail. The Board shall keep a record of its proceedings and such record 'hail be available for inspection by any member of the Association at all reasonable times. Copies of minutes of meetings shall be delivered by the secretary to all directors. Section 7. Meetings may be held upon the call of the president or any three (3) directors at such time and place as may be specified in the call, after five (5) days notice by mail to the directors stating the purpose of the meeting. When a majority of the directors is present, the meeting shall be deemed to have been regularly called and noticed unless otherwise objected to. The members present may adjourn the meeting to be reconvened at a specified date without further notice to the directors. Section 8. Except as otherwise specifically provided in these bylaws, the affirmative vote of a majority of the members of the Board of Directors who are present shall be necessary and sufficient to adopt any motion or resolution. Section 9. At any Board of Directors meeting of the Association, the presence of sixty (60%) percent members in person shall be necessary to provide a quorum. Section 10. The directors present at any meeting of the Board may cause a mail canvas to be made to the members of the Association on any matter in respect to which a written expression of opinion may be desired, but not be binding on the Board of Directors of the Association as a formal vote. Section 11. The Board may from time to time increase the number of board members in odd increments, but shall at no time operate the Association with fewer than 7 members. Page 3 of 7 June 13, 1998 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. ARTICLE VII - OFFICERS Section 1. The officers of the Association shall be a president, a vice president, a secretary and a treasurer, all of whom Shall be valid members of the Association. Section 2. The officers shall be elected at the annual meeting in each year concurrently with the election of the directors and shall hold office from January 1 of the following year through December 31, or until the election and qualification of their respective successors. Each officer must have been a member of the Association for at least one year prior to election and must be able to attend business and board meetings regularly. The tern of office shall be two years. All officers are subject to annual election and 'than not be eligible to serve more than two consecutive terms in the same office. The restrictions of this section may be oveaidden by a majority vote of the general membership at the annual meeting Section 3. If any vacancy shall occur in an office during the term of office by reason of death, resignation, or otherwise, the Board Shall appoint a member of the Association to fill the vacancy for the unexpired term. Section 4. In addition to the duties and prerogatives prescribed elsewhere in these bylaws, the president shall preside at all meeting of the Association and the Board of Directors, he shall enforce the bylaws of the Association, and he chap perform all executive and other duties ordinarily appertaining to the office of the president. Section 5. In the event of the absence, disability or refusal of the president to act, the vice president shall act in his stead. In the further event of the absence, disability, or refusal f the president and vice president to preside at any meeting, one of the members of the Board of Directors shall be elected to preside. The vice president shall have such additional powers and duties as may be assigned by the Board of Directors. Section 6. The secretary shall give notice of all business meetings of the Association and of - the Board of Directors; he chill cause a record of the proceeding of all such meeting to be made and of all matters of which a record chap be ordered; he shall keep a register of the names and residence of the members of the Association. Section 7. The treasurer shall have charge of all the funds and securities of the Association and make such deposits, investments and withdrawals as may be directed and approved by the Board. The treasurer Shall keep regular accounts of the fiscal affairs of the Association, which accounts shall be subject to inspection by any member of the Board. He chap make a report in writing at each regular meeting of the Board, the said report to contain such information as may be specified by the Board He shall furnish to the auditors, as elsewhere provided in these bylaws, in duplicate, a copy of his annual report. Section 8. The president and treasurer shall each render a calendar year annual report to the member ship of the Association. Page 4 of 7 June 13, 1998 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. ARTICLE VDT - NOMINATIONS AND ELECTIONS Section 1. The nominating committee shall be appointed by the Board. Suggestions for nominations for officers, directors and members of the subsequent nominating committee may be sent at any time to the committee by any member of the Association. The nominating committee shall meet by the end of July, at the call of the secretary or parliamentarian (if one is appointed), elect a chairman, and secure a proposed slate of officers and directors to be announced no later than September 1 of each year. Section 2. The report of the nominating committee of its nominations for officers, directors and members of the succeeding nominating committee shall be sent td all members in the mailing announcing the date of the annual meeting. Immediately following the presentation of the report, nominations shall be verified for eligibility and thereafter approved for voting by the membership. Section 3. The elections shall be by ballot when no more than one candidate is nominated for the same office. Other wise, there being no objections, elections may be by voice vote. Majority of the votes cast than elect. Absentee or proxy voting shall not be permitted. ARTICLE IX - COMMITTEES AND APPOINTMENTS Section 1. The president, subject to approval by the Board of Directors, may designate such committees as may seem to be desirable from time to time, in order to carry out the purposes of the Association, and he, or they, may specify the number of members to compose each such committee and the duties thereof. The purposes and duties of such committees shall be consistent with Associations policies. -- Section 2. - Committee chairmen shall be appointed by the president for a t rni of one year subject to the•ratification of the Board of Directors. They shall be members in good standing of the Association and may attend meetings of the Board of Directors. The president of the Association may be a member "ex officio" of every committee except the nominating and auditing committees. Section 3. No committee shall spend more than the amount of twenty five ($25) dollars without the prior approval of the Board of Directors. All money collected by the committees shall be remitted to the treasurer. Section 4. The chairman of each committee shall present a written report whenever requested to do so by the president. Each chairman shall submit a written report at the end of the fiscal year. Immediately following the meeting at which a successor is appointed, the retiring chairman shall turn over to the successor all records, reports and written procedures of the committee. Page 5 of 7 June 13, 1998 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. Section 5. The officers of parliamentarian and historian may be appointive by the Board and their duties shall be as follows: the parliamentarian chap serve in an advisory capacity to the President, the Board of Directors and all committees when requested and he chail call the nominating committee together., instruct the committee in its duties, preside during the election of a chairman, and then leave. The historian shall keep a concise record of the Association's activities and submit a written requirement at the annual meeting. ARTICLE X - FINANCIAL ADMINISTRATION Section 1. The fiscal year of the Corporation chap run from the first day of October through the thirtieth day of September Section 2. A proposed budget shall be prepared by a committee of at least five members - including the treasurer, to be appointed by the president. It then must be reviewed and approved by the Board of Directors, and thereafter mailed with the notice of the annual meeting to all Association members. Section 3. A qualified auditor shall be appointed at the request of the president to atulit the books of the Corporation at the end of the fiscal year, or upon resignation of the treasurer, or upon the written request of six directors. ARTICLE XI - DISSOLUTION All property is irrevocably dedicated to educational and charitable purposes and in the event of dissolution of the Corporation for any cause, said property will not inure to the benefit of any private person except a non-profit fund, foundation or corporation. ARTICLE XII - AMENDMENTS AND PARLIAMENTARY PROU.DURE Section 1. These bylaws may be altered or amended at any meeting of the members, or at any other meeting called for that purpose, by a two thirds (2/3) of the votes cast, providing members have received written notice of the proposed change, at least fifteen (15) days prior to the meeting at which a vote will be taken. Section 2. The rules contained in Robert's Rules of Order, current revision, shall govern in all cases to which they are applicable and in which they are consistent with these bylaws. Page 6 of 7 June 13, 1998 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. Declaration These By -Laws are hereby declared to be voted on by the general membership at the meeting held on June 13, 1998, and approved. These By -Laws hereby supercede all previous versions published. In witness hereof on June 16, 1998: JTom Matson President Secretary Page 7 of 7 June 13, 1998 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 6, 2007 AGENDA ITEM NO. 28 ITEM TITLE A report on the Request for Proposals for redevelopment, land use, and economic consultants related to the feasibility of a Harbor District Industrial Park suitable for the relocation of potential non- conforming uses within the City of National City's Westside Specific Planning area. PREPARED BY Patricia Beard (ext 4255)4, Redevelopment Manager DEPARTMENT Community Development Commi sion EXPLANATION Based on requests from the Environmental Health Coalition, on October 17, 2006 the Community Development Commission ("CDC") authorized staff to issue a Request for Proposals ("RFP") for the above -mentioned feasibility study. Subsequently, the RFP was issued, five (5) responses were reviewed by a sub -committee of staff, and finalists were selected. Upon opening sealed cost proposals from the applicants however, the feasibility study proposals exceeded the amount anticipated by staff. This report provides an overview of the process and seeks direction regarding options for proceeding. (Please see attached Background Report.) Environmental Review Not applicable. Financial Statement No funds have been budgeted for the feasibility study. Account No STAFF RECOMMENDATION Review and discuss options and provide direction for proceeding with this community -requested project. BOARD / COMMISSION RECOMMENDATION Not applicable. ( ATTACHMENTS I . Background report 2. Resolution No. ATTACHMENT 1 BACKGROUND REPORT The Planning Department is working with the community to finalize a Specific Plan for the Westside neighborhood (frequently called Old Town). A major objective of the Specific Plan is to mitigate negative consequences in the neighborhood that have been caused by the current zoning allowing a mix of residential and industrial uses. If the Specific Plan is ultimately adopted, certain industrial uses in the Westside Neighborhood will become non -conforming uses. In anticipation of the possible amortization of potential non -conforming uses from the Westside, the Environmental Health Coalition ("EHC") approached the City Council/CDC Board, requesting that a feasibility study be conducted. The study would consider how an industrial park could be developed west of Interstate 5, allowing some of the potential non -conforming uses to relocate and conduct operations in a LEED-certified setting. Under CDC Board direction and approval, staff prepared and issued an RFP for the requested study and five (5) proposals were received. A staff sub -committee made up of Brad Raulston - CDC Executive Director, Roger Post - Planning Director, Tony Garcia - Acting Building and Safety Director, and Patricia Beard - Redevelopment Manager reviewed the proposals and selected a preferred finalist consulting team. According to the City Attorney's office, selection of certain consulting professionals must be based solely on qualifications and not upon price. Price can be negotiated following selection, according to the Attorney. Staff made the selection based on qualifications and following the selection, the sub -committee opened the sealed envelope containing the cost proposal for the project. The cost proposed was $325,000. Due to the extremely high cost, staff believes the following options are available: • Direct staff to allocate the full requested amount ($325,000) into the 2007- 08 fiscal year budget and to prepare a contract to coincide with the fiscal year; • Establish a budget amount for the study and work with the preferred team to negotiate a budget price, recognizing reductions in the cost will mean a reduced project scope; • Pursue an alternative strategy for determining the feasibility of relocating potential non -conforming uses (please see explanation below). • Abandon the feasibility study. The RFP process allows the Board to reject all proposals should it decide to do so. On March 6, 2007, the CDC authorized staff to issue Owner Participation letters to properties west of Cleveland Avenue between 18th and 1e Streets in the National City Harbor District. These parcels are adjacent to properties being considered for acquisition and development by Home Depot USA, Inc. The alternate strategy mentioned in bullet -point three above would seek to partner with Home Depot to act as developer to explore the feasibility of the industrial park as an expanded scope to their project. Home Depot has served as a developer in other communities and, when asked by staff, said they would be willingly to consider such an opportunity if desired by the City/CDC. This option would position a "study" as a pre -development step, expanding the Home Depot/Pacific Steel concept under consideration. To accomplish this, CDC would request Home Depot and Pacific Steel, Inc. to consider amending their current Exclusive Negotiating Agreement ("ENA") to include the above - mentioned properties and a conceptual description of the expanded project scope. If a Disposition and Development Agreement could be successfully negotiated during the ENA period, development of the industrial project would be included in the scope of the project. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 20, 2007 AGENDA ITEM NO. 29 / ITEM TITLE ACQUISITION OF AN INTEREST IN REAL PROPERTY OWNED BY THE CONSTELLATION GROUP CONSISTING OF APPROXIMATELY 1.2 ACRES, MID -BLOCK BETWEEN NATIONAL CITY BOULEVARD ON THE WEST AND "B" AVENUE ON THE EAST, AND BETWEEN 11TH STREET ON THE NORTH AND 12TH STREET ON THE SOUTH, AND EXCLUDING THE ENTERPRISE RENT -A -CAR PROPERTY ON THE NORTHEAST CORNER OF 12TH STREET AND NATIONAL CITY BOULEVARD PREPARED BY George H. Eiser, Ill (Ext. 4221) EXPLANATION DEPARTMENT City Attorney This is a companion item to the dosed session item on this agenda pertaining to the acquistion of an interest in real property owned by the Constellation Group consisting of approximately 1.2 acres, mid - block between National City Boulevard on the west and "B" Avenue on the east, and between 11th Street on the north and 12th Street on the south, and excluding the Enterprise Rent-A-Car property on the northeast corner of 12th Street and National City Boulevard. Chris Zapata and Brad Raulston are the negotiators for the CDC, and the other negotiating party is the Constellation Group. Environmental Review 1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9;99)