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HomeMy WebLinkAbout2007 08-21 CC CDC AGENDA PKTAgenda Of 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 — August 21, 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 CAI.I. Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three-MinuteTimeLimit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can he 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 interpretacion en espanol se proporciona durante seslones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/21/07 - Page 2 CITY COUNCIL PRESENTATIONS Overview of California Fire Fighter Joint Apprenticeship Committee (CFFJAC) Program (6 Fire Fighters) (Fire Department) August Employee of the Month — Lavonne Watts, City Manager's Office CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a .single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of June 19, 2007 and July 10, 2007. (City Clerk) 2. Resolution of the City Council of the City of National City authorizing the Chief of Police to execute a hold harmless agreement with the Pepperball Technologies, Inc. who has offered to loan the Police Department various pepperball devices and ammunition on a trial basis. (City Attorney) 3. Resolution of the City Council of the City of National City authorizing the acceptance of $41,556 from the FY07 Assistance to Fire Fighters Grant and authorizing funds in the amount of $10,388 for the National City Fire Department to join the San Diego Fire Fighters Regional Wellness Program. (Fire) 4. Resolution of the City Council of the City of National City approving a deferral of the requirements of Section 13.22.060 of the Municipal Code, and approving a Covenant Running with the Land to property owner at 1931 A Avenue. (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/21/07 - Page 3 CONSENT CALENDAR (Cont.) 5. Resolution of the City Council of the City of National City approving a Tentative Subdivision Map to divide one 28,272 square -foot property into five individual Tots (four containing single-family residences and one duplex) with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street. (Applicant: Janice Martinelli) (Case File No. 2007-15 S) (Planning) 6. Resolution of the City Council of the City of National City Authorizing the Mayor to execute an Agreement with the San Diego Unified Port District on a Reimbursable Basis not to exceed $30,000 for a Free Expo and Concert to be held at Pepper Park on Port Property. (Community Services) 7. Resolution of the City Council of the City of National City Selecting Annual Adjustment Factors and Establishing the Annual Appropriations Limit for Fiscal Year 2007-2008. (Finance) 8. Investment Quarterly Reports for 3rd Quarter Ending March 31, 2007 and 4th Quarter Ending June 30, 2007 (Finance) 9. Resolution of the City Council of the City of National City amending City Council Policy No. 203 pertaining to the National City Investment Policy (Finance) 10. National City Sales Tax Update — First Quarter 2007 (Finance) 11. WARRANT REGISTER # 3 (Finance) Ratification of Demands in the amount of $1,424,502.39 12. WARRANT REGISTER # 4 (Finance) Ratification of Demands in the amount of $130,728.51 CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/21/07 - Page 4 PUBLIC HEARING 13. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for 22 Residential Condominium Units with Exceptions for Less Than Required Setbacks and Building Separation on an Approximately One Acre Vacant Site Bordered by East 8`h Street and Harbison Avenue (Applicant: Joseph Bendah, for Nationwide Enterprise, Inc.) (Case File No. 2007-24S, CUP) (Planning) ORDINANCE FOR INTRODUCTION 14. An Ordinance of the City Council of the City of National City amending Title 1 of the Municipal Code by amending Chapter 1.08 pertaining to official City names, seals, logos, insignias, and badges. (City Attorney) NEW BUSINESS 15, Project Status Report — Safe Routes to School Program (Engineering) 16. Notice of Decision — Conditional Use Permit for a Recycling Facility at the Save -A -Lot Shopping Center at 925/931 Harbison Avenue. (Applicant: Vic Cacho Aguilar) (Case File 2007-32 CUP) (Planning) 17. Notice of Decision — Planning Commission Approval of a Conditional Use Permit Application for Beer and Wine Sales at an Existing Restaurant at 1903 Highland Avenue (Applicant: Imperial Fish & Seafood, Inc.) (Case File 2007-36 CUP) (Planning) 18. Temporary Use Permit — Pinery Christmas Trees Pumpkin Station from September 29, 2007 to October 31, 2007 (10 a.m. to 9 p.m. daily) at Plaza Bonita Mall adjacent to Sweetwater Rd. and Roy Rd. in parking lot # 7. (Building & Safety) 19. Temporary Use Permit — Girl Scouts San Diego's Girl Jam at Kimball Park on November 10, 2007 from 1 p.m. to 4 p.m. (Building & Safety) NEW BUSINESS (Cont) 20. Request by Community (Community 21. Request by Center for a CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/21/07 - Page 5 the National City Chamber of Commerce to use the MLK Center for Taste of National City on September 27, 2007. Services) the National City Collaborative to use the MLK Community Kinship Event on October 20, 2007. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 22. Resolution of the Community Development Commission of the City of National City approving the Community Development Commission's Investment Policy (Community Development Commission/Finance Department) 23. Resolution of the Community Development Commission of the City of National City approving the Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2007, and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. (Section 8 Rental Assistance Division) 24. Resolution of the Community Development Commission of the City of National City approving a Second Amendment to the Lease Agreement between Frank Motors, Inc. and the Community Development Commission (CDC) of National City for real property located at 922 West 23rd Street in National City, CA, and authorizing the Chairman to execute said Agreement. (Redevelopment Division) 25. Resolution of the Community Development Commission of the City of National City approving an Agreement with Overland Pacific & Cutler, Inc. (OPC) to provide relocation consultant services for the Cove at San Diego Bay Project, a residential and commercial mixed use project located on one City block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12`h Streets in National City, and authorizing the Chairman to execute said Agreement in the not to exceed amount of $38,000. (Redevelopment Division) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/21/07 - Page 6 CONSENT CALENDAR (Cont) 26. Investment Quarterly Reports for 3rd Quarter ending March 31, 2007, and 4th Quarter Ending June 30, 2007 (Community Development Commission/Finance) 27. Warrant Register for the period of 07/20/07 through 08/02/07 (Community Development Commission/Finance) NEW BUSINESS 28. A request from staff for direction to proceed with negotiations for an Exclusive Negotiating Agreement with Bonita Financial Corporation for an industrial park on Cleveland Avenue properties (Redevelopment Division) STAFF REPORTS Chief Roderick Juniel — Fire Department Quarterly Report (Fire Department) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — September 4, 2007 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUJNCIL/COMMUNTTY DEVELOPMENT COMMISSION MEETINGS ARE AVAILAB1, FOR SALE IN THE CITY CLERK'S OFFICE Overview of California Fire Fighter Joint Apprenticeship Committee (CFFJAC) Program (6 Fire Fighters) / y — City of National City Human Resources Department 140 East 12'" Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM August 15, 2007 1'O Chris Zapata, City Manager FROM Stacey Steven • n;, uman Resources Director SIJBJECT EMPLOYEE OF THE MONTH PROGRAM RECEIVED AUG 1 6 2007 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in August 2007 is Lavonne R. Watts, Executive Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, August 21, 2007, to be recognized for her achievement and service. Attachment cc: Lavonne R. Watts Leslie Deese, Assistant City Manager Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) Recycled Paper Performance Recognition Award Lavonne R. Watts Nomination Form The City Manager's Office is proud to nominate Executive Assistant Lavonne Watts as August's "Employee of the Month." Lavonne has been a valuable employee of the City for over 16 years. Lavonne's commitment to the City Manager's Office takes her the extra mile to serve National City and its residents. Lavonne possesses exceptional communication and organizational skills which are evident in her responsibility for preparation of the City Council Agenda, which requires a great level of detail and follow-up to ensure a thorough and accurate agenda is produced. Lavonne is willing and able to take on any challenge we give her and is a consummate professional. Lavonne is the consummate team player and is always willing to stay late to get the job done. She collaborates on a daily basis with all facets of the City Manager's Office, which includes scheduling meetings and conferences, budgeting, and special projects. Throughout the changes and challenges associated with a shrinking department and increasing responsibilities, Lavonne always has a smile on her face and consistently provides excellent customer service to our residents and fellow employees. On behalf of the City Manager's Office, I am extremely honored to nominate Lavonne as National City's "Employee of the Month." Nominated by: Chris Zapata, City Manager Leslie Deese, Assistant City Manager 7/24/07 Item # 1 Approval of the Adjourned Regular City Council/Community Development Commission Meeting of June 19, 2007 and the Adjourned Regular City Council/Community Commission Meeting of July 10, 2007. (City Clerk) City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 2 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A HOLD HARMLESS AGREEMENT WITH PEPPERBALL TECHNOLOGIES, INC. WHO HAS OFFERED TO LOAN THE POLICE DEPARTMENT VARIOUS PEPPERBALL DEVICES AND AMMUNITION ON A TRIAL BASIS PREPARED BY DEPARTMENT Jodi L. Doucette —S City Attorney (Ext. 4412) EXPLANATION Pepperball Technologies is loaning the Police Department various Pepperball devices and ammunition for the City to demo their products on a trial basis. This is at no cost to the City. PepperBall Technologies requests, however, that the City hold PepperBall Technologies harmless for any injury or other damages resulting from the City's use of the items. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION . N/A ATTACHMENTS 1. Transfer request letter 2. Resolution Resolution No. L A-200 (9/99) Transfer Request Letter 08-07-07 Dear PepperBall Technologies, Inc. Professional, We understand that the SA-4 launcher is considered by the ATF to be a Firearm. This letter is therefore sent to formally request a transfer of SA-4 product, rounds, and any related accessories for trial and evaluation purposes. National City Police Department does hereby request the following units from PepperBall Technologies, Inc. Description Pe..erBall SA-4 PepperBall Launchers Pe. erRall SA-4 Magazine Nozzles PcpperBall SA-4 Cartridges Quantit_ 10 10 168 These are requested for delivery to William Strasen at National City Police Department at the following address: 1200 National City Boulevard National City, CA. 91950 We have attached a copy of our license (insert #) for your records. Thank you, William Strasen Sergeant National City Police Department 619-336-4438 SA-4 Evaluation Agreement PepperBall Technologies, Inc. and National City Police Department This Agreement is effective August 21, 2007, by and between the National City Police Department, 1200 National City Boulevard, hereinafter referred to as "BORROWER" and PepperBall Technologies, inc., San Diego, CA 92121, hereinafter referred to as "PTI." The parties hereto agree as follows: 1. For the consideration for the usage of subject PTI Property for evaluation purposes, PTI hereby agrees to hail to the BORROWER the following list of PTI owned property, presently located at the P'l'1 San Diego, California facility. The period of usage shall not exceed beyond December 31, 2007. The BORROWER's representative, William Strasen, will have custodial responsibility for the bailed items while they are in the possession of BORROWER. Bailed items will be used in BORROWER NCPD situations. PTI OWNED PROPERTY BAILED TO BORROWER PTI Serial Number Description (Quantity Unit Cost 'rota) xxxx-xxxx PepperBall SA-4 PepperBall Launchers 10 $ X X*Y Pep.erBall SA-4 Ifolsters 10 10 $ X $ X X*Y PepperBall SA-4 Magazine Nozzles X*Y PepperBall SA-4 Cartridges 168 $ X X*Y PepperBall SA-4 Transport case Y $ X X*Y 2. Title to each item shall remain with PTI, and BORROWER shall not transfer possession, pledge or claim right of offset or lien on any bailed item. 3. PTI understands that SA-4 Cartridges arc expendable and Cartridges that have been fired can not be returned by BORROWER. BORROWER agrees to return or purchase any unused hailed Cartridges to PTi upon completion of this trial period. 4. BORROWER hereby assumes responsibility for the operational control and guardianship of said items while in BORROWER's possession. In the event of the operational Toss of any PTI equipment, BORROWER will initiate an unclassified Operational Loss message to PTI, following standard BORROWER Agency formats, whereupon the item will be de -listed and value of said item will be reimbursed by BORROWER to PTI at the value as listed in subsection 1 of this agreement. The PT( owned property is hailed to BORROWER on a no cost, no fee basis. No cost shall he assessed to PTi for the investigative development associated with./or through the authorized NCPD usage of said PTi property. 5. Upon completion of the evaluation penod, subject PT1 property will be returned to PT1, at P'I'I's San Diego facility. 'Transportation charges for subject property from PT1, San Diego facility will be borne by P'11. "Transportation charges for subject property from BORROWER to PTI, San Diego will be borne by PTI. 6. BORROWER shall exercise prudent care and maintenance of the bailed items, while in BORROWER's possession, during the term of this agreement. The current functional condition of the bailed items can not be determined, and no guarantee of functionality is made by PTI. BORROWER will determine the operational status of the bailed item and will provide a status report of the bailed item's existing condition to PTI. BORROWER will not be responsible for any existing damage or problems prior to receipt of subject property. However, repairs and maintenance required during the period of the bailment shall he the mutual responsibility of PTI and BORROWER, as follows: BORROWER will notify PTI of any maintenance required to restore operational status of the bailed items. P'I'I will either advise BORROWER on repair methods, or recall the bailed items to P11's San Diego facility for repair or replacement. 7. BORROWER agrees to hold P'I'1 harmless against any liability for any injury or other damages resulting from the use of the bailed items. 8. Any extension of this agreement beyond December 31, 2007, shall he mutually agreed to by both parties per written amendment to this agreement. 9. PTI shall be permitted to inspect on -site the hailed items and undertake periodic on -site reviews of the progress of the investigation into 13ORROWER's use of PTI property. BORROWER shall inform PTI of intended dates and time they will conduct inspections, and PTI will provide advanced written notice to BORROWER of any intention to inspect and review. 10. PT1 may require the immediate return of bailed items. If possible, thirty (30) days advanced notice will be given. If this demand occurs before 12/31/07, return shipment cost will be the responsibility of PTI, San Diego. If this demand occurs after 12/31/07, shipping cost will be the responsibility of PTi. BORROWER shall assist and provide full cooperation in returning said items in a timely manner. 11. PTI agrees to provide product operational training to BORROWER'S officers who are designated by BORROWER to participate in evaluations, trials, and usage of subject property. This operational training shall be provided by PTI to BORROWER free of charge. BORROWER will establish its own internal policies for deployment of subject property at BORROWER'S own risk. 12. BORROWER agrees to provide a report to PTI, summarizing their operational experience with the bailed items in general and of their effectiveness, to PTI, San Diego no later than upon December 31, 2007. BORROWER agrees to provide said reports in the form of evaluation reports or which detail situations and conditions under which the SA-4 launcher and/or projectiles are used for enforcement. These reports shall include, as possible, the number of cartridges used, distance from targets at time of use, weather/wind conditions at time of use, areas impacted, target accuracy, and effectiveness. BORROWER shall also make available any copies of photographs or video captured of uses of SA-4 launchers and projectiles during NCPD uses. PTI agrees to securely retain this data, and report only general conditions and statistics when making any public statements about results of this evaluation. 13. This Agreement constitutes the entire agreement between the parties respecting the bailment of the above items and no representation oral or written not specifically incorporated into this Agreement shall he binding. For: PTi For: CITY OF NATIONAL CITY, BORROWER Eric Wenaas, President and CEO POLICE CHIEF ADOLFO GONZALES, BORROWER DESIGNEE Date: Date: RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A HOLD HARMLESS AGREEMENT WITH PEPPERBALL TECHNOLOGIES, INC. WHO HAS OFFERED TO LOAN THE POLICE DEPARTMENT VARIOUS PEPPERBALL DEVICES AND AMMUNITION ON A TRIAL BASIS FOR EVALUATION PURPOSES WHEREAS, PepperBall Technologies, Inc. is loaning the National City Police Department various pepperball devices and ammunition on a trial basis for evaluation at no cost to the City; and WHEREAS, PepperBall Technologies requests the City hold Pepper Ball Technologies harmless for any injury or other damages resulting from the City's use of the items. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Agreement with PepperBall Technologies, Inc., in which the City will hold harmless PepperBall Technologies for any injury of other damages due to the loan of various pepperball devices and ammunition on a trial basis for evaluation at no cost to the City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .UIEETING DATE August 21, 2007 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $41,556 FROM THE FY07 ASSISTANCE TO FIREFIGHTERS GRANT AND AUTHORIZING FUNDS IN THE AMOUNT OF $10,388 FOR THE NATIONAL CITY FIRE DEPARTMENT TO JOIN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM. PREPARED BY Walter Amedee 4.9P- DEPARTME Fire Homeland Security Manager EXPLANATION The federal Department of Homeland Se has a nounced the City of National City would be awarded $41,556 or 80% in new funding for the National City Fire Department (NCFD) to join the San Diego Firefighters Regional Wellness Program (SDFFRWP) valued at $51,944. The City is required to allocate $10,388 or a 20% match to receive the funding. This is the second year the NCFD will participate in the program. By joining the SDFFRWP, the NCFD Firefighters will provide detailed annual medical/fitness evaluations and related follow-up (i.e., customized fitness and injury prevention programs) for our firefighters. The SDFFRWP will allow our firefighters to become more physically able to safely carry out their work responsibilities, which in turn, will help reduce work -related injuries and costs, and make our community a safer place to live. We anticipate that the efficacy of the program, in terms of cost - savings and health benefits, will be documented in subsequent years. Staff recommends the utilization of $10,388 of City funds for the NCFD to join the SDFFRWP. The FY07 Assistance to Firefighters Grant Program was a competitive grant that required agencies to complete an on-line application and narrative justifying the use of funds. Environmental Review \1 N/A Financial Statement Approved By: finance Director Minor impact; FY07 Assistance to Firefighters Grant Program is a grant that requires the City to allocate $10,388 or 20% match to receive $41,556 or 80% in grant funds. The majority of the $10,388 will come from the existing NCFD Services Account. Account No. 001-412-125-299-0000 STAFF RECOMMENDATION Staff recommends the acceptance of $41,556 from the FY07 Assistance to Firefighters Grant Program and the utilization of $10,388 of City funds for the National City Fire Department to join the San Diego Firefighters Regional Wellness Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Grant Agreement Articles. 2. Resolution. Resolution No. A-200 (9/99) Panel Review Page 1 of 8 Capabilities Division FEMA, National Preparedness Directorate U.S. Department of Homeland Security Washington, D.C. 20531 FEMA Mr. Walter Amedee City of National City 140 East 12th Street, Suite A National City, Califomia 91950-3312 Re: Grant No.EMW-2007-FO-01436 Dear Mr. Amedee: On behalf of the Department of Homeland Security, I am pleased to inform you that your grant application submitted under the FY 2007 Assistance to Firefighters Grant has been approved. We, the Capabilities Division of the National Preparedness Directorate, in consultation with the U.S. Fire Administration, carry out the Federal responsibilities of administering your grant. The approved project costs total to $51,944.00. The Federal share is 80 percent or $41,556.00 of the approved amount and your share of the costs is 20 percent or $10,388.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from DHS. The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and the banking institution to the address below: Department of Homeland Security FEMA, National Preparedness Directorate Grants Management Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments online. Remember, you should basically request funds when you have an immediate cash need (i.e. you have a bill in -hand that is due within 30 days). If you have any questions or concems regarding the awards process, donations, or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Sincerely, Corey Gruber https://portal. fema.gov/firegrant/j sp/fire_admin/awards/spec/vi ew_award_package.do?agreeme... 8/8/2007 Panel Review Page 2 of 8 Acting Deputy Administrator Federal Emergency Management Agency National Preparedness Directorate https://portal.fema.gov/firegrant/jsp/fire_admin/awards/spec/view_award package.do?agrccme... 8/8/2007 Panel Review Page 3 of 8 Agreement Articles U.S. Department of Homeland Security Washington, D.C. 20531 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program GRANTEE: City of National City PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2007-FO-01436 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Requests for Advances or Reimbursements Article VI Budget Changes Article VII Financial Reporting Article VIII Performance Reports Article IX DHS Officials Article X Other Terms and Conditions Article XI General Provisions Article XII Audit Requirements Article XIII Additional Requirements Article 1 - Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, DHS has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the program's purpose and worthy of award. The grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval. However, in keeping with this year's program guidance, grantees that have grant funds left over after completing the approved scope of work prior to the end of the period of performance have three options for the use of the excess funds: 1) they may return the unused funds to the Federal govemment, 2) they may use a maximum of $5,000 to expand the activities for which they were awarded, or 3) create or expand an existing fire prevention program. https: //portal. f em a. gov/firegrant/j sp/fire_adm i n/awards/spec/vi ew_award_package. do?agrceme... 8/8/2007 Panel Review Page 4 of 8 Grantees are encouraged to review the program guidance for more information in this area. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the Fiscal Year 2007 Assistance to Firefighters Grant Program in accordance with the guidelines provided in the Fiscal Year 2007 Assistance to Firefighters Grants program guidance. The grantee agrees that Federal funds under this award will be used to supplement, but not supplant, State or local funds for first responder preparedness. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance The period of performance shall be from 27-JUL-07 to 26-JUL-08. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $51,944.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $51,944.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for immediate cash needs. In order to request funds, the grantee must logon to the Fire Grant System using their user id/password (used to submit the application), the grantee fills out the on-line Request for Advance or Reimbursement. If an authorized user needs access to the application but does not have the user id or password, they may be obtained by calling the help desk at 1-866-274-0960. Article VI - Budget Changes With prior DHS approval, grantees may make changes in funding levels between the object classes (as detailed in Article IV above), in order to accomplish the grant's scope of work. The grant's scope of work is outlined in the project narrative and in the request details of the grant application. The provisions of this article are not applicable to changes in the budgeted line -items listed in the request details section of the application as the line -items in the request details section (i.e., scope of work) cannot be changed. https://portal.fema.gov/tiregrant/jsp/firc_admin/awards/spec/vicw_award package.do?agreeme... 8/8/2007 Panel Review Page 5 of 8 Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report is due within 90 days after the end of the performance period. Article Vill - Performance Reports The grantee must submit a semi-annual and a final performance report to DHS. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. If a grantee's performance period is extended beyond the initial 12-month period, a semi-annual report is due every six month increment until closeout. Article IX - DI -IS Officials Program Officer: Tom Harrington, Deputy Director of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Christine Torres is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: Kristos Kowgios is the point of contact for this grant award and shall be contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 703-605-0704. Article X - Other Terms and Conditions A. Pre -award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS Program Office. B. Quotes obtained prior to submittal of the application - for the purposes of applying for this grant - are not considered to be sufficient to satisfy the requirements for competition as outlined in OMB Circular A-110 below. All bidding activities implemented for competition must be sought and obtained after award, i.e., during the period of performance. Grantees may be jeopardizing their awards if the requirements set forth are not adhered 1o. Article XI - General Provisions The following are hereby incorporated into this agreement by reference: The program's annual Program Guidance. 44 CFR, Emergency Management and Assistance Part 7 Nondiscrimination in Federally -Assisted Programs Part 13 Uniform administrative requirements for grants and cooperative agreements to state and local governments Govemment-wide Debarment and Suspension (Non -procurement) Part 17 and Government -wide Requirements for Drug -free Workplace (Grants) Part 18 New Restrictions on Lobbying 31 CFR 205.6 Funding Techniques https://portal.fema.gov/firegrant/jsp/fire_ admin/awards/spec!view _award_package.do?agreeme... 8/8/2007 Panel Review Page 6 of 8 OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes OMB Circular A-122 Cost Principles for Non -Profit Organizations OMB Circular A- 102 OMB Circular A- 110 Uniform Administrative Requirements for Grants and Agreements With State and Local Governments Assistance to Firefighters Grant Application and Assurances contained therein. Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. Article XII- Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Govemments, and Non -Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You must also agree to make your grant files, books, and records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Article XIII- Additional Requirements (if applicable) Vehicle Awardees: Vehicle awardees for FY 2007 will be required to include an advance payment bond as part of the contract with their vehicle manufacturer. An advance payment bond is like an insurance policy that protects you in the event that the manufacturer with whom you contracted to build your vehicle cannot fulfill the contract, i.e., cannot finish building your vehicle for any reason. An advance payment bond is a financial tool used to guarantee that , in the event of manufacturer/contractor default, funds will be available to finish the construction of your vehicle and ensure its proper operation. From the vehicle grantee's point of view, the insolvency of a contractor during the construction of a vehicle will most likely result in delayed completion of the vehicle, additional expenses for a different manufacturer/contractor to finish the work, or even loss of grant funds. For this reason, we now require manufacturers/contractors to provide a bond from an independent bank, insurance company or bonding agency so that the vehicle grantees can recover damages they may sustain if the manufacturer/contractors default during the construction of a vehicle. The amount of the bond should be equal to, or greater than, the sum of any payments, compensation and/or consideration provided prior to the delivery of the vehicle. If no down payment is required in the purchase contract, an advance payment bond is not required. Regardless of whether a performance bond is obtained, each vehicle purchase contract must include a performance clause. The performance clause stipulates a certain date when the vehicle will be delivered by the vendor. If the vendor does not deliver the vehicle by the date stipulated in the performance clause, penalties are administered to the vendor. These penalties should be of a severity sufficient to provide the vendor with incentive to deliver the vehicle at the earliest possible date but no less than $100 per day. Regional Hosts: Grantees that are the hosts of regional projects as provided for in the annual program guidance will not be responsible for equipment purchased with grant funds if that equipment is disbursed to other first -responder organizations under a memorandum of understanding which places the responsibility for the equipment in the hands of the recipient. Modification to Facilities Requirements: https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award_package.do?agreeme... 8/8/2007 Panel Review Page 7 of 8 DHS is required to ascertain how proposed modifications to any facilities that will have sprinkler installation may be impacted by requirements related to the National Historic Preservation Act and the National Flood Insurance Program regulations. Modification projects must be evaluated for compliance with applicable statutory and regulatory environmental/historic preservation requirements and must be approved by DHS prior to project implementation. No funds may be requested for construction until all these requirements are fulfilled. If the installation site is a building that is 50 years old or older they shall not proceed with proposed modification projects, other than planning, until being notified by DHS that all reviews have been completed. Noncompliance may jeopardize receipt of federal funding. https://portal. fema.gov/firegrant/jsp/fire_admin/awards/spec/view_award_package.do?agreeme... 8/8/2007 Panel Review "age <i o`R la. AGREEMENT NO. EMW-2007-FO-01436 6. RECIPIENT NAME AND ADDRESS City of National City 140 East 12th Street, Suite A National City California, 91950-3312 9. NAME OF RECIPIENT PROJECT OFFICER Walter Amedee 11. EFFECTIVE DATE OF THIS ACTION 27-JUL-07 15. DESCRIPTION a. (Indicate funding PROGRAM NAME ACRONYM FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 95-6000749 0 7. ISSUING OFFICE AND ADDRESS Grants Management, Operations Directorate 245 Murray Line - Building 410,SW Washington DC, 20528-7000 POC: Kristos Kowgios 703-605-0704 PHONE NO. 6193364550 12. METHOD OF PAYMENT SF-270 4. TYPE OF ACTION W437680N AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA,Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF PROJECT COORDINATOR Tom Harrington 13. ASSISTANCE ARRANGEMENT Cost Sharing OF ACTION data for awards or financial changes) CFDA NO. ACCOUNTING DATA (AACS CODE) XXXX-XXX-XXXXXX-XXXXX- XXXX-XXXX-X AFG 97.044 2007-M7-0001GF-25000000- 4101-D PRIOR TOTAL AWARD 5. CONTROL NO. PHCNE NO. 1-866-274-0960 14. PERFORMANCE PERIOD From:27-JUL- To:26-JJL-08 07 Budget Period From:20-OCT- To:30-SEP-07 06 AMOUNT CURRENT AWARDED THIS TOTAL AWARD ACTION + OR (-) CIJMMULATIVE NON- FEDERAL C DMMITMENT $0.00 $41,556.00 $41,556.00 $10.388.00 TOTALS $0.00 $41,556.00 S41,556.00 $10,388.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT 70 FEMA (See Block 7 ror address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and kaep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference In program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Tile) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Adyce Powell DATE N/A DATE 24-JUL-07 https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award jackage.do?agreeme... 8/8/2007 RESOLUTION NO. 2007 — 197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $41,556 FROM THE FY07 ASSISTANCE TO FIREFIGHTERS GRANT, AND AUTHORIZING FUNDS IN THE AMOUNT OF $10,388 FOR THE NATIONAL CITY FIRE DEPARTMENT TO JOIN THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS PROGRAM WHEREAS, the City of National City's Fire Department seeks to enhance its existing wellness -fitness program; and WHEREAS, the City of National City's Fire Department ("NCFD") applied and received approval for grant funds from the Federal Department of Homeland Security; and WHEREAS, the Federal Department of Homeland Security is awarding $41,556 or 80% in grant funding to the City of National City to be used to join the San Diego Firefighters Regional Wellness Program ("SDFFRWP"); and WHEREAS, the City of National City is required to allocate $10,388 or a 20% match to receive the grant funding; and WHEREAS, by joining the SDFFRWP, NCFD will provide detailed annual medical/fitness evaluations and related follow-up for the firefighters. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of $41,556 from the FY07 Assistance to Firefighters Grant, and authorizes funds in the amount of $10,388 for the National City Fire Department to join the San Diego Firefighters Regional Wellness Program for wellness program services. PASSED and ADOPTED this 21 st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE August 21, 2007 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of the City of National City approving a deferral of the requirements of Section 13.22.060 of the Municipal Code, and approving a Covenant Running with the I.and to property owner at 1931 A Avenue PREPARED BY EXPLANATION Mauro Nebreja DEPARTMENT Engineering EXT. 4395 Miguel and Norma Ruvalcaba, owners of the property at 1931 A Avenue, National City applied for a building permit. The property is served by a dirt alley in the back of the property and requires the construction of 650 sq. ft. of Portland Cement Concrete per City Ordinance No. 1491. The owners have requested a deferral of said ordinance because of the following: 1) The City has not done a preliminary survey or design of the alley. 2) Construction of a portion of the alley might not meet the future requirements when the final design comes in, such as flow line elevations and centerline. It is recotnmended that this request for the deferral of Ordinance No. 149I be approved. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Deferral fee will be deposited to Account No. 001-3585-21000, Miscellaneous Revenue. Account No. STAFF RECOMMENDATION • � t Resolution. • ARD / COMMISSION RECOMMEDATION N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Signed and Notarized Covenant Running with the Land. 3. Exhibit "A" Showing the dirt alley that needs the construction Of 650 sat ft. of Portland Cement Concrete 4. Exhibit "B" map showing the location of the property 5. Receipt of $441.00 deferral fee. 1931 A-200 (Rev. 7)03) PLEASE COMPLETE TIIIS INFORMATION: RECORDING REQUESTED DV: City Of National City ANI) WJ IEN RECORDED MA►(. TO: City Of National City Engineering Department 17,13 National City Blvd. National City, CA 91950 THIS SPACE FOR RECORDER'S USE ONLY COVENANT RUNNTN(; WITH THE LAND (Please till in document titte(s) on the this line) TIIIS PAGE', ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) COVENANT RUNNING WITH THE LAND This COVENANT is made by Miguel & Norma Ituvalcaba hereinafter rctetred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City, County of San Diego, State of California; described as follows: I,OT 7 & R IN 13LO('K 2 OF LEIGI ITON St.IIRDIVISION, IN THE CI IY OF NATIONAL, CI'FY, COUNTY OF SAN DIEGO_ STATE OF (`A( IFIRNLA ACCORDING TO MAP 1481 RECORDED AT SAN DIEGO COUNTY, OCTOBER. 10, 1912 WI [FRI.:AS, said owner desires to be excused from the legal requirements to install the following improvements: CONSTRUCTION OF 650 SQ. FT. PORTLANT) CEMENT CONCRETE 01 A PORTION OF TILE EXISTING DIRT A( L(:Y ADJACENT TO Till': PROPERTY. Y. NOW, THEREFORE, in consideration for the granting of a deferral to install said Improvements by the City Council of the City of National City, said owner covenants for THEMSELVES and 11IE1R heirs, successors, assigns, executors and administrators as follows: 1. The owner will not protest the installation of any of the required improvements under 1913- 191 5 Improvement Act Progtam. whether initiated by the property owners or the City. The owner will install said improvements in conjunction with an overall improvement program oldie area, whether initiated by the property owners or the City. The owner will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Date: _July 2, 2007 Engineering 1)epartment No. 6973_ (V\yi \� l` u tITQ\� Miguel A. Ruvalcaba eftRYf y %u1 l f .tZ -03,13. Norma Ruvalcaha By: Mauro Ne 7' ALL 1'URPOSE ACKNOWLEDGEMENT STATE OF CAt1FORt4PA COUNT_Y,Ofr COUN I Y OF _ ;�j�x/Z. )/E-? On c� } } �/ r_u) Om:7 before me, ,' dki./&t aJ )nlr'C'/`> , %firy personally appeared /-//j9(/P./ � �1 �•9 ietfi Z ca....L/a U Liz/ /P( .,ZPiJ _personalty -km -mu -to aie-(or proved to me on the basis of satisfactory evidence) to be the person whose name(s)-islare subscribed to the within instrument and acknowledged to me that i& he/they executed the same authorized capacity(ies), and that by 1tisRiaritheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. (This area for ',facial notarial seal c_ A: AVENUE EXHIE3IT A uuwivx ,y < 500 If 1'A' A.VCNUF. ,te“- ti ^,nw<.k .0 t �C.Gyvs77t Pc ryf>.v GF GSn .•:q+. F: r or rtli• 72AA'0 lE.,W A!7'ei.WGX Ei C' 1.3381SVWS& Lr1z IC 1Z SZIZ 61 V. tlt LOlt 6CU SCOL trnz Cr-6ZOZ ILOZ 1 I06 IY bI CC61 CZ6l Sz61 51tit It6 IZ1?l MIL Z41Z R1 z IT1 Olt 0ZIZ ZIIZ • _tT1 .0 S Pull /517 UYOL LCOZ tCOZ ULOZ rZOL O tOZ SIOL �107. O0Z 1 11 1 LUCY( 0961N, Cb61. � tf 6t tC61 eZlit l6l 0161 ZO6l M8t 8Z91 YZ91 rn 00Z SZ6t CZ6l IZ6l CO61 L*91 SC81 /COI e 0 0' 7.ZLT 9Z61 LL6l 13T.1 1 I S �19 i HX� CCtZ. LOW C061 S061 lO6t ()CO O7OL OfGI 0061 0091 o co n 'TRANSMITTAL FROM ENGINEERING DPARTMENT' DATE 67 Zg 0 AMOUNT $ P• DO -Enghteering Staff Name: Name of business ur person paying: ID% ,t.1 Ici g t/f. I cctbQ .3I__A. s-i- c>✓ — isawr i! -. _ .efrrcI 1� y._ deaf -ru. cf-L Account Name for T/A ACCOUNT # (. 001-3585-21000 00I -3147-21000 001-4547-21000 Project Name. Project Address Propose: _ ._ AMOUNT $ T/A ACCOUNT NI IMBER 125 3610-22222 I.E:RIPTIOA-._—CODE _MISCELLNI: .AOUS_ R1 VF.N_( MISCELLANEOUS PERM S & APPEALS N/A STORM WA7l:R MGMT(NPDI?S) N_'A . SEWER FEE —. NIA _ Aleb_cr 126-1141 1 TRUST AND AGENCY J G1 PERFORMANCE CASH DEPOSIT PCI) 000 3999 PLAN CUECK. AND/OR INSPECTION -- — PC/INSP 40 0-4999 STREET IMPROVEMENC DEPOSIT SID 64-6999 STATEMENT OF(INI.)1:RSTANIMN(i SOU __ 4000-7999 FOR FINANCE STAFF STAFF UNIX RECEIPT NI1MLtTR CIIY OF NAIIUNAL CITY I'name Department 619 :13G 4330 Nat iuna1 City 37 / 8672 06/28/200/ 13:52:12.000 Rug CASH2 Validation Receipt CHARGES- 001-21000 3585 GF213b 19.11 a st/deferral$ 441.110 Sub -total $** * **;44I.00 PAYMINI Check 1050-andosa archi$ 441.00 Change $ixttssxtt#D.DII MARK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays C C ., Si RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A DEFERRAL OF THE REQUIREMENTS OF SECTION 13.22.060 OF THE MUNICIPAL CODE, AND APPROVING A COVENANT RUNNING WITH THE LAND TO THE OWNER OF THE PROPERTY LOCATED AT 1931 "A" AVENUE WHEREAS, Miguel and Norma Ruvalcaba, owners of the property located at 1931 "A" Avenue, have applied to the City for a building permit for construction on their property which will require the construction of 650 square feet of Portland cement concrete of alley section adjacent to his property pursuant to National City Municipal Code ("NCMC") Section 13.22.060; and WHEREAS, the property owner has requested and qualifies for a deferral from said requirements as provided for in NCMC Section 13.22.090; and WHEREAS, the property owner has paid a deferral fee and executed a Covenant Running with the Land as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the deferral of the requirements of Section 13.22.060 of the Municipal Code requirements, and approves a Covenant Running with the Land to the owners of the property located at 1931 "A" Avenue. PASSED and ADOPTED this 21st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 5 ITEM TITLE Resolution Approving a Tentative Subdivision Map to Divide One 28,272 Square -Foot Property into Five Individual Lots (Four Containing Single -Family Residences and One Duplex) with Exceptions for Reduced Lot Width/Street Frontage and Lot Size at 940 East 16th Street. Applicant: Janice Martinelli. Case File No. 2007-15 S. PREPARED BY Martini ee der 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the August 7, 2007 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X NIA Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1 Adopt the attached resolution. "�' BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution L A-200 (9/99) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE 28,272 SQUARE -FOOT PROPERTY INTO FIVE INDIVIDUAL LOTS (FOUR CONTAINING SINGLE-FAMILY RESIDENCES AND ONE DUPLEX) WITH EXCEPTIONS FOR REDUCED LOT WIDTH/STREET FRONTAGE AND LOT SIZE AT 940 EAST 16TH STREET. APPLICANT: JANICE MARTINELLI CASE FILE NO. 2007-15 S WHEREAS, application was made for approval of a Tentative Subdivision Map to divide one 28,272 square foot property into five individual Tots (four containing single-family residences and one duplex with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street on property generally described as: The westerly half of the northerly half of 20 acre Lot 1 in Quarter Section 133 , Rancho de la Nacion, in the city of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission considered said application at a public hearings held on June 18, and July 16, 2007, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on August 7, 2007, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2007-15 S, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves the Tentative Subdivision Map to divide one 28,272 square -foot property into five individual lots (four containing single-family residences and one duplex) with exceptions for reduced lot width/street frontage and lot size at 940 East 16°i Street, based on the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since both single-family homes and duplexes are allowed in the Residential Multi -Family (RM-1-PD) zone, there are no applicable specific plans, and since three additional homeownership opportunities will be created. 2. The site is physically suitable for the proposed type of development, as no proposed property boundaries conflict with the existing development and improvements. Resolution No. 2007 — August 21, 2007 Page 2 3. The site is physically suitable for the proposed density of development, since there is no expansion of use and the existing development and density will remain. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through' or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control. Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE EXCEPTIONS FOR LESS THAN REQUIRED STREET FRONTAGE AND MINIMUM LOT SIZE 1. The property to be divided is affected by existing development pattems, that makes it impracticable in this particular case to conform fully to the subdivision requirements, since the location of the existing buildings limits the placement of lot lines such that, in order to create five individual lots, three of the lots are not able to conform to the 50-foot minimum lot width/ frontage requirement, and four of the lots are not able to meet the 5,000 square - foot minimum lot size. 2. The exceptions will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity, since each lot fronts on a public street; the existing residences provide adequate building separation, open space, and the existing character of the neighborhood will be retained. Resolution No. 2007 — August 21, 2007 Page 3 3. Granting of the exceptions are in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City, since the proposed subdivision will create additional homeownership opportunities, preserve an existing historic property, and since there are no applicable specific plans. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide one 28,272 square -foot property into five individual lots (four containing single-family residences and one duplex) with exceptions for reduced lot width/street frontage and lot size at 940 East 16th Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of one 28,272 square -foot property at 940 East 16th Street into five individual Tots (four containing single-family residences and one a duplex) with exceptions for reduced lot width/street frontage for lots 1, 2 and 3, and for reduced lot size for lots 1, 2, 3 and 5. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A Revised, case file no. 2007-15 S, dated 5/15/2007. 2. The Final Map shall indicate an access easement for the benefit of Lots 1 and 2 from J Avenue. The easement shall be recorded on the final map. 3. The applicant shall record a maintenance agreement for the maintenance of the access easement for Lots 1 and 2, approved as to form and content by the City Attorney, and recorded with the County Recorder with the Final Map. 4. Cedar fences a maximum height of 6 feet shall be constructed along proposed property lines where no fence currently exists, with the exception of the driveway area leading to parking for proposed Lots 1 and 2. Any fences in need of repair or reconstruction shall be replaced with similar fencing. 5. The existing overhead conduit stretching across the driveway between 1628 and 1630 J Avenue shall be removed prior to approval of the Final Map in accordance with applicable building permits. 6. The shed on Lot 4 shall be brought up to all applicable building and safety codes and municipal codes before any application is made for use of the building as a guest house or residence. 7. Plans must comply with the 2001 editions of the Califomia Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The exterior wall of the two -car garage located at 940 East 16th Street shall be provided with adequate fire rating for exterior walls located on a property line in accordance with the building code. The improvements shall be completed prior to the Final Map and shall be subject to applicable building permits and fees. Resolution No. 2007 — August 21, 2007 Page 4 9. The project is to be designed, developed and constructed in compliance with the Califomia Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. 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. 12. 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. 13. The deteriorated portions of the existing street improvements (Cross Gutter 8 x 18, and sidewalk 50') along the property frontages shall be removed and replaced. 14. 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. 15. Street improvements shall be in accordance with City Standards. All missing street improvements (gutter 120') shall be constructed. if a driveway is required for lot 5, a permit will be required for the construction. 16. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 17. A cost estimate for all of the proposed drainage, and street improvements 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. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. Resolution No. 2007 — August 21, 2007 Page 5 19. Separate water and sewer laterals shall be provided to each lot/parcel. 20. 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. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. All new property line survey monuments shall be set on private property, unless otherwise approved. 23. The parcel map/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. 24. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 25. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 26. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2007 - August 21, 2007 Page 6 BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21 st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City COUNCIL AGENDA STATEMENT 6 MEETING DATE: August 21, 2007 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District on a Reimbursable Basis Not to Exceed $30,000 for a Free Expo and Concert to be held at Pepper Park on Port Property PREPARED BY: Rudy Lopez' (619) 336-4560 DEPARTMENT Community Services EXPLANATION: This item authorizes National City to enter into an Agreement with the San Diego Unified Port Dis- trict for a free expo and concert at Pepper Park from 2:00 p.m. — 7:00 p.m., Saturday, September 8, 2007 on a reimbursable basis not to exceed $30,000. The Port also authorized $3,600 in Port District Services, which includes the waiver of park fees and use of the Port's portable stage For a second year, the City will be partnering with the NC Chamber of Commerce to include a busi- ness expo and food vendors. The City will also be coordinating with local organizations to provide free family -friendly activities and entertainment. Environmental Review N/A Financial Statement $30.000 to be provided by the Port of San Diego. As a requirement of $7,500 in funding and in -kind services. (001-409-000-650-9013). Ilk condition of the agreement the City agrees to a matching Funding will come from Non -Departmental Agency Contributions STAFF RECOMMENDATION Approve the resolution. BOARD/COMMISSION RECOMMENDATION N/A ITACHMENTS (Listed Below) 1. Port Agreement 2. Resolution Resolution No. RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT ON A REIMBURSABLE BASIS NOT TO EXCEED $30,000 FOR A FREE EXPO AND CONCERT TO BE HELD AT PEPPER PARK ON PORT PROPERTY WHEREAS, the City desires the use of Pepper Park, which is owned by the San Diego Unified Port District, for a free expo and concert to be held on September 8, 2007. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City of National City an Agreement which provides for Port District reimbursement to the City up to an amount not to exceed $30,000 with the Unified Port District of San Diego for a free expo and concert to be held at Pepper Park on Port property on September 8, 2007. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of August, 2007. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for MUSICAL CONCERT AT PEPPER PARK The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT (District), a public corporation and the CITY OF NATIONAL CITY, (Service Provider) a non-profit organization located in National City, California. Both parties agree to the following: 1. SCOPE OF SERVICES: Service Provider shall furnish all technical and professional labor, and materials to satisfactorily comply with Attachment A, Scope of Services. Scope of Services is determined by District from services proposed in the Service Provider's 2007-2008 Financial Assistance Application, Exhibit B. The Service Provider shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 2. TERM OF AGREEMENT: This Agreement shall commence on July 1, 2007 and shall terminate on June 30, 2008, subject to earlier termination as provided below. 3. COMPENSATION: For performance of services rendered pursuant to this Agreement and as further described in Attachment B, Compensation and Invoicing; District shall compensate Service Provider based on the following, subject to the limitation of the maximum expenditure provided herein: 3.1 Maximum Expenditure. The maximum expenditure under this Agreement shall not exceed Thirty Thousand dollars ($30,000.00). Said expenditure shall include without limitation all sums, charges, reimbursements, costs Agreement No. 0708-14 Service Provider. City of National City - Musical Concert at Pepper Park Board Date•. May 8, 2007 Requesting Department: Communications & Community Services Page 1 of 15 and expenses provided for herein. Service Provider shall not be required to perform further services after compensation has been expended. In the event that the Service Provider anticipates the need for services in excess of the maximum Agreement amount, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. In order to provide adequate notice and time for amendment of this Agreement, Service Provider shall advise the District in writing when expenses incurred reach Thirty Thousand dollars ($30,000.00). 3.2 Payment Procedure. For work performed on an hourly basis, Service Provider agrees to assign the person with the lowest hourly rate who is fully competent to provide the services required. If Service Provider finds it necessary to have work, which would usually be performed by personnel with a lower rate, performed by personnel paid at the higher hourly rate, Service Provider shall nevertheless, bill at the lower rate. 3.3 Progress Documentation. Service Provider shall provide District progress reports in a format and on a schedule as District directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. 4. RECORDS: In accordance with generally accepted accounting principles, Service Provider shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of District at all reasonable times in the City of National City and such records shall be kept for at least three (3) years after the termination of this Agreement. Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 2 of 15 Such records shall be maintained by Service Provider for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Service Provider understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone else associated with the work has prepared or which relate to the work which Service Provider is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. Service Provider shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities, which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Service Provider's failure to provide the records within the time requested shall preclude Service Provider from receiving any compensation due under this Agreement until such documents are provided. 5. SERVICE PROVIDER'S SUB -CONTRACTORS: It may be necessary for Service Provider to sub -contract for the performance of certain technical services or other services for Service Provider to perform and complete the required services; provided, however, all Service Provider's sub -contractors shall be subject to prior written approval by District. The Service Provider shall remain responsible to District for any and all services and obligations required under this Agreement, whether performed by Service Provider or Service Provider's sub- contractors. Service Provider shall compensate each Service Provider's sub- contractors in the time periods required by law. Any Service Provider's sub - Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 3 of 15 contractors employed by Service Provider shall be independent Service Providers and not agents of District. Service Provider shall insure that Service Provider's sub -contractors satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. Service Provider shall also include a clause in its Agreements with Service Provider's sub -contractors which reserves the right, during the performance of this Agreement and for a period of three (3) years following termination of this Agreement, for a District representative to audit any cost, compensation or settlement resulting from any items set forth in this Agreement. This clause shall also require Service Provider's sub -contractors to retain all necessary records for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. 6. COMPLIANCE: In performance of this Agreement, Service Provider and Service Provider's sub -contractors shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. Service Provider shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. Service Provider shall comply with all federal and state laws and district statues, ordinances and regulations applicable to the performance of the services under this Agreement as now exist or may be added or amended. 7. INDEPENDENT ANALYSIS: Service Provider shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction Agreement No. 0708-14 Service Provider City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 4 of 15 of District, other than normal contract monitoring provided, however, Service Provider shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a personal services Agreement between the parties and Service Provider shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of Executive Director (President/CEO) of District in each instance. 9. INDEMNIFICATION: 9.1 Indemnification for Non -Professional Services: To the fullest extent provided by law with respect to all liability except liability for Professional Services, covered under Section 9.2, the Service Provider agrees to defend, indemnify, protect and hold harmless District, its agents, officers and employees, from and against any claim, demand, action, proceeding, suit or liability for damages, costs (including reasonable attorneys' fees) or expenses for damages to property or the loss of use thereof or injuries or death to any person (including Service Provider's employees), caused by, arising out of or related to the performance of, Service Provider as provided in the Scope of Services, or failure to act by Service Provider, its officers, agents, and employees. The Service Provider's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend District, requires the Service Provider to pay reasonable attorneys' fees and costs District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this Agreement. Agreement No. 0708-14 Service Provider City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 5 of 15 District may, at its own election, conduct its defense, or participate in the defense of any claim demand related in any way to the Agreement. If District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to Service Provider's Scope of Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of District's costs associated with its defense. 9.2 Indemnification for Professional Services: To the fullest extent provided by law, the Service Provider agrees to defend, indemnify, protect and hold harmless District, its agents, officers and employees from and against any and all claims, demands, liability for any damages, costs (including reasonable attorneys' fees and costs), or expenses, arising from the actions or omissions of the Service Provider as provided in the Scope of Services. The Service Provider's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend District, requires the Service Provider to pay reasonable attorneys' fees and costs District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this Agreement. District may, at its own election, conduct its defense, or participate in the defense of any claim or demand related in any way to the Agreement. If District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any Agreement No. 0708-14 Service Provider City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 6 of 15 claim, demand or liability related to the Scope of Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of District's costs associated with its defense. 10. INSURANCE REQUIREMENTS: Service Provider and each Sub Contractor Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: 10.1 Commercial General Liability: (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/ Completed Operations) coverage's, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000)) per occurrence for bodily injury, personal injury and property damage. 1 The deductible or self -insured retention on this Commercial General Liability policy shall not exceed $5,000 unless District has approved of a higher deductible or self -insured retention in writing 2. The Commercial General Liability policy shall be endorsed to include the District; it' s agents, officers, and employees as additional insured in the form as required by the District, an exemplar endorsement attached. 3. The coverage provided to the District, as an additional insured, shall be primary. Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 7 of 15 10.2 Commercial Automobile Liability: (Owned, Scheduled, Non - Owned, or Hired Automobiles written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. 10.3 Worker's Compensation: Worker's Compensation in statutory required limits and Employer's Liability in an amount of not Tess than one million dollars ($1,000,000) per accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in the form acceptable to the District, an exemplar Certificate of Insurance is attached as Exhibit A and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverage's of insurance. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider's sub -contractors or any tier of Service Provider's sub -contractors. Agreement No. 0708-14 Service Provider City of National City - Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 8 of 15 District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 10.4 Self -Insured Status: Service Provider may satisfy the requirements of this section 10 by maintaining its lawful self -insured status during the terms of this agreement. 11. ACCURACY OF SERVICES: Service Provider shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. Service Provider shall correct such deficiencies with additional compensation. Furthermore, Service Provider expressly agrees to reimburse District for any costs incurred as a result of such deficiencies. Service Provider shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the Service Provider or its agents, employees, or subcontractors. 12. INDEPENDENT CONTRACTOR: Service Provider and any agent or employee of Service Provider shall act in an independent capacity and not as officers or employees of District. The District assumes no liability for the Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Service Provider shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. Service Provider acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. Service Provider disclaims the right to any fee or benefits except as expressly provided for in this Agreement. Agreement No. 0708-14 Service Provider City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 9 of 15 13. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The laws of the State of California shall govern the formation, interpretation and performance of this agreement. 14. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 15. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 16. OWNERSHIP OF RECORDS: Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider pursuant to this Agreement, shall be the property of District from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 10 of 15 the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101) whenever requested to do so by District. However, Service Provider shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person or entity, except as authorized by District or as required by law. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 17. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District, or the Service Provider, may terminate this Agreement at any time with or without cause by giving thirty (30) days written notice to Service Provider of such termination and specifying the effective date thereof. In that event, Service Provider shall at the option of District deliver all finished or unfinished documents and other materials to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO), or designee as provided in this paragraph shall release District from any further fee or claim hereunder by Service Provider other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 18. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Agreement No, 0708-14 Service Provider. City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department Communications & Community Services Page 11 of 15 Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, sub -contractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk or City Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 19. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Service Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 12 of 15 Provider, made an exhaustive inspection to check the quality or quantity of the services performed by the Service Provider, made an examination to ascertain how or for what purpose the Service Provider has used money previously paid on account by the District, or constitute a waiver of claims against the Service Provider by the District. The District may in its sole discretion withhold payments or seek reimbursement from the Service Provider for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the Service Provider. Upon five (5) day written notice to the Service Provider, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the Service Provider to pay the same; and the amount due the Service Provider under this Agreement or the whole or so much of the money due or to become due to the Service Provider under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Service Provider at no expense to the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from Toss because of conduct by or on behalf of the Service Provider. 20. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 13 of 15 21. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by Authorized Representative of the Service Provider. 21.1 Submit all correspondence., including invoices, regarding this Agreement, including Insurance Certificates and Endorsements to: Irene McCormack, Director Communications & Community Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Tel: 619-686-6462 Fax: 619-686-6373 Email: imccormaportofsandiego.orq 21.2 The Service Provider's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Susanna H. Peredo, Recreation Supervisor City of National City 140 East 12th St. Ste. B National City, CA 91950 Tel: 619-336-4243 Fax: 619-336.4292 Email: speredo@ci.national-city.ca.us Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 14 of 15 21.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. CITY OF NATIONAL CITY Ron Morrison Date Mayor of National City Approved as to Form by: George H. Eiser III Date City Attorney SAN DIEGO UNIFIED PORT DISTRICT PORT ATTORNEY Date Irene McCormack, Director Date Communications & Community Services Agreement No. 0708-14 Service Provider: City of National City — Musical Concert at Pepper Park Board Date• May 8, 2007 Requesting Department: Communications & Community Services Page 15 of 15 ATTACHMENT A SCOPE OF SERVICES San Diego Unified Port District Service Provider - through its program or event — will promote District and/or commerce, navigation, recreation, fisheries and tenant businesses on the District tidelands. This will be accomplished in the following manner: o Conduct the Musical Concert at Pepper Park on September 8, 2007 at Pepper Park in National City. o Provide promotions and media exposure for the event identifying the San Diego Unified Port District as a co-sponsor for the event. Publicity shall include: • Preparation and distribution of press release and public service announcements and feature articles. • Contact with local media providers to encourage promotion by public service and feature articles. • Design, printing and distribution of event flyers at locations throughout the area including prominent placement at all City facilities and distribution to key commercial and civic locations. • Design, printing and distribution of event programs to be distributed at the concert. • Announcement in City and Community Services Department brochures. • Event advertising on the electronic message signs adjacent to the freeways within National City and Sweetwater High School Electronic message system. • Encouragement of announcements regarding the concert at various civic meetings such as Chamber of Commerce, Lions Club, Kiwanis, etc. • Use of City website and email system to distribute concert information. • Use of Neighborhood Council Program to promote and distribute concert information to residents/businesses. Agreement No. 0708-14 Attachment A Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 1 of 1 ATTACHMENT B COMPENSATION & INVOICING San Diego Unified Port District I. COMPENSATION: For the satisfactory performance and completion of the services under this Agreement, District shall pay Service Provider compensation as set forth hereunder. A. Service Provider shall be compensated and reimbursed by District on the basis of invoices submitted each month for services performed during the preceding month. Each invoice shall include: Date work performed; Description of the work performed; Hours worked by personnel classification; Rate per personnel classification; Total personnel cost by classification; Other Direct Costs. II. INVOICING: A. Payment Documentation. As a prerequisite to payment for services, Service Provider shall invoice District for services performed and for reimbursable expenses authorized by this Agreement, accompanied by such records and receipts as required. Service Provider shall include the following information on each invoice submitted for payment by District, in addition to the information required in Section I, above: 1) Agreement No 0708-14 2) The following certification phrase, with printed name, title and signature of Service Provider's project manager or designated representative: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. ; and that payment has not been received." 3) Dates of service provided 4) Date of invoice 5) A unique invoice number Agreement No. 0708-14 Attachment 8 Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications 8 Community Services Page 1 of 2 District shall, at its discretion, return to Service Provider, without payment, any invoice, which has been submitted without the above information and certification phrase. B. Invoices shall be mailed to the attention of: Irene McCormack, Communications & Community Services, P.O. Box 120488, San Diego Unified Port District, San Diego, CA 92112-0488. C. Should District contest any portion of an invoice, that portion shall be held for resolution, but the uncontested balance shall be processed for payment. District may, at any time, conduct an audit of any and all records kept by Service Provider for the Services. Any overpayment discovered in such an audit may be charged against the Service Provider's future invoices and any retention funds. D. Service Provider shall submit all invoices within thirty (30) days of completion of work represented by the request and within sixty (60) days of incurring costs to be reimbursed under the Agreement. Payment will be made to Service Provider within thirty (30) days after receipt by District of a proper invoice. E. Service Provider shall indicate on last invoice submitted for payment: FINAL INVOICE. Agreement No. 0708-14 Attachment B Service Provider: City of National City - Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 2of2 EXHIBIT A CERTIFICATE OF INSURANCE San Diego Unified Port District ONLY THIS CERTIFICATE OF INSURANCE WILL BE ACCEPTED signing this form, the authorized agent or broker certifies the following: I The Policy or Policies described below have been issued by the noted Insurcr(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. 1 As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverage's or conditions of coverage noted on page 2 of this certificate. I Signed copies of a/t endorsements issued to effect require coverage's or conditions of coverage arc attached to this certificate. Return this form to: San Diego Unified Port District Attn: Linda Wikstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 le and Address of Insured (Contractor or Vendor) SDUPD Agreement Number This certificate applies to all connection with all Agreements operations of named insured's property in between the District and Insured. LTR TYPE OF INSURANCE POLICY DATES LIMP1'S Commercial General Liability U Occurrence Form ❑ Claims -made Form Retro Date Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate: _ 5 Liquor Liability Deductible/SIR: $ __ Commercial Automobile Liability ❑ All Autos U Owned Autos U Non -Owned & !tired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation - StatutoryCommencement Employer's Liability Date: Expiration Date: E.L. Each Accident $ P,.I.. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability ❑ Claims Made Retro-Activc Date Commencement Date: Expiration Date: Each Claim $ Exccss/l Imbrella Liability Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate:$ LTR COMPANIES AFFORDING COVERAGE BFSI"S RATING 1 l ) A. hl Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. :uni Address of Authorized Agent(s) or Brokcr(s) E-Moil Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: tment No. 0708-14 Exhibit A ye Provider. City of National City - Musical Concert at Pepper Park 1 Date: May 8, 2007 esting Department: Communications & Community Services Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or i any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees arc additional insured's in relation to tho: operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, i officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retentie carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the name insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unific Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the eve• of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL TIIIS ENDORSEMENT ANI) NOTICES OF CANCELLATION, LIMIT REDUCTIONS, ANI) CHANGES IN COVERAGE TO: San Diego Unified Port District Audit, Risk Management & Safety P.O. Box 120488 Agreement No. 0708-14 ExhibitA Service Provider: City of National City — Musical Concert at Pepper Park Board Date: May 8, 2007 Requesting Department: Communications & Community Services Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE August 21, 2007 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2007-2008 PREPARED BY Tess E. Limfueco DEPARTMENT Finance Ext 4333 Financial Services Officer EXPLANATION Each year cities in Califomia are required to pass an Appropriations Limit ("Gann Limit") which increases based on a price factor and a population factor. This action selects the two adjustment factors and adopts the Appropriations Limit. Environmental Review NIA Financial Statement N/A Approved 13Clo?:g/tta---"e---- y: inane Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMI)Ii NDATIO N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution L A-200 (9/80) RESOLUTION NO. 2007 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2007-2008 WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factor to be used in calculating the appropriations limit for fiscal year 2007-2008 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be used in calculating the appropriations limit for fiscal year 2007-2008 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2007- 2008 shall be $41,264,337, as set forth in Attachment 1. PASSED and ADOPTED this 21st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey Resolution No. 2007- Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2007-2008 Appropriations Limit-FY2006-2007 $ 39,041,352 CA Per Capita Income Increase (A) 4.42% Limit Sub -Total ($39,041,352 x 1.0442) $ 40,766,979 SD County Population Increase (A) 1.22% Appropriations Limit - FY2007-2008 ($40,766,979 x 1.0122) $ 41,264,337 (A) Source - State of California, Department of Finance 1 City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE August 21, 2007 AGENDA ITEM NO. 8 (---ITEM TITLE Investment Quarterly Reports for 3rd Quarter Ending March 31, 2007 and 4th Quarter Ending June 30, 2007 PREPARED BY Jeanette Ladri Finance Director EXPLANATION DEPARTMENT Finance x 4330 For the City Council's information and in compliance with the City's Investment Policy, the Cash and Investment Quarterly Reports for the 3rd Quarter Ending March 31, 2007 and 4th Quarter Ending June 30, 2007 is hereby submitted. These reports reflect the components of the Investment Program for the periods then ended. The Investment Portfolio provides for sufficient liquidity to meet the quarters estimated expenditures. Environmental Review N/A Financial Statement Not applicable Account No. STAFF RECOMMENDATION Staff recommends the report be accepted and filed. BOARD / COMMISSION RECOMMMEATION Concur: City Treasurer ATTACHMENTS ( Listed Below) Resolution No. 1. Portfolio Summary/Detail and Interest Earnings Summary-3rd Quarter Ending 03/31/07 2. Portfolio Summary/Detail and Interest Earnings Summary-4th Quarter Ending 06/30/07 A-200 (9/80) City National City '' of National City Portfolio Management Portfolio Summary June 30, 2007 Par Market Book '/. of Days to YTM/C YTM/C Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Cerifica'es o''Cepcsit - ."onthly 5,932 00C 20 6.031.667.36 6,932,003 00 13.54 422 174 5.348 5.422 LAIF 35,272.272 07 35.256,223.96 35,272.272 37 63.91 1 5.158 5.230 Federal Agency Securities 6.300. 000 CO 6,768,533.06 6,797.449 79 13.26 1,517 65' 4.240 4.299 CaITr.ust 2.'83.86817 2,133,868.17 2.183.36817 427 1 5.316 5.390 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Jea-ete _adriac, Finance Director 51,188,140.24 51,140,342.55 June 30 Month Ending 215,862.38 50,868,255.49 5.16% Reporting period 06/01/2007-06/30/2007 "31n 03 0?'2C07 - Je 09 Fiscal Year To Date 2,157,508.36 42,963,695.33 5.02% 51,185,590.03 100.00% 259 111 5.069 5.139 Fiscal Year Ending 2,157,568.36 Portfolio CNC CC PN (PRF_P`A1) SyrrReot 6.41 2C23 Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2007 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment it Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly 5"511009 11069. AB&T Nat ona Bar, 33'3C:2006 93,J0C CO 99.300 CO 99.CJO.0C 5.300 134 5 300 92 1C.'C'2007 5"51- 14a 11' 49 A. -:ante Barking Company D5,03'2007 99.30C CO 99.3OC CO 99.000.00 5 365 5 365 30G 05;052008 S"S1' 145 11'45 Advarta Bar, Cc'p 34,252007 99.000.60 99.30C CO 99.000.0C 5.30C 300 5 300 299. 041252008 5'51'075 11376 Amencao `come Bank 04'24;22005 99.000 CO 99.00C CO 99 "OO.00 5 34C 208 5.3»C• ' 15 1C:'24i2007 5"511073 11078 Amercan Bank 04,2612006 99.00C 30 99.000.30 99.000.02 5 40C 254 5 40C 117 1C/26/2007 S'51119' 11191 Appalachian Community Bart 06,06/2007 99,000 30 93,003 CO 93.300.C7 5 410 234 5 41C 341 06`062008 SYS1' 19,4 11194 Becch.r.ark Sank 06'06;2007 99,00.00 99.000 00 99.000.00 5.450 '6e 5450 341 C6/06,2008 SYS1' 105 11105 Tte Brard Banking Company 08'16;2006 99,000 00 99.000.00 9.9.000.00 5.65E 255 5.65C 48 08,16/2037 SYS1'09'l 11091 Buse Bank o' Florda 05,21.2006 99,000.00 63,7C3.00 99,000.C) 5 415 141 5.415 143 1';21'20J7 SYS 1'077 11077 Business Bank of °ox River :'ly 04'24;2066 99,000.00 99.00130 93.000.0 5.303 '74 5.300 115 13,24/2307 SYS1' 133 11'.33 Cape Fear Bank 02'C7;2007 99,0C3.00 99,0C3.00 99,000 00 5.500 '81 5.500 22' C2/07/2008 SYS1'099 11089 Centennia. Ban,. of the %Vest 05'C';2006 99,0C3.30 99,0C3.30 93,•JOC.C•0 5.250 ',61 5.250 123 11,01!200i SYS1' 129 11129 Cen"rust Bank, NI 01!22'2007 99.000.30 S3,003 30 99.300.00 5.510 30C 5.510 2C5 C1/22'2008 SYS1'083 11.083 Chevy Chase Bark 04'20;2006 99,000 30 99,00100 59.300CO 5.260 237 5.260 113 10i22'2007 SYS1' 112 11112 Citizers Natl. Bank o' Qc.tman 1C'06/2006 99,003.00 99,0CJ.30 99,30G CO 5.400 237 5.4C0 1CD 10/092007 SYS1' 135 11'35 Cole Taylor Bank 03'29;2007 99,0C3 00 99,000.00 99.000• CO 5.350 238 5.350 274 C331!2.708 SYS1' 136 1113E The Columbian Bank &''1st Co 03'C5;2007 99,000 )0 93,•003 00 99.000 CD 5.453 249 8.450 247 C3104/2•J08 SYS1'.117 11117 Conmu'1i1y =''s1 Bark 8 Trus: 'C'223;2005 99.000 00 99.00.00 93.30C 00 5.550 219 5.553 114 10i23.2007 SYS1' 192 11'92 Th-e CoTTonwealth Co-ope'ative 06,122007 39.0C3 00 99.007 J0 59 300 GO 470 5.470 347 CBi'2.'2708 SYS111C0 11',OC CJnmGnity CoTrerce Bar.K 08'24;2006 99,003 00 99.00J J0 99.000 C) 5500 295 5.578 54 C8i24/2007 5"511108 11'08 Commerce F 'st Bank 09'19;2006 99,000 00 99.300 )0 99 30C CO 5750 223 5.750 445 09,182008 5"511079 11379 Commerc:a Ban, 04'1312006 99,00000 99.303.30 99JOCCI) 5263 'se 5.260 106 10115!2007 S'S1' 195 11'95 Comers:or.e Ban'', 06'11;2007 a9,OC•0 70 59.J0'0 )0 99.000 C) 5.452, 5.450 346 C5i112008 S"S1' 119 . 1' 19 Corus Bart '0'23;2006 99,0C3 00 99.007 J0 93.3OC CD 5.522 300 5.523 114 10,23'2007 S"S1'070 '137C C'estrar.. Bank 03'33;2006 99,0C3 J0 93.3C0 )0 99 DOC CO 5.303 201 5.3C3 92 10,01!<007 5'51-080 11J80 C.:page Ratan.: Bar, 04'13,2006 99,00/1 70 99.3C3 )0 G9 )CC C) 5.303 '07 5.300 105 10,'5.'2007 S"S1' 1C3 '1109 Farmers Bar•: 09.07;2005 39,CC7 00 93, )C) DO 99.70C CO 5550 205 5.650 71 C9/'0/2307 SYS1' 132 '1132 First Bair C' Miami 02'21;2007 99,009 00 99,0CJ.00 99.000 CD 5500 '59 5.5C) 235 32/21/2008 SvS1' 1G3 ' 1 iO3 First Federal Bark of Califon 08'16;2006 09,00.0 J0 93.JC130 99.JOC CD 5.500 210 5.6C0 43 33,16.'2307 S"S1'.0e4 ' 1334 First Natioral Balk inAll.is 04'2 '2CC3 99,0CJ )O 99.00.30 99.30C CO 5.303 199 5.3G3 113 10,22'2007 S"S1'.128 ' 1126 First Natl. Bk c' Camanscotta 01'182007 99,000 DO 93,00.30 99.30C CO 5.40' 244 5.401 17 37/18;2007 5"S1' 196 ' 119E First Natiora. Balk USA 06'25;2007 39.0C3 )0 99,0G).30 93,300 CO 5.60J 5.600 360 0825'2008 S"S1'0C9 ' 135E Fcrrestor State Bank 03 33;20Ca 99,0C3.00 99.00 3C 93.002 CO 5 300 2C0 5 3C0 92 '0i01/2007 5"S1' 13J '1130 reecon :Sank c' Georgia 01/31;2007 99,000 30 99,0C) )0 99.002 CO 5.500 169 5.500 214 01/31;2008 S" S110G3 ' IC93 Ga'den City State Bank 07'03;2006 39,000.30 99,003.30 09,00C CO 5.300 193 5.800 186 )1'02;2008 S"S 1' 146 ' 1146 Gc.f Coas: Connun ty Balk 05`07;20c7 39,000.30 99,000.00 99,000 00 5.3f0 5.390 3' 1 )5,07;2008 - De!, cd'C20C7 . )8 -09 Portfol o CNC CC PLI ;PRF_"M2, S,"Reol 6 =1.202h ieF['t Ver 500 City of National City Portfolio Management Portfolio Details - Investments June 30, 2007 CUSIP Certificates of Deposit - Monthly SYS11333 11C33 Georg an Bark 07'1';2005 99,020.00 99.C30.0C 99,030.00 4.200 200 4 20C 13 07'11/2007 SYS11065 ' 138E A•rerican Sank, The Grarge Bar 04.'2J;2006 99,030.0C 99,C30.00 99,000.00 5..350 163 5 350 113 10;22/2007 S YS11090 :109C Greatbank AlconcJin,Char.e'Ono 05'10,2006 99.000.0C 9£,COO.C•0 99,000.00 5 30C 208 5.303 135 1 ./'3'2007 S' S1'096 11096 Home Federal Sank of Hollyvocd 0T242C06 99.300.03 99.000.CJ 99 000.00 5 70C 251 5.700 23 07.24'2007 SvS1' 1C4 11 -04 Inter Savir9s Bar< 05,-62006 99 JOO.CO 99 00C.00 99.300.00 5 70C 260 5.7C0 48 08i16'2007 S S I' 125 11125 Jacksonville Bar..K G';' 12C07 99,JOC.CO 9900C CO 93.300.00 5.400 212 5.400 10 37/11!2007 SYS111'4 1' 114 Mille'lium State Bank of Texas 10,-3'2006 59.000 CO 99 003.00 99 00C GO 5.600 213 5.600 104 10,13:2007 SYS' 1155 11155 t.'ourta n National Bank 35715.'2007 99,00C.00 98,667 36 99.000.30 5.150 5.150 319 05/15/2008 SYS11334 1'034 V..JtualBanK 37/05'2005 99,000.00 99,OCJ.JO 99A0000 c.3E0 197 4.350 4 07/05;2007 SYS11'93 '11193 No'th Atlanta National Sank D6,19'2007 99,000.00 99,000.0099,000.'30 5.510 6.510 355 06'20;2008 SYS11113 11113 Neighborhood National Bank 10'07,'2006 170.000.00 100,030.00 100,00030 5.000 5.000 98 10'07i2007 S'rStt'27 1127 SecJril',PacitoBank'Networ-: 01'22'2007 99,030.00 99,000.0C 39,000.00 5.5'0 285 5.510 205 01122,2008 SYS11' 10 ' 11'0 New C,tv Bank 09/27;2036 99,030.00 99,000.0C 39,030.00 5.500 249 5.500 88 09'27i2007 SvS11128 11128 Na.tRepJblic Bank of Chicago 01!11;2037 99,000.0C 99,CJO.00 99,000.00 5.500 270 5 500 194 01111i2C08 3'51,097 1139' Oceans de Bark 07118,2006 99,030.0C 99,000.03 99,C00.0C 5.530 188 5.900 17 07118,2007 SYS1'095 11095 Omn. Natioral Bank 07 20,2C76 99.000.0C 99C00.03 99•C00.00 5 730 210 5.700 22 07;2312G07 SYS1' 134 11' 34 ParK Cities Bank 02;21/2GJ% 99.Gx1.03 99,000.00 99.000.00 5.55C 5.553 235 02'21,2C08 SYS1 • 153 11153 Piecrocl Ccr•nJrity Bank 05;31/2G07 99,300.03 99.000 CO 99.300.03 5 40C 5.403 337 C6/02,2008 SYS 11C87 1'067 RepJblic Federal - PinebarK NA C5;' 1'200e 99.00E0) 99 00C.00 99.300.03 5 49C 116 5.450 134 1';12'2007 SYS' 1121 1'12' Pirnacle Bank 2n 11i20'c�OE 99 JOC CD u.JOC CO C9.30000 5 51C '58 5.510 142 11i20:'2007 SYS' 1107 1' 137 Peoples Sta•e Bank C3/13/2306 93,30C CJ 99.J00 30 99.JOC.CJ 5.503 '93 5.5G0 443 39i16.'2008 SYS' 138E 1'CSS Rio BarK 35/11!2006 99.003 00 £9 OCC 30 99.000 CD 5.460 P3 5.460 134 11,12.'2007 SYS11' 77 '1177 Signatu,e Bark 05/01.'22007 99,00'3 00 99,JC0.00 99.JOG CO 5.375 5.375 305 05/01:2008 5YS11'31 11131 Souther 9arr, Jy05'20C•7 99,000 00 99,000.00 99,003 CO 5.450 183 5.450 219 02,05/2008 SYS11'2J '1120 SJn West Bank i'2�'"<005 99,OCJ.00 99,0G230 99,003 J0 5.50J 156 5.500 81 D9,2012007 SYS11'54 ' 1154 TCV. Bank, N.A 05109.2007 100,000.00 130,000.00 130.0000 00 5.4C0 5.400 131 11,09;2007 5'511144 11'44 Tennesse Correre BarK 04'16;2007 99,000.00 99.000.00 99,00300 5.350 226 5.350 290 04/16,2008 SvS1' 147 11'47 Treaty Cak Bark 05116,2037 99,030.00 99,030.0C 99,00.00 5.400 5.400 320 05/16,2003 S"S1' 115 11' 15 First TJskegec Bank 1C/17,2036 99.000.00 99,000.00 39,000.00 5.600 127 5 600 108 10/17/2007 SYS1 • 148 1114E Union bank N A. 05137,2037 99,070.00 99,000.0C 99,030.00 5.400 5 400 311 05107,2008 SYS11C94 1'094 Union National Bank of Elgin 07'19'2036 99.000.0C 99.0.00.03 99,000.0C. 5.770 241 5.770 18 07192007 SYS' 11 t 1 1' 11'. Virginia Commerce Bank 09;2612C06 92 C00.00 99,C00.00 95.000.00 5.550 255 5 550 57 08127/2007 SYS'.' 143 1'143 Wes; Pointe Bank C4;11,2007 99.000.03 99,COO.CJ 99,C00.0C 5 25C• 231 5 250 285 04111/2008 SYS' 1152 11152 •.NestSide Bank 05,24'2007 9900C.00 99.000.03 99.000.00 5 39C 5.390 331 0512712C08 Subtotal and Average 6,743,900.00 6,932,000.00 6,931,667.36 6,932,000.00 5.422 174 Page 3 R,S )Dale: 01.37,7 )3' . (3'C9 I Investment # Average Purchase Stated YTMIC Days to Maturity Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Portfolio CNC CC Pf.1 :PRF PM2: SymReot 6 41.202t CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2007 Page 4 Average Purchase Stated YTMIC Days to Maturity Investment tt Issuer Balance Dale Par Value Market Value Book Value Rate S&P 365 Maturity Date LAIF 9637.573 ' 1356 ..oval Agency n:es+nerc Fur0 Subtotal and Average 35,265,605.40 35.2'2 272 C7 35 2,56.223.95 35.272,272,0 7 5 230 5 230 1 35.272,272.07 35,256,223.96 35,272,272.07 5.230 1 Federal Agency Securities 512EX10070 10842 Federal ic-re Loan Bank 05'28:2003 100,007.30 93.815 30 '93.000.00 4 500 AAA 3.543 332 C5,23/2038 31339X7Q7C 1C349 =eceral Homo ,oan Bank 36/30.'2003 120,000 00 98 909 CO '0C.000.00 5 CDC. ,AAA 3 25C 365 06.'30/2008 31339YE32C '0556 Federa! Home Loan Bank 071, 7'2302 10.30C C7 98.939CO 999937.5C 4030 AAA 3 1'4 382 07'17;2008 31239YFN7C '0857 Federa, Horne Loan Bar-. C7124/2303 '00.300.03 98,878.0C 9975.0.0C. 4.000 AAA 3.204 380 07'24,'2008 3'3397P92C 10858 Fede•al Home Loar. Bar, < 07:30'2C33 '0C,000.00 99,190.00 130,000 30 4.253 AAA 3.500 395 07/30/2008 3'333XQtt7 13563 Federal Home Loan Bank 0?T22003 100,000,00 99,250.00 130,000 00 3.500 AAA 2.900 367 37r02r2008 31339XQN7 138E7 Federal Home _oan Bank 07'C2:2003 100,000.00 93.250.30 100.300 CD 3.50C AAA 2.900 367 07102i2008 31339v6G2 1C368 °ecera' Home .oan Sank 07/17,'2003 100,000.00 99.313 3,0 '00.000.03 4 3,0C AAA 3."03 382 07117'2008 31339YYC3C '0872 °eceral Horne Loan Bank C8/13!2003 1C3.000 CO 98,753.CD '00.000.00 4.C30 AAA 3.55C 409 08113i2008 31339YVS3C 10873 Federal Home Lcar Bark C8/14'2303 '03.000.03 98,846.00 100,000.00 4.030 AAA 3.300 410 08/14/2008 3'33XCAE9C 10874 Federal Home Lcan Bank 06:20'2C33 '.00,C30.00 99,615.00 99,937.50 5.000 AAA 3.914 416 08/20.'2008 3133XCDE6 13875 Federal Hcre Loan Bank 08'26,2003 100,000.00 98,940.00 100,000.00 4.500 AAA 3.800 422 08/261008 3133X0AE9 1C379 Federal Horne '_oan Bank 08'2012003 130,000.00 99.969 30 103.000.00 5.303 AAA 3.900 416 08,201008 31339YYC3 '0882 Feceral Home Loan Bank 08/13'2003 1C0,00C 30 99.531.00 '03.300.0C 4 COC AAA 3.550 4C9 08;13/2008 3133X0769 '0853 Fede-a: Home Loar Bank 0320'20033 100.300.07 99,750.C3 '00,000.00 4.530 AAA 3 90C 416 08120/2008 3'33X'LS4C 10698 Fede'a: home Loan Ban< 13;302CO3 10C C00.00 99,624.03 99,93'0AG 4.750 AAA 3922 487 101012008 3133X1_39C 17893 Federal Horne Loan Bank 10.'302003 '.0C,C30.0C 99,374.00 99,375.30 4.5C0 AAA 3.888 487 "0/331008 3133X24X0C 10913 Federal Home _oan Bank ' 1'23l2003 100,000.00 99,811.00 99,562 50 5.000 AAA 4.198 5'-6 '.12812008 3133X2337 1 C92C =ecera1 Home ,.oan Bank ' 1/26:2003 100,003 00 99 375 00 103 300.03 5 303, AAA 4.150 514 1128'2308 3133X2J55C 0521 rec^_ra! Hone Loan Bank 1216.'2303 103,003, CO 99.760 00 99.8'2.53 5 300 AAA 4.142 534 12%16/2C08 3'33X3C3'C 10922 Federa Hone Loar Bark C',30'2004 1CJ.300.CO 99,936.03 09937.50 3 125 AAA 3.'39 579 01130200,9 3'33X3RF2 13931 Federal Home Lcan B3r.K 02:262004 ' 000.00.0C 99.781.0C 100,030.00 5.000 AAA 4.182 787 0816,2009 3133X2WC3C 13'935 Federal -Icme'_oan Bank 02127i2034 100,C30.0C 99,530.0C 99,937.50 5.000 AAA 4.1'.4 607 02'2712009 3133X3Q55 1C338 Federal Hone _oan Bank 02'23;20C4 100,000.00 99,933.00 1C0,003. CO 5.00J AAA 3.975 603 02/23!2309 3133X4P21: ' 094C. Federal Home Loan Bank 03125.'2004 130,000 30 53.968 00 99 937.53 4 300 AAA 3.664 633 231251009 3133X5FE3C '0941 Feoera• Horne Loar Ban, C3,30'2304 100.300 CO 98 982 CO '0C 000.00 5 OOC AAA 3.95C 633 03,30'2C09 :i'33X52E7 10942 Fede'e, one Lcar Bar, C3/30'2304 '03.000.0D 98905.00 99.937,5C 4500 AAA 3.614 638 03.'302009 3133X4G,,4 13944 Federal '-cure Lcan Bank 03'17/2034 '00,030.0C 99 936.0C 100,000,00 5.000 AA , 3.429 78 09'1712007 3133X5FE3 1C345 Federal -acme _oan Bank 0313i2034 100,000.00 99,936.0C 130,000 70 5 030 AAA 3.950 638 03/3012009 3133X52E7C '0947 =eceral Home Loan Bank 3/33:2004 130,007.00 93.656.30 100.00C CO 4.5C3 AV.. 3.600 633 03/3C1009 3133X5L48C '094E Fece'a Hone L3ar• Bank 3421'2004 130,003 30 98.718 70 9.9.562.53 4 500 AAA 3.62" 660 0421'2009 3'33X5NZ7C 10949 Federa Hone Loan Bar, C4,22'2004 103 300 03 98.361 CO '0c.000.00 4 JOC AAA 3.54C 661 C4122'2009 Portfolc CNC CC ,= rn'c':acc; lF PM ;PFF_,=•A21 SymReot 6.4 1.202o CUSIP Investments Federal Agency Securities 3.33X5VR6C 3123X6BG00 3133X6Da3C 3133x6t4Q5 3133XENP7C 3133X6DYC2C 3133X6NP7 2'33X8B66 3133X3G23 3'33X3GC0 3133X8JQ6C 3133X8MG4C 3133XEJQ6 3133X_2G6 3133XK.-3 3133XKTK1 3133XKS3C 3132XL SP;3 3' 32xL.20 31359M(331 3'36=8LE3 3123X5C55 3123X5G93 3123X54U9 3123X5704 10950 '0951 1052 1C961 1C964 109E 5 13965 10987 0994 '0935 10996 .0997 1303 11'37 11'5C 11'6, 1' 167 1' 183 1'189 i'C51 '1151 '1139 '1142 '117F 11' 62 Pass Through Securities 3133-GS 35 1)62 7 CalTrust 201-000017--C R&flUate 2 ;J7,_'007 • Ce.05 1059 Issuer Fec^_ral Home Loan Bank Feeeral Hore _oen Bank Federal -kite Loan Sank Federal -Icre -_oan Bark Federal -+erne Lcan Bark Federal Home Lcar Bara Feder& Horne Lear Bars Federa: home Loar BanK Fede•a Home Loan Bank °ocara Horne Loan Bank Federal Home Loan Bank Feceral Horre Loan Bank Federal -lore Loan Bank Federal .Here _oen Bank Federal -acre _can Bank Gederal -'c.re Lcan BdrK Federal I-cme Lcan Bans Federal Home Lear Banc Federa Home Lear Bans Fede'a. Nati. Moegage Assoc °ede-a Natl Mc•bgace Assoc. Freddie Mac creddie t,'ac Freddie Vac Fredc,rr Vac Subtotal and Average Average Balance 6,684,015.02 Federal I -erne Lcan Mrtcaoe Coro Subtotal and Average CS T'usl Subtotal and Average 0.00 2,174,735.06 City of National City Portfolio Management Portfolio Details - Investments June 30, 2007 Purchase 3a:e Par Value Market Value 04'23,20:4 04:29,2C04 04::30/2C )4 05;' 2/2C04 C5/12'2304 05/26'2004 C 5/ 12/2004 33'26'2004 D9,1712004 39'222004 09,23;2004 09'3);20C4 09.'223,2034 02.'31/207 05;10/2C)7 C 5;' 4/2207 C6;)E/2C0? C5i' 1'230' C6/28'2)0? 3224'2'006 3423.'2007 )3,05'20C 7 33'05; 20C 7 05'C 7/2007 05.'2512007 OC.0)0.0C 'OC C00.0) 100 30C.C"0 100.000 C) 10).)00 CO 10OC'0 0 1C0,0C).00 130,000 30 1)0.000 00 1)0.000 00 100,C 30.0C 10C,c00.0C 'OC.000.00 20C C00.0C 20C C00.03 203 30C C) 2C) )0C C) 200.30C CO 2C0,000 00 2C0,000 )0 230.0C 2 )0 230,003 30 2230.000.00 200.000.0C 100.0 )0.0C 130,093.03 99.34.3.00 99,374.0 ) 99.732.0 99 499 CO 99.43E 30 9.9.719 )0 99.5C4.)0 99,413.00 99.733 OC 99,00C4.00 99.733.0C 39.438.00 199,562.03 199,401.93 199.566.00 20C 182 72 200 000 00 ' 99.566 60 :99 834 30 193.5E2 )O 199, • 46.30 199,533.00 199,254.00 99,570.76 Page 5 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date oc.c)o.oc 99.9.68 75 99.830 CO 99 9'06.25 100.300.CO 9.9.337 5 ) 1C3.DCC CD 1C0,00C CO 130,003 00 1)0,0C 0.00 39.953 '3 130,000.00 99,762.50 200,C00.0C 20C.C39.58 20C.0 )O.00 20C. 434.72 20C.000.03 2CO.000.00 2C7.30C C) 2C0.)OC C) 2C0,00C CO 22,0.00C CO 230.0C) )o 130.0C9.36 6,800,000.00 6,768,583,06 6,797,449.79 1';30,1996 C.CD 0.00 0 CD Statod 5 150 5 Coc. 4 25C 3 COO 3 25C 5.000 5.0C 3 4.5C ) 4.50 5.0c0 4 250 5.000 4.250 5 530 5375 33C 5 45C 5 60c 5 800 5 )0C 5.353 55C3 5.32) 5.250 5.3'5 AAA „AA AAA AAA AA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA AAA i.AA AAA AAA AAA AAA .AAA AAA 4 ". OC 4057 3.994 3.020 3.250 3.914 4.250 4.050 4.100 4.430 3.960 4 400 4 003 5 50C. 5 375 5 30C 5.470 5.500 5.800 5.000 5.35.3 5.5C0 5.320 5.250 5.334 667 04;28/209 668 C4/29,2009 669 C4130,2009 681 05;12'2C09 681 C5/12'2009 695 9'5/26.'2009 631 05/ 112.'2009 737 38/26'2009 809 09,17;2009 8'4 09,22'2009 815 09,23;2009 822 09,30/2009 315 09.'23;2009 ' ,' 58 09.'01 /2010 1.041 05/07/2010 502 11:14/2C08 690 05'21/209 1,076 C6/ 11/2010 1.276 12'28/20' 0 54 C8,24,2007 1.027 34/23.'201C 978 03/05.'201C 614 33/06/2009 676 05,07'2009 876 ' 1,2312009 4.299 851 0.00 E.C30 AAA 5 300 0 01:15,2013 0.00 2,183,363 17 2,' 83.368 17 2,183,868.17 2,183.868.17 0.00 2.183.368.17 5.39C 2,183,868.17 0.000 0 5.39C 5.390 Dortfolio CNC CC Pt.1;PRF_PM2SyrRept 6.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2007 Average Purchase Investment t Issuer Balance Case Par Value Market Value Book Value Rate S&P 365 Maturity Page 6 Total and Average 50,868,255.49 51,188,140.24 51,140,342.55 Stated YTM/C Days to 51,185,590.03 5.139 111 Dortfofo CNC CC PN (PRF_FM2, Syr-R+ept 6.41 2C2D City of National City Portfolio Management Interest Earnings Summary June 30, 2007 June 30 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: I-terest Collected 35.946.89 56' •760 61 Plus Accruec 'nterest at End of Period 97.590.51 97.590.81 Less Acc ec 'nte•est at 3eginn.ng cf Period ( 76.724.90) ( 87.654 33) Less .Accrued nte-es: at ?urc) ase During Pe•ioc ( 514.72) ( 664.99) Inte-est Earred du•in, Per:od Adjusted by Capital Gains or Losses Earnings cur rg Periods Pass Through Securities: Inte•est Col:ected Plus Accruec nterest at End of Period Less Accr ed :nteres: at Beg nning of Period Less Accr ed nteres: at Purchase During Per od me.-est Earred dJr rc Period Adjusteo by Premiums and Discounts Adjusted by Capital Gain or Losses Earnings during Periods Cash/Checking Accounts: nterest Cc lectec ?IJs Accrued Interest at Enc c` Period Less Accrued Interest at Beginning of Perioa Interest Earned during Period 56.298.06 571,032.10 0.00 375.00 56, 298.08 571,407.10 0.00 243.82 243.82) 0.00) 0.00 243.82 243.82) 0.00) 0.00 3.00 2.00 9'.00 3.'00 0.00 3.00 0.00 9,448.04 174,446.38 24,333.12) 159.564.3 .450.639.52 174.446.38 ( 38.984.64) 1,586,101.26 Total Interest Earned during Period 215, 862.38 Total Capital Gains or Losses 0.00 2,157,133.36 375.00 Total Earnings during Period 215,862.38 2,157,508.36 Portfolio CNC CC PL1 :PRF_FM6i S, nRept 6 c1 2020 Repel Ve• 5.0C Investments City of National C`ty City of National City Portfolio Management Portfolio Summary March 31, 2007 Par .',1arket Book % of Days to YTMIC YTM;C Value Value Value Portfolio Term Maturity 360 Equv. 365 Equiv. Ce7ibca'.9s c` Ceaosil - 1r:: -hi 6,1:i' . ;CC CO 6.120.364 ' 5 e 1 31,000 06 ' 3 67 495 '93 5 306 5.379 30.119.318 13 30.11'.303.55 30 1'9..8'8.13 58.15 1 1 5.09E 5.170 Nec]I able'Trarsferable CDs 95.30C CO 9..952.5C 95,0J0 OC 0.21 1 826 29 4.333 4.S00 Fe.de'aAgency Sec�-11 es 5, 7C3.00C CO 5.671.2E2.83 5 696.946 46 ' 2.89 1 6'8 653 3.042 ? S96 CalTrjs'. 2.155.' 72 94 • 2,155.1'2 94 2.155.172.94 4.89 1 5 21E 5 290 Investments Total Earnings Cure'1t Yea' Average Daily Balance Effective Rate of Return 44,200,991.07 44,163,561.07 March 31 Month Ending 194,973.71 45,378,947.43 5.06% Seth :tp' Lauri lo, Finance Director Reporting period 03/01f2007-03'31-2007 Fiscal Year To Date ' 533,325.33 41.186, 635.43 4.96% 44,197,937.53 100.00% 280 112 4.984 5.053 c•:fc io CNC CC :P ;.r .RexF•.4'.2C2D 3er2Jr'v.;- 500 City of National City Portfolio Management Portfolio Details - Investments March 31, 2007 Page 2 Average Purchase CUSIP investment # Issuer Balance Dale Par Value Market Value Book Value St Rate S&P ated YT365 Maturity MaturityDate Certificates of Deposit - Monthly S"S110'5 11)75 `,':ost=Dante Bark 04.1'2076 99.000.00 95.000.02 99,00.0C 5150 231 5 15C 10 041112007 S 'S 1' 074 11074 Te^.nesse Commerce Bank 04112C76 95 200.03 99.000.00 99.CJ0.00 5 250 74 5.280 15 04;18,2007 Sv61'022 11022 Pioreur Bank 05:05/2C35 99.30C.C) 990OO.CD 99.000.03 4 220C 238 4.203 38 C5;07/207 1777.27ACC 13702 0:v5ank C5.-5/2032 95.000.03 94,927.8D 95.300.00 490C '67 4.900 44 05, 5'2C37 32112FAD6 1)7C1 FNB of Roches C5;15,2002 95.30C CO 94.936 35 95.000 CD 4.85C 218 4.857 44 C5/15,2007 SYS' 1C23 1'023 Irterna:icnal Bark of Chicago 05i'6,2305 99,00C.30 99.30G CO 99.300.00 4.503 274 4.503 45 35/16/2307 SYS' 1122 1' 122 Appalachian Communty Bank 1206,2006 99,003.00 99.003 30 99,000 00 5.430 234 5.430 66 06'0612007 SYS' 1124 11124 F:larciai Federal Sac ngs Bank 1206.1270E 99,000.00 99,)03 00 99,000 2.0 5.4C7 300 5.430 66 06/06/2307 SYS' 1'00 - 1106 V duwn 5a'1k & Trust Ccmpan•; )9/07.:2006 99,0C370 93,0C) )O 99.003.00 5.6C7 118 5.630 67 06/07;2307 SYS11334 ' 1C34 ',1utJal Bar., 07,05'2005 99,020.00 99,007.00 99,00 .30 4.350 197 4.350 95 07/0512007 "511033 '1033 GecrganBark 0711;2005 99,000.00 99,000,00 99,00730 4.200 2C0 4.2.00 101 07/11/2007 S"S11125 11'25 _acksarvilleBank 01'1';2007 99,030.0C 99,030.0C 99,000.00 5.400 212 5.400 '01 07/11;2007 SvS". 126 11' 26 First Natl. Bk c' Camar scotta 01!18;2007 99.000.0C 99,030 OC 39,000.00 5.401 244 5 401 108 07'18;2007 S'S1'097 1109? Oceans de Bdrk 0715/2006 99030.0C 99,030.00 99,000.00 5.930 188 5900 108 07.'182007 SY51'094 11094 Cnior Natioral Bank c` E gir 07'19/2006 99,C)0.03 99,000.0C 99,C30.0C 5.770 241 5 77C '09 07.'19/2037 SYS 1'095 1'005 C-rni Natioral Eank 07.20/2C36 99 C00.00 99,C00.02 99.C3n.00 5 ?70 210 5 70C 113 07.'212037 SY51'C96 1'093 Hone Federal Bank of HoNwcoc 07:24/2C)6 99.300.03 99.000 03 99.0)0.0C 5 ?)0 251 5 7Q0 114 07.'24/2037 SYS' 1135 1' 105 The Wand Banking Company C8-6:206 99 30C.C3 99000.03 99.000.03 5 650 255 5.650 137 08.'16/2007 SYS' 1133 11103 F rst - eaorai Bank of Ca `crr C8;-6'2006 99.000.C7 99,000.00 99.000.03 5.60C 2'9 5.603 137 08;16/2007 SYS- 11.04 1 " 134 it ter Sa."irgs Bank C3:16/2006 99.30G.00 99 000.00 99.000.03 5 70C 2260 570C 137 08,16/2C07 SYS' 110G 1' 130 Community C7nnerce bank c 05/24,2006 .. _9,70C,,'1 99 COC CD 93,300.03 5 50C 295 5.576 145 C5;24'2C07 SYS11' 11 ' 11' 1 Virginia Commerce Bank 39/26200e 99.303 30 99.000 C7 99.000.00 5 550 255 5.550 143 C8/27/2007 SYS11'09 '11)9 °arTers Bank 39/07.'2306 99,003 '30 99.000 CO 9930C.C) 5650 205 5.85) 162 09/'0'2007 SYS11'22, ' 1120 ',Jr) West Sank "1'2C12306 99,000.00 93.000 30 99,000 CO 5.500 156 5.507 172 09;20/2007 SvS11' 13 'WC New City Bala 39,27.'20066 99,003.30 9900000 99,300 CO 5.503 249 5.500 179 39/27.'2007 5vS1'069 11369 AE&T Nat one. Bark 03/33;2005 99,00).30 99.00) 30 99.003.30 5.303 '34 5.33.0 183 10,011200? SYS1'0') 11)7C Cres:mark5ank 03'30;2006 99,000.00 99,00).30 99.00000 5.307 201 5.330 183 10/0112007 3v51,0E3 11768 Fo•reston State Bark 03'30,2005 99,030.00 99,000.00 90,0C3 00 5.300 2C3 5.300 183 10/01.'200? S"5111113 11' 12 Ne1gtoorhood National Bark 1C.'07/2005 100,C30.0C 130,000.00 100,0C D.30 5.000 5.030 189 10/07,'200? SY51' 112 11112 C azers P.alI. Bank of Qu :man IC'C62O36 99,COO.00 99.000.0C 99,00.00 5.400 237 5.430 191 '0,09/2007 SYS' 11'4 1' 114 Millen an S;a:e Ban, of Texas 13/13/2036 99,030.00 99000.0C 99,030.00 5.6C0 213 5.600 195 10/13;2007 SYS'1079 1'079 Conr-1e•calBelk 04;132006 99.000.03 99,000.0C 99,030.0C. 5.260 186 5.260 '9? 10'15;2007 SYS' 10.30 1,080 Ducage Natioral Sank 04,13/2036 99.000.00 99,000.0C 99,000.00 5.330 137 5 300 197 1G.'15/2007 SYS' 11'5 1'115 F rst Tuskogee Sank 10,'7'2C)6 99.300.00 99,C00.00 99,000.0C 5.600 127 5.600 199 1C.117/2007 SYS11033 11033 Chevy Chase Beak 04,20/2306 99.000.03 99030.00 99,030.00 5.260 237 5 260 204 10'22/2037 SYS 11)84 ' 1C34 F rs: Nat one' BarK in A :•„s 34120,2006 99,00C 00 99 OOC C3 99 000.00 5.300 199 5 30C 204 10/222007 Ri'Fpa•e 05'24:2X/ • 15 10 Portfolio CNC CC PM (PRF_PM21 Sy'TReol 6.41 2023 Rer:9n ',./e'. 5.0C ' 1055 _oral Agency rvestmerl FI.'lC 0 CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2007 Average Purchase nvestment 9 Issuer Balance Dale Par Value Market Value Book Value Rate S&P 365 Maturity Date Page 3 Stated YTMIC Days to Maturity Certificates of Deposit - Monthly SYS11335 1'085 me Grange 2ank 04120,2006 99,000.00 99.000.00 99.000.30 5.35C '63 5.350 204 10,22/2007 5 S' 11'' 1' 117 ComnL1ily First Bar,. & -'ust 'C:'23,2006 99.000.00 99,003.00 99.300 CD 5.55C 219 5.550 205 13,23/2007 SYS' 11' 9 11119 Cows Bar, 10.'23,2006 09,003.00 99.300. 00 99.300 00 5 52C 300 5 52C 205 13;23,2007 SYS11C76 11076 Amer:oan -tome Bank 34,24;2006 09,000 00 99.0o0Co 99.300.03 5 340 20E 5 340 206 10.'24,2037 SYS 1'C?7 1137' 8Js'9ess Bari of =ox P.i:o' :''; 34,24.'2006 99.300.30 99.2,00.00 99,000.00 5.300 174 5 300 206 10.'24,2007 SYS1'0'B ' 137E A.'rerican Bank 04,26.'2006 99.000.00 99.030.00 99000.0C 5.400 254 5.400 208 10,26612007 5"511060 ' 1039 0enlenr-al Bank c' Ina Nest C5,01'2006 99.300.00 99000.03 99,030.00 5.250 161 5.250 214 11/01;2007 SYS11067 11087 inebank.Nat cna Association 05/11/22,06 99000.03 99,030.00 99,003.00 5.493 116 5.490 225 '1/12,2007 SYS1138e 1'083 Rio Bank 05,11,2006 99,000.00 99,000.0C 99,000.00 5.460 93 5.460 225 11,12,2007 SYS' 139C 1'093 G'eaaar.4 A gon3u1r 05;10/2006 99,030.00 99,000.00 99,003.30 5.303 208 5.300 226 1 'i13/2007 SYS11121 1112' Pinrace Bank 11.'20i2036 99,000.00 99,00•0.00 99,000.00 5510 158 5.51C 233 11,20/2307 S\'S11C31 11091 Busey Bank c` Flor da 05_'21,2005 99,000.00 09.000 00 99 000.00 5.415 141 5.415 234 11/21/2007 5"51' 0.92 11092 '_,nior. C'edi Bark 06/201200•6 99,000 00 99,000.30 99.000.00 5 6650 242 5.850 263 12 220,2007 SYS1'003 '1393 Garden City State Bank 07/03.'2006 9.9,00000 99.300.0D 99,000.00 5 8.00 193 5 800 277 01.'03,2038 SvS11'28 ' 1126 Nat'l Reoublic Bark of Chicaco 01,112307 99.000.03 99,000 CO 99000.00 5.500 270 5.500 285 01!11,2008 SYS11129 1'129 CenTn.st Bank. N A. 0122,2007 99 300.00 99,000.03 99,030.00 5.510 33'30 5.510 296 01/22.2008 SYS' 112' 1' 127 Sect.ri:y Pac fic Bank INetwor•: 01;22,2037 99,000.00 99,000.00 99,000.00 5.513 285 5.510 296 01/22/2008 SYS'' 130 111:i3 Freedom Bark of Georgia 01:3',2007 99,030.00 99,000.00 99,000 00 5.500 189 5.503 305 O',31l2008 SYS' 1131 11'31 Sou:yam Sank 02105i2037 99,000.00 99,000.00 99,000.00 5.450 18C 5.450 310 32,05122008 SYS1' 133 11132 Cape Pear Bark 02'07;2007 99003.30 99.300 00 99.00003 5 50C '81 5.500 312 0207/2008 S'S 1' 122 '1132 =irst Bank of Mani 32/21.7007 99,000.30 99.002. CO 99.200.00 5.500 159 5.50C 326 02'21,2003 S"511134 ' 1134 =ark Cites BanK 02/21!2307 99.300 CO 99.000.C3 99000.00 5.550 5 550 326 02'21,2008 SYS11'38 i 1136 The CDIumt_an Bark ; Tr.jsl Co 03,05,2007 99.2,00.00 95030.00 99000.00 5.450 249 5.450 33e 03.'04,2003 51(511'35 1.135 Cote Taylc'3ank 03,29/2307 99,000.03 99,030.0C 99,000.00 5.350 238 5.350 365 03131;2008 SYS • 1107 1' 107 Pecoles State BarK 09;13/206 99,000.0C 99.000.0C 99,003.00 5.500 193 5.500 534 09,16/2008 SYS' 113r, 11 •08 Conne-ce P 's1 Bar.. 0918,2016 99,030.00 99.000.00 99,003 00 5.750 223 5.753 536 09/18!2008 Subtotal and Average 6,201,258,06 6,131,000.00 6,130,864.15 6,131,000.00 5,379 193 LAIF 30,' 19.818 13 1' 3.111 308.65 33 ' 19,8, 6.13 5 17C 5 170 1 Subtotal and Average 31,419,818.13 30,119,818.13 30,111,308.65 30,119,818.13 5.170 1 NegotiableiTransferable CDs 458E57E:1 10568 hter3rocit tank 04'30,20C2 35,030.00 94.952.5C 95,003 30 4.9C0 128 4.900 29 34/30.2007 Subtotal and Average 95,000.00 95,000.00 94,952.50 95,000.00 4.900 29 Portfolic CNC CC F9 (PRF_ PM2) S ,,Rer'1 6 41.202C CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2007 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Cate Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3133XA-0.97 11020 Federal Here _oan Bank 0?.'282CJ5 20C C•)0.0C 199,498.03 200,000.0C• 4.000 AAA 4 000 88 06.'23/2007 31359 :'331 11•)51 Federal Nell `,tortcage Assoc. 02,24,2GJ6 20C 000.0C 195,894.00 200,000.00 5 COO AAA 5 )OC '45 08/24/2007 3133X43.4 17944 Federal reme Lcan Bank 03;' 7/2004 '00.000.0J 99.875.00 100.000.0C 5 C)0 AAA 3.429 169 09117,2007 312EX1307C 1)342 Federal Home Lcan Bark C528'2CO3 '03.300.00 98783.00 'OC.000.00 40)O AAA 3 44C 423 05128/2008 31339X 7C 1)849 Federal Home Lcan Bare C6/30,2003 109000.03 98.877.CD '00.000.0C 4 COO AAA 3.050 456 06;302008 3'1333XJ\7 1)SE3 Fede-al Home Lear Bar, C7/32'2003 1CO.00CCO 99.125.00 'OC,C00.00 3500 AAA 2.90C 459 07132/2008 3•333X:,r,7 LJE67 F=_dea:HomeLearBar< C7;02,2003 1CJ.J0C.00 ge.1250) 10C.000.00 3500 AAA 2.90C 458 07;32,2008 3'339Y6G2C 10653 Fede:a Home Lear Bar, C7r' 7'2003 1C0.000 CD 98.877 GJ 99,9,37.5C 4 COC AAA 3.'14 473 07;17,2008 3'339Y6C2 1086.3 Fede•a Hone Loar Bark, C7,'7'2)03 1C0.30C CO 99 625 CO 10C 000.0C 4 COC AAA 3.'03 473 07117,2008 3' 3391'FN7C 10E67 Fede'a Home Lear Bark C7,24.'2003 1G),•J00 CO 99.846 CO 99.750.00 4 2,0C AAA 3.204 480 07;24,208 3'339YF92C 10E53 =eeea Horne Lear Ban, 37/3C12.003 100,00C CO 99.158 CO '0C.000.03 4 25C AAA 3.500 486 07;30,2008 31339YY380 '0E72 =ece-a Hone Loar Ban, 38,1312003 100,003 CO 99 721.30 1103.300.03 4 000 AAA 3.550 500 081'3/2508 31339YYC8 ' 0892=ec=_ra: Home !oar Bank 08,12.2003 100,002 CO 99.438 00 100.300.00 4 00C AAA 3.550 5C0 08;' 3/2008 31339Y;'SSC 10873 Feceral Home Loan Bank 08,1412003 130,000 00 0,8.814 00 1C0.000.C3 4 00C AAA 3.303 501 08 '4'2008 3133X0AE3C '.0874=ederal Home Lcan Bank )8'2G'2003 130,000 00 99,7E3 00 99 937.50 5.003 AAA 3.914 507 0120/2008 3133X0AE9 '0879 =eceral Home Loan Bank 38,23 2003 100,000.00 99.938.00 103.300.0) 5.003 AAA 3.900 5C7 08i20!2008 3133X0'BS '0883 °eceral Horne Loan Bank 88'20;2003 100,000.00 9.9.688.30 103.30C CD 4.500 AAA 3.900 5017 38/20.'2008 3133XODE6 'C575 Federal Horne Lcan Bank 08'26;2003 130,000.00 98•903.00 100.00C CO 4.500 AAA 3.8C0 513 08,26.'200E 3133X1L54C 16898 Federal Home _02'1 Bank 'C•'30;20C3 130,OCJ.•)0 G9,592.00 99,90C CO 4.75) AAA 3.922 578 10;30.'2JOE 3133X1L39C 10599 Federal -lore _oan Bank '0'30;20C3 130,000.00 99,342.00 9.9,375 CO 4,50) AAA 3.898 578 10/30.'2008 3133X23C' 1Ca2C Federal -lore •_ozn Ea'1k 11!22620C3 1J0,000.00 99,813.00 1C0,000 CO 5.000 AAA 4,150 605 11/2612008 3133X24X)C 10313 Federal HcTe Loan Bank 11123,2023 100.000.00 39,780.00 99.562 50 5.00) AAA 4.198 607 ' 1,28.'2008 3133X2JS5C 1C921 Federal Home Loan Bank 122115i2033 100,000.00 99,748.00 99,812.50 5.00) .AAA 4.142 625 12/1612008 3133X3084C 10922 Federal Here _oan Bank 01/30/2034 100,000.00 99,905.00 99,937 50 3.125 AAA 3.139 670 01,3012009 3133X30S5 10939 Federal .-lorre _oan Hank 02.'212004 100,000.00 99,844.00 130,00'3 00 5.00) AAA 3.975 634 32,23:2009 3133X?'�JC3C 10935 Federal Here! oan Bank 02'272004 100,000.0C 99,493.00 99.937 50 5.000 AAA 4,114 698 02'2712009 3'2EX5392 I' 142 Frecdie Mac 33/062007 200,000.00 139,722.2C 2.00,000 00 5.320 AAA 5.320 705 03,06/2009 3'33XK5U5 1' 138 Federal Home Lcan Bank 03;20/2037 200.000.00 200,030.83 200,03083 5.550 AAA 5.550 718 03/19122009 2133X4R21C 1)940 Federal home Lcan Bank 03125'2C)4 'OC.COO.00• 98,936.00 99.937 50 4.000 AAA 3.664 724 03125;2009 '33X5=E3C 1094' Federal Home Lean Bark 03;30,2004 10C.000.00 99,410.00 130,0CJ.00 5.0G0 AAA 3.950 729 03,30;2009 3.33X52E7 10942 Federal Home Loar Bar+, C3;30,2004 10C 000.0C 98,873.0C 99,937.50 4.500 AAA 3.614 729 03,3C/2009 3'33X5FE3 10945 Federal Home Lear Bar-; C3;30,2004 '0C.000.00 99,731 OC 100,000.00 5.000 AAA 3.950 729 03/30,•2009 3'33X52E7C 13947 Fedeal Horne Lear Bark 63/30,2304 '03.300.03 99,375.0C 100,00,0.00 4.5C0 AAA 3.600 729 03'33;2009 3133X5L48C '09.43 Pede.I Home! oan Barr( 0421'2304 '03.000.03 98.696.02 99,562.50 3.625 AAA 3.270 751 04/21;2009 3133X5NZ7C '0949 =edera Home L2ar. Bar• C4/22,2004 '00.00003 98,030.03 100,000.00 3.500 AAA 3.340 752 04,222009 3133X5`.'RSC 10950 Pecera: Hone Loar Ban,. 04/28,2004 1C0,000.C3 'OC.C61.00 100,020.00 4.650 AAA 3.900 758 04/28;2003 ROTbaie C525:2)C7- 15 Iv Portfolio CNC CC PM (oa=_PM2) SYrnReri 6.41.202C CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2007 Page 5 Average Purchase Stated YTMIC Days to Maturity investment u Issuer Balance Date Par Value Market Value Book Value Rate S&P 385 Maturity Date Federal Agency Securities 3' 33x6B30C 10951 Federal Fame Lcan Bari: 04'29/2004 100,O00.00 99,31' 00 99.968.75 4 000 AAA 3 657 759 04;29i2009 ' 33X3C•69C 10952 Fede'al 1-,:me Lcan Bank 04/302004 100,020.00 99.342.DO 99.500.00 4 25C AAA 3 994 76C 04.'30/2009 3' 32X6`:C5 139E' Federal i-.c're Loan Bank 05,12'2004 130,000 00 1C0 '. 86.00 90 906.25 3 C00 AAA 3 020 772 05!12'2009 5133XC.NP7C 1396.4 Federal -Icme _can Bank 05'12'20C4 130,0CD Do 99 467 CO 100.000.0C 3.250 AAA 3.250 772 05'12'20C9 0133XENP7 IC966 Federal �c're _oan Salk D5/12,2004 100,003.30 99.531.CD 10C,C00.0C 4.250 AM 3.950 772 05/12'2009 3133X6DY022, 1C365 Federal Home _o2n Bank 35/26,'2004 100.000 00 99.405.00 99,937.50 4.250 AAA 3.714 786 05/26!2009 3133X3RF2 'C931 =ecera' Horne Loan Bank 02/26.'2004 10 30C.C3 99,656.00 100,000.30 5.000 AAr" 4.182 878 D8/26/2009 3133X8B65 '0937 Federal Hone loar Bank 0326/2004 '00.000.00 99,629.00 100,0CD 00 4.500 4AA 4.05D 678 0826!2009 3123X8G23 ' 0994 =ecera Home Loan Ban,. C9;17/20,04 100.000.00 39,535.0C 100.000 00 4.500 AAA 4.103 900 09/17/2009 3133X3GC0 10995 Federal Home Loar Bark 09,22/2004 -..00,030.00 99,863.00 100,002 CO 5 O0C ..4 A. 4.400 905 09/22/2009 3'39X8_C6C 10996 Fade -al Home Lcan Bari( 09.'23/2034 100,000.00 99,'29.00 99,953 13 4.25C AAA 3.960 9C6 0923/2009 .i'33X8..C6 l'003 Federal Home Lcan Bank 09.'232004 100.000.00 93.219.00 99.762 50 4 250 AAA 4 003 908 09.'23/2009 3133X8".134C 12,957 Federal Here _031 Sank 09/30/2004 100,003.00 99.863 00 ' 02 200.00 5 000 AAA 4.400 913 09.'30/2009 3126X5C55 11' 39 Fredc,e','ac. 031052007 200,000 00 ' 99.914 80 200,000.00 5.500 AAA 5 500 1 069 03.'C5/2010 3133X.12G6 11'37 Federal Horne Lean Bank 33/01.'2007 200,000.00 '99.81203 200,000.00 5.500 AAA 5500 1.249 09'01!2013 Subtotal and Average 5,516,282.40 5,700,000.00 5,671,262.83 5,696,946.46 3.996 853 Pass Through Securities 3' 33TGSG5 10637 Fede-al Home Lcan Mrt9age Cora 11.30/1995 0.00 0.0C 0.00 6.003 AAA 6.00D 0 3',"5!2013 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0 CalTrust 2C' 0000'7-1D 11D59 CalTrest Subtotal and Average 2.146,588.83 2,155,172.94 2.'55.172 94 2.'55172.94 5290 5290 1 -otal and Average R.. i 0, ,;e Co'26,cjO' 45,378,947.43 2,155,172.94 2,155,172.94 2,155,172.94 5.290 1 44,200,991.07 44.163,561.07 44,197,937.53 5.053 112 Portfc.io CNC CC PA' (PRF .I21 syrRest 6.41 2020 City of National City Portfolio Management Interest Earnings Summary March 31, 2007 March 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: ;nteres: Co! ected Plus Accrued Interest at End of Period Less Accruec nteres: at Beg nning of Period Less Accr,e: ,nte'est at Purchase During Period Interest Earec darinc Per od Adjuster by Capita• Gains cr Losses Earnings during Periods ( 42, 762.13 422, 535.66 77,562.25 77,562.25 71.305.16) ( 87.654.33) 30.83) ( 30.83) 48,988.39 412,4' 2.75 0.00 375.00 48.988.39 412,787.75 Pass Through Securities: I-terest Collected 0.00 Plus Accrjer !merest at End of Per od 243.82 Less Accrued Interest at Beginning of Period ( 243.82; Less Accrued I'terest a: Purchase During Pericc ( 0.00) Interest Ea'ned during Pe^oa A:justed by rerr. urrs and Discounts A:;usted by Cap tal Gairs or Losses Ea'n rgs during Penocs 0.00 243.82 243 82) 0.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 Cash/Checking Accounts: In:erest Collectec 9 176.12 1,029,490.35 P.us Accrued Interest at End of Pe'.00 130.041 87 '30,04'.87 Less Accrued Interest at Beginning of Period (-6,767.33) ( 38.984.64) Interest Earned during Period 145.985.32 1,' 20, 547.58 Total Interest Earned during Period 194,973.71 Total Capital Gains or Losses 0.00 1,532,960.33 375.00 Total Earnings during Period R. i'iale 3E29, J0' . 15. i s 194,973.71 1,533,335.33 Portfolio CNC CC PM (PRF_PW5; Syr'ReG' 6.4' .202t Repert .'er. 5 00 City of National City, California COUNCIL AGENDA STATEMENT mEETING DATE August 21, 2007 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION APPROVING COUNCIL POLICY ON THE CITY OF NATIONAL CITY INVESTMENT POLICY PREPARED BY Jeanette Ladri Finance Director EXPLANATION DEPARTMENT Finance x 4330 City Council Policy Number 203 provides that the City's Investment Policy be reviewed annually. Per Council direction, investment policy updates are incorporated into our City Council Policy. This year's policy incorporated some changes to the policy adopted October 7, 2003. Environmental Review N/A Financial Statement Not applicable Account No. STAFF RECOMMENDATION Staff recommends to adopt the Resolution approving the updated policy for inclusion in the Policy Manual and amend the Investment Policy adopted by Council on October 23, 1990. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Updated Investment Policy A-200 (9/80) RESOLUTION NO. 2007 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 203 PERTAINING TO THE NATIONAL CITY INVESTMENT POLICY TO PERMIT THE CITY TO PARTICIPATE IN THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS) INVESTMENT PROGRAM BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 203, entitled "Investments", is amended as recommended by the Finance Director, in order to permit the City to participate in the Certificate of Deposit Account Registry Service (CDARS) Investment Program. PASSED and ADOPTED this 21st day of August, 2007. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 1 Purpose The purpose of this document is to identify various policies and procedures that en- hance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projections, control of disbursements, expedient collection of revenues, cost effective banking relations and a short term borrowing program which coordinates investment opportunity with working capital re- quirements. The ultimate goal is to enhance the economic status of National City while protecting its pooled cash resources and to provide broad guidelines to the offi- cer of the City charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the City of National City are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest in- vestment return with the maximum security while meeting the daily cash flow de- mands of the City and conforming to all state and local statutes governing the invest- ment of idle funds. Scope This policy applies to all financial assets of the City accounted for in the City's Com- prehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CITY OF NATIONAL CITY CITY COUNCIL POLICY TrrI.F: Investments POLICY NUMBER 203 ADOPTF I ): October 23, 1990 REVISED Aug 6, 2007 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the in- vestment policy and exercising due diligence shall be relieved of personal responsi- bility for an individual security's credit risk or market price changes provided devia- tions from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CITY OF NATIONAL. CITY CITY COUNCIL POLICY TITLE: Investments POI .ICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably antici- pated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the City's ability to meet operating expenditures. CITY OF NATIONAL CITY CITY COUNCIL POLICY "I'rrf ,E: POLICY Investments NUMBER 203 ADOY'FED: October 23, 1990 - REVISE'D Aug 6, 2007 4 Return on investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the City, and they shall CITY OF NATIONAL CITY CITY COUNCIL POLICY TITI ,E: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 5 further disclose any large personal financial investment positions that could be re- lated to the performance of the City's portfolio. Employees and officers shall subordi- nate their personal investment transactions to those of the City, particularly with re- gard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only.. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the City's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the City. CITY OF NATIONAL. CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 6 The following are the criteria for eligible investments: 1. All investments of the City shall have the City of National City as the registered owner and shall be kept in the custody of the City or by a qualified safekeeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Spon- sored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. The maximum matur- ity shall be 5 years with a minimum credit requirement of AAA which all U.S. Treasur- ies and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment CITY OF NATIONAI, CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 7 grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and eam either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUNDJLAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 8 INVESTMENT TRUST OF CALIFORNIA (CalTRUST) is a pooled investment pro- gram through the CalTRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CalTRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Government Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the government codes. INELIGIBLE INVESTMENTS Investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658. The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the City's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the City shall have the City of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. CITY OF NATIONAL, CITY CITY COUNCIL POLICY TITLE: Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 9 Diversification The City will diversify its investments by security type and institution. With the excep- tion of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Account Registry Service (CDARS), and the Local Agency Investment Fund pool, no invest- ment may be made that would, as of the date a particular investment is being consid- ered, result in having more than 15% of the City's total investment portfolio being in- vested in a single security type or with a single financial institution. Non -Discrimination The City shall not knowingly make any investment in any financial institution and bro- ker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. CITY (1H' NATTONAT ('TTY CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 10 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 11 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY CITY COUNCIL POLICY Investments POLICY NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 12 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage— Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance —A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds --The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization—Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds —The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon— the annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate —The annual yield earned on an investment, expressed as a percentage. CITY OF NATIONAL CITY CITY COUNCIL POLICY POLICY Investments NUMBER 203 ADOPTED: October 23, 1990 REVISED Aug 6, 2007 13 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac -Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae --Trade name for the Government National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently lim- ited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF' NATIONAL. CITY CITY COUNCIL POLICY TITLE: Investments POT,TCY NUMBER 203 ADOVI'E,r): October 23, 1990 REVISED Aug 6, 2007 14 Sallie Mae - Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills - United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies - Instruments issued by various United States Gov- ernment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to self securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL, CITY City of National City, California COUNCIL AGENDA STATEMENT ..gEETING DATE August 21, 2007 AGENDA ITEM NO. 10 ITEM TITLE National City Sales Tax Update —First Quarter 2007 PREPARED BY Jeanette Ladrido, CPA DEPARTMENT Finance Finance Director EXPLANATION The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Attached is the National City Sales Tax Update for the first quarter of 2007. This newsletter is also available on the City's website. Environmental Review N/A Financial Statement N/A Approved By. Je ette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Quarter 1 2007 A-200 (9/80) Business and Industry Natioral City In Brief. eceipts frci January - March sales decline: 10.5% compared to the same per::.7 last year but aber- rations skewe: results. With anom- alies removes actual sales dipped 4 9% usiness cl;:ures in used autos and boatslm:-crcycles added to auto -related Ic:ses from lower sales ctivity in the •ew auto group. The ain in contra::ors helped offset the drop in lumlartbuilding materials that reflected : uggish performance in the constn,:tion/building indus- try overall. A• allocation error that inflated the yur-ago quarter exag- gerated the le in service stations while a onetime correction account- ed for the de; me in the food/drug group overal Post holiday sales slipped in th- department store. specialty stor- and electronics/ap- pliance store categories. 't new outle boosted restaurants with no atcoh:: and sates increased in the discot:at department store classification ".he rise in familyap- parel was ow. stated by a onetime event. The 1% transactions tax generated 51.866,493 fc tie January to March period or 55 c c of point of sale rev- enue. I axable sale: for all of San Diego County rose . % over the com- parable quart -;while the Southern California reg,t as a whole was up: 3.3%. SALES TAX BY MAJOR BUSINESS GROUP $100,000 ._.. $1,600,000 • 51,400,000 $1,200,000 61,000,000 $300,000 - $600.000 S400,000 S200,000 SO - tszoo.noo) Autos and T ransportation TOY 25 PR n A!pna v L Bi Crdc Arco AM PM Mini Mart Auto Cash Access Ball Honda Acura Mitsubishi & Suzuki Circuit City CP Manufacturing Daimler Chrysler Finance Dixieline Lumber Frank Motors Hanson Aggregates Harrison Buick JC Penney Karz Plus RV Macys General Consumer Goods Building Restaurants and and Construction Hotels ODI ,CERS McCune Motors McLean Automotive Mervyns Mossy Nissan Perry Ford Reliance Steel & Aluminum Ron Baker Chevrolet Isuzu Ross San Diego Dodge South Bay Volkswagen Suzuki Wal Mart Wescott Mazda Kia -111.1.stOtartec2006 Fuel and Service Stations 8.8 Food and Drugs ON OF USE TAX t,tifttions, merchandise Yr,. 't�v2tr.j: ut of crate locative jlse.''fax with the local Doted via county or state `lvridu a1Io atifi,tt pools. "1"he revenues art ti!td atrnrlhg'cach jurisdiction in Ltne p,ogitasedon;diem pro rata share of taaabie sales; the l laid ofiEquallzatiiiir's,current Kc�4ilaton3t8Q21)rotidesa'ritxi ption by alltir;ntrrg Yht use >at' purcitascs exceecit to of dclive"i hided y1e}at ` out -of stag disc is ship rectiv to the Il the order or sale t state, the use tax on the tit merchandise continues to be-•ip boned via the pools. Effective January 1, 2008, the BO has agreed to eliminate the in -state participation requirement so that the use tax on transactions delivered from out of state that exceed $500,000 in value goes to the jurisdiction of use. The prurrary benefit for local agen- cies will be an uxrease in occasional receipts of use tax from out of state capital purchases made by local busi- nesses and taxpayers. BOARD TACKLES TAX GAP Each year the state collects over $44 billion dollars in state and local tax revenues. They estimate that an addi- tional $2 billion (the tax gap) goes un- collected. The largest portion of the tax gap is comprised of unpaid use tax. Out-of- state retailers arc not required to col Iect and remit sales tax if they do not have a physical nexus in California. In these cases, the bower is responsible for reporting and remitting the corre- sponding use tax and often fails to do so either purposely or because they are unaware of the requirement. The second largest component of National City Sal the tax gap lies with the underground economy where transactions are paid by cash arul businesses operate with- out registering in order to avoid taxa- riou. "1'he final component consists of upaid taxes on sales and purchases that are purposely or inadvertently un- der reporied. The Board of Equalization has pro posed a three year plan to reduce. the gap. Elements include additional sharing and utilization of data bases to identify unregistered businesses and/or potential use tax purchases by companies not required to register, 1 e;. tional staffing and technology" to eve audit and collection effective - more field inspections and inn in special events such as fi and auctions. also calls for increased rax Mention and mote effec e`aeMisirauou requirements includ erg consolidation of state and local agencies into a one stop registration system. Copies of the plan can he reviewed at www.. bnc.ca.gov. 58,000 56,000 54.000 52,000 National City 01 05 County 01 06 01 07 California REVENLE BY BUSINESS GROUP National City This Quarter &Along 1s.:irnn. Restaurants I % tt NATIONAL. CITY TOP 15 BUSINESS TY PE" bYi 51281.8 49% -2.3% -3.2!, 229.9 23.6% -22.2% -23.2% 223.4 10.9% 6.1% 5.8% 173.5 •3t 9% -0.8% 5.3°% 152.1 -8.2% -2.1°w 19% 143.2 2.4% 4.1% 5.8% 135.9 32.1% 24.4% 173% 98.7 -10.9% 76% ' 10.0% 80.1 -7.9% 0.0% 0.2% 19.2 -11.5% -10.0% 3.5% 634 0.?% 24.8% 10.5% 52.0 36% 532.9% 20.0% 57.2 2.3% 8.6% 13.5% 56.7 8.1% -3.5% 4.4% Slit", 114.7%-1d.19s -3.2% City of National City, California COUNCIL AGENDA STATEMENT =ETING DATE August 21, 2007 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER # 3 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Jeanette Ladrido 6194336-4330 Ratification of Warrant Register # 3 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,424,502.39 BOARD / CQMMISSION RECOMME ATION (4-1104/11: i ett 4(21Z-ZZA--' ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#3 2. Workers Comp Warrant Register dated 7/11/07 3. Payroll register dated 7/11/07 A.20C re w: City of National City WARRANT REGISTER # 3 7/17/2007 PAYEE SIZZLER RESTAURANT 1145 SANDOVAL ADAMSON POLICE. PRODUCTS ADDICTION MEDICINE. CONSULTANT AFFORDABLE SERVICL APPLIANCES ALEXANDER'S I.F.GA1, SEMINARS ASTRO MECHANICAL CONTRACTOR AT&T/MCI AT&TMCI CAL EXPRESS CAL STATE LONG BEACH CALIFORNIA COMMERCIAL SECIJRI CLIOICEPOINT CITY OF CHIJLA VISTA CONSTRUCTION ELECTRONICS INC. CORNERSTONE I.EADLRSHIP CORPORATE, EXPRESS CSAC EXCESS INSURANCE AUTLIORT D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC DALEY & HEFl I.LP DESCRIPTION ER FOOD PROCUREMENT PROGRAM ADV SUBSISTENCE - J SANDOVAI. SAFEIN VESTS AND COVERS MEDICAL SERVICES REPAIRS, REPLACE WATER PT.JMP ALEXANDER'S REV 435 LABOR & MATERIALS TO REPAIR I IVAC PHONE 619 474-8857 PHONE 619 474 0623 5/1-6/4/07 JUNE BILLING TUITION/INT AFFAIRS INVLS.IGTN MOP 45754 PIN NEI ITI:R 11EAD DND DATABASE - ACCESS JUNE 07 SD CONSORTIUM TRNG MAINT CONTRACT- JUNE 07 M. M. L. BOOKS ECONOMY CHAIR MAT WORKERS' COMP 7/1/07-6/30/08 DEPOSIT#954 8T11 & D AVE DEPOSITli842 900 L AVE DEPOS1T4930 CYPRESS GLEN CONDOS DEPOSIT11951 PARADISE WALK DEPOSIT#1027 3030 PLAZA BONITA CLAIM: SCHOOI. I)1STR V C OF N C CHK NO DATE AMOUN 215757 7/12/07 448.00 215758 7/16/07 607.55 215759 7/17/07 2,877.27 215760 7/17/07 49.50 215761 7/17/07 380.00 215762 7/17/07 38.40 215763 7/17/07 2,501.72 215764 7/17/07 50.36 215765 7/17107 57.29 215766 7/17/07 92.20 215767 7/17/07 300.00 215768 7/17/07 31.54 215769 7/17/07 100.00 215770 7/17/07 2,225.00 215771 7/17/07 843.55 215772 7/17/07 135.60 215773 7/17/07 2,903.54 215774 7/17/07 84,444.00 215775 7/17/07 1,750.00 215776 7/17/07 1,641.25 215777 7/17/07 1,527.50 215778 7/17/07 995.50 215779 7/17/07 757.50 215780 7/17/07 731.91 DELI. MARKETING CORP DELTACARE (PMI) DEPARTMENT OF TRANSPORTATIO DIXIELINE LUMBER CO. DREW FORD ENTERPRISE GROIJP ENVIRONMENTAL HEALTH COALIT EXPERTAN FIT TO WORK INC GRAINGER GRC SYSTEMS, INC. ITARRIS & ASSOCIATES TIORILON HEALTH EAP IDEN'ITX INC. IKON OFFICE SOLUTIONS INDEPENDENT FORENSIC SERVICES INFRASTRUCTURE. ENGINEERING J3 PRODUCTIONS JOHN DEERE LANDSCAPES KREPPS LOPEZ MATNTEX. INC. METRO FIRE EQl1TPMEN'R MINUTEMAN PRESS MJC CONSTRUCTION NEXT DAY PRINTED TEES NEXUS INTEGRATF,R) SOLUTIONS OUCHI'S POWER EQUIPMENT PRUDENTIAL, OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAMIREZ RED SEA ENTERPRISES RIVERSIDE COUNTY SI IERIFF DEFT RODRIGUEZ ENVIRONMENTAL. FEE DENTAL INS PMI Jl lLY 2007 HIGHWAY LIGIITING FOR MAY 2007 MOP 4.5707 PROP SUPPLIES MOP #49078 COVER ASSEMBLY COPY PAPER CONTRACT W/ ENV IIEALTII-MAY07 CREDIT CHECKS FOR NEW PD EMP EXPERT & CONSIJLTANT SVCS MOP #65179 TARPS, ROPE, TWINE 139 HOURS GTC SERVICES JUNE 2007 SERVICES EMPLOYEE ASS'R PROG JULY'07 FINGERPRINT TEST SUBMISSION MAINTF.NTANCE ON DUPLICATOR SARI' EXAMS DEPOSIT#950 PACIFIC VIEW ESTATES REFUND/STREET CLOSURE. F.XP MOP #69277 LANDSCAPE. Si IPPLIES REIMBIOAIRE SEMINAR TRANSLATION SVCS ON 5/15/07 JANITORIAL SUPPLIES SVC FIRE EXTINGUISHERS MOP 47939 PETTY CASII FORMS RETENTION/PARADISE, CREEK PARK COUNCIL SHIRTS NEXUS IS MAC MOP H45740 EDGER & COIL ASSEMBLY MOP 45742 TOWF.1. BA'I'II WHITE SERVICE PERIOD 07-07-3 INTERVIEW & INTERROGATION POLICE BADGE. SQUEEZE TOY TUITION/CRIMINAL INVEST BASIC REl MB/2007 PROMOTIONAL PANEL. 215781 7/17/07 1,930.52 215782 7/17/07 3,291.15 215783 7/17/07 2,572.11 215784 7/17/07 2,047.85 215785 7/17/07 3.58 215786 7/17/07 3,211.23 215787 7/17/07 5,141.18 215788 7/17/07 10.24 215789 7117/07 375.00 215790 7/17/07 92.87 215791 7`17/07 1,847.36 215792 7/17/07 825.00 215793 7/17/07 841.30 215794 7/17/07 16.00 215795 7/17/07 125.00 215796 7/17/07 1,700.00 215797 7/17/07 1,118.60 215798 7/17/07 187.46 215799 7/17/07 140.62 215800 7/17/07 91.57 215801 7/17/07 100.00 215802 7/17/07 3,070.15 215803 7/17/07 212.06 215804 7/17/07 359.84 215805 7/17,/07 69,162.32 215806 7/17/07 449.00 215807 7/17/07 5,584.08 215808 7/17/07 736.57 215809 7/17/07 67.60 215810 7/17/07 215,896.74 215811 7/17/07 626.84 215812 7/17107 1,608.87 215813 7/17/07 115.00 215814 7/17/07 95.00 2 ROUNDS SEGOVIA SHANAHAN SIRCIIIE FINGERPRINT LAB, INC. SOUTIiWES'T SIGNAL SERVICE, INC. STARIECH COMPUTERS S W EEL' W A'IER AUTHORITY TETRA TECH ISG #1 'THIRD DEGREE COMMUNICATIONS TOPECO PRODUCTS US STERLING CAPITAL CORP VISTA PAINT WATERLINE TECIINOI.OGIES WESTFLEX INDIISTRIAl. WILLY'S ELECTRONIC SIJPPLY ZEFERINO BRODART XEROX CORPORATION ACOSTA AMA1ON.COM CREDIT AMERIC'AN RED CROSS -DEL NORTE AVILA BAKER & TAYLOR BARRON BEASLEY BE1.1. Bl IINDER BRAULIK BRODART BURCI1 CABRAL CAI.AVERAS COUNTY LIBRARY CAN TRILL CARI.A CAMPBELL LEHN ADV SUBSISTENCE/TRAVEL CONSULTANT - MIS REVIEW SUBSISTENCE/TRAVF.1, EXP LAB S1JPPI TES TRAFFIC SIGNAI, AND STREET LIGHTING MOP 61744 DIGITAL CAMERA STREET DIVISION WATER BILLS DEPOSIT'#1024 2112 N AVE TUITION: INTER & INTERROGTN MOP 463849 SCREWS, NUTS & BOLTS TRADE SETTLING 6/23-6/29/07 GRAFFITI PAINT CHEMICALS FOR MUNICIPAL. P001, MOP 463850 HOSE/HOSE ASSEMBLY MOP #45763 BATTERY DETECTOR SUBSISTENCE/TRAVE.I. FXP ADULT AND CHII.DREN'S BOOKS CHGS & OVERAGES FOR 8 XEROX TRAVEL. (AMERICORPS LSTA Y-4) BOOKS (LIT. SVCS. Y-4) EXPERT SVC (AMERICORPS CNCS Y-4) FXT'T;RT SERVICES (PRIME. TIME Y-3) INSTRUCTIONAL SUPPLIES (WOW) EXP. SVC'SJIRAVEL TRAVEL (AMERICORPS LSTA Y-4) TRAVEI. (AMERICORPS LSTA Y-4) !'RAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) MAT ERIALS & SUPPLIES (WOW) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) 215815 7/17/07 430.80 215816 7/17/07 350.00 215817 7/17/07 88.36 215818 7/17/07 812.36 215819 7/17/07 8,822.73 215820 7/17/07 761.96 215821 7/17/07 4,585.04 215822 7/17/07 275.00 215823 7/17/07 690.00 215824 7/17/07 346.17 215825 7/17/07 99.27 215826 7/17/07 1,252.31 215827 7/17/07 642.02 215828 7/17/07 206.08 215829 7/17/07 158.98 215830 7/17/07 626.84 215831 7/17/07 790.92 215832 7/17/07 91.43 215833 7/17/07 74.68 215834 7/17/07 303.87 215835 7/17/07 55.00 215836 7/17/07 250.00 215837 7/17/07 1,055.22 215838 7/17/07 89.88 215839 7/17/07 13.50 215840 7/17/07 529.56 215841 7/17/07 83.69 215842 7/17/07 56.95 215843 7/17/07 281.94 215844 7/17/07 166.25 215845 7/17/07 77.85 215846 7.'17/07 500.00 215847 7/17/07 122.01 215848 7/17/07 26.00 CARY HAWK CATHAY RETA CINGULAR WIRELESS CITY OF COMMERCE PUBLIC LIBRA CITY OF NATIONAL CITY COFFER CORPORATE EXPRESS DELSIED DEMIAN DETILLA DOZAL EMPIZO ESCONDIDO NIB] IC LIBRARY FANNING FRIENDS OF TIIE READ/SAN DIEGO GARCIA GIBSON GUENTF.R HANSEN LIBRARY SALES HARDIE HAYES HE.ME C PUBLIC LIBRARY HERNANI)LZ HOBBS HOLIDAY INN -CAPITOL PLAZA HOLIDAY INN-S.D. BAYSIDE HOYTINGOWA HI INTER {R JACQIJEI..YN BRINKLEY JARVIS JAWANDA JIME.NEZ-WATSON JONES KOWAI.CZYK TRAVEL (AMERICORPS LSTA Y-4) CONTRACT SVC (PRIME TIME Y-3) TEI.EPIIONE (WINGS) EXPERT SERVICES (LIT. INIT. XV) OUT-OF-STATE SALES TAX TRAVEL (AMERICORPS LSTA Y-4) MATERIALS & SUPPLIES (EVG) TRAVEL (AMERICORPS LSTA Y-4) TRAVEI, (LIT. INIT. XV) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (1.1'1'. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL. (AMERICORPS LSTA Y-4) 'TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) EXPERT SERVICES (PRIME. TIME Y-3) BOOKS FOR WOW MOBILE GRANT TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS I.S'I A Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) "CRAVE►. (AMERICORPS LSTA) 'CRAVE►. (LIT. INIT. XV) TRAVEL (AMERICORIS LSTA Y-4) TRAVEL (I.IT. INIT..XV) TRAVEL (LIT. INIT. XV) TRAVEI. (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL. (LIT. INIT. XV) EXPERT SERVICES (1.1T. INIT. XV) EXPERT SERVICES (PRIME TIME Y-3) 215849 7/17/07 201.30 215850 7/17/07 4,500.00 215851 7/17/07 76.89 215852 7/17/07 500.00 215853 7/17/07 175.52 215854 7/17/07 43.39 215855 7/17/07 1,207.70 215856 7/17/07 39.91 215857 7/17/07 120.28 215858 7/17/07 625.00 215859 7/17/07 361.91 215860 7/17/07 567.50 215861 7/17/07 353.60 215862 7/17/07 251.19 215863 7/17/07 810.00 215864 7/17/07 366.18 215865 7/17/07 3,375.00 215866 7/17/07 750.00 215867 7/17/07 1.962.93 215868 7/17/07 579.68 215869 7/17/07 129.32 215870 7/17,'07 500.00 215871 7/17/07 78.98 215872 7/17/07 54.62 215873 7/17/07 18,243.11 215874 7/17/07 2,226.58 215875 7/17/07 43.32 215876 7/17/07 96.03 215877 7/17/07 47.00 215878 7/17/07 97.00 215879 7/17/07 21.36 215880 7/17/07 94.77 215881 7/17/07 828.65 215882 7/17/07 750.00 4 L..ANG L,ASE.R SAVER, INC. LAWRENCE LEE LITERACYWORKS LOZIER LYNNE PRICE MANGER MARSITALL MATNLY MI{I)IA POSSE MIDWEST TAPE MILLER MOREY NUNEZ O'HARA OAKES OLIVER PATINO PAULISSEN PEARSON PEREA PROLITERACY AMERICA QUINTAL RATI 1 REINKE RICH ROBERTA PERRY & ASSOCIATES ROJAS ROSADO SANCHEZ SANDBERG SAYRE SCIITLDKRAI!T TRAVEL (AMERICORPS LSTA Y-4) OFFICE SUPPLIES (LIT. SVCS. Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL, (AMERICORPS LSTA Y-4) EXPERT SVC (AMERICORPS LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) DVDNIDEOSiPROCESSING SUPPLIES TRAVEL (AMERICORPS LS'l'A Y-4) TRAVEL (LIT. INIT. XV) TRAVET. (AMERICORPS LSTA Y-4) TRAVEL. (AMERICORPS LSTA Y-4) TRAVEL. (AMERICORPS LSTA Y-4) TRAVEL. (AMF.RIC.ORPS Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS I.STA Y-4) EXP. SVCS/TRAVEL TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) 'GRAVEL (AMERICORPS LSTA Y-4) "IRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (PRIME. TIME Y-3) TRAVEL (LIT. INIT. XV) 215883 7/17/07 86.42 215884 7/17/07 341.04 215885 7/17/07 91.60 215886 7/17/07 59.35 215887 7/17/07 54,685.00 215888 7/17/07 19.40 215889 7/17/07 99.97 215890 7/17107 366.63 215891 7/17/07 216.89 215892 7/17/07 67.08 215893 7/17/07 8,300.00 215894 7/17/07 653.37 215895 7/17/07 42.61 215896 7/17/07 120.28 215897 7/17/07 181.73 215898 7/17/07 750.89 215899 7/17/07 141.15 215900 7/1707 136.21 215901 7117/07 194.70 215902 7/17/07 113.97 215903 7/17/07 206.06 215904 7/17/07 31.66 215905 7/17/07 1,200.00 215906 7/17/07 64.93 215907 7/17/07 16537 215908 7/17/07 5,000.00 215909 7/17/07 91.90 215910 7/17/07 1,668.80 215911 7/17/07 91.25 215912 7/17/07 23.60 215913 7/17/07 247.27 215914 7117/07 39.23 215915 7/17/07 500.00 215916 7/17/07 58.00 SCHMIDT SCHWAR7.WAEI DER SCOTT SIIUMATE SILVA SINAVSKY SOLANO COUNTY LIBRARY SONG SPRINT STALIONS STERLING PUBLISHING CO., INC. SUGDEN T11E PATCIIWORK PLAYERS TI IEOBALL) THOMAS TURNER U.S. POSTMASTER VARGAS V EI'1'H WILDMAN WILLIAMS TRAVEL (AMERICORPS LSTA Y-4) TRAVEL. (AMERICORPS LSTA Y-4) TRAVEL. (AMERICORPS LSTA Y-4) 'RAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (PRIME TIME Y-3) 'I'RAVEL (LIT. INIT. XV) EXPERT SERVICES (LIT. [NIT. XV) TRAVEL (LIT. INIT. XV) TELEPHONE (WINGS) TRAVEL, (AMERICORPS LSTA Y-4) INSTR. SUPPLIES (LIT. SVC:S. Y-4) TRAVEL (LIT. INIT. XV) EXPERT SERVICES (LIT. SVCS. Y-4) TRAVEL (LIT. INIT. XV) TRAVEL. (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-41 POSTAGE "''RAVEL (LTI'. INIT. XV) "''RAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) 215917 7/17/07 337.57 215918 7/17/07 159.58 215919 7/17/07 272.95 215920 7/17/07 77.79 215921 7/17/07 750.00 215922 7/17/07 320.10 215923 7/17/07 500.00 215924 7/17/07 41.90 215925 7/17/07 28.97 215926 7/17/07 23.14 215927 7/17/07 1,765.97 215928 7/17/07 254.80 215929 7117107 2,200.00 215930 7/17/07 1,190.42 215931 7/17/07 14.00 215932 7/17/07 52.54 215933 7/17/07 1,922.43 215934 7/17/07 41.23 215935 7/17/07 387.06 215936 7/17/07 27.27 215937 7117/07 49.64 Tidal 580,411.00 Workers compensation checks 13350 7/11/07 113.91 13351 7/11/07 950.00 13352 7/11/07 902.62 13353 7/11/07 103.39 13354 7/11/07 101.26 13355 7/11/07 680.81 13356 7/11/07 422.18 13357 7/11/07 901.00 13358 7/11/07 56.93 13 359 711 1/07 136.24 13360 7/11/07 87.21 6 13361 7/11/07 484.70 13362 7/11!07 180.34 13363 7/11/07 375.00 13364 7/11/07 1,058.25 13365 7/11/07 642.90 13366 7/11/07 211.50 13367 7/11/07 162.60 13368 7/11/07 85.00 13369 7/11/07 1,418.98 13370 7/11/07 374.00 13371 7/11/07 27.16 13372 7/11/07 374.00 13373 7/11/07 1,260.00 13374 7/11/07 126.00 13375 7/11/07 504.13 13376 7/11/07 5,041.25 13377 7/11/07 1,380.00 13378 7/11/07 280.00 13379 7/11/07 440.00 Total 18,881.36 7btal 599,292.36 PAYROLL Pay pet tot) Start Date End Date Check Date 307 6/19/07 7/02/07 7/11/07 Total 825,210.03 GRAND TOTAL 1,424,502.39 7 City of National City Warrant Register # 3 7/17/2007 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 154 STATE PUBLIC LIBRARY FUND 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 282 REIMBURSABLE GRANTS CITYWIDE 285 EASY VOTER GUIDE II 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY•GRANTS 325 DEVELOPMENT IMPACT FEES 348 STATE GRANT 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 835,869.66 25,156.66 18,719.21 790.92 2,212.28 2,072.84 36,865.00 16,005.67 3,749.79 2,189.22 1,062.99 3,913.79 4,867.33 1,405.65 3,923.08 1,688.01 51,019.07 4,423.38 178.27 1,532.88 4,611.51 13,078.71 26,681.56 5,118.72 141,502.31 27,363.72 4,933.60 18,057.23 108,747.47 12,504.97 9,832.99 1,847.36 1,926.36 12,660.41 9,908.45 15.97 8,065.35 1,424,502.39 Certification IN ACCORDANCE WITII SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND 'I'O THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT'TIIE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR-CIIAIRMAN LUIS NA'I'IVIDAD, MEMBER FIDEI.F,S IINGAB, MEMBER FRANK PARRA, MEMBER ROSALIE ZARATE, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2IST OF AUGUST 2007. AYES NAYS ABSENT City of National City WARRANT REGISTER # 3 7/17/2007 PAYEE SIZZLER RESTAURANT fl45 SANDOVAL ADAMSON POLICE PRODUCTS ADDICTION MEDICINE CONSULTANT AFFORDABLE SERVICE APPLIANCES ALEXANDER'S LEGAL SEMINARS ASTRO MECHANICAL CONTRACTOR AT&T/MCI AT&T/MCI CAL EXPRESS CAL STATE LONG BEACI1 CALIFORNIA COMMERCIAL. SFCIJRI CHOICEPOINT CITY OF CIHULA VISTA CONSTRUCTION ELECTRONICS INC. CORNERSTONE LEADERSHIP CORPORATE EXPRESS CSAC EXCESS INSURANCE. Al1TIIORT D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEFRINCi INC D-MAX ENGINEERING INC DALEY & HEFT LLP DESCRIPTION ER FOOD PROCUREMENT PROGRAM ADV SUBSISTENCE - J SANDOVAL SAFETY VEST'S AND COVERS MEDICAL SERVICES REPAIRS, REPLACE WATER PUMP ALEXANDER'S REV /135 LABOR & MATERIALS TO REPAIR HVAC PIIONE 619 474-8857 PHONE 619 474 0623 5/1-6./4/07 JUNE BILLING TUI1ION/INT AFFAIRS INVESTIGTN MOP 45754 PIN NEUTER ILEAD DND DATABASE - ACCESS JUNE 07 SD CONSORTIUM TRNG MAINT CONTRACT • JUNE 07 M. M. 1... BOOKS ECONOMY CHAIR MAT WORKERS' COMP 7/1107-6/30/08 DEPOSIT//954 8T1l & I) AVE DEPOSIT#842 900 I. AVE DEPOSIT11930 CYPRESS GLEN CONDOS DEPOSIT4951 PARADISE WALK DEPOSIT41027 3030 PLAZA BONILA CLAIM: SCIIOOI. DISTR V C OF N C CHK NO DATE AMOIJN 215757 7/12/07 448.00 215758 7/16/07 607.55 215759 7/17/07 2,877.27 21576(1 7/17/07 49.50 215761 7/17/07 380.00 215762 7/17/07 38.40 215763 7/17/07 2,501.72 215764 7/17/07 50.36 215765 7/17/07 57.29 215766 7/17/07 92.20 215767 7/17/07 300.00 215768 7/17/07 31.54 215769 7/17/07 100.00 215770 7/17/07 2,225.00 215771 7/17/07 843.55 215772 7/17/07 135.60 215773 7/17/07 2,903.54 215774 7/17/07 84,444.00 215775 7/17/07 1,750.00 215776 7/1707 1,641.25 215777 7/17/07 1,527.50 215778 7/17/07 995S0 215779 7/17/07 757.50 215780 1/17/07 731.91 1 DELL MARKETING CORP DELTACARE (PM!) DEPARTMENT OF TRANSPORTATIO DIXIELINE LIMBER CO. DREW FORD ENTERPRISE GROI JP ENVIRONMENTAL I lEAI.TII COALIT L•'Xl'I/RIAN FIT TO WORK INC GRAINGER GTC SYSTEMS, INC. I1ARRIS & ASSOCIATES 11ORIZ.ON HEALTH EAI' IDENTIX INC. IKON OFFICE SOLUTIONS INDEPENDENT FORENSIC SERVICES INFRASTRUCTURE, ENGINEERING J3 PRO! )I JCTIONS JOHN DEERF. LANDSCAPES KREPPS LOPEZ MAINTEX, INC. METRO FIRE EQUIPMENT MINUTEMAN PRESS MJC CONSTRI ICTION NEXT DAY PRINTED TEES NEXUS INTEGRATED SOLUTIONS OIJCHI'S POWI!R 1::QIJIPMENT PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAMIREZ RED SEA ENTERPRISES RIVERSIDE COUNTY SI IL.RIFF DEPT RODRIGI JE7.. ENVIRONMENTAL FEE DENTAL INS 1'MI JUI.Y 2007 HIGHWAY LIGIITING FOR MAY 2007 MOP 45707 PROP SUPPLIES MOP #49078 COVER ASSEMBI.Y COPY PAPER CONTRACT WI ENV HEALTH-MAY07 CREDIT CHECKS FOR NEW PD EMP EXPERT & CONSULTANT SVCS MOP 7165179 TARPS, ROPE, TWINE. 139 HOURS GTC SERVICES JUNE 2007 SERVICES EMPLOYEE ASST I'ROG JULY'07 FINGERPRINT TEST SUBMISSION MAINTENTANCE ON DUPLICATOR SART EXAIviS DF.POSITt1950 PACIFIC VIEW ESTATES R EFI IND/STREEL (.T.OSIJRE EXP MOP #69277 LANDSCAPE. SUPPLIES REIMB/OAIRE SEMINAR TRANSLATION SVCS ON 5/15/07 JANITORIAL SUPPLIES SVC: FIRE EXTINGUISIIF.RS MOP 47939 PETTY CASII FORMS RETENTION/PARADISE CREEK PARK COUNCIL SHIRTS NEXUS IS MAC MOP #45740 EDGER & COIL ASSEMBLY MOP 45742 TOWEL BATI1 WI I1TE SERVICE PERIOD 07-07-3 INTERVIEW & INTERROGATION POLICE BADGE. SQUEEZE TOY TUITION/CRIMINAL INVEST BASIC REI MB/2007 PROMOTIONAL PANHI. 215781 7/17/07 1,930.52 215782 7/17/07 3,291.15 215783 7/17/07 2,572.11 215784 7/17/07 2,047.8_ 215785 7/17/07 3.58 215786 7/17/07 3,211.23 215787 7/17/07 5,141.18 215788 7/17/107 10.24 215789 7/17/07 375.00 215790 7/17/07 92.87 215791 7117/07 1,847.36 215792 7/17/07 825.00 215793 7117/07 841.30 215794 7./ 17/07 16.00 215795 7/17/07 12.5.00 215796 7/17/07 1,700.00 215797 7117107 1.1 18.60 15798 7/17/07 187.46 215799 7/17/07 140.6. 215800 7/17/07 91.57 215801 7/17/07 100.00 215802 7/17/07 3,070.15 21581) 7/17/07 212.06 215804 7/17/07 359.84 215805 7/17/07 69,162.32 215806 7/17/07 449.00 215807 7/17/07 5,584.08 215808 7/ I707 736.57 215809 7/17107 67.60 215810 7/17'07 215,896.7,1 215811 7/17107 626.84 215812 7/1707 1,608.87 215813 7/17 07 115.0n 215814 7/17/07 95.(� ROUNDS SEGOVIA SHANAHAN SIRCIIIE FINGERPRINT LA11, INC. SOUTHWEST SIGNAL SERVICE, INC. STARTECH COMPUTERS SWEETWATER Al1TI-IORITY TETRA TECH ISG #1 THIRD DEGREE COMMIJNICATIONS TOPECO PRODIJCTS US STERLING CAPITAL CORP VISTA PAINT WATT :RI .INI'. 'I'I;CI I NOLOGIES WPSTEI,EX INI)l1S'I'RIAI. WI1.I,Y'S ELECTRONIC SUPPI.Y LEFERINO BROI7ART XEROX CORPORATION ACOSTA AMAZON.COM CREDIT AMERICAN RED CROSS -DEL NORTE AVILA BAKER &'I'AYI.OR BARRON BEASLEY BELE MINDER )EIR BRAU1.JK BRODART BURC11 CABRAL CALAVERAS COUNTY LIBRARY CANTRILI. CARLA CAMPBELL LEHN ADV SUBSISTENCE/TRAVEL CONSULTANT - MIS REVIEW SUBSISTENCE/TRAVEL. EXP LAB SUPPLIES TRAFFIC SIGNAL AND STREET LIGHTING MOP 61744 DIGITAL, CAMERA STREET DIVISION WATER BILLS U1.POS1'1'#1024 2112 N AVE TUII'ION: INTER & INl'ERROGIN MOP /163849 SCREWS, NUTS & BOLTS TRADE SETTLING 6/23-6/29/07 GRAFFITI PAINT CHEMICALS FOR MUNICIPAL POOL MOP #63850 HOSE/HOSE ASSEMBLY MOP #45763 BATTERY DETECTOR SUBSISTENCE/TRAVEL. EXP ADULT AND CHILDREN'S BOOKS CHGS & OVERAGES FOR 8 XEROX TRAVEL (AMERICORPS LSTA Y-4) BOOKS (ITT. SVCS. Y-4) EXPERT SVC (AMERICORPS C:NCS Y-4) EXPERT SERVICES (PRIMA TIME. Y-11 INSTRUCTIONAL. SIJPPI.IES (WOW) EXP. SVCS./TRAVEL. TRAVEI. (AMFRICORPS LSTA Y-4) "TRAVEL. (AMERICORPS I.STA Y-4) TRAVEL. (AMERICORPS I.STA Y-4) TRAVEL. (AMERICORPS ES IA Y-4) MATERIALS & SI.IPI'I.IL:S (WOW) 1RAVEL (AMERICORPS 1.STA Y-4) TRAVEL, (AMERICORPS ISTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) 'TRAVEL (AMERICORPS LSTA Y-4) 215815 7/17/07 430.80 215816 7/17/07 350.00 215817 7/17/07 88.36 215818 7/17/07 812.36 215819 7/17/07 8,822.73 215820 7/17/07 761.96 215821 7/17/07 4,585.04 215822 7/17/07 275.00 215823 7/17/07 690.00 215824 7/17/07 346.17 215825 7/17/07 99.27 215826 7/17/07 1,252.31 215827 7/17/07 642.02 215828 717/07 206.08 215829 7/17/07 158.98 215830 7/17/07 626.84 215831 7117/07 790.92 215832 7117/07 91.43 215833 7/17/07 74.68 215834 7/17/07 303.87 215835 7/17/07 55.00 215836 7/17/07 250.00 215837 7/17/07 1,05522 215838 7/17/07 89.88 215839 7/17/07 13.50 215840 7117/07 529.56 215841 7/17/07 8"1.69 215842 7/17/07 56.95 215841 7/17/07 281.94 215844 7117107 166.25 215845 7/17/07 77.85 215846 7/17107 500.00 215847 7/17/07 122.01 215848 7/17/07 26.00 3 CARY HAWK CATHAY RETA CINGIJLAR WIRELESS CITY OF COMMERCE PUBLIC LIBRA CITY OF NATIONAL. CITY COFFER CORPORATE EXPRESS DELSIF?D DEMIAN DETILLA DOZAL. FMPIZO ESCONDIDO PUBLIC LIBRARY FANNING TRAVEL (AMERICORPS LSTA Y-4) CONTRACT SV(: (PRIME TIME Y-3) TELEPHONE (WINGS) EXPERT SERVICES (LIT. INIT. XV) OUT-OF-STATE SALES TAX TRAVEL (AMERICORPS LSTA Y-4) MATERIALS & SUPPLIES (EVG) TRAVEL. (AMERICORPS LSTA Y-4) "I RAVEL. (LIT. INIT. XV) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) FRIENDS OF THE READ'SAN DIF.GO TRAVEL (LF1'. INIT'. XV) GARCIA (3113SON GUENFER HANSEN LIBRARY SALES }IARDIE HAYES IIEMET PUBLIC: I.IRRARY HERNANDEZ HOBBS IIOLIDAY INN -CAPITOL. PLAZA 11O1.IDAY INN-S.I). RAYSIDE 11OYIJNGOWA HUNTER JACQUELYN BRINKLI.Y JARVIS JAWANI)A JIMENLL-WATSON JONES KOWAL('ZYK TRAVEL (AMERICORPS I.STA Y-4) EXPERT SERVICES (I.IT. INIT. XV) EXPERT SERVICES (PRIME TIME Y-3) 1300KS FOR WOW M0131LF. GRANT TRAM. (AMERICORPS LSTA Y-4) IRAVEI. (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL. (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA) TRAVEL, (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (LIT. INIT. XV) TRAVEL (LIT. [NIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL. (LEI. INIT. XV) EXPERT SERVICES (LIT. INIT. XV) EXPERT SERVICES (PRIME TIME Y••3) 215849 7/17/07 201.30 215850 7/17/07 4,500.00 215851 7/17/07 76.89 215852 7/17/07 500.0. 215853 7/17/07 175.52 215854 7/17/07 43.39 215855 7/17/07 1,207.70 215856 7117/07 39.91 215857 7/17/07 120.28 215858 7/17/07 625.00 215859 7/17/07 361.91 215860 7/17107 567.50 215861 7/17/07 353.60 215862 7/17/07 251.19 215863 7117/07 810.00 215864 7/17/07 366.18 215865 7/17/07 3,375.00 215866 7/17/07 750.00. 215867 7/ 17/07 1,962.5- 215868 7/17/07 579.68 215869 7/17/07 129.32 215870 7/17/07 500.00 215871 7/17/07 78.98 215872 7/17/07 54.62 215873 7117/07 18,243.11 215874 7/17/07 2,226.58 215875 7 17/07 43.32 215876 7117/07 96.03 215877 7/17/07 47.00 215878 7/ 17/07 97.00 215879 7/17/07 21.36 215880 7/17/07 94.77 215881 7/17/07 828.65-- 215882 7/17/07 750.u.. LANG LASER SAVER, INC. LAWRENCE LEE LITERACYWORKS I.O7IER LYNNE PRICE MANGER MARSHALL MATNEY MEDIA POSSE. MIDWEST TAPE MILLER MOREY NUNEZ O'HARA OAKES OLIVER PATINO PAULISSEN PEARSON PEREA PROLITERACY AMERICA QUINTAL RATH REINKE RICH ROBERTA PERRY & ASSOCIATES ROJAS ROSAI)O SANCIII•:7 SANDRERG SAYRE SCIIILDKRAI.FI 1RAVEL (AMERICORPS LSTA Y-4) OFFICE SUPPLIES (LIT. SVCS. Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SVC (AMERICORPS LSTA Y-4) TRAVEL (LLI'. INIT. XV) TRAVEI. (AMERICORPS LSTA Y-4) TRAVEI. (AMERICORPS LSTA Y-41 TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) DVD!VIDEOS/PROCESSING SUPPLIES TRAVEL (AMERICORPS LSTA Y-4) TRAVEI. (LIT. INIT. XV) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL_ (AMERICORPS I.STA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS I.STA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEI. (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (LIT. INIT. XV) TRAVEL (AMERICORPS I.STA Y-4) EXP. SVCS%TRAVEI. TRAVEI. (AMERICORPS I SI'A Y-4) TRAVEL (AMI•.Rl(i'ORI'S LSTA Y-4) TRAM. (AMLRICORPS LSTA Y-4) TRAVEI. (AMERICORPS LSTA Y-4) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (I..11. INIT. XV) 215883 7/17/07 86.42 215884 7/17/07 341.04 215885 7/17/07 91.60 215886 7/17/07 59.35 215887 7/17/07 54,685.00 215888 7/17/07 19.40 215889 7/17/07 99.97 215890 7/17/07 366.63 215891 7/17/07 216.89 215892 7/17/07 67.08 215893 7/17/07 8,300.00 215894 7/17/07 653.37 215895 7/17/07 42.61 215896 7/17/07 120.28 215897 7/17/07 181.73 215898 7/17/07 750.89 215899 7/17/07 141.15 215900 7/17/07 136.21 215901 7/17/07 194.70 215902 7/17/07 113.97 215903 7/17/07 206.06 215904 7/17/07 11.66 215905 7/17/07 1,200.00 215906 7/17/07 64.93 215907 7/17/07 165.37 215908 7/17/07 5,000.00 215909 7/ 17/07 91.90 215910 7/17/07 1,668.80 215911 7/17/07 91.25 215912 7/17/07 23.60 215913 7/17/07 247.27 215914 7/17/07 39.23 215915 7/17/07 500.00 215916 7/17/07 58.00 5 SCHMIDT SCHWARZWAI;LDER SCOT SHUMATE SILVA STNAVSKY SOLANO COUNTY LIBRARY SONG SPRINT STALIONS STERLING PUBLISHING CO., INC. SIIGDEN lIIF PATCHWORK PLAYERS TIIFOBALD lT LOMAS TURNER U.S. POSTMASTER VARGAS VEITH WILDMAN WILLIAMS TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) TRAVEL (AMERICORPS LSTA Y-4) EXPERT SERVICES (PRIME TIME Y-3) TRAVEL (LIT. INIT. XV) EXPERT SERVICES (I,IT. INIT. XV) IRAVF.I. (LIT. INIT. XV) TELEPIIONE (WINGS) TRAVEL (AMERICORPS LSTA Y-4) INSTR. SUPPLIES (LIT. SVCS. Y-4) TRAVEL (LIT. INIT. XV) I:XPFRT SERVICES (LIT. SVCS. Y-4) TRAVEL (LIT . INIT. XV) "TRAVEL (LIT. INIT. XV) TRAVEL. (AMERICORPS LSTA l'-4) POSTAGE. "l'RAVEI. (L.II'. INIT. XV) TRAVEL (AMERICORPS LSTA Y.4) TRAVI":1. (AMERICORPS LSTA Y-4) TRAVE.I, (AMERICORPS LSTA Y-4) 215917 7/17/07 337.57 215918 7/17/07 159.58 215919 7/17/07 272.95 215920 7/17/07 215921 7/17/07 750.00 215922 7/17/07 320.10 215923 7/17/07 500.00 215924 7117107 41.90 2 15925 7/17/07 28.97 215926 7/17/07 23.14 215927 7/17/07 1,765.97 21592X 7/17/07 254.80 215929 7/17/07 2,200.00 215930 7.'17/07 1,190.42 215931 7/17/07 14.00 215932 7/ 17/07 52.54 215933 7; 17/07 1,922.43 215934 7/17/07 41.23 215935 7/17/07 387.1, 215936 7i17/07 2727 215937 7/17/07 49.64 Total 580.411.00 Workers compensation checks 13350 7/11/07 113.91 13351 7/11/07 950.00 13352 7/11/07 902.62 13353 7/11/07 103.39 1335.1 7/11/07 101.26 13.355 7/11i07 680.81 13356 7/11/07 422.18 13357 711'07 901.00 13358 711/07 56.93 13359 7/11/07 136" 13360 7'11/07 87.21 6 13361 7/11/07 484.70 13362 7/11/07 180.34 13363 7111/07 375.00 13364 7/11/07 1,058.25 13365 7/11/07 642.90 13366 7/11/07 211.50 13367 7/11/07 162.60 13368 7/11/07 85.00 13369 7/11/07 1.418.98 13370 7/11/07 374.00 13371 7/11/07 27.16 13372 7/11/07 374.00 13373 7/11/07 1,260.00 13374 7/11/07 126.00 13375 7/11/07 504.13 13376 7/11/07 5,041.25 13377 7/11/07 1,380.00 13378 7/11/07 280.00 13379 7/11/07 440.00 Total 18,881.36 Total 599,292.36 PAYROIJ. Pay period Start Date 1'.nd Date Check Date 307 6/19/07 7/02/07 7/11/07 Total 825,210.03 GRAND TOTAL 1,424,502.39 City of National City, California COUNCIL AGENDA STATEMENT :ETING DATE August 21, 2007 AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER # 4 PREPARED BY DEPARTMENT D. Gallegos -Finance Finance EXPLANATION Jeanette La 41-24—) 619-3364330 Ratification of Warrant Register # 4 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved B Finance Director Account No. STAFF RECOMMENDATION I recommend ratificationofthese warrants for a total of $ 130,728.51 2 . 477)a_4(.44e,(/ BOARD / COMMISSION RECOM ENDATION ATTACHM-Wa ani IhhVECer i4ow ) 2. Workers Comp Warrant Register dated 7/18/07 Resolution No. A 200 i9 99: Paycc CROWNS PLAZA HOTEL HERRII.1. AMEDEIi RAITERY SPECIALTIES ROOT WORI.1) City of National City WARRANT REGISTER # 4 7/24/2007 Description chk no chk date amount TRAVF,1./TRAINING/CURIS ZAPATA VFB COi.1.l:C 1ION REFUND TRAVEIJMMASC CONFERENCE DRY C1'.1,1, BATTERIES MOI' 96490 SAFETY BOOTS/KIM J. (:Al IFORNIA COMMERCIAL SECUR MOP #45754 LOCK FOR TRANSIT DEPOT (:AI.IFORNIA POLICE CHIEFS' ( .IFORNIA POLICE CHIEFS' (:'ARQUIiSF AUTO PARTS C:ASTRO "FUR1S1MAS IN JULY ..14Y OF NATI(.)NAI. CITY CORI'ORAI I'" EXPRESS COI TNTY OF SAN DIEGO I) -MAX ENGINEERING INC D-MAX ENGINEERING INC. D-MAX ENGINEERING INC D-MAX ENGINEERING INC: D-MAX I{NGINEERIN(i INC DEPARTMENT OF JUSTICE DISCOUNT SCIHOOI. SUPPLY DIXIELINF. LUMBER CO. DREW FORD ENVIRONMENTAL IIAZARDS SERV F.SG!L C:ORPORAIION —"Gll. CORPORATION C.P.C.A. MEMBERSHIP INV8104 C.P.C.A. MEMBERSHIP INV111597 MOP #47557 DISC BRAKE PADS REFUND/SWIM CLASS CANCELL 1.1:AI.) I IAZARD - MAY/JUNE 07 1'I FI Y CASH REPLENISHMENT MOP 45704 OFFICE SUPPLIES ASSESSOR MAP PAGES JUNE 2007 SERVICES I )I1POSIT# 1 I09/CAROLINO HILLSIDE I )EPOST1711095/PLAZA CITY APMTS DEPOSITH908/PLAZA VILLAGE DEPOSII'tf930/CIPRESS CONDOS GOVERNMENT PURPOSES CRAFT SUPPLIES MOP 1445707 SMALL "TOOLS MOP #49078 CAP ASSEMBLY l.i•:AI) I)I.IST WIPES I'I.AN CIII•.CK SVCS JUN 2007 FIRE PLAN CHECK SRVC MAY'07 21591R 7/19/07 357.26 .215939 7/23107 119.00 215940 7/24/07 347.14 215941 7/24/07 160.98 215942 7/24/07 106.65 215943 7/24/07 96.03 215944 7/24/07 425.00 215945 7/24/07 75.00 215946 7/24/07 139.28 215947 7/24/07 60.00 215948 7/24/07 3,000.00 215949 7/24/07 1,400.78 215950 7/24/07 678.46 215951 7/24/07 8.00 215952 7/24/07 11,453.60 215953 704/07 1, I12.50 215954 7/24/07 1,057 .50 215955 7/24/07 862.50 215956 7/24/07 497.50 215957 7/24/07 256.00 215958 7/24107 1.325.28 215959 7/24/07 16192 215960 7/24/07 18 55 215961 7124/07 294 00 215962 7/24/07 8,756.26 )1.5961 7/24/07 375.00 1 City of National City WARRANT REGISTER # 4 7/24/2007 Payee ESGIL CORPORATION FEDEX FEDEX FREIGIIT FLEET SERVICES, INC G/M BUSINESS INTERIORS GIBBS GRAINGER IIYI)RO-SCAI'E PRODUCT'S INC. ICMA ICMA INFRASTRUCTURE ENGINEERING INTERNATIONAL CODE COUNCIL I JOBS AVAILABLE INC. KIWANIS CLUB OF NC KI,OS I..N. CI,'RTIS & SONS LASER SAVER INC LEXIS-NEXIS LIEBE.RT CASSIDY WHITMORE MAN K.-9 INC. MASON'S SAW & LAWNMOWER SR MORALEJA MORE DIRECT MSA 1 I1.T1-BANK SERVICES I. TD Mt iN07 NAPA AUIOPAIZTS Description FIRE PLAN CIIECK SVCS JUN 2007 FEDEX PRIORITY OVERNIGIII' MAIL EQUIPMENT MAINTENANCE MOP 067804 TRUCK/SUV BED LINER CHAIRS REIMB/WORK BOOTS PURCHASED SPILL BUDGET BASIN, 34 GALLONS MOP #45720 SPRAY VALVES MEMBERSHIP RENEWAL ICMA 2007 CONFERENCE DEPOSIT#973 H&H TOWNHOUSES RI.DG INSPECTION CERTIFICATION ADVERTISING/CITY I,IBR & C S D (TUB DUES MAY-JUN'07/GONZALES SUBSIS FENCE/TRAVEL PAYMENT WEARING APPAREL MOP 45725 HP 8100 COMPATIBLE ONLINE CHARGES FOR JUNE 2007 LEGAL SERVICES MAINTENANCE TRAINING - JUNE 07 MOP #45729 TRIMMER HEADS REFIJND/INCIDENT REQUESTED INV#I314665 DIGITAL CAMERA MEMBERSHIP RENE.WAI. FFF. TRADE SETTLING CI LARGES CLAIM: MUNOZ CARLOS V CNC MOP45735 SOCKE'I7BRAKE HOLDERS chk no chk date amount 215964 7/24/07 150.00 215965 7/24/07 21.00 215966 7/24/07 69.00 215967 7/24/07 79.41 215968 7/24/07 2,994.15 215969 7/24/07 125.00 215970 7/24/07 202.47 215971 7/24/07 840.19 215972 7/24/07 2,328.00 215973 7/24/07 1,150.00 215974 7/24/07 302.98 215975 7/24/07 264.53 - 215976 7/24/07 465.20 215977 7/24/07 134.00 215978 7/24/07 780.17 215979 7/24/07 8,109.27 215980 7/24/07 92.43 215981 7/24/07 378.29 215982 7/24/07 1.300.00 215983 7/24/07 800.00 215984 7/24/07 169.70 215985 7/24/07 6.00 215986 7/24/07 1,199.52 215987 7/.24/07 210.00 215988 7/24/07 297.81 215989 7/24/07 189.40 215990 7/24/07 109.31 Pavee NATIONAL. CITY 1)P"I'AII. SHOP PENINSULA LIBRARY SYSTEM PERRY FORD PRUDENTIAL OVERALL. SI IPI'I.Y S D POLICE CHIEFS AND SAINT. SDG&E SMART & FINAL SOLANA CENTER souJTIIF.RN CALIF TRIJCK STOP STATE.. COMPENSATION INS FUND ."TRAT'ACOM SW E.ETW AT'ER AUTHORITY TAKE CIIARGE FITNESS TAKE CIIARGE FITNESS TAKE CI IARGE FITNESS TARGET SPECIALTY PRODUCTS THE LIGHTHOUSE, THE LOCAL GOVERNMT COMMISSI TIIE SAN DIEGO UNION -TRIBUNE 1'HE SAN DIEGO UNION - RIB,ft. E U.S. 1 IL{AL: LHWORKS I TNDERGROUND SERV ALERT UNION TRIIBI JNE PUBLISHING CO VIDEO ADVISORS LLC City of National City WARRANT REGISTER # 4 7/24/2007 Description MOP #45737 AUTO 1.)L FAI1.'00 FORD WORKSHOP/SURVIVAL SPANISH MOP #45703 REKEY LOCKS MOP 45742 LAUNDRY & CLEANING ANNUAL MEMBERSHIP/GONZALES A RF.IMB FOR ICC COMM BI,IKI EXAM STR14 'I' DIVISION MOP 45756 SUPPLIES RECYCLED ITEMS PER DEP I MOP #45758 PROPANE. CLAIM/ADMINIST-LITIGATION SRVC MOT' 63845 PRINTING &. IIINDING FA(111.11'I'ES DIVISION GROUP FITNESS INSTRN 6/27/07 GROUP FITNESS INSTRN 7/04/07 GROI IP FITNESS INSTIL 7/11/07 SEMINAR REGISTRATION/DON ) MOT' #45726 LIGI-ITIiFA[ & MOUNT Krt' RI?VITLZNG OLDR SUBURBS BOOKS S D UNION TRIBI INE RENEWAL. SU MMER CONCERT ON 06/02/07 MEDICAL SERVICE: UNDERGROUND SVC ALERT CH(iS ADVERTISING/MIS MANAGER REGISTRATION/FRANK KLOS Vorkers compensation checks chk no 215991 215992 215993 215994 215995 215996 215997 215998 215999 216000 )16001 216002 216003 216004 216005 216006 216007 216008 216009 216010 216011 216012 216011 216014 216015 Total chk date amount 7/24/07 345.00 7/24/07 75.00 7/24/07 1,666.34 7/24'07 426.47 7/24/07 350.00 7/24/07 170.00 724/07 29,119.58 724 /07 19.34 7/24/07 946.25 7124/07 44.04 7/24/07 6,899.81 7/24/07 295.59 7724/07 19,1 39.60 7/24/07 140.00 7/24 %07 140.00 7/24/07 140.00 7/24/07 80.00 7/24/07 631.95 724/07 5.03 7/24/07 190.76 7'24 /07 126.60 7/24/07 100.00 7/24/07 208.00 7/24/07 375.00 7/24/07 1,995.00 City of National City WARRANT REGISTER # 4 7/24/2007 Payee Description chk no chk date amount 13380 7/18/07 10.79 13381 7/18/07 63.57 1.3382 7/18/07 13.60 13383 7/18/07 148.84 13384 7/18/07 12.67 13385 7/18/07 40.77 13386 7/18/07 42.02 13387 7/18/07 416.27 13388 7/18/07 89.57 13389 7/18/07 200.00 13390 7/18/07 1,058.25 13391 7/18/07 1,174.25 13392 7/18/07 400.00 13393 7/18/07 440.00 13394 7/18/07 187.00 13395 7/18/07 21.22 13396 7/18/07 4,116.25 13397 7/18/07 2,105.71 13398 7/18/07 32.30 13399 7/18/07 14.55 13400 7/18/07 400.00 Total $ 10,987.63 4 City of National City WARRANT REGISTER # 4 7/24/2007 Payee Description chk no chk date amount Grand Total 130,728.51 City of National City WARRANT REGISTER #4 7/24/2007 001 GENERAI. FUND 52,962.52 104 LIBRARY FUND 75.00 105 PARKS MAINTENANCE FUND 1,087.69 I 1 I P.O.S.T. FUND 823.67 120 PLAN CHECKING REVOLVING FUND 9,281.26 125 SEWER SERVICE FUND 11,852.38 136 TINY TOT CLASSES FUND 1,325.28 I58 SWIMMING POOL REVOLVING FUND 60.00 172 TRASH RATE STABILIZATION FUND 3,940.40 254 I.EAD-BASED PAINT HAZARD REDUCTION GRANT 3,294.00 301 GRANT-C.D.B.G. 1,008.39 302 CDC PAYMENTS 100.00 626 FACILITIES MAINT FUND 19,381.22 627 LIABILITY INS. FUND 18,076.84 628 GENERAL SERVICES FUND 189.78 632 GFNFRAL ACCOUNTING SERVICES 29.99 643 MOTOR VEIIICI.E SVC FUND 3,207.11 726 ENGINEERING/PUBLIC WORKS T&A DEPOSITS 4,032.98 TOTAL 130,728.51 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE THEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. NCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LIJIS NA'I'IVIDAD, MEMBER FIDELES UNGAB, MEMBER FRANK PARRA, MEMBER ROSALIE ZARATE, MEMBER 1 HEREBY CERTIFY TILAT'I'HE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON TIDE 21ST OF AUGUST 2007. AYES NAYS ABSENT Payee C:ROWNE PLAZA HOTEL Ill'1(I:ILL AMF.1)EF BAIT I/RY SPECIALTIES BOOT WORLD CALIFORNIA COMMERCIAL. SFCIJR CALIFORNIA POLICE CHIEFS' CALIFORNIA POLICE CHIEFS' CARQI JEST AUTO PARTS CAS[RO IFRISTMAS IN.IULY CITY OF NA•I IONAL CITY CORPORATE EXPRESS COUNTY OF SAN DIEGO D-MAX ENGINEERING [NC D-MAX ENGINEERING INC D-MAX ENGINEERING INC 1.) MAX ENGINEERING INC D.M:AX F:NGINEI:RING INC DEPAR (MINT OF JUSTICE. DISCOUNT SCHOOL SUPPLY I)IXIFL[NE LUMBER CO. DREW FORD ENVIRONMENTAL IIAZARDS SERV I- G(l. CORPORATION .•S(;1I- CORPORATION City of National City WARRANT REGIS"I'ER /t 4 7/24/2007 Descrjriion chk no chk date amount TRAVEIffRAINING/CI(RIS ZAPATA FTB COLLECTION REFUNI ) TRAVEL/MMASC CONFERENCE DRY CELL BATTERIES MOP 96490 SAFETY BOOTS/KIM J. MOP /145754 LOCK FOR TRANSIT DEPOT C.P.C.A. MEMBERSHIP INVl104 C.P.C.A. MEMI3I RSIIIP [NV111597 MOT' 447557 DISC BRAKE PADS REFUND/SWIM CLASS CANCEL!. LEAD HAZARD - MAY/JIJNE 07 PETTY CASH REPLENISHMENT MOP 45704 OFFICE SUPPLIES ASSESSOR MAP PAGES JUNE 2007 SERVICES DEI'OSIT#I I09/CAROLINO HILLSIDE DEI'OSITJ# 1095/PLAZA CITY APM FS DEP(7SIT#908/PLAZA V ILLAGE. DEPOSIl/i930/CIPRESS CONDOS GOVERNMENT PURPOSES CRAFT SUPPLIES MOI' J:45707 SNL\LI. TOOLS MOP ft49078 CAP ASSEMBLY LEAD DUST WIPES PLAN CHECK SVCS JUN 2007 FIRE PLAN CHECK SRVC MAY'117 215938 7/19/07 357.26 215939 7/23/07 119.00 215940 7/24/07 347.14 215941 7/24/07 160.98 215942 7/24/07 106.65 215943 7/24/07 96.03 215944 7/24107 425.00 215945 7124/07 75.00 215946 7/24/07 139.28 215947 7/2.4/07 60.00 215948 7/24/07 3,000.0( 215949 7124/07 1,400.78 215950 712.4/07 678.16 215951 7i24/07 8.00 215952 7/24/07 11,453.60 215953 7/24/07 1,31250 215954 7/24/07 1,057.50 215955 7/24/07 862.50 2.15956 7/24/07 497.50 215952 7/24/07 256.00 215958 7/24/07 1..125.28 215959 1/24/07 161 97. 215960 /174/07 18.55 215961 7124/07 294.00 215962. 7/2407 8,756.26 215963 7/24/07 175.0: Payee NATIONAL CITY DETAIL. SIfOP PENINSULA LIBRARY SYSTL:MM PERRY FORI) PRIJDFN IA1, OVERAl.L. SUPPLY S D POLICE. CHIEFS AND SAINT SI)(1tF. SMART & FINAL SC)I.ANA CENTER SOIJT111 RN C:A1.l1- TRUCK STOP STATE. COMPFNSA I ION INS FUND .ATACON1 SWEETWATI?R AIPTDORPIY TAKE CHARGE FITNI•SS TAKE CHARGE. FITNESS TAKE CHARGE FITNESS 'LARGER SPECIALTY PRODUCTS THE LIGHTHOUSE, INC. City of National City WARRANT REGISTER t/ 4 7/24/2007 Description MOP 1145737 AUTO DETAIL '00 FORT) WORKSHOP/Sl JR V I VAI . SPAN ISH MOP 445703 REK.LY LOCKS MOP 45742 LAUNDRY & CLEANING ANNUAL: MEM13ERSHIR'GONZALES A RE!M13 FOR ICC COMM BLDG EXAM STREET DIVISION MOP 45756 SUPPLIES RECYCLED ITEMS PER DEPT MOP /145758 PROPANE CLAIM/ADMINIST LITIGATION SRVC MOP 63845 PRINTING & BINDING FACH.III'F:S DIVISION GROUT' FTINLSS INSTRN 6/27107 GROUT' FITNESS INSTRN 7/04%07 GROI11' FITNESS INSTRN 7/11/07 SEMINAR REGISTRATION/DON 1 MOT' 445776 L.IGHTHEAD & MOUNT KIT THE LOCAL. GOVERNMT COMMISSI RFVITI✓N(-; (.)f.DR SUBURBS BOOKS THE SAN DIEGO UNION TRIBUNE THE SAN IMEGO UNION -TRIBUNE U.S !II.A1:IIIWORKS UNDERGROUND SERV ALERT UNION TRIBUTE PUBI"ISI IING CO VIDEO ADVISORS 1.1.0 S D UNION'IRIBUNE RENEWAI. SO MMER CONCERT ON 06'07/07 MEDICAL SERVICE IJNDERGRO( JND SVC ALERT CHGS ADVERTISING/MIS MANAGER REGISTRATION/FRANK KLOS .h'orkcrs compensation checks chk no chi( date amount 215991 7/24/07 345.00 215992 7/24/07 75.00 215993 7/24/07 1,666-34 215994 7/24/07 426.41 215995 7/24/07 350.00 215996 7/24/07 170.00 215997 7/24/07 29.119.58 215998 7/24/07 19.34 215999 7/2.1/07 946.25 216000 7/24/07 44.04 216001 7/2.1/07 6,899.81 216002 7/2•1/07 295.59 216003 7/24/07 19,139.60 216004 7/24/07 140.00 216005 7/24/07 140.00 216006 04107 140.00 216007 7/24107 80.00 216008 7/24/07 631.95 216009 7/24/07 5.03 216010 7/21/07 190.76 216011 7/24/07 126 60 216012 7/24/07 100.00 216013 7/24/07 208.00 216014 7/24/07 375.00 116015 7/24/07 1,995.00 Total $ 119,74(1.88 3 City of National City WARRANT REGISTER # 4 7/24/2007 Payee Description chk no chk dale amount Grand 'Total 130,728.51 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 13 (ITEM TITLE Public Hearing for a Tentative Subdivision Map and Conditional Use Permit for 22 Residential Condominium Units With Exceptions for Less Than Required Setbacks and Building Separation on an Approximately One Acre Vacant Site Bordered by East 8th Street and Harbison Avenue (Applicant: Joseph Bendah, for Nationwide Enterprise, Inc.) (Case File No. 2007-24 S, CUP) PREPARED BY Angela Reeder,036-4310 DEPARTMENT Planning EXPLANATION The attached proposal involves a 22-unit residential condominium project on a sloping, vacant lot on E. 8th Street. Seven (7) of the proposed units are detached with private two -car garages and gain access from a driveway from 8th Street. The remaining 15 units on the south side of the lot arc also detached, but are situated on top of a large, one-story parking structure where the remaining resident and guest parking is provided. The entrance to the parking structure is from Iarbison Avenue, and three stairwells and an elevator provide access to the units above. The project includes a mix of two and three-story homes, ranging from 1,573 — 2,126 square feet in size. Adjacent uses include an abutting restaurant (Church's Chicken), a mix of commercial and residential along 8th Street, single-family homes across Harbison Avenue, and single-family homes immediately adjacent to the south. With the two-story units above the parking structure, the project will appear to be three -stories when viewed from these homes, which sit 6-10 feet below the project elevation. Enhanced landscaping is intended to help soften that side of the project. The Planning Commission held a public hearing on this item at their August 6, 2007 meeting and considered the application and all public comment received. The attached background report describes the development proposal in more detail. Environmental Review Financial Statement N/A NIA Exempt Approved By: Finance Director Account No. STAFF RECOMMENDATION t2 Staff concurs with the decision of the Planning l annn ing Commission. BOARD / COMMISSION RECOMMENDATION Planning Commission recommends approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes- DeLaPaz, Reynolds, Flores, Pruitt, Baca, Carrillo Absent- Alvarado rATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Location Map 6. Exemption 2. Planning Commission Reso. No. 44-2007 4. Department/Agency Comments 7. Applicant's Plans (Exhibits A & B) Including Findings & Conditions of Approval 5. 2 Public Comment Letters A•200 (9/99) BACKGROUND REPORT The proposed project location is an approximately one -acre, L-shaped site within the Limited Commercial (CL) Zone, which consists of three parcels. The site is situated adjacent to a restaurant, Church's Chicken, at the comer of East 8`h Street and Harbison Avenue and includes frontage on each of these streets (sec attached Location Map). The site is currently vacant with disturbed, nonnative vegetation. The property slopes approximately 15 feet from 8th Street towards the southern property boundary. Surrounding uses include a mixture of single-family residences and commercial uses to the north, east, and west, and single-family residences to the south. PROPOSAL The applicant proposes to construct 22 residential condominiums: seven units, with attached garages on the northern portion of the property and fifteen units on the southern portion above a shared parking structure. The applicant proposes to construct three plan types. Specific details of the three different plan styles are shown below: Plan Type Plan A (7 units) Plan B (9 units) Plan C (6 units) Height Bathrooms 2-story, with 2-car garage 2-story, above parking structure 3-story, above parking structure Size Bedrooms 2,126 sq. ft. 4 1,573 sq. ft., 3 2,044 sq. ft. 3 The applicant has requested several exceptions to allow for the subdivision as proposed: 4 3 3 1) A reduced building separation of 4 inches to 4 feet where the Code requires ten feet; 2) A reduced front yard setback along 8th Street of 18 feet where 20 feet is required; and 3) Reduced side yard setbacks of five feet where 10 to 15 feet is required. ANALYSIS The proposed development results in a project density of 22.7 units per acre consistent with the General Plan density of 22.9 units per acre allowed for multi -family residential development. The proposed residential infill development and creation of new home ownership opportunities are also consistent with General Plan policy objectives. The new construction will also provide quality housing with unit sizes suitable for families (e.g. three to four bedroom units). The seven (7) units facing East 8"' Street would be provided access from a private drive at the northwest comer of the lot. Each of these units consists of two floors above the below 1 of 44 2007-24 S, CUP: Hilltop View Homes Page 1 of 5 grade garage (Plan A design). Four of the units front on East 8th Street and three units face south towards the interior of the property. The units facing 8th Street include small gated yards and individual walkways to the public sidewalk. Each unit contains an attached, private 2-car garage. While the units are detached, there is only three feet of separation between the buildings and therefore no usable side yards. The remaining fifteen (15) units are proposed along the southern portion of the property above a parking structure with access provided from Harbison Avenue. The parking garage contains 40 parking spaces, 30 reserved for residents and 10 for guests, three stairwells, an elevator, and 26 storage rooms for use by the residents and Homeowners Association. The structure will be constructed into the slope with open areas on the southern side. The 15 units above the parking structure would be constructed in two rows facing an internal courtyard ranging from 13 to 15 feet wide. The units along the southern side of the parking structure include nine (9) two-story units (Plan B) whose parking is provided within the parking structure below. These units appear to be grouped into three buildings, each containing three individual units. However, the individual units within each group are separated by approximately 4 inches of airspace, resulting in nine technically detached homes. Each group of three units is separated by a three-foot space. Since these units are situated above the parking structure, there are no rear yards. However, each contains a 96 square foot balcony overlooking the southern property line. The row of homes opposite the Plan B units and across the courtyard, include six (6), three- story Plan C units. Each of these units is separated by a four -foot space, except for two which only have four inches of airspace between them. These units each are proposed to have three small balconies, as well as a rear patio and yard area. Parking for the Plan C units is also in the structure below. The proposed development meets or exceeds Land Use Code requirements for on -site parking, minimum unit sizes, and usable open space. However, the applicant is requesting an exception from setbacks and building separation requirements. The following table identifies several design regulations that apply to the site, along with the three areas where the applicant is requesting exceptions: front setback, side setbacks, and building separation. Front Setback Side Setbacks (based on b dg height) Parking Spaces Usable Open Area (square feet) Building Separation Two- story Three- story Resident Guest Total Compton Open Space Private Open Space Between units Other Required 20ft loft 15ft 44 11 6,600 SF 1,650 SF* 1,020 SF* 10 ft 15ft Proposed 18ft 5 ft (garage only) 5-12 ft 44 10 + 1 off -site 8,041 SF 5,304 SF 2,737 SF 4 in. to 3ft 13ft *minimums of each category required; combined private plus common must meet 6,600 sq. ft. 2007-24 S, CUP: Hilltop View Homes Page 2 of 5 2 of 44 Each of the requested exceptions is discussed below: 1) A reduced building separation of 4 inches to 4 feet, where the Code requires 10 feet The request to reduce the building separation to 4 inches would result in an appearance that the units are attached, typical of condominium development. The Uniform Building Code (UBC) would require construction of one -hour fire walls and the Uniform Fire Code would not permit any windows or openings along the interior walls. The requested 3 and 4-foot building separation reduction can also be constructed will also require that there be no openings on the facing walls. As such, the project results in narrow walkways with little light or air ventilation, due to the 2 and 3-story homes on either side, and in areas which can be difficult for the Homeowners Association to maintain. While the separation can create a perception of detached units, no other benefits are readily apparent. 2) A reduced front yard setback along 81° Street of 18 feet where 20 feet is required The request to reduce the setback from 20 feet to 18 feet along East 8th Avenue is minimal and would result in a continuation of the existing setback pattern along 8th Street, as encouraged by City Design Guidelines. 3) Reduced side yard setbacks of five feet where 10 to 15 feet is required The request would reduce the setback to five feet along the eastern and western portions of the site to accommodate the parking structure. The reduced setbacks potentially would impact the adjacent property as the three story structure would appear bulky and inconsistent with surrounding development. The reduced setback along the southem property line may be result in less of an impact to the adjacent properties since the units would be stepped back from. the edge of the parking structure. This would reduce the appearance of a large, imposing wall and allows for additional landscaping or screening adjacent to the units to soften the structure. Architectural Design The architecture of the development incorporates several desirable features encouraged by City Design Guidelines. All of the units would be similar in style with concrete tile roofs, stucco exteriors, metal trim accents, and some decorative trellis features. The interior units would not provide windows on the sides of the units, while the units facing the exterior of the project site would provide windows and architectural details. The buildings have a reasonable amount of wall plane variation and aesthetically pleasing details, such as arched openings, trellis and landscaping details, and accent trim. The Plan A units each would contain a two -car garage and a front enclosed courtyard. Plans B and C incorporate patios and balconies, which enhance the exteriors. Landscaping and Open Space While the project technically exceeds the required open space for the units proposed, including approximately 8,040 square feet of open space, where the Land Use Code requires 3 of 49 2007-24 S, CUP: Hilltop View Homes Page 3 of 5 6,600 square feet (summary provided on applicant's site plan is not accurate), areas available for common landscaping are primarily around the perimeter of the development with only minor landscaping on top of the parking structure. The landscaping is proposed to contain a variety of trees, shrubs, vines, and groundcover. Small landscape planters are also proposed along the northern driveway between the individual garage entrances. The proposed open space is comprised of the following: • An 1,800 square foot play yard with a rubberized surface play area, play equipment, 2 picnic tables, 2 barbeques, 2 benches, and a sand box. • Approximately 124 square feet of private open space provided per unit, where 47 square feet is required on average. • Approximately 3,024 square feet of common usable open space is provided above the parking structure. As 15 of the units are situated above the parking structure, the applicant has worked with staff to enhance this area with decorative paving, landscaping planters, seating areas, and amenities such as fountains. The landscaping and enhanced paving in this area is essential, since the patios are constructed above the concrete structure. The project would provide limited landscape screening along the western boundary. A 3- foot landscape strip and the 6-foot wrought iron perimeter fence are proposed along the property boundary. Additionally, headlights from the vehicles entering/exiting the private driveway from East 8th Street would shine on the existing residential properties to the west. A condition has been included to require enhanced, mature landscaping or an alternative fence material to reduce the potential for light and glare. The 10 foot setback area along the southern property line is accessible only from the sidewalk along Harbison Avenue or from within the parking garage since it is constrained at either end by landscape planters. The HOA would be required to maintain, however if left open the area would allow for the potential of undesirable or uncontrolled activity. To reduce this potential activity, a Condition of Approval has been added requiring this area be gated from Harbison Avenue. Trash Collection EDCO, the local solid waste provider, cannot provide individual trash service for each of the units due to the limited access for trash trucks within the parking structure. The applicant proposes to install several trash enclosures on site. Two enclosures would provide trash service to the northern units fronting East 8`h Street. These would be installed adjacent to the play area. Trash service for the southern units would be provided with two structures located in the parking structure utilizing a trash chute from the upper level of the parking structure. This would allow residents to drop waste into the dumpsters below. 4 of 44 2007-24 S, CUP: Hilltop View Homes Page 4 of 5 Trash collection vehicles can enter and turn around on the northern portion of the site from East 8th Street. The proposed trash enclosures within the parking structure along Harbison Avenue have raised concerns about the ability to service the containers. It would be necessary for the trash collection vehicles to stop along a steep grade on Harbison Avenue to remove and empty the containers from the parking garage. As a result, a Condition of Approval has been added requiring the applicant to provide a letter from EDCO assuring that the site can be accommodated as proposed. A Condition has also been included requiring that the proposed trash enclosures meet City standards and finished to complement the proposed buildings on -site. All recommended Conditions of Approval are attached to this report, including standard Planning, Engineering, and Fire Department comments, as well as those mentioned above. The Engineering Department conditions require street improvements including curbs, gutters, and sidewalks, a SUSMP (stormwater plan), and on -site utility undergrounding. In addition, Sweetwater Authority comments indicate that the existing service line on -site will not satisfy the project requirements and on -site improvements will be needed; however, larger water mains exist in East 8th Street and Harbison Avenue adjacent to the project to provide service. Planning Commission held a public hearing on this proposal August 6, 2007. The applicant spoke on behalf of their project, and two (2) neighboring residents spoke about the project and their concerns regarding increased traffic, left turns into and out of the project, and the need for a crosswalk across Harbison Avenue adjacent to the site. The Commission voted to add a condition requiring the applicant work with the City Traffic Engineer to determine the appropriate traffic controls for the proposed project, and recommend approval of the proposal, finding the creation of 22 residential condominium units consistent with the General Plan and a benefit to the residents of the City. 5 of 44 2007-24 S, CUP: hilltop View Homes Page 5 of 5 RESOLUTION NO. 44-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NA'I'IONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 22 RESIDENTIAL CONDOMINIUM UNITS WITH EXCEPTIONS FOR LESS THAN REQUIRED SETBACKS AND BUILDING SEPARATION ON AN APPROXIMATELY ONE ACRE VACANT SITE WHICH BORDERS EAST 81'H STREET AND HARBISON AVENUE. APPLICANT: JOSEPH BENDAH. CASE FILE NO. 2007-24 S, CUP WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site which borders Fast 8th Street and Harbison Avenue on property generally described as: Parcel A, the westerly 50 feet; Parcel B the easterly 96 feet of the westerly 146.00 feet; and Parcel C that portion of Quarter Section 106 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on August 6, 2007, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-24 S, CUP, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 6, 2007, support the following findings: 6 of 44 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since thc proposed multi -family residential development, at a density of 22.7 units per acre, is consistent with the uses and density, 22.9 units per acre, permitted in the Limited Commercial (CL) Zone, the proposal adds infill development suitable for families as described in the report, and since there is no specific plan applicable to the property. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the two- and three-story units will buffer an established single-family neighborhood adjacent to the east from existing and approved institutional development along E. 8th Street, and since site improvements will ensure adequate driveway access to each unit. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no native habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services and improvements will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of thc property within the proposed subdivision, since no easements are known to exist on the site and any easements located on the site will be relocated prior to map recordation. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to thc extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 7 of 44 RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the L- shaped 0.96 acre property can accommodate development of 22 two- and three-story townhouses with on -site parking, ten on -site guest parking spaces, private access driveways, and common landscape areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since nearby local residential streets, Harbison Avenue, and the major collector, E. 8th Street, all have sufficient capacity to handle the additional average daily trips without suffering a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the unit design is compatible with the adjacent residential and commercial development, and enhanced landscaping will screen the proposed development from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for the adjacent hospital workforce population as well as moderate and middle income families, allowing for mobility in the housing market. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR SETBACKS AND BUILDING SEPARATION 1. Due to the slope of the parcel that restricts development of multi -family development on the property, the strict application of Title 18, Land Use Code in regard to building setbacks deprives the property owner with the ability to develop the property to accommodate required parking and adequate housing units that incorporate principles of the City's Design Guidelines. 2. The requested exceptions are subject to such conditions which will assure that the reduced setbacks authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since nearby development have similar setbacks. 3. The requested exception for reduced building separation does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since multi -family development is a permitted use in the Commercial Limited, CL, zone and since the proposed development would appear as typical condominium units whereas each unit would be detached structures. 8 of 44 BE 1'1' FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Conditional Use Permit for 22 residential condominium units with exceptions for less than required setbacks and building separation on an approximately one acre vacant site which borders East 8th Street and Harbison Avenue subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the development of 22 condominiums for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B, and C, Case File no. 2007-24 S, CUP dated 7/18/2007. 2. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, 24" box specimen trees along the south property line and along the west property line beside the driveway from 8th Street to reduce noise and glare on adjacent properties, enhanced decorative paving for the patios and courtyards, and a wrought iron fencing for the area south of the parking garage with locked, gated access. 3. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agieciuent. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 4. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 5. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the 2004 California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Provide a color board attached to project elevations for review and approval by the Planning Department prior to submittal of building permits. 8. The applicant shall provide documentation from the local trash service provider, EDCO, that service can be safely accommodated as proposed, prior to the issuance of any building 9 of 44 permits. Any exterior trash enclosures shall be provided in accordance with city standards and shall include stucco finish and a solid roof to match the buildings. 9_ Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 10. 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. 11. 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) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 12. 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 approvedSWPPP will be required prior to issuing of a construction permit. 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 15. 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 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. 16. A sewer permit and fees will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10 of 44 l7. 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. 18. The deteriorated portions of the existing street improvements (sidewalk 10') along the property frontages shall be removed and replaced. 19. 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. 20. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 146') shall be constructed. Abandoned driveway aprons (20') shall be replaced with curb, gutter and sidewalks. 21. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing casements and the ownership at thc property. 22. 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. 23. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 24. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, thc developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 25. 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. 26. All utility distribution facilities within the boundaries of thc subdivision, and within the half street abutting the new subdivision, shall be placed underground 2 poles. 27. The final map shall be recorded prior to issuance of any building permit. 28. All new property line survey monuments shall be set on private property, unless otherwise approved. 29. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of thc system. The angle of grid divergence from a true meridian, and the north point shall appear on the 11 of 44 map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 30. The applicant must provide a Standard Urban Storm Water Mitigation Plan (SUSMP) that provides Site Design, Source Control and Treatment Control Best Management Practices, which are in compliance with the City SUSMP Ordinance to the Engineering Department. 31. Any new water services installed to serve the proposed project will require the installation of back -flow prevention assemblies, and water meters cannot be located within three (3) feet of the edge of the driveway apron. 32. The project shall be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at the time of permit issuance and the most current National Fire Protection Association (NFPA) standards as adopted by the City of National City. 33. The property must be addressed in a manner clearly visible from the street, subject to the satisfaction of the National City Fire Department. 34. Fully automatic fire sprinkler and standpipe systems will be required, subject to the satisfaction of the National City Fire Department. 35. A minimum clear width of access (driveway) roadways must be 20 feet with a minimum clear vertical height of 13 feet 6 inches. Comer radius must be a minimum of 28 feet throughout the project, subject to the satisfaction of the National City Fire Department. 36. An estimated minimum fire flow requirement with a fully automatic fire sprinkler system installed will be 1,125 gpm measured at 20 psi residual pressure with a flow duration of two hours is required. 37. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necP sary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigatri1 Negative Declaration, and $2,500 for an Environmental Impact Report. 38. Before this Subdivision and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to thc satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12 of 44 39. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been tiled as provided by National City Municipal Code §17.04.070. The Conditional Use Permit shall expire concurrently with the Tentative Map. 40. The applicant will work with the City Traffic Engineer to arrive at the appropriate traffic signage and turning approaches, including tum lanes and/or signage precluding left turns, so as to not negatively impact the traffic circulation in the neighborhood, to the satisfaction of the City Traffic Engineer. BE FT' FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 6, 2007, by the following vote: AYES: Carrillo, Baca, Pruitt, Flores, Reynolds, DeLaPaz NAYS: ABSENT: Alvarado ABSTAIN: CHAIRWOMAN 13 of 44 5 15 009 t—_ 2905 3124 r— r- N CO I 3038 r 3034 3028 3020 N1 3010 G 0011 L O 0 3225 t-- 3219 o N., , 0 N ti 3207 —_—h 3145 3109 3035 N 3040 -, 3035 3029 N: 3026 3015 ( 3093 3016 -; ` 3017 3005 1t106_) 3003 Arcadia Avenue , - y 1 co 2839 2829 A 3114 3� •. 31161 L3112 31u 3113? j 3111 p 3110 3109 31071 .� 3108 3107 —3105 a = �3206 `. 3103 3100 N i g 0 coo, i co co N Harbison Avenue 3031 3030 30331 3040 — — 2928 I N M 0 I I 3021i 6)L3024 3023 3016 30171 3011 L_30_34_e__3_0_3j 3026 3027 ' 3018 3015 h / ` i �� 3010 3009 roi "Eni 3001\ �ta006 3003 , 2937 't, 2934 2939 ; o) 2925 ` l \292$1�- 2920 i Pleasant Lane , ; 290 CN OD o -- �+ , ( L a r...28 0 ,_2830 Fol - —Arcadia Place J I , , ,-- _2822 �R16 co co N_ CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 eil Nei MEMORANDUM DATE: May 7, 2007 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: Case File No: 2007-24 S, CI IP; 22 Homes at 3000 E. 8th Street Please note our following comments and recommendations: I) 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. 2) Property to be addressed in manner to clearly visible from the street. 3) Fully automatic fire sprinkler and standpipe systems will be required. 4) Minimum clear width of access (driveway) roadways to be 20 feet with a minimum clear vertical height of 13 feet 6 inches. Corner radius to be a minimum of 28 feet, through out project. 5) Estimated minimum fire flow requirement with a fully automatic lire sprinkler system installed will he 1,125 gpm measured at 20 psi residual pressure with a flow duration of two hours. Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may he necessary upon submission of a complete set of plans for permit review. 15 of 44 r' f\ Date: To: From : City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 July 31, 2007 Angela Reeder, Planning Department Barby Tipton;'�torni Water Compliance inspector Reviewed by: Din Daneshfar, Ass•ciate Civil Engineer Approved by: Maryam Babty Engineer Subject: Storm Water Requirements for New Condominiums (22) 3000 8Th Street (8th St & Harbison Avenue) 1. Provide Standard Urban Storm Water Mitigation Plan (SUSMP) that provides Site Design, Source Control and Treatment Control Best Management Practices, which arc in compliance with the City SUSMP Ordinance. 16 of 44 ® Recycled Paper City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR 22 NEW CONDOS AT tiny STREET AND HARBISON AVENUE Date: May 1, 2007 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, City Engineer Subject: 22 NEW CONDOS AT ell STREET AND HARBISON AVENUE 1. 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 Departments requirements. 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) approved SUSMP documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 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 he required prior to issuing of a construction permit. All surface ern -off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 17 of 44 ® Recycled Paper Metallic identification tape shall he placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 6. 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 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. 7. A sewer permit and fees will be required. The method of sewage collection and disposal shall be shown on the grading/drainagc plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 8. 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 11 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. The deteriorated portions of the existing street improvements (sidewalk 10') along the property frontages shall be removed and replaced. 10. 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. 11. Street improvements shall be in accordance with City Standards. All missing street improvements (sidewalk 146') shall be constructed. Abandoned driveway aprons (20') shall he replaced with curb, gutter and sidewalks. 18 of 44 12. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 13. 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 he 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. FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 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. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground 2 poles. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. AL:jha 22condos The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 19 of 44 1 WW'07 FM12:55 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org April 27, 2007 Ms. Angela Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 22 HOMES AT 3000 EAST 8TH STREET, NATIONAL CITY A.P.N. 558-050-20, -21, -23-00 CASE NO. 2007-24 S, CUP SWA DEV. FILE: BENDAH DEVELOPMENT Dear Ms. Reeder: GOVERNING ROARO R. MITCIIEL DEAUCIIAMP. CHAIR JAMES C. ALKIHL, VK;L CIIAIH JAMES 'JIM' DOUG RON MORRISON W.D. 'RLID' POCKL INGT(NJ TERRY TI IOMAS MAHGAHL T COOK WELSH DENNIS A. AOSTAD GENERAL MANAGER MARK N. ROGERS OI EHAI IONS MANAGER This letter is in response to the Application for a Tentative Subdivision Map received by Sweetwater Authority (Authority) regarding the proposed commercial project within the Authority's service area. There is a 12-inch water main on the north side of East 8th Street, and a 12-inch water main on the east side of Harbison Avenue. Authority records indicate that there is one (1) existing water service to this project that will not be adequate for the new construction. All water facilities for this project must be located in the public right-of-way. Enclosed is a copy of a portion of SEC. 152 that shows the existing facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans deveiop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements, as well as a site plan, street improvement plan, irrigation plan, plumbing plan (showing total fixture -unit count), and fire sprinkler plans (with calculations so that service sizes can be verified and estimates can be prepared). Based on this requirement, the Authority will determine if there is a need for new water systems, or substantial alteration to the existing water system. It is recommended that your agency work with the Authority to determine what facilities should be added prior to issuing a building permit. In addition, the Developer must also submit anticipated water demands for each type of use in gallons per day before Capacity Fees can be estimated. Any new water services installed to serve the proposed project will require the installation of backflow prevention assemblies, and water meters cannot be located within three (3) feet of the edge of the driveway apron. In the event that a fire protection A PubIioWterctigency Serving National City, Chula Vista and Surrounding Areas Ms. Angela Reeder, Associate Planner Re: Water Availability — 22 Homes at 3000 East 8th Street, National City April 27, 2007 Page 2 of 2 system is required for this project, the Authority will require the installation of an approved Double Check Detector Check Backflow Assembly on that system. A ten (10) foot horizontal separation between sewer and water laterals is required. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at approximately 73 psi. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, EETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:vis enclosure: photocopy of 1/4 SEC. 152 map cc: Donald Condon, Battalion Chief/Fire Marshal National City Fire Department 140 East 12th Street, Suite A National City, CA 91950 Mr. Joseph Bendah 914 East 8th Street, Suite 110 National City, CA 91950 Mr. Steven Howell, Land Surveyor 60 Mesa Springs Way, Unit 33 San Diego, CA 92126 Mr. Miguel Alvarez, Sweetwater Authority I:\engr\Dev\Bendah Development\Cor\Ltr - wtravl_areeder_3000_IIth 4-26-07.doc 21 of 44 200 100 Subject Project: Bendah Development 3000 E. 8th Street National City 1/4 SEC. 152 0 200 Feet all In • Fire Hydrants Water Mains s2 2 01--4-4Water Services It. map .w b'aabOul 11a. I a5ava**. ALM .$V �. Anul 9ladialca mY y4e_ V;. _4hmN[WO— mad arm n►.N N APQ.man paraam.Mn �e Uwe.* N.C.My M.aw:rvw.** LY. far.tt/.MYE ry.G. VhS G 91912..h% 1191 e70.1.3 Co, (S19I cs;wW LO I at ma. kn.,. ... 41."•^Wn wry.ma alas mu.p Yam* Nw. mu. sum te▪ leMacsardlop U.S 1 @ I SCO 4fl�1111 M. N{a rMur m naT9✓" ila paint;....14r ima •n map 'a pn%•.dY^Y.m IMNomm of p.vyelIt aA bSM vemum O W�n M !Um mrMn.a I+oM1bN. eau0l1. .. M1arnM Nra. auartrc.M;pennant Sna., S . IWO Samna Mem.,Su. IVA 1.1m,m S2101 e9J3 by buM1e lAYMIIIh 1'.Inl9ryu6N. A101. va•01.6 wtrav(1.0/)MtHM1M. Trod Jerry Smith 3005 E. 91h. Street National City, CA 92150-3901 July 31,, 2007 Roger G. Post - Director City of National City Planning Department 1243 National City Boulevard National City, CA 91950 ROE CE�I�,UV 2 AUG '07 aN 7:59 RE: Case File No: 2007-24 S, CUP APN: 558-050-20, 21, 23 Dear Mr. Post: I am writing in response to the Notice of Public Hearings regarding the properties adjacent/close to our home. I am very concerned about the proposed 22 units that Mr. Joseph Bcndah wants to build. My concerns are both public and personal. Personally... my family will loose its view and privacy. I am also concerned about the amount of earth moving it will involve... will the homes on East 9th be damaged? What about the rainfall run off? The lot does slope, our property is at the end of both slopes and 1 am worried that our back yard will become a lake, Mr. l3endah promised a wall bctween the conds and our homes... hopefully that will prevent the drainage problem. How long will we have to put up with the dirt and noise from construction? I fear that this is the end of our `quiet little neighborhood' because the noise Fiona 22 units will be -with us for the rest of our lives. As for traffic... we definitely need more on Eighth and Harbison! Publicly... i f the front set hack is 20 feet and the side setback is 15 feet and building separation is 10 feet, why are you compromising your own requirements? Why cram 22 units on "approximately one acre vacant site"? Don't we have enough condos in National City? Is this project going to pay for the extra personal in the Fire Department, Police Department and Public Works? I think not. The city is definitely understaffed already....Could you just settle for two story condos that meet the requirements of the National City Planning Department? RE: Case File No: 2007-32 CUP APN: 558-030-24 Conditional use permit for a recycling center....we have a recycling center about 4 blocks away in the parking lot at Ralph's. This recycling center is not in anybody's hack yard! Sometimes more is not better. Sincercl bi 23 of 44 COf-elVr-f-<<S --(-1 s 2 A- W 0 k/ lam _ (L. o c. C %L S 6 �- f �f�( S51-:t p -1,(0 c A.p_p 917Sc uoA 1 H (IG6Nk(' c -RI cA • 24 of 44 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. 2007-24 S, CUP Project Location: 3000 8th Street, National City, CA 91950 Contact Person: Angela Reeder Telephone Number: (619) 336-4310 Description of Nature. Purpose and Beneficiaries of Project: The project is a proposed construction of 22 single-family units on a vacant 0.96 acre lot. The project is built within the allowed density in the General Plan/Zoning designation for the property and provides required amenities, such as parking and open space per Code requirements, on -site. Applicant Name and Address: Nationwide Enterprises Joseph Bendah 914 E. 8th Street, Ste 110 National City, CA 91950 Telephone Number: (619) 245-3620 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. (Section 15332 InFill Development Project) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The project is an infill development in an urbanized area within the city limits of National City. The 0.96 acre property is currently vacant with disturbed, nonnative vegetation and has no value as habitat. The division also meets the General Plan's intent for this zoning designation with regard to residential density and the creation of ownership opportunities, and is not estimated to generate significant traffic, noise, air or water quality issues. 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FVATION (SOL'T4• [REAR OF UNIT .2% el Mi 1E130 Oj I I n ri .w ea a a a ra w la MLA y.a1 .l � � w �a sa a. a AM -Mi. ill, m 0catT SFO'ION (NORTH NFM im ( m [FRONT OF UNIT '31 faros fa OART s-FOTION (SOUTH WW u R u • 'm01,j • aSit FRONT OF UNIT '21 gNFRAI FI FVA1 (Misr m -37 G.I. h SPEW 7OR7 •m.mmm ®m 1M0 RIM c RWWW'A• hORTM FI iVA3108 [REAR OF UN:T ®lo ®❑ I❑i® wIn RIP AL FIEVA''ON [FRONT OF UNIT '1': NARRISON kW. ELFVATION Mat t `D SECTION TYPICAL BUILDING CROSS -SECTIONS J 0 45. ORw1.EMUL 1 M L _Gamut. CONCEPTUAL LANDSCAPE PLANS City of National City, California CITY COUNCIL AGENDA STATEMENT 14 MEETING DATE August 21, 2007 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE MUNICIPAL CODE BY AMENDING CHAPTER 1.08 PERTAINING TO OFFICIAL CITY NAMES, SEALS, LOGOS, INSIGNIAS, AND BADGES PREPARED BY Jodi L. Doucette cci DEPARTMENT City Attorney (Ext. 4412) EXPLANATION Due to recent unauthorized uses of the City of National City's name by private entitites, it is recommended that the City and CDC officially adopt their various respective names, seals, logos, and badges through designation of such items in the National City Municipal Code. Further, it is reommended that the City have the authority to impose sanctions for unauthorized uses of such names, seals, logos, insignias, and badges. The proposed ordinance would make unlawful the unauthorized use of such names, seals, logos, insignias, and badges. The maximum penalty for such unauthorized use would be a misdemeanor violation with a punishment of up to one year in jail and/or a $1,000 fine. Environmental Review ,� N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve Ordinance BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2007 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.08 PERTAINING TO OFFICIAL CITY NAMES, SEALS, LOGOS, INSIGNIAS, AND BADGES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 1 of the National City Municipal Code is hereby amended by amending Chapter 1.08 to read as follows: Sections: 1.08.010 1.08.020 1.08.030 1.08.040 1.08.050 1.08.060 1.08.070 1.08.080 1.08.090 1.08.100 Chapter 1.08 OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES City Seal. City Logo. City Insignia. Official City Name Adopted. Official Community Development Commission Name Adopted. Community Development Commission Logo. Police Department Badge. Fire Department Badge. Fire Department Logo. Violations of Public Usage Without Permission. 1.08.010 City Seal. The following symbol with the inscription thereupon constitutes and is adopted as the official seal of the City. 1.08.020 City Insignia. The following symbol with the inscription thereupon constitutes and is adopted as the official insignia of the City. 1.08.030 City Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the City. 1.08.040 Official City Name Adopted. The official name for the City shall be the "City of National City", and hereby constitutes and is adopted as the official name for the City. The name "National City", when combined with the name of any department, agency, or function of City govenment, shall also constitute a secondary official name for the City. 1.08.050 Official Community Development Commission Name Adopted. The official name for the Community Development Commission of the community shall be "Community Development Commission of the City of National City", and hereby constitutes and is adopted as the official name for the Commission. The name "Community Development Commission" shall also constitute a secondary official name for the Community Development Commission of the City of National City. 1.08.060 Community Development Commission Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Community Development Commission. Preserving History... Shaping the Future Community Development Commission of National City 2001 Ordinance 2 Logos, Insignias, Names, Badges 1.08.070 Police Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Police Department of the City. 1.08.080 Fire Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Fire Department of the City. 1.08.090 Fire Department Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Fire Department of the City. saa aace 1.08.100 Violations. A. The City official name, seal, insignia, Togo; the Community Development Commission official name and logo; the Police Department badge; and the Fire Department badge and logo are for the exclusive use by the City, its officials and employees, in the course and scope of their official duties. No other persons may use, adopt, alter, or reproduce the City's official name, seal, insignia, logo; the Community Development Commission official name and logo; the Police Department badge; and the Fire Department badge and logo without the express written authorization of the City Manager of the City of National City, or in the case of the Community Development Commission, without the express written authorization of the 2007 Ordinance 3 Logos, Insignias, Names, Badges Executive Director of the Community Development Commission of the City of National City. B. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through criminal, civil, administrative, injunctive or other relief available by law. Criminal penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. PASSED and ADOPTED this day of , 2007. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 2007 Ordinance 4 Logos, Insignias, Names, Badges City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE August 21, 2007 AGENDA ITEM NO. 15 ITEM TITLE Project Status Report - Safe Routes to School Program PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached report 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide comments before going to bid for construction of the project. BOARD / COMMISSION RECOMMEDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Project Status Report 2. Letter to School Districts l A-200 (Rev. 7/03) Project Status Report The City was awarded a $432,000 federal grant (effective May 2007), administered by Caltrans, to develop a Safe Routes to School Program to increase the number of students who walk to school by creating safe passage corridors between schools and feeder neighborhoods around seven school sites. An additional $50,000 of local funds was allocated to the City Engineering Department, through the City General Fund, for Plans, Specifications & Estimates and Construction Engineering services. Study locations and improvement measures were identified through the creation of a Project Task Force consisting of City staff and elected officials, National School District, Sweetwater Union High School District, school principals and parents, American Medical Response, Family Resource Center, National City Public Library, Partners for Prevention, Assemblyman Juan Vargas, and input from other community members and organizations. Improvement categories include traffic control, traffic calming and speed reduction, and public outreach and education. The Engineering Department was tasked with the research, design, implementation and monitoring of the Safe Routes to School Program. The infrastructure elements of the plan consist of flashing beacons, crosswalk improvements (in -pavement lighting, signing and striping) and improved school zone signing along designated walking corridors, as determined by the project Task Force. Staff is completing its final quality check of the plan and is prepared to present the plan/project status before City Council in preparation for going to bid for construction of the project in September/October 2007. We are informing both School Districts of the City Council Meeting should they wish to attend and view the presentation (see attached). City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 August 8, 2007 Mrs. Katie Filzengcr Director, Student Support Services 1500 N Avenue National City, CA 91950 RE: Upcoming City Council Meeting — Safe Routes to School Status Report / Presentation The City Engineering Department will provide a status report and presentation for the Safe Routes to School Program at the upcoming City Council Meeting on August 21, 2007. The meeting will take place at 6:00pm in the City Council Chambers (1243 National City Boulevard, 2"d floor, National City, CA 91950). As our project liaison to the School Districts, we would like to request that you inform the National School District and Sweetwater union High School District of the meeting, which is open to the public. The Engineering Department is also available to present to the School Districts at a later date if they are interested. Please feel free to contact us with any questions. Sincerely, Stephen Manganiello Traffic Engineer ® Recycled I'aper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 16 ITEM TITLE Notice of Decision - Conditional Use Permit for a Recycling Facility at the Save -A -Lot Shopping Center at 925/931 Harbison Avenue. (Applicant: Vic Cacho Aguilar) (Case File 2007-32 CUP) L Martin Reeder, 336-4310 DEPARTMENT Planning PREPARED BY EXPLANATION The subject property is a .62 acre lot in CG-PD-H35 (General Commercial — Planned Development — 35-foot Ileight Limit) zone. It is an L-shaped parcel, part of four parcels that make up the Save -A -Lot shopping center. Residential uses are located to the north and east, as well as to the west across Harbison Avenue, all in RS-2. Other uses within the shopping center include a coin laundry, barber shop, liquor store and gas station. The applicant proposes a mobile recycling center consisting of a mobile office and three prefabricated steel containers. The facility is proposed behind a coin laundry facility in an existing fenced off area behind the shopping center. The proposed operating hours are 9 a.m. to 4:30 p.m. Monday through Friday and 10 a.m. to 4 p.m. Saturday and Sunday, during which an attendant will be present. Recyclable items include aluminum cans, glass, plastic bottles and newspaper. California Redemption Value (CRV) payments are to be provided in cash from the operators of the facility. The Planning Commission held a hearing on this application on August 6, 2007. An attending Police Department representative stated that this location is a magnet for homeless people and indicated that the addition of a recycling center would significantly increase this situation. Two community members also spoke with concerns about homeless persons, and trash and noise from the proposed facility. Staff indicated that Save -A -Lot is in an area considered a "Served Zone" by the State, as it is currently served by a certified recycling facility (Ralph's at 901 Euclid Ave.); therefore, a facility is not required at this location. Commissioners asked about other locations considered and stated that they did not see the benefit of a recycling center at this site, as is it already serviced by an existing facility. After considering testimony, the Commission voted to deny the CUP. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Ayes — Carrillo. Baca. Pruitt. Flores. Reynolds. DeLaPaz Absent — Alvarado ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 45-2007 2. Location Map A-200 (9/99) RESOLUTION NO. 45-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A RECYCLING CENTER AT TIIE SAVE -A -LOT SIIOPPiNG CENTER AT 925/931 HARBISON AVENUE APPLICANT: V1(7 CACIIO AGUiLAR CASE FILE NO. 2007-32 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a recycling facility at the Save -A -Lot Shopping Center at 925/931 Harbison Avenue, at a duly advertised public hearing held on August 6, 2007 at which time oral and documentary evidence was presented; and, WIIERFAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-32 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 6, 2007 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 6, 2007 supports the following findings: 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the Police Department indicates that they consider this location a magnet for drug -addicted and alcoholic homeless persons, whose population may increase as a result of the center, and since the addition of the center may stimulate increased citizen complaints regarding homeless persons scavenging recyclabies. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since an approved recycling center is already located within a half mile of the shopping center and the California Department of Conservation, Division of Recycling considers this zone as a served zone. 1 of 3 BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. 2007-32 CUP. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 6, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Carrillo, Baca, Pruitt, Flores, Reynolds, DeLaPaz Alvarado CHAIRWOMAN 2 of 3 W W pOp O T. N OW CT W WO Wi .+ w p O O O O p 1` fAJ O V W W // Co'kditiona! Use A 1 0 - 1O a'it fora r a T / � RaoYciin9 M Facility at 9 25/p 2�� 32 �3 Y P gal Harbison CUP gvanuo City of National City, California COUNCIL AGENDA STATEMENT 17 MEETING DATE August 21, 2007 AGENDA ITEM NO. i- ITEM TITLE Notice of Decision - Manning Commission Approval of a Conditional Use Permit Application for Beer and Wine Sales at an Existing Restaurant at 1903 Highland Avenue (Applicant: Imperial Fish & Seafood, Inc.) (Case File 2007-36 CUP) PREPARED BY Martin Reeder, 3364310 DEPARTMENT Planning EXPLANATION The subject property is located on the east side of Highland Avenue, opposite East 19°' Street, in the General Commercial (CG-PD) zone. The parcel has 55 feet of frontage on Highland Avenue and is developed with a 1,365 square -foot restaurant (Imperial Fish Market Restaurant). The restaurant has a total of 39 seats, 24 inside and 15 outside, and a 10-space parking lot behind the building. The applicant is requesting to serve beer and wine as part of the existing food service. Beer and wine is to be available for consumption both inside the restaurant and outside on the patio. The alcohol is to be stored in the kitchen area and supplied to the customer upon request. All employees are to be L.E.A.D. (Licensee Education on Alcohol and Drugs) certified. Beer and wine it proposed to be available during the existing business hours of 10 a.m. to 10 p.m. daily. No karaoke or live entertainment is proposed. The applicant held a community meeting, as required, on May 3, 2007 to address potential public concerns. The Planning Commission held a hearing on this application on August 6, 2007. The Commission discussed options for preventing alcohol being passed over the patio fence, including possible use of a plastic awning, similar to that at Pat & Oscar's. One community member spoke in reference to the fence issue and suggested that plexiglass may be a solution. A representative from the National City Alcohol, Tobacco and Other Drugs Taskforee (ATOD) was also present, and stated that they had no objection to the proposal, but also expressed concern about the patio area. Commissioners voted to approve the CUP based on the attached findings and subject to Condition of Approval. Environmental Review X N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Aves - Carrillo. Baca. Pruitt. Flores. Reynolds. DeLaPaz Absent - Alvarado I ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 43-2007 3. Applicant's Plans 2. Location Map 4. Alcohol License / Census Boundary Map A-200 (9/99) RESOLUTION 43-2007 A RESOLUTION OF THF. PLANNING COMMISSION OF THE (.'l'I'Y OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR BEER AND WINE SALES AT AN EXISTING RESTAURANT AT 1903 HIGHLAND AVENUE APPLICANT: IMPERIAL FISI I & SEAFOOD, INC. CASE FILE NO. 2007-36 CUP WIIEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for beer and wine sales at an existing restaurant at 1903 Highland Avenue at a duly advertised public hearing held on August 6, 2007, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-36 CIJP, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WIIEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WIIEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 6, 2007, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will he conducted in an existing restaurant and no expansion is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the restaurant is existing and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale and consumption of beer and wine on site will reduce any potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, an established and allowed use in the applicable commercial zone. 1 of 7 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE 1T FURTHER RESOLVED that the application for Conditional Use Permit application for beer and wine sales at an existing restaurant at 1903 Highland Avenue is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at the Imperial Fish Market Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. 2007-36 CUP, dated 6/13/2007. 2. Plans must comply with California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 4. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. to 10:00 a.m. 5. The sale of pitchers containing alcohol shall be prohibited. Beer and wine shall be served by the glass or bottle. 6. Over Ice Displays, self serve (i.e. bucket with iced beer, etc) shall be prohibited 7. Happy Hour Promotions shall be prohibited. 8. All alcoholic beverage products to be stored in the kitchen/storage area and not accessible to the general public. 9. Take out sales of alcoholic beverages is prohibited. 10. Karaoke and Live entertainment may be authorized only upon prior approval of a Conditional Use Permit. Live entertainment shall be limited to a single entertainer. 11. Premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. Graffiti shall be removed within 72 hours. 12. Signs shall be posted indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken off premises. 13. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition_ 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. Alcohol shall be available only in conjunction with the purchase of food. 2 of 7 «F. 16. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 17. No win operated amusement devices shall be operated on the licensed premises. 18. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 19. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 20. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 21. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 22. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit arc binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. BE CT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE TT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 3 of 7 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 6, 2007, by the following vote: AYES: Carrillo, Baca, Pruitt, Flores, Reynolds,•DeLaPaz NAYS: ABSENT: Alvarado ABSTAIN: 4 of 7 1 1 1 1 100 1 • E 18th St 1 1 1 1810 t .. 0 (17. FM1 450 1831 1841 -- E1 1917 RM2PD 2005 100 00 Poet-r 1 9th St 1902 1912 1940 2004 J CG m a> 1907 1919 1941 E 20th St 0) J 0) r 2035 JI 1 1 1910 W /W 1 0 N (0 0 01 00 1821 1827 w w ft-3 'PD 2007 2015 2025 2031 r 1740 -r- 1 0 0 1816 1822 1832 1920 1928 1944 7 (±2: 3\/14) K3i) L- /) FLOOR PLAN CUSTOMER SEATING L. 1 /2e DRY s TOR AGFT 18,14t1 18z 48 tOOK I II1E 1' (1y C4 2A4_, PROJECT: IMPERIAL FISH MARKET LOCAJ ION: 1903 I IIGI II AND AVENUE NATIONAL CITY, CA 91950 12 15 16 N S.C. EXISTINC; RES CROOM EXISTING W.I. COOLER PROPOSED BEER \NINE STOPAGC EXISTING I-11--_EZER 18x 40 18,18 DRY icl)STORAGf S.0 6-u\ 42 6 of 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 18 (-ITEM TITLE TEMPORARY USE PERMIT — Pinery Christmas Trees Pumpkin Station from September 29, 2007 to October 31, 2007 (10 a.m. to 9 p.m. daily) at Plaza Bonita Mall adjacent to Sweetwater Rd. and Roy Rd. in parking lot #7. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from Pinery Christmas Trees to conduct the Pumpkin Station event at Plaza Bonita Mall from September 29, 2007 to October 31, 2007. This event operates daily from 10 a.m. to 9 p.m. This event will include children's rides, a boat ride, games, popcom, sodas, a petting booth, as well as the sale of pumpkins. Free entertainment will be provided on Saturday's and Sunday's, including magicians, ventriloquists, jugglers, and a puppet show. Six (6) canopies will be on site. Halogen lighting, string lighting, and Tight towers will provide illumination throughout the evenings. First aid kits are located on location, as well. Private security will be present during high -traffic periods each day. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City departments, Finance Director plus $349.00 for the Fire permits and $100 for the Fire Inspection. A $2,500 bond and $50 inspection fee is due to the Finance Department. Total fees are $3,344.00. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMff RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pinery Christmas Trees EVENT: Pumpkin Station DATE OF EVENT: September 29 to October 31, 2007 TIME OF EVENT: 10 a.m. to 9 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ J COM.MUN!TY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES I x I NO [ I SEE CONDITIONS [ I PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ J FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x J NO ( J SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x J NO [ J SEE CONDITIONS [ ] ('I'I'Y ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER I've reviewed the application for the proposed use and note that the event will he held on privately owned property at Plaza Bonita. In addition, the agreement with Westfield requires the applicant to maintain sufficient liability insurance for the event, which has been held in the same location for 5 years straight. Accordingly, I have no objections to the application. FINANCE (619) 336-4330 1. A $2,500.00 Bond and a $50 Inspection Fee are required for a Carnival or Circus, which ahs to be paid at least two weeks prior to the start date of the event. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. FIRE (619) 336-4550 1. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tcnts and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fee is three hundred and forty nine (349.00) dollars. Fees can only be waived by the City Council. 2. No Open flames or smoking inside or adjacent to the tent/canopy. Signs to be posted - NO SMOKING. 3. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire width and length. 4. Exitways to be illuminated and posted. 5. Fire extinguishers shall be on premises, type 2-A:10-BC, Travel distance not to exceed seventy five (75) feet. 6. Fire safety inspection to be conducted by fire department personnel, prior to opening to the public. 7. Fire Department access roads shall be provided and maintained at all times. Minimum roadway width to he maintained at 20 feet. 8. Automobiles and other internal combustion engines shall he a minimum distance of thirty (30) feet from all tents and canopies. 9. Fire hydrants, Fire Department Connections and any other fire safety appliances shall not be block or obstructed at any time. 10. Minimum $100.00 after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays a007 Type of Event. Puhhc Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus Other Event I itln: Pumplei 4 .. $) /.adv Fvent I ocation: BDQ/!/j1 PLZa, (0 /, Event Date(s): From 9�,49 to _AI Actual I .vent I lours: Month/Day/Year 11* m to 9' Setup/assembly/construction Date. Community Event Block Party Total Anticipated Attendance: ( an 9/ Start lime: O it/d'% Participants) Spectators) Please describe the scope of your setup!-ssernbly work (specific details): g_Rt_ck, da.zeres f / f aL - Dismantle Date: / Completion time: an List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /34 ist/iii__! ✓%e4- 2For Profit � Not -for -Profit Chief Officer of Organization (Narne) OJ_.t/�DI12_ Applicant (Narne) AQjr_,ffa .SY.. 12.4 g-A' Address: //461'-e.byed Y! P.4-11 l—Jn - SAP/e3o Cn To?/3i Daytime Phone: (g 4 7Y Evening Phone- ( - ) ,,c///�( rile Fax: era _5-310 '!O 7 6 Contact Person "on site- day of the event Pager.'Cellular: (O f ./ NOTE: THIS PERSON MUST BE tt'FATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE f0 CITY OFFICIALS 1 Fees The cost of processing the permit is dependent on the number of departments that must review the application. The maximum fee is $345. Unless a fee waiver is requested, the application fee is required at the time of submittal. The temporary use permit fees for events which are later withdrawn are nonrefundable Waiver of Fees To apply for a waiver of fees the Request fora Fee.Waiver rtiutst be completed and submitted with the application. Fee waivers are generally granted for non- profit organizations that can demonstrate that the event will-.rjcrt,generate any income to the organization, or that the net proceeds of thb &dent will result in: n) direct financial benefit to.an,indiO#{ual who resides or is employed in the city; and -who is in dire•financial need due to health reasons or a ,dath in the family; or ' b) direct financial benefit to city government such as the generation of . "Sales lax; - t, c) direct financial benefit to a service club, social services agency, or other sectilar non-profit 3rganization heated within the city such as ISiwanis„Rotary, Lidns, Boys and Girls Club; etc; of - d) direct financial benefit to an organization, which has been the direct recipient of City or Community Development Block Grants (CDBG) funding. Only the City Council has the authority to grant a waiver of fees. Duration The Class A Temporary Use Permit will be valid for ten days or as limited by the City Council. The permit is valid for the dates specified on the permit only. Insurance Where the use of Cityfacilities is involved; th'd•,applicant may be required to provide a certificate of insurance, evidencing combined single%iimit coverage of at least $1 million and naming the City of National Cityand its officials, employees, agents and volunteers as additional insured's. Amountso f coverage are to be determined by the National City Risk Manager. In all cases involving the use of City facilities, the applicant is required to provide a Hold Harmless Agreement holding the City harmless from liability arising from the use of the facilities. Is your organization a "Tax Exempt, nonprofit" organization? Ate admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide arnount(s). YES P NO YES y NO $ 1 t0 V Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ I3d000 Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED. DESCRIPTION of your event. Include details regarding any components of your event such as the tise of vehicles, animals, rides or any other pertinent information about the event. e�. 49-+6t r.14 YF ; NO If the event involves the sale of cars, will the cars come exclusively fioni National City czar dealers? If NO, list any additional dealers involved in the sale: Business Licenses A business license is required if monies are solicited; admittance is charged; or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. A list of all participating vendors (with their address, phone number and current National City business license number) is to be submitted to the Revenue arid Recovery Division of the Finance Department prior to the event for verification of business license numbers. Fireworks A fireworks permit must be obtained from the Fire Department. The fee for the permit is $349.00. The permit must be obtained at least two weeks prior to the event. The Fire Department has absolute authority, control and decisions over all fireworks and/or pyrotechnic displays. An inspection from the Fire Department must be obtained prior to any ignition of fireworks. Tents or Canopies A permit is required from the Fire Department to erect a tent excess of 200 square feet or a canopy in excess of 400 square feet or any combination that exceeds the limits. Tents and canopies shall be freated'with a flame retardant and labeled as such. The fee for the permit is $349.00 and may be obtained from the Fire Department. Yf S sC YES NO Does the event involve the sale or use of alcoholic beverages? NO Will items or services be sold,, at the event? If yes, please describe. puI +tKI h S r Cif Lcl eY) Vt Je tI 9time st ?6J7c v4 SCJA YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. >(YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. ,YES NO Does the event involve the use of tents or cano >}es? If YS: Number of tent/canopies 5—Sizes /' 2DX3n / ' AD x212, 3'ao X/o NOTF• A separate Fire Department permit is required for nts or canopies. YES YIN() Will the event involve the use of the (;ity stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up -locations for the following items: • Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas ' Please describe how food will be served at the event: pO pee) y If you intend to conk food in the event area please specify the methi>d: GAS ELECTRIC _ CI IARCOAL _ OTHL.R (Specify): i Portable and/or Permanent Toi acilities Number cif { ortable toilets: (1 for every 250 people is required, unless the ' applicant 'can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades ➢ Generator Locations and/or source of electricity Y Canopies or tent locations (include tent/canopy dimensions) Y Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers • Other related event components riot covered above • hash containers and dumpsters • . f (Nate: You mustproperly dispose of waste,and garbage throughout the terra of your event and inirnediately upon conclusion of the event the area oust he returned to a clean condition.) Number of trash cans: I rash containers with lids: Describe your plan for clean up and ternoval of waste and garbage during and after the event: ZL week a5 Alezoled Please describe your procedures for both Crowd Control and Internal Security: ,_ Awe, 17v,vain Sec►4r:±y 3pittvois ctovmn bust resod S YES O Have you hired any Professional Security organvation to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone. )YES NO Is this a night event? If YES, please state how the event and surrounding area will �eilluminated tSQ �e ie s�afetyofthprliril t$ anctator�:lfe'c�d 5 5 It. t4/ s Pleaddicatetwhah t arrangem t you madefoL providi Firs Aid Staf n�i Equipment. ott v Please r-BLSe ur Aacc Accessibility P�lzforace s,• at ycwr ev� t �ndivi)duals ith disabilities: 40EM/'4 yam r�� lhy te_ Ple e provide a det fled desc ipti of your PAR plan: h �1 ✓el . '� }�j GL ►� I /i A. 151ZA v/ 4 � 5 Please describe your plan for DISABL RKING: Please describe your plans to notify all resi ents, businesses and c urches impacted by the event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES YE O Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of hands and type of music. Number of Stages' Type of Music: 0 Will sound amplification be used? If YES, please indicate: Start time Number of Rands! _..am/pm Finish Time am/prn YFS (NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event _ YES X.NO Fireworks, rockets, or other pyrotechnics? If YES, please describe; 'YES NO Any signs, banners, decorations, special lighting? If YES, please describe Revised 08/ 10/05 Event: For Of flce 'Use Unl'y Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must he attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken unde, he permit by the permittee or its agents, employees or contractors. Signature •. ant olie/r/d Official Title 7 7'o b Date I or Office Use Only Certificate of Insurance Approved _ Date _. 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a directiinancial benefit to an individual who resides in or tv,employed in the city, and who is in dire financial • need due to health feasons or a death in;:the family?. ' Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 Pumpkin Station Bonita Plaza Shopping Center Temporary Use Permit Application Description of Event: Pumpkin Station is a pumpkin patch and a children's carnival combined We cater to children age 2-9. We offer numerous rides including a boat ride, car ride, swing ride, bumble bee swing ride, lil' toot ride, inflatable slide, inflatable pumpkin jump, and petting zoo. Pumpkin Station also provides free entertainment on Saturday & Sunday's which include magicians, ventriloquist, jugglers, live animal show and puppet show (4 shows per day each weekend). Also available are 4 different games for the children, Turtle Fishing, Pumpkin Toss, Tic Tac Toe, and Ping Pong Toss with a winner every time. Pumpkin Station also offers Group Packages to local schools, day care centers and other children groups. Pumpkins We offer a very large selection of pumpkins from .l # size to Bodacious Pumpkins weighing over 150#. We also offer bales of straw, corn stalks, gourds of all sizes, and other holiday decorating items. SipnaRe We have 2 signs — on at our entrance (4' X 8') and one on our storage trailer (10' X 40'). Experience This is our 0 year of experience operating Pumpkin Station —1 year at Plaza Camino Real in Carlsbad, S years at Mission Valley Shopping Center in San Diego and the last 5 years at Bonita Plaza Shopping Center. June 11, 2007 Mr. Joe Olson City of National City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4301 RE: Temporary Use Permit Pumpkin Station Westfield Plaza Bonita Dear Joe: 1 T�'sifleLf Plaza Bonita 3030 Plaza Bonito Read, #2075 National City, CA 41AF.0-8007 Telaphw a (619) Z67-2850 Faminvee $619)4725662 I hereby authorize Norm Osborne, acting as representative of Pinery Christmas Trees, Inc., to operate a business known as Pumpkin Station in the parking lot Lot #7 at Westfield Plaza Bonita during the dates 9/04/07 through 10/31/2007. Norrn has permission to install temporary power to poles in parking lot #7 to provide power daring the Pumpkin Station occupancy. This is necessary as we have asked Pumpkin Station to relocate from I.ot #2 to Lot #7 at Plaza Bonita. Pumpkin Station will begin installation at Westfield Plaza Bonita approximately 9/04/2007, with grand opening approximately 9/28/2007. Norm will obtain all necessary pcnnits from National City for occupancy at Plaza Bonita Please call me if you have any additional questions. Thank you. Sincerely, l t 1r -'sue / t. /41-4A-��- fJ - !! Donna Kudrick Specialty Leasing Manager Plaza Bonita Mes1Feld SPECIALTY RE.3A11.ING PROGRAM Tli SIPOILARY Itl:VO(:Al1LE 1.1/:I:NSI•: PLAZA BONITA 3030 Plaza Bonita Road N2075, National City, (A 91950 ♦a a :mail tYIwrru NcII,cid Corp..,at,uu, LLC.. a Delaware limbed liability (hctim rdcrrtd to .I. um List -mot ) red ruaspaay, as aanagcr for owKr .:�+:1 Immlay CMnsurnas Trees. Inc c/o Norm lnMxnc tl lid.li Pumpkin Star. I:Wacssj IO665 Mos4viewl av,Sm Uicgo. CA 92111 -- �- hone) x `h•56h 7466 hneinaller teferred to s y,,,mb L,cmce 4 lour CAJwtiYc, It Irmpnr4r3 license fa the pmpau eel Srti itg.gunpkius. alrlr13etaeur rides, mania/ /nor, scolds, and rebrnd gnnrs. red activities. ,n its ahnppudg nine: ('Shopping center") btnaed a the .Mort-indwa•:d wiliest for the p:riai(s) eel 9.0V02 to 11911:9 f lie par lies named above agree as follows: 11 I.rceroce ae.Iees to p0 Llceasur i 15.O00 per pul0J as Iorn-c Ice nut in .tddrlion wJ1 pis all"Grow Saks" eneecdtng S 150,000 additional Jh:dges of N/A fcr N,A proanooun.a Ice of N'A .... n:d oMa kes/cbargs of .Gmwdy deposit on III. 13I000) to 4 In,<nse, .evocable m die will ol'llie I iccns,a, to gcncralc sales wathw to Slapping Caner the tern "Gros', Sal.• dull man the entire ounown of the actual saf-s once. whether toe cash or on uulll or lir soy tuba consder.norx all of the sales (Inc bong Iwa,,cog thc,cot) of utudnenJlx and all charge made by I.:area (or nynnc in Liunnec's behalf) for We rendition eel sauna of any kind whatsoever. and m other iec.., of all bunions coodncted n, rot ire NOT the Location, Including all deposal not ne tondo] to purchasers• orders hiker: In err Munn he Localism although filled ebewhere. mad uosulk. cal a o nco*kaibk reedit rot o..at All sales and orders originally mate en or at the Lo. .o.. 1 he wasldmed u mole and mmplued therein, even t o.. p ,.. pay mall of the abanaa may be barmfate0 lee some other office of Licensee for collection, or although delivery of MCIehsdlle toad a ds performance of terYre adu04 In . at the Locaun b< nude (rain or a a plate other than Use Len Wort These shall be excluded from Gross Saks any sums collected and paid out fa awY s 3 ., emesx a baba o, based upon the sale or sales of madam : i. and required by 11w. Whether now a buckler in force, to be paid by licensee or collected from its customers. W to caress w- such taxes have bum added to and included in the Gross Sales;rich. 1M taut Grua Sala shill out include the transfer or exchanges of machadise between its auto . I..c. rn e, if any, where such transfers Of exchanges of meschandise nu shack solely for tic envenwnt opelatun of the business of larenfee pal not for the purpose • consummating a sale. which has dxre@re been crude in or at the Ishcn)oa or foe the output of depriving Liccwa of dine benefit of a sad what abowese would be made m - W Nc Liwvourt. Iwo shall (irssss Saks include the tint of rums to shippers or maoa0clu¢rs, nor the amount of any cash or uedit refund taadc upon any sale what muchadisc sold or some part thereof is Illaeafla rurncd by the pmlhmc ID and amerced by licensee. Each sale ups installment or credit shall be treated as a sate fa u. full pee at Ow time sock sok shall he nude, iccspective edam time where L kenne alW I receive pgnienk whether full or partial, from licensee's dttlobsa. Fa the paps... of this Agreement, she ram "Licensee" shall include any person or entity claiming by. under or trough licence. Paym.nt of the chug. it dug by 1,5,000 rem due by.29.)Y/(I6, ad S(O.QQOIE)) due j0/UIJQ6 sFtdgup d(pS.slt of jl 008 alreadvs. file Pay nn.nt of the percent of gross sake is due by Within 10 days of the I' of Nov .4bei Cider; 4(1(fosal Io.psY YI k(s. <hml8. a olher.o,ltS.dl*o (lions Al tic lases soccifxd ha an m.v result in immediate termination of this License. 2) Licence shall have the privilege of temporary use of a 35,0110 sfofParking Lot 117 rLnut.ri) The. location is at the distruion of the Licensor and may be changed or modified spas twenty -low (24) howl' notice at any one by Licensor. Nothing conutmcd In tom, Inter se is intended by 1 acemsot of Licensee to acne Use selaiombip of lmdlad and tenant between Me palm Licensee cxpcasly watt. all rights, if sty, to assert any claims again. hennas, Westfield Corporation, Inc., Westfield Amurµ Inc. and all other subsulanct affiliates and related pwusshrpt as them into.. may appear, my makdng find, and its tenants foe damage, destlucboa or tau of any egnmane t sspphm, cash t w mho cadence of anlaner debt such as checks of credit cud luetps) upon the Slopping Center or, by Oily re4.on W' tire, theft, robbery or baglary, bodily I1ywi raw.' injury or death Liecxc accepts all responsibility foe any Imlay or publse holiday incurred m o direct null u( Use display or Rums or bonne, opetau ss 11 4) 1.uens. shall have nu responsibility to provide sanity, superrunn a pou:ciun ag,uw Any loss Ilia may he ,.stained by Licensee. Any Lso;enne impairing Kuno, d, num do so ail icensces expense and utilise a security company approved by Lkesor's rcpincMnve. 5) 1 icemee must muttdc writ. erwlas< of pubhe Isabdwy masers. tin the location fora leans the above -tided dads m is amwlat W $500,000/Prupeny Dania, Liability per ocewerre auk (tateN Liability f 1,000,000 per occurrence, $2,OW,000 in the aggregate A Carmicate of Insuraae listing the Lac<nta at an add,Iwn.,' Unwed peke to the mltachcJ Rules and Regulations) maw be supplied prior to coMncnument of Ibis Lnasc. Statutay Workers Compensation insurance u fequa...l by the laws of the slate in which to Ihwue u in edict. bl Lsccanee shall urdoomfy and hold harmless licensor, is agents and employees, and any dcparunot sane opernng will. the Slapping Center, tom and agauul 40, Nd ult liabilities, dams. ,eat oia. dalwgm, expenta, fees, fines, peowlIKl, taw, pouedinge, aeraaw and unmet of mom of my and every kid and maws or glowing or of of to any way connected with Licensee's (or anyone claiming through of under I.lunwc) use, occupancy. mknagenwnl or control of the locaa,., anpor L,ecauoe's operations red activities in the Sapping Center...piing say Ilabilty a damn awing in growing out of the sok negligence or W4UW maxwWu.. of I..crosof, its employe. and agents. 7) L,cerwx wall reroam open ad operating during all hairs the Shopping Cater IS open for business.. potvukd in the etts:Md Rules and Regulaans, much a. incorporated by islet.. sot drolly sot fund herein. m) L,umcc ogre. that he a the has read and understands the mashed Rules and RegWuum, and ogle. W abide by the same Thu temporary License s ponied upo", the enacts condition that L eensec aline by call and may one of such Rules and Regulations. Licensee turd. ape. W aanply will ad epplscibk laws of the nano city, cowry, sate and fcdcral governnmu any other public authority. 9) Ihn lances non -assignable and terminable at is wdl of the Licesa at tb sok disunion. In the event oldie Iamsaiut of this License, Licensee sham WNWsc It, display, m.nchamdue, cal and other property from the Shopping (enter within twelve haws from the time of the telnu abi. of the License Ada the tad from eel this twelve-hour paLicensee, Licensee shill be • trespasser if h a she coldie s Stepping Gasser. In the event that the Licensees paperro y is t removed from Mc Sbcpe ng Cent. volts. twelve boas, the Licensee MU be deemed to have abandoned is pup.ly, thus die Licensee hereby grans Ise Lacesot the (Ight w 'mare J, loch properly from die Supping Carer and -kanso shad be wader taw ubhgat.on W panne Of pacer Stith phuperty. id) In the on of lennimiun of thu lcnrpaay Lass., sir paymal received by Licensor sour Lnamsec NI coannan w,W them knlpaary fume Shall be resumed 111 The owald.ry or unudacabilay of any pnieul4 provision(s) of the Yearn. shad nut affect the other provision knot. ad due License hall Ile cawmnal in alb respects as if such invalid or one nfutable proverbs were omitted. 12) 1 f al my time aba the date that tees Lo,aue bats been Heaped by Limnwr tad Licensee, the L.unsor institutes my actin or po:eedmg against the Licensee relating to the provision of this Lase or any dclautt hereunder, the Licensee shall reimburse the Lnecuo fir the new:n.6k expenses for mummy's feat and atl costs and dubursunuls awned therm by tic Licenser, including without 4miuti n, any such lees, cosh or dotiorwments incurred on my apnea boo sorb action or procccdng 111 During the perfama o: of Mu Agrccmerr, Ube mini. hereto hereby incupaak by rck,coce the provspals , t leer the in 41 C F.R k 60.1 4. k 60.250.3 and b ou- 741.5, *hub provisions ppy to all nonexempt connectors and vendors 14) :Perrin* agrees to abide by Jw mat rd. ad segulatimv i 51 MI-1'0 u11,1 4 7 is b<all, Sssdul1b. 4. 2007 bsurmex kkflllis*M1s niusl Iw Isvclrcd pnyq le 5e1-up. Ally I ,lde ten) W I ,vtJ court tk.bs m4Witcd a Kamm I I n Ily Wcsuicld, LLC a Delawae tamOcd Llabduy Company as meager fa owrwr Wntlield Plana Bubb. Ryan Peoy, C.S.M. General Manages s.• A 3 rJCZc:NI,DOZ kwor4 oo City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT— Girl Scouts San Diego's Girl Jam at Kimball Park on November 10, 2007 from 1 p.m. to 4 p.m. PREPARED BY Joe Olson, 336-4210 EXPLANATION DEPARTMENT Building & Safety This is a request from Girl Scouts San Diego Imperial Council to conduct the Girl Jam Girl Scout Recruitment event at Kimball Park on November 10, 2007 from 1 p.m. to 4 p.m. This event is a recruitment event for Girl Scouts, where existing members showcase what Girl Scouts has to offer. The event features approximately 10 booths featuring games, crafts, and other activities, including Karaoke. Sealed snacks and beverages will be distributed. Jamba Juice and Daphne's Greek Cafe will also be serving food at the event. The event organizers request the use of the full City stage system. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 for processing the TUP through various City Departments and $937.06 for Public Works. Total Fees: $1282.06 Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION ( ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. L A-200 (9/99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Girl Scouts San Diego Imperial Council EVENT: Girl Jam Recruitment Event DATE OF EVENT: November 10, 2007 at Kimball Park TIME OF EVENT: I p.m. — 4 p.m. APPROVAIS: PLANNING RISK. MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE BUILDING & SAFETY CITY ATTORNEY CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 YES [ x ] NO [ ] SEE CONDITIONS [ 1 YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ 1 SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS I YES [ x ] NO [ I SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS 1 x 1. The organization holding this event and each vendor present at this event must have a separate business licence. 2. A list of all participating vendors (with their address, phone #, and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business licences CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FiRE (619) 336-4550 I . Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, arc to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between above mentioned tents and canopies. A permit from the Fire Department must be obtained if the event meets these criteria. Fees can only he waived by the City Council. 3. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy five (75) feet. 4. 40-B:C dry chemical tire extinguishers shall be provided where deep -fat flyers are used. 2-A: I O-B:C fire extinguishers are required in each cooking booth. 5. All canopies used in cooking areas are to be tlame-retardant treated, with an approved State Fire Marshal seal attached. 6. Metal cans shall be provided if coals are being used. The can must be labeled "IIOT COALS ONLY" for used charcoal disposal. RISK MANAGER (619) 336-4370 i've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park. The logistics of the event appear reasonable and do not pose any unusual liability exposure, except for the "rock wall". If that is another term for a climbing wall, we will need to ensure there is sufficient Liability coverage to respond to any injury claims. The applicant sponsoring organization, Girl Scouts San Diego -imperial Council, has signed the Iiold Harmless and Indemnification Agreement; however no certificate of insurance has been attached to the application. The contact person must be asked to provide a current insurance certificate prior to the scheduled date of the event and i would suggest liability limits of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. A notation on the certificate is not sufficient. Let me know if you will contact the sponsor regarding my concerns regarding evidence of insurance coverage or if you would like me to do so. Ashley K. Fenton Risk Manager X4370 PUBLIC WORKS Street Division 1. No involvement. Parks Division: 1. Council Policy 704 restricts the use of the park, minimum of six (6) weeks between special events. We have an event scheduled for October 13'h, I)ia de la Mujcr Latina. 2. The cost to provide park maintenance personnel for this event is estimated to be $737.20 for stage set up and breakdown ($92.15 x 8 hours) Facilities Division: 1. Claudette Steinhauer informed me she will provide tables, chairs and canopies for booths. 2. The cost to provide city electrician to hook up the stage, appliances, etc for this event is $199.86 for electrical hook ups and removal ($33.31 x 6 hours). Fees Unless waived by the City Council, the applicant shall pay $937.06 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $737.20 (acct. #10.5-422-000-102) Facilities Division: $199.86 (acct. #626-422-223-102) Total: $937.06 BUILDING & SAFh"[Y (619) 336-4210 It is the applicant's responsibility to provide written notification to occupants of property adjacent to Kimball Park for an event. A written notification shall he provided to the Building & Safety Department for approval prior to mailing. A notification should be provided to the management at Morgan/Kimball Towers. Property occupants should be notified no less than 72 hours prior to the start of the set-up activities for the event. Actual Event Hours: / am/® to f am/ ) Setup/assembly/construction Date: I)/I0 A 7 Start time: Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening Festival Circus _ Block Party Other Community Event Event Title: Girl Lek YYl — C,1 ✓' I CoO+ QCxo i 17 a..4 - E_1 ' Event Location: 11--\ m \\ ----C,‘.`c K_ Event Date(s): From 110101 to 11 01 U'1 Total Anticipated Attendance: `700 MonthlDay/Ye r ( 100 Participants) ( Spectators) Please describe the scope of your setup/assembly work (specific details): Ta hl es, C V,a rs oy\cQ Cop +es Vcrr- booths. �OCJ2 L3al t) d t r ecb a nal 81�(' rcic.. . Dismantle Date: 1 I ?A J Completion Time: `7 a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. I,oi ci? P pl lecbl-e__ Sponsoring Organization: 6%C ( SCCAAS ScrY1 Dielo lyrr(Ipir►AI C `For Profit X. Not -for -Profit Chief Officer of Organization (Name) 1e�lloie "J ` Par Applicant (Name): (Name): I1 [Q LA-0-4-2- 3t i V\ i .tA.. Address: I ail 1CX\ c] - bte(D C jt ?2 O? Daytime Phone: (101 f) 121Q 67I ? Evening Phone: ( ) Fax: (Wi) g - 7 / Contact Person "on site" day of the event: rctiA.td Q}-I^e S( Yt k tje r- Pager/Cellular:CLQ ) 300 349 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? )( YES NO Are admission, entry, vendor or participant fees required? ), YES NO If YES, please explain the purpose and provide amount(s): 5.00 ivy.t r 1 cures ti fall e for ci 11 $ 150 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 141460 Estimated Expenses for this event. $ 15 V What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about thq event. Giv-( icvy-ri c& rrvQmbe rsk I o t'Lc.r-w ¥r " 4 `4 t- .pr'oLt ci-es oQPes-{-)v0 (h es -Cyr exisi-irn 6i(1 S(Otr}S sho w Cc e. t..314 1-1.uy e-n30 9 ciboo-- Ffialmwi Qnd darnry, 1)nI coilaboreAbrr 1-to skv.kre trJ,�� r s Trwp boc s Loa 11 C;rc�Tl5 )3c vyl.S �tvick o�t-Pr Qchv'bes 7(Jl t4 s. Gf s, W' t C .0 rre n.V 4 Y d. non- wO;\ l t , cdfr v cQ 4.11 c ch rn") s tat l t have a Y, o ppCY'r -OY) 111 `Z 1-&-e roc(cc�a t 1Qnd ()CV- i n kct ra.o k_e . tUc n m e vnkbe►cs be- t n betas -rt 6t I l GC oc) f -s a Y\ci kie a bt e_ -Vt (9-J1- %(30v-i- cs. o ► v\- s r `I o /a 0 12a%0)'i . x YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _YES yNO YES _ NO YES _`7_1�-�ii�a Does the event involve the sale or use of alcoholic beverages? WII items or services be sold at the event? If yes, please describe: 'fliNP_onlae.ra'•k p 6 r 1 Sc.() Jfs / -t> ' £v le S iNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1 0 Sizes IC) X 10 in 4 X p NOTE: A separate Fire Department permit is required for tents or canopies. V` YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas r Please describe how food will be served t the event: d{5iy4 boo- . se kl -e Q�j e o- k , Food (fo \ 0/.p•/"S Loi 1 i �le btu, n,ePoo cot ' Li c evts 0.r1 hail d61, err i-mn.-.1- r m,ecf ► estu v ra n c-e --1,04 b5k,10 ,) If you intend to cook food in the event area please specify the method: 1 GAS ELECTRIC CHARCOAL )( OTHER (Specify): CLe-Wriltzc.n n ant o Csovn p (0-6 k+►n > Portable and/or Permanent Toilet Facilities Number of portable toilets: 3 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity W� Canopies or tent locations (include tent/canopy dimensions) +r �u ��' Booths exhibits displays or enclosures PI � cc U Of e r-t/ S Scaffolding, bleachers, platforms, stages, grandstands or related structures / Vehicles and/or trailers n t +room 1 tv� a�' Other related event components not covered above r t Trash containers and dumpsters br• e . - e i �J (Note: You must properly dispose of waste and garbage throughout the to of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Va ,�Ln.� e C�INcck s `;2? e�e-uu d u m ` as ikte( ed , r Ckvlc Q vi pvr\-e.✓t4— i 2 Please describe your procedures for both Crowd Control and Internal Security: all C r( Uf90i-s are. C- Vt r4 FD LOOCtlr p0 1 sus do`u Cx•c(Isev10CEd.c..k rQ . V61 un CQv4 sue(- O l l YES 04 NO Have you hired any Professional Security organizationhandle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address:.. Security Director (Name): Phone: YES , NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. G►r 1 SC�c��S wt t 1 c rbul �Q '�-tm.i ►io4 4' rSf l 1 G(.e-i'' 01-oI )0l-e Iocah Please describe your Accessibility Plan for access at your event by individuals with disabilities: WeA4 Loc b Dy\ 1.a CZCC-e 7 bf Ali 4 y Y ilS^ j�� n 5 � ,� � it:. Y� t � .1 1 : ♦ JS `lam, i_ y q' F w Y c t F+ s. .H+a�a�y a( ii. x F '.t. as t,•..a. �p h.acv-A' Ri�j P K•M y a '^ l a+Y a a. Nl";✓. 4Y9aFfi .i q l .`.r.: a- ..:.` 1Vh!!YA11�-MMaC•�Yfiha�iw# :'..Lr' F n4 i,.(.a . Please provide a detailed description ofyour PARKING plan:. Con r wtahmx pos t-carof I2 d pi(hac j vi4s cork_ vo.vkii,ox t h-Fo rn c-Un l fit-, D fe , R k lei s - to i 11 coy-. e;o its -+ Girls C11i�-1=a 1 - u'J kabpr I i Please describe yo RJplan for DISABLED KING: Litre._ parr ktnoj direct_ ta ctipE,rcr\cd-,e 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: PP (�.lQ ICe 1 fit' (i►l-loctc - v13,0 del-ern-4— v,)v Qt \Q 4--clryi vtn11 r19( �o S NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: % `r Type of Music: 4Vp 1401 CS-x c IdV'Qtns ( YES NO Will sound amplification be used? If YES, please indicate: YES YES. NO Start time: a Finish Time am// Will sound checks be conducted prior to the event? If YES, please indicate: Start time: _ 12.30_ - _am/'prn Finish Time /a . /i S am/pm Please describe the sound equipment that will be used for your event: YES _X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: A YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: C9‘iI Scaci`trC (>yv<_.k Q-- lcr�es�c &na 1 t 1 _- ✓b pry . Revised 08/10/05 5 Event: For Office ce 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. ((�� Organization C� f r , SCo() A-S &t(1 blew) ` i(1C1X Ci1Ct VA( Person in Charge of Activity ( u) S V vQY Address •?). 1 up Sew) btr? (14 "f 24 03 Telephone (1 °t (W (5-) I 9-"Date(s) of Use 1VovQ n 101 2607 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. c� Signature of Applicant Official Title Date `71 2-3 I 01 or Office Use Only Certificate of Insurance Approved Date REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization CDt r I S C Sok fl-UQ1-i% aQ (c)nr t 7 I C Type of Organization \ xM, D Ciflt2ary15 �.d,-ve�pl aceskcp tt. (Service Club, Church, Social Service Agency, etc.)v e Xs i 1- r,S e1-'l • 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. 1' No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. K No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? g ture Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) ;4/4. Dat/3,Jcv7 9 r...w of al'1�-F ' i Sr.9�Mna Off• - 5E City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 21, 2007 AGENDA ITEM NO. 20 ITEM TITLE: Request by the National City Chamber of Commerce to use the MLK Community Center for Taste of National City on September 27, 2007 PREPARED BY: Rudy Lopez4- DEPARTMENT Community Services (619) 336-4560 EXPLANATION: The National City Chamber of Commerce has requested use of the Martin Luther King Jr Community Center for the Taste of National City on Thursday September 27, 2007 from 5:00 pm to 8:00 pm. Organizers must adhere to the attached stipulations from various City departments. This request is consistent with City Council Policy 4803 which governs the use of the center. Environmental Review N/ Fin nclal Statement Ap roving the request for use will result in fees of $1,733.48 plus $160 in refundable deposits. As a City co- spo 'ored event, up to $1,500.00 in fees are eligible to be waived leaving a balance of $233.48. STAFF RECOMMENDATION Approve the request for use. BOARD/COMMISSION RECOMMENDATION N/A fTACHMENTS (Listed Below) Resolution No. 1. Facility Use Application 2. Stipulations NC Chamber of Commcerce MLK North Room September 27, 2007 5pm-8pm Taste of National City Description Rate Amount Dining for 400 people 12hrs x 87.95 $ 1,055.40 PW Staff 8hrs x 22.26 $ 178.08 Building Use Fee 50.00 $ 50.00 Kitchen Use Fee 50.00 $ 50.00 $ 1,333.48 Facility Sub -Total Street Division $ 400.00 Streets Sub -Total Custodial Deposit Kitchen Deposit $ 1,733.48 Fee Grand Total $ 100.00 $ 60.00 $ 160.00 Total Deposit ���illlllll�h�� THE CHIMBER Mr. Rudy Lopez Acting Director City of National City Community Services Department 140 Fast 12th Street Suite A National City, CA 91950 August 1, 2007 Dear Rudy, 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationolcitychamber.org The National City Chamber of Commerce is requesting the use of the Martin Luther King Recreation Center facilities on Thursday, September 27, 2007 to hold the annual "Taste of National City" event. 'fhc time of the event is from 5:00 PM to 8:00 PM. This event highlights our National City restaurants and gives these small businesses unparalleled exposure to the public for promoting their restaurant. Roughly, 400 people attend this event. Thank you for considering our request. I may be reached as the point of contact for this event at 619.477.9339. Sincerely, olleen A. Alarcon Executive Director National City Chamber of Commerce City of National City Facility Use Application 140 E. 12th Street, Ste •& National City, CA 91 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Crtin Luther King Jr. Buiidin North Room South Room Entire Facility Date(s) of Use: Time of Use: From: Kimball Senior Center Casa De Salud cn Day(s) of Use: /PM To: ) 0 AM/ rn6e,-41 clea7 INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: _.__ Is the event open to the public? Name & Address of Organization/Group: Non-profit organizatio no Anticipated Maximum Attendance: Will Admission be charged? VY/I _ Amount $ Will this be a Fund Raising Event? Equipment Requested: Tax ID # cu-0 tti Percentage of National City Residents jJ� # of chairs # of banquet tables _ _ / _ Stage _A____ Podium/Microphone Use of Kitchen: / _ Yes _ No Use of Gas for Range and Oven: Yes t/No Is the Use of Alcohol Requested? /(/) Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? /YES NO 14net Name: Phone: Name: Phone: How many times in the last twelve months have you requested to use a City Facility? I It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. [, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FQR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. / r DATE COMPLE 1 ED: _ , .1 , i1 PRINT NAME: SIGNATURE: '_ ADDRESS t APPLICA T: '/ �Q 'JL l-e ei CITY, STATE, and ZIP CODE: /� 45, n PHONE: DAY MAW, q3 EVENING EMAIL: L 1 XJ- Cia'iJ11 ILlftygaBER:: 6q. L l 1. `JDI d CONTACT PERSON ON THE DAY OF THE EVENT: r HOME PHONE: (1 I4 ) IZ!(/�,..c,eA3 CELL: (on ) 01 ,3 SZ3 Please type or print dearly with a ballpoint pen. Complete application rfiust be submitted and payment submitted in advance of the event. Rental Amount Received: Deposit Amount: _ __. Deposit/Key Returned: Check Key Issued: YES Community Services Staff Only- - Receipt Number: NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign.the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: A,liaP1iT/WV{t Ambei Oftort)Yl eig& Person in charge of activity: /)�'" I) tIe&Vi , / A IAlra � Address: 4O 1 '' IIn16�)l & it W �acc 10 T 6�1G�C Gl�t�} `1 50 __/_�_ Telephone: fo1 7'l-1,Q.2,jq E-Mail: (bilge0ri irna/�,f aIam Ogg City Facilities and/or property requested: 01811 Lufher l 71tee.y-t7 t,cn'rf'el Date(s) of use: _ex�tPM►be•� (9l 20 j c HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. 9 o ignature f pI Official iciaI Time Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: di4Zir 74_ Dom✓ WL, _4,2 C 4.(2/2aLlfk t-a4,J heA) A e.• ,d&AenL 7L7v YES /NO Have you hired any Professional Security organization to handle'. security arrangements for this event? If YES, please list: Security Organization: _ .. Security Organization Address: Security Director (Name): Phone: _ 5 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must al Name: Contact phone number the day of event: e 21 years of age or older. YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Public Works Community Services Risk Management Police Department Fire Department Building and Safety _ Engineering Finance Department Planning Department Yes No Condition(s) of Approval Specific Conditions of Approval: Date Initial 7 f) o ° 9,),gtis5t2 r-I 770/ci 0 i CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 atnil TEMPORARY USE PERMIT - STIPULATIONS DATE: August 6, 2007 TO: Joe Olson, Building and Safety Department FROM: Robert Hemandez Deputy Fire Marshal SUBJECT: Taste of National City Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Occupancy as follows: • North Room - Dinning (300) Dance Assembly - 630 • South Room - Dinning (75) Dance Assembly -160 • Total Dinning — (375) Total Dance Assembly (790) 3) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 4) 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy five (75) feet. 5) 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. 2-A:10-B:C fire extinguishers are required in each cooking booth. 6) Banners decorations or tables shall not be hung from the ceiling or placed in a way that could obstruct exit signs and emergency egress If you have any question please feel free to contact me at (619) 336-4550. CITY OF NATIONAL CITY PUBLIC WORKS DEPARTMENT 2100 HOOVER AVENUE, NATIONAL CITY, CA 91950 TEL: 619/336-4580 FAX: 619/336-4594 www.ci.national-city.ca.us August 9, 2007 To: Rudy Lopez, Acting Community Services Director From: Joe Smith, Public Works Director Subject: Temporary Use Permit — Taste of National City September 27, 2007, 5 pm — 8 pm Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division 1. Staff will install banners over National City Boulevard in the 1800 Block and 2900 Block. 2. The cost to provide Street personnel support to install the 2 banners will be $400. This amount should be paid to the City, unless waived by the City Council. Parks Division No involvement Facilities Division 1. The cost to provide custodial coverage is $178.08 (2 custodians x 4 hours each @ $22.26 per hour) Fees Unless waived by the City Council, the applicant shall pay $578.08 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $400.00 (account #001-422-221-102) Facilities Division $178.08 (account #626-422-223-102) Total: $576,08 CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard National City; CA 91950-4301 Phone: (619) 336-4220 Fax: (619) 336-4327 E-mail: attorney(a ci.national-citv.ca.us TEMPORARY USE PERMIT APPLICATION APPROVAL SPONSOR: NC Chamber of Commerce EVENT: Taste of National City DATE: September 27, 2007 DEPARTMENT: City Attorney Approved: FrYes ❑ No [(.If this box is checked, the following conditions of approval are required. Specific conditions of approval: Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Date: August 2, 2007 Approved by: /J GEORGE f. EISER, III City Attorney TEMPORARY USE PERMIT APPLICATION -RESPONSE EVENT: Taste of National City EVENT DATE: 9/27/07; 5pm to 8 pin TARGET COUNCIL DATE: August 21, 2007 TO: Joe Olson, Building and Safety Department COMMENTS: I've reviewed the application for the proposed use and note that the event will be held primarily on City property at the MLK Recreation Center. The logistics of the event appear reasonable and do not pose any unusual liability exposure. The applicant sponsoring organization, National City Chamber of Commerce, has signed the Hold Harmless and Indemnification Agreement and has provided a certificate of insurance, which evidences sufficient liability coverage for an event of this type. However, the insurance policies referenced on the acord form (certificate) both expire 9/22/07, before the date of the event, which is 9/27/07. The contact person must be asked to provide a current insurance certificate upon renewal, prior to the scheduled date of the event and the same or equivalent coverages must be obtained. Further, the City of National City, its elected officials, officers, employees and agents must be named as additional insureds on the CGL policy pursuant to a separate endorsement which needs to be provided, along with the certificate (acord form) prior to the event. A notation on the certificate is not sufficient. In fact, the certificate provided looks like it pertains to another event entirely, a car show. Let me know if you will contact the sponsor regarding my concerns regarding evidence of insurance coverage or if you would like me to do so. Ashley K. Fenton Risk Manager X4370 August 1, 2007 'f'or Office Use Only Event: 1aSt f. OP KGB-- t\ t o Department Tkit/ AA/t -fust,ottjaA Lttte 0 ' 07 Approved? Yes No soqiiiwOonclitions of Approval Initial A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are s� ' 'he organization holdin : this event If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) Council Meeting Date: Approved: Yes Vote: Kathleen Frees, Director Building & Safety Department Event: For Office 'Use OnCy "TRH oJc J�/9T76iI L C r/ Department Date y-6-7 Approved? Yes _ No Initial Specific Conditions of Approval CT. 111 t✓i(-L & a eft9-ve o FJ C1V C Je h t/u-z. J 0 cipiPr-) kw 4 ,9;-dc sav f)J -1--c2-/7-/e-to 4467--\/ Pro yid,paw Council Meeting Date: Approved: Yes Vote: Kathleen Trees, Director Building & Safety Department 6 for Office 'Ilse Only Event: Department Approved? Yes Specific Conditions of Approval Date ek/h7 Initial Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Departrnent For Office Ilse Only Event: ''( ��� Department �,� IA t4� �Date "` -lt Approved? Yes No /% nitial Specific Conditions of Approval Council Meeting Date: Vote: Kathleen Trees, Director Building & Safety Department City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 21, 2007 AGENDA ITEM NO. 21 ITEM TITLE: Request by the National City Collaborative to use the MI,K Community Center for a Kinship Event on October 20, 2007 PREPARED BY: Rudy Lopez('" DEPARTMENT Community Services (619) 336-4560 EXPLANATION: The National City Collaborative has requested use of the Martin Luther King Jr Community Center for a Kinship Event on Saturday October 20, 2007 from 8:00 am to 2:00 pm. This request is consistent with City Council policy #803 which governs the use of the center. The applicant has also requested a waiver of fees. Environmental Review N/A Financial Statement Approving the request for use will result in fees of $893.56 plus $100 in refundable deposits. STAFF RECOMMENDATION Approve the request for use with no waiver of fees. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Facility Use Application National City Collaborative MLK North Room October 20, 2007 8am-2pm Kinship Event Description Assembly for 140 people PW staff Building Use Fee Custodial Deposit Rate 6hrs x 117.26 4hrs x 35.00 50.00 Amount $ 703.56 $ 140.00 $ 50.00 $ 893.56 Total Fee $ 100.00 $ 100.00 Total Deposit 2325 Euclid Avenue National City, CA 91950 (619) 336-8659 Office (619) 336-8646 Fax Promoting community and family well being through partnerships. July 22, 2005 City of National City Community Services Department Attn: Mr. Rudy Lopez 140 East 12th Street, Suite A National City, CA 91950 Dear Mr. Lopez: The National City Collaborative (NCC) requests your sponsorship and a waiver of all use fees associated with the Martin Luther King, Jr. Center. NCC is hosting an event "Celebrating Our Culture and'teritage" for kinship families, and in conjunction with South Bay Community Services, YMCA Kinst Stipport Services Program, Casey Family Programs, Focus on Kinship, and the County of 5 � ate ..Child Welfare Services. We believe the use fees would be more effectively tihzed to {` benefits to the kinship families in our community. This facility is a torAiglAdattee.�, kinship families of National City. Y :00 p. rsess to Oturday mor(1, application form, this event is planned for October 20, 2007, from 9:00 a.m. additional hours needed for set-up and teardown. We would like to have nter on Friday evening (October 19th) from 6:00 to 7:00 p.m. and again on ,t 8:00 a.m. to complete all of our set-up activities. The fis 'i=' nt for National City Collaborative is National School District (NSD), and our contracted employing agency is South Bay Community Services, a 501(3)c non-profit agency. A certificate of insurance (National School District), naming the City of National City as additionally insured, is on file in your office and the renewal for July 2007 — July 2008 is in progress. I hope you will give this request serious consideration and agree to partner with us for this worthwhile event. If you have any questions, please call me at (619) 336-8643. Sincerely, >4Se R. Rosas, M.S.H.R. Ex cutive Director SRR/csr Enclosures: Application for Temporary Use Permit Certificate of Insurance (NSD) 501(3)c non-profit agency - IRS Letter (SBCS) Partner Agencies APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: NATIONAL CITY COLLABORATIVE / NATIONAL SCHOOL DISTRICT Business Address: 2325 EUCLID AVENUE, NATIONAL CITY, CA 91950 Name of Applicant: SERGIO ROSAS, DIRECTOR (CONTACT: CAROLE RIBLEY) Address: SAME AS ABOVE Telephone Number: day: (619) 336-8638 cell: (619) 818-3012 Type of Function: CELEBRATING OUR FAMILIES CULTURE AND HERITAGE Date(s) Requested: OCTOBER 19-20, 2007 Decorating Time: 6 p.m. to 7 p.m. 10/19/07 Function Time: 8 a.m. to 2 p.m. Clean up Time: 2 p.m. to 4 p.m., Use of Kitchen: X No Number of Participants: +l- 400 Will Admission be charged? NO If yes, Amount $ N/A Will this be a fund raising event? NO Will alcohol be served? NO If yes, ABC Permit Submitted? N/A Certificate of Insurance attached? ON FILE (UNDER NATIONAL SCHOOL DISTRICT)** Special configuration of tables or chairs required? YES If yes, attach sketch. Special equipment required? YES If yes, attach list. Copy of Rules & Regulations provided? Initials Certificate of Insurance attached? ** How many times in the last two years have you used the Community Center? 0 If applicable, how much did you pay for building and/or custodial fees? $ N/A I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. /1 1 nThJULY 16, 2007 Si¢fiature of Applicant Date rev.02/03 CITY OF NATIONAL CITY HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR USE OF PUBLIC PROPERTY Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization NATIONAL CITY COLLABORATIVE / NATIONAL SCHOOL DISTRICT Person in charge of activity SERGIO ROSAS, NCC — EXECUTIVE DIRECTOR Address: 2325 EUCLID AVENUE, NATIONAL CITY, CA 91950 Telephone: (619) 336-8643 City facilities and/or property requested: MARTIN LUTHER KING, JR. COMMUNITY CENTER Date(s) of use: SATURDAY, OCTOBER 19-20, 2007 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permit holder or its agents, employees or contractors. ` �)1 EXECUTIVE DIRECTOR JULY 16, 2007 Si nature,. f Applicant Official Title Date Certificate of Insurance Approved by Name and Title rev. 02/03 Page 2 -- Use Agreement Martin Luther King Jr. Center — North and South Rooms Celebrating Our Culture and Heritage — Community Kinship Event October 20, 2007 — 8 a.m. to 4 p.m. (Set-up as soon as access is feasible). Contact: Sergio Rosas (619) 818-3012 cell South Room- The plan is to have a children's arts and crafts area. We will need enough 8-ft. tables and chairs to accommodate 50-60 young people. North Room - The plan is to have 20 8-ft. tables around the perimeter of the room and have 6-9 (8-person) round tables w/ chairs in the center of the room for folks to sit and enjoy their food. Glass Doors Flags (STAGE) (Podium, microphone & speakers) os 0 20 8-foot tables (or best fit) surrounding the perimeter of the roo w/ 3 chairs each on the wall side (behind table & facing the center of the room). Tables & Chairs O ,D cs South Room Children's Arts & Crafts Area Tables & Chairs ( ) for 50-60 children Open Partition to children's area North Room Resource & Refreshments Area 7-10 Round Tables w/ 8 Chairs each Tables & Chairs c,c)) Tables & Chairs 0 3 6 7-17:2007 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE August 21. 2007 AGENDA ITEM NO. 22 (ITEM TITLE RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT COMMISSION'S INVESTMENT POLICY PREPARED BY DEPARTMENT Jeanette Ladrido, Finance i for ('ommunity Development Commission/Finance Dept EXPLANATION The Community Development Commission's (CDC) Investment Policy is herewith submitted for incorporation into the CDC's policy manual and to be reviewed annually. Environmental Review N/A Financial Statement N/A Account No STAFF RECOMMENDATION Staff recommends to adopt the Resolution approving the Investment Policy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Investment Policy Resolution No. l A-200 (9/80) RESOLUTION NO. 2007 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AMENDING THE CDC INVESTMENT POLICY TO PERMIT THE CDC TO PARTICIPATE IN THE CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS) INVESTMENT PROGRAM BE IT RESOLVED by the Community Development Commission of the City of National City (CDC) that the CDC's Investment Policy, dated August 21, 2007, is hereby approved as recommended by the Finance Director, in order to permit the CDC to participate in the Certificate of Deposit Account Registry Service (CDARS) Investment Program. PASSED and ADOPTED this 21st of August, 2007. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 1 Purpose The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment -related activities. Related activities which comprise sound cash management include accurate cash flow projec- tions, control of disbursements, expedient collection of revenues, cost effec- tive banking relations and a short term borrowing program which coordinates investment opportunity with working capital requirements. The ultimate goal is to enhance the economic status of the Community Development Commission of National City, (hereinafter "CDC"), while protecting its pooled cash re- sources and to provide broad guidelines to the officer of the CDC charged with the responsibilities for investment of temporary idle funds. The investment policies and practices of the CDC are based on state law and prudent money management. All funds will be invested in accordance with the CDC's Investment Policy and the authority governing investments for mu- nicipal governments as set forth in the California Government Code, Sections 53601 through 53659. The investment of bond proceeds are restricted by the provisions of relevant bond documents. Policy Temporarily idle funds will be invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the CDC and conforming to all state and local statutes governing the investment of idle funds. Scope This policy applies to all financial assets of the CDC accounted for in the CDC's Comprehensive Annual Financial Report and any new fund created by the City Council, unless specifically exempted. CDC OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 2 Standard of Prudence Investments shall be made in context of the "Prudent Investor" rule, which states that: "Investments shall be made with judgment and care, under circum- stances then prevailing, which persons of prudence, discretion and in- telligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." This standard of prudence shall be applied in the context of managing an overall port- folio. Investment officers acting in accordance with written procedures and the in- vestment policy and exercising due diligence shall be relieved of personal responsi- bility for an individual security's credit risk or market price changes provided devia- tions from expectations are reported in a timely fashion and appropriate action is take to control adverse developments. Objective The primary objectives, in priority order, of the CDC's investment activities shall be: Safety: Safety of principal is the foremost objective of the investment program. Investments of the CDC shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, di- versification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of overall portfolio. CDC OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: investment Policy ADOPTED: October 23, 1990 (from City's Policy If203) REVISED Aug 6, 2007 3 Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The CDC shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk: Credit risk, defined as the risk of Toss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the high- est as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the CDC's cash flow. Market risk: Market risk, the risk of the market value fluctuations due to overall changes in the general level of interest rates, shall be miti- gated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus elimi- nating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions -that is, selling securities which the CDC does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be con- sidered within the context of the overall investment return. Liquidity: The CDC's investment portfolio will remain sufficiently liquid to en- able the CDC to meet all operating requirements which might be reasonably anticipated. An adequate portion of the portfolio should be maintained in liquid short term securities which can be converted to cash and guarantee the CDC's ability to meet operating expenditures. CD(' OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 4 Return on investment: The CDC's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the CDC's investment risk constraints and the cash flow characteristics of the portfolio. The market -average rate of return is defined as the twelve-month average of the return on the six-month U.S. Treasury Bill. Whenever possible, and con- sistent with risk limitations, as defined herein, and prudent investment princi- ples, the Treasurer shall seek to augment returns above the market- average rate of return. Delegation of Authority Management responsibility for the investment program is hereby delegated to the Fi- nance Director, who shall establish written procedures for the operation of the invest- ment program consistent with the investment policy. The oversight responsibility for the investment program is hereby delegated to the Treasurer who shall monitor and review all investments for consistency with this investment policy. Procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority of persons responsible for investment transactions. No person may engage in an investment transaction except as pro- vided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate offi- cials. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from per- sonal business activity that could conflict with proper execution of the investment pro- gram, or which could impair their ability to make impartial investment decisions. Em- ployees and investment officials shall disclose to the City Manager any material finan- cial interest in financial institutions that conduct business with the CDC, and they CDC OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23. 1990 (from City's Policy #203) REVISED Aug 6, 2007 5 shall further disclose any large personal financial investment positions that could be related to the performance of the CDC's portfolio. Employees and officers shall sub- ordinate their personal investment transactions to those of the CDC, particularly with regard to the time of purchases and sales. Authorized Financial Dealers and Institutions The Finance Director will maintain a list of financial institutions authorized to provide investment services. Investments will be placed with SEC registered broker dealers only. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Com- mission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made ex- cept in a qualified public depository as established by state laws. An annual review of the financial condition and registrations of qualified bidders will be conducted by the Finance Director. A current financial statement to be submitted annually is required to be on file for each financial institution and broker/dealer in which the City invests. Broker/dealers are also required to provide proof of NASD certification and proof of State registration. The Finance Director shall provide a current edition of the Investment Policy to all dealers/brokers which have been previously approved to handle investment transac- tions. Receipt of the policy, including confirmation that it has been reviewed by per- sons handling the CDC's account should be acknowledged in writing prior to com- mencing to trade. Authorized and Suitable Investments Security purchases and holdings shall be maintained within statutory limits imposed by the Government Code. The Finance Director will maintain a list of permissible in- vestments and the current limits for each type of investment. ELIGIBLE INVESTMENTS Investments may be made in securities which are permissible investments under the California Government Code, as they now read or may hereafter be amended, from money in the treasury not required for the immediate necessities of the CDC. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY '1'1'1'I,F.: Investment Policy ADOPTED: October 23, 1990 (from City's Policy 11203) REVISED Aug 6, 2007 6 The following are the criteria for eligible investments: 1. All investments of the CDC shall have the CDC of National City as the regis- tered owner and shall be kept in the custody of the CDC or by a qualified safe- keeping institution. 2. Investments shall be diversified among institutions, types of securities and maturates to maximize safety and yield with changing market conditions. 3. Investment of funds through authorized broker/dealers and in permitted finan- cial institutions. 4. Investments should have a final maturity of 2 years to reduce any Interest rate risk of fund. The "Prudent Rule Investor" shall apply under certain market condi- tions to go beyond 2 years if the instrument has a callable, transferable, negotia- ble feature in which maturity would fall within the limits of the California govern- ment Code section. 5. No derivatives will be allowed in the fund, including inverse floaters, range notes, interest only strips from Collateralized Mortgage Obligations (CMOs) or any security that could result in zero interest accrual if held to maturity. 6. Permissible Investments as allowed in Government Codes 53601, 53635, 53637, 53652 and 43653 are as follows: GOVERNMENT OBLIGATIONS consisting of U.S. Treasury and Agency obligations which are issued at the federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of Federal Agencies, Government Spon- sored Enterprises and International institutions. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. The maximum matur- ity shall he 5 years with a minimum credit requirement of AAA which all U.S. Treasur- ies and Agencies are currently rated. BANKER'S ACCEPTANCE is a draft or bill of exchange accepted by a bank or trust company and brokered to investors in the secondary market. The maximum maturity of an issue will be 180 days. Issuers must be at or above the following investment CITY OF NATIONAL CI"I'Y COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL. CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 7 grade from the rating firms of Fitch - F1, Moody's - P1 (A when applicable), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 5% of the portfolio value. COMMERCIAL PAPER are short-term, unsecured obligations issued by firms in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity or some other support agreement. The maximum ma- turity of an issue shall be 180 days. Issuers must be at or above the following invest- ment grade from one of these rating firms: Fitch - F1, Moody's - P1 (A when applica- ble), Standard and Poor's - Al (A when applicable). The maximum exposure shall be no more than 15% of the portfolio value. NEGOTIABLE CERTIFICATES OF DEPOSIT issued by FDIC insured commercial banks and thrift institutions. Funds are deposited for specified periods of time and earn either a fixed or variable interest rate. The maximum maturity of an issue will be generally be no more than 2 years on new investments. Certain exceptions can be made upon the discretion of the Finance Director. Issuers must be at or above the following investment grade from the rating firms Fitch - CD or AA, Moody's - P1 or AA, Standard and Poor's - Al or AA. Issue is limited up to $100,000 unless collateral- ized. Collateralized investment issue is limited to $4,000,000. No more than 30% of the portfolio value can be invested in any combination of negotiated certificates and Certificates of Deposit Account Registry Service (CDARS). CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE (CDARS). Allows for FDIC coverage of deposits of greater than $100,000 when funds are invested through a "deposit placement service". The CDs are in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance. No more than 30% of the portfolio value can be invested in any combination of certificates of deposit issued through a private sector deposit placement service and negotiated certificates of deposit. COUNTY OF SAN DIEGO TREASURY POOL. Investment of funds in the County of San Diego Treasury which allows the County Treasurer -Tax Collector to invest local funds through a pooled concept. LOCAL AGENCY INVESTMENT FUND (LAIF) is a pooled investment fund through the State Treasurer. This is a liquid investment that has no maximum maturity. CITY OF NATIONAL CITY COMMUNiTY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 8 INVESTMENT TRUST OF CALIFORNIA (CaITRUST) is a pooled investment pro- gram through the CaITRUST Joint Powers Authority, authorized by Government Code Section 53601(o). CaITRUST provides three pooled account options (Short - Term, Medium -Term and Long -Term). The CaITRUST Short -Term Account provides daily liquidity; the Medium -Term and Long -Term Accounts permit monthly deposits and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Government Code; and no leverage is permitted in any of the accounts. The Finance Director shall have the authority to adjust the investment portfolio per- cent distribution and maximum maturities depending on certain market conditions in accordance with the terms of the government codes. INELIGIBLE INVESTMENTS investments not described herein, including, but not limited to, reverse repurchase agreements, common stocks, and corporate notes and bonds are prohibited from use in this portfolio. Further, investments which exceed five years in maturity require au- thorization by City Council prior to purchase. Collateralization To secure active or inactive deposits, the amount of securities placed with the deposi- tory shall at all times be maintained as specified in California Government Code 53652 and pursuant to Section 53656 and 53658, The Finance Director is authorized to waive collateral for Certificates of Deposits to the extent of FDIC or FSLIC insur- ance coverage. Marketable securities which are provided under a repurchase agreement shall be held by the CDC's safekeeping agent at a market value greater than 100%. Request for collateral substitutions and releases are subject to the Finance Director's ap- proval. Safekeeping and Custody All investments of the CDC shall have the CDC of National City as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. CI'l'Y OF NAI'IONAT, CITY COMMIJNITY DEVELOPMENT COMMISSION OF NATIONAL. CITY POLICY TITLE: investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 9 Diversification The CDC will diversify its investments by security type and institution. With the ex- ception of U.S. Treasury securities, Certificates of Deposit, Certificate of Deposit Ac- count Registry Service (CDARS), and the Local Agency Investment Fund pool, no investment may be made that would, as of the date a particular investment is being considered, result in having more than 15% of the CDC's total investment portfolio being invested in a single security type or with a single financial institution. Non -Discrimination The CDC shall not knowingly make any investment in any financial institution and broker/dealers that practices or supports, directly or indirectly through its actions, dis- crimination on the basis of race, religion, color, creed, national or ethnic origin, age, sex, or physical disability. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the CDC's investment risk constraints and cash flow needs. The basis to be used by the Finance Director whether market yields are being achieved shall be the twelve-month average of the six-month Treasury Bill. Allocation of Investment Income Investment income shall be allocated to the General Fund unless otherwise directed by law. Any statutory allocations to restricted funds shall be made in proportion to the ratio of restricted fund balances to the total pooled balances. CI'!V CVF,' NA'I'IC)NAI ('I'IV COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 10 Reporting The Finance Director shall render a quarterly report to the City Council and City Man- ager showing the following information: 1. Type of investment 2. Name of financial institution 3. Date of purchase 4. Date of maturity 5. Current market value for all securities 6. Rate of interest 7. Purchase price of investment 8. Other data as required by the City A written confirmation of investments shall be issued by the seller or purchaser of the security confirming the transaction. Items included in the confirmation are the name of security (CUSIP number when applicable), interest rate or coupon, maturity date, purchase or selling price, accrued interest if applicable, settlement date and any addi- tional information fully describing the security. Policy Review This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Amendments to the pol- icy shall be forwarded to the City Manager and the City Council. Review of activities by outside independent auditors is required to make sure that there is conformity to the investment policy and that reconciliation of the Treasurer's accounts has been performed. The auditors should confirm all investment holdings at fiscal year end. ('ITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy €€203) REVISED Aug 6, 2007 11 Related Policy References Resolution No. 95-62 Resolution No. 15,806 Resolution No. 96-130 Resolution No. 97-110 Resolution No. 98-136 Resolution No. 99-130 Resolution No. 00-120 Resolution No. 2002-149 Resolution No. 2004-203 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 12 CITY OF NATIONAL CITY INVESTMENT POLICY Glossary of Terms Arbitrage— Transactions by which securities are brought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. Bankers Acceptance --A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds —The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker —Someone who brings buyers and sellers together and is compensated for his/her service. Collateralization-- Process by which a borrower pledges securities, property, or other de- posits for the purpose of securing the repayment of a loan and/or security. Commercial Paper —An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. County Pooled Investment Funds --The aggregate of all funds from public agencies placed in the custody of the County Treasurer or Chief Finance Officer for investment and reinvest- ment. Coupon —The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value; a certificate attached to a bond evidencing interest due on a payment date. Interest Rate —The annual yield earned on an investment, expressed as a percentage. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 13 Custodian —A bank or other financial institution that keeps custody of stock certificates and other assets. Dealer —Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Defeased Bond Issues —Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. Derivative —Securities that are based on, or derived from, some underlying asset, reference date, or index. Government Accounting Standards Board (GASB)—A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units. Fannie Mae —Trade name for the Federal National Mortgage Association (FNMA), a United States sponsored corporation. Federal Reserve System —The central bank of the United States consists of a seven mem- ber Board of Governors, 12 regional banks and 5,700 commercial banks that are members. Federal Deposit Insurance Corporation (FDIC) —Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $100,000) per account. Freddie Mac —Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a United States sponsored corporation. Ginne Mae —Trade name for the Governrnent National Mortgage Association (GNMA), a di- rect obligation bearing the full faith and credit of the United States Government. Liquidity —Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF) Demand Deposit —Was established by the state to enable treasurers to place idle funds in a pool for investment. Each agency is currently lim- ited by LAIF to an investment of $30 million plus any bond proceeds. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY POLICY TITLE: Investment Policy ADOPTED: October 23, 1990 (from City's Policy #203) REVISED Aug 6, 2007 14 Sallie Mae - Trade name for the Student Loan Marketing Association (SLMA), a United States sponsored corporation. Treasury Bills - United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Is- sued in book entry form only. T-bills are sold on a discount basis. United States Government Agencies - Instruments issued by various United States Gov- ernment Agencies most of which are secured only by the credit worthiness of the particular agency. Market Risk —Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maxi- mum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short-term speculation mitigates market risk. Market Value —The price at which a security is trading and could presumably be purchased or sold. Maturity —The date the principal or stated value of an investment becomes due and payable. Portfolio —Collection of securities held by an investor. Purchase Date —The date in which a security is purchased for settlement on that or a later date. Rate of Return —The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (REPO) —Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. CITY OF NATIONAL, CITY City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 23 ITEM TITLE A resolution approving the Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2007 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. PREPARED BY DEPARTMENT Hermi Oliveria Housing Programs Manager (619) 336-4259 EXPLANATION Refer to Staff Recommendation Below. CDC - Section 8 Rental Assistance Division Environmental Review XN/A Financial Statement NIA STAFF RECOMMENDATION 1. ADOPT Resolution No. 2007 - approving the Section 8 Management Assessment Program (SEMAP); and 2. AUTHORIZE the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. BACKGROUND REPORT 2. RESOLUTION 3. SEMAP REPORT Resolution No. A-200 (9/80) Community Development Commission Of the City of National City August 22, 2006 AGENDA ITEM NO. _ Background Report: On September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP), which took effect on October 13, 1998. SEMAP provides for the objective measurement of the performance of a public housing agency (PHA) in key areas of the Section 8 tenant based assistance program. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. PHAs' can use SEMAP performance analysis to assess their own program operations. The SEMAP Indicators Report provides information on families participating in the Section 8 Housing Choice Voucher Program. The report is one of the several inputs used to derive a score and rating for PHAs as it relates to SEMAP certification. The SEMAP requires a PHA who administers Section 8 tenant -based assistance programs to submit annually a SEMAP certification form. On the Community Development Commission of National City (CDC) submitted its SEMAP certification report to HUD. The CDC has been rated a high performing PHA for the last four consecutive years. The Section 8 Rental Assistance Program has a current lease -up rate of 100%. With National City's population of 63,000, there are 1,058 low-income families that are receiving rental assistance through the program and 2,585 waiting to be assisted. Housing staff continues to conduct initial eligibility determination to replace program's attrition. To be eligible to the program, an applicant must either reside or work in the jurisdiction of the City Of National City and be a very low-income household. In addition, applicants that are elderly, disabled, or families with dependent children are given a higher priority in the waiting list. Below is the breakdown of participants and applicants to the program as of July 1, 2006: RACE PARTICIPANTS APPLICANTS White 867 1975 Black/African American 89 258 American Indian / Alaska Native 5 24 Asian 93 288 Native Hawaiian / other Pacific Islander 4 40 TOTAL 1058 2585 ETHNICITY PARTICIPANTS APPLICANTS Hispanic 822 1952 Non Hispanic 236 633 TOTAL 1058 2585 Elderly 385 407 Disabled 240 567 Families with Children 433 1611 TOTAL 1058 2585 2 at.MAr ucnlucation rage 1 01 S PIC Home WASS Main PIC Main Logoff Help Guided Tour SEMAP LOGOFF List HUD HOME PIN HOME Q i A SEARCH /INDEX E-MAIL WASS MAN Reports Submission Summary Certification Profile Comments Field Office: 9DPH LOS ANGELES HUB OFFICE Housing Agency: CA116 National City PHA Fiscal Year End: 6/30/2007 OMB Approval No. 2577-0215 SEMAP CERTIFICATION (Page 1) Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant -based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient perkxmance_ HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the infomnation collected does not lend ittseff to confidentiality. Check here if the PHA expends Tess than $300,000 a year In federal awards r Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 to Federal awards in a year must stiN complete the certification kw these indicators. Performance Indicators 1 Selection from Waiting List (24 CFR 982.54(dX1) and 982.204(a)) a. The HA has written policies in its administrative plan for selecting applicants from the waiting fist PHA Response Yes b. The PHA's quality control samples of applicants reaching the top of the waiting list and admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response Yes 2 Reasonable Rent (24 CFR 982.4, 982.544dx15), 982.158(f)(7) and 982.507) a. The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (i) before any increase in the rent to owner, and (ni) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units and any amenities, housing services, maintenance or utilities provided by the owners. httns://nic.hud.nrw/PlCisPman/cmnace.p mentrarfi4iratinn aen '7/1 4nrVY7 JCMAr c.,eruncanon rage 2 or PHA Response Yes b. The PHA's quality control sample of tenant files for which a determination of reasonable rent was required to show that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): PHA Response At least 98% of units sampled 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files show that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; property attributed allowances for expense% and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility a&owances for the unit leased in determining the gross rent for (check one): PHA Response At least 90% of files sampled 4 utility Allowance Schedule (24 CFR 982.517) The PHA maintains an up-to-date utility schedule. The PHA reviewed unity rale data that it obtained within the last 12 months, and adjusted Rs utility allowance schedule if there has been a change of 10% or more in a utilty rate since the last bme the utilty allowance schedule was revised. PHA Response Yes 5 HQS Quality Control (24 CFR 982.405(b) The PHA supervisor (or oilier qualified person) reinspected a sample of units during the PHA fiscal year, which met the mini rum sample size required by HIJD (see 24 CFR 985.2), for quakty control of HQS inspections. The PHA supervisors reinspected sample was drawn from recently completed HOS inspections and represents a cross section of neighborhoods and the work of cross section of inspectors. PHA Response Yes 6 HQS Enforcement (24 CFR 982.404) The PHA's quakty control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited fife -tuning HQS deficiencies were corrected within 24 hours from the inspection and, al other clad HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA -approved extension, or, if HOS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one): PHA Response At least 98% of cases sampled 7 Expanding Housing Opportunities. (24 CFR 982.54(dX5), 982.153(bx3) and (b)(4), 982.301(a) and 983.301(bM4) and (bX12)) Applies only to PHAs with jurisdiction in metropolitan FMR areas Check here if not applicable a. The PHA has a written policy to encourage participation by owners of units outside areas of SEMAP Certification Page 3 of 3 poverty or minority concentration which dearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation. PHA Response Not Applicable b. The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response Not Applicable c. The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders. PHA Response Not Applicable d. The PHA's information packet for certificate and voucher holders contains either a list of owners who are wiping to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response Not Applicable e. The PHA's information packet includes an explanation of how portability works and indudes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each. PHA Response Not Applicable f. The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response Not Applicable Page 1 of 2 Go to Comments htt71C'IInir hurl '7/10 I 1 ('7 SEMAP Certification rage 1 of 3 PIC Home WASS Main PIC Main Logoff Help Guided Tour SEMAP Loo0FF HUO HOME PIH HOME Q • A SEARCH f INDEX E-MAIL WA! Reports List Field Office: Housing Agency: PHA Fiscal Year End: Subntssion Summary Certification 9DPH LOS ANGELES HUB OFFICE CA116 National City 6/30/2007 Profile Comm SEMAP CERTIFICATION (Page 2) Performance Indicators 8 Payment Standards(24 CFR 982.503) The PHA has adopted current payment standards for the voucher program by unit size for each I in the PHA jurisdiction and, if applicable, for each PHA -designated part of an FMR area, which do exceed 110 percent of the current applicable FMR and which are not Tess than 90 percent of the FMR (unless a lower percent is approved by HUD). (24 CFR 982.503) PHA Response Yes No FMR Area Name San Diego-Carslbad• FN Enter current FMRs and payment standards (PS) 0-BR FMR 870 1-BR FMR 993 2-BR FMR 1205 3-BR FMR 1757 4-BR FMR PS 783 PS 894 PS 1085 PS 1582 PS Save Add If the PHA has jurisdiction in more than one FMR area, and/or If the PHA has established separat standards for a PHA -designated part of an FMR area, add similar FMR and payment standard cornparisions for each FMR area and designated area. 9 Timely Annual Reexaminatlons(24 CFR 5.617) The PHA completes a reexamination for each participating family at least every 12 months.(24 C PHA Response Yes No 10 Correct Tenant Rent Cakulatlons(24 CFR 982, Subpart K) The PHA correctly calculates tenant rent in the rental certificate program and the family rent to o% rental voucher program (24 CFR 982,Subpart K) PHA Response Yes No 11 Pre -Contract HQS Inspections(24 CFR 982.305) Each newly leased unit passes HQS inspection before the beginning date of the assisted lease a contract.(24 CFR 982.305) PHA Response Yes No 12 Annual HQS Inspections(24 CFR 982.408(a)) The PHA inspects each unit under contract at least annually (24 CFR 982.405(a)) PHA Response Yes No 13 Lease -Up The PHA executes assistance contracts on behalf of eligible families for the number of units that under budget for at least one year. The PHA executes assistance contracts on behalf of eligible ff the number of units that has been under budget for at least one year PHA Response Yes No ShMAr cernncation rage 'l or 3 14 Family Self -Sufficiency (24 CFR 984.105 and 984.305) 14a.Family Self -Sufficiency Enrollment. The PHA has enrolled families in FSS as required. Applies only to PHAs required to administer an FSS program. Check here if not applicable CI a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project -based contract terminations; public housing demolition, disposition and replacement HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) Or, Number of mandatory FSS slots under HUD -approved exception (if not applicable, leave blank) b. Number of FSS families currently enrolled c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b+c divided by a) (This is a nonenterabls field. The system will calculate the percent when the user saves the page) 14b. Percent of FSS Participants with Escrow Account Balances.The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances.(24 CFR 984.305) Applies only to PHAs required to administer an FSS program Check here if not applicable ti PHA Yes No Response Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA 15 Deconcentratlon Bonus The PHA is submitting with this certification data which show that : (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operatir resided in low poverty census tracts at the end of the last PHA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tract PHA's principal operating area during the Iast PHA FY is atleast two percentage points higher tha percent of all Section 8 families with children who resided in low poverty census tracts at the end PHA FY; or (3) The percent of Section 8 mover families with children who moved to low poverty census tract: PHA's principal operating area over the Iast two PHA FY is at least two percentage points higher percent of all Section 8 families with children who resided in low poverty census tracts at the end second to last PHA FY. PHA Response l,�r...../1...:,, i...a _.._.mrnr_--^-_........ .•,. SEMAP Certification Page 3 of 3 Yes No Go to Comments Deconcentration , Bac Save RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2007, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE ANNUAL SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP) which took effect on October 13, 1998; and WHEREAS, SEMAP provides for the objective measurement of the performance of a Public Housing Agency (PHA) in key areas of the Section 8 tenant -based rental assistance program; and WHEREAS, the SEMAP requires a PHA that administers Section 8 Tenant -based rental assistance programs to submit annually a SEMAP certification form. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission Board of the City of National City hereby approves the Section 8 Management Assessment Program (SEMAP), and authorizes the Executive Director to submit the SEMAP certification form to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 21 st day of August, 2007. Ron Morrison, Chairman ATTEST: Bradford Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Angnst 2t 7007 24 AGENDA ITEM NO. ITEM TITLE Resolution approving a Second Amendment to the Lease Agreement between Frank Motors, Inc. and the Community Development Commission (CDC) of National City for real property located at 922 West 23`d Street in National City, CA, and authorizing the Chairman to execute said Agreement. PREPARED BY DEPARTMENT Xavier Del Valle, x4279 Redevelopment Division Senior Project Manager EXPLANATION On October 3, 2006, Frank Motors and the CDC entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23`d Street in National City, CA, otherwise known as the National City Train Depot. On May 15, 2007, an Amendment to extend the lease for an additional ninety (90 days) was approved by the CDC to provide Frank Motors with additional time to seek an alternative means for vehicle storage. Since then, the City has approved a short term Lease and Temporary Use Permit with Frank Motors for vehicle storage for another location on property owned by the CDC (former RCP site located just south of the Keystone Trailer Park along National City Boulevard). However, Frank Motors is requesting for another extension of the lease for the 923 West 23`d Street site to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location. The term of the proposed Second Amendment shall he sixty (60) days beginning on the executed date of the Amendment. Frank Motors acknowledges that the use of the site �is temporary, and agrees to remove all vehicles from the site upon expiration of the Agreement. Environmental Review The proposed Agreement is exempt from CEQA review. Financial Statement Frank Motors shall pay the CDC rent in the amount of $1,860 per month for the site at 922 West 23rd Street. The rent shall be payable on the 1" of each month beginning on the executed date of the Agreement. Future rent for the new location (the former RCP site) shall he $6,334 per month. Lease proceeds shall be deposited into the project area fund for revitalization activities. STAFF RECOMMENDATION Adopt resolution approving a Second Amendment to the Lease Agreement between Frank Motors, Inc. and the Community Development Commission (CDC) of National City for real property located at 922 West 23`d Street in National City, CA, and authorizing the Chairman to execute said Agreement. BOARD / COMMISSION RECOMMENDATION SDF,RA, primary tenant of the Depot have been advised of the proposed Amendment, and is aware that the storage of vehicles is a short term arrangement. J ATTACHMENTS Resolution No. 1. Resolution 2. Second Amendment to Lease Agreement A-200 (9/80) SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY NATIONAL CITY AND FRANK MOTORS, INCORPORATED This Second Amendment, effective as of August 21, 2007, is made by and among the COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ("LESSOR"), a community development commission and FRANK MOTORS, INCORPORATED, a California corporation ("LESSEE"). RECITALS A. On October 3, 2006, the Lessor and Lessee entered into a Lease Agreement ("AGREEMENT") for vehicle storage use on the real property located at 922 West 23"' Street in National City, CA, otherwise known as the National City Train Depot and whose legal description is attached to Agreement. B. On May 15, 2007, an Amendment to extend the lease for an additional ninety (90 days) was approved by the CDC to provide Lessee with additional time to seek an alternative means for vehicle storage. C. Since then, the City has approved a short term Lease and Temporary Use Permit (TUP) with Lessee for vehicle storage for another location on property owned by the Lessor (former RCP site located just south of the Keystone Trailer Park along National City Boulevard). I). 'Lessor and Lessee desire to extend the Agreement for an additional sixty (60) days to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location. AGREEMENT NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Recitals. The forgoing recitals are true and correct and are incorporated herein by this reference. 2. Term. Section 133 on Page 1 of the Agreement is amended in its entirety to read as follows: 3. Term. The term of this Agreement shall be sixty (60) beginning on the executed date of this Agreement. Lessee acknowledges that the use of the site is temporary and agrees to remove all vehicles from the site upon expiration of said Page 1 of 2 Second Amendment to Agreement Agreement. 3. No Other Modifications; Amendment Controls. Except as modified by this Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. In the event of a conflict in the terms and conditions of the Agreement and this Amendment, the terms and conditions of this Amendment shall control. All references to the Agreement in any document shall be deemed to mean the Agreement as herein modified. IN WITNESS WHEREOF, this Amendment is executed by the parties, intending to he legally bound, as of the date first written above. Community Development Commission Frank Motors, Incorporated Of the City of National City By: By: Ron Morrison, Chairman James Fomaca, President APPROVF,D AS TO FORM: By: By: George Eiser, III, CDC Attorney Gary Fenclli, General Manager Page 2 of 2 Second Amendment to Agreement RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH FRANK MOTORS, INC. FOR REAL PROPERTY LOCATED AT 922 WEST 23RD STREET WHEREAS, on October 3, 2006, Frank Motors and the Community Development Commission of the City of National City ("CDC") entered into a Lease Agreement for vehicle storage use on the CDC -owned parcel located at 922 West 23rd Street; and WHEREAS, on May 15, 2007, an Amendment to extend the Lease Agreement for an additional ninety (90) days was approved by the CDC to provide Frank Motors with additional time to seek an altemative site for vehicle storage; and WHEREAS, since then, the City has approved a short term Lease and Temporary Use Permit ("TUP") with Frank Motors for vehicle storage at another location on property owned by the CDC (former RCP site located just south of the Keystone Trailer Park located on National City Boulevard); and WHEREAS, Frank Motors is requesting another extension of the Lease Agreement for 922 West 23rd Street to allow them time to prepare the RCP site for vehicle storage use, and to relocate their vehicles onto the new location; and WHEREAS, the term of the Second Amendment shall be sixty (60) days beginning on the executed date of the Amendment. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Second Amendment to the Lease Agreement with Frank Motors for real property located at 922 West 23rd Street. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of August, 2007. Ron Morrison, Chairman ATTEST: Bradford Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III, Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE Anost 21 2007 AGENDA ITEM NO. 25 ITEM TITLE Resolution approving an Agreement with Overland Pacific & Cutler, Inc. (OPC) to provide relocation consultant services for the Cove at San Diego Bay Project, a residential and commercial mixed use project located on one City block bound by National City Boulevard, Roosevelt Avenue, and 11 `h and 12`h Streets in National City, and authorizing the Chairman to execute said Agreement in the not to exceed amount of $38,000. PREPARED BY Xavier Del Valle, x4279 Senior Project Manager DEPARTMENT r, Redevelopment Divisi i EXPLANATION On July 19, 2005, ARE Holdings, LLC and the CDC entered into a Disposition and Development Agreement (DDA) for the development of the Cove at San Diego Bay Project, a residential and commercial mixed use project Located on one City block bound by National City Boulevard, Roosevelt Avenue, and 11 `h and 12`h Streets in National City. Pursuant to the DDA, the CDC shall take all necessary steps to provide for the relocation of all occupants of each remaining parcel the CDC acquires under the Site Acquisition Program. Since the trial dates for acquisition of the remaining parcels are set for October 2007, staff desires to retain OPC to provide relocation services for the Project. Retaining OPC coincides with City Strategic Plan Objective 6 of improving local housing conditions for the community. OPC is a qualified and experienced relocation consultant, and has satisfactorily provided consultant services to the CDC on a variety of other revitalization projects. The Agreement shall remain effective until all relocation services for the Project are completed, or until terminated by the CDC for cause or convenience at its discretion. Environmental Review CEQA is not applicable Financial Statement The Agreement sets a not to exceed amount of $38,000. Pursuant to the DDA, the developer shall bear all the relocation costs associated with undertaking the Site Acquisition Program for the Project. STAFF RECOMMENDATION Adopt resolution approving an Agreement with Overland Pacific & Cutler, Inc. to provide relocation consultant services for the Cove at San Diego Bay Project, a residential and commercial mixed use project located on one City block bound by National City Boulevard, Roosevelt Avenue, and 11'h and 12`h Streets in National City, and authorizing the Chairman to execute said Agreement in the not to exceed amount of $38,000. ATTACHMENTS I. Resolution 2. Agreement L Resolution No. A-200 (9/80) AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND OVERLAND PACIFIC & CUTLER, INCORPORATED THIS AGREEMENT is entered into this 21st day of August 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and OVERLAND PACIFIC CUTLER, INCORPORATED, a Califomia Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to retain CONTRACTOR to provide relocation consultant services for the Cove at San Diego Bay Project located on one City block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12th Streets within National City, CA; and WHEREAS, the CDC has determined that the CONTRACTOR is a qualified and experienced relocation consultant firm, and has ability to perform the services desired by the CDC; and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR, or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached EXHIBIT A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings as required and requested to keep staff and the CDC advised of the progress of PROJECT assignments. The CDC may unilaterally, or upon request from the CONTRACTOR, from time to timer reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 1 3. PROJECT COORDINATION AND SUPERVISION. Senior Project Manager Xavier Del Valle hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Vince McCaw is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed $38,000 without prior written authorization from the CDC. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. The AGREEMENT shall continue until all relocation services for the Project are completed, or until terminated by the CDC for cause or convenience at its unilateral discretion. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda, reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR for the PROJECT assignments, whether paper or electronic, shall become the property of the CDC for use with respect to this PROJECT, and shall be turned over to the CDC upon completion of the PROJECT, or any phase thereof, as contemplated by this AGREEMENT. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and -disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this Agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of Services, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this AGREEMENT will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and are not entitled to any of the rights, benefits or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This AGREEMENT contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this AGREEMENT was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this AGREEMENT nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees or subcontractors as the CONTRACTOR may deem necessary for the proper and efficient performance of this AGREEMENT. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this AGREEMENT. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR, or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants and employees are as to the CDC wholly independent contractors, and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this AGREEMENT. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this AGREEMENT. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, 3 keep in effect at all times during the term of this AGREEMENT, any license, permit or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this AGREEMENT, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR's trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this AGREEMENT, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, or arbitration proceedings concerning the CONTRACTOR's professional performance, or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the PROJECT assignments the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the PROJECT documents prepared for the CDC are reasonably commercially available. any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for completion of PROJECT assignments in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The 4 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this AGREEMENT without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. ONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, Toss, 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 CONTRACTORS negligent performance of this AGREEMENT. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees or volunteers for, or on account of, any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this AGREEMENT. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this AGREEMENT, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 5 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this AGREEMENT, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this AGREEMENT. D. Workers' compensation insurance covering all of CONTRACTOR'S employees. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, and employees so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this AGREEMENT. H. Any aggregate insurance limits must apply solely to this AGREEMENT. I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This AGREEMENT shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this AGREEMENT, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements, or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this AGREEMENT, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attomey's fees incurred by the CDC in its prosecution or defense of 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, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for, and bear the costs of, its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This AGREEMENT may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this AGREEMENT. B. This AGREEMENT may also be terminated immediately by the CDC for cause in the event of a material breach of this AGREEMENT, misrepresentation by the CONTRACTOR in connection with the formation of this AGREEMENT, or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished memoranda reports, maps, drawings, plans, specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of, and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. 7 E. The CDC further reserves the right to immediately terminate this AGREEMENT upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and, shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Overland Pacific & Cutler, Inc. Attention: Vince McCaw, Senior Project Manager 3170 4t Avenue, Suite 200 San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this AGREEMENT, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for PROJECT assignments in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. 8 The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Govemment Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this AGREEMENT is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, state or legal holiday. B. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this AGREEMENT, and shall not be used for the interpretation or determination of the validity of this AGREEMENT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this AGREEMENT. The terms of this AGREEMENT may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this AGREEMENT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9 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 agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto, shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This AGREEMENT shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that: (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this AGREEMENT; (iii) each such party has consulted with, or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this AGREEMENT; (iv) each party and such parry's counsel and advisors have reviewed this AGREEMENT; (v) each party has agreed to enter into this AGREEMENT following such review and the rendering of such advice; and, (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY hereto have executed this Agreement on the date By: Ron Morrison, Chairman APPROVED AS TO FORM: By: George H. Eiser, III CDC Legal Counsel OVERLAND PACIFIC & CUTLER, INC. Barry ' . McDa 'el, CEO 10 Exhibit A Scope of Work Relocation Plan Preparation Overland, Pacific & Cutler, Inc. will prepare a Relocation Plan, which shall conform with all requirements of State Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency as they exist or may he amended from time to time. Relocation Assistance Program Implementation Overland, Pacific & Cutler, Inc. will follow the Uniform Relocation and Real Property Acquisition Policies and Title 25 -- Housing and Community Development (California Code of Regulations) to implement a controlled relocation assistance program consistent with law and with the CITY's goals. Specific tasks include: Conduct the following activities necessary for the effective relocation of residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on -going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 5. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, including transporting individuals to view replacement sites, if necessary. 6. Prepare replacement housing/down payrnent assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rental/down payment assistance, and replacement housing payments. 8. inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. 9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to the CITY for processing and payment. 10. Monitor the move to replacement site, as necessary. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the Cl7'Y with periodic standard status reports. Conduct the following activities necessary for the effective relocation of non-residential occupants: 1. Conduct personal, on -site interviews of prospective displacees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance services and benefits, and explain relocation process. 3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 4. Assist displacees in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on -going advisory assistance to business displacees, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, insuring thorough coordination with CITY staff and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a mininutn of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to the CITY for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the CITY with periodic standard status reports. Firm Overview Overland, Pacific & Cutler, inc. (OPC) provides professional services for clients with projects involving land acquisition, relocation assistance and project management. OPC was established in 1980 to provide these services for transportation, redevelopment, public works, school districts, housing, community development, energy and utilities. We pride ourselves in our integrated start - to -finish service, which includes project cost studies and estimates, project planning and management, real property and F&L appraisal, site selection and acquisition, right of way acquisitions and negotiations, title and escrow, relocation plan preparation, relocation assistance. goodwill analysis, property management, eminent domain support and expert witness testimony. Our broad range of services can be contracted individually or as a complete package. OPC has successfully acquired more than 17,000 parcels and has handled more than 45,000 residential, commercial and industrial relocation cases connected with a broad array of projects. All services are performed in accordance with the regulations and standards of the acquiring agency and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the URA regulations that became effective in February 2005. Our personnel have a working knowledge of Title 49 Code of Federal Regulations (CFR) Part 24, State of California eminent domain law, as well as Caltrans Right of Way Manual Acquisition guidelines. At OPC:, our people are full-time employees with excellent benefits. OPC's staff is made up of over 100 acquisition, relocation and management professionals; more than one-third of our people can conduct business in English/Spanish, with a total of 16 languages represented. Our professionals consist of licensed real estate brokers, designated Senior Right of Way (SR/WA) professionals and designated Right of Way Relocation Assistance Certified (R/W-RAC) professionals. Senior professionals from our organization routinely make presentations about the changing dynamics of our profession and participate in all major industry associations including ULI, APWA, CASH, CRA, PAHRA and CALED. OPC is actively involved in the advancement of the right of way profession on local and international levels through our memberships in the IRWA. Vince McCaw Senior Project Manager Overland, Pacific & Cutler, Inc. Professional Credentials Initial Year in industry: 1999 initial Year With OPC: 1999 Education: BA in Public Administration San Diego State University Advanced Rental Finance — Bond & 'fax ('redit, Community Development Training Program, LISC IRWA Courses: 103 — Ethics and the Right of Way Profession 200 — Principals of Real Estate Negotiation 202 — Interpersonal Relations in Real Estate 215 Pipeline ROW Agent's Development Program 400 — Principles of Real Estate Appraisal 501 — Relocation Assistance 502 — Business Relocation 503 — Mobile Horne Relocation 505 Advanced Residential Relocation Assistance 700 — Introduction to Property Management 801 United States Land Titles 900 — Principles of -Real Estate Engineering In -House Courses: Uniform Act Revisions Licenses: Real Estate License, California Overview Mr. McCaw has over 15 years of real estate rehabilitation and development experience, and he has been involved in the right of way industry since 1999. A Senior Project Manager for Overland, Pacitic & Cutler, Inc., he provides real estate related services for both small and large scale public and private projects; including redevelopment, utilities, transportation, school construction, housing development and mobile home park conversions. Mr. McCaw facilitates the coordination and oversight of acquisition/relocation consultants and for sub - consulting firms such as real estate appraisal, fixture and equipment appraisal, title, escrow, environmental and demolition. Ile has extensive working knowledge of state and federal regulations pertaining to acquisition and relocation assistance for public projects and oversees staff and projects for the San Diego regional office. Mr. McCaw's projects involve various funding sources and require compliance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as well as state and local laws and guidelines. Areas of expertise include project management, relocation cost studies, relocation plans and relocation impact reports. Additionally, Mr. McCaw is proficient in requirements of mobile home park closure, both private and public. Mr. McCaw is the Relocation Committee chair of IRWA, Chapter 11 and also speaks at public meetings, citizen participation groups and seminars. Project Examples Centre City Development Corporation — Ballpark Project, Ballpark Lofts Project, Park to Bay Project, Tailgate Park Project — Project Manager and relocation case implementation for projects that displaced over 130 business and residential occupants. Community Development Commission of National City -- IIarbor District Redevelopment Project, Q Street Project, Downtown Redevelopment Project, Pacific View Estates — Project Manager and relocation case implementation for various redevelopment projects, involving the successful relocation of 35 residential households and over 20 business occupants. Community Housing of North County Winona Project, Maplewood Project, Solutions Family Center Project — Project Manager and relocation case implementation for various projects during substantial rehabilitation of affordable housing projects. Over 60 residential units were relocated, either permanently or temporarily. One project involved the temporary relocation of an 80 unit property with a 100% Somalia population. OPC esomrNov2(OG O . + t A . U D a c & C d i E d 14 C. Vince McCaw Senior Project Manager Overland, Pacific & Cutler, Inc. (Continued) Professional Affiliations: International Right of Way Association Ch. 11 Relocation Committee ('hair American Public Works Association San Diego IIousing Consortium San Diego Regional Partners in Homeownership Member, Community Redevelopment Association (CRA) Member. California Association for Local Economic Development (CALED) OPCresumeNov2UU6 Southern California Housing Development Corporation — Numerous Projects — Project Manager and relocation case implementation for over 100 residential units that were permanently or temporarily displaced as a result of the acquisition and rehabilitation of various properties that were converted from market rate housing to affordable housing. San Diego Metropolitan Transit Development Board -- Mission Valley East Project Project Manager and relocation case implementation for approximately 20 industrial and business uses for this San Diego East County trolley expansion project. City of Vista • • Sunset Vista Apartments — Project Manager for a City redevelopment site, which displaced over 55 residential occupants Sycamore Creek Mobile Home Park Project Manager, acquisition and relocation case implementation for 15 owner - occupied mobile home coaches. County of San Diego Mission Road -- Project Manager for a road widening project, which required the acquisition of numerous easements. The project was conducted in phases and involved both acquisition of property as well as relocation of existing businesses and residential occupants. 0 '. I N l A N U P A C 1 F t C & CUT LE R. INC. RESOLUTION NO. 2007 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH OVERLAND PACIFIC & CUTLER, INC. IN THE NOT TO EXCEED AMOUNT OF $38,000 FOR RELOCATION CONSULTANT SERVICES FOR THE COVE AT SAN DIEGO BAY PROJECT, A RESIDENTIAL AND COMMERCIAL MIXED USE PROJECT LOCATED ON ONE CITY BLOCK BOUND BY NATIONAL CITY BOULEVARD, ROOSEVELT AVENUE, AND 11TH AND 12TH STREETS IN NATIONAL CITY WHEREAS, on July 19, 2005, ARE Holdings, LLC and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement (DDA) for the development of the Cove at San Diego Bay Project ("Project"), a residential and commercial mixed use project located on one city block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12th Streets; and WHEREAS, pursuant to the DDA, the CDC shall take all necessary steps to provide for the relocation of all occupants of each remaining parcel the CDC acquires under the Site Acquisition Program; and WHEREAS, since the trial dates for acquisition of the remaining parcels are set for October 2007, staff desires to retain Overland Pacific & Cutler, Inc. to provide relocation services for the Project; and WHEREAS, Overland Pacific & Cutler, Inc. is a qualified and experienced relocation consultant, and has satisfactorily provided consultant services to the CDC on a variety of other revitalization projects; and WHEREAS, ARE Holdings shall bear all the relocation costs associated with undertaking the Site Acquisition Program for the Project. NOW, THEREFORE, BE IT RESOLVED that the CDC hereby authorizes the Chairman to execute an Agreement with Overland Pacific & Cutler, Inc. in the not to exceed amount of $38,000 for relocation consultant services for the Cove at San Diego Bay Project, a residential and commercial mixed use project located on one city block bound by National City Boulevard, Roosevelt Avenue, and 11th and 12th Streets in National City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of August, 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 EETING DATE August 21, 2007 AGENDA ITEM NO. 26 (ITEM TITLE Investment Quarterly Reports for 3rd Quarter ending March 31, 2007 and 4th Quarter Ending June 30, 2007 Rizza A. Dela Cuadra PREPARED BY Accountant DEPARTMENT CDC— Finance Jeanette Ladrido EXPLANATION (619) 336-4330 For the Community Development Commission Chairman and Commissioners information and in compliance with the Community Development Commission's Investment Policy, the Investment Quarterly Reports for 3rd Quarter ending March 31, 2007 and 4th Quarter Ending June 30, 2007 are hereby submitted. These reports reflect the components of the Investment Program for the period ended. The Investment Portfolio provides sufficient liquidity to meet the quarter's ended estimated expenditures. Environmental Review ✓ NIA Approved by: Financial Statement J nctte Ladrido, Finance Director Not Applicable Account No. N/A STAFF RECOMMENDATION Staff recommends the report be accepted and filed. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Portfolio Summary— 3rd Quarter Ending 03/31/2007 2. Portfolio Summary— 4th Quarter Ending 06/30/2007 A-200 (9/80) COMMUNITY DEVELOPMENT COMMIc'SION OF THE CITY OF NATIONAL CITY INVESTMENT INVENT WITH MARKET VALUE AS OF MARCH 31, 2007 LAIF LOCAL AGENCY INVESTMENT FUND SUBTOTAL LAIF NIA $ 9,560,121.47 $ 9,560,121.47 $ 9,560,121.47 $ $ 9,560,121.47 $ 9,560,121.47 $ 9,560,121.47 $ CD ALLEGIANCE CMNT BK SOUTH ORAN 09/29/08 5.250% CD AMERICAN NATIONAL BANK 01/16/09 3.650% CD BANK OF OKLAHOMA 04/16/09 3.200% CD BRIDGEVIEW B&T CO 05/05/09 3.850% CD CARROLL COUNTY TC OF MO 06/18/08 2.950% CD COLONIAL BANK. NA 11/13/07 3.000% CD COMMUNITY BANK OF RAVENSWOOD 04/14/09 3.500% CD EUROBANK 05/14/08 3.300% CD EVERBANK 04/30/09 3.800% CD FARMERS B&T 01747YAJ0 S 028402AD7 064207RL9 108551AU6 145150AK4 195554HK9 203584BN6 29870UDL0 29976DAJ9 309166AY2 99.000.00 $ 99,000.00 95,000.00 97,000.00 95,000.00 98.000.00 97.000.00 95,000.00 97,000.00 99,000.00 99,000.00 $ 99,000.00 95.000.00 97,000.00 95,000.00 98,000.00 97,000.00 95.000.00 97,000.00 99.000.00 98,830.71 S 99.829% 96.132.96 97.104% 91,110.70 95.906 % 94,155.96 97.068% 92,307.70 97.166% 96.602.52 98.574% 93,591.42 96.486% 92, 874.85 97.763% 94,080.30 96.990% 96,957.63 412.95 $ 277.20 (169.29) (2,867.04) (3,889.30) (2,844.04) 214.99 (2,692.30) (1,397.48) (3,408.58) (2,125.15) (2.919.70) 262.01 (2,042.37) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31, 2007 TYPE 'MATURITY DACE IA IERESt RA CU.Sf ALE VAA EUE. MARKET PRICE INTEREST GAINI(tO„SSj 05/09/08 3.450% CD FIRST INTERNET BK OF IN 01/28/10 4.150% CD THE FIRST NB OF SHELBY CD 06/18/08 2.900% CD HUDSON UNITED BANK 05/13/08 3.500% CD INDEPENDENT BANKERS' BANK 05/14/07 3.000% CD INTERCREDIT BANK 04/30/07 4.900% CD MILLENNIUM BANK, NA 11/07/08 3.600% CD PEACHTREE NATL BANK 10/31/08 3.400% CD PROVIDENT BANK 05/07/07 3.000% CD REPUBLIC BANK, UT 05/11/07 3.000% CD SOVEREIGN BANK 05/05/09 3.650% Cash Account Balance 97.937% 32056GBQ2 95,000.00 95,000.00 33354PAP2 99,000.00 99,000.00 444168D08 100, 000.00 100, 000.00 453830DD3 99,000.00 99,000.00 458657EV1 95,000.00 95,000.00 60037UCU6 99,000.00 99,000.00 70467XAM8 95,000.00 95,000.00 743838U44 95,000.00 95,000.00 760310DR0 95.000.00 95.000.00 84603MHJ8 99,000.00 99.000.00 98,057.00 98,057.00 98.057.00 92,027.45 302.44 (2.972.55) 96.871% 96,137.91 220.24 (2,862.09) 97.109% 97.981.00 (2,019.00) 97.981 98.736.66 227.84 (263.34) 99.734% 94,952.50 (47.50) 99.950% 96,341.85 273.40 (2,658.15) 97.315% 92,188.95 (2,811.05) 97.041% 94, 774.85 (225.15) 99.763% 94, 749.20 (250.80) 99.736% 95,687.46 277.20 (3,312.54) 96.654% SUBTOTAL CD - CDC $ 2,040,057.00 $ 2,040,057.00 $ 1,998,279.58 $ 2,468.27 $ (41,777.42) TYPE MI gTURITY.DA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY INVESTMENT INVEN" !WITH MARKET VALUE AS OF MHrcCH 31. 2007 #N1`EREST RATE, AGENCY FEDERAL HOME LOAN BANK 06/18/07 3.030% AGENCY FHLB STEP COUPON CUSIP VALUE . V,ALt3E FEDERAL AGENCY SECURITIES >vi3C MARFCET PRICE INTEREST i GAkN4I.Aa 3133X4H46 $ 500,000.00 $ 500,000.00 $ 497,705.00 99.541% 3133X6NP7 300.000.00 300,000.00 298,593.00 05/12/09 3.250% 99.531% Cash and Money Market 5.04 5.04 5.04 S (2,295.00) (1,407.00) SUBTOTAL FEDERAL AGENCY SECURITIES - CDC $ 800,005.04 $ 800,005.04 $ 796,303.04 $ $ (3,702.00) AGENCY FHLMC 09/03/10 3128X0J67 $ 95,000.00 $ 95,000.00 $ 92,350.45 4.000% 97.211% AGENCY FEDERAL HOME LN MTG CORP 11/16/09 4.000% AGENCY FNMA 02/25/11 3133F1EY9 95,000.00 95,000.00 $ 92,885.30 97.774% 3136F26W3 100, 000.00 100.000.00 $ 96.844.00 4.000% 96.844% AGENCY FEDERAL NATL MTG ASSN 3136F43F9 99,000.00 99,000.00 $ 97,391.25 01/30/09 4.000% 98.375% Money Fund Balance 323.25 323.25 S 323.25 S (2,649.55) (2.114.70) (3,156.00) (1.608.75) SUBTOTAL FEDERAL AGENCY SECURITIES • SECTION 8 $ 389,323.25 $ 389,323.25 $ 379,794.25 $ $ (9,529.00) DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND INVESTMENT TREASURY MONEY FUND 3133X4H46 $ 2,063,567.19 $ 2,063,567.19 $ 2,063,567.19 UUMIVIUNI I Y UtVtLUI'MtN I UUMMISJIUN UI- I Ht UI I Y UI- NA I IUNAL UI I Y INVESTMENT INVENTORY WITH MARKET VALUE AS OF MARCH 31. 2007 TYRE MATORETY CIAfE Illy ;, EST'' 2005A TAB RESERVE ACCOUNT GE CAPITAL CORP 100.000% 2005A TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 2005A TAB COST OF ISSUANCE FUND INVESTMENT TREASURY MONEY FUND 2005B TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 2005B TAB COST OF ISSUANCE FUND INVESTMENT TREASURY MONEY FUND 36959JUX9 Al MARKET PRICE INTEREST GAIO(LOtSS) 2, 345, 000.00 2.345, 000.00 2,345,000.00 1.00 26.806.04 26,806.04 26,806.04 1.00 2,288.93 2,288.93 2,288.93 1.00 9,440.74 9.440.74 9,440.74 1.00 4,825.07 4,825.07 4.825.07 1.00 SUBTOTAL WITH CASH FISCAL AGENT $ 4,451,927.97 $ 4,451,927.97 $ 4,451,927.97 $ - $ GRAND TOTAL $ 17,241,434.73 $ 17,241,434.73 $ 17,186,426.31 $ 2,468.27 $ (55,008.42) COMMUNITY DEVELOPMENT COMM'""!ON OF THE CITY OF NATIONAL CITY INVESTMENT INVENT. WITH MARKET VALUE AS OF JUNE, 2007 LAIF LOCAL AGENCY INVESTMENT FUND SUBTOTAL LAIF N/A $ 15,028,214.76 $ 15,028,214.76 S 15,028,214.76 $ $ 15,028,214.76 $ 15,028,214.76 $ 15,028,214.76 $ S CD ALLEGIANCE CMNT BK SOUTH ORAN 09/29/08 5.250% CD AMERICAN NATIONAL BANK 01/16/09 3.650% CD BANK OF OKLAHOMA 04/16/09 3.200% CD BRIDGEVIEW B&T CO 05/05/09 3.850% CD CARROLL COUNTY TC OF MO 06/18/08 2.950% CD COLONIAL BANK, NA 11/13/07 3.000% CD COMMUNITY BANK OF RAVENSWOOD 04/14/09 3.500% CD EUROBANK 05/14/08 3.300% CD EVERBANK 04/30/09 3.800% CD FARMERS B&T 05/09/08 3.450% 01747YAJ0 $ 028402AD7 064207RL9 108551AU6 145150AK4 195554HK9 203584BN6 29870UDL0 29976DAJ9 309166AY2 99,000.00 $ 99.000.00 95,000.00 97.000.00 95,000.00 98,000.00 97, 000.00 95, 000.00 97.000.00 99,000.00 99.000.00 $ 99,000.00 95.000.00 97,000.00 95,000.00 98,000.00 97,000.00 95,000.00 97.000.00 99,000.00 98.646.57 $ 441.43 S (353.43) 99.643% 96.244.83 97.217% 91,257.95 96.061% 94,157.90 97.070% 92, 710.50 97.590% 97,139.56 99.122% 93,675.81 96. 573% 93,229.20 98.136% 94,094.85 97.005% 97.286.31 98.269% 306.90 (2,755.17) (3,742.05) (2,842.10) 238.02 (2,289.50) (860.44) (3,324.19) (1.770.80) (2,905.15) 290.08 (1,713.69) TYPE MATURITY DATE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF JUNE, 2007 INTEREST _RATE C:USIP VALUE CD FIRST INTERNET BK OF IN 01/28/10 4.150% CD THE FIRST NB OF SHELBY CD 06/18/08 2.900% CD HUDSON UNITED BANK 05/13/08 3.500% CD MILLENNIUM BANK, NA 11/07/08 3.600% CD PEACHTREE NATL BANK 10/31/08 3.400% CD SOVEREIGN BANK 05/05/09 3.650% Cash Account Balance 32056GB02 33354PAP2 444168008 60037UCU6 70467XAM8 64603MHJ8 95,000.00 99,000.00 100,000.00 99,000.00 95,000.00 99, 000.00 89.05 95,000.00 99,000.00 100.000.00 99,000.00 95,000.00 99,000.00 89.05 MARKET PRICE INTEREST GAIN/(LOSS) 91, 827.95 334.84 (3,172.05) 96.661% 96,568.56 243.84 (2.431.44) 97.544% 98.306.00 (1,694.00) 98.306% 96,512.13 302.70 (2,487.87) 97.487% 92,415.05 (2,584.95) 97.279% 95,728.05 306.90 (3.271.95) 96.695% 89.05 SUBTOTAL CD - CDC $ 1,558,089.05 $ 1,558,089.05 $ 1,519,890.27 $ 2,464.71 $ (38,198.78) AGENCY FHLB STEP COUPON 05/12/09 3.250% 3133X6NP7 300,000.00 300,000.00 299,157.00 99.719% (843.00) SUBTOTAL FEDERAL AGENCY SECURITIES - CDC $ 300,000.00 $ 300,000.00 $ 299,157.00 $ $ (843.00) AGENCY FHLMC 09/03/10 4.000% AGENCY FEDERAL HOME LN MTG CORP 11116/09 4.000% 3128X0J67 $ 95,000.00 $ 95,000.00 $ 91,626.55 $ 96.449% 316.67 $ (3,373.45) 3133F1EY9 $ 95,000.00 $ 95,000.00 $ 92,443 55 $ 316.67 $ (2,556.45) 97.309% COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY INVESTMENT INVENT WITH MARKET VALUE AS OF JLNE, 2007 ;r..> MATURITY DATE INTEREST RATE CUSIP VALUE VALUE ' MARKET PRICE INTEREST GAIN/(LOSS) AGENCY FNMA 02/25/11 4.000% AGENCY FEDERAL NATL MTG ASSN 01/30/09 4.000% Money Fund Balance 3136F26W3 $ 100.000.00 $ 100.000.00 $ 95,906 00 S 333 33 $ (4,094.00) 95.906% 3136F43F9 $ 99.000.00 $ 99,000.00 $ 97,143.75 98.125% $ 326.80 $ 326.80 $ 326.8C $ (1,856.25) SUBTOTAL FEDERAL AGENCY SECURITIES - SECTION 8 $ 389,326.80 $ 389,326.80 $ 377,446.65 $ 966.67 $ (11,880.15) DEUTSCHE BANK 2004 TAB REDEVELOPMENT FUND S 2,040,313.70 $ 2,040,313.70 $ 2,040,313.7C INVESTMENT TREASURY MONEY FUND 3133X4H46 2005A TAB RESERVE ACCOUNT 2, 345, 000.00 2.345, 000.00 2.345, 000.00 GE CAPITAL CORP 100.000% 36959JUX9 1.00 2005A TAB RESERVE ACCOUNT INVESTMENT TREASURY MONEY FUND 26,503.96 26,503.96 26,503.96 1.00 2005A TAB COST OF ISSUANCE FUND 2,263.09 2,263.09 2.263.09 INVESTMENT TREASURY MONEY FUND 1.00 2005E TAB RESERVE ACCOUNT 9,334.34 9,334.34 9.334.34 INVESTMENT TREASURY MONEY FUND 1.00 2005E TAB COST OF ISSUANCE FUND 4.770.69 4,770.69 4;770.69 INVESTMENT TREASURY MONEY FUND 1.00 SUBTOTAL WITH CASH FISCAL AGENT $ 4,428,185.78 $ 4,428,185.78 $ 4,428,185.78 $ - $ GRAND TOTAL $ 21,703,816.39 $ 21,703,816.39 $ 21,652,894.46 $ 3,431.38 $ (50,921.93) City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .FETING DATE August 21, 2007 AGENDA ITEM NO. 27 ,TEM TITLE Warrant Register for the period of 07/20/07 through 08/02/07 Rizza A. Dela Cuadra PREPARED BY Accountant DEPARTMENT CDC— Finance Jeanette Ladrido EXPLANATION (619) 336-4330 See attached report. Environmental Review ✓ N/A Approved by: Financial Statement J nette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION RATIFY WARRANTS FOR A TOTAL OF $1,108,499.62 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 07/20/07 THROUGH 08/02/07 A-200 (9/80) Pa et FOR MEETING OF AUGUST 21, 2007 WARRANT REGISTER FOR PERIOD: 07/20 - 08/02/07 Descri don Chk No Amount NATIONAL. CONSTRUCTION RENTALS INTERNAL REVENI IF SERVICE STATE OF CALIFORNIA STATE OF CALIFORNIA BILK CI IRISTENSEN SCHWFRU I'FEUER CORNERSTONE BUILDING GROUP CORPORATE EXPRESS INC FFI)EX GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES KEYSER MARSTON ASSOCIATES, INC KLEINFI_LDER, INC. LASER SAVER, INC'. LAW OFFICE OF DON DETISCII MORELANI) & ASSOCIATES, INC. NATIONAL CONSTRIICTION RENTALS OFFICE SI (PPI TES PI.US OPFER & VARCO 13.P POWER PLUS RICK ENGINEERING COMPANY SAN DIEGO BUSINESS JOURNAL SAN DIEGO CLIPPING SERVICE SCS ENGINEERS THE S'I'AR NEWS XEROX CORPORATION PAUI. DESROCIIERS PORTR.1.0 CONCRETE, INC. SWEETWATER AIITHORI'CY WEI.ISFARGO PAYROI 1 CALIFORNIA RAKING CO. CEN'I'RAI. MEAT & PROVISION CULLIGAN WATER JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE. PADRE JANITORIAL SUPPLIES, INC PETTY CASH - CDC PRO -EDGE. KNIFE MANUEL SANCI FEZ SIERRA SPRINGS SYSCO SAN DIEGO HOUSING ASSISTANCE PAYMENTS ALICE CANO EQUIFAX CREDIT INFORMATION SERVICES I IADAN I IASSAN XEROX CORPORATION FENCE RENTAL FOR DAYS INN FEDERAI. TAX FOR PAY PERIOD 5/22-6/04/07 SDI FOR TIIE SECOND QTR 2007 INCOME TAX - PPE 06/04/07 IDENTITY./BRANDING & PILOT WFBSITE PROFESSIONAL. SERVICES FOR PURPLE COW FOODLANDFACADE OFFICE SI IPPLIES EPA GRANT - REDEV PLAN AMENDMENT PROFESSIONAL SERVICES FOR PACIFIC STEEL 06/07 PROFESSIONAL. SERVICES FOR BAY MARINA DRIVE PROFESSIONAL SERVICES FOR 1441 HARDING/ 1820 G AVE PROFESSIONAL SERVICES FOR NC HLVD 2ND- 12111 STREET COPIER SUPPLIES- REDEV PROFESSIONAL SERVICES FOR HENSCIIEL VS PARK V1I l.AOE PROFESSIONAL SERVICES FOR 2ND IIALE' OF 06/07 FENCE RFNTAI. OFFICE SUPPLIES PROFESSIONAAI. SF.RVIC'ES FOR PARK VILLAGE TIDELANDS AVE X 30TII PROFESSIONAL SERVICES FOR BAY MARINA WIDENING ADVERTISING PROFESSIONAL. SERVICES PROFESSIONAL SERVICES FOR 2501/2510 CLEVELAND NC PBID - PI WIC NOTICE GIRL BILI. - 4/1-6/30/07 RETIREMENT BENEFITS FOR JULY 07 PROFESSIONAL SERVICES FOR NCB S'IREF.TSCAPE UTILITIES AT 1820 G AVE FOR 511 I-715/07 CREDIT CARD FOR B RAIII.STON SUBTOTAL - REDEVELOPMENT PPE 07/16/07 SI:RTOTAI. - ADMINISTRATIVE REVOLVING FUND NCNP FOOD PRODUCTS NCNP FOOD PRODI ICTS WATER SOFI'NER NCNP FOOD PRODUCTS NCNP FOOD PRODUCTS LINEN SUPPLIES JANITORIAL SUPPLIES NCNP F001) PRODUCI S SHARI'E:NING SERVICE MILEAGE REIMBURSEMENT FOR 06/07 WATER SVC FOR JUNE 2007 NCNP FOOD PRODUCTS SUBTOTAL. - GENERAL FUND (NCNP) MANUA'. PAYMENTS MILEAGE REIMBURSEMENT FOR ((4/07, 05/07, 06/07 CREDIT REPORTS FOR S8 APP & PARTICIPANTS HAP REFUND S8 EQUIP RENTAI. - JLUNE 2007 SUBTOTAI. - SECTION 8 17239 17240 17241 17242 17243 17246 17247 17248 17250 17251 17252 17254 17255 17256 17257 17260 17261 17262 17263 17266 17268 17269 17270 17272 17275 17276 17277 17278 17279 17280 17244 17245 17249 17253 17258 17259 17264 17265 17267 17271 17273 17274 $ 62.35 7,59492 2,463.51 1.789.77 8,155.00 3,538.41 6,490 00 70.80 46 42 3,375.36 597000 1.460.02 1,733.00 152.20 5,484.13 1,165.50 264.08 73.73 5,660.52 445 00 7,416.96 I,895.00 60.40 666.95 261.38 45.00 110.00 357,148 62 62.46 1,361.27 S 425,022.76 $ 85,227 03 S 85,227.03 tit'an $ 377.80 3,723.37 139.40 4,783.91 1.198 95 138.42 1,51816 185.96 246.00 57.72 15.00 5,146.10 $ 17,530.79 ",.irY'741':lt4xdu'L�lh 43w: 10372 10373 10374 10375 $ 579,824.41 34.91 77.14 4 (8) 778.58 $ 580,719.04 TOTAL OF ALL FUNDS: S 1,108,499.62 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 21, 2007 AGENDA ITEM NO. 28 1-1TEM TITLE A request from staff for direction to proceed with negotiations for an Exclusive Negotiating Agreement with Bonita Financial Corporation for an industrial park on Cleveland Avenue properties. PREPARED BY DEPARTMENT Patricia Beard, ext 4255 Redevelopment Division Redevelopment Manager EXPLANATION On March 6, 2007, the Community Development Commission ("CDC") directed staff to issue Owner Participation ("OP") letters to a variety of property owners on Cleveland Avenue, including the owners of APN #s 559-091-03, 11, and 14 (Gerald L. and Barbara J. Myers, and BNSF Railroad). In response to this OP process, Mr. Myres, principal of Bonita Financial Corporation ("BFC") submitted a redevelopment proposal that staff believes is highly responsive to current community interests. BFC has submitted a conceptual proposal to develop an environmentally conscious/"green" Industrial Park consistent with anticipated objectives of the Westside Specific Plan and which is the subject of a Feasibility Study for an Industrial Park west of 1-5. Staff is requesting direction to proceed with negotiations and to return with an Exclusive Negotiation Agreement ("ENA") to study and pursue this development proposal. BFC will attend the meeting to make a presentation and answer questions. (Note — BNSF Railroad did not respond to the Owner Participation process.) Environmental Review Not applicable. Strategic Goal 5b and 8e: Complete Westside Specific Plan, analyze comprehensive implementation strategy; Develop/Implement Green Building and Development policy. Financial Statement There is no cost associated with this report. Account No 1 r STAFF RECOMMENDATION Provide direction as to whether staff should bring forward an ENA with BFC for consideration. BOARD / COMMISSION RECOMMENDATION Not applicable. 1. ATTACHMENTS 1. Conceptual proposal Resolution No. Dr. AUTOBODY: A Proposal for National City Presented by Bonita Financial Corporation Jerry Myres July 2, 2007 INTRODUCTION In 2005, the Environmental I lealth Coalition completed a community survey in Old Town, National City, entitled Reclaiming Old Town, National City. The resulting recommendations included the following: • Reduce toxic emissions in the Old Town neighborhood; • Construct an autobody park in an industrial area outside of Old Town where existing autobody shops could re -locate. Bonita Financial Corporation and Jerry Myres are pleased to present this proposal for an autobody park outside of the Old Town area in National City. THE SITUATION Over the years, small auto servicing businesses have been built adjacent to the Old Town area of National City. In August 2005 the Environmental Health Coalition produced a report that revealed the following: • 14% of children in the Old Town area have diagnosed asthma — twice the rate in California • 92% of respondents favor the construction of an autobody park for relocation of autobody shops outside of the Old Town neighborhood. • Successfully improving the quality of life by "cleaning up" Old Town will require that planners understand and reduce the toxic burden that residents live with on a daily basis. • The Specific Plan should change the zoning designation that has allowed the unhealthy mix of businesses and housing that characterize the neighborhood today. • An autobody park located in an industrial area away from Old Town will help stimulate the re -location of autobody shops that contribute to the toxic burden in Old Town. Ilaving studied the recommendations of this report, The Bonita Financial Corporation would like to present for consideration the following recommendation for an autobody clinic, "Dr. Autobody". Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 LOCATION The Dr. Autobody Clinic would be located on a 1.4 acre site in the heart of the industrial distrietijust west of Interstate 5 and bounded by Cleveland Avenue, Harrison Avenue, 19th and 20'streets (highlighted in yellow). This location is easily accessible from San Diego or Chula Vista and within minutes of the existing Mile of Cars. (Sec Map 1, Map 2, and Map 3) MAP 1: Regional Aerial Map of proposed site. 2 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 200/ MAP 2: Neighborhood Aerial Map of proposed site. 3 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 MAP 3: Aerial of Proposed Site 4 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 18th Street c 1 V Zig.. custou+ �CRYIGE. eWR+Pr. l9th Street ILLUSTRATION 1: Development Concept DEVELOPMENT CONCEPT '1'hc 1.)r. Autobody Clinic will be developed as a managed business zone with space fur Tight industrial workshops and ancillary spaces. It is a turnkey, state-of-the-art facility for services related to auto repair and restoration (i.e. repair, auto painting, battery and tire replacement, etc.). Dr. Autobody would cater to a specific range of retail uses currently distributed amidst various residential communities in and around National City. Permissible uses would be limited to professional auto repair and maintenance. Target users would be individual owners of vehicles and auto dealers from the Mile of Cars. (See Illustration l ) 5 UMA.AN GE N SITE PLAN 18th Street MIN BAN► C afil 5e vwt Soft 1r wauc. Stier Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 eAdheitormilt 41 �r ► 411) Sctvwc LTV i ID J �a► s immeat 1 it frOtardiffaitelf bArr VICE. ItATAA►acE- 19th Street ILLUSTRATION 2: Proposed Site Plan Ftut The site is divided into four basic parts; two service areas on the north and south, and two customer areas on the east and west. A landscape berm would he placed around the perimeter to beautify and provide an appealing foreground for the structures. The majority of customers will approach the tree -lined site traveling northbound or southbound and enter at the Cleveland Street entrance. General parking is provided along the east and west portions for direct access to retail showrooms and offices. Service bay access is from 18th and 19,h streets. Paving of different colors and textures is used to differentiate between customer and service areas. Spray booths and special workshops requiring exhaust systems are centrally located on the site, along with a shared customer waiting area with viewing portholes into the booths. (See Illustration 2) 6 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 200/ DEFINING A RCIIITECTURAL CHARACTERISTICS Massing and Scale The architecture for the proposed I)r. Autobody center follows a progression from welcoming to fiinctional. From the workshops to the retail showrooms, the scale of each structure is reflective of its function and purpose. Some structures, such as the expressed exhaust stacks, dominate their surroundings. Others are more submissive. The oscillation between the two helps to shape the overall feeling of the auto park and also to maintain the symbolic importance of each structure. Cleveland Street Entrance lath Street Service Entrance The maximum height of the structures will not exceed the allowable 60'. The massing will be such that the functional spaces will be broken up and expressed as architectural elements on the site. This, in combination with a 10' wide berm along the perimeter of the site, will allow for a more pedestrian -friendly street level presentation. 7 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 Materials The dominant construction materials —masonry, stucco, standing seam rolled metal roof, glass and exposed metal trusses - -were chosen not only for their inherent durability, but also for their connotations of permanence and beauty. Additionally, the appropriate combination of these materials convey an image of high technology. Building Design The architectural firm of Comstock & Kaufman, Inc. has developed a conceptual plan for the Dr. Autobody project. The vocabulary of the proposed architecture is intended to be compatible with the surrounding area while reflecting state of the art technology. There are two primary building types: workshops and retail showrooms. Both arc designed as open-plan shell units with the flexibility to accommodate a wide range of uses. Shared facilities will be incorporated into the design to reduce duplication. These would include restrooms, customer waiting areas, and (where possible) painting booths and similar spaces. The proposed autobody park would include the following amenities: • Landscaped entries and entry plaza • 115,000 sf of workshop area • ±- 6.300 slot' showroom & office area • Shared restroom facilities • Shared customer waiting areas • Snack area for waiting customers and employees • Individual utility services metering • Individual areas dedicated to signage • Usable floor -to -ceiling height varying from 10' to 20' in workshop bays • Suspended ceiling service void in office areas Fenestration Aside from the functional requirements of light and ventilation, the form and placement of windows reflect the "soul" of the building, and help define the high tech style that reflects the function and also compliments the neighborhood. Interior Spaces and Features Exposed structure and form (including HVAC systems) will contribute to the high tech appearance. Volume spaces of varying heights will be used wherever possible. 8 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 200! SUMMARY There is an urgent need for the facility we are proposing. As a result of this project, exhaust emissions that are now a problem in Old Town would occur west of Interstate 5 in accordance with the recommendations of the "Reclaiming Old Town National City" survey. Our proposal satisfies the concerns of the elected officials of National City and the Environmental Health Coalition recommendations consistent with the Downtown Specific Plan. It will beautify the industrial area, improve the Old Town neighborhood and contribute to the economy of National City. 'l'he need is urgent; the solution feasible. Bonita Financial Corporation and Jerry Myres would welcome the opportunity to contribute to the National City community in this way. Bonita Financial Corporation Mr. Jerry Myres 12625 Highbluff Drive San Diego, California 92130-2052 Phone: 858 755-6495 Fax: 858 755-5749 9 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 CONTEXTUAL PHOTOGRAPHS Sample of auto retail outlet adjacent to a residential neighborhood. Sample of auto repair shop adjacent to residential neighborhood. 10 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Departrnent July 2, 2007 Southeast corner of Harrison and 19Streets. The property shown is currently owned by the Railroad. Past elevation of the Railroad property fronting 19" Street, with the alley and Bonita Financial property to the right of the photograph. 12 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 Northeast corner of the Bonita Property at Cleveland and 19Streets The Railroad property is to the left in the photograph. Northwest elevation of the Bonita Financial property facing 18 Street. Cleveland Street runs parallel to the left side of the building in the photograph. 13 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 West elevation along 18 Street showing the Bonita Financial property to the left, the alley in the middle and the Railroad property to the right. Southwest elevation of the Bonita Financial property fronting 18 Street. The alley is shown adjacent to the Railroad property to the right in the photograph. 14 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 West elevation of the Railroad property facing 18" Street. 'fhe alley and the Bonita Financial property is to the left in the photograph. Southeast corner of the Bonita Financial property fronting 19' Street. The alley is to the left and the Railroad property is to the left of the photograph. 15 Bonita Financial Corporation Autobody Park Proposal for National City National City Planning Department July 2, 2007 16 Addressing' Respiratory Health Issues Finding 1: About 14% of children in Old Town National City have been diagnosed with asthma —about twice the documented state average of 7%I. 9% of adults in the neighborhood have been diagnosed with asthma, as well. Finding 2: 32% of children and 51% of adults lack health insurance. Comparatively, 11% of all children in San Diego County are without health insurance. Fueled by the high asthma rate in the area, one of the most pressing concerns in Old Town is toxic air pollution. In 2004, Dr. Cindy Waters, former principal at Old Town's Kimball Elementary, testified to the City Council that Kimball's student body was experiencing a drastic increase in diagnosed asthma. While her testimony sparked a response from the Council —namely the formation of the National City Asthma Committee—EHC's survey and research show that asthma levels in the neighborhood remain elevated. Furthermore, one out of three children, and one out of two adults, lack health insurance. This would indicate that many residents are underserved by the health system, and thus, formal diagnosis of asthma is probably higher than these results show. In any case, residents are aware that the high level of air toxicity is one of the key factors driving the high level of asthma in the neighborhood. Toxic Neighbors. One of many locations in Old Town whcrc an autobody shop or other toxic polluter is directly adjacent to a home or schooL Conclusion 1: Reduce toxic emissions in the neighborhood Given the; young population and the high number of families in Old Town, health is a primary concern for residents. Successfully improving the quality of life by `cleaning up' Old Town will require that planners understand and take action to solve the toxic burden that residents live with on a daily basis. Conclusion 2: Increase access to affordable health care The city needs to recognize the high level of uninsured children, and create a program for addressing the issue. It is important that facilities be located in Old Town where residents in most need of health care can access them. Additionally, an outreach initiative should be conducted which informs community members about how to access both health insurance and health care. Center tor Disease Control and Prevention. Forecasted State -Specific Estimates of Self -Reported Asthma Prevalence — United States, 1998. MMWR. 1998;47: 1022-1025 2 San Diego Regional Asthma Coalitoin. Asthma Report Card, 2004. 5 Resolving Incompatible Mixed -Use Issues Finding 1: 69% of respondents consider re -location of autobody shops to be a priority, and an additional 28% believe it is necessary. Finding 2: 84% of respondents consider the re -zoning of the neighborhood to residential and residential -compatible as a priority, and an additional 13% consider it necessary. Finding 3: 92% of respondents approve of a plan to construct an autobody park in an industrial area outside of Old Town where existing autobody shops in the neighborhood can reTlocate. EHC's research on Old Town's air toxic inventory;paints a picture of the severity of the incompatible mixed -use issue. There are over 20 autobody shops in this six -by -fifteen block neighborhood, each of which emits multiple airbome chemicals. While many businesses operate without proper permits, EHC inspected the records of those businesses carrying appropriate Hazardous Materials and Air permits and added together the self -reported emissions• of toxic air contaminants in the neighborhood. The chemicals which are; reported as part of the permit process have been linked to diseases such as asthma, cancer, and reproductive illness. EHC found that Old Town's air toxic inventory is disproportionately high for National City, as well as for the county as a figure 1. Toxic Air Releases for Old Town National City and Three 'Footprints' in National City whole. Figure 1 shows the comparison: the 'footprint' around the Old Town neighborhood contains over 23,000 pounds of air toxics, while footprints 1, 2, and 3 contain 6,000, 3,500, and 0 pounds of air toxics, respectively. About 70% of the reported toxics in Old Town come from autobody shops. The neighborhood also borders Interstate-5 on the West, and is home to a diesel bus station, each of which is a source of high levels of particulate matter from motor vehicle emissions not included in these statistics. Each of these results encourages a clear environmental health focus within the Specific Plan design. There is a near consensus opinion on a desire to remove or relocate industry away from the neighborhood, and to return land -uses to residential and residential -compatible development. For instance, figure 2 and 3 show that 97% of respondents believe that a change in zoning laws to prohibit polluting businesses in the neighborhood, and relocating autobody shops, is either `necessary' or a `priority'. figure 2. Change in Zoning Laws Prohibiting Polluting Businesses Near Schools and Houses While residents are looking to the Specific Plan to lay out a long-term plan for addressing the historical neglect and poor land use planning in Old Town, they are also excited by other shorter -term approaches to reducing pollution. Figure 4 shows that 92% of respondents support the construction of an autobody park west of Interstate 5, and at least 500 feet from residence, where existing autobody shops in Old Town can relocate. This potential solution is being studied by National City's Community Development Commission at the request of the City Council. figure 3. Re -location of Autobody Shops M2%01% 0 Uaamsgary n Necauary Prkriry ©No Rap.. figure 4. Would you support the construction of an autobody park west of 1-5, and at least 500 feet from residential, where existing autobody shops could re- locate? No 8% Yes 92% Conclusion I: Re -zone the neighborhood to be residential and residential -compatible After years of debating how Old Town is zoned, residents arc looking forward to the Specific Plan as an opportunity to move away from the `Light Manufacturing Residential' designation that has invited in the unhealthy mix of polluting industries and housing that characterize the neighborhood today. 7