HomeMy WebLinkAbout2008 03-04 CC CDC AGENDA PKTAgenda Of An Regular Meeting - National City City Council /
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — March 4, 2008 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL,
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notif-ication'24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretation en espatiol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
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OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE
OBTAINED THROUGH OUR WEBSITE AT www.cl.natlonal-city.ca
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
3/4/08- Page 2
INTERVIEWS/APPOINTMENTS
1. Interviews and Appointments: Various Boards & Commissions (City Clerk)
CITY COUNCIL
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a
routine or non controversial nature. All consent calendar items are adopted by
approval of a single motion by the City Council. Prior to such approval, any item
may be removed from the consent portion of the agenda and separately
considered, upon request of a Councilmember, a staff member, or a member of
the public.
2. Approval of the Minutes of the Regular City Council/Community
Development Commission Meeting of February 19, 2008. (City Clerk)
3. Approval of a motion to waive reading of the text of the Ordinances
considered at this meeting and provides that such Ordinances shall be
introduced and/or adopted after a reading of the title only. (City Clerk)
4. Resolution of the City Council of the City of National City approving and
authorizing the recordation of an encroachment agreement with Marina
Gateway Development Company, LLC for the installation and maintenance
of the parking spaces for public use within the City reserved right-of-way of
Marina Drive. (Engineering)
5. Resolution of the City Council of the City of National City approving a
Tentative Subdivision Map and Conditional Use Permit and Finding of No
Significant Environmental Effect for 16 detached homes with an exception
for Tess than required setbacks and building separation on an approximately
1.5 acre site north of the intersection of Kimball Way, F Avenue and E. 14t
Street. (Applicant: Bitterlin Development Corp.) (Case File No. 2007-37 S.
CUP) (Planning)
6. Warrant Register #31 for the period of 01/23/08 through 01/29/08 in the
amount of $$1,087,946.24. (Finance)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
3/4/08- Page 3
CONSENT CALENDAR (Cont.)
7. Warrant Register #32 for the period of 01/30/08 through 02/05/08 in the
amount of $879,305.29. (Finance)
ORDINANCE FOR ADOPTION
8. An Ordinance of the City Council of the City of National City amending the
National City Municipal Code by adding Chapter 15.80 pertaining to
construction and demolition debris. (Building & Safety/City
Attorney/Consultant)
NON CONSENT RESOLUTIONS
9. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a lease with the San Diego Repertory Theatre for a
portion of the former National City Public Library. (City Attorney)
**Continued from City Council Meeting of Feb. 19, 2008 **
10. Resolution of the City Council of National City awarding a contract to MA
Stevens Construction, Inc. in the base bid amount of $1,018,000 and
additive bid amount of $90,000 for the National City former Library remodel
project. (Funding through 2004 Tax Allocation Bond) (Engineering)
NEW BUSINESS
11. Report to the City Council of the City of National City on efforts to establish
a Transportation Development Impact Fee (TDIF) to fund capital
improvement projects needed to maintain acceptable levels of traffic and
transportation services due to new development and to satisfy the
requirements of the TransNet Regional Transportation Congestion
Improvement Plan (RTCIP) for receipt and expenditure of TransNet funds.
(Engineering)
12. Consider authorizing letter of support for CoxCom, Inc. d/b/a/ Cox
Communications San Diego Petition for Determination of Effective
Competition. (City Manager)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
3/4/08- Page 4
NEW BUSINESS (Cont.)
13. Changing the scheduled Budget Workshop of the Fiscal year 2008-2009
Annual Budget from March 22, 2008 to April 5, 2008. (Finance)
14. Temporary Use Permit — Easter Egg Hunt 2008 sponsored by Cornerstone
Church of San Diego at Las Palmas Park on March 22, 2008 from 11 a.m.
to 3:00 p.m. (Building & Safety)
COMMUNITY DEVELOPMENT COMMISSION
NON CONSENT RESOLUTION
15. Warrant Register for the period of 02/01/08 through 02/14/08 in the amount
of $1,342,552.63. (Finance)
16. Resolution of the Community Development Commission of the City of
National City authorizing a one-time performance and retention incentive
payment of up to five percent to eligible employees in the Community and
Development Commission and Nutrition Center's Executive and
Management Groups in lieu of increases in base salary, and approving a
transfer of funds not to exceed $26,200 from the Undesignated Fund
Balance Account to fund said payment. (Human Resources)
NEW BUSINESS
17. Annual Financial Reports and Audit Review for the Fiscal Year ended June.
30, 2007. (Finance)
18. Report — Update on the EPA Brownfield Assessment Grant for the Westside
Neighborhood. (Redevelopment Division)
STAFF REPORTS
19. Update on the Westside Specific Plan. (Planning)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
3/4/08- Page 5
MAYOR AND CITY COUNCIL
ADJOURNMENT
Next Regular City Council and Community Development Commission Meeting -
Tuesday — March 18, 2008 - 6:00 p.m. — Council Chamber - National City.
TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE
FOR SALE IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
FETING DATE March 4, 2008
AGENDA ITEM NO. 1
ITEM TITLE INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions
PREPARED BY Michael R. Dalla 1 DEPARTMENT City Clerk
EXPLANATION
Several vacancies exist on various Board & Commissions. The vacancies
have been advertised and posted. In addition, announcements have been
made and flyers and applications have been distributed.
Nineteen applications have been submitted and all have been invited to
attend tonight's meeting. Three applicants (Fimple, Morales and Amon) are
unable to appear tonight. One applicant (Rios) may be late due to her work.
Any additional applications received prior to the meeting will be distributed to
you.
A summary sheet of the applicants and what they have applied for is attached
as are their individual applications.
Environmental Review XX N/A
Financial Statement
None
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
It is recommended that only interviews take place at the March 4th meeting and that interviews,
appointments and reappointments be considered at the next or a subsequent meeting determined
by the City Council.
SOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below')
Summary Sheet
Applications
Resolution No.
A-200 (9;99)
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board`
_ Civil Service Commission
Community & Police Relations Commission*
_ Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
X. Public Art Committee`
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: (A Col'; G` PG,kr' c P , t i_c•rmvn
Home Address: sk t Tel. No.:( ( let) ctt-tH-2-7 t
Business Affiliation:
Business Address:
Title:
Tel. No.:
Length of residence in National City:o`'.4 '
San Diego County: �' ( Califomia: aLl
Educational Background: vv;,\,ers;}ci p� SG. t-J\{e
Ca.4p_rY-C r\ Vt "S, t cum S(-A--Fl5(� Crntc_ 7ehtest,sC t a( O-e Lou1J
Occupational Experience:
Professional or technical organization memberships:
Civic or community experience, membership, or previous public service appointments:
S-c A—V C.12_- C-oc'1.ow, `-- kz�
Experience or special knowledge pertaining to area of interest:
Have you ever been convicted of a crime? No
Date:
Jc r yv 1a-00 g
Signature:
Yes _..
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
,Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Note: Applicants must be residents of the City of National City except for those marked by an *
Name:
Home Address:
NATIONAL CITY CA 91950
Business Affiliation:
frn� 1v1� (-v'-,4�. Title:
ACK 47 42'Z f
COZINES GROCERY
Port Commission
Public Art Committee*
San Diego County Water Authority
_ Senior Citizens Advisory Board
— Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Business Address:
Length of residence in National City: )O San Diego County:
Educational Background: , G (f 77 ,•%i%a e y n•
Occupational Experience:
Tel. No.: (- yr 66
c xs 4*
Tel. No.: Ba-'5 V 77 r—� 2ft.&.
California: 3 2.
(,v (P /5 Re1/ % — cic- tom' a an `ems
Professional or technical organization memberships: t 1 DL.✓I & to c ,x •ro
Civic or community experience, membership, or previous public service appointments:
Experience or special knowledge pertaining to area of interest: •
Have you ever been convicted of a crime? No t / Yes
Date:
Signatur
Please feel free to provide additional infcmliation or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
_Building Advisory & Appeals Board*
Civil Service Commission
_Community & Police Relations Commission*
_Housing & Community Development Committee
_Library Board of Trustees
_Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
_Planning Commission
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
RECEI ,/LD
Port Commission CITY CLERK
Public Art Committee*
_San Diego County Mit(Ap iltl�riA
_Senior Citizens Advisory oar
Street_Tree Py Committee
Serra LibraSsnAi NA
L Cl
_Sweetwater Authority
LC Traffic Safety Committee
Note: Applicants must be residents of the City except for those marked by an (*).
Name 44./ 4//o Jose L e:Tre,eocl,2i
Home Address 0/ I/O �' . L o /TJ4N kilt; Tel. No.(4//),2 L 7-$ 6"3 7
Business Affiliation
Business Address
Title
Tel. No.
Length of residence in National City 74,{0. San Diego County o20 (fiS. California
Educational Background / R Ck e_ - 4L-
Occupational Experience /Y/4 i,t/ i e»4.0c e. - PA/,r/T/AJG - 0 O/0-TTZUO'r7oA.)
Professional or technical organization memberships
Civic or community experience, membership, or previous public service appointments:
Experience or special knowledge pertaining to area of interest:
%RAFT/C S/ 4/I%1L 1 cb'T.S- S4 „WII//X)G
Have you ever been convicted of a crime? No X //� Yes
Date_Q1.- 0 q- O7 Signature
Please feel free to provide addition.I information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City.
(This document is filed as a public document)
*Residency requirements may not apply
Revised March 7, 2007
Name:
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Ap`peals Board*
Civil Service Commission
)(Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
_ Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
X. Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
_ Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
�- rro��
Home Address: 2313 — v A ✓e-4 tee_/V 7" C7(TeI. No.: J 71 ` SZ 42—
Business Affiliation: f e Tv f c/ Title: Co 7 , I v'a rs 1 Ai
Business Address: Tel. No.:
Born
Length of residence in National City:2-9 yf0',r an Diego County: Heye California:
Educational Background: /\/_4 ,,h Cci 6 II 0k7 - ill // %,Y»-�`/le1-"'�e 7
CO.r, vn Nn ; 7- Co /�c e / e-a LL1 ‘7 y CrCOec�ef4l ; D/ Gie IA- NIA, e / I roc/ / A 1✓ zo, y - {per me �t T p i((/ c e ` (y cs,cQ,..,,: c
pepaTy M.4rsti,,,l, /f '76' I ,Syr," CoNi75 1\1cv•s4 At
Professional or technical organization memberships: 1 47 4'")/ PP//r. e /7f/7. 6091q")
Occupational Experience:
Civic or community experience, membership, or previous public service appointments:
3 / yrs 0+ �.�/ ��+1� Cu//e e_ t rtjT ctc77oa7 CGr���L�>� �i%s' 71( ✓
Experience or special knowledge pertaining to area of interest:
l3 S C STlee %9 ti-1)0 . /3g
Have you ever been convicted of a crime? No x
Yes
Date: /— le- ,U e Signature:
Please feel free to provide additional information or letters of endorsement.
Pleasereturn completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7.2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
_ Building Advisory & Appeals Board*
_ Civil Service Commission
_ Community & Police Relations Commission*
_ Housing & Community Development Committee
X Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
_ Port Commission
_ Public Art Committee*
_ San Diego County Water Authority
_ Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Bd
_ Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City except for those marked by an (*):
&R. LEJUE A . ClisTiLco
Name:
q(eiSa
Home Address: 3 2.,2, 5. C L-Afe9.4O(r k V E. j C . Tel. No.: C6(9) µlb - 3q 7h
- 5v*PoaT
Business Affiliation: 5it7\J Dte �Th`f� UNi✓ Title: fr77M (N ASS I S T7`( kir
SS 0 CAMPM\ELt P2 •
Business Address: J) 1 �7r0, rA `(at 8a Tel. No.: (6. (q ) Se1 -
Length of residence in National City:71-10 Y► S San Diego County: >I/0 `/►es. California: > £0 yns .
Educational Background: B.R psy ch(0L-0G1, UCLA j M.S. ETV( Pr77UNffL_
(0 NSE-UN 6-, NA--7ONirt_ uJ,UEPs,T!vit/h-001ri of swEErWt7ER HIGHscNoo•
Occupational Experience: /tpM/N . A55 (57A-N Y WO to EXf I ENGE /r T S',ps(,/41 UCs P,
SR. oTFtcAss1S77-kir /T SWeTWI1T ? VNr011/41 H!(rH SO 11DL P/sTRICT-
Professional or technical organization memberships: AME72 ( CA 1V S cFCD b 1- Gt Wclogs
Assoc. (A-ScA) NATIONAL /1-SSac. DP Scf-WOL (?� CNA-cc).
Civic or coomm ni ' �xpe ende, membership,r public sejuhisao
e ap
pointments:
previousp
VOL.0 AfJND N Ft) P,_MAY�7ME- BAN M1EtAI� FA2ENT VOLu�v FJ
AT 1 M fhe $ i.s� sc Oo t, o
Experience or special know edge pertaining to area of interest:
Have you ever been convicted of a crime? No X Yes
Date: cid.//0 l Signature: (b7XPr-_' a . b7 aii,c
Please feel free to provide additional information or letters of endorserp$nt.
� o
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City.
(This document is filed as a public document)
*Residency requirements may not apply
-<n
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
U Building Advisory & Appeals Board*
f1 Civil Service Commission
L1 Community & Police Relations Commission*
LI Housing & Community Development Committee
11 Library Board of Trustees
I I Military, Civic and Special Events Advisory Board
)( Parks & Recreation Advisory Board
I I Planning Commission
LI Port Commission
U Public Art Committee*
rl San Diego County Water Authority
Ll Senior Citizens Advisory Board
>' Street Tree & Parkway Committee
LI Serra Library System Advisory Bd
Cl Sweetwater Authority
LI Traffic Safety Committee
Note: Applicants must be residents and registered to vote in the City of National City.
DCxiNi 5 L dcc'1L C=XL/W
Name
Home Address 2 Ll 3 Eli 5 /6 i /> S% 4 i' t-o Tel. No. 6 /9 9 9 3 i 4,a7
Business Affiliation
Business Address
Length of residence in National City (o YQ
Title
Tel. No.
San Diego County 3 o i4 California /F2'
Educational Background G60 wC4.67N& G67:(r/Act' s/ritc /qg�
Occupational Experience 1 /4' 2J&3 CoA14rit rioN
Professional or technical organization memberships N/-q
Civic or community experience, membership, or previous public service appointments:
Experience or special knowledge pertaining to area of interest:
Home- Lcr2-7r 5 PS/2 Kci4 pck 1NFL'OS or C.iN,e5
Have you ever been convicted of a crime? No
Date n'in 1 I ! z 7 Signature
Yes
o
Please feel free to provide additional information or letters of endorsqfpent.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
(This document is filed as a public document)
*Residency requirements may not apply
Revised July 15, 2004
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
• RECEIVED
4IY
Port Commission cEP 13 It: C
Public Art Committee* 10 1
San Diego County Wat r �j ttyy
Senior Citizens Advisiify board' rlCivtlL Ci
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
r r -"
Home Address: s7 3 0 K /toe , N,1. C.
Name:
Business Affiliation:
Business Address:
Title:
TeL No.:(09)1�/ 7- /Yd
Tel No.:
Length of residence in National City: )7 r5 San Diego County: California: 3/ Ijr.5
Educational Background: P lease See cP5 ti=vn49.4
Occupational Experience: / lea 9 JCC-51/041e,
Professional or technical organization memberships: /%qy&.
Civic or community experience, membership or previous public service appointments:
efuua�c UMr s� 11 ,q/� 5c/ol
Experience or special knowledge pertaining to area of interest:
Have you ever been convicted of a crime? No X Yes
Date: 9. /)-/Q Signature:
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
Alfredo Farias
2730 K Ave. National City, CA 91950 619.477.1922 cyafarias@sbcglobal.net
OBJECTIVE
To obtain a seat has a planning commissioner.
EXPERIENCE
September 00 — June 07 Chula Vista Middle School Chula Vista, CA
Teacher
• Math Teacher
EDUCATION
August 05 — May 2006 National University
MA and Credential in Administration
• Completed all requirements
August 97 — May 98
BCLAD
• Certified bilingual in Spanish
August 91 — August 97
BA in Liberal Arts and Sciences
• Major: Spanish
• Supplementary in Math
Awards/Honors
San Diego State University
San Diego State University
-R EERENCE
December 2005
Bonita Sunrise Rotary
• Vocation of the Month
Fumished upon request.
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
RECEIVED
r ! T Y C)_ E'.'''
Port Commission i;CQ i JUL 30 A 5
Public Art Committee
San Diego County Valat?r,f}uqiRMIl; ,.,1 C.
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: %�tt 1 C }- / v't to ,P
Home Address:?/f
Business Affiliation:
Title:
el. No.:41? /776071
Business Address: Tel. No.:
Length of residence in National City: San Diego County:,—f le5Catifomia: $''# yp5
Educational Background:% 5, t gee ,er . sei c e , r,..i" , b_ , CpBe
4,,, a /t/,,,T &- ,e T SA•ve�ruiM�r t . /7y ,'7
Occupational67,47-ente
Experience: (1i 924-reLF19 co, ?1st M. G • Ale t 5.414 jb I e7 a el'vi
cez• ,. pee' p 7-1.).4-l.v jC r 10,/,e,4- We -A e:
Professional or technical organization members ' • s: //era. 7Qs7
c t Jf/5 sAkt 21e r G'.rr A - )72 e'i es-4.4" FT,,soe //547, es ../x
Civic or community experience, membership, or previous public service appointments:c-
e1e.4 fL AT Pl/r"/�dl►odeX L <Y_P1). 11is!e}4t"iW !NL �Ofi,ec
Experience or )special knowledge pertaining to area of interest: ..
Q ej1 _Ace)it1 �� //p/e ,%i ,u. Lth�' 2dI tires- (.cNT7 Sureei/s6t4
Have you ever been convicted of a crime? No Yes
Date: �% / c /D 7 Signature: t.. Lem. �•-•�
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
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STATE Of CALiFORNhA,'G
!Ijl.g errtifiefi that at
ITT OF SAINT DIEGO
under the provisions of the Ca %gcnwia t Zec tc cn�° ryCod ixnclrc # 'aLth and Sala Code. in the
4.4
held on Novernbeit. 4, 1986
LoweP_ Srrea twatv, Faze Pnoteati.on D.i s z-Lc t
BUTCH FIMPBL
was elected to the office of
MerrbeA the Boc✓%d cF 1I0Leator,s
as appears by the official returns of said Election and statement of votes cast now on file in my office.
Witness my hand and official seal of said County,
this 24.th day of / ,Vovembe.A. 4 D 19 8.
REiISTRAR OF 'OT ' S
Home Address:
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: LOGi %fO (ley�5
o203O Q" Ai/efuna
Business Affiliation: lti Ci a.c2ai. S C tn-t+ Title: try r&J- c�P2
Business Address:'16, % �e S• b. 6j Z i Tel. No.: (&/)Ltt7_t?/c7/
Length of residence in National City: 1�pp San Diego County: California:
Educational Background: 5L (
Tel. No.: 336' 10&56//7-'al9/)
Occupational Experience: Ca rPYi �`t
Professional or technical organization memberships:
Civic or community experience, membership, or previou� public service appointments:
Experience or special knowledge pertaining to areaoo of interest:
cry !Li1Cedj L t d ceig r
Have you ever been convicted of a crime? No X Yes
Date:
1
Signature:
Please feel free to provide additional information
tees of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
V/ Senior Citizens Advisory Board
_ Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Ap licants mu
be residents of the City of National City except for those marked by an *
Name: �/ ",a a
U,4� �'r 4�r 6� pp
Home Address: J �� Tel. No.: ��T/c���`�0�5-9.
Business Affiliation: Title:
Business Address: Tel. No.:
Length of residence in National City: - San Diego County: S5 California:
Educational Background:
i fot
Occupational Experience: 11. $ AM r o2 ,4Y/,4/74v "74
NQ I'q etti'/gi VYST-- R �4'�' , 44-.c%/'4d-O M'/e,S
Professional or technical organization memberships: OCA)
Civic or community experience, membership, or previous public service appointments:
Experience or special knowledge pertaining to area of interest:
if j/ L%d'U4i1441/Z C -yxi)
Have you ever been convicted of a crime? No ir
Date: /-� -43 Signature:
Please feel free to provide additional i,4ormation or letters of endorsement.
Please retum completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Home Address: Icpci 4)
Business Affiliation: frlevlp.ira,l
Business Address: 27 ff . �Gtt/�(%r AR Tel. No(� syy � ' i
ort Commission
Public Art Committee'
San Diego County Water Authority
Senior Citizens Advisory Board
_ _ Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
_ Traffic Safety Committee
Note: Applicants must be residffertioncii
is of the City of National City except for those marked by an *
Name: f2LhU Lsrrori&
Vd L l
Length of residence in National City:
Educational Background:
/
Occupational Experience: ,f/bit
N SS itle:
Tel. No.: (9/S) g L
pe, 01661—
San Diego County: yyrS Califomia:.13 f / yyrS •
C
Professional or technical organization memberships: 44
Civic or community experience, membership, or previous public service appointments:
Exxpperience or special knowledge pertaining to area of in er-st:
/lUc,-- 67,61- a oti
Have you ver been convicted of a crime? No -
Date:
Signature:
Kw
S / t!!it !d /^clji
J
Please feel free to provide additional information or letters of endors�ent,„
ri
-o
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City-=
*Residency requirements may not apply
This document is filed as a public document
V ,
c:�
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
_ Civil Service Commission
i,/tommunity & Police Relations Commission*
_ Housing & Community Development Committee
t /Library Board of Trustees
Military, Civic and Special Events Advisory Board
_ Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
V%enior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: ``pe �f}�Z/�/�l e-Z
Home Address: �Jv2) S , 1/4- 4isew
Business Affiliation:
• Business Address:
Tel. No.(.097/(— 9620E-
Title:
Tel. No.:
Length of residence in National City: 53),,R4 San Diego County:/5
Educational Background: S.jee/t)�g/PR 44JA ,SMc'o/
Occu ational Experience: 4PPN!IS/ ?e 'Red_
D %ce OaRk , v emP/tec Seev/c's Aid -1- e rneekc s/ a/J
Professional or technical organization memberships:
California: S,� yR5
Civic or communitylexperience, membership, or previous public service ppppointments:
Voice eer- - Spee ,9/ /Je%t/ei v /No/ 77 (714(fn, lay i- h1N N /. min)
Experience or special knowledge pertaining/to area of interest:
-4„ ,;,,,,,,k,/ „,' ,,,,,_02.4.
Have you ever been convicted of a crime? NoX Yes _
Date:
Signature:
Please feel free to provide additial information or letters of eTh orsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7. 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
X Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory;Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: N GAT Os \\ G\ 1' \O' akc S tt
Home Address: 3 \ Q t C.k - i�OAV' L C-t T y Tel. No.( (Q ` V a S S - 2 (o 9 cf
I�1Gk� oncl Scitoot ais\. E t T-0YQn Title: T-ea c.he r
Business Address: WOO E. D iv; si vin Sk'• Tel. No.: f (0V ') 33 (o " 8 OS Z
Business Affiliation:
Length of residence in National City: -__ ' (P San Diego County: 16 y rry California: 3 2 YB",1 ,, jr
Educational Background: V\ 0,S-Ve.rS 1 � Mtilt}-i CAA. t.t ra ‘ Ed tn.ca-rich -Cron OcC. �#
Lin
tt r ��JJ t�n�t1U
-5 • S . �+'' SO C10.1 Sct •Cn Ce.s -�rOVn -rY1Z Linhitrs of Col • In Ervtne.
Occupational Experience: -e cLut6eut-GL ._'
Professional or technical organization memberships:
Civic or community experience, membership, or previous public service appointments:
As an eucca-\or e .c m used -to . s�tak rlivifh 49arenif and offer inemblff
o4 +inc. C..o+r`mun i4Fy -
Experience or special knowledge pertaining to area of interest:
Have you ever been convicted of a crime? No x Yes
Date: 4,/.,9l 07
Signature: v ? % r)2//
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
k Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: j Cjs t
Home Address:
Business Affiliation:
l_cJL� Tvn�
4 iv
A \ E Tel. No.: (K./0 </7(% 8 (5
C O T\ S4 r u c t on Title: P I R 3j_ei '
Business Address: 21 n Z..A No 1- AA.) fit t/ TeL No: (6%q)98�
Length of residence in National City: 203 SanDiego County: 2a yr,California: ‘,2,2Y rag
i`.. CGrIgbna
c rJ \ .V i Pc l3 0 i n mi s -V i k �
Educational Background:
Occupational Experience: Zo rrr v f n der i'e,✓t ('
Professional or technical organization memberships: Coc 1 ..2 4(0 pick_ s- c
argark ,-7a--r'Or\ or\\() ✓\
Civic or community experience, membership, or previous public service appointments:
CrC 31-i-)Aa in. j,J 17 o'z ev tb YY
Experience or special knowledge pertaining to area of interest:
der t-Ci 1 fTer(e n t-e ar, �I mere J ivt /ve ! fon al
Have you ever been convicted of a crime? No k Yes _ C 1 4 ' ' Cd r t
Date: 02_/l / 0 8 Signature:
Please feel free to provide additio • • ation or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Yr:
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
diBuildingAdvisory & Appeals Board*
Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
7.1110 5
mote: Applicants must be residents of the City of National City except for those marked by an *
Name: ilr yiv(j ty,11.1,,
Home Address: �� . a - 2 fr
Business Affiliation:
Business Address: S. A .4
Length of residence in National City: {q tr
. Educational Background:
Port Commission
Public Art Committee'
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Title:
San Diego County:
Tel. No.GI 61- 4-17410Qz.%
Tel. No.:
California:
Occupational Experience: mu Q, S i vnc
Professional or technical organization memberships:
Civic or community experience, membership, or previous public service appointments:
Experience or special knowledge pertaining to area of interest:
Have you ever been convicted of a crime? No 1, Yes i
Date:
Signature:"j\A_�
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
_ Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
_ Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
X Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: F _E D Po t-1
Home Address:
� 2 5 5 ++ E Li_ A J E. N, Cu t/
A
2ft, t,_ Yo r'l t c 5 Title:
76 c/ /"1E-5A,"r
Business Address: 5l1 rJ DrE Gn/ CA— c7 7 / i 7
Business Affiliation:
Tel. No.:(2(`I)47S -/(S S
SR. I Ect-/NicAt_ ADO so
Tel. No.:_74jZ
Length of residence in National City: 40YR San Diego County: 6 4- YR5California: `L yQ5
Educational Background: B5 M S MECw At,)(‹At_ G 1 !:►E•E-P�I tam
/`?.AN'y Sao2 -r roc)/ZSEs tN ruGrNEERID HAtoAG t-iEiz j
Occupational Experience: 8 YRS Ow3C2 Cs-th i s ,fit . t toE !?/�Ci Co, tar R1AD ato ft .
CtTY �t.sGtof_ER 1 N AE2o3-PAcc) 34 YeAas AT 6,Eeti 147"o?ll c.S,
Professional or technical organization memberships: _ Accsro Mo7 kiE e L U L3 S
a() S I o►� 1+._ E yt , 0 E-E R 1 u Cr- L. ! C>: E N CA- L i Fo 2N t A•
TC'ITy Nt S -cof? tC/9t_ .iv cr STY
Civic or community experience, membership, or previous public service appointments:
SCRvED 0,4 t-AYoR 6t4i7Ee5'Y`-9CruA- /r;Dt'iSo2y Cgr) Cr7CE. //E✓1B OF
1.3I, AL_ C? T y At.rro h/bszr rP 4E pqy CpMMI TEE�i�% Yf�92Ls).
Experience or special knowledge pertaining to area of interest:
LotJG TtHE J 5 iDFisr' ANO F (' e e owu of sr-rAc i30s7i s
Have you ever been convicted of a crime? No iC Yes
Date: .1 f (8 /O Signature:
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7. 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITr EE E '(E
Y rI E.Ut�
_ Building Advisory & Appeals Board*
X Civil Service Commission
X Community & Police Relations Commission*
X Housing & Community Development Committee
X Library Board of Trustees
X Military, Civic and Special Events Advisory Board
X Parks & Recreation Advisory Board
_ Planning Commission
Port cw"missiftnJUL I b P 3:
_ Public Art Committee*
San Diego CgfW00utlorly
X Senior Citizens Advisory Board
_ Street Tree & Parkway Committee
Sena Library System Advisory Board
_ Sweetwater Authority
X Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: RAMONA RIOS
Home Address: 3414 Eleanor Place National City Tel. No.: 619.479.6175
Business Affiliation: City of National City Title: Library
Business Address: 1401 National City Blvd. Tel. No.: 619.470.5812
Length of residence in National City: Life long San Diego County: Life long Califomia: Life long
Educational Background: 2 years general education
Occupational Experience: Customer service
Professional or technical organization memberships: NIA
Civic or community experience, membership, or previous public service appointments: life long resident
Experience or special knowledge pertaining to area -of -interest: life long resident , city employee and
eager and willing to volunteer my time and talent to serve"Jationai City.
Have you ever been convicted of a/crime? No X / Yes
Date: July 12, 2007 Sign
Please feel free to provide ad onal information or letters of endorsement.
Phase retum completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
Civil Service Commission
_ Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
$C - Public Art Committee*
San Diego County Water Authority
-_ Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: 1t1t±1..2. , R{,fC!:c
Home Address: ±j, , e-
Business Affiliation: Title:
Business Address: Tel. No.:
Tel. No.: {big— 1+77- / 7".
Length of residence in National City:
San Diego County: �� Califomia:
. Educational Background: �� �. t�N { i9 Il
t�. (,(6 Sses
Occupational Experience: 4 q t1 ; tt C\ s 't\4'
Professional or technical organization memberships:
Civic or community experience, membership, or previous public service appointments:
tC 4 4( L t ht ‘01
'Cir( ytri {{ h T t
Experience or special knowledge pertaining to area of interest: C t1 iti k c V CCI
Have you ever been convicted of a crime? No }( Yes
Date: ! C.67 Signature: 1�j, �- R. W
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
Revised March 7, 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
Building Advisory & Appeals Board*
_Civil Service Commission
_Community & Police Relations Commission*
Housing & Community Development Committee
fki(ibrary Board of Trustees
Military, Civic and Special Events Advisory Board
_Parks & Recreation Advisory Board
_Planning Commission
Port CommissionFi. C E I V E D
Public Art Comr lilt * C L C [?
_San Diego County Water Authority
_Senior Citiz9offifOfis213, Epird. t
Street Tree & Parkway Committee
_Serra Libra ,v0m Advisory g Qt
Sweetwatertt11L Gil Y
Traffic Safety Committee
Note: Applicants must be residents of!he City except for those marked by an (*).
Name AciL4fi
Home Address/AK" y' /14// 6-j 09''9/7 Tel. No. ('F// 6/ f-,517 /6y
Business Affiliation_lor% Title it2,i7,rl
Business Address 3l , d4 % -Sy ���/� �/ 2�Tel. No.6/�j- .3.3 -p/D-
Length of residence in National City /2 xics- San Diego County33yrCalifomia S%l c/
Educational Background /' 6/fin �. ��.� r7 � �,� /9�</UG r4c c9
27F,45/13 r _� 74373 Ac (5c-, S7�S ,' v /�loi/Yd� c£r%l�flL
Occupational Experience / y�s.� .1is arf S(�S(�
Professional or technical organization memberships
Civicvior community experience, membership, or previous public service appointmeappointments:/ "/d/' -S[/ Otesckr-/ 1-jc£,v�,l O�lJSc i/1//r4.,,-f
Experience or special knowledge pertaining to area of interest:
/6•54n55 1-cs , iln / r,/c< :711/
Have you ever been convicted of a crime? No7
Date 4,4 2ebr7 Signature
Please feel free to provide additional information or'letters of endorsement.
Please retum completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City.
(This document is filed as a public document)
*Residency requirements may not apply
Revised March 7. 2007
ITEM #2
3/8/08
Approval of the Minutes of the Regular City Council/Community
Development Commission Meeting of February 19, 2008.
(City Clerk)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
To: Honorable Mayor and Council
From: Michael R. Dalla, City Clerk
Subject: Ordinance Introduction and Adoption
ITEM #3
3/4/08
It is recommended that the City Council approve the following motion as part of
the Consent Calendar
"That the City Council waive reading of the text of all
Ordinances considered at this meeting and provide that such
Ordinances shall be introduced and/or adopted after a
reading of only the title."
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 4, 2008
AGENDA ITEM NO.
4
ITEM TITLE A Resolution of the City Council of the City of National City approving, and authorizing the
recordation of an encroachment agreement with Marina Gateway Development Company, LLC for the
installation and maintenance of the parking spaces for public use within the city reserved right-of-way of
Marina Drive
PREPARED BY DEPARTMENT EXT. 4396
Charles Nissley Engineering
EXPLANATION
Marina Gateway Development Company, LLC (Developer) obtained approval to develop the site located at
the comer of Bay Marina Drive and Marina Way into a hotel and commercial area. Conditions for the
development of this site as set forth in the Harbor District Specific Area Plan and their conditions of approval
pursuant to the Coastal Development required the applicant construct seven public parking spaces for the
National City Rail Car Museum.
In order to facilitate the Rail Car Museum and meet the existing Rail Road Right -of -Way clearance
requirements the proposed parking space will be installed within the Marina Way right-of-way south of the
Rail Car Museum.
Marina Gateway Development Company, LLC is requesting that the City of National City enter into an
encroachment agreement for the installation and maintenance of the parking spaces.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Ad •t the Resolt • .
0/ COMMI= ON REC • MENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Encroachment Agreement
marina
A-200 (Rev. 7103)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
AND AUTHORIZING THE RECORDATION OF
AN ENCROACHMENT AGREEMENT WITH
MARINA GATEWAY DEVELOPMENT COMPANY, LLC
FOR THE INSTALLATION AND MAINTENANCE OF
PARKING SPACES FOR PUBLIC USE WITHIN
THE CITY RESERVED RIGHT-OF-WAY OF MARINA DRIVE
WHEREAS, Marina Gateway Development Company, LLC (MGDC) obtained
approval to develop the site located at the corner of Bay Marina Way and Marina Drive into a
hotel and commercial area; and
WHEREAS, the conditions for the development of the site, as set forth in the
Harbor District Specific Area Plan, and the conditions of approval pursuant to the Coastal
Development Permit, require ten public parking spaces for the National City Rail Car Museum;
and
WHEREAS, in order to facilitate the Rail Car Museum and meet the existing
Railroad right-of-way clearance requirements, it is proposed that the parking spaces be installed
within the Marina Drive right-of-way, south of the Rail Car Museum; and
WHEREAS, MGDC has executed an Encroachment Agreement with the City of
National City for the installation and maintenance of the ten parking spaces.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby accepts that certain document entitled "Encroachment Agreement"
executed by Marina Gateway Development Company, LLC, and directs the City Clerk to record
the same.
PASSED and ADOPTED this 4th day of March, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
FEE: $320.00
ENCROACHMENT PFRMI I. AND AGREEMENT
The City Of National City hereby grants an Encroachment Permit to the undersigned,
MARINA GATEWAY DEVGLOPMEN1 COMPANY. LLC (hereinafter referred to as "OWNER") in accordance with
and pursuant. to the terms and conditions set forth in Chapter 13.12 of the National City
Municipal Code.
The OWNER is the owner of that certain real property described in the attached Exhibit
"A", or is an owner of personal property that is proposed to be installed in the public right
of way or other public property of the City of National City, County of San Diego, State
of California. The OWNER, in consideration of this grant of pennission by the City of
National City (hereinafter referred to as "CFFY") to install and maintain certain personal
property or a building, facility or other structure (hereafter designated from time to time
as an "encroachment") within or upon a CITY easement, property or right-of-way for the
use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as
Ibllows:
The site of installation and any description of OWNER'S encroachment is described in
EXHIBIT R, attached.
The terms and conditions under which the encroachment is to be installed and maintained
are as follows:
1. Upon notification in writing by City's City Engineer, the above
described encroaclunent shall be abandoned, removed or relocated by
OWNER at the owner's sole expense.
2. The said encroaclunent shall be maintained in a safe and sanitary
condition at all times at the solc cost, risk and responsibility of OWNER
and any successor in interest, who shall hold CITY harmless with respect
thereto.
3. This permit and agreement, when made for the direct benefit of
Owner's land or property above described, and the covenants herein
contained shall run with said land and shall be binding on the assigns and
successors of OWNER. Should OWNER or its successors Lail to remove
or relocate the encroachment herein permitted within thirty (30) days after
notice of removal or relocation from the City, CITY may cause such
removal or relocation to he done at Owner's sole cost and expense, which
shall he a lien upon said land. A copy of this encroachment agreement
shall be recorded against any real property of the owner's that is hereby
benefited by the encroachment.
4. OWNER, or assign shall furnish the CITY with a faithful
performance hond as security for the prompt completion of well drilling,
installation, removal, abandonment and all appurtenant operations,
including subsequent street resurfacing, restriping, and any required well
head adjustment, if and when such adjustment will he necessary, in order
to install or maintain the encroachment.
5. OWNER shall indemnify, defend, and hold harmless Cf 1 Y, and its
officers, agents and employees from all liability, loss, costs, claims,
demands, suits, and defense costs, including attorneys' fees, arising out of
Owner's entry upon and use of City's easement or right-of-way for the
installation, maintenance and use of the owner's encroachment..
6. OWNER and each successor in interest or assign shall take out and
maintain, during the time the encroachment remains on City's easement or
right-of-way, comprehensive general liability insurance with minimum
limits of One Million Dollars ($1,000,000.00) combined single limit per
occurrence, covering all bodily and property damage arising out of this
Agreement.
This policy shall name CITY and its officers, agents, and employees as
additional insured, and shall constitute primary insurance as to CITY and
its officers, agents and employees, so that any other policies held by CITY
shall not contribute to any loss under said insurance. Said policy shall
provide for thirty (30) days prior written notice to CITY of cancellation or
material change. Prior to commencement of this Agreement, OWNER
shall furnish CITY a certificate of insurance with original endorsements
evidencing the coverage required by this clause. Should owner fail to do
so, City may elect to obtain such coverage at OWNER'S expense or
immediately terminate this agreement.
7. The full tenns and conditions under which this encroachment
permit is issued are further set forth in Chapter 13.12 of the National City
Municipal Code, which terms OWNER hereby specifically acknowledges
and agrees to. Owner also acknowledges that those terms and conditions
include, without limitation, the following:
a. The City reserves the right to charge the Owner "fair and
reasonable" compensation for the use of City property retroactive to the
date of construction or installation of the encroachment.
b. The city can require the removal, relocation or
undcrgrounding of the encroachment when deemed necessary and feasible
by and in the sole discretion of the City Engineer at owner's expense.
8_ This encroachment Perniit is not valid and confers no rights to
install and maintain an encroaclunent until it is accepted by the Owner.
FOR THE ('I7'Y OF NATIONAL CITY
Name:
Title:
AGREED AND A(:(:E.PTE1.):
Dated:__i0 b$....
Mom RnoWVS
Person in Responsible Charge
(Print Name)
(,!°i• 322• I352
24 hr. Phone Number
SVcuA J1RlsAL Dtvf oPMcr)1
Finn Name --- — --- —
OWNER/APPLICANT
MARINA GATEWAY DEVELOPMENT
COMPANY. I,I ,C
Printed Name & Signature
By: .. Managing Member
Michael Reb'er, Pfesident
Printed Name & Signature
922 West 23"I Street
Suite 200
National City, California 91959
619-474-1450
Mailing Address
Phone Number
Attach notary certification for the name shown above. Use California All Purpose
Acknowledgement Notary only.
JS:Jha2111
PLAT SIIOWING LOCATION OF BUILDING OR (.YI'HER STRUCTURES,
EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE
FACILITIES: SEE EXHIBIT "B" ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California J County of an IcJ a /
On 1A Y1. '3 0, a ��5 before me, �Y10O � nGt• SG r�
r le v Ilere Insert Name and Title of the Officer
personally appeared I-lIC.t� g. wer
ie p
Name(s) of SigneAs)
r. • ANG€L NA SANFORD
._ 4* COMM. 61559795 m
� +� SSA) DIM COUNTY z
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persorffi4 whose namefi) is/a* subscribed to the
within instrument and acknowledged to me that
he/size4I ey executed the same in his/hDr'tfii5r authorized
capacity(@), and that by his/herAb& signature] a) on the
instrument the person%), or the entity upon behalf of
which the person(] acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and offic' I seal.
Signature
OPTIONAL
Signature of Notary
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document y� ^ ,
Title or Type of Document: E nC roacY r_ lmen� tt 1�± (Y� ree
Document Date: )/ o Jan s
Signer(s) Other Than Named Above: nki
Capacity(ies) Claimed by Sig{��nerr(s)
Signer's Name: _ ei1a� 1_.. R. We l
Individual
O Corporate Officer — Title(s):
rl Partner -- O Limited J General
L Attorney in Fact
Li Trustee
fl Guardia Conservator
g Other:
Number of Pages:
Signers Name:
Ill Individual
El Corporate Officer Title(s):
L Partner — ! Limited fJ General
E Attorney in Fact
ri Trustee
J Guardian or Conservator
i1 Other:..
Signer Is Representing: " Signer Is Representing:
RIGHT THUMBPRINT
O SIGNER
Top ul thumb here
S12IX77 Nat w$ N W rry A.:0 iubn - 9.150 De Solo Aye.. RO Bo, 240'2 • Chatsworth. CA 91313-2402 • www.NationalNnIary erg Owl 05907 Rrnxdu,: Cafl Toll -Free 1-800.157G4.4527
EXHIBIT A
PARCEL 1: (APN 559-117-14 & 15)
TIIAT PORTION OF BLOCK 281 OF' NATIONAL CITY, IN TIIE CITY OF NATIONAL
CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY. OCTOBER 2, 1882, INCLUDING A PORTION OF THE AIJI'Y AS
VACATED BY RESOLUTION AUTIIORIZING EXECUTION OF AN ORDER OF
VACATION OF AN UNIMPROVED PORTION OF CLEVELAND AVENUE AND AN
TNIMPROVED ALLEY SOUTH OF BAY MARINA DRIVE AND EAST OF MARINA WAY
RECORDED AUGUST 16, 2007 AS INSTRUMENT NO. 2007-0.548712, OF OFFICIAL
RECORDS IN SAID BLOCK 281, DESCRIBED IN PARCELS A AND B BELOW.
PARCEL "A": (APN 559-117-14)
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 281 OF NA'I'IONAI.
CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 348 COMPILED FOR THE SAN DIEGO LAND & 'TOWN COMPANY
ANI) FILED IN TIIE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
ON OCTOBER 2, 1882, TIIENCE SOUTH 19°06' EAST ALONG THE EASTERLY LINE OF
SAID BLOCK 281, A DISTANCE OF 250 F'EE'F 'I'O THE MOST EASTERLY CORNER OF
SAID BLOCK 281; THENCE SOUTH 71° 00' WEST ALONG THIE SOUTHERLY LINE OF
SAID BLOCK 281 A DISTANCE OF' 224.44 FEET TO A LINE THAT IS CONCENTRIC
WITH AND 12 FEET SOUTHEASTERLY MEASURED RADIALLY FROM THE CENTER
LINE OF THE MAIN TRACK OF THE CORONADO BRANCH OF THE SAN DIEGO AND
ARIZONA EASTERN RAILWAY COMPANY; THENCE NORTHEASTERLY ALONG
SAID CONCENTRIC LINE FROM A TANGENT THAT BEARS NORTII 6° 05' EAST ON A
CURVE TO THE RIGIIT IIAVING A RADIUS OF 449.73 FEET - TIIE CIIORD OF SAID
CURVE BEARS NORTH 16° 20' 40" EAST 160.22 FEET- AN ARC DISTANCE OF 161.08
FEET; THENCE NORTH 26° 36' 20" EAST PARALLEL WITH ANI) 12 FEET
SOUTIIEASTERLY A'I' RIGHT ANGI.ES FROM SAID CENTER LINE OF MAIN TRACK
OF SAID CORONADO BEACH TANGENT TO LAST DESCRIBED CURVE AT LAST
MENTIONED POINT, 70.19 FEET; THENCE NORTHEASTERLY ALONG A I..INE
CONCENTRIC WITH AND 12 FEET SOUTIIEASTERLY MEASURED RADIALLY FROM
SAID CEN'I'ER LINE OF MAIN TRACK OF SAID CORONADO BRANCH, ON A CURVE
TO THE LEFT 'TANGENT TO LAST DESCRIBED COURSE. AT LAST MENTIONED
POINT, HAVING A RADIUS OF 473.73 FEET -THE CHORD OF SAID CURVE BEARS
NORTH 21° 03' 04" EAST 91.71 FEET- AN ARC DISTANT OF 91.85 FEET 'CO THE
NORTIIERLY LINE OF SAID BLOCK 281; THENCE NORTII 71°00' EAST ALONG SAID
NORTHERLY LINE OF BLOCK. 281 A DISTANCE OF 22.14 FEET POINT OF
BEGINNING.
Exhibit A
Page 1 of 8
PARCEL "B": (APN 559-117-15)
BEGINNING AT A POINT IN TILE NORTIIERLY LINE OF SAID BLOCK 281 1'HA'1' IS
SOUTH 71° 00' WEST ALONG SAID NORTIIERLY LINE 51.64 FEET FROM THE MOST
NORTHERLY CORNER OF SAID BLOCK 281, SAID POINT IS ALSO IN A LINE THAT IS
CONCENTRIC W1'l'H AND 12 FEET NORTHWESTERLY MEASURED RADIALLY FROM
THE CENTER LINE OF THE MAIN 'TRACK OF THE CORONADO BRANCH OF TIIE SAN
DIEGO AND ARIZONA EASTERN RAILWAY COMPANY; THENCE SOUTHWESTERLY
ALONG SAID CONCENTRIC LINE FROM A TANGENT THAT BEARS SOUTH 17° 37' 32" -
WEST ON A CURVE TO TIIE RIGIIT IIAVING A RADIUS OF 449.7:3 FEET -THE CHORD
OF SAID CURVE BEARS SOUTII 22° 06' 56" WEST 70.41 FEET- AN ARC DISTANCE OF
70.49 FEET; THENCE SOUTH 26° 36' 20" WEST PARALLEL. WITH ANI) 12 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM SAID CENTER LINE OF MAIN TRACK
OF SAID CORONADO BEACH, TANGENT TO LAST DESCRIBED CURVE: AT LAST
MENTIONED POINT 70.19 FEEF; 'THENCE NORTH 86° 39' 10" WEST 0.50 FEE?'I' TO A
LINE TIIAT IS CONCENTRIC WITH AND 1.2 FEET EASTERLY MEASURED RADIALLY
FROM THE CENTER LINE OF A SPUR TRACK OF THE SAN DIEGO AND ARIZONA
EASTERN RAILWAY COMPANY: THENCE NORTHERLY ALONG SAID CONCENTRIC
LINE FROM A TANGENT TIIAT BEARS NORTH .3° 20' 50" EAST ON A CURVE TO TIIE
LEFT, HAVING A RADIUS OF 471.28 FEET -TIIE CIIORD OF SAID CURVE BEARS
NORTH 3° 06' 40" WEST 106.02 FEET- AN ARC DISTANCE OF 106.24 FEET 'I'O THE
SAID NORTHERLY LINE OF BLOCK 281; THENCE NORTII 71°00' EAST ALONG SAID
NORTHERLY LINE OF BLOCK 281 A INSTANCE OF 67.88 FEET POINT OF
BEGINNING.
TOGETHER WITH THOSE PORTIONS OF THE NORTH ONE-HALF OF 25TH STREET
ANI) THE WEST ONE-HALF OF CLEVELAND AVENUE, FORMERLY 8TH AVENUE IF
ANY, AS CLOSED BY RESOLUTION NO. 12268 OF THE CITY OF NATIONAL. CITY,
RECORDED FEBRIJARY 28, 1977 AS DOCUMENT NO. 72282 OF OFFICIAL RECORDS,
WIIICII REVERT BY OPERATION OF LAW TO SAID PARCELS "A" AND "B" ABOVE.
EXCEPTING TIIEREFROM THE EASTERLY FOURTEEN FEET OF CLEVELAND
AVENUE (FORMERLY 8TH AVENUE) ADJACENT 'l'O THE WESTERLY LINE OF
VACATED FORTY FOOT CLEVELANI) AVENUE AND BETWEEN TIIE SOUTIIERI.Y
I,INI•: OF"TWENTY-FOURTII STREET AND THE SOl1THERLY LINE OF TWENTY-FIFTH
STREET AS SHOWN ON SAID MAP 348, AS RESERVED FROM SAID VACATION IN
SAID DOCUMENT.
Exhibit A
Page 2 of 8
EXCEPTING FROM PARCELS 1 "A" AND "B" HEREINBEFORE DESCRIBED ANY
PORTION LYING WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly corner of Block 281 of National City, in the City of National
City, County of San Diego, State of California, according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72°16'01" East (North 71°00' East per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
17°45'40" East per Record of Survey) 0.53 feet; thence South 88°45'41" East 182.19 feet; thence
South 79°42'01" East 5025 feet; thence leaving said Westerly line South 88°56'50" West 107.15
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly; thence Westerly
along the arc of said curve through a central angle of 16°40'49" a distance of 87..34 feet; thence
South 72°16'01" West 77.89 feet; thence North 35°14'08" West 11.53 feet; thence South
72°16'O1" West 256.63 feet to the Westerly line of said Port District lands; thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
PARCEL 2: (APN 559-160-03)
THE WESTERLY 125.00 FEET (MEASURED AT RIGHT ANGLES 'I'O THE WESTERLY
LINE THEREOF) OF TRACT "A" OF THE CHAMBER OF COMMERCE INDUSTRIAL
LANDS NO. 1 IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1731, FILED IN TIIE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JIJNE 9, 1922. TOGETHER WITH
THOSE PORTIONS OF 8TH AVENUE, ADJOINING SAID TRACT "A" ON THE WEST, AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION 1064 OF THE BOARD
TRUSTEES OF THE CITY OF NATIONAL CITY, SAID PORTIONS BEING DESCRIBED
AS FOLLOWS:
THAT PORTION OF THE EASTERLY 40.00 FEET OF SAID 8TH AVENUE, LYING
SOUTHERLY OF THE WESTERLY PROLONGATION OF THE NORTIIERLY LINE OF
SAID 'TRACT "A'; AND NORTHERLY OF THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF 25TI1 STREET, AND THAT PORTION OF THE EAST HALF OF
SAID 8TH AVENUE LYING SOUTHERLY OF THE EASTERLY PROLONGATION OF
25'1'H STREET. AND NORTHERLY OF THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF SAID TRACT "A".
EXCEPTING FROM PARCEL, 2 HEREINBEFORE DESCRIBED ANY PORTION LYING
WITIIIN TIIE LAND DESCRIBED AS FOLLOWS:
Exhibit A
Page 3 of 8
Beginning at the Easterly terminus of that course shown as North 72° 16' 11 " East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, being the Northerly line of said Record of Survey South 72° 16' 11" West
300.00 feet to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72°11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48' 10"
West 124.80 feet; thence North 72°15'57" Fast 62.93 feet; thence North 5618' 15" East 31.05
feet; thence South 33°41'45" East 47.00 feet; thence North 56°18'15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31"a distance of 89.29 feet; thence
North 22°38'44" East 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly line the following
courses: South 31°12'43" East (South 31°19'37" East per Record of Survey) 145.51 feet; thence
South 30°11'09" West 66.08 feet; thence South 27°11'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72°16'1 l" West per Record of Survey) 307.22 feet; thence South
17°43'17" East 164.90 feet to the Point of Beginning.
PARCEL 3: (APN 559-160-09 & 21)
ALL THOSE PORTIONS OF TRACTS "A" AND "B" OF CHAMBER OF COMMERCE
INDUSTRIAL LANDS NO. 1, ACCORDING TO MAP THEREOF NO. 1731, ANI) LOTS 1
THROUGH 5, 18, 19, 20, 23 AND 24 IN BLOCK 232 OF NATIONAI. CITY, ACCORDING
'1'O MAP THEREOF NO. 348, SAID MAPS BEING IN THE CITY OF NATIONAL, CITY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ANI) FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETIIER WITII THAT
PORTION OF THE EASTERLY 40.00 FEET OF 8TH AVENUE, LYING WESTERLY OF
AND ADJOINING SAID LOTS 1 THROUGH 5 OF SAID MAP NO. 348, LYING
WESTERLY AND SOUTHERLY OF A LINE. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH I,INE OF SAID TRACT "A", SAID POINT
BEING TILE SOUTHEAST CORNER OF TIIE LAND DESCRIBED IN THE DIRECTOR'S
DEED TO C & M MEAT PACKING CORP., A CALIFORNIA CORPORATION,
RECORDED FEBRUARY 28, 1968, AS FILE/PAGE NUMBER 34172 OF OFFICIAL
RECORDS; THENCE ALONG TIIE EASTERLY LINE OF SAID LAND; NORTH 27° 10' 57"
WEST 34.34 FEET; NORTII 30" 11' 05" EAST 66.08 FEET; NORTH 31° 19' 37" WEST 268.23
FEET; NORTII 79° 41' 54" WEST 120.04 FEET; AND NORTH 88° 45' 34" WEST '1'O A
POINT ON THE WESTERLY LINE OF SAID LOT 23, SAID POINT ALSO BEING THE
MOST SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN TIIE DEED TO THE:
STATE OF CALIFORNIA, RECORDED DECEMBER 8, 1961, AS FILE/PAGE NUMBER
212155 OF OFFICIAL RECORDS, THENCE ALONG TIIE SOUTHERLY BOUNDARY OF
SAID S'l'ATE'S LAND, NORTH 88° 45' 34" WEST.
Exhibit A
Page 4of8
EXCEPTING THEREFROM TIIE WESTERLY 125.00 FEET (MEASURED AT RIGHT
ANGLES TO THE WESTERLY LINE THEREOF) OF TRACT "A" OF TILE CHAMBER OF
COMMERCE INI)IISTRIAL LANDS NO. 1 IN TIIE CITY OF NATIONAL CITY. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1731,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE
9, 1922.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE
NORTHERLY LINE OF LAND CONVEYED 'I'O TIIE UNITED STATES OF AMERICA BY
GRANT DEED RECORDED AUGUST 12, 1988 AS FILE NO. 88-399671 OF OFFICIAL.
RECORDS, SAID LAND BEING SHOWN ON RECORD OF SURVEY MAP NO. 11749
FILED AUGUST 10, 1988 AS FILE NO. 88-394302 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THAT PORTION LYING WITHIN LOTS 18, 19, 20 AND 23 IN
BLOCK 232 THE TITLE AND EXCLUSIVE RIGHT 'ID ALL OF THE MINERALS AND
MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST OR
HEREAFTER DISCOVERED (UPON, WITHIN OR UNDERLYING SAID LAND OR THAT
MAY BE PRODUCED THEREFROM INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, ALL, PETROLEUM, OIL, NATURAL GAS AND
OTHER IIYDROCARBON SUBSTANCES AND PRODUCTS DERIVED 'THEREFROM,
TOGETHER WITH THE EXCLUSIVE AND PERPETUAL RIGIIT OF SAID GRANTOR, ITS
SUCCESSORS AND ASSIGNS, OF INGRESS AND EGRESS BENEATH THE SURFACE
OF SAID LAND'1'O EXPLORE FOR, EXTRACT, MINE AND REMOVE THE SAME, AND
TO MAKE SUCH USE OF THE SAID LAND BENEATH THE SURFACE AS IS
NECESSARY OR USEFUL IN CONNECTION 'THEREWITH, WHICH USE MAY INCLUDE
LATERAL OR SLANT DRILLING, BORING, DIGGING OR SINKING OF WELLS,
SHAFTS OR TUNNELS; PROVIDEI.), HOWEVER, THAT SAID GRANTOR, ITS
SUCCESSORS ANI) ASSIGNS, SHAL1, NOT USE THE SURFACE OF SAID LAND IN THE
EXERCISE OF ANY OF SAID RIGH'FS, AND SHALL NOT DISTURB 'l'HE SURFACE OF
SAID LAND OR ANY IMPROVEMENTS THEREON.
EXCEPTING FROM PARCEL, 3 HEREINBEFORE DESCRIBED ANY PORTION LYING
WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly comer of Block 281 of National City, in the City of National
City, County of San Diego, State of California, according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72°16'01" East (North 71°00' East per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
17°45'40" East per Record of Survey) 0.53 feet; thence South 88°45'41" East 182.19 feet: thence
South 79°42'01" East 5025 feet; thence leaving said Westerly line South 88°56'50" West 107.15
Exhibit A
Page 5 of 8
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly: thence Westerly
along the arc of said curve through a central angle of 16°40'49" a distance of 87.34 feet; thence
South 72° 16'O1" West 77.89 feet.: thence North 35°14'08" West 11.53 feet; thence South
72°16'Ol" West 256.63 feet to the Westerly line of said Port District lands; thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
FURTIIER EXCEPTING FROM PARCEL 2 HEREINBEFORE DESCRIBED ANY PORTION
LYING WITHIN THE LANI) DESCRIBED AS FOLLOWS:
Beginning at the Easterly terminus of that course shown as North 72°16' 11" East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, Being the Northerly line .of said Record of Survey South 72°16'11" West
300.00 feet. to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72'11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48' 10"
West 124.80 feet; thence North 72°15'57" East 62.93 feet; thence North 56°18'15" East 31.05
feet; thence South 33°41'45" East 47.00 feet; thence North 56°18'15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31" a distance of 89.29 feet; thence
North 22°38'44" Fast 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly tine the following
courses: South 31°12'43" East (South 31°19'37" Fast per Record of Survey) 145.51 feet; thence
South 30°11'09" West 66.08 feet; thence South 27°11'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72° 16' l 1 " West per Record of Survey) 307.22 feet; thence South
17°43'17" East 164.90 feet to the Point of Beginning.
PARCEL 4: (ASSESSOR'S PARCEL, NO. 559-117-09) IN'fENTIONAI.LY OMITTED.
PARCEL 5: (APN: 559-160-11)
LOTS 1 TO 10 INCLUSIVE, AND LOTS 13 TO 22, INCLUSIVE, BLOCK 282 OF
NATIONAL CITY, IN TIIE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 348, FILED IN TIIE
OFFICE OF" I'HE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 2, 1882.
ALSO THE WESTERLY 50.00 FEET OF 8TH AVENUE ADJOINING TIIE ABOVE BLOCK
ON THE EAST, AND THE NORTHERLY 40.00 FEET OF 26TI1 STREET ADJOINING ON
THE SOUTH TOGETHER WITH THE ALLEY IN SAID BLOCK, AS CLOSED BY
RESOLUTION NO. 1064 ON JULY 20, 1926. ALSO THAT PORTION OF THE SOUTH
HALF OF 25T11 STREET ADJOINING SAID BLOCK 282 ON TIIE NORTH AND LYING
Exhibit A
Page 6 of 8
BETWEEN THE NORTHWESTERLY PROLONGATION OF THE EASTERLY AND
WESTERLY LINES OF SAID BLOCK 282.
EXCEPTING FROM PARCEL 5 HEREINBEFORE DESCRIBED ANY PORTION LYING
WITHIN TILE LANI) DESCRIBED AS FOLLOWS:
Beginning at the Easterly terminus of that course shown as North 72°16' 11" East 334.43 feet on
Record of Survey No. 11749, on file in the Office of the San Diego County Recorder; thence
along said course, being the Northerly line of said Record of Survey South 72°16'11" West
300.00 feet to the Westerly line of that land described in a Final Order of Condemnation,
recorded March 13, 2001 as Document No. 2001-0144969 of San Diego County Official
Records; thence along said Westerly line North 17°45'41" West 66.65 feet; thence North
72°11'50" East 264.26 feet; thence North 09°01'47" East 34.85 feet; thence North 17°48'10"
West 124.80 feet; thence North 72°15'57" Fast 62.93 feet; thence North 56°18'15" East 31.05
feet; thence South 33°41'45" East 47.00 feet; thence North 56° 18' 15" East 40.31 feet to the
beginning of a tangent 152.00 foot radius curve concave Northwesterly; thence Northeasterly
along the arc of said curve through a central angle of 33°39'31 " a distance of 89.29 feet: thence
North 22°38'44" Fast 182.94 feet to a point on the Westerly line of Record of Survey 14314,
filed in the Office of said County Recorder; thence along said Westerly line the following
courses: South 31°12'43" East (South 31°19'37" East per Record of Survey) 145.51 feet; thence
South 30°11'09" West 66.08 feet; thence South 27°11'04" East 34.37 feet to the Northerly line of
said Record of Survey No. 11749; thence along said Northerly line the following courses: South
72°18'29" West (South 72°16' 11" West per Record of Survey) 307.22 feet; thence South
17°43' 17" East 164.90 feet to the Point of Beginning.
PARCEL 6:
ALL THAT PORTION OF CLEVELAND AVENUE (FORMERLY STII AVENUE) AS
VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 12268 OF THE CITY
OF NATIONAL CITY RECORDED FEBRIJARY 28, 1977 AS FILE NO. 77-072282,
OFFICIAL, RECORDS, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF TIIE
CENTER LINE OF 25TH STREET ANI) LYING NORTHERLY OF THE EASTERLY
EXTENSION OF THE SOUTHERLY LINE OF SAID 25TH STREET, IN THE CITY OF
NATIONAL CITY, IN TIIE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING '1'O MAP NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, OC'l'OBER 2, 1882.
EXCEPTING 'THEREFROM THE EASTERLY FOURTEEN FEET OF CLEVELAND
AVENUE (FORMERLY 8TH AVENUE) ADJACENT TO THE WESTERLY LINE OF
VACATED FORTY FOOT CLEVELAND AVENUE AND BETWEEN TIIE SOUTHERLY
LINE OF TWENTY-FOURTH STREET AND THE SOUTHERLY LINE OF TWENTY-FIFTH
STREET AS SIIOWN ON SAID MAP 348, AS RESERVED FROM SAID VACATION IN
SAID DOCUMENT.
Exhibit A
Page 7 of 8
PARCEL 7:
THE EASTERLY 14 FEET OF THAT PORTION OF CLEVELAND AVENUE (FORMERLY
EIGHTH AVENUE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING T'O MAP TIIEREOF NO. 348 FILED IN TIIE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 2, 1882,
ADJACENT TO THE WESTERLY LINE OF VACATED EASTERLY FORTY FEET OF
SAID CLEVELAND AVENUE (FORMERLY EIGHTH AVENUE), LYING BETWEEN THE
SOUTHERLY LINE OF 24T1I STREET AND TILE SOUTHERLY LINE OF 25T11 STREET,
AS RESERVED FROM VACATION IN TIIAT CERTAIN ORDER OF VACA'I'ION
RECORDED FEBRUARY 28, 1977 AS FILE NO. 77-072282, OFFICIAL. RECORDS, AS
SUBSEQUENTLY VACATED AND CLOSED TO PIJI31,1C USE BY RESOLUTION
AUTIIORI'LING EXECUTION OF AN ORDER OF VACATION OF AN UNIMPROVED
PORTION OF CLEVELAND AVENUE AND AN UNIMPROVED ALLEY SOUTH OF
MARINA BAY DRIVE AND EAST OF MARINA WAY, RECORDED AUGUST 16, 2007 AS
FILE NO. 2007-0548712, OFFICIAL, RECORDS.
EXCEPTING FROM PARCEL 7 IIEREINBEFORE DESCRIBED ANY PORTION LYING
WITHIN THE LAND DESCRIBED AS FOLLOWS:
Beginning at the most Westerly corner of Block 281 of National City, in the City of National
City, County of San Diego, State of California, according to Map thereof No. 348 as described in
a deed to the San Diego Unified Port District recorded in the Office of San Diego County on
January 21, 2000 as Document No. 2000-0031951; thence along the Northerly line of said Block
281 and the prolongation thereof North 72°16'O1" East (North 71°00' Fast per deed) 310.11 feet
to a point on the Westerly line of Record of Survey 14314 filed in the Office of said County
Recorder; thence along said Westerly line the following courses: South 17°43'59" East (South
17°45'40" East per Record of Survey) 0.53 feet; thence South 88°45'41" East 182.19 feet; thence
South 79°42'O1" Fast 50.25 feet; thence leaving said Westerly line South 88°56'50" West 107.15
feet to the beginning of a tangent 300.00 foot radius curve concave Southerly; thence Westerly
along the arc of said curve through a central angle of 1 6°40'49" a distance of 87.34 feet; thence
South 72°16'01" West 77.89 feet; thence North 35°14'08" West 11.53 feet; thence South
72°16'0l" West 256.63 feet to the Westerly line of said Port District lands: thence along said
Westerly line North 17°45'41" West 29.00 feet to the Point of Beginning.
ENT) OF LEGAL. DESCRIPTION
Exhibit A
Page 8 of 8
EXHIBIT B
J-14497A
EXHIBIT "A"
(ENCROACHMENT PARCEL)
Parcel "E"
That portion of Marina Way (Harrison Avenue) adjoining Block 281 of National
City, in the City of National City, County of San Diego, State of California,
according to Map thereof No. 348, filed in the Office of the County Recorder of
San Diego County October 2, 1882, described as follows:
Commencing at the Northwesterly comer of said Block 281; thence along the
Westerly line thereof South 17°45'41" East 184.04 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Westerly line South 17°45'41" East
65.00 feet; thence leaving said line South 72°14'19" West 20.00 feet; thence
North 17°45'41" West 65.00 feet; thence North 72°14'19" East 20.00 feet to the
TRUE POINT OF BEGINNING.
Containing 0.030 acres, more or Tess.
2-25--zvvd
Patrick A. McMichael, LS. 6187 Date
Jb/14497a.001
EXHIBIT "B"
T BAY MARINA DRIVE (24TH STREET )
N7274'19 E
20,00'
40
20
0
SCALE 16= 40'
OF GAI.ti
LEGEND
ONV73A379
ELOCK 281 F«� ENCROACHMENT INDICATES PARCEL, 0.030 ACRES
MAP 348 P.O.C. INDICATES POINT OF COM IENCEMENT
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
257-H STREET
( VACATED 1
BASIS OFBEARINGS
- THE BASIS OF BEARINGS FOR THIS DRAWING
1S A PORTION OF THE NORTHERLY LINE OF
RECORD OF SURVEY MAP NO. 11749.
I.E. N72' 16'11'E.
RICK
J. 15173
5620 FRIARS ROAD
SAN DIEGO, CA 92110
619.291.0707
ENGINEERING COMPANY (FAX)619.291.4165
R PATRICK A. MCMICHAEL. LS 6187 DATE
w \a - I,.i I Kr1I.1 M W2MI...Ir.don
\\v v_a...4\III,,,,,. C.\1en11M-20M•\aMmocp4vel.ctsV.c. v! .IC.-50\10.T.K.O. pM1
2fi E.-200. OM II
ENCROACHMENT PARCEL
OVERA PORTION OF MARINA WAY
(HARRISONA VENUE) IN THE
CITY OF NATIONAL CITY,
COUNTY OFSAN DIECO,
STATE OFG4UFORNIA
AGORA. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Affinity Insurance Services
P.O. Box 609015
San Diego CA 92160
Phone:050-541-1900 Fax:858-277-4519
1USURED
Sycuan Band of the Kumeyaay
Nation/Sycuan Resort 6 Casino
5465 Casino Way
El Cajon CA 92019
OP ID SH
SYCUA-1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER TILE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
DATE. NINUOT TYYVY)
07/03/07
NAIC !/
INSUBERk Hudson Insurance Company
INSURER B:
NSJJRER C
INSURER U:
INSURER E
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MAY
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TERM OR CONDITION OF AM' CONTRACTOR OTHER UOCUMENT WI1 H HEA'CCT TO W1NCll THIS CERTIFICATE. MMY
THE INSURANCE AFFORAa1 BY T11E P011IxS OESCRIBEU IiFREW IS SUUFCT TO ALL T1TF TERMS, EXCLUSIONSS AND CONOITIOHS
LURS SHOWN NAY HAVE BEEN RFDIICED BY PAID CLAIMS
NOT WITlSTANOING
BE 1STI FO OR
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TYPE OF INSURANCE
POI ICY NUMBER
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DESCRIPTION OF OPP.RAT10N5 I LOCATIONS I V@MCLES (EXCLUSIONS ADDED BY ENDORSTETWID 1 SPECIAL PROVISIONS
Certificate Holder including their respective officers, employees and agents
aro named as Additional Insured with respects to MAW Group Inc as the
managing member of MGDC, LLC for Sycuan Tribal Development.
ERTIFICATE HOLDER
CANCELLATION
CDCNATL
City of National City
Community Uev. Commission
1243 National City Blvd.,
National City CA 91950-4397
CORD 25 (2001108)
SHOULD ANY OF THE ABOVE OESCR: W PONCES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER MILL ENDEAVOR TO MAIL 30* DArs WHITTEN
NOTICE TO THE CERTIFICATE HOTTER NAMED TO RE1-EFT. BUT FALURE TO DO s0 SHALL
IMPOSE MO OBLIGATION OR UAA$ ITY OF ANT KIND UPON THE INSURER. ITS AGENTS OR
REFILSENTATIVES.
1 ACORD CORPORATION 1988
eiHUDSON
INSURANCE GROUP®
HUDSON INSURANCE COMPANY
SOVEREIGN NATION ALL LINES AGGREGATE INSURANCE POLICY
THIS ENDORSEMENT C:IIANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Assured:
Policy Number:
Effective date of
change:
Endorsement #:
Sycuan Band of Kumeyaay
Nation, Sycuan Resort &
Casino, Sycuan Resort &
Singing Hills, Sycuan Tribal
Dev Corp/Marina Gateway Dev
LLC, US Grant Hotel
NAA00002-07
7/1/07
2
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
INSURING AGREEMENT — GENERAL LIABILITY
This endorsement identifies persons) or organization(s) who are "Assurcds" under Coverage Part I. This
endorsement does not alter coverage provided in Coverage part 1.
SCHEDULE
Name of Person(s) or Organization(s): City of National City, including officers, employees
and agents.
Each person or organization shown in the Schedule is an "Assured" for Liability coverage, but only to the extent that
person or organization qualifies as an "Assured" under Coverage Part 1, Section
A. ASSURED: It is agreed that the unqualified word Assured, wherever used in this Policy, includes nut only the Named Assured
as stated in the Declarations but alsu:
I. any official, trustee, employee or volunteer of the Named Assured while acting within the scope of his duties as such, and any
person, organization, trustee or estate to whom the Narncd Assured is obligated by virtue of Written contract or oral agreement to
provide insurance such as is afforded by this Policy, but only in respect of operations performed by or on behalf of the Named
.Assured;
Authorized Representative
All other Terms and Conditions remain the same.
02/13/08 sh
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE March 4, 2008
AGENDA ITEM NO.
5
ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit and
Finding of No Significant Environmental Effect for 16 Detached Homes With an Exception for Less Than
Required Setbacks and Building Separation on an Approximately 1.5 Acre Site North of the Intersection of
Kimball Way, F Avenue and E. 14th Street (Applicant: Bitterlin Development Corp.) (Case File No. 2007-
37 S, CUP)
PREPARED BY Angela ReOLL
eder 336-4310 DEPARTMENT Planning
EXPLANATION
The City Council voted to approve this item at the February 19, 2008 public hearing. The attached
resolution is needed to follow through on the action.
Environmental Review
Financial Statement
N/A
N/A Negative Declaration
(2007-37 IS)
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the attached resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Resolution
A-200 (9/99)
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A TENTATIVE SUBDIVISION MAP AND
CONDITIONAL USE PERMIT AND•PROPOSED FINDING
OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR
16 DETACHED HOMES WITH AN EXCEPTION
FOR LESS THAN REQUIRED SETBACKS AND
BUILDING SEPARATION ON AN APPROXIMATELY
1.5 ACRE SITE NORTH OF THE INTERSECTION OF
KIMBALL WAY, F AVENUE AND 14TH STREET.
APPLICANT: BITTERLIN DEVELOPMENT CORP.
CASE FILE NO. 2007-37 S, CUP
WHEREAS, application was made for approval of a Tentative Subdivision Map
and Conditional Use Permit for 16 detached homes with exceptions for Tess than required
setbacks and building separation on an approximately 1.5 acre site north of the intersection of
Kimball Way, F Avenue and East 14th Street on property generally described as:
Portion of Lot 11 in Quarter Section 154, Rancho De La Nacio,
according to Map thereof, by Morrill No. 166, together with Lot 3 of
Center City Project, according to Map thereof No. 8807.
WHEREAS, the Planning Commission considered said application at a duly
advertised public hearing held on February 4, 2008, and by Resolution recommended
conditional approval of the application; and
WHEREAS, the City Council considered said application at a duly advertised
public hearing held on February 19, 2008, 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. 2007-37 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 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 that the City Council of the City of
National City hereby approves the Tentative Subdivision Map and Conditional Use Permit for 16
detached homes with an exception for less than required setbacks and building separation on
an approximately 1.5 acre site, based on the following findings:
Resolution No. 2008 —
March 4, 2008
Page 2
RECOMMENDED FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION MAP
1. The proposed map will not have a significant effect on the environment since the site is
currently developed and is located within a fully urbanized area.
2. The proposed map is consistent with the National City General Plan, including Specific
Plans since the General Plan/Zone designation for the project site is General Commercial -
Planned Development (CG-PD), which provides for the creation of home ownership
opportunities, allows for a mixture of land uses to provide additional housing opportunities,
removes under-utilized commercial property, and incorporates high quality design. There
are no Specific Plans that are applicable to the project site.
3. The site is physically suitable for the proposed type of development, since the project will
develop 16 new single-family homes and their required amenities, such as parking and
open space, in an urbanized developed area, and is suitable for two-story residential
development.
4. The site is physically suitable for the proposed density of development, since the proposed
16 units (10.7 units per acre) is less than the 34.8 units per acre as allowed in the CG-PD
zone.
5. 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 project site is located in an urbanized and developed area and
proposes no development or construction within the adjacent Paradise Creek.
6. 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.
7. 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 any easements located on the site will be relocated by
condition of approval.
8. 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.
9. 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.
Resolution No. 2008 —
March 4, 2008
Page 3
10. 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
CONDITIONAL USE PERMIT
1. That the site for the proposed use is adequate in size and shape, since the 1.51 acre site
can accommodate the development of 16 two-story homes attached garages, thirteen on -
site guest parking spaces, private access driveways, common landscaped areas, and
private open space for each unit with minimal exceptions from Code requirements.
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 (14th Street and Kimball Way) have sufficient capacity to
adequately handle the approximately 192 average daily trips (ADT) generated by the
project without 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 proposed lot is surrounded by commercial development including a WalMart and
99-Cent Only store, and the development of the existing lot with 16 single-family homes
would not reduce parking for the adjacent commercial uses below City requirements.
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 and promote the
development and use of a currently underutilized property.
RECOMMENDED FINDINGS FOR APPROVAL OF
THE REQUESTED EXCEPTIONS FOR SETBACKS
AND BUILDING SEPARATION
Granting of the requested exceptions is in accordance with the intent and purposes of this
Title, and is consistent with the General Plan and with all specific plans or other plans of the City
since the proposed residential development (10.7 units per acre) is consistent with the uses and
density (34.8 units per acre) allowed in the General Commercial (CG) Zone, since the General
Plan encourages the creation of home ownership opportunities, and the infill development is
suitable for families as described in the attached report, and since the functional design of the
proposed subdivision is compatible with adjacent and nearby development consistent with the
intent of this Title.
RECOMMENDED FINDINGS FOR APPROVAL OF
NEGATIVE DECLARATION
1. That the Negative Declaration (2007-37 IS) has been read and considered together with
any comments received during the public review process.
Resolution No. 2008 —
March 4, 2008
Page 4
2. That based on the whole record including the Initial Study, there is no substantial
evidence that the project will have a significant effect on the environment and that the
Negative Declaration reflects the City's independent judgment and analysis.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
said Tentative Subdivision Map and Conditional Use Permit for 16 detached homes with an
exception for less than required setbacks and building separation on a 1.5-acre site north of the
intersection of Kimball Way, F Avenue and East 14th Street is hereby approved subject to the
following conditions:
1. This Tentative Subdivision Map and Conditional Use Permit authorize the development of
16 single-family condominiums for individual sale. Except as required by conditions of
approval, all plans submitted for permits associated with the project shall conform with
Exhibit "A", Case File No. 2007-37 S, CUP dated January 30, 2008.
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, as well as details for hardscape on -site; including the 6 foot cedar fencing
between homes, the split -face block wall along the east property line, wrought iron security
gate design at emergency exit -and keystone retaining wall.
3. To reduce the potential effects of light, glare, and noise from the adjacent commercial
property, the applicant shall work with staff prior to the issuance of building permits to
provide adequate screening for the six homes along the east property line, which may
include additional landscaping and/or awnings or screening on the upper floor windows.
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 shalt 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 agreement. The CC&Rs shall include a determination
that the funds provided by the maintenance provisions will be sufficient to cover all
contemplated costs.
5. 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.
Resolution No. 2008 —
March 4, 2008
Page 5
6. 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.
7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable
trenches.
8. A lighting plan for the site shall be provided to the Planning Department to identify all
proposed lighting along driveways and walkways throughout the site, for review and
approval prior to the issuance of building permits.
9. If individual trash service cannot be safely accommodated by the provider, trash enclosures
shall be provided in accordance with city standards to the satisfaction of the Planning
Department. They shall have a stucco exterior to match the buildings.
10. Exterior walls of buildings/walls/fences/trash enclosures to a height of not Tess 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.
11. The project is to be designed, developed and constructed in compliance with the Califomia
Fire Code (CFC) 2001 edition of 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.
12. The property must be addressed in a manner clearly visible from the street, subject to
the satisfaction of the National City Fire Department.
13. The secondary fire access shall meet fire lane requirements of 20 feet clear width and
28 feet radius corners, subject to the satisfaction of the National City Fire Department.
14. Entry/Exit electric operated gates shall have a knox key switch, as well as opticom
sensors.
15. Access roadways (Driveways A, B, and C) shall be marked as a "no parking fire lane"
throughout the development to the satisfaction of the National City Fire Department.
16. An estimated minimum fire flow requirement will be 1,000 gpm measured at 20 psi
residual pressure.
17. Final Grading plans shall be reviewed by a project biologist to ensure there is no impact
to the adjacent Paradise Creek ESA.
18. If the property is identified as in the Federal Flood Plain area, a Flood hazard permit
shall be obtained from the Engineering Department.
Resolution No. 2008 —
March 4, 2008
Page 6
19. 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.
20. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) 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.
21. 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.
22. SUSMP documentation must be submitted and approved.
23. 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.
24. 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.
25. The existing and proposed curb inlet on property shall be provided with a "No Dumping"
signage in accordance with the NPDES program.
Resolution No. 2008 —
March 4, 2008
Page 7
26. A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharges of storm water runoff associated with construction greater than 1 acre activity
where clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board. A
copy of the permit shall be given to the City of National City Engineering Department
prior to any work beginning on the project.
27. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board
(RWQCB).
28. A sewer permit will be required. The method of sewage collection and disposal shall be
shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall
be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to
mark the location of the lateral.
29. 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 I( 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.
30. There are existing sewer and drainage easements reserved to the City of National City.
No building encroachment will be allowed within these easements. The easements shall
be shown on the grading plan and map. Easements can be vacated, if City Council
approves vacation.
31. The deteriorated portions of the existing street improvements (sidewalk 35') along the
property frontages shall be removed and replaced. Street improvements shall be in
accordance with City Standards. Abandoned driveway aprons (20') shall be replaced
with curb, gutter and sidewalks.
32. The existing pedestrian ramp(s) on the north side of 141h Street adjacent to the project
site shall be removed and replaced if it does not comply with the A.D.A requirements
and the Regional Standard Drawing.
33. 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.
34. A title report shalt be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership at the
property.
Resolution No. 2008 —
March 4, 2008
Page 8
35. 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 and map are submitted. The deposit is
subject to adjustment according to actual worked hours and consultant services.
36. 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.
37. 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.
38. 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.
39. All utility distribution facilities within the boundaries of the subdivision, and within the half
street abutting the new subdivision, shall be placed underground.
40. The final map shall be recorded prior to issuance of any building permit.
41. All new property line survey monuments shall be set on private property, unless
otherwise approved.
42. 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.
43. An additional street light shall be installed along the public right-of-way in front of the
project site, subject to review and approval by the Public Works Director.
44. Within four (4) business days of final 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.
45. 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 calendar days of its receipt shall automatically terminate the Subdivision/Planned
Resolution No. 2008 —
March 4, 2008
Page 9
Development Permit. The applicant shall also submit evidence to the satisfaction of the
Planning Director that a Notice of Restriction on Real Property is recorded with the County
Recorder. The applicant shall pay necessary recording fees to the County. The Notice of
Restriction shall provide information that conditions imposed by approval of the
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.
46. 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
Section17.04.070. The Conditional Use Permit shall expire concurrently with the
Tentative Map.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 4th day of March, 2008.
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
,'FETING DATE March 4, 2008
AGENDA ITEM NO. 6
l')TEM TITLE
PREPARED BY
EXPLANATION
Warrant Register # 31 for the period of 01/23/08 through 01/29/08 in the
Amount of $1,087,946.24
D. Gallegos -Finance
DEPARTMENT
Finance EXT.
Jeanette Ladrido
619-336- 4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 01/23/08 through 01/29/08.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor Check# Amount
Literacyworks 218913 52,000.00
Payroll Various 844,978.69
Explanation
Library Expert Svcs
PPE 01/14/2008
CEnvironmental Review N/A
Financial Statement
Not applicable.
MIS Approval
Approved By.
Finance Dii-gt4K
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $ 1,087,946.24
AOARD / COMMISSION RECOMMENDATION
1. Warrant Regis r #31
ATTACHMENTS ( Listed Below) Resolution No.
A-200 (Rev. 7/03)
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
'ideles Ungab
;alie Lamle
City Manager
Chris 7apata
1/7
WARRANT REGISTER # 31
1/29/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
NATIONAL. BROWNFIELD ASSOC. NBA - USA MEMBERSHIP 218878 1/23/2008 200.00
AMAZON.COM ADULT NON-FICTION BOOKS 218879 1/29/2008 46,24
ARCOIF.R TRAVEL (AMERICORPS LSTA, YR5) 218880 1/29/2008 149.98
AT & T MOBILITY WINGS CELL. PHONE 218881 1/29/2008 77.10
BAKER & TAYLOR REFERENCE BOOKS 218882 1/29/2008 1,013.21
BAREFOOT BOOKS GIVEAWAY BOOKS FOR WOW MOBILE 218883 1/29/2008 717.60
BELL 'TRAVEL (AMERICORPS LSTA, YR5) 218884 1/29/2008 133.51
13HINDER TRAVEL (AMERICORPS I.STA,Y5) 218885 1/29/2008 23.28
isOWKER REFERENCE BOOK 218886 1/29/2008 340.31
BRODART ADULT ANL) CIIII.DREN'S BOOKS 218887 1/29/2008 16,704.25
CABRAL TRAVEL (AMERICORPS LSTA, YR 5) 218888 1/29/2008 33.95
CANTRILL TRAVI',I. (AMERICORPS LSTA, YR 5) 218889 1/29/2008 12.61
CATHAY RETA EXPRT SVC (AMERICORPS LSTA. YR5) 218890 1/29/2008 607.67
CHECKPOINT' SYSTEMS INC. BOOK PROCESSING SUPPLIES 218891 1/29/2008 737.85
CITY OF NATIONAL CITY OIJT OF STATE SALES TAX 218892 1/29/2008 725.75
CLARK TRAVEL (AMERICORPS LSTA, YR 5) 218893 1/29/2008 77.67
CORPORATE EXPRESS MAT & SUPP (LIT SERVICES) 218894 1/29/2008 489.27
CRUZ EXPERT SVC (AMERICORPS LSTA, YR5) 218895 1/29/2008 1,080.00
DEL NORTE COUNTY LIBRARY DISTR EXPERTSVC (AMERICORPS LSTA. YR5) 218896 1/29/2008 32.00
DISCOUNT SCHOOL SUPPLY CRAFT MAT ERIAI.S 218897 1/29/2008 1,991.82
tSTMAN TRAVEL (AMERICORPS LSTA, YR5) 218898 1 /29/2008 79.30
ELDERTS TRAVEL (AMERICORPS LSTA Y-5) 218899 1/29/2008 465.46
EMERY-PRATT CO. 2008 OLD FARMERS ALMANAC 218900 1/29/2008 7.56
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Manager
Chris 7apata
2/7
WARRANT REGISTER # 31
1 /29/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
EMPIZO 'TRAVEL (AMERICORPS LSTA, YR5) 218901 1/29/2008 5,228.50
FINDERBINDER REFERENCE BOOKS 218902 1/29/2008 177.40
FLORINE TRAVEL (AMERICORPS LSTA, YR5) 218903 1/29/2008 20.00
GENERAL BINDING CORP. LAMINATING FILM 218904 1/29/2008 260.57
GOLNIK 'TRAVEL (AMERICORPS LSTA, YR5) 218905 1/29/2008 20.00
GOODYEAR EXPERT SVC (AMERICORP.I STA YRS) 218906 1/29/2008 1,159.31
GROSS MAT & SIJPPE (LIT SRVC YR5) 218907 1/29/2008 249.71
IIANSEN LIBRARY SALES GIVE AWAY BOOKS FOR LITERACY 218908 1/29/2008 815.(
IlYNEES TRAVEI. (AMERICORPS LSTA, YR5) 218909 1/29/2008 170.21
JAWANDA TRAVEL (AMERICORPS I,SI'A,Y5) 218910 1/29/2008 23.28
LANG TRAVEL (AMERICORPS LSTA, YR 5) 218911 1/29/2008 79.76
LASER SAVER INC OFFICE SUPPLIES (LIT SERVCS, Y5) 218912 1/29/2008 341.04
LITERACYWORKS STATE LIBRARY EXPERT SVCS 218913 1/29/2008 52,000.00
MANGER 'TRAVEL (AMERICORPS LSTA, YR5) 218914 1/29/2008 408.12
MIDWEST TAPE DVD/VIDEOS/PROCESSING SUPPLIES 218915 1/29/2008 944.57
MILLER TRAVEL (AMERICORPS LSTA, YR5) 218916 1/29/2008 101.85
MISSISSIPPI IND FOR THE BLIND MATERIALS - AMERICORPS / CNCS Y-5 218917 1/29/2008 2,047.00
MOTIVATIONAL SYSTEMS INC INSTALLATION CHARGES. 218918 1/29/2008 960.09
NEDER TRAVEL, (AMERICORPS LSTA, YR5) 218919 1/29/2008 83.42
NEVADA COUNTY LIBRARY TRAVEL AMERICORPS 218920 1/29/2008 598.60
NEW READERS PRESS M► MBERSIIIP FOR NEWS FOR YOU 218921 1/29/2008 212.49
NUNEZ TRAVEI. (AMER! CORPS LSTA, YR5) 218922 1/29/2008 178.48
O'IIARA TRAVEI. (AMER ICORP 218923 1/29/2008 2.456.34
Mayor
Ron ,Motrison
Council Members
Louie Natividad
Frank Parra
teles Ungab
;alie Zarate
City Manager
Chris Zapata
3n
WARRANT REGISTER H 31
1/29/2008
PAYEE DESCRIPTION CIHK NO DATE AMOUNT
OLIVER TRAVEI, (AMERICORPS LSTA, YR 5) 218924 1/29/2008 39.43
OR1EN I Al. TRADING, CO., INC. CRAFT MATERIALS FOR WOW MOBILE 218925 1/29/2008 388.80
ORTEGA TRAVEL, (AMERI CORPS LSTA, YR5) 218926 1/29/2008 94.09
PATINO 7RAVIsI. (AMERICORPS LSTA Y-5) 218927 1/29/2008 15.47
PEARSON "TRAVEL (AMERICORPS LSTA, YR 5) 218928 1/29/2008 103.07
PEDROZA TRAVEL (AMERICORPS LSTA, YR5) 218929 1/29/2008 104.76
PINPOINT MARKETING GRP, INC MATERIALS FOR AMERICORPS 218930 1/29/2008 3,527.85
a\AMCO OF DULUI'H, INC. CUTTER HEAD & PRESSURE BAR 218931 1/29/2008 79.90
,cANDOM 11O1.1SE, INC. BOOKS ON T'AI'E 218932 1/29/2008 532.27
READ/SAN DIEGO EXPERT S VC (AMERICORPS LS 218933 1/29/2008 235.00
RICII TRAVEL. (AMER! CORPS LSTA, YR5) 218934 I/29/2008 56.03
SAKAMOTO-JAHNKE TRAVEL (AMERICORPS LSTA,YS) 218935 1/29/2008 550.15
SCIIWARZWAELDER 1'RAVEl. (AMERI CORPS LSTA, YR5) 218936 1/29/2008 7.76
SCOTT TRAVEL (AMERICORPS I.STA, YR5) 218937 1/29/2008 82.08
SHADE TRAVEL (AMERICORPS LSTA, YR5) 218938 1/29/2008 41.71
SINAVSKY TRAVEL (AMERICORPS LSTA Y-5) 218939 1/29/2008 27.16
SMART & FINAL MAC & SUPP (WOW/LITERACY SVCS) 218940 1/29/2008 186.23
SMILE MAKERS GIVE AWAY STICKER FOR WOWMOBILF 218941 1/29/2008 280.21
SPRINT VIDEO CONFERENCING 218942 1/29/2008 30.52
STERLING PUBLISHING CO., INC. BOOKS FOR "TILE WOW MOBILE 218943 1/29/2008 1,706.20
.OMSON GALE REFERENCE BOOKS 218944 1/29/2008 1,234.39
TIIOMSON WEST CALIFORNIA VEHICLE 218945 1/29/2008 100.05
1I.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 218946 1/29/2008 369.00
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Mat aycr
Chris Zapata
WARRANT REGISTER # 31
1/29/2008
4/7
PAYEE DESCRIPTION CHK NO DATE AMOUNT
VE1TH TRAVE1, (AMERI CORPS LSTA, YR5) 218947 1/29/2008 99.14
VERA INS SUPPLIES (LITERACY SVCS YR 5 218948 1/29/2008 24.47
XEROX CORPORATION RASE CIIGS/OVERAGES FY2007/08 218949 1/29/2008 1,959.06
YANG TRAVEL (AMERI CORPS LSTA, YR5) 218950 1/29i2008 154.72
YSLA TRAVEL. (AMERICORPS LSTA, YR 5) 218951 1/29/2008 101.61
ANTHONY'S AUTO BODY LABOR, CIILCK/REPAIR I. REAR DOOR 218952 1/29/2008 185.00
AT&T/MCI PHONE 449-7549 DEC 07 218953 1/29/2008 5,551.97
AT&T/MCI PHONE 339 343-0986 1/7-2/6/08 218954 1/29/2008 5,361.59
AV GUYS AUDIO VISUAL EQUIPMENT 218955 1/29/2008 17,632.,
BAY CITY ELECTRIC WORKS, INC. LABOR, REPAIRS TO ATS SWITCH 218956 1/29/2008 741.34
BCM CUSTOMER SERVICE MONTHLY MAINTENANCE SVC - JAN 08 218957 1/29/2008 150.00
BROADWAY AUTO ELECTRIC ELECTRICAL PARTS FOR VI:I1lCLES 218958 1/29/2008 172.40
CALIFORNIA COMMERCIAL SECIJRTTY MOP #45754 KEYS 218959 1/29/2008 18.49
CALIFORNIA ELECTRIC SUPPLY MOP #45698 ELECTRICAL MATERIAL 218960 1/29/2008 162.58
CHEVRON USA, INC. MOP #45699 FUEL 218961 1/29/2008 222.90
CHILDREN'S HOSPITAL 'TEDDY BEAR DRIVE DONATION 218962 1/29/2008 250.00
CORPORATE EXPRESS MOP 45704 PRINT CTRG 218963 1/29/2008 303.05
DAY WIRELESS SYSTEMS (20) RADIO SERVICE AGREEMENT 218964 1/29/2008 4,548.43
DION INTERNATIONAL TRUCK INC:. BELT 218965 1/29/2008 94.11
DIX►EI.INE LUMBER CO. MOP #45707 EXTENSION CORDS 218966 1/29/2008 1,393.03
DREW FOR1) MOP #49078 AUTO PART 218967 1/29/2008 425.
ED REED NC COMMUNITY CONCERT BAND 218968 1/29/2008 2,500.00
ENVIRONMENTAL I1t:AI,TH COAL IT1oN CONTRACT Wi ENV HEALTH NOV07 218969 1/29/2008 9,702.08
EXPRESS TEL LONG DISTANCE SVC 12/20-01/20/08 218970 1/29/2008 107.55
Mayor
Ron •Morrison
Council Members
Louie Natividad
Frank Parra
fetes Ungab
3atie Zarate
City Manager
Chris Zapat a
5!7
WARRANT REGISTER k 31
1/29/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
GEOMORPH INFORMATION SYSTEMS INTRODUCTION ToARCGISTRAM/ski 218971 1/29/2008 1,125.00
GRAINGER MOP #65179 ELECTRIC HEATER 218972 1/29/2008 118.44
HONEYWELL INC. CONTRACT MAINTENANCE SERVICES 218973 1/2912008 3,072.19
IIIJERTA REPI,ACE PAYCHECK OF 12/26/07 218974 1/29/2008 423.13
INTERNATIONAL CODE COUNCIL. IN(; JOB ADVERTISEMENT 218975 1/29/2008 150.00
JJJ ENTERPRISE ALARM MONITORING SERVICES 218976 1/29/2008 97.50
KLOS SIIHSISFENCE& FRAVFI.CICOURSE 218977 1/29/2008 2,510.58
AILSON TRANSLATION 218978 1/29/2008 84.00
LASER SAVER INC MOI' 45725 HP 8100 COMPATIBLE 218979 1/29/2008 135.88
LOPEZ TRANSLATION SVC ON 01/22/2008 218980 1/29/2008 150.00
LORMAN EDUCATION SERVICES WORKERS' COMP/TRAINING 218981 1/29/2008 284.00
MEDINA TO REFUND FAXES 218982 1/29/2008 3,379.10
METROCALL. PD PAGERS 218983 1/29/2008 756.88
MUNISERVICES LLC TAX QUARTER ENDING JUNI:'07 218984 1/29/2008 3,968.60
MYERS TIRE SUPPLY EXTENSIONS, LIGHT WEIGHT 218985 1/29/2008 111.67
N C CI (AMBER OF COMMERCE. G HOOD MEMBERSHIP DUES 218986 1/29/2008 65.00
NAGLE SUBSISTENCE & TRAVEL/CONE 218987 1/29/2008 710.30
PARTS PLUS AUTOSTORP: #71 1 MOP 64946 STORES INVENTORY 218988 1/29/2008 73.31
PBS&J WASTEWATER 218989 1/29/2008 2,469.50
PRUDENTIAL OVERALL. SUPPLY MOP k45742 UNIFORMS - PARKS 218990 1/29/2008 856.45
..J. SAFELY SUPPLY JACKET, 3 SEASON •TI IF.RMAL 218991 1/29/2008 429.92
ROARK EDUCATIONAL REIMR/SEMINAR 218992 1/29/2008 1,066.53
SANDPIPA PROPERTY INSURANCE 218993 1/29/2008 7,025.00
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Manager
Chris Zapata
6/7
WARRANT REGISTER # 31
1/29/2008
PAYEE DESCRIPTION CIIK NO DATE AMOIJNT
SCHMIDT DESIGN GROUP NOV 2007 ARCHITECTIIRAI, PLANS 218994 1/29/2008 3,072.70
SHRED FORCE MONTHLY SHREDDING 218995 1/29/2008 72.95
SIMPI.EXGRINNEI.t. RIBBON FUR TIME STAMPMACIIINE 218996 1/29/2008 76.78
SISTER CITIES INTERNATIONAL 2008 ANNUAL MEMBERSIIII' 218997 1/29/2008 680.00
SMART & FINAI, MOP 45756 MISCELLANEOUS 218998 1/29/2008 72.91
SPRINGER SUBSISTENCE& I RAVEUICI COURSE 218999 1/29/2008 2,510.58
SPRINT VOICEMAIL ACCESS P D 219000 1/29/2008 60.00
STARTECH COMPUTERS MOP 61744 MINOR EQUIPMENT 219001 1,29/2008 616.
SUN BADGE COMPANY INC. REPAIR/REBANNER BADGES 219002 1/29/2008 41.80
SWEETWATER AIJTHORTI'Y FACILITIES DIVISION 219004 1/29/2008 14,082.46
THE BOYS & GIRLS CLUB 2008 ANNUAL DINNER 219005 1/29/2008 175.00
THE LIGHTHOUSE, INC. MOI' #45726 DUAL CONTACT SOCKET 219006 1/29/2008 147.37
TOM MOYNAHAN MO)' #45734 TOWING CIIARGES 219007 1/29/2008 125.00
TRAINING & INSTRUCTION FOR TUI I ION/TRAINING 219008 1/29/2008 285.00
U.S RANK CORPORATE PAYMENT SYS CREDIT CARD FEES 219009 1/29/2008 1,618.92
UNITED TRANSMISSION EXCHANGE. TRANSMISSION 219010 1/29/2008 8,819.03
US STERLING CAPITAL CORP TRADE. SETTLING 12/29/07-01/04/08 219011 1/29/2008 595.08
VALLEY DETROIT DIESEL ALLISON LAHOx, INSPECT/REPAIR FIRE TRUCK 219012 1/29/2008 268.27
VCA MAIN ST ANIMAL HOSPITAL K9 VET CARE 219013 1/29/2008 297.32
VERIZON WIRELESS CEI.L PHONES 12/22/07-1/21/08 219014 1/29/2008 3,035.30
WATERLINE TECHNOLOGIES CHEMICALS FOR MUNICIPAL. l'001. 219015 I/29/2008 1,637.6.,
WILLY'S ELECTRONIC SUPPLY MOP 45763 MINOR EQUIPMENT 219016 1/29/2008 20.23
Total - AIP 223,310.15
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
leles Unyab
>alie Zarate
City Manager
Chris Zapata
WARRANT RF,GISTF.R tt 31
PAYEE DESCRIPTION
Workers compensation checks
PAYROLL
Pay period
2
Start Date
1/29/2008
rod Date Check Date
I/1/2008 I/14/200R Ii23/2008
717
CHK NO DATE AMOUNT
14406 1/23/2008 4,650.00
14407 1/23/2008 440.00
14408 1/23/2008 12,695.86
14409 1/23/2008 440.00
14410 1/23/2008 1,418.98
144.11 1/29/2008 7.56
14412 1/29/2008 5.00
Total - WIC
Soh -Total
19,657.40
242,967.55
844,978.69
GRAND TOTAL 1,087,946.24
vlayor
ton Morrison
;01E1C l Members
_ouie Natividad
:rank Parra
:Idales Ungab
2osalie Zarate
:ity Manager
:hris 7apata
Warrant Register # 31
1 /29/2008
001 GENERAL FUND 662,275.24
104 LIBRARY FUND 45,297.57
105 PARKS MAINTENANCE FUND 21,871.62
108 LIBRARY CAPITAL OUTLAY 4,929.35
109 GAS TAXES FUND 4,369.87
111 P.O.S.T. FUND 4,265.16
125 SEWER SERVICE FUND 19,487.88
154 STATE PUBLIC LIBRARY FUND 3,247.53
158 SWIMMING POOL REVOLVING FUND 536.23
171 LIBRARY SCHOOL DISTRICT CNTRCT 499.05
172 TRASH RATE STABILIZATION FUND 1.969.95
173 NATIONAL SCHOOL DIST CONTRACT 462.90
174 SWEETWATER SCHOOL DIST CONTRAC 6,911.14
191 STOP PROJECT 823.98
212 PERSONNEL COMPENSATION FUND 3,102.55
230 ABANDONED VEHICLE ABATEMENT GRANT 2,944.63
246 WINGS GRANT 18,803.72
254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 2,990.18
282 REIMBURSABLE GRANTS CITYWIDE 190.17
290 POLICE DEPT GRANTS 3,529.46
294 HUD HEALTHY HOMES GRANT 11,477.99
301 GRANT-C.D.B.G. 5,199.98
302 CDC PAYMENTS 36,469.14
307 PROPOSITION A" FUND 4,777.00
320 LIBRARY GRANTS 88,230.47
348 STATE GRANT 3,072.70
626 FACILITIES MAINT FUND 35.087.13
627 LIABILITY INS. FUND 30,527.74
628 GENERAL SERVICES FUND 4,540.85
629 INFORMATION SYSTEMS MAINTENANC 4,444.26
630 OFFICE EQUIPMENT DEPRECIATION 1,761.52
631 TELECOMMUNICATIONS REVOLVING 17,518.89
632 GENERAL ACCOUNTING SERVICES 14,419.45
643 MOTOR VEHICLE SVC FUND 21,910.94
Total 1,087,946.24
City of National City, California
COUNCIL AGENDA STATEMENT
,FETING DATE March 4, 2008
AGENDA ITEM NO.
/ITEM TITLE Warrant Register # 32 for the period of 01/30/08 through 02/05/08 in the
Amount of $879,305.29
PREPARED BY
EXPLANATION
D. Gallegos -Finance
DEPARTMENT
Finance EXT.
Jeanette Ladrido
619-336-4331
Per Government Section Code 37208, attached are the warrants issued
for the period of 01/30/08 through 02/05/08.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor
Morgan Square, Inc
Public Emp Ret. Sys.
Villa Ford
Check# Amount Explanation
219094 66,697.28 Apportionment #6
219110 235,753.66 Emp. Retirement
219132 139,034.95 Crown Vic-PD
i
CEnvironmental Review N/A
Financial Statement
Not applicable.
MIS Approval
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $ 879,305.29
BOARD / COMMISSION RECOMMENDATION
1. Warrant Register #32
el 9-
hitda44z--
ATTACHMENTS ( Listed Below) Resolution No.
A-200 (Rev. 1/03)
Mayor.
'Ron Morrison
Council Members
Louie Natividad
Frank Parra
tales Ungab
sake Zarate
City Manager
Chris Zapata
WARRANT REGISTER # 32
1/7
2/5/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
MJC CONSTRUCTION CONSTRUCTION OF CONCRETE BASE 200180 2/5/2008 8,500.00
BOARD OF EQUALIZATION SALES & USE TAX 4111 QTR 2007 219017 1/31/2008 1,772.00
A -I HYDRAULIC SERVICES, INC PUNCH DRIVER & CUTTER 219018 2/5/2008 807.25
ACEDO RETIREE HEAL•I'll BENEFITS FEI3'08 219019 2/5/2008 160.00
ALL POINTS PUBLIC FUNDING, LLC NEW FIRE •1RUCK#2 PAYM'I'#I I 219020 2/5/2008 19,613.22
ALLEN RETIREE I IEALTII BENEFITS FEB'08 219021 2/5/2008 125.00
AMERI('AN ROTARY BROOM CO., INC MOP #62683 - SWEEPER PARTS 219022 2/5/2008 352.70
;IAN JOURNAL ADVERTISING 219023 2/5/2008 24.00
AT&T/MCI PHONE 339 342-2741 12/1/07-1/6/08 219024 2/5/2008 414.34
AT&T/MCI PHONE 619 336-6700 219025 2/5/2008 77.98
AUSTIN DOORS LABOR, REPAIR ROLL -UP DOORS 219026 2/5/2008 2,326.87
BALLARDO SUBSIS"FEN('E &. •l'RAVEL/TRAINING 219027 2/5/2008 478.09
BMW MOTORCYCLES OF NO. COUNTY LABOR 219028 2/5/2008 24,019.44
BOARD OF EQUALIZATION I IAZARIX)LIS W GENERATOR FEE 219029 2/5/2008 185.00
BOOT• WORI..D MOP #64096 BOOTS 219030 2/5/2008 724.05
BOYD RETIREE IiEALTII BENEFITS FEB'08 219031 2/5/2008 145.00
C W REED JR RETIREMF.NT 2000964-S90 FEB'08 219032 2/5/2008 1,051.30
CA MIJNICIPAL TREASURERS ASSO CMTA TREASURERS BOOK 219033 2/5/2008 74.00
CAPPO INC CAPPO MEMBERSHIP/HODGES B. 219034 2/5/2008 130.00
'"TNGULAR WIRELESS DATA PD 12/21/07 - 01/20/08 219035 2/5/2008 2,349.73
CONDON RETIREE HEALTII BENEFITS FEB'08 219036 2/5/2008 490.06
CORPORATE EXPRESS SHREDDER, CONFETTI CUT 219037 2/5/2008 1,232.66
DAPPER TIRE COMPANY TIRES 219038 2/5/2008 790.28
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Manager
Chris Zapata
WARRANT REGISTER # 32
217,
•
2/5/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
DATA TICKET INC PC PROCESSING DEC 2007 219039 2/5/2008 1.192.20
DEFRATIS RETIREE HEALTH BENEFITS FEB'OR 219040 2/5/2008 120.00
DE1.1, MARKETING CORP PART' & LABOR 219041 2/5/2008 9,320.82
DEPARTMENT OF MOTOR VE1I1CLF,S 2008 CA VEHICLE CODE BOOK 219042 2/5/2008 353.72
DFM ASSOCIATES 2008 CALIFORNIA ELECTIONS CODE 219043 2/5/2008 51.48
DICERCHIO RETIREE HEALTH BENEFITS FEB'08 219044 2/5/2008 70.00
DION INTERNATIONAL TRUCK INC. KIT 219045 2/5/2008 153.33
DISCOUNT SPECIALTY CHEMICALS URATIC SALT REMOVER 2191146 2/5/2008 185.
DIXIELINE LUMBER CO. MOP #45707 F1,OURESCENT LIGHTS 219047 2/5/2008 1,339.80
DREDGE RETIREE I ZEAL FH BENEFITS FEB'08 219048 2/5/2008 250.00
EMCO INDUSTRIES, MC. CLEANER DISINFECTANT 219049 2/5/2008 103.53
ESGIL CORPORATION PLAN CIIECK SERVICES 219050 2/5/2008 34,165.88
ESGIL CORPORATION INSPECTIONS AT PLAZA BONITA 219051 2/5/2008 33,139.90
ESGIL CORPORATION BUILDING PLAN CHECK SERVICES 219052 2/5/2008 15,001.60
ESGIL CORPORATION CARL ADAMS BUILDING OFFICIAL 219053 2/5/2008 9,522.50
ESGII. CORPORATION CARL ADAMS BUILDING OFFICIAL 219054 2/5/2008 7,345.00
ESGII. CORPORATION FIRE PLAN CHECK 219055 2/5/2008 1,725.00
ESGIL CORPORATION PLAZA BONITA FIRE REVIEWS . 219056 2/5/2008 750.00
EWNRT, PHILLIP RETIREE HEALTH BENEFITS FEB'08 219057 2/5/2008 160.00
FEDEX FEDEX CHARGES 219058 2/5/2008 2'
FENI'ON SEMINARS/MTSS/CONFERENCES 219059 2/5/2008 106.77
FON-JON KENNELS KENNEL FEES FOR POLICE K9'S 219060 2/5/2008 100.00
C'ARCIA EDUCATIONAL REIMBURSEMENT 219061 2/5/2008 1,132.00
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
=Ies Ungab
the Zarate
City Manager
Chris Zapata
WARRANT REGISTER # 32
3/7
2/5/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
GEORGE H WA'I'1?RS NMI MI HON CNIR CITY ADDRESS MENU 219062 2/5/2008 1,075.00
GEORGE.11 WAT'FRS NUTRITION CNTR PROMOTIONAL ACTIVITIES 219063 2/5/2008 187.50
GLOBAL POWER LABOR 219064 2/5/2008 197.84
GONZALES SUBSISTENCE/OCTS MEETING 219065 2/5/2008 75.00
GREEN MI?CI IANICAI. CONTRACTORS DIAGNOSTIC INSPECTION/REPAIRS 219066 2/5/2008 500.00
HAMILTON RETIREE HEALTH BENEFITS FEB'08 219067 2/5/2008 100.00
IIANSON AGGREGATES PACIFIC SCREEN DECOMPOSITE GRANITE 219068 2/5/2008 3,152.97
.RLAN SUBSISTENCE/TRAINING 219069 2/5/2008 484.50
HARRIS & ASSOCIATES DECEMBF,R 2007 SERVICES 219070 2/5/2008 1,425.00
HARRIS & ASSOCIATES DECI?MBER 2007 219071 2/5/2008 1.475.00
HOLLOWAY RETIREE HEALTH BENEFITS FEB'08 219072 2/5/2008 150.00
HORIZON HEALTH EAP EMPLOYEE ASST PROGRAM 219073 2/5/2008 859.20
HUNTER'S NURSERY INC. MOP #45719 GREVILLEA PLANTS 219074 2/5/2008 499.16
IIYDRO-SCAPE PRODUCTS INC. MOP #45720 PVC PIPES, HACKSAW 219075 2/5/2008 85.23
INTERNATIONAL CODE. COUNCIL INC CODE BOOKS FOR BLDG DEPT 219076 2/5/2008 416.88
IRON MOUNTAIN RECORDS DOCUMENT STORAGE 219077 2/5/2008 105.00
JOBS AVAILABLE INC. ADVERTISING 219078 2/5/2008 280.00
KIMBLE RETIREE HEAL'l7I BENEFITS FEB'08 219079 2/5/2008 300.00
KIWANIS CLUB OF NATIONAL (.'I'1'Y NOV-DEC 2007 MEALS/DUES 219080 2/5/2008 114.00
' ')LANI)A RETIREE HEALTH BENEFITS FEB'08 219081 2/5/2008 135.00
LASER SAVER INC MOI' #45725 PRINTER CARTRIDGES 219082 2/5/2008 151.71
LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES 2008 219083 2/5/2008 18,076.00
LEAGUE OF CALIFORNIA CITIES TRAINING/REGISTRATION 219084 2/5/2008 275.00
Mayor
Non Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Manager
Chris Zapata
WARRANT REGISTER # 32
4n
2/5/2008
PAYEE DESCRIPTION CIHK NO DATE AMOUNT
MAINl'EX, INC. MOP FRAME, TUMICRO 219085 2/5/2008 751.16
MA'IIENZO • RETIREE HEALTH BENEFITS FEB'08 219086 2/5/2008 100.00
MAXIMUS, INC. WORK TO DATE ON USER FEE STUDIES 219087 2/5/2008 16,500.00
MAXIMUS, INC. WORK TO DATE ON USER FEE ANALYSIS 219088 2/5/2008 11,025.00
MCCABE RETIREE I1EAI.T7I BENEFITS FEB'08 219089 2/5/2008 280.00
MILE OF CARS ASSOCIATION FY07-08 APPORTIONMENT 46 219090 2/5/2008 44,461.66
MIRAMAR FORT) TRIJCK SALES,INC. LABOR 219091 2/5/2008 803.88
MORE DIRECT HP PROCIJRVE SWITCH 219092 2/5/2008 21,40(.
MORELANI) & ASSOCIATES ACCOUNTING TRAINING 219093 2/5/2008 270.00
MORGAN SQUARE, INC. FY07-08 APPORTIONMENT #6 219094 2/5/2008 66,697.28
MURRAY RETIREE HEALTH BENEFITS FEB'08 219095 2/5/2008 150.00
MYERS RETIREE HEALDI BENF,F!TS FEB'08 219096 2./5/2008 140.00
NATIONAL CITY DETAIL SIIOI' MOP 445737 DETAIL 219097 2/5/2008 100.00
NEXT DAY PRINTED 'FEES PMT PD PAST DUE 219098 2/5/2008 28.99
NEXIJS INTEGRATED SOLU 'IONS IN HOUSE PHONE MAINTENANCE/SVC 219099 2/5/2008 128.00
NOSAL, WILLIAM A. RETIREMENT SETTLEMENT FEB'08 219100 2/5/2008 992.29
NYE. SUMMER READING PROGRAM CONE 219101 2/5/2008 25.00
PAIILJ RETIREE HEALTH BENEFITS FEB'08 219102 2/5/2008 340.00
PDSI TELES•I'AFF ANNUAL SVC, SUPPORT 219103 2/5/2008 7,910.00
PERRY FORD LABOR, DIAGNOSTIC TEST/REPAIRS 219104 2/5/2008 1,86'
PINERY CHRISTMAS TREES INC REFUND FOR BOND 219105 2/5/2008 2,500.00
POTTER RETIREE I IEALTH BENEFITS FEB'08 219106 2/5/2008 150.00
PROCHEM SPECIAL iY PRODUCTS INC DISPENSERS 219107 2/5/2008 107.66
Mayor
kon Morrison
Council Momhers
Louie Natividad
Frank Parra
'eles Ungab
;alie Zarate
City Manaycr
Chris Zapata
WARRANT REGISTER # 32
5n
2/5/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
PROGRESSIVE SOLUTIONS INC. RESIDENTIAL RENTAL SOFTWARE 219108 2/5/2008 3,500.00
PRUDENTIAL OVERALL SUPPLY MOP 45742 CLEANING SERVICES 219109 2/5/2008 103.08
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 01-08-3 219110 2/5/2008 235,753.66
PUBLIC SAFETY VOLUNTEER INST. REGISTRATION/WORKSHOP 219111 2/5/2008 350.00
RANDAi.1. RETIREE HFAI.TII I31:NEFITS FEB'08 219112 2/5/2008 140.00
RAY RETIREE HEALTH BENEFITS FEB'08 219113 2/5/2008 190.00
RED WING SHOES SAFETY BOOTS 219114 2/5/2008 125.00
3LIABLE TIRE CO. PICK UP CHARGE, PASSENGER TIRES 219115 2/5/2008 227.00
RUIZ RETIREE HEALTH BENEFITS FEB'08 219116 2/5/2008 310.00
SALAZAR BOOK AND CLASS FOR PC832 219117 2/5/2008 108.38
SD AMERICAN PLANNING ASSOC SI) APA PC LUNCH WORKSHOP 219118 2/5/2008 125.00
SDG&F, FACHLIIIES DIVISION 219119 2/5/2008 16,599.33
SEGOVIA CONSIJI;ZING SERVICES 219120 2/5/2008 350.00
SHORT, CRAIG RETIREE. HEALTII BENEFITS FEB'08 219121 2/5/2008 300.00
SMART & FINAL MOP 45756 ORAI. BOARD SUPPLIES 219122 2/5/2008 96.12
SOUTH COAST EMERGENCY SWITCH BATTERY REI) KISSI.ING 219123 2/5/2008 239.46
SSD SYSTEMS SSD PROGRAM LABOR 219124 2/5/2008 9,953.10
STANDARD AUTO RECYCLING SPEEDOMETER 219125 2/5/2008 217.50
SUN TRUST NEW FIRE TRUCK#1 PAYMNT#48 219126 2/5/2008 5,009.63
';HE BOYS & GIRLS CLUB 2008 ANNUAL DINNER 219127 2/5/2008 350.00
TYLER FFCIINOLOGIES, INC DEFERRED SUPPORT PLIJS 219128 2/5/2008 41,295 32
U.S BANK CORPORATT PAYMENT SYS CREDIT CARD FEES - FIRE 219129 2/5/2008 992.00
VALLEY INDUSTRIAL SPECIALTIES MOP #46453 PLUMBING SUPPLIES 219130 2/5/2008 460.84
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank I'arra
Fideles Ungab
Rosalie Zarate
City Manager
Chris Zapata
WARRANT REGISTER# 32
6/7
2/5/2008
PAYEE DESCRIPTION CHK NO DATE AMOUNT
VERIZON WIRELESS CITY CELL PHONES 12/27/07-1/26/08 219131 2/5/2008 936.80
VILLA FORD 2008 FORD CROWN VIC PD 219132 2/5/2008 139,034.95
WHITE EDUCATIONAL REIMBIJRSEMENT 219133 2/5/2008 79.00
WILLY'S ELECTRONIC: SUPPLY MOP 445763 ELECTRICAL SUPPLIES 219134 2/5/2008 139.94
WOOD & WOOD CLAIM/FRISBIE V. CITY OF NC 219135 2/5/2008 23,976.04
WOOL) & WOOD CI,AMCC OF NC V. OFFICER ONE 219136 2/5/2008 1,716.00
WOOD & WOOD CI,AIM/FLORES A. V. J C PENNEY 219137 2/5/2008 91.00
WPI) WIPER BLADES 219138 2/5/2008 85..
YEELING CHI ING SDTMA TREASURER SDTMA MEMBERSHIP DUES 219139 2/5/2008 50.00
ZIF..TLOW, DAVID RETIREE IIF,ALTH BENEFITS FEB'08 219140 2/5/2008 150.00
Total 872,363.17
Workers compensation checks
14413 1/30/2008 370.00
14414 1/30/2008 400.00
14415 1/30/2008 44.00
14416 1/30/2008 506.00
14417 1/30/2008 21.32
14418 1/30/2008 400.00
14419 1/30/2008 440.00
14420 1/30/2008 46C
14421 1/30/2008 32.30
14422 1/30/2008 2,600.00
14423 1/30/2008 183.54
Mayor
Ron Morrison
Council Memhers
Louie Natividad
Frank Marra
7,-ieles Ungab
aiie Zarate
City Manager
Chris 7apata
WARRANT REGISTER # 32
PAYEE DESCRIPTION
2/5/2008
7/7
CIIK NO DATE AMOUNT
14424 1/30/2008 22.70
14425 2/1/2008 142.00
14426 2/1/2008 391.00
14427 2/1/2008 460.00
14428 2/1/2008 72.14
14429 2/1/2008 150.00
14430 2/4/2008 237.94
14431 2/4/2008 9.18
Total 6,942.12
Grand Total S 879,305.29
Mayor
Ron Morrison
Council Members
Louie Natividad
Frank Parra
Fideles Ungab
Rosalie Zarate
City Manager
Chris Zapata
Warrant Register # 32
2/5/2008
001 GENERAL FUND 431,833.87
104 LIBRARY FUND 25.00
105 PARKS MAINTENANCE FUND 1,380.58
111 P.O.S.T. FUND 434.44
120 PLAN CHECKING REVOLVING FUND 101,649.88
131 ASSET FORFEITURE FUND 9,953.10
172 TRASH RATE STABILIZATION FUND 227.00
212 PERSONNEL COMPENSATION FUND 6,288.59
250 NEW FIRE STATION CONSTRUCTION 8,500.00
290 POLICE DEPT GRANTS 24,019.44
301 GRANT-C.D.B.G. 24,622.85
302 CDC PAYMENTS 140.26
626 FACILITIES MAINT FUND 21,189.29
627 LIABILITY INS. FUND 32,831.93
628 GENERAL SERVICES FUND 1,023.81
629 INFORMATION SYSTEMS MAINTENANC 48,710.32
630 OFFICE EQUIPMENT DEPRECIATION 16,194.48
631 TELECOMMUNICATIONS REVOLVING 4,206.85
632 GENERAL ACCOUNTING SERVICES 270.00
643 MOTOR VEHICLE SVC FUND 143,303.60
727 BUILDING AND SAFETY T & A DEPOSITS 2,500.00
Total 879,305.29
City of National City, California
CITY COUNCIL AGENDA STATEMENT
.MEETING DATE March 4, 2008
Second Reading
AGENDA ITEM NO. 8
/ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.80 PERTAINING TO
CONSTRUCTION AND DEMOLITION DEBRIS
PREPARED BY Luis Sainz (Ext. 4221117 DEPARTMENT Building & Safety
Claudia G. Silva, Esq. (4222) , City Attorney
Lin Wurbs Consultant
EXPLANATION The City of National City, like all cities in the state of California, is required to comply
with AB939 which stipulates that the City must divert the amount of solid waste disposed in landfills by fifty
percent. It is becoming increasing difficult to maintain and/or increase that diversion number. Many cities
in San Diego County, including the County of San Diego itself, have put into place a construction and
demolition debris ordinance to keep construction debris from being landfilled. The State is strongly
encouraging adoption of an ordinance for diversion of construction and demolition debris, to the degree that
they will look to whether a local jurisdiction has adopted such an ordinance as part of determining whether
monetary penalties will apply if the jurisdiction is not in compliance with the 50% requirement. National City
is currently diverting 53% from the wastestream and has historically hovered around the 50% mark.
City staff has had several meetings with the development community including developers of all
different size and type projects and have incorporated the recommendations and modifications
requested by the developers. Most developers are already diverting C&D from the landfill through
recycling or reuse and this new requirement will provide the mechanism to formally quantify that
diversion.
A copy of the fact sheet is included which describes the primary components of the proposed
ordinance.
Environmental Review Ni N/A
Financial Statement
Approved By:
Finance Director
The financial impact is neutral to the City of National City. Costs for administering the ordinance are built
into the fee structure
Account No.
STAFF RECOMMENDATION
The staff recommendation is to adopt the Ordinance.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Fact sheet regarding the Proposed Construction and Demolition Debris Ordinance
Proposed Ordinance
A-200 (9/99)
2-19-08
CONSTRUCTION AND DEMOLITION DEBRIS FACT SHEET FOR
NATIONAL CITY
• Necessary to assist City to comply with AB-939 requirements
• Critical to continue to reduce the amount waste being landfilled
• Benefit to the environment
Diversion can be achieved by:
On site reuse
Debris can be taken to a recycling facility, or
Salvage or donation
.Diversion requirements:
75% of inert debris (asphalt, concrete, brick, masonry and tile)
50% of remaining construction and demolition debris
Covered Projects:
More than 1 new single t.amily structure and
One new single family structure of 2,000 square feet or more
All new multi -family projects
New Commercial buildings
Tenant improvements greater than 1,800 square feet
Roofing projects (asphalt shingles & concrete tiles) greater than 1,000 sq. feet
Any demolition project
City and CDC projects with funding in excess of $250,000 or
fall in any of the above categories
Exempt Projects:
Decks, fences, carports, patio covers, balconies, fireplace installation or replacement
Retaining wall installation
Swimming pool or spa installation or replacement
Projects only requiring a plumbing, electrical or mechanical permit
('rocess Points:
There is an appeal process and a refundable deposit is part of the program
Final Inspection or Certificate of Occupancy requires proof of diversion
Minimal administrative fee to cover the cost of administering program
Prepared by: Luis Sainz Project Manager
Claudia Silva Senior Asst. City Attorney
I.in Wurbs
ORDINANCE NO. 2008 — 2309
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 15.80 PERTAINING TO
CONSTRUCTION AND DEMOLITION DEBRIS
WHEREAS, the State of California, through the California Integrated Waste
Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the
State reduce the amount of solid waste disposed in landfills by fifty percent (50%); and
WHEREAS, every city and county in California could face fines up to $10,000 per
day for failing to meet the State mandated diversion requirement listed above; and
WHEREAS, due to the increase in development in National City, the City's
diversion rate is hovering around 50% which could hinder achievement of the State mandated
fifty percent (50%) diversion requirement, and leaving the City open to monetary penalties for
noncompliance; and
WHEREAS, Senate Bill 1374 amends Section 41650 of the Public Resources
Code and requires the California Integrated Waste Management Board ("CIWMB"), in
determining monetary penalties, to consider whether the local jurisdiction has adopted an
ordinance for diversion of construction and demolition debris; and
WHEREAS, based on the CIWMB 1999 statewide estimate of construction and
demolition debris, this debris constituted 35 percent (35%) of the waste stream in the County of
San Diego; and
WHEREAS, with the increase in development in the City, construction and
demolition materials are likely a significant portion of the waste stream that have significant
potential for waste reduction and recycling; and
WHEREAS, reusing and recycling construction and demolition debris is essential
to further the City's efforts to reduce waste and comply with AB 939 diversion requirements; and
WHEREAS, except in unusual circumstances, it is feasible to divert an average
of at least fifty percent (50%) of all construction and demolition debris from construction,
demolition, and renovation projects.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. Title 15 of the National City Municipal Code is hereby amended by adding
Chapter 15.80 to read as follows:
Chapter 15.80
CONSTRUCTION AND DEMOLITION DEBRIS
Sections:
15.80.010 Purpose and intent.
15.80.020 Definitions.
15.80.030 Covered projects.
15.80.040 Exempt projects.
15.80.050 Diversion of construction and demolition debris.
15.80.060 Diversion requirements.
15.80.070 Certified recycling facility.
15.80.080 Waste Diversion Form submittal requirement.
15.80.090 Waste Diversion Security Deposit requirements.
15.80.100 Appeals.
15.80.110 Unclaimed and not refunded deposits and accrued interest.
15.80.120 Use of deposits.
15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion
achieved.
15.80.140 Unclaimed and not refunded deposits and accrued interest.
15.80.150 Use of deposits.
15.80.160 Administrative fees for processing waste diversion forms and program.
15.80.170 Severability.
15.80.010 Purpose and intent.
A. The purpose of this chapter is to divert building materials from landfills, and
process and return the materials into the economic mainstream, thereby conserving natural
resources and stimulating markets for recycled and salvaged materials.
B. To ensure compliance with this Chapter and to ensure that those contractors that
comply with this Chapter are not placed at a competitive disadvantage, it is necessary to impose
a Waste Diversion Security Deposit requirement.
15.80.020 Definitions.
A. "Applicant" means any person, firm, limited liability company, association,
partnership, political subdivision, govemment agency, municipality, industry, public or private
corporation, or any other entity whatsoever who applies to the City for the applicable permits to
undertake any construction, demolition, or renovation project within the city.
B. "Building official" means the Director of the Building and Safety Department or
their designee.
C. "Certified recycling facility" means a recycling, composting, materials recovery or
reuse facility which accepts construction and demolition debris and which has been certified by
the Building Official pursuant to rules promulgated by the Director.
D. "City sponsored project" a capital improvement project constructed by the City or
its contractor, agent, or designee.
E. "Construction" means the building of any facility or structure or any portion
thereof including any tenant improvements to an existing facility or structure. Construction does
not include a project limited to interior plumbing work, interior electrical work or interior
mechanical work.
F. "Construction and demolition (C&D) debris" means the waste building materials,
packaging, and rubble resulting from construction, remodeling, repair, alteration, and/or
demolition operations on pavements, houses, commercial buildings, and other structures and
2008 Ordinance
2
Construction and Demolition Debris
may include, but is not limited to, concrete, asphalt, wood, cardboard, metals, bricks, dirt, rocks,
vegetative or woody landclearing/landscaping materials, and other inert waste.
G. "Conversion rate" means the rate set forth in the standardized Conversion Rate
Table approved by the City pursuant to this Chapter for use in estimating the volume or weight
of materials identified in Waste Diversion Form.
H. "Covered project" means all projects which require a permit pursuant to Chapter
15.80 of this Code, unless exempted by Section 15.80.40.
"Deconstruction" means a process to dismantle or remove useable materials
from structures, in a manner that maximizes the recovery of building materials for reuse and
recycling and minimizes the amount of waste transported for disposal in landfills and
transformation facilities.
J. "Demolition" means the destruction, razing, ruining, tearing down or wrecking of
any facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
K. "Disposal" means the final deposition of solid waste at a permitted landfill.
L. "Diversion or divert" means the reduction or elimination of solid waste from
landfill disposal.
M. "Diversion requirement" means the diversion of at least fifty percent (50%) of the
total construction and demolition debris generated by a covered project by reuse or recycling.
N. "Exempt project" has the meaning set forth in Section 15.80.040 of this Chapter.
O. "Inert debris" means asphalt, concrete, brick, masonry, and tile.
P. "Recycling" means the process of collecting, sorting, cleansing, deconstructing,
treating, and reconstituting materials that would otherwise be solid waste, and the return of
those materials to the economic mainstream in the form of materials which meet the quality
standards necessary to be used in the marketplace for new, reused, or reconstituted products.
Q. "Renovation" means any change, addition, or modification in an existing structure
that requires a building permit or demolition permit but does not include a project limited to
interior plumbing work, electrical work or mechanical work.
R. "Reuse" means further or repeated use of construction or demolition debris.
S. "Salvage" means the controlled removal of construction or demolition debris from
a permitted building or demolition site for the purpose of recycling, reuse, or storage for later
recycling or reuse.
T. "Solid waste" means all putrescible and nonputrescible solid, semisolid, and
liquid wastes, including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, construction and demolition debris, abandoned vehicles and parts thereof,
discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage
sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes.
U. "Tenant improvement" means a "project" involving structural or other
modifications of an existing commercial structure resulting in the generation of construction and
demolition debris.
V. "Total Construction Value" means the cost of the project, as stated in the building
or demolition application.
W. "Waste Diversion Form" (WDF) means the form prepared by the Building Official
which an applicant for a building permit or demolition permit shall provide information including,
but not limited to the:
1. Types and amounts of construction and demolition debris the applicant
estimates the covered project will generate;
2. Expected construction and demolition debris diversion the applicant
expects to achieve for the covered project;
3. Actual quantity of construction and demolition debris the applicant
diverted;
2008 Ordinance
3
Constriction and Demolition Debris
4. Name and address of the person to whom a deposit refund, if any, shall
be issued; and
5. Documentary evidence demonstrating the construction and demolition
debris diversion the applicant achieved for the project.
X. "Waste diversion security deposit" means any performance bonds, surety bond,
money order, letter of credit, cash, certified check or certificate of deposit in a form acceptable
to the City, submitted to the City as pursuant to Section 15.80.070 of this Chapter.
15.80.030 Covered projects. The Building Official is authorized to impose the
conditions and requirements set forth in this section upon permits that are issued for
construction or demolition projects described below. Projects that meet the criteria listed below
are deemed to be "covered projects."
A. The construction of one new single-family residential structure that involves at
least 2,000 square feet or more of floor area.
B. The construction of more than one new single-family residential structure,
regardless of the square footage of the floor area.
C. The construction of all new multi -family residential structures, including condo
conversions, regardless of the square footage of the floor area.
D. The construction of a new commercial building regardless of the square footage
of the floor area.
E. Tenant improvements that involve at least 2,500 square feet or more of floor
area.
F. All roofing projects involving concrete tiles, in which the roofing project is at least
1,000 square feet and includes tear -off or removal of existing roofing material.
G. Any demolition project that involves a residential or commercial structure
regardless of the square footage of the floor area, including partial and entire demolitions.
H. The construction of an accessory structure to an existing commercial structure
that involves at least 5,000 square feet or more of floor area.
The construction of an addition to an existing commercial structure that involves
at least 1,500 square feet or more of floor area.
J. City or Community Development Commission projects for which the City or
Community Development Commission provide funding in excess of $250,000, or fall within one
of the above categories.
15.80.040 Exempt projects. No waste diversion form shall be required for any of the
following activities alone or in combination with one another, except if the activity or activities
is/are undertaken in conjunction with a project that is otherwise subject to this division:
A. All roofing projects not specified as a covered project in Section 15.80.030
subsection F.
B. Installation or repair of a retaining wall.
C. Installation, replacement or repair of a carport, patio cover, balcony, trellis or
fireplace.
D. Installation, replacement or repair of a deck.
E. Installation, replacement or repair of a fence, not including the replacement of a
concrete or cinder block wall that exceeds 300 square feet.
F. Installation, replacement or repair of a swimming pool or a spa.
G. Installation, replacement, or repair of a pre -fabricated sign or the structure to
which the sign is attached.
H. Installation, replacement or repair of storage racks.
Projects for which only a plumbing, electrical or mechanical permit is required.
2008 Ordinance
4
Construction and Demolition Debris
J. Demolition or construction required to protect the public health or safety in an
emergency, as defined in Public Resources Code Section 21060.3.
15.80.050 Diversion of construction and demolition debris.
A. For the purposes of this Chapter, diversion of C&D debris may be achieved by
any of the following methods:
1. On -site reuse;
2. Acceptance of the C&D debris by a recycling facility; or
3. Salvage, other donation or reuse of the C&D debris acceptable to the
Building Official.
B. C&D debris shall be measured by weight or by volume, whichever is most
accurate and practicable. To the extent practicable, all C&D debris shall be weighed on a scale.
1. For C&D debris that is weighed, the applicant shall use a scale that is in
compliance with all federal, state, and local regulatory requirements for accuracy and
maintenance of such scale.
2. For C&D debris for which measurement by weight is not practicable, the
applicant shall measure by volume and convert the volumetric measurements to weight using
the City's Conversion Rate Tables.
C. Applicants for construction, demolition, renovation, and roofing projects within the
City for Non -covered Projects shall be encouraged to divert at least fifty (50) percent of all
project -related C&D debris.
15.80.060 Diversion requirements. It is required that at a minimum the following
specified percentages of the waste tonnage of demolition and construction debris generated
from the following categories of covered projects shall be diverted from landfills by using
recycling, reuse and diversion programs:
A. 75% of inert debris; and
B. 50% of remaining construction and demolition debris generated by a covered
project.
15.80.070 Certified recycling facility. The Building Official may identify individual
facilities as certified recycling facilities, and require contractors working on covered projects to
deliver non -source -separated construction and demolition debris to these facilities for the
purpose of helping to increase the City's diversion rates.
15.80.080 Waste Diversion Form submittal requirement.
A. Except as otherwise provided in this Chapter, all applicants for a building permit
or demolition permit for a covered project shall submit a properly completed Waste Diversion
Form with the building permit or demolition permit application.
B. The Waste Diversion Form shall contain the following:
1. The type of project;
2. The total square footage of the project;
3. The estimated volume or weight of project construction and demolition debris,
by materials type, to be generated;
4. The maximum volume or weight of construction and demolition debris that will
disposed of in a landfill; and
5. The vendors or facilities that the applicant proposes to use to collect,
process, or receive that construction and demolition debris.
C. The City will provide a Conversion Rate Table for the purpose of calculating the
volume and weight of construction and demolition debris. The applicant shall use the
Conversion Rates Tables in estimating the volume or weight of materials identified in the Waste
Diversion Form.
2008 Ordinance
5
• Construction and Demolition Debris
D. No building permit or demolition permit shall be issued for a covered project
unless the applicant has submitted a properly completed Waste Diversion Form to the
satisfaction of the Building Official.
E. In preparing the WDF, an applicant for a plan check involving the removal of all
or part of an existing structure shall consider deconstruction to the maximum extent feasible,
and shall make the materials generated thereby available for salvage before placing in a landfill.
These salvaged materials shaft be included as part of the overall diversion rate.
F. Acknowledgment of responsibility. The WDF shall be signed by both the
contractor and owner indicating: 1) an understanding of consequences of not meeting the
diversion requirement, and 2) that they are responsible for the actions of their subcontractors
with regard to this diversion requirement.
15.80.090 Waste Diversion Security Deposit requirements. Except as otherwise
provided for in this Chapter, the applicant shall pay a refundable deposit at the time of
submitting the building permit or demolition permit application. The amount of the deposit shall
be calculated based on the square footage and type of project, per the following table:
Project Type
New Construction
Renovation, remodel or
demolition
Deposit per square foot
$ .20
Solely roofing, not part
of another project
$ .35
Maximum Deposit Required
$35,000
$ .10
$35,000
$10,000
15.80.100 Failure to meet diversion requirements. If the Building Official determines
that the applicant of a covered project has not made a good faith effort to achieve the required
percentage of diversion specified in the Waste Diversion Form, then the applicant's deposit shall
be forfeited to the City. The Building Official may authorize a partial refund, up to 75 % of the
deposit, where the applicant did not achieve the required percentage of diversion specified in
the Waste Diversion Form, but the Building Official determines that the applicant made a good
faith effort to comply and that the attainment of those requirements was not feasible under the
circumstances.
15.80.110 Entitlement to refund of deposit. An applicant of a covered project is
eligible for a refund of the deposit paid provided the applicant does all of the following:
A. Requests a refund within 30 days of the final inspection date for the covered
project for which the deposit was paid or requests a refund prior to final inspection when:
i. The project has a master developer and multiple commercial
and/or retail tenants constructing their own tenant improvements;
ii. The developer has achieved the diversion rates as set forth in
sections 15.80.050 and 15.80.060; and
iii. The developer has completed construction of the project, except
for the tenant improvements when the tenant improvements are
the sole responsibility of the commercial and/or retail tenant.
B. Provides evidence satisfactory to the Building Official that the construction and
demolition debris generated by the covered project was diverted at the rates set forth in
15.80.060. Such evidence shall include documentation of the following:
2008 Ordinance
6
Construction and Demolition Debris
1. Receipts from the vendor or facility which collected or received each
material showing the actual weight or volume of that material, or if the improvements are part of
a larger Construction project, evidence of cumulative weight or volume of C&D material dated
within thirty (30) calendar days of the date of the request for a certificate of occupancy or final
inspection;
2. For materials reused on site (e.g. crushed concrete for base material,
wood for mulch) photographs are encouraged;
3. A copy of the previously approved WDF for the project with the additional
information of the actual weight or volume of each material diverted and landfilled;
4. Any additional information the Applicant believes is relevant to
determining its efforts to comply in good faith.
C. The construction and demolition debris generated by the covered project was
diverted consistent with the applicant's Waste Diversion Form.
D. Weighing of materials. Applicants shall make reasonable efforts to ensure that all
C&D debris diverted or landfilled are measured and recorded using the most accurate method
of measurement available. To the extent practical, all C&D debris shall be weighed by
measurement on scales. Such scales shall be in compliance with all regulatory requirements for
accuracy and measurement. For C&D debris for which weighing is not practical due to small
size or other considerations, a volumetric measurement shall be used. For conversion of
volumetric measurements to weight, the Applicant shall use the standardized Conversion Rate
Table approved by the City for this purpose.
15.80.120 Appeals. Appeals of a determination made by the Building Official or
designee shall be made to the City Manager or designee. The appeal shall be in writing and
sent to the City, postmarked within 10 calendar days from the post -marked date of the Building
Official's, or their designee's, decision regarding the applicant's failure to meet diversion
requirements. The appeal shall be limited to the following issues: (1) whether the applicant is
entitled to a refund pursuant to Section 15.80.090: (2) whether the applicant made a good faith
effort to comply with the required percentage of diversion specified in the Waste Diversion
Form; (3) in the case of a partial refund, the percentage of the deposit the Building Official
authorizes; and (4) whether the project is covered or exempt from this ordinance. The Building
Official, or designee, shall have the opportunity to provide a written response to the applicant's
appeal. Appeals shall be reviewed by an objective third party hearing officer. The decision of the
hearing officer shall be final.
15.80.130 Final inspection or Certificate of Occupancy requires proof of diversion
achieved. Prior to a certificate of occupancy, or a final inspection if a certificate of occupancy is
not required, Applicant shall provide at least one of the following as evidence of the diversion
rate Applicant achieved:
A. Receipts from the vendor or facility which collected or received each C&D debris
material showing the actual weight or volume of that material, or if the improvements are part of
a larger Construction project, evidence of cumulative weight or volume of C&D material dated
within thirty (30) calendar days of the date of the request for a certificate of occupancy or final
inspection;
B. For C&D debris materials reused on site (e.g. crushed concrete for base
material, wood for mulch) photographs are encouraged;
C. A copy of the previously approved WDF for the project with the additional
information of the actual weight or volume of each C&D debris material diverted and landfilled;
D. Any additional information the Applicant believes is relevant to determining its
diversion rate.
2008 Ordinance
7
Constniction and Demolition Debris
15.80.140 Unclaimed and not refunded deposits and accrued interest. A deposit
which is not refunded or claimed in accordance with this Chapter is the property of the City. All
interest accruing on each deposit is the property of the City, and the applicant shall have no
claim upon the interest.
15.80.150 Use of deposits. Deposits received and interest accrued thereon by the
City shall be used for the following purposes:
A. The payment of refunds of deposits, as determined by the Building Official.
B. The payment of costs incurred in administering the City's Waste Diversion
Program, which costs are not covered by the administrative fee referenced herein in Section
15.80.160.
C. The development and implementation of additional policies and programs that
are approved by the City Council to promote diversion of construction and demolition debris
from landfill disposal and to encourage the salvage, reuse, and recycling of that waste.
D. The payment of costs to develop or improve infrastructure, including the costs of
programs designed to develop or improve infrastructure, to divert construction and demolition
debris from landfill disposal.
E. The cost of programs and activities whose purpose is to promote diversion and
recycling in the City.
15.80.160 Administrative fees for processing waste diversion forms and program.
An applicant shall pay to the City a fee sufficient to compensate the City for all costs incurred in
administering the Waste Diversion Program. The amount of the fee shall be determined in
accordance with the then current resolution of the City Council.
15.80.170 Severability. This chapter and the various parts thereof are declared to
be severable. Should any section of this chapter be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid.
PASSED and ADOPTED this 4th day of March, 2008.
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
2008 Ordinance
8
Construction and Demolition Debris
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE March 4, 2008 AGENDA ITEM NO.
9
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH THE SAN DIEGO REPERTORY THEATRE
FOR A PORTION OF THE FORMER NATIONAL CITY PUBLIC LIBRARY
PREPARED BY George H. Eiser, III DEPARTMENT City Attorney
(Ext. 4221)
EXPLANATION
Please see attached memorandum.
Environmental Review N/A
Financial Statement
Approximately $1.4 Million in CDC tax increment bonds have been
allocated for tenant improvements.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Memorandum
Proposed Resolution
Lease
A-200 (9/99)
City of National City
Office of the City Attorney
1243 National City Boulevard., National City, CA 91950-4301
George H. Eiser, 111 • City Attorney
(619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615
TO: Mayor and City Council 1)A'l'E: February 28, 2008
FROM: City Attorney
SUBJECT: Lease of Portion of Former Library to San Diego Repertory Theatre
The proposed Lease to the San Diego Repertory Theatre would be for approximately 13,000
square feet of the eastern portion of the former library.
The following are the principal features of the Lease:
Leased Premises
13,000 square feet ± of eastern portion of former library (Note: the Museum is not included, but
Lessee will lock and unlock upon request of City)
Term
Three years. City may give Lessee an option to renew for two additional one year terms. Term
commences the earlier of July I, 2008, or completion of Tenant Improvements. If Lease is
renewed after initial three years, City may terminate upon 180 days' notice if leased premises are
needed for a public purpose; in such case, City must reimburse Lessee for cost of improvements
installed by lessee.
Rent
One dollar per year.
Uses
Rehearsals of theatrical productions, and the construction and storage of scenery and properties.
Uses are set forth in detail in Exhibit "B" to Lease.
Parking
Lessee will have four reserved parking spaces.
Improvements
Anything over $500 to be approved by City. Anything over $5,000 to be let by competitive bid.
® Recycled Paper
Utilities
"1'o he separately metered. Lessee is responsible for its use of utilities.
Possessory Interest Taxes
Paid by Lessee.
Lessee Improvements
City shall construct tenant improvements pursuant to the Work Letter attached to the Lease as
Exhibit "C". Improvements will he according to plans prepared by Jeff Katz Architecture, and
already approved by City and Lessee.
Cost of improvements not to exceed $1,018,000. $1.4 Million in CI)C bond proceeds was
previously allocated by the City Council for this use.
Contract to be let by competitive hid. Bids have been opened, and award of contract appears as
an item on March 4 agenda.
The Lease was first submitted to the City Council for approval at the February 19, 2008 Council
meeting. At that time, the Council directed that the language of the Lease clearly indicate that
rehearsal halls in the Leased Premises would be available to schools, and that schools as well as
other nonprofit entities be given preference for their use. Concern was also expressed about
charges by the Lessee for use of rehearsal halls to cover expenses, and the Council directed that
the Lease require the Lessee to prepare and make available to the public a schedule of such fees.
Lastly, the Council directed that language be added to the Lease setting forth guaranteed days for
public use of rehearsal halls on a regular basis.
Exhibit "B of the Lease, which describes in detail the Lessee's uses of the Leased Premises, was
revised to implement the Council directions. Exhibit "B", as revised, would include the
following provisions.
• Lessee shall make rehearsal halls available to organizations and schools located within
National City, and to organizations that primarily benefit the performing arts, in
accordance with a calendar of available dates prepared and made available to the public
by Lessee.
• Preference for use of rehearsal halls shall be given to National City schools and
organizations, and to performing arts nonprofit organizations with a majority of their
members being National City residents.
• Lessee may charge fees for use of rehearsal halls to cover their expenses, and shall
maintain and make available to the public a schedule of such fees.
• Lessee shall offer a fee discount or waiver to National City -based nonprofit organizations
and schools located in National City, and to performing arts nonprofit organizations with
a majority of their members being National City residents. The City Council or their
• Page 2
designees and Lessee's representatives shall together designate the organizations
considered "National City -based". Lessee may charge a premium to organizations not
qualifying for a fee waiver or discount, to offset the discount or waiver given to eligible
organizations.
• Lessee shall offer to the general public an annual series of performing arts workshops or
classes, with preference for space given to National City residents. Lessee shall maintain
and make available to the public a tuition schedule.
• Lessee shall make reasonable efforts to build partnerships with local and regional
performing arts groups that support the long-term goal of creating a cultural arts district
in National City.
GEORUE H. EISER, III
City Attorney
GHE/gmo
• Page 3
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE A LEASE WITH
THE SAN DIEGO REPERTORY THEATRE FOR
A PORTION OF THE FORMER PUBLIC LIBRARY BUILDING
WHEREAS, through a Redevelopment Agency Bond issuance, approximately
$1.4 Million was contributed to the City of National City for the purpose of creating a Community
Art Center; and
WHEREAS, the former National City Public Library was chosen as the location
for the Art Center; and
WHEREAS, the Art Center project was put on hold due to ongoing operational
costs and the City's budget constraints; and
WHEREAS, the San Diego REPertory Theatre desires to rent the vacant space
in the former Public Library for theatrical rehearsals and the building of props for their
performances, to make workshops and classes in the performing arts available to the citizens of
National City, and to build partnerships with local and regional performing arts groups that
support the long-term goal of creating a cultural arts district in National City, and
WHEREAS, the San Diego REPertory Theatre has a solid reputation for working
with diverse visual and performance art groups, and collaboration with an arts organization of
this caliber and scope could be beneficial to the community and to the City's future goal of
creating a Cultural Arts District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a two-year Lease Agreement, which
includes an option to renew for one year, with the San Diego REPertory Theatre to lease space
in the former National City Public Library building for rehearsal space and a property shop, and
to facilitate programming for a future Arts Center at the site. Said Lease Agreement is on file in
the office of the City Clerk.
PASSED and ADOPTED this 4th day of March, 2008.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
LEASE
By and between the
CITY OF NATIONAL CiTY
and
SAN DIEGO REPERTORY THEATRE
This Lease is made and entered into this 19 day of February, 2008, by and between the City of
National City ("City"), hereinafter designated as "Lessor,'_.' and San Diego Repertory Theatre,
("REP"), hereinafter designated as "Lessee."
RECITALS
A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee,
certain real property identified as the eastern portion of the building located at 200 East
12th Street in National City, California as more fully described below.
B. Lessee is desirous to use the Leased Premises to design and manage a cultural and
educational program for the benefit of the residents of and visitors to National City as
well as for rehearsals of theatrical productions and the construction and storage of
scenery and properties. The specific uses to be made of the Leased Premises are
described in detail herein below.
C. It is in the best interests of Lessor, on behalf of the citizens of National City, to enter in a
lease of the Leased Premises with Lessee. Lessor envisions that the use of the Leased
Premises by Lessee will enrich the lives of the citizens of National City by providing an
educational and cultural resource within the City.
NOW, THEREFORE., the parties hereto agree as follows:
1. Leaal Status of Lessee. Lessee warrants that it is a California nonprofit corporation.
2. Leased Premises. I,essor does hereby lease, demise and let to Lessee the real property
situated in the City of National City, County of San Diego, State of California, commonly
described as the eastern portion (approximately 13,000 square feet) of the building
located (the "Leased Premises") at 200 East 12th Street in National City, California (the
"Building"), otherwise known as the former National City Library building (San Diego
County Assessor's Parcel number 560-100-03). The approximate configuration and
location of the Leased Premises is shown on Exhibit A, attached hereto and incorporated
herein by reference.
Nothing in this Section 2, shall cause the Museum, identified as the museum in Exhibit A
hereto, to become or be construed as a part of the Leased Premises.
1193074v22616•001
Lease Agreement 2008
National City and SD Repertory Theatre
Upon not less than two (2) business days prior written notice by Lessor, by facsimile, to
Lessee, Lessee agrees, in accordance with the terms of said written notice, to lock and
unlock the entrance to the Museum for use by Lessor or a third party. Said terms shall
not be unreasonable. Lessee shall not be liable to Lessor or any third party for any
damage caused by Lessee 's locking or unlocking the entrance to the Museum pursuant
to said written notice by Lessor.
Lessor agrees to indemnify and hold Lessee harmless against and from liability and all
claims of any kind for loss or damage to Lessor, the M useum or any other person, or for
any injury to or death of any person, arising out of Lessor's use or occupancy, or any
work, activity or other things allowed by Lessor to be done in, on or about the M useum.
Lessor shall at Lessor's expense, and by counsel reasonable satisfactory to Lessee, defend
Lessee in any action or proceeding arising from any such claim and shall indemnify
Lessee against all costs, attorneys' fees, expert witness fees and any other expenses
incurred in such action or proceeding.
Notwithstanding anything to the contrary herein, the obligations of Lessee under this
Section 2 shall terminate immediately upon Lessor 's leasing of the Museum to any third
party.
3. Use. The primary use of this facility will be for rehearsals of theatrical productions and
the construction and storage of scenery and properties by the Lessee. In addition, the
Lessee will work closely with National City staff to design and manage a plan that a)
makes the rehearsal halls available to National City based groups and b) provides an
annual series of workshops and/or classes in the performing arts which are made
available to citizens of National City. The goals of this plan are detailed in Exhibit B,
attached hereto and incorporated herein by reference.
4. Tenn. The initial term of this Lease shall be thirty-six (36) months ("Term"), beginning
on the date which is the earlier of (i) July 1, 2008, or (ii) ten (10) days after lessor has
completed all of the Lessee improvements ("Lessee Improvements") as described in and
in accordance with the Work Letter, attached to this Lease as Exhibit C, and
incorporated herein by reference (the "Commencement Date") Lessor shall deliver
possession of the Leased Premises to Lessee (on the "Commencement Date. Ninety (90)
days prior to the expiration of the Term, Lessor, in its sole discretion, may give notice
granting Lessee the options (collectively, "Options") to extend the Term for two (2)
additional twelve (12) month periods, commencing when the Term expires, and twelve
(12) months thereafter. To exercise any Option, Lessee must be current on all obligations,
including Liability Insurance.
5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and any
option period shall he the annual sum of One Dollar ($1.00) and the mutual benefit to be
derived from Lessee's uses of the Leased Premises, as specified herein.
6. Assignment & Subletting. This Lease shall not be assigned, sublet, hypothecated,
leveraged, or transferred without the prior written consent of the Lessor.
(193074v2/2646-0011 2 Lease Agreement 2008
National (:itv and SD Repertory Theatre
7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the
Leased Premises as may be required for normal maintenance and operation, which shall
include the repairs and/or replacements to all structural portions of the Building and all
walls, floors, corridors, windows, IIVAC, mechanical electrical, plumbing, paving and
parking, exterior windows, and other structures and equipment within and serving the
Leased Premises, and such additional maintenance as may he necessary because of
damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in
accordance with standard practices for similar commercial buildings in the San Diego,
California area. Lessor shall be responsible for extermination/pest control for the Leased
Premises. Without limiting the foregoing, notwithstanding anything to the contrary set
forth herein, if Lessor is required to make repairs to take other corrective action in the
Leased Premises by reason of Lessee's negligent acts or negligent failure to act
reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the
repairs or other work.
8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the
Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees,
invitees, or visitors, at Lessee's own cost and expense within a reasonable time after
written notice from Lessor. If Lessee fails to make such repairs or replacements within a
reasonable time alter written notice, Lessor may, at its option, make such repairs or
replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent
within ten (10) days of written demand. However, for any repair work, other than repair
work in emergency situations, costing over Five hundred and no/100 Dollars ($500.00)
to he performed by Lessee or Lessee's agents, Lessee shall not perform such repair work
without Lessor's prior written consent. Any repairs or replacements in or to the Leased
Premises, other than repair work in emergency situations, which would require an
expenditure exceeding Five Thousand and no/100 Dollars (5,000.00) and which
constitute a "public project" under Section 20161 of the California Public Contract Code,
shall be contracted for/by Lessor and let to the lowest responsible bidder after notice.
Lessee shall not he liable for damage or loss that results from Lessor's failure to consent
to repair work costing over Five Hundred Dollars ($500.00) or from Lessor's failure to
contract for repair work exceeding Five Thousand Dollars ($5,000.00).
9. Routine Maintenance by Lessee. From and after the Commencement Date and during
the Term, Lessee shall, at its own cost and expense, make all repairs and replacements
required by this Lease, reasonable wear and use excepted, and excepting those repairs to
be made by Lessor as set forth in Section 7 above.
10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond
normal wear and tear of the Leased Premises.
11. Parking. Lessee shall have four reserved parking spaces for use between the hours of
8:00 a.m. and 5:00 p.m.
1193074v272646-0011 3 Lease Agreement 2008
National City and SI) Repertory Theatre
12. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made
any major alterations or physical additions in or to the Leased Premises which affect the
structure or any other improvements without first obtaining the written consent of Lessor,
which shall not be unreasonably withheld. All work shall he done by contractors
approved by Lessor. Any alterations or physical additions in or to the Leased Premises,
other than repair work in emergency situations, which would require an expenditure
exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a
"public project" under Section 20161 of the California Public Contract Code, shall be
contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all
such alterations, physical additions, or improvements, when made to the Leased Premises
by Lessee, shall at once become the property of Lessor and shall he surrendered to Lessor
upon the termination of this Lease by lapse of time or otherwise; provided, however, this
clause shall not apply to trade fixtures, equipment or furniture owned by Lessee. Any
Lessee improvements, alterations or additions shall comply with all government, local
building code, permitting and competitive bidding requirements. Lessee shall give
Lessor written notice five (5) days prior to employing any laborer or contractor to
perform major work on the Leased Premises so that Lessor may post a notice of non -
responsibility if allowed by law. Lessee shall not be required to remove alterations,
physical additions, or improvements upon termination of this Lease
13. Utilities. Lessor shall separately meter Lessee's utilities. Lessee will be responsible for
payment of utilities, including but not limited to electric, gas, telephone, security, fire
alarm, sewer, trash and water. Lessee understands that it is responsible for the proper
disposal of debris in the designated trash receptacles provided by the Lessor. No trash is
to be placed in front of or on the sides of the container nor should any trash be placed on
top of the lids. Lessee further understands that it will be billed accordingly for not
disposing of trash in the proper manner, which includes breaking down all boxes and
containers prior to being placed in the trash bins.
14. Indemnity and Insurance.
a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising
out of Lessee's construction, maintenance, repair, use, operation, or dismantling
of the Leased Premises except to the extent caused by Lessor's negligence or
willful misconduct.
b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify
and hold harmless Lessor and its officials, boards, commissions, employees,
agents, attorneys, and contractors (hereinafter referred to as "indemnitecs"), from
and against:
i. Any and all liability, obligation, damages, penalties, claims, liens, costs,
charges, losses and expenses, including without limitation, reasonable fees
and expenses of attorneys, expert witnesses and consultants, which may
arise out of or be in any way connected with Lessee's construction,
maintenance, repair, use, operation, or dismantling of the Leased Premises
[193074v2/2646-0O1] 4 Lease Agreement 200E
National City and SD Repertory 'theatre
or Lessee's failure to comply with any federal, State or local statute,
ordinance or regulation.
ii. Lessee's obligations to indemnify indemnities under this Lease shall not
extend to claims, losses, and other matters covered hereunder to the extent
such claims arise out of the negligence or willful misconduct of one or
more indenuiitiees.
c. Assumption of Risk. Lessor warrants that it does not have actual knowledge that
a dangerous condition exists at the Premises except as may be specifically set
forth in this Lease. Lessee undertakes and assumes for its officers, agents,
affiliates, contractors and subcontractors and employees (collectively for the
purpose of this section), all risks of unknown dangerous conditions, if any, on or
about the Leased Premises, and Lesscc hereby agrees to indemnify and hold
harmless Lessor against and from any claim asserted or liability imposed upon the
Indemnitiees for personal injury or property damage to any person (other than
from Indemnitee's negligence or willful misconduct) arising out of Lessee's
construction, maintenance, repair, use, operation or dismantling of the Leased
Premises or Lessee's failure to comply with any federal, State or local statute,
ordinance or regulation.
d. Defense of Lessor. In the event any action or proceeding shall be brought against
Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee
shall, upon notice from Lessor at Lessee's sole cost and expense, resist and
defend the same with legal counsel mutually selected by Lessor and Lessee,
provided however, that Lessee shall not admit liability in any such matter on
behalf of Lessor without written consent of Lessor, and provided further that
Lessee shall not admit liability for, nor enter into any compromise or settlement
of, any claim for which it is indemnified hereunder, without the prior written
consent of Lessor.
e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt notice of
the making of any claim or the commencement of any action, suit or other
proceeding covered by the provisions of this paragraph. Nothing herein shall be
deemed to prevent Lessor from cooperating with Lessee and participating in the
defense of any litigation by Lessor's own counsel.
f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be
maintained, in full three and affect and at its sole cost and expense, the following
types and limits of insurance:
[1e3074v2.a 646.00I
i. Worker's compensation insurance meeting applicable statutory
requirements.
ii. Comprehensive commercial general liability insurance with minimum
limits of Two Million and no/100 Dollars ($2,000,000.00) as the
combined single limit for each occurrence of bodily injury, personal injury
5 Lease Agreement 2008
National City and SD Repertory Theatre
g.
and property damage. The policy shall provide blanket contractual
liability insurance for all written contracts, and shall include coverage for
products and completed operations liability, independent contractor's
liability; coverage for property damage from perils of explosion, collapse
or damage to underground utilities, commonly known as XCU coverage.
iii. Automobile liability insurance covering all owned, hired, and non -owned
vehicles in use by Tenant, its employees and agents, with personal
protection insurance and property protection insurance to comply with the
provisions of state law with minimum limits of One Million and no/100
Dollars ($1,000,000.00) as the combined single limit of each occurrence
for bodily injury and property damage. (Please change if possible)
iv. At the start of and during the period of any construction by Lessee,
builders all-risk insurance, together with an installation floater or
equivalent property coverage covering cables, materials, machinery and
supplies of any nature whatsoever which are to be used in or incidental to
the installation of improvements.
v. All policies other than for Worker's Compensation shall be written on an
occurrence and not on claims made basis.
vi. The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits
equal or exceed those stated.
vii. Lessee shall furnish certificates of insurance to Lessor before
commencement of the Lease term.
Named Insureds. All policies, except for worker's compensation policies, shall
name Lessor and its officials, hoards, commissions, employees, agents and
contractors, as their respective interests may appear, as additional insureds (herein
referred to as the "Additional insureds").
h. Evidence of Insurance. Certificates of Insurance of each insurance policy
required to be obtained by Lessee in compliance with this paragraph, along with
written evidence of payment of required premiums shall be filled and maintained
with Lessor annually during the tern of the Lease. lessee shall immediately
advise Lessor of any claim or litigation that may result in liability to Lessor.
i. Cancellation of Policies of Insurance. All insurance policies maintained
pursuant to this Lease shall contain the following endorsement:
At least thirty (30) days' prior written notice shall be given
to Lessor by the insurer of any intention not to renew such
policy or to cancel, replace or materially alter same.
t193074v7/2646-0011 6 Lease Agreement 2008
National City and SI) Rehenory "theatre
J.
Insurance Companies. All insurance shall be affected under valid and
enforceable policies, insured by insurers licensed to do business by the State of
California or surplus carriers on the State of California Insurance Commissioner's
approval list of companies qualified to do business in the State of California. All
insurance carriers and surplus line carriers shall be rated A+ or better by A.M.
Best Company, or as otherwise approved by Lessor's Risk Manager.
k. Deductibles. All insurance policies may be written with deductibles not to
exceed $50,000 unless approved in advance by Lessor. Lessee agrees to
indemnify and save harmless Lessor, the indemnities and Additional Insureds
from and against the payment deductible and from the payment of any premium
on any insurance policy required to be furnished by the Lease.
Contractors. Lessee shall require that each and every one of its contractors and
their subcontractors who perform work on the Leased Premises on behalf of
Lessee to carry in full force and effect, workers' compensation, comprehensive
commercial general liability and automobile liability insurance coverages of the
type which Lessee is required to obtain under the terms of this paragraph with
appropriate limits of insurance.
m. The indemnity provisions of this Section 14 shall survive any termination of this
Lease.
15. Inspection. Lessor, by and through its proper officers, reserves and shall always have
the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises
for the purpose of viewing and ascertaining the conditions of the same and the operation
and maintenance thereof.
16. Optional Termination by Lessor. This Lease may be terminated by Lessor, upon one
hundred eighty (1 RO) days' written notice to Lessee, if Lessor determines, in its sole
discretion, that the Leased Premises are needed for a public purpose. In the event of such
termination, Lessor shall reimburse Lessee the Fair Market Value of all improvements
installed by Lessee on the Leased Premises, excluding the "Lessee improvements"
described in the Work Letter, as determined by an independent qualified appraiser
retained by Lessor and subject to Lessee's reasonable approval. Notwithstanding
anything to the contrary herein, Lessor may not exercise its option to terminate as set
forth in this Section 16 during the initial Term and may only exercise its option to
terminate the Lease no sooner than the first day of the initial option period, if any.
17. Removal of Personal Property. At the termination or expiration of this lease or any
renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor,
remove any and all personal property not owned by Lessor, placed or erected on the
premises during the term thereof, or any renewal thereof, and that all expense connected
with such removal shall he home by Lessee. Lessor shall have the right to sell, destroy,
remove, or otherwise dispose of any such personal property left on the premises longer
than ninety (90) days after termination of this Agreement. The premises shall he left by
[191074,2'2646-001j
7 Lease Agreement 2008
National City and SD Repertory Theatre
Lessee in a clean, neat and sate condition, and the exclusive possession and use of the
property shall revert to Lessor.
18. Non -Discrimination. Lessee agrees that there shall be no discrimination against or
segregation of any person or group of persons because of race, color, creed, national
origin, sex, sexual orientation, ancestry, marital status, physical handicap or medical
condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any
person claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or
occupancy of users of the property.
19. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of
any of its terms, conditions, or covenants shall in no way he deemed to be a consent by
Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating
this Lease thereafter, either for such or for any subsequent violation of any such term,
condition or covenant.
20. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or
affixed on or to any part or portion of the outside of the Leased Premises except to be of
such type and color, size and style, and in such place as may be approved by Lessor. Any
additional signage or changes to existing signage after the Commencement Date will
require the Lessee to pay for and obtain in all regulatory approvals (permits) for the
Leased Premises.
21. Waiver of Relocation Assistance. 1n consideration for the execution of this Lease by
Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may
otherwise he entitled under federal, state, or local law or regulations, upon vacation of the
leased Premises.
22. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall
comply, at its sole cost, with requirements of ADA which provides for the removal of
architectural barriers that prevent equal access to disabled persons on the interior of the
Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost,
with requirements of the ADA which provides for the removal of architectural harriers
that prevent equal access to disabled persons on the exterior of the Leased Premises.
Lessor warrants that the Premises will be ADA compliant at the time possession is
delivered to Lessee.
23. Compliance with Environmental and Other Laws. Lessee shall not engage in
activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway
involving the handling, manufacturing, treatment, storage, use, transportation, spillage,
leakage, dumping, discharge or disposal (whether legal or illegal, accidental or
intentional) or any hazardous or toxic substances, materials or wastes, or any wastes
regulated under any local, state or federal law; provided, however, normal quantities and
use of those hazardous or toxic substances or materials customarily used in the conduct of
Lessee's permitted uses, such as paints, stains, solvents, and similar materials, may be
used and stored by 1.csscc at the Leased Premises.
[I93074,212646-001] 8 I. ease Agreement 2008
National City and SD Repertory Theatre
Lessee shall he, and remain for the term of this Lease, in full compliance with all
applicable laws governing the use and occupancy of the Leased Premises including,
without limitation, the handling, manufacturing, treatment, storage, disposal, discharge,
use, and transportation of hazardous or toxic substances, materials or wastes, and any
wastes regulated under any local, state or federal law. Lessee has been advised that no
digging or excavation at the site will be authorized without appropriate environmental
oversight. In addition, Lessee has been advised that this site may have been constructed
with building materials that at this time are considered hazardous substances.
24. Obstruction. Except as permitted by this Lease, and except for those materials
customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install,
maintain, or allow any combustible materials in buildings, structures, or other
improvements upon the Leased Premises and shall not cause or allow the surface
elevation therein to be changed in any way whatsoever, without Lessor prior written
approval.
25. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and
peaceably and quietly surrender and deliver to Lessor the Leased Premises and all
improvements, buildings and fixtures hereon or constituting a part thereof and any
replacements or renewals thereof in a good condition, order and repair as the same were
at the Commencement Date or thereafter may have been put, reasonable wear and use
excepted. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee
shall have the right at any time during this Lease to remove from the Leased Premises
Lessee's trade fixtures, furniture, equipment and personal property, provided that Lessee
repairs any damage caused by such removal.
26. Hazardous Substances. Lessee shall indemnify, protect and hold harmless Lessor and
each of its respective subsidiaries from and against all costs and damages incurred by
Lessor in connection with the presence, emanation, migration, disposal, release or
threatened release of any oil or other petroleum products or hazardous materials or
substances on, within, or to or from the Leased Premises as a result of (i) the operations
of Lessee alter the Commencement Date, and (ii) the activities of third parties affiliated
with Lessee or invited on the Leased Premises by Lessee. Each party agrees that such
party will promptly give written notice to the other party of any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private
party involving the Leased Premises and any hazardous substance or environmental law
of which such party has actual notice.
27. Taxes. Lessee recognizes and understands that this Lease may create a possessory
interest subject to property taxation and that Lessee may he subject to the payment of
property taxes levied on such interest. Lessee further agrees to pay any and all property
taxes, if any, assessed during the term of this Lease pursuant to Section 107 and 107.1 of
the Revenue and Taxation Code against Lessee's possessory interest in the Leased
Premises.
(1941174v22646 0011
9 Lease Agreement 2008
National City and SD Repertory Theatre
28. Representations and Warranties. The parties represent and warrant that they have
powers adequate for the execution, delivery and performance of their obligations under
this Lease; they have taken all necessary actions required to make this Lease the valid
and enforceable obligation it purports to be; and this Lease has been duly executed and
delivered.
29. Severahility; Choice of Law. If any provision of this Lease shall be declared to be void
or unenforceable either by law or by a court of competent jurisdiction, the validity or
enforceability of remaining provisions shall not thereby be affected. Provided, however,
that if any portion of Section 3 herein is determined to be void or unenforceable.
Notwithstanding the foregoing, Lessor and Lessee shall first make best efforts to revise
Section 3 to the extent necessary to bring it in compliance with any law by which it is
declared void or unenforceable without sacrificing, to the extent possible, the intentions
of Lessor and Lessee when initially drafting Section 3. This Lease shall he governed and
construed in accordance with the laws of the State of California.
30. Brokers. Each party hereto represents and warrants to the other that it has not dealt with
any broker in connection with the Leased Premises or this Lease. Each party hereto
hereby indemnifies and holds the other harmless from and against any liability for
commissions due any broker of finder with whom such party has dealt in connection with
this Lease.
31. Mailings & Noticing. All notices or other communications required or permitted
hereunder shall be in writing, and shall he personally delivered or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid,
return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or
cabled; or delivered or sent by telex, telecopy, facsimile, 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, three (3) days (five (5) 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 entail, when sent. Any payment, notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the Lessor:
To the Lessee:
t 193074v2!2646-0011
City Manager, City of National City
1243 National City Boulevard
National City, California 91950-4397
San Diego Repertory Theatre
Attn: Larry Alldredge
79 Horton Plaza
San Diego, CA 92101
10
Lease Agreement 2008
National City and SI) Repertory Theatre
32. Entire Agreement. This Lease 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 he of any effect unless it is in writing and executed by the party to be
bound thereby.
33. 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 Lease; (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 Lease; (iv) each party and such party's counsel and advisors
have reviewed this Lease; (v) each party has agreed to enter into this Lease following
such review and the rendering of such advice; and (vi) any rule or construction to the
effect that ambiguities arc to be resolved against the drafting party shall not apply in the
interpretation of this Lease, or any portions hereof, or any amendments hereto.
34. No Agency. Nothing in this Lease Agreement shall cause or imply any agency
relationship or duty between Lessor and Lessee.
35. Counterparts. This Lease may be signed in counterparts.
36. Recordation. This Lease may be recorded.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to he executed
by their duly authorized officers or representatives as of the day and year first above written
above.
COMMUNITY DEVELOPMENT COMMISSION SAN DIEGO REPERTORY TIIEATRE
(.)F. THE CITY OF NATIONAL CITY (Lessee)
(Lessor) (Signatures of two corporate officers required.)
By:
Ron Morrison
Chairman Narne:
APPROVE[) AS TO FORM:
George H. Eiser, i1I
(193074v2/264G-0011 11
"Title:
By:
Lease Agreement 2008
National City and 51) Repertory Theatre
Legal Counsel Name:
Title:
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12
Lease Agreement 2008
National City and SD Repertory Theatre
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EXI{IBIT B
In addition to the primary use of the space as a rehearsal and theatrical construction and
storage hall for Lessee, Lessee agrees to:
1. OFFER THE USE OF THE REHEARSAL HALLS TO OTHER PERFORMING
ARTS ORGANIZATIONS
Lessee shall make the rehearsal halls available to organizations and schools located
within National City, and to for -profit and nonprofit organizations that primarily benefit the
performing arts in accordance with an established calendar of available dates as provided by the
San Diego Repertory Theatre. Lessee shall ensure that rehearsal halls are made available to the
public in accordance with said calendar of available dates. Preference for use of the halls shall
be given to organizations and schools located within National City, and to performing arts
nonprofit organizations with a majority of their members being National City residents. Lessee
may charge the organizations fees for use of the rehearsal halls to cover expenses incurred by it
in making the halls available, including for utility costs, security costs, and any administrative
costs. Lessee shall at all times maintain a current schedule of such fees, which shall be available
to the public. A discount or fee waiver shall be offered to designated National City -based non-
profit organizations and schools located within National City and to performing arts nonprofit
organizations with a majority of its members being National City residents. The National City
City Council or its designees and San Diego Repertory representatives shall together designate
groups that are defined as "National City -based organizations." A premium may be charged to
the remaining organizations to offset the discount or fcc waiver given to the performing arts
nonprofit organizations with a majority of its member being National City residents.
2. ANNUAL WORKSHOPS
Lessee shall design and manage an annual series of performing arts workshops or classes
to be offered to the general public with preference for available space in the workshops or classes
to be given to National City residents. Lessee may charge a reasonable tuition for such
workshops or classes. Lessee shall at all times maintain a current tuition schedule, which shall he
made available to the public.
3. BUILD COMMUNITY PARTNERSHIPS
Lessee shall make reasonable efforts to build partnerships with local and regional
performing arts groups that support the long-term goal of creating a cultural arts district in
National City.
[19331002646-O01J
EXHIBIT "C"
WORK LETTER — LESSEE IMPROVEMENT
This Work Letter is made part of that certain Lease dated as of July 1,
2008 ("Lease") by and between City of National City ("Lessor") and The San
Diego Repertory (SDREP) ("Lessee"). Capitalized terms not otherwise defined
herein shall have the meaning set forth in the Lease.
1. General Contractor. Lessor and Lessee acknowledge that the
Lessee Improvements will be considered a "public project" under Section 20161
of the California Public Contract Code, shall be contracted for/by Lessor and let
to the lowest responsible bidder after Notice. The lowest responsible bidder shall
be the agreed general contractor (the "Contractor") for the construction of the
Lessee Improvements (as defined below). Lessor shall cause Contractor to
complete construction of the initial improvements to the Leased Premises in
accordance with the following terms and provisions of this Exhibit "C" (the "Work
Letter"), promptly, in a good and workmanlike manner and in compliance with all
applicable laws. It is understood that the intention of both parties is that Lessor
and Lessor's Contractor is to construct the Leased Premises and all of the
Lessee Improvements on behalf of Lessee at no cost to Lessee. Should the
lowest responsive, responsible bid which Lesser receives for construction of the
Lessee Improvements exceeds $1,018,000.00 then Lessor in its discretion may
re -bid the work and/or renegotiate the scope of the Lessee Improvements with
Lessee.
(a) Permit Set/Workinq Drawings. On or before April 1, 2008
(the "Final Drawing Deadline"), Lessor shalt furnish to Lessee for Lessee's
written approval (which shall not be unreasonably withheld, delayed or
conditioned) working plans and specifications (the "Working Drawings")
prepared by Lessor's Architect for substantially all of the improvements, including
any proposed structural work, mechanical, electrical, plumbing or HVAC
requirements, and shall contain such detail and specifications as would permit
the Contractor to obtain all necessary governmental permits for construction of
the improvements and to secure multiple bids from qualified contractors to
perform the work and shall show improvements which substantially conform to
applicable building codes and legal requirements. Lessee shall respond to the
Working Drawings within five (5) working days of its receipt thereof. Lessee shall
not unreasonably withhold its approval to the Working Drawings and the
improvements set forth thereon. Lessor shall respond promptly to any
reasonable objections of Lessee to the Working Drawings and shall resubmit
appropriately revised Working Drawings prepared by Lessor's Architect with ten
(10) working days of Lessor's receipt of Lessee's objections. Such resubmitted
Working Drawings shall clearly indicate which portions of the plans. Lessee shall
respond to revised Working Drawings within three (3) working days of receipt
thereof, unless such revised Working Drawings include material revisions to
structural, mechanical, electrical, or life safety components, in which event
Lessee shall respond within five (5) working days of receipt thereof. Lessee and
1
Lessor shall reasonably collaborate and agree on commercial quality grade
lighting, carpet, paint and other design and finish related details. Where there is
conflict between Lessee and Lessor as to the quality of finishes to be used in
constructing the Lessee Improvements the Lessee's current leased premises
shall serve as a benchmark. The Working Drawings, as approved in writing by
Lessee, as revised by Lessor from time to time with Lessee's written approval in
accordance with the following provisions of this Work Letter, are hereinafter
called the "Final Plans", and the improvements to be performed in accordance
with the Final Plans are hereinafter called the "Lessee Improvements". The
Lessee Improvements shall include and incorporate, without limitation, each of
the items specified in Schedule 1 attached hereto and incorporated herein by
reference.
(b) Approval. Lessee's approval of any item reviewed by
Lessee under this Work Letter shall merely indicate Lessee's consent to the
proposed work shown thereon, and in no event shall such consent by Lessee be
deemed to constitute a representation by Lessee that the work called for therein
complies with applicable building codes or other legal requirements, nor shall
such consent release Lessor from Lessor's obligation to supply Working
Drawings that do so substantially conform to applicable building codes and legal
requirements.
(c) Construction Documents. Lessor shall provide copies to
Lessee of Construction Documents prepare by Lessor's Architect prior to
commencing any of the works or making changes to any of the works.
2. Plans. Working Drawings for the Lessee Improvements have
been prepared by Jeff Katz Architecture, and have been approved by Lessor and
Lessee.
3. Lessee's Representative. For the purposes of this Work Letter,
Lessee's representative shall be name of representative San Diego Repertory
Theater or such other representative(s) designated by Lessee from time to time
("Lessee's Representatives").
4. Cooperation. Lessor and Lessee and their respective contractors,
consultants and representatives, shall communicate and cooperate with each
other to the end that the Lessee Improvements are constructed in an expeditious
manner, having due regard for minimizing disturbance of other Lessees and park
visitors in the area. Lessor and Lessee shall cooperate with each other to
resolve any space planning or other issues that are raised by applicable local,
state or federal building codes during the planning, permit or construction
process. Lessor shall keep Lessee informed regarding the progress of the work,
and Lessor and Lessee's Representative shall hold construction meetings with
frequency reasonably satisfactory to Lessee.
5. Lessor's Work. In addition to Lessor's sole responsibility for
payment of all expenses related to the construction of the Final Space Plan
2
incorporating the Demolition Work and Lessee Improvements, Lessor shall, at
Lessor's sole cost and expense, perform all work necessary to cause the
restroom facilities in the Leased Premises to comply with applicable laws and
codes regarding handicap access and use (using Building standard plans and
finishes) to the extent such work is required in connection with the Lessee
Improvements (collectively, "Lessor's Work").
6. Construction.
(a) Construction Operations Fee. Lessor acknowledges and
agrees that no construction management or administration fee shall be charged
by Lessor to Lessee in connection with the demolition or construction of the
Lessee Improvements.
(b) Preconstruction Services. Lessor shall cause Lessor's
Contractor to perform the following preconstruction services: Participate in a
reasonable number of construction meetings and provide to Lessee an estimated
schedule for the construction of the Lessee Improvements including providing
Lessee weekly updates to any schedule changes or complications related to the
construction of the Lessee Improvements. Lessor shall cause Lessor's
Contractor to use reasonable care in preparing these schedules and weekly
updates.
(c) Schedule of Values. Upon approval of the Final Plans and
selection of a Contractor and approval of the schedule, and after securing all
necessary permits, Lessor shall cause Contractor to provide a detailed line item
schedule of values for the Lessee Improvements ("Schedule of Values"). The
Schedule of Values shall include all items included in Schedule 1 attached
hereto.
(d) Commencement of Construction: On -going Obligations.
Upon approval of the Final Plans and selection of a contractor and approval of
the schedule, and after securing all necessary permits, Lessor shall cause
Contractor to promptly commence and diligently pursue to completion
construction of the Lessee Improvements. Lessor's Contractor shall update the
project schedule weekly, and Lessee shall be provided on a weekly basis a
reasonably thorough report on its progress on the Lessee Improvements showing
impact to schedule and estimated impact to the anticipated completion date.
7. Changes. If Lessee shall desire any change in or to the Final Plans
(a "Change") Lessees shall submit to Lessor for Lessor's review and written
request including illustrations prepared by Lessee's Architect incorporating the
requested Change. Lessor shall not unreasonably withhold or delay its approval
of the revised Working Drawings, provided, however, that Lessor shall have at
least three (3) business days after r receipt of the revised Working Drawings to
review any proposed Change. If Lessor fails to approve or disapprove a
requested Change which is not a Material Change within the three (3) business
day period specified above, Lessor shall be deemed to have approved such
proposed Change. If Lessor approves any proposed Change, then together with
such approval, if practicable as soon thereafter as is practicable, Lessor'
3
Contractor shall give Lessee Lessor's estimated delay (if any) which would result
from incorporating such Change. If, following Lessee's review of the estimated
delays, Lessee desires Lessor to incorporate the Change into the Lessee
Improvements, then Lessor and Lessee shall execute a change order for such
Change on Lessor's Contractor's standard form therefore, and the term "Final
Plans" shall thereafter be deemed to refer to the Working Drawings as so revised
and approved. If a change will increase the cost of an item (an "Item Change") in
the Budget by more than 10%, the cost over that percentage, plus the Contractor
mark-up (not to exceed 4%) shall be borne by Lessee (the "Lessee
Overcharge"). If the accumulation of Item increases the total Cost of the Lessee
Improvements by more than 5%, Lessee shall pay the total Lessee Overcharge.
The Lessee shall pay to Lessor within fourteen (14) days of payments by Lessor
to Contractor for the Lessee Overcharge.
8. Substantial Completion. "Substantial Completion" of the Lessee
Improvements shall be deemed to have occurred when (i) the Lessee
Improvements have been completed pursuant to the Final Plans, subject only to
the completion or correction of Punch List Items, and (ii) Lessor has obtained all
approvals and permits from the appropriate governmental authorities required for
the legal occupancy of the Leased Premises for Lessee's intended use. Punch
List Items shall mean incomplete or defective work or materials in the
improvements, of a nonmaterial nature, called for in the Final Plans which do not
materially impair Lessee's use of the Leased Premises for the conduct of
Lessee's business therein. Upon notice from Lessor that the Lessee
Improvements have been Substantially Completed, Lessor and Lessee shall tour
the Leased Premises and prepare a joint list of Punch List Items. Lessor shall
cause Lessor's Contractor to diligently pursue the Punch List Items to completion
to Lessee's reasonable satisfaction, and Lessee shall reasonably cooperate with
an accommodate Lessor's Contractor in connection therewith. Within one month
after upon Substantial Completion of the project, Lessor shall cause Lessor's
Architect to deliver to Lessee a set of "as -built" drawings for the Lessee
Improvements.
9. Cost of Improvements. The cost of the construction and installation
of the Lessee Improvements shall be borne entirely by Lessor, except for any
Lessee Overcharge, including but no limited to;
(a) Lessor shall pay the entire cost of Lessor's Work.
(b) Lessor shall pay for all of the construction and installation of
the Lessee Improvements.
10. Vendor Entry During Construction Period. Notwithstanding
anything to the contrary in the Lease or this Work Letter, Lessee may, prior to the
Substantial Completion of the Lessee Improvements, and during and in
conjunction with the construction of the Lessee Improvements, permit Lessee's
vendors to enter the Leased Premises for the purpose of installing telephones,
electronic communication or related equipment, security or audio/visual
4
equipment, and furniture systems and equipment. Such early access to the
Leased Premises and such installation shall be permitted only to the extent that
Lessor determined that such early access and installation activities will not delay
Lessor's contractor's completion of the construction of the Lessee Improvements,
provided that Lessor's Contractor shall use reasonable good faith efforts to
reasonably integrate the work to be completed by Lessee's Vendors into Lessor's
Contractor's scheduling and planning such that the Lessee Improvements and
the work to be completed by Lessee's Vendors will be completed in an efficient
manner. Lessee's Vendor will be responsible for any damage Vendor during
Lessee's installation activities.
11. Addresses for Notice and Deliveries. For the purposes of this Work
Letter (i) notices, submittals and deliveries to Lessor shall be made to Lessor's
Representative at the addresses se forth below, (ii) notices, submittals and
deliveries to Lessee shall be made to Lessee's Representative at the address set
forth below, and (iii) notices, submittals and deliveries to either pay may be made
via facsimile transmissions with answerback confirmation at the respective
facsimile numbers set forth below. Facsimile transmission received after 6:00
p.m. shall be deemed to have been given the following business day.
(a) Lessee's Representative: San Diego Repertory Theater
Sam Woodhouse
79 Horton Plaza
San Diego, CA 92101
Fax No. 619-235-0939
(b) Lessor's Representative: Jeff Katz Architecture
Jeff Katz
6353 Del Cerro Boulevard
San Diego, Ca 92120
Fax No. 619-698-9177
Security:
HVAC:
- The building and windows shall be secured in an
appropriate manner to resist access by vandals as
reasonably agreed by San Diego Repertory.
Landlord to provide adequate Heating Ventilation and Air
Conditioning to reasonably support Tenants Use during
the Term per the Lease.
All work to be done in a professional and workman like
manner by qualified contractors
5
SCHEDULE I
(LESSEE IMPROVEMENTS DETAIL)
The following are a list of items Lessee shall receive as part of the Lessee
Improvements:
• All "New Construction" materials to be new and of commercial grade.
• New Commercial Grade floor finishes to be installed throughout space
(Carpet, VCT ETC) All sub -flooring to be prepared to meet code and
industry standards prior to the installation of any new finishes, San Diego
Repertory to have input on selection of all color.
• All .walls to be new construction or repaired to like new condition with
smooth surface to receive new paint.
• All walls to receive at least one (1) coat of primer and two (2) coats of
commercial grade paint, San Diego Repertory to have input on all paint
colors.
• Exterior lighting shall be sufficient to appropriately illuminate all parking
areas and walkways. Lights to be operated on timers for illumination
during all evening and early morning hours.
• All ceiling tile to be replaced with new White acoustic tile.
• All existing Gypsum Board ceilings to be replaced or repaired to like new
condition with smooth surface to receive paint.
• All Gypsum Board ceilings to receive at lease one (1) coat of primer and
two (2) coats of commercial grade ceiling paint.
• All exterior doors to be replaced or repaired to like new condition with
operable and appropriate Code compliant locking hardware. All exterior
doors should be metal and installed in hollow metal frames.
• All exterior doors to be finished with Exterior Grade finish on all exterior
exposures. All interior exposures should be finished to compliment the
surrounding interior space.
• All interior doors and frames to be new or in like new condition with
appropriate code compliant locking hardware.
• All interior doors to have locking hardware and be keyed to the same
master pin configuration. Contractor to distribute 2 keys for each door and
2 master keys upon final inspection to construction inspector.
• All interior doors and frames to be finished with appropriate commercial
grade finish complimenting the surrounding areas.
6
• All toilet room partitions, fixtures, and accessories to be new commercial
grade.
• Interior lighting to provide adequate distribution of light for standard office
environment.
• All interior Tight fixtures and (amps to be new or in like new and code
compliant condition.
• Power distribution - 120 v AC power to be distributed throughout the
space to meet code and provide no less than 6 watts per Rentable Square
Foot to operate standard office equipment. San Diego Repertory to have
input on placement of all outlets.
• Telephone/Data cabling distribution - category 5e cable to be distributed
throughout the space to standard complement of four (4) drops per
location to provide adequate access for installation of business computers
and phones. AI( cable to be landed in the proposed electrical and data
rooms on appropriate Punch Down blocks. San Diego Repertory to have
input on location of all jacks.
• Landlord to provide live telephone circuit at data room.
• All interior and exterior windows shall be in operable condition and
replaced where broken.
EXHIBIT C
7
City of National City, California
COUNCIL AGENDA STATEMENT
i1EETING DATE March 4, 2008
AGENDA ITEM NO.
10
ITEM TITLE Resolution of the City Council of National City awarding a contract to MA Stevens
Construction, Inc. in the base bid amount of $1,018,000 and additive bid amount of $90,000 for the
National City former Library Remodel Project (Funding through 2004 Tax Allocation Bond)
PREPARED BY Din Daneshfar
EXPLANATION
See attahced explanation.
DEPARTMENT Engineering EXT. 4387
J
Environmental Review X N/A
MIS Approval
Financial Statement Approved By: CAI rs-r
�- Fi once Director
The total estimated amount for the work is $1,296,360 that includes base and additWe bids ($1,108,000), 3% for
material testing ($33,240), 4% for construction engineering ($44,320) and 10% for contingencies ($110,800).
(Funding through 2004 Tax Allocation Bond) Account No. 900744
STAFF RECOMMENDATION
Ad pt the Reong
0 ' D / COMM SION RECOMMEDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
1, 2. Bid Opening Information Sheet
A-200 (Rev /103)
EXPLANATION:
This resolution of the City Council is to award a contract for the construction of the
National City former Library Remodel project. The project consists of general interior
improvements to an approximately 13,500 square foot portion of the former
National City Library to create office, storage and rehearsal spaces, workshop
reading rooms and museum. The work includes interior demotion, wall
construction, finishes, HVAC, mechanical, electrical, and ADA compliance.
On January 30, 2008 the City Engineering Department approved the project
specifications and advertised the project on the local and regional newspapers.
On February 25, 2008, ten bids were received and opened for the project. The
bid opening information sheet is attached for further review. The project costs are
based on the Lump Sum costs.
Staff has reviewed the bid documents and found the lowest responsive bidder,
MA Stevens Construction, to be qualified to perform the work. With the current
economy situation and the cost of construction material and labor rising and
based upon the low bidder's submittal and proposal staff has come to a
conclusion that at this time it may be cost and time effective to award both base
and additive bids to the low bidder. The entire project will be supported through
2004 Tax Allocation Bond. Staff recommendation is to award both base and
additive bids to MA Stevens Construction to perform the work.
RESOLUTION NO. 2008 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO
M.A. STEVENS CONSTRUCTION, INC.
IN THE BASE BID AMOUNT OF $1,018,000,
AND ADDITIVE BID AMOUNT OF $90,000
FOR THE NATIONAL CITY FORMER
LIBRARY REMODEL PROJECT
WHEREAS, the Engineering Department, in open session on February 25, 2008,
did publicly open, examine, and declare ten sealed bids for the National City Former Library
Remodel Project; and
WHEREAS, considering only the base bid amount, M.A. Stevens Construction,
Inc. was the low bidder; and
WHEREAS, with the current economy situation and the cost of construction
material and labor rising, the Engineering Department has determined that it would be cost and
time effective to award both the base and additive bids to the low bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for the National City Former Library Remodel Project
to the lowest responsive, responsible bidder, to wit:
M.A. STEVENS CONSTRUCTION, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute on behalf of the City a contract in the base amount of
$1,018,000 and additive amount of $90,000 with M.A. Stevens Construction, Inc. for the
National City Former Library Remodel Project. Said contract is on file in the office of the City
Clerk.
PASSED and ADOPTED this 4th day of March, 2008.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
BID OPENING
SPECIFICATION NUMBER: 08-01
PROJECT TITLE: NATIONAL CITY LIBRARY REMODEL FOR TIIE SAN DIEGO REP.
OPENING DATE: MONDAY, FEBRUTARY 25, 2008
'1'iME: 3:00 P.M.
ESTIMATE: $1,018,000.00
PROJECT ENGINEER: DIN DANESHFAR/JAMES SLADE
NO.
BIDDER'S NAME.
(PAGE 13)
BID AMOUNT
(PAGE 15)
ADDENDA
(PAGE 13)
BID SECURITY
(PAGE I r-CI+ECK
(PAGE 18 -BOND)
1.
MA Stevens Construction
125 E. 17th Street
National City, CA 91950
$1,018,000
$ 90,000
Alternative
X
BOND
2.
John Carey Constniction
9484 Chesapeake Drive, 1 804
San Diego, ('a 92123
$1,107>000
$ 106,000
Alternative
X
BOND
3.
Fordyce Construction
9932 Prospect Avenue
Santee, CA 92071
$1,176,290
$ 130,000
Alternative
X
BOND
4.
Randall Constniction
3656 Ruffin Road, Suite D
San Diego, CA 92123
$1,182,000
$ 125,959
Alternative
X
BOND
5.
EC Construction, Inc
166 W. Park Avenue
El Cajon, CA 92020
$1,183,980
$ 1 14,000
Alternative
X
BOND
6.
Whitaker Construction
2340 Tampa Avenue, Suite F
El Cajon, Ca 92020
$1, 260,000
$ 140,000
Alternative
X
BOND
7.
USS Cal Builders, Inc.
4518 54th Street
San Diego, Ca 92115
$1,298,000
$ 278,000
Alternative
X
BONI)
8.
Healey Construction Co.
1545 Tideland Avenue
National City, CA 91950
$1,298,578
$ 177,541
Alternative
X
BOND
9.
1)F:7. Construction
651 Vemon Way
El Cajon, CA 92020
$1,331,000
$ 141,000
Alternative
X
BOND
10.
Davis and Adams Construction
7986 Dagget Street
San Diego, CA 92111
$1,363,916
117,659
Alternative
X
BOND
City of National City, California
COUNCIL AGENDA STATEMENT
,iEETING DATE March 4, 2008
AGENDA ITEM NO.
11
ITEM TITLE
Report to the City Council of National City on the upcoming Transportation Development Impact Fee (TDIF)
to fund capital improvement projects needed to maintain acceptable levels of traffic and transportation
services due to new development and to satisfy the requirements of the TransNet Regional Transportation
Congestion Improvement Plan (RTCIP) for receipt and expenditure of TransNet funds
PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382
EXPLANATION
Please see attached.
J
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No
STAFF RECOMMENDATION
Seek City Coun ' ' t n mi TDIF
OARD / C MMI ON COMM
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Comparison of Transportation/Traffic Impact Fees for Other Jurisdictions
3. Estimate of Revenues from TDIF for FY 2008-2009
A-200 (Rev. 7/03)
Explanation
Background:
In November 2004, San Diego County voters approved local Proposition A extending the
TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years. The draft
2007 Regional Transportation Plan (RTP) details the need for $58 billion in transportation
improvements. Of that total, $27 billion in funding will come from a variety of state and federal
sources. The remaining $31 billion will come from local funding sources including the TransNet
sales tax extension (which will generate approximately $8 billion). As part of Proposition A
and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement
Program (RTCIP) was created to ensure that new development directly invests in the region's
transportation system to offset the negative impacts of growth on congestion and mobility.
Key components of the RTCIP include:
• Beginning July 1, 2008 each local agency must contribute $2,000 from exactions
imposed on the private sector for each new residence constructed within each
jurisdiction.
• The $2,000 fee per new residential unit will be updated annually by SANDAG for cost
inflation following initial adoption by local agencies.
• Development impact fees may be used as a revenue source to satisfy local agency
contributions to the RTCIP_ Fees would be imposed on new dwelling units at building
permit issuance.
• Revenues must be expended on improvements to the Regional Arterial System
(discussed below) and in a manner consistent with the expenditure priorities in the most
recent adopted Regional Transportation Plan (RTP).
• The Independent Taxpayer Oversight Committee (ITOC), created for the TransNet
program, is responsible for reviewing local agency implementation of the RTCIP.
• If a local agency does not comply with the RTCIP the agency can lose TransNet
sales tax funding.
The adopted Regional Transportation Plan (RTP) allocates $500 million for investment in the
Regional Arterial System (RAS), resulting in a shortfall of over $6 billion. As such, the RTP
indicates that local jurisdictions need to identify matching funds for investment in the RAS
because the regional funding provided through the RTP, "...is intended to be matched with
revenues from the local jurisdictions, which are responsible for improving regional roadways
and local streets to meet their residents needs and mitigate the effects of local land use
developments."
The following Regional Arterial System (RAS) roadways are located within the City of National
City:
1) Harbor Drive
2) National City Boulevard
3) Plaza Boulevard
4) Euclid Avenue
5) 30th Street
The $2,000 per new residential unit collected will stay in National City, and be used to
fund the following types of improvements to these five RAS roadways:
• Roadway widening
• Roadway extension
• Traffic signal coordination and other traffic improvements
• Freeway interchanges and related freeway improvements
• Railroad grade separations
• Improvements required for regional express bus and rail transit
Currently, the Plaza Boulevard Widening Project is a candidate for allocation of transportation
development impact fees (TDIF) in National City since it provides enhanced capacity to a
RAS.
According to the RTCIP, the following residential development is exempt from the impact fee:
• New moderate, low, very low, and extremely low income residential units (based on Health
& Safety Code and Government Code)
• Govemment/public buildings, public schools and public facilities
• Rehabilitation and/or reconstruction of any legal, residential structure and/or the
replacement of a previously existing residential unit
• Development projects subject to development agreements prior the effective date of the
TransNet ordinance (May 28, 2004) that expressly prohibit the imposition of new impact
fees; however if the terms of the development agreements are extended beyond July 1,
2008, the requirements of the RTCIP shall apply
• Guest dwellings
• Additional residential units located on the same parcel regulated by the provisions of any
agricultural zoning
• Kennels and catteries established in conjunction with an existing residential unit
• The sanctuary building of a church, mosque, synagogue, or other house of worship eligible
for property tax exemption
• Residential units that have been issued a building permit prior to July 1, 2008
• Condominium conversions
SANDAG has published an RTCIP Impact Fee Nexus Study to help satisfy the legal
requirements governing development impact fees in Califomia and to provide local agencies in
the San Diego region a basis for adopting an impact fee to satisfy their contributions to the
RTCIP. The California Mitigation Fee Act requires local agencies to demonstrate a reasonable
nexus between a) the collection of fees, b) the need for facilities created by new development,
and c) the expenditure of fee revenues to benefit new development.
The RTCIP impact fees from the Nexus Study are summarized below. Calculation of the fees
is based on regional growth projections (population, employment and land use forecast), travel
demand by land use category (expressed as vehicle trips or trip rates), vehicle hours of delay
on the RAS, and the cost of RAS improvements needed to accommodate new development.
RTCIP Impact Fee (Estimated for $2008)*
Land Use
Single Family'
Multi -family'
Cost per Trip
$320
Commercial'
Office2
Industrial'
Trip Demand Factor
11.10
$320
$97
Fee
$246
$246
8.88
27.88
24.40
10.24
$3,552
$2,842
$2,704
$6,002
$2,519
"RTCIP Impact Fee Nexus Study — Final Report (November 26, 2007)
Fee per unit, 2 Fee per 1,000 square feet
As previously stated, the RTCIP requires local agencies to contribute $2,000 per new
residential dwelling unit to the Regional Arterial System (RAS). According to the RTCIP
Impact Fee Nexus Study, local agencies can impose a fee up to the values shown in the table
above. Fees in excess of the $2,000 minimum requirement for new residential development,
and all fees for new non-residential development (commercial, office and industrial) may be
applied to facilities "off" the RAS, if these facilities are listed as Capital Improvement Projects
(CIPs) in the funding program. Currently, for fiscal year 2008-2009, the Plaza Boulevard
Widening Project would be the only project listed, but is a good candidate due to the existing
funding shortfall for construction costs. This project is also listed in the City's General Plan.
RTCIP Impact Fee Implementation Schedule:
• March 18, 2008: Introduce Ordinance to City Council, present City of National City
Transportation Development Impact Fee (TDIF) Program for public review, address
comments from City Council, and request a public hearing for subsequent City Council
meeting
• April 1, 2008: Hold public hearing on National City TDIF Program at City Council meeting,
address public comments, and adopt fee program; submit fee program to the Independent
Taxpayer Oversight Committee (ITOC) for review
• July 1, 2008: Incorporate RTCIP impact fee and funding program into FY 2008-2009
budget process, collect RTCIP impact fee at building permit issuance
Recommendations:
Staff attended several meetings and workshops at SANDAG discussing local agency
requirements for fulfillment of the Regional Transportation Congestion Improvement Plan
(RTCIP) Impact Fee, and also coordinated with other departments in the City for preparation of
a Transportation Development Impact Fee (TDIF) Program for National City. As such we
recommend the following:
• Support staff in its efforts to establish a TDIF Program for National City to:
a) Fund capital improvement projects needed to maintain acceptable levels of traffic and
transportation services due to new development, and
b) Satisfy the requirements of the TransNet RTCIP for receipt and expenditure of
TransNet funds — the City of National City received nearly $1 million dollars in
TransNet funding this fiscal year (FY 2007-2008) for street resurfacing, traffic
signal upgrades, and the Plaza Boulevard Widening project.
• Provide direction on expanding upon the minimum requirements of the RTCIP impact fee
to impose fees on new non-residential development (commercial, office and industrial).
Comparison of Transportation/Traffic Impact Fees for Other Jurisdictions*
Jurisdiction
Land Use
Cost per Trip
Fee
SANDAG RTCIP - Local Agency
Requirements (FY 2008-09)
Single Famil
n/a
$2,000
Multi -family'
n/a
$2,000
SANDAG RTCIP - Impact Fee
Nexus Study
Single Family'
$320
$3,552
Multi -family'
$320
$2,842
Commercial
$97
$2,704
Office
$246
$6,002
Industrial2
$246
$2,519
City of Chula Vista
Single Family
n/a
$10,050
Multi -family'
n/a
$8,040
City of Encinitas
Single Family
n/a
$2,225
Multi -family'
n/a
$1,780
City of SD (La Jolla)
Commercial—
$171
$6,840
City of SD (Mission Beach)
Commercial—
$148
$5,920
City of SD (North Park)
Commercialr
$62
$2,480
City of SD (Torrey Pines)
Commercial
$327
$13,080
San Diego County (Fallbrook)
n/a
$1,007
n/a
San Diego County (Lakeside)
n/a
$613
n/a
San Diego County (Ramona)
n/a
$749
n/a
San Diego County (Spring Valley)
n/a
$332
n/a
City of Rancho Cordova
Single Family'
n/a
$8,774
Multi -family'
n/a
$5,858
Commercialz
n/a
$8,240
OfficeZ
n/a
$7,980
Industrial?
n/a
$5,420
City of Salinas
Single Family'
$257
$2,570
Industrial`
$257
$1,285
Santa Cruz County
Single Family
$400
$4,000
* Fees for individual jurisdictions were obtained from websites and may be outdated. Contact
the Finance Department of each jurisdiction to verify the most recent fee schedules.
' Fee per unit, Fee per 1,000 square feet
Land Use
Single Family'
Multi-family3
Commercial°
Office./
Estimate of Revenues from TDIF for FY 2008-2009
New Development'
40 units
Fee`
$3,552
Revenue
29 units
$2,842
18,000 sf
$2,704
68,000 sf
$6,002
$142,080
$82,418
$48,672
$408,136
Total
$681,306
' Estimate based on current projects likely to apply for building permits in FY 2008-2009, historical
averages, and market conditions
2 Maximum allowable under RTCIP Impact Fee Nexus Study - Final Report (November 26, 2007)
3 Fee per unit, ° Fee per 1,000 square feet
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATES 3/4/08 AGENDA ITEM NO. 12
/ IreM TITLE Consider Authorizing Letter of Support for CoxCom, Inc. d/b/a Co\
Communications San Diego Petition for Determination of Effective Competition
Leslie Deese (336-4242)
PREPARED BY Assistant City Manager DEPARTMENT
EXPLANATION
Please see attached.
City Manager's Office
Environmental Review
Financial Statement
No fiscal impact.
✓ N/A
Account No.
STAFF RECOMMENDATION
Authorize the Mayor to send a letter of support to the Federal Communications Commission.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Letter from Cox Communications dated January 28, 2008
Draft Letter of Support
A-200 (9/80)
Attachment
On or about January 28, 2008, CoxCom, Inc. d/b/a Cox Communications San
Diego filed with the Federal Communications Commission (FCC) for
determination of effective competition. The purpose of the filing is to level the
competitive playing field between Cox Communications and other video service
providers in communities where they face competition for multi -channel video
programming services.
As you may know, Cox competes with numerous video programming providers in
San Diego County, including DirecTV, EchoStar, and AT&T. Under federal law,
however, without this determination from the FCC, Cox would remain subject to
various federal regulations for video programming services that their competitors
are not required to follow. A determination of effective competition from the FCC
will help Cox better serve existing and prospective customers by allowing the
flexibility to offer additional discounts, adjust pricing packages based on current
market conditions in a particular community, and attract and retain more
customers.
Moreover, the FCC's approval of Cox's request will not materially affect the
relationship between Cox and the City of National City, and the approval will not
decrease our ability to enforce customer service standards, change the way
franchise fees are calculated, or limit local PEG channels and programming.
Requested Action:
Cox San Diego requests National City's support for a determination of effective
competition for local cable providers. This request has also been made to other
local franchise authorities throughout the County, local business, chambers, and
economic development councils. Attached are letters of support from the County
of San Diego and the cities of San Diego, Vista, Poway and Oceanside. The City
of Chula Vista, the San Diego Economic Development Commission (SCEDC)
and the San Ysidro Chamber of Commerce are sending letters next week.
7
Mayor Ron Morrison City of National City
f243 National City Riwi . National City. CA 919511 Phone: 619 336.4236 Fax: 61P 336-4327 Email. RMorrisnn4ri.national-city.ca.us
March 2, 2008
DRAFT
Ms. Marlene H. Dortch
Secretary, Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
RE: CoxCom, Inc. d/b/a Cox Communications San Diego: Petition for
Determination of Effective Competition
Dear Ms. Dortch,
The City of National City is submitting this letter in support of the above -
referenced Petition, which CoxCom, Inc. (Cox) filed with the Federal
Communications Commission (FCC) on or about January 28, 2008. National
City supports all efforts to increase competition, which will benefit consumers and
National City residents.
National City observes that DirecTV and Dish Network have been providing
multichannel video services in competition with Cox for some time. Individuals
and businesses, therefore, can choose from a variety of competing multichannel
video programming providers, including Cox, DirecTV, and EchoStar, among
others. In addition, AT&T is in the process of installing video -ready facilities in
the City's public rights -of -way pursuant to a State -issued franchise; the launch of
their video programming services is imminent.
The City of National City believes that a fully competitive multichannel video
marketplace exists in the City, and it hereby requests that the FCC expeditiously
grant Cox's Petition.
Should you have any questions, please do not hesitate to contact me.
Sin
on Morrison
Mayor
xc: City Council
Chris Zapata, City Manager
George Eiser, City Attorney
Sam Attisha, Vice President of External Affairs, Cox Communications
Background Information
January 28, 2008
Mr. Chris Zapata
City Manager
City of National City
1243 National City Blvd.
National City, Ca 91950-4301
5159 Federal Boulevard
San Diego, California 921115-5485
(519) 2113 9251
cow
COMMUNICATIONS
Re: CoxCom, Inc. d/b/a Cox Communications San Diego Petition for Determination of
Effective Competition
Dear Mr, Zapata:
I am pleased to forward the enclosed copy of our Effective Competition filing, which we
are submitting today to the Federal Communications Commission (FCC). As mentioned
in my letter of December 19, 2007, the purpose of the filing is to level the competitive
playing field between Cox Communications and other video service providers.
Why is Cox filing at this time?
The enclosed filing confirms the existence of a robustly competitive video marketplace
throughout San Diego County, where residents can choose, and in fact now purchase in
significant numbers, multichannel video programming services from a variety of satellite,
telephone, and cable television providers. Large national competitors, including AT&T,
DirecTV, and Dish Network are marketing their services aggressively with door-to-door
sales, local print, radio, and television advertising, among other things, but their ability to
compete is not constrained by many of the regulations that currently apply only to Cox.
Such regulations also do not apply to Cox's other local competitors: Orion Cablevision
and Chula Vista Cable.
For example, FCC regulations limit the service and equipment packages and associated
rates that Cox is permitted to offer, but those regulations do not apply to Cox's larger
competitors, such as AT&T and satellite providers. A comparison of our monthly
Limited Basic rate and our average FCC maximum permitted rate for Limited Basic,
however, demonstrates that govemment regulation of Cox's service and equipment
rates and packages is unnecessary. Our monthly price of $12.95 for Limited Basic is
well below Cox's average maximum permitted rate for Limited Basic of $33.74.
Therefore, although federal regulations allow Cox to charge more for the Limited Basic
service, competitive forces in the marketplace keep the price of our Limited Basic low.
How will the filing benefit consumers?
These regulations restrict Cox's ability to respond to its competitors' video offerings.
For example, federal rate price regulations applicable to Cox, but not to its large
national competitors, prevent us from offering our customers certain discounts and
service packages. Consumers will benefit from a determinationof effective competition
from the FCC because it would remove many of those restrictions. This will allow Cox
the same flexibility that its competitors now enjoy to create attractive service bundles for
current and prospective customers, and adjust package pricing based on current market
conditions.
The San Diego marketplace meets or exceeds FCC thresholds
FCC rules require that Cox demonstrate the existence of effective competition under
one of the four tests established in the federal Communications Act, but the
marketplace actually supports a determination of effective competition based on two of
the FCC tests; namely: 1) The number of customers served by competing providers,
such as DirecTV and Dish Network, meets or exceeds the 15% statutory threshold (the
"Competing Provider" test); and 2) AT&T is currently providing its video service
throughout the County under its state -issued franchise (the "LEC" test).
Will the filing change or modify Cox's relationship with the City?
This determination from the FCC will have no material impact on the relationship
between Cox Communications and the City of National City, or on Cox's performance
under our franchise agreement. The city's ability to enforce customer service or Right
of Way standards will not change. Cox will continue to carry public, educational and
govemmental (PEG) access channels and pay franchise fees as we currently do. Cox
also will continue to be involved in the communities we serve, as we always have, and
will continue providing our customers with the very best video programming, high speed
Internet, and telephone services available.
Cox requests your support
We are asking local franchise authorities throughout the County to support our Effective
Competition filing and we have attached a sample letter of support for your use.
We will be contacting your office shortly to answer any questions that you and your staff
might have. In the meantime, should you require any additional information, please feel
free to contact me at (619) 266-5356 or llama Ovalle at (619) 266-5370.
Since
m Attisha
Vice President of External Affairs
Attachments
cc: Leslie Deese
What Is Effective Competition?
cod[.
1992: most communities were served by a single multichannel video programming
provider (i.e., a cable television operator).
• Federal government enacted extensive regulations on cable operators where
"effective competition" was absent -- presumption was no effective competition.
Today: consumers everywhere choose among a wide variety of competitive
multichannel video providers. (ie: cble operators, satellite, ILEC)
Competitors — DirecTV, Dish Network, Orion Cablevision, Time Warner Cable,
Chula Vista Cable, AT&T, & others — are not obligated to comply with many FCC
regulations applicable to Cox under an outdated 1992 rule.
• Competitors can establish packages and rates for video services based on the
competitive market; However
• Current FCC regulations prevent Cox from responding competitively to market
forces.
An Effective Competition determination from the FCC may take 6-18 months.
Why Is Cox Filing Now?
eon.
Proof of a fully competitive video marketplace throughout San Diego
County from satellite, telephone, and cable television providers is
unquestionable.
• Large national competitors such as DirecTV, Dish Network, and AT&T
are aggressively marketing their competitive video services with local
print, radio, anti television advertising.
• Competitors' ability to market their video services is not constrained by
many of the FCC regulations that apply only to Cox.
• FCC regulations limit Cox's ability to adjust service and equipment
packages and associated rates in response to marketplace
developments and competition.
• Cox's filing seeks to eliminate this regulatory disparity and establish fair
competition among all providers.
SD Marketplace Meets/Exceeds FCC Thresholds
of Effective Competition
Effective Competition means that either:
1. Fewer than 30% of households in the franchise area subscribe to
the cable television operator's service;
2., The total number of households subscribing to other
providers exceeds 15% of households in the franchise area;
3. A municipally operated competitor offers video pro ramming to at
least 50% of households in the franchise area; or 'ten-)--
A local exchange carrier or affiliate offers comparable video
programming directly to subscribers by any means (other
than direct -to -home satellite) in the franchise area. r;�
TAT l StoktkA d.f
LY1Clu �)Q
SD Marketplace Meets/Exceeds FCC Thresholds
of Effective Competition
• Cox must demonstrate that effective competition
exists under one of the four tests.
• Cox San Diego meets ONE or BOTH of tests 2 & 4 in
each of its eighteen (18) greater San Diego franchise
areas:
2. The total number of households subscribing to other
providers exceeds 15% of households in the franchise
area;
4. A local exchange carrier or affiliate offers comparable
video programming directly to subscribers by any means
(other than direct -to -home satellite) in the franchise area.
Our Continued Relationships With Local cox
The FCC's determination of effective competition will not
materially affect the relationship between Cox and local
governments:
- It will not change the way franchise fees are calculated;
— It will not change Cox's carriage of local PEG channels and
programming;
— It will not reduce any local government's ability to enforce customer
service or ROW standards.
• Cox will continue to meet federal and local notice
requirements for programming and rate adjustments.
• Cox will continue to provide customers with the very
best video programming, high-speed Internet, and
telephone services.
Benefits To Consumers & Local
Governments
cox.
• Consumers, local governments, Cox, and the
community will benefit from an FCC determination
of effective competition
- Cox will be able to offer discounts, service packages, and create additional bundles
based on current market conditions.
— Cox will be able to offer certain discounted bundles of premium, basic, and expanded
cable television services and equipment.
— Cox will be able to offer certain equipment and service packages to help eliminate
any potential disruptions consumers may otherwise experience due to the transition
to digital television broadcasting. in February 2009 mandated by the federal
government.
— Cox pays franchise fees and carries PEG channels; DBS does not.
— ATT carries PEG channels on channel 99 and does not pay franchise fees on
Homezone.
Benefits To Consumers & Local
Governments
Effective Competition affords Cox relief from
uniform pricing.
• Buy Through
• Rate Regulation -
- No more rate forms for Cox complete or the City to review
— Cox can only respond to the marketplace 1 /yr.
— Currently all boxes, equipment, and installation are regulated
• Digital Transition
cod.
Cox Maintains Limited Basic Cable priced
well below the MPR 1ac�Sla4C�
• According to FCC rules, Cox's actual price for Limited Basic
Cable (LBC) cannot exceed the Maximum Permitted Rate
(MPR) as listed below.
• Cox has continually priced its LBC well below the MPR.
Maximum Permitted Rate (MPR) Monthly
Southbay: $17.12
South: $24.62
North County: $78.09
Average MPR $33.74
Cox Limited Basic $12.95
Difference From Avg. $20.79
Letters of Support
GREC COX
CHAIRMAN
San Diego County Boatd of Supervisors
February 20, 2008
Ms. Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, U.C. 20554
Mr. Sam Attisha
Vice President of External Affairs
Cox Communications
5159 Federal Blvd.
San Diego, CA 92105
RE: COXCOM, INC. D/R/A COX COMMUNICATIONS SAN DIEGO: PE I'fl'ION
FOR DETERMINA11ON OF EFFECTIVE COMPETITION
Dear Ms. Dortch and Mr. Attisha:
The County of San Diego, is submitting this letter in support of the above -referenced Petition, which
Cox(:om, Inc. (Cox) filed with the Federal Communications Commission on or about January 28, 2008.
The County observes that DirecTV and Dish Network have been providing multichannel video services
in competition with Cox for many years. In addition, AT&T began offering competitive multichannel
video programming service in the County of San I)iego on or about May 31, 2007. Individuals and.
businesses, therefore, now may choose from a wide variety of competing multichannel video
programming providers including Cox, AT&T, DirecTV and EchoStar, among others. The County
believes that a fully competitive multichannel marketplace exists in the County and it hereby requests
that. the FCC expeditiously grant Cox's Petition.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
GREG C
Chairman
County Administration Center • 1600 Pacific Highway, Room 335 • San Diego, CA 92101
(619) 531-5511 • Fax (619) 235 0644 wwwgregcnx r•.nni
Email: greg.coxg@sdcounty.cayov
S'IEVEN IASTOMIRSKY
DEPUTY CITY ATTORNEY
Ignacio De La Torre
Executive Director
AT&T External Affairs
101 W. Broadway, Suite 1440
San Diego, CA 92101
•
Dear Mr. De La Torre:
OFFICE OF
THE CITY ATTORNEY
CITY OF SAN DIEGO
MICIIAEL J. AGUIRRE
ant ATroRI4Pv
December 18, 2007
DEMAND TO CURE
CIVIL DIVISION
12001131RD AVENUE„ SUr1E I100
SAN DIEGO, CALIFORNIA 92101-4100
TELEPHONE (619) 533-5800
FAX (619) 533-5856
The City of San Diego ("City") is providing this notice under its powers granted through
the California Digital Infrastructure and Competition Act of 2006 ("DIVCA") and other
applicable laws regarding AT&T's carriage of public, educational, and government access
("PEG") television channels in our community. Following notice to the City, AT&T initiated
carriage of the City's government and educational access channels on its U Verse video service
in late November 2007. We have subsequently reviewed AT&T's carriage of these channels on
its video service product and found that these channels are not carried in parity with the carriage
of other commercial video channels as mandated under law.
Specifically, the City notes and demands correction of the following problems with
AT&T's carriage of our PEG access channels:
1) Inconsistent with DIVCA, the PEG channels are being carried numerically separate from
other channels carried on its basic service tier.
2) Individual PEG channels are being carried on a "combined" location and do not have
their own identifiable channel numbers.
3) The PEG channels arc not telecast on the same channel numbers as used by the City's
incumbent cable operators.
4) The PEG channels are telecast in a significantly lower quality and resolution than the
commercial channels carried on AT&T's lowest cost service tier.
5) Viewing the PEG channels requires additional menu navigation and a significant channel
call-up delay in the viewer's ability to receive these channels as compared to commercial
channels on AT&T's lowest cost service tier.
6) The PEG channels are provided without the full functionality that is found on the
commercial channels carried on AT&T's lowest cost service tier.
1
1
1
1
1
1
1
1
1
a
1
1
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1
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1
Ignacio De La Torre -2- December 18, 2007
In addition to the above, the manner in which AT&T telecasts the City's government and
educational access channels edits the City's original content by not providing viewable closed
captioning signal information that the City inserts into its programming at considerable cost to
both the City and other PEG channel programmers. AT&T's failure to telecast the City's full
channel signal and its actions to block the City's closed captioning information constitutes a
violation of federal law and the rules and regulations of the Federal Communications
Commission.
Finally, AT&T has not confirmed to the City that it is now carrying the City' PEG
channels as mandated through the City's original request for PEG carriage.
`The City of San Diego demands that these violations of state and federal law be cured to
the level mandated by law within 30 days of receipt of this notice. Failure to adequately resolve
these issues will result in additional enforcement action by the City through all powers available
under federal, state, and local law.
Please contact Steven Lastomirsky, Deputy City Attorney, at (619) 236-6220 for
additional information and to discuss AT&T's actions to resolve these violations.
Very truly yours,
MICHAEL J. AGUIRRE, City Attorney
By
Steven Lastomirsky
Deputy City Attorney
cc: Lisa Briggs, Office of the Mayor
John Jefferson, Municipal Affairs Director, AT&T
Michael Morris, Video Franchising, Public Utilities Commission
Barbara Kreisman, Video Division Chief, Federal Communications Commission
Chris Brawner, Senior Director, SD County Office of Education
Lynn. Burnstan, Director, UCSD Television
of Vista
February 19, 2008
Ms. Marlene H. Dortch
Secretary, Federal Communications Commission
445 12'' Street, S.W.
Washington, DC 20554
RE: CoxCom, Inc. d/b/a Cox Conmiunications San Diego: Petition for Determination
of Effective C,onrpetition
Dear Ms. Dortch,
The'City of Vista is submitting this letter concerning the above>reTcrenced Petition,
which Co<Com, Inc. (Cox) filed wills the Federal CommOnleasionsCommission .(FCC)
on or about January 28, 2008. The City of Vista SUPPORTS all efforts to increase
competition, which will benefit consumers and City of Vista residents.
Vista has observed that DirecTV and Dish network have been providing multichannel
video services in competition with Cox for some time. Therefore, individuals and
businesses are choosing from a variety of competing multichannel video programming
providers, including CUx, DirecTV, and EehoStar, among others. In addition, AT&T is
in the process of installing video -ready facilitiesfn the City's public Rights -of -Way
pursuant to a state -issued franchise; the launch of their video progranuning services is
imminent.
The City of Vista believes that a fully competitive multichannel video marketplace exists
in the City, and it hereby requests that the FCC expediliottsly grant Cox's Petition.
Sincerely
))
n1GL.--
Monis B. Vance
Mayor
CC: City Council
Rita 1.. Cicldert, City Manager
Darold Pieper, City Attorney
Sam Attisha, Vice President of External Affairs, Cox Communications
600 Eucalyptus Avenue • Vista. Calitorniq 92084 • (760) 72G• t340 • •,r w cityolvisla.corn
� I�
� h ror tit i lG/J oc &a ba l d 0 n
MiCKEY CAFAGNA, Mayor
BOB EMERY, Deputy Mayor
MERRICEE BOYACK, Councilmember
DON HIGGINSON. CouncUrn ntber
BETTY REXFORD, Counclimcmber
February 13, 2008
CITY OF POWAY
Marlene H. Dortch
Secretary
Federal Communications Commission
445 12'h Street, SW.
Washington, D.C. 20554
Sam Attisha
Vice President of E:kternat-Affairs
Cox Communications
5159 Federal Blvd.
San Diego, CA 92105
RE: CoxCom, Inc. d/b/a/ Cox Communications San Diego: Petition for Determination
of Effective Competition
Dear Ms. Dortch and Mr. Attisha:
The City of Poway is submitting this letter in support of the above -referenced Petition, which
CoxCom, Inc. (Cox) filed with the Federal Communications Commission on or about January
28, 2008.
The City obse.>•ves that DirecTV and Dish Network have been providing multichannel video
services in competition with Cox for many years'. individuals .and businesses, therefore, can
choose from a variety of competing multichannel video programming providers including Cox,
DirecTV and EchoStar. In addition, AT&T has inquired about installing video -ready facilities in
the City's public rights of way pursuant to a State-issuad'franchise, and the launch of their video
programming services is imminent. The City believes that a fully competitive multichannel video
marketplace exists in the City, and it hereby requests that the FCC expeditiously grant Cox's
Petition.
Should you have any questions; I can: be reached at (858) 668-4501.
Sincerely,
Rod Gould
City Manager
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Bois 789, Poway, California 920740789 • (858) 668.4400
CITY OF C]CEANSiDE
OFFICE OF CITY MANAGER
February 5, 2008
Ms. Marlene II. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
RE: CoxCom, Inc. d/b/a Cox Communications San Diego:. Petition for Determination of
Effective Competition
Dear Ms, Dorsch:
The City of Oceanside is submitting this letter concerning the above -referenced Petition, which
CoxCom, Inc. (Cox) filed with the Federal Communications Commission on or about January
28, 2008. The City supports all efforts to increAse competition which will, inevitably, benefit
consumers and City of Oceanside residents.
Oceanside has observed that DirecTV and Dish Network have been providing multichannel
video services in competition with Cox for some time. Individuals and businesses, therefore, can
choose from a variety of competing multichannel video programming providers including Cox,
DirecTV and EchoStar. In addition, AT&T has begun installing video -ready facilitsS in the
City's Public Rights of Way pursuant to a state -issued franchise and the launch of their video
programming services is imminent. The City believes that a fully competitive multichannel
video marketplace exists in the City and it hereby requests that the FCC expeditiously grant
Cox's Petition.
Sincerely,
Peter A. Weiss
City Manager
Cc: Michelle Skaggs Lawrence, Deputy City Manager
Leslie Gallagher, Deputy City Attorney
Mr. Sam Attisha, Vice President of External Affairs, Cox Communications
300 NORTH COAST HIGHWAY • OCEANSIDE, CA 92054-2885 • TELEPHONE (760) 435-3065 • FAX (760) 435-3078
City of National City
COUNCIL AGENDA STATEMENT
'EETING DATE: March 4, 2008 AGENDA ITEM NO. 13
ITEM TITLE: CHANGING THE SCHEDULED BUDGET WORKSHOP OF THE FISCAL YEAR 2008-2009 ANNUAL
BUDGET FROM MARCH 22, 2008 TO APRIL 5, 2008
PREPARED BY: Jeanette Ladrido`C>° DEPARTMENT Finance
Finance Director\\ (619) 336-4331
EXPLANATION:
On February 5, 2008, staff recommended and council approved holding the Fiscal Year 2008-2009
workshop on Saturday, March 22, 2008. Due to the Easter holiday (March 23, 2008), staff recom-
mends re -scheduling the workshop to Saturday, April 5, 2008.
Attached is a revised preliminary budget calendar for your input.
Environmental Review
Financial Statement
N/A
N/A
STAFF RECOMMENDATION
City Council Direction requested on the date and time of the workshop.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Revised Preliminary Budget Calendar —Fiscal Year 2008-2009
•
Mayor
Ron Morrison
Council members
Louie Natividad
Frank Parra
ldeles I:npai,
Rosalie Z.arae
PRELIMINARY BUDGET CALENDAR
FISCAL YEAR 2008-09
City Manager
Chi is Zapata
Assistant City Manager
Leslie Deese
CDC Executive Director
Brad Raulslon
TIC
�d
K PLACE
4�en
RESPONSIBILITY
': S l a
DESCRIPTION
Feb 25-
Feb 27
---
-
Large
Cont.
Room
All Departments
Department presentations to
CNIO on SW( YI' analysis
Apr 5
Sat
1'BD
TBD
Council/Staff
Council/Staff Workshop
Apr 7
Thurs
9:OOam
or
2:00pm
MIS . •
Learning
Center
All Department
Budget Users
Budget Kick-off meeting. Budget
workbooks/worksheets open for
data entry. 2 sessions — Staff tnay
attend either session.
Apr 17
Thurs
6:00pm
All Departments
Deadline for departments to have
budget entered in budget system
Apr 17-
1pr 23
---
--
Finance
Finance Review
' Apr 28-
29
---
--
CMO
( :it.y :Manager &
I)irectors
CM/ACM/CI)C/Finance
Director - departmental budget
review meetings
Apr 24
Thur
6:OOpm
Engineering
CIP Budget. due
Apr 30 -
May 5
- -
6:00ptn
-
Finance
Finance submits first draft of
Proposed Budget. to City
Mana_er's Office for review
_
May 6 —
May 14
-
---
CMO
City Manager
CM/ACM/CDC/Finance
Director — department budget
follow-up as required
May 27
Tues
---
--
Finance
Finance submits second draft of
Proposed Budget. to City
Mana er's Office for review
Jun 9
Tues
6:00pin
Council
Chambers
City Manager
City Manager submits Proposed
Bud et to City Council for review
Jun 17
Tues
6:00pm
Council
Chambers
Council/Staff
City Council rtilceting; review and
identify any adjustments
Jul 1
Tues
6:00pm
Council
Chambers
Council/Staff
Adoption of Budget
I243 National Cite Boulevard: National City, California 911950
MEETING DATE
City of National City, California
COUNCIL AGENDA STATEMENT
March 4. 2008 AGENDA ITEM NO.
14
ITEM TITLE TEMPORARY USE PERMIT — Easter Egg Hunt 2008 sponsored by Cornerstone Church o
San Diego at Las Palmas Park on March 22, 2008 from 11 a.m. to 3 p.m.
PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety
EXPLANATION
This is a request from the Cornerstone Church of San Diego to conduct an Easter Egg Hunt at Las Palmas
Park on March 22, 2008 from 11 a.m. to 3 p.m. Set up for the event will commence at 7:00 a.m. on the day
of the event. This event will include an Easter Egg hunt for the community, air jumpers, live music, games,
and information booths.
Cornerstone Church will set up approximately 8 information booths and will also have live music on their
own stage. The church will also provide hamburgers, hot dogs, soda and water to all participants.
The applicant is riot requesting the use of the City's stage and will provide security for the event.
Environmental Review X N/A
Financial Statement Approved By:
The City has incurred $345.00 for processing the TUP, phis $349.00 Finance Director
for the Fire Permit(s) and $100 for the Fire Inspection.
Total fees: $844.00
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application for a 'Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDF'D APPROVALS AND CONDITIONS OF APPROVAI,
SPONSORING ORGANIZATION: Cornerstone Church of San Diego
EVENT: Easter Egg Hunt at Las Patinas Park
DATE OF EVENT: March 22, 2008
TIME OF EVENT: 11 a.m. to 3 p.m.
APPROVALS:
PLANNING YES [ x ] NO [ ] - SEE CONDITIONS [ ]
COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ (
RISK MANAGER YES [ x ] NO [ ( SEE CONDITIONS [ x ]
ENGINEERING YES [ x J NO [ ] SEE CONDITIONS [ )
PUBLIC WORKS YES [ x ] NO ( ] SEE CONDITIONS [
FINANCE YES ( x ] NO [ J SEE CONDITIONS [ ]
FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ]
POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x J
CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ]
('ONDITIONS OF APPROVAI,:
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.
POLICE (619) 336-4400
Day shill patrol will be notified of the event and provide extra patrol when
available and as needed. No additional police resources are required.
FIRE (619) 336-4550
1. Access to Las Palmas Park to be maintained at all times, to both entrances and
emergency roadways.
2. Fire Department access into and through the booth areas are to be maintained
at all times. Fire apparatus access roads shall have an unobstructed width of
not less than 20 feet and an unobstructed vertical clearance of not less than 13
feet 6 inches.
3. Fire Hydrants shall not be blocked or obstructed.
4. Participants on foot are to move immediately to the sidewalk upon approach
of emergency vehicle(s).
5. Vehicles in roadway are to move inunediately to the right upon approach of
emergency vehicle(s).
6. Provide 2A:IOBC fire extinguisher at stage area. Extinguisher to be mounted
in a visible location between 3 1/2' to 5' from the floor to the top of the
extinguisher. Maximum travel distance from an extinguisher shall not he
more than 75' travel distance.
7. Intemal combustion power sources that may be used for inflatable rides shall
be of adequate capacity to permit uninterrupted operation during the normal
operating hours. Refueling shall be conducted only when the ride is not in
use.
8. Internal combustion power sources shall be isolated from contact with the
public by either physical guards, fencing or an enclosure. Internal combustion
power shall be at least 20 feet away from the ride.
9. Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "temporary wiring" only.
10. A fire safety inspection is to be conducted by the Fire Department prior to
operations of the carnival to include all rides, cooking areas, game booths, etc.
11. Required inspections taking place, after hours, holidays, and weekends will be
assessed a minimum of one hundred ($100.00) dollars.
12. If tents or canopies are used, 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, are 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 tents and
canopies. A permit from the Fire Department must be obtained. Permit tee is
three hundred and forty nine ($349.00) dollars. Fees can only be waived by
the City Council.
13. First aid will be provided by Cornerstone Church of San Diego personnel.
14. Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides and shall not he located within 10 feet of amusement
rides or devices.
15. All cooking booths or areas to have one 2A:IOBC. If grease or oil is used in
cooking a 40:BC or class "K" fire extinguisher will he required. All fire
extinguishers to have a current State Fire Marshal Tag attached.
16. Provide metal cans with lids and label "HOT COALS ONLY" for used
charcoal disposal.
17. Fees can only be waived by City Council.
z
RISK MANAGER (619) 336-4300
I've reviewed the application for the proposed use and note that the one day
event will be held entirely on City property at Las Palmas Park, with set up to
occur earlier in the day. The logistics of the event appear reasonable and do
not pose any unusual liability exposure, except for the "air jumpers", which I
assume will be provided by a separate vendor from the sponsoring
organization. We will need to ensure there is sufficient liability coverage to
respond to any injury claims and 1 recommend that we obtain a separate
certificate of insurance for Commercial General Liability coverage from the
air jumper provider, as well as an additional insured endorsement issued in
favor of the City (see below). We require minimum limits of one million
dollars ($1,000,000) per occurrence. Evidence of this insurance, as well as the
separate additional insured endorsement must be provided PRIOR to the
event.
The applicant sponsoring organization, Cornerstone Church of San Diego, has
signed the Hold llarmless and indemnification Agreement; however no
certificate of insurance has been attached to the application.
The contact person(s) 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 have any questions — Ashley Fenton, Risk Manager
PURLJC WORKS (619) 336-4580
Public Works Department staff has reviewed the application for subject
Temporary Use Permit (TUP) and recommends approval.
Street Division
No involvement.
Parks Division
1. The Parks Department has no involvement in supplying any support to this
event.
2. The irrigation will be turned off prior to this event.
3. We do not have electricity in this area.
4. Event organizer must clean up after event.
Facilities Division
No involvement.
Thank you for the opportunity to comment on this TUP. We would appreciate
receiving a copy of your approval / denial report prior to its submission to the
City Council. Please let me know if you need any other information.
4
RECEIVED
CO
O
NATIONAL CITY, CALIF.
Type of Event-
_ Public Concert
Parade
Motion Picture
Fair
Demonstration
Grand Opening
Festival
Circus
Other
✓Cornrnunity 1 vent
Block Party
Event 1 ille' i E 6 6 1-100 -i-
f vent Location: LAs ?Pow f w_
Event Date(s): From Ag2I CO to - 5I00 Total Anticipated Attendance: %jOO
Month/Day/Year ( Participants)
(()Spectators)
r'.:auat (..vent hours. 11 Rpm to 3 amlE9
Setup/assembly/construction Dale: 3Ir'I Ce2 Start time. 'law
Please describe the scope of your setup/assembly work (specific; details)
6Pac- 2- Tt r/ f`n
Dismantle Date: ?2Z1e43. Completion Time: _62prv12 am
List any street(s) requiring closure as a result of this a vent. Include street name(s), day and
time of closing and day and time of reopening.
1-,VA
Sponsoring Organization: C 1V•1 C RtF OF_Gt
Chief Officer of Organization (Name) CA112-15f7A0 cow tEr--
Applicant (Name): F%T({}N aid-j2 -
For Profit
V Nct-for-Profit
Address: 1fY-P OGIYC1C 6414 CA olgs-0
Daytime Phonc: (66) 4 - 33?I vening Phone 4709) �L32 )Jf1 Fax: ([41) 452- - 0.211
Contact Pei :UII on site` day of the event
_+tgn-/ iTvRMJfil,. fMei C Lirr
Pager/Cellular: S62`0051 / t 2M -0116
NOTE: THIS PERSON MUST f1F IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE 10 C11 Y OFI-ICIAI S
.�C
S
Is your organization a "Tax Exempt, nonprofit" organization?
Are admission, entry, vendor or participant fees required?
DYES NO
YES ti NO
It YES, please explain the purpose and provide amount(s): ___
$ S QU Estimated Gross Receipts including ticket, product and sponsorship sales from
�t , this event.
$ V 7 Estimated Expenses for this event.
What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
intgrrnation about the event .
e,GMMVNt1'1 iW- NvfJT
,tkI - �Jum PE►z-`�
MUSIc-
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&iAMtS
IN' ilz/ t&'T1 Dki f3)0-rff
Yt V NO If the event involve; :he sale of car;, will the cars c:urne exclusively born
Nahonat City car dealers? It NO, list any ac:drtional dealers involved in the
sale.
VYES ✓ NO Does the event involve the sale or use of alcoholic beverages?
V. YES NO Will items or services be sokl at the event? If yes, please describe: _
YES `� NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
/ direction of travel, and provide a written narrative to explain your route
_ YES v NO Does the event involve a fixed venue site? It 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 - ___ Sites __ IOW _
NOTE A separate Fire Department permit is required for tents or canopies
_ YES / NO Will the event involve the use o{ the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and sel-rip locations for the following items:
Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
Food Concession and/or Fond Preparation areas
Please describe how food will be served al the event: •1rb f t
arvt
If you intend to cook food in the event area please specify the method
_ GAS _ Et.t CTRIC VCHARCOAL OTHI.R (Specify):
Portable and/or Permanent 1 nitet Facilities
Number of portable toilets' _ _ (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
Tables and Chairs
.- Fencing, barriers and/or barricades 96
- Generator locations and/or source of electricity
:- Canopies or tent locations (include tent/canopy dimensions) 15 (iD lO)
Booths, exhibits, displays or enclosures
i Scaffolding, bleachers, platforms, stages, grandstands or related structures
✓ Vehicles and/or trailers
'. Other related event components not covered above
r 1 rash containers and dumpsters
(Note' You must properly dispose of waste and garbage thioughout the term of your
event and immediately upon conclusion of the: event the area must be returned to a clean
cor edition. )
Number of trash cans w t rash containers with lids
Describe your plan for clean up and removal of waste and garbage during and after the event
Please describe your procedures for both Crowd Control and Internal Security:
t-i!21%s wc
__ YES_ NO Have you hired any Professional Security organization to handle secwity
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address.
Security Director (Name). Phone:
YES l/NC) 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 yojr have Aaade forpsovidino First Aid Staffing and Equipment
J/1i ) jthfT
Please describe your Accessibility Plan for access at your event by individuals with disabilities.
Please provide a detailed description of your PARKING plan
e-MRx1 5t7i/k 7 i i,J& A--f —lV1A S
Please describe your plan for DISABLLD PARKING
A✓A1L1C3Le-
fr
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
ORNk"$-171✓lc �3rAYfk1
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 Qands. _1 E � )
type of Mr rsic: _ o-m N
`AYES __ NO Will sound amplification he used? If YES, please indicate.
Start lime: II:00
pm Finish Time J -Jv nml m
1 YES NC) Witt sound checks be conducted prior to the event? If YES, please indicate
Start lime: _ ID: 00 air pm Finish lime lj dT)._. m�pm
Please describe the sound equipment ttiat will be used tor your event:
yo gtd_�ifkii � �iien hones L�s� llryfta� -
YFS \I NO fireworks, rockets, or other pyrotechnics? If YLS, please describe:
YES _ _ NO Any signs, banners, decorations, special lighting? If YES, please desr:nbe:
n► ��s AO) opd )_ganl�ci
- .(! Free r
Revised 081 t0%05
7
For Office 'Use Only
Event:
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
RAthlepn I ree Director
C3uiidrny & Safety f)eftrtntenl
t
Ib
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 b(re e bvi4A-A. (t,n 13u Pov
Person in Charge of Activity ( f 1i15ilith 0,prrf'1►.Gtr U
Address 1114 . .WeelT✓4t( 1194 C1 CA- (Me
Telephone (pr1 g? - -g3.
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 tees 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.
`;irony e of Applicant eilic 7JAd e llAl III
fre_cIvr o_i ah ren.S �fn•rS jkVOS
Official litre Date
f or Office Use Only
Certificate of Insurance Approved Date ___
tt
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)
v 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 Cta&r751-0,JE C!tf tlP-e-4
RI- .541.1
DL
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 direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
12
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details_
✓ No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
V No (Please proceed to Question 7)
7_ Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
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ignature C7ft,01 0( Date
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City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
'. tEETING DATE March 04, 2008
AGENDA ITEM NO.
15
ITEM TITLE Warrant Register for the period of 02/01/08 through 02/14/08 in the amount
of $1,342,552.63
PREPARED BY Rizza Dela Cuadra DEPARTMENT CDC— Finance
Accountant Jeanette Ladrido
EXPLANATION (619) 336-4331
The Finance Department has implemented a policy to provide explanation of all warrants
above $50,000.00.
Vendor
AARB, LLC
CDC Payroll
Various owners
See attached report.
Check#
17766
various
various
Amount
$600,000.00
$77,388.52
Explanation
Developer's Deposit Refund —Park
Village
Payroll for PPE 01/15/08
$608,785.74 Section 8 Housing Assistance
Payments
Environmental Review ✓ N/A
Financial Statement
Approved by:
nette Ladrido, Finance Director
Account No. N/A
STAFF RECOMMENDATION
Ratification of warrants in the amount of $1,342,552.63
BOARD / COMMISSION RECOMMENDATION N/A
ATTACHMENTS ( Listed Below )
Resolution No.
i. Ratification of Expenditures for the period 02/01/08 THROUGH 02/14/08
A-200 (9/80)
Pee
AARB, LLC
IIOMESAFE ENVIRONMENT, INC.
AMERICAN LUNG ASSOC OF CA
HUSK PARTNERS
STATE. COMPENSATION INSURANCE
STATE COMPENSATION INSURANCE
THE FAIR HOUSING COUNCIL OF SAN
ULI SAN DIEGO/TUUANA
PAYROLL
Ucsc , Don
FOR MEETING OF MARCH 04, 2008
WARRANT RF.GISI'F:R
FOR PERIOD: 02/01 - 14/08
DEVELOPER DEPOSIT REFI IND - PARK VILLAGE
LEAD GENERAL REFRESHER COARSE, GABRIEL YBARRA
REIMBURSEMENT OF EXPENSES FOR SHY/OCT 2007
CONSULTING SERVICES 02/08
WORKERS' COMPENSATION INSURANCE PAYROLL REPORT
WORKERS' COMPENSATION INSURANCE - JAN 2008
DIEGO 41N Q7R EXY REIMR CI AIM
50% DEPOSIT FOR SERVICES FOR NC PUBLIC WORKS
S(IB'TOTAL - REDEVELOPMENT
PPE 01/29/08
SUBTOTAL - ADMINISTRATIVE REVOLVING FUND
Ckk No Animal
17766 600,000.00
17767 140.00
17768 18,090.31
17771 7,500.00
11778 3,511.78
17779 1,980.13
17781 7,758.00
17782 5,000.00
S 643,980.22
LI
qa'
HELEN SARMIENTO
CALIFORNIA BAKING CO.
HAMII.TON MEATS & PROVISIONS
JOSEPH WEBB FOODS
MCGUIRE DISTRIHI ITION
MISSION UNIFORM SERVICE.
PADRE JANITORIAL SUPPLIES, INC
PRO EDGE KNIFE
SIERRA SPRINGS
SYSCO SAN DIEGO
HOUSING ASSISTANCE PAYMENTS
CORPORATE EXPRESS INC
ENRIQI IE. IX)MINGUEZ
GMAC MORTGAGE
JULIA MCGRA'ITl
STATE COMPENSATION [NM IRANCE
NCNP FOOD/CONSUMAHI FS
NCNP FOOD/CONSUMABLESS
NCNP FOOD/CONSUMABLES
NCNP FOOD/CONSUMABLES
NCNP F(R )I)/CONSUMABLES
LINEN SUPPLIES
JANITORIAL SUPPLIES
SHARPENING SERVICE
WATER SVC - JAN 2008
NCNP F(X)D/CONSUMABLES
SUBTOTAL-NCNP
MANUAL PAYMENTS
SECTION 8 OFFICE SUPPLIES
REP).ACEMENT CHECK
S8 OFFICE SPACE RENTAL- FEB 2008
REPLACEMENT CHECK
WORKERS' COMP INS • JAN 2008
SUBTOTAL- SECTION 8
17765
17769
17770
17772
17773
17774
17775
17776
17777
17780
10433
10434
10435
10436
10437
63.70
147.20
1,14821
1,651.63
412.15
49.79
983.09
44.00
22.50
3,009.74
S 7,532.01
S
S 613,651.88
608,785.74
399.66
70.00
3,809.70
175.00
411.78
TOTAL OF ALI. FUNDS:
S 1,342552.63
MEETING DATE 03-04-08
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
AGENDA ITEM NO. 16
ITEM TITLE
Resolution of the Community Development Commission of the City of National City Authorizing a
One-time Performance and Retention Incentive Payment of Up to Five Percent to Eligible
Employees in the Community and Development Commission and Nutrition Center's Executive and
Management Groups in Lieu of Increa es in Base Salary, and Approving a Transfer of Funds Not to
Exceed $26,200 From the Undesignate• Fund Balance to Fund Said Payment.
PREPARED B
Stacey Stevens
DEPARTMENT
Human Resources
EXPLANATION
In recent years, in keeping with the City's goal of fiscal sustainability, the City Manager has frozen
the salaries of employees categorized as managers and executives. In lieu of increases to base
salary, individuals in these two categories were granted one-time retention incentive bonuses in
calendar years 2006 and 2007. In doing so, the City is able to stay competitive with the local market,
and thus minimize tum-over, without incurring the long term costs that come with increasing base
salary (Le. increased pension obligation). Last year, managers, as a group, were awarded five
percent (5%) of base salary; and executives, as a group, were awarded six percent (6%). This year,
both managers and executives meeting the eligibility requirements may receive up to five percent
(5%) at the discretion of the City Manager.
With this item, the Community Development Commission allocates the funds in an amount not to
exceed $26,200 for the award of said performance retention incentive bonuses.
Environmental Review N/A
Financial Statement Monies for this purpose are available in the CDC Fund—Undesignated Fund
Balance (360-2501). Funds for this purpose will be transferred from the Undesignated Fund Balance
Account No. 360-416-000-199
STAFF RECOMMENDATION Recommend approval of Resolution.
BOARD / COMMISSION RECOMMENDATION N/A
ATTACHMENTS Resolution No.
l
A-200 (9/80)
RESOLUTION NO. 2008 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING A ONE-TIME
PERFORMANCE AND RETENTION INCENTIVE PAYMENT
OF UP TO FIVE PERCENT TO EMPLOYEES IN
THE DEVELOPMENT AND DEVELOPMENT CORPORATION AND
NUTRITION CENTER EXECUTIVE AND MANAGEMENT GROUPS
IN LIEU OF INCREASES IN BASE SALARY, AND APPROVING
A TRANSFER OF FUNDS NOT TO EXCEED $26,200 FROM THE
UNDESIGNATED FUND BALANCE ACCOUNT TO THE PERSONNEL
COMPENSATION ACCOUNT TO FUND SAID PAYMENT
WHEREAS, in recent years, in keeping with the CDC's goal of fiscal
sustainability, the City Manager has frozen the salaries of employees categorized as
Development and Development Corporation and Nutrition Center executives and managers;
and
WHEREAS, in lieu of increases to base salary, individuals in these two
categories were granted one-time retention incentive bonuses in calendar years 2006 and 2007.
In this way, the CDC is able to stay competitive with the local employment market, and thus
minimize turn -over, without incurring the long term costs that come with increasing base salary
(e.g., increased pension obligation); and
WHEREAS, last year, managers, as a group, were awarded one-time
performance and retention incentive payments of five percent (5%) of base salary, and
executives, as a group, were awarded six percent (6%). This year, it has been proposed that
both managers and executives receive up to five percent (5%) at the discretion of the City
Manager.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City does hereby authorize a one-time performance and
retention incentive payment of up to five percent (5%) to employees of the Development and
Development Corporation and Nutrition Center Executive and Management Groups in lieu of
increases in base salary, at the discretion of the City Manager.
BE IT FURTHER RESOLVED that the Community Development Commission
hereby authorizes the following transfer of funds:
FROM: Account No. 360-2501
Undesignated Fund Balance
TO: Account No. 360-416-000-199
Personnel Compensation Account
TOTAL AMOUNT: Not to exceed $26,200
PURPOSE:
To fund a one-time performance and retention incentive
payment of up to five percent (5%) of base salary to
employees of the Executive and Management Groups, at
the discretion of the City Manager
-- Signature Page to Follow --
Resolution No. 2008 —
March 4, 2008
Page 2
PASSED and ADOPTED this 4th day of March 2008.
ATTEST:
Brad Raulston, Executive Director
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Ron Morrison, Chairman
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
IEETING DATE: March 4, 2008 AGENDA ITEM NO.
17
ITEM TITLE: Annual Financial Reports and Audit Review for the Fiscal Year Ended June 30, 2007
PREPARED BY: Jeanette Ladrido„CR, /7 DEPARTMENT Finance
Finance Director
EXPLANATION:
(619) 336-4331
Transmitted herewith is the Community Development Commission of the City of National City's Annual Finan-
cial Report for the fiscal year ended June 30, 2007 prepared by our auditors, Mayer Hoffman McCann, P.C.
The auditors have conducted their examination of the financial statements in accordance with generally ac-
cepted auditing standards and expressed a clean opinion of those statements.
Environmental Review
Financial Statement
N/A
N/A
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
Annual Financial Report for the Fiscal Year Ended June 30, 2007
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL, CITY
Financial Statements and
Supplementary Information
Year ended June 30, 2007
COMMUNITY DEVELOPMENT COMMISSION OF "l LIE CITY OF NATIONAL. CITY
Financial Statements and Supplementary Information
Year ended June 30, 2007
TABLE OF CONTENTS
Page
Independent Auditors' Report 1
Basic Financial Statements:
Government -Wide Financial Statements:
Statement of Net Assets
Statement of Activities 4
Fund Financial Statements:
Governmental Funds:
Balance Sheet 6
Reconciliation of Balance Sheet of Governmental Funds to the
Government -Wide Statement of Net Assets 9
Statement of Revenues, Expenditures and Changes in Fund Balances 10
Reconciliation of the Statement of Revenues, Fxpenditures, and Changes
in Fuld Balances of Governmental Funds to the Government -Wide
Statement of Activities 32
Enterprise Funds:
Statement of Net, Assets 13
Statement of Revenues, Expenses and Changes in Net Assets 14
Statement of Cash Flows 15
Notes to the Basic Financial Statements 16
Required Supplementary Information:
Notes to the Required Supplementary Information 45
Schedule of Revenues, Expenditures and Changes in fund Balance
Budget and Actual —,Special Revenue Funds:
Community Development Block Grant 46
Section 8 Housing Assistance 47
Ilon,c Loan Program 48
11OME Program 49
Nutrition Program 50
Low and Moderate income Housing Program s 1
1
COMMUNT'I Y DEVFI.OPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Financial Statements and Supplementary Information
Year ended June 30, 2007
TABLE OF CONTENTS, (CONTINUED)
Page
Supplementary Information:
Schedule of Revenues, Expenditures and Changes in Fund Balance --
Budget and Actual • Redevelopment Debt Service Fund 54
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual -- Redevelopment Capital Projects Fund 55
Report on Internal Control over Financial Reporting and on Compliance
and Other Matters Based on an Audit of Financial. Statements
Perforated iii Accordance with Government Auditing Standards ;7
Schedule of Findings and Recommendations 60
II
An Independent CPA firm
coer,34
2301 Dupont Drive, Suite 2(30
Irvine, California 92612
949-4 /4202(l ph
, 949-263 5520 fx
www.rnlim•pc.com
Board of Directors
Community Development Commission of the City of National City
National City, California
hIDFPENDENT AUDITORS' R.f:PORT
We have audited the accompanying financial statements of the governmental activities, the
business -type activities, and each major fund of the Community Development Commission of the
City of National City (the `Commission"), a component unit of the City of National City,
California as of and for the year ended June 30, 2007, which collectively comprise the
Commission's basic financial statements, as listed in the table of contents. These financial
statements are the responsibility of the management of the Community Development
Commission of the City of National City. Our responsibility is to express an opinion on these
component. unit financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States. Those standards
require that we plan and perform the audit to obtain reasonable assurance about whether the
component unit financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects,
the respective financial position of the governmental activities, the business -type activities, and
each major fiend financial of the Community Development Commission of the City of National
City at June 30, 2007, and the respective changes in financial position and cash flows of its
proprietary fund types for the year then ended in conformity with accounting principles generally
accepted in the United States of America.
The Commission has not presented management's discussion and analysis that the Government
Accounting Standards Board has determined is necessary to supplement, although not required to
he part of, the basic financial statements. The information identified in the accompanying table
of contents as required supplementary information is not a required part of the basic financial
statements but is supplementary information required by accounting principles generally
accepted in the United States of America. We have applied certain limited procedures, which
consisted principally of inquiries of management regarding the methods of measurement and
presentation of the supplementary information. However, we did not audit the information and
express no opinion on it.
1
Board of Directors
Community Development Commission of the City of National City
National City, California
Page 1'wo
In accordance with Government Auditing Standards, we have also issued a report dated February
14, 2008 on. our consideration of the Commission's internal control over financial reporting and
our tests of its compliance with certain provisions of laws, regulations, contracts, grant
agreements, and other matters. The purpose of that report is to describe the scope of our testing
of internal control over financial reporting and compliance and the results of that testing, and not
to provide an opinion on the internal control over financial reporting or on compliance. This
report is an integral part of an audit perlbrmed in accordance with Government Auditing
Standards and should hx: considered in assessing the results of our audit.
"/ 741- (7y' / -,i ,71-2 Me C 1bl:iY'7. A
Irvine, California
February 14, 2008
2
('OMMLNPfY DF.VF:LOPMENT COMMISSION OF THE CITY OF NATION.AI.CITY
Statement of Net Assets
June 10, 2007
Assets
Cash and investments (note 5)
Cash and investments with fiscal agent (note 5)
Receivables:
Accounts
Interest
Taxes
1,oans
First time h.omehuyers loans
Prepaid expense
Advance to the City of National City
Deposits
Land held for resale
Capital assets (note 6):
Nondepreciable capital assets
Depreciable capital assets, net of
accumulated depreciation
Total assets
Liabilities
Accounts payable and other liabilities
Accrued salaries and benefits
Accrued interest payable
Unearned revenue
Noncurrent liabilities (note 7):
Due within one year
Due in more than one year
Total liabilities
Net Assets
Invested in capital assets, net of related debt
Restricted liar low and moderate housing
Unrestricted net assets (deficit)
Total net assets (deficit)
Governmental Business -type
Activities Activities Total
$ 18,191,055 155,734 18,346,789
4,856,452 1,719,118 6,575,570
215,691 381 216,072
189,261 - 189,261
369,788 - 369,788
2,567,897 - 2,567,897
1,210,806 - 1,210,806
68,502 68,502
235,000 - 235,000
18.835 86,576 105,411
12,905,136 - 12,905,136
2,050,000 528,382 2,578,382
826.665 8,282,357 9,109,022
43,636,586 10,841,050 54,477,636
4,741,645 230,476 4,972,121
52,023 52,023
166,645 - 166,645
922,500 - 922,500
2,126,149 168,586 2,294,735
41,860,687 2,853,463 44,714,150
49,869,649 3,252,525 53,122,174
2,876,665 5,788,690 8,665,355
7,261,294 1,799,635 9,061,129
(16,371,02.2) - (16,371,022)
S (6,233,063) 7,588,525 1,355,462
See accompanying notes to basic tinancial statements.
3
COMMUNITY DEVELOPMENT COMMISSION t:)F11-IE CrrY OF NATIONAL, CITY
Statement of Activities
Year ended .lune i0, 21)07
Governmental activities:
Low and moderate !lousing
Community development
Interest on long-term debt
and related charges
total grveinmental activities
Business -type activities:
Low and moderate housing
Interest on long -teen debt
and related charges
Total business type activities
Total primary government
Program Revenues
Operating Capital Total
Charges for Contributions Contributions Program
Expenses Services and Grants and Grants kevenues
$ 392,585 - -
18,295,061 20,874 10,439,998 - t 0,460,72
2,092,690 - -
20,780,336 20,874
10,439,998
1,85Y.687 995,048 960,472
202,051
2,059.738 995,048 960,472
S 22,840,074 1015,922
General revenues:
Tax increment
Investment income
Other
10,460,872
1,955,520
1,955,520
11,400,470 - 12,416,392
"Total general revenues
Change in net assets
Net assets (deficit) at beginning of year
Net assets (deficit) at end of year
See accompanying notes to the basic financial statements.
4
Net (Expense) Revenue and Changes in Net Assets
Primary Government
Governmental Business -type
Activities Activities
(392,585)
(7,834,189)
(2,092,690) —
_ (10.319,464) —
Total
(392,585)
(1,814,189)
(2,09 2,690)
(10,319,464)
97,833 97.833
-- _. - (202,051) _ - (202,051)
__ (104.218) (101,218)
(10, 319,464) (104,21 S) _ (1 0,42.3.68J
13,543,245
869,016
835,945
12,847
13,543,245
941,863
835,945
15,248,206 _ 72,847 15,321,053
4,928,742 (31,.371) 4,897,371
(11,161,805) 7,619,896 _ (3,541,909)
S (6,23 3,063) 7,588.525 1.355.462
5
COMMI LAITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Balance Sheet - Guverrunental Funds
June 30, 2007
Assets
Cash and investments (note 5)
Cash with fiscal agent (note 5)
Receivables:
Accounts
Interest
Taxes
Loans
First time homebuyers loans
Due from other fiords (note 4)
Advance to the City of National ('ity
I )eposits
Land held for resale
Special Revenue Funds
Community Section 8 Horne
Development Housing Loan IIOMB
Block Grant Assistance Program Program_
S 1,394,745
3,386
2,944327 1,51>.Y73
426,970
77;.147
1,705,802
Total assets $ 1,394,745 3,386 :3.371,292 3,994,827
Liabilities and Fund Balances
1.rahilities:
Accounts payable S 1,002,673 179,977
Accrued payroll -
Due to other funds (note 4) - 16,042
Deferred revenue -
fotal liabilities
1,002,673 196,019
Fund Balances:
Reserved for:
f.oansreceivable - 426,970 -
First time homehuyer loans receivable - 773,147
Advance to the City of National City -
1 and held for resale - - 1,705,802
Debt service _
Unreserved:
Undesignated 392,072 (192,633) 2,944,322 1,515,878
Totalfund balances 392,072 192,633 3,371,292 _ 3994,827
Total liabilities and fiord balances $ 1,394,745 3,386 3,371,292 3,994,827
See accompanying notes to the basic financial statements.
6
Special Revenue Funds
Nutrition
1'rorant
129,975
129,975
25,082
1,498,870
1,523,952
(1,393,9771
(1,393,977)
129,975
Low and
Moderate Income
Housing Program
4,810,592
743
73,958
1,807,333
437,659
360,000
1)cbt
Service
Fund
Redevelopment
Fund
2,5"i5,167
2,792,885
2,970
295,830
7,490,285 5,626,852
228,991
228,991
1,807,333
437,659
360,000
4,656,302
7,261,294
7,490,285
5,626,852
Capital
Protects
Fund
Redevelopment
Fund
7 otals
Govenuncntal
Fuwxls
4,900,351 18,191,055
2,063,567
85.716
185,548
33,594
1,514.912
235,000
15,449
10,839, i i4
20,263,47
4,856,452
215,691
189,261
169,788
.2,567,897
1,210,806
1,514,912
235,000
18,835
12,905,136
47,2 74,833
3,304,922 4741,645
52,023 52,023
1,514,912
922.500 922,500
4,279,445 7,231,080
133.594 2,567,897
1,210,806
235,000 235,000
10.339,334 12,905,136
5,676,852
,t.576,098
5,626,852 15,984,026
20,263,471
5,626,852
7
12,498,067
35,043,753
42,274,833
(This page intentionally left blank)
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Reconciliation of the Balance Sheet of Governmental Funds
to the Government -Wide Statement of' Net Assets
June 30, 2007
Fund balances of governmental funds 35,0.13,753
Amounts reported for governmental activities in the statement of net assets
ate different because:
Capital assets, net of depreciation, have not been included as financial
resources in governmental fund activity.
Capital assets
Accumulated depreciation
Long term debt and compensated absences have not been included in the
governmental funds:
Fax allocation bonds payable
Compensated absences
Accrued interest payable for the a,uent portion of interest due on bonds
payable has not been reported in the governmental funds.
4,581,163
(1,704,498)
(43,885,000)
(101,836)
(166,645)
Net assets (deficit) of governmental activities $ (6,233,063)
Sec accompanying notes to the basic financial statements.
9
CO;MMONIT'Y DEVELOPMENT COMMISSION OF THE C1 fY OF NATIONAI. Cffl
Statement of Rn (hues. Expenditures and Changes in Fund Balances - Governmental Funds
For the year ended June 30, 2007
Special Revenue Funds
Community Section 8 f tome
Development Housing Loan HOME
Block Grant Assistance Program Program
Revenues:
Property taxes $ - -
Subventions and ,.rants 1,698,406 8,204,943 - 108.5>5
11ILP payments 103 - 16,052 4,719
interest income - -
Other income 353 30,035 560 -
Total revenues 1,698,862 8,234.978 16,612 1 13,274
F. xpcnditares:
Curreut:
Personnel services
Special services
Community development
Capital outlay
Debt Service:
Principal payments
Interest and fiscal charges
36,871
38,441
1,840,806
759,517
134,204
7,22.5,337
5,277
474
381
58,389
5,332
3,841
Total expenditures I.916,120 8,174,335 855 67,562
Excess (deficiency) of revenue;
over (under) expenditures (217,258) 60,643 15,757 45,712
Other financing sources (uses):
Transfers in (note 3) _
Transfers out (note 3) - -
Total other financing sources (uses)
Net change in fund balance (217,258) 60,643 15,757 45,712
Fund balance (deficit), bemnning
of year, as restated (note 14) 609,330 (253,276) -- 3,355,5 i5 3,949,1 15
Fund balance (deficit), end of year S 392,072 (192_6+ 3) 3,371.292 3.994.8211
See accompanying notes to the basic financial statements.
10
Deb!
Special Revenue Funds Service
Low and Fund
Nutrition Moderate Income Redevelopment
Pro_gram Housing Pru ram Fund
2,708,649 10,834,596
367,245
! 7,782
216,414 218,397
583,659 2,944,828
437,915
103,735
261,934
225,.$6
1 i1,.353
15,846
123,421
10,958,017
83,850
2.000,000
2,033,220
803,584 392,585 4,117,070
(219,925) 2,552,243 6,840,947
686,783
(686,783) (4,640,000)
(686,783) (3,953,217)
(219,925) 1,865,460 2,887,730
K1,174,05 2)
(1,393.977)
5,395,834 7,739,122
7,261,294 5,626,852
11
Capital
Prgiects
_ Fund
Kcdevelopment
Fund. _.._..
60,349
7?7,813
_370,186
1,1.18,848
1,437,223
1,909,283
3,971,515
2,11",
65,050
7,385,188
(6,226,340)
4,640.000
4,640,000
(,1.586,340)
17,570,366
15,984,026
Total
Governmental
Funds
13,543,245
10,439,998
20,874
869,016
835,945
25,709,078
2,95 5,7 75
2,476,200
13,319,660
,394
2,000,000
2,098,2 70
22,857,299
2,851,7 79
5,326,783
L5,326,783)
2,851,719
32,191,974
35,043,753
COMMUNITY" DEVELOPMENT COMMISSION OF TILE CITY OF NATIONAL CITY
Reconciliation ofthe Statement of Revenues, Expenditures, and Changes in Fund Balances
of Governmental Funds to the Government -Wide Statements of Activities
Year ended June 30, 2007
Changes in fund balances of governmental funds $ 2,851,779
Amounts reported for governmental activities in the statement of activities
differs from the amounts reported in the statement of activities because:
Governmental funds report capital outlays as expenditures. However, in the
statement of activities. the costs of those assets is allocated over their
estimated useful lives as depreciation expense.
Depreciation expense (81,667)
Repayment of bond principal is an expenditure in the governmental funds,
but the repayment reduces long-term liabilities in the statement of net assets. 2,000,000
The statement of activities includes accrued interest on long -tern debt This
is the net change in interest payable expense for the current period. 5,580
Compensated absences expenses reported in the statement of activities do
not require the use of current financial resources and therefore are not
reported as expenditures in governmental funds.
153,050
Change in net assets of governmental activities $ 4,928,742
See accompanying notes to the basic financial statements.
12
(:OMIvl11NI TY DFVELOPMENT COMMISSION OF Tttl; C1"IY OF NATIONAi'. CITY
Statement of Net Assets • Enterprise Funds
June 30, 2007
Kimball Morgan
Towers Tower;
Assets
Total
Current assets:
Cash and investments (notes 2 and 5) 5 14.7,907 7,827 155,734
Accounts receivable 3S1 381
Prepaid expense 32,749 35,753 68,502
Deposits 45,093 41,4R3 86,576
'Focal current assets 226,130 R5,063 311,193
Rcsti ictecj cash and investments with
fiscal agent (notes 2 and 5) 1,051 _300 _ 667,818 1,719,118
Noncurrent assets:
Capital assets (note 6):
Nondepreciable assets :N 5,814 212,568 528,382
Depreciable capital assets, net of accumulated
depreciation 5,037,947 3,244,410 8,282,35 i
Total capital assets 5,353,761 _ 3,456,978 8,810,739
Total assets 6631,191 4,209,859 10,841,050
Liabilities
Current liabilities:
Accounts payable and accrued liabilities
Notes payable -due within one year (note 7)
55.726
S8,175
168,586
143,901
168,586
Total current liabilities 55,726 ' 256,761 312,487
Noncurrent liabilities
Tenant security deposit liability
Note Payable -due in more than one year (note 7)
"Total noncurrent liabilities
Total liabilities
45,092
45,092
100,81 R
41,483 R6,575
2,853.463 2,853,463
2,894,946 2,940,038
3,151.707 3,252,525
Net ;lssets
Invested in capital assets, net of related debt 5,353,761 434,929 .5,788,690
Restricted for:
}lousing 1,176,612. 623,223 1,799,835
Total net assets S 6,530.373 1,058,152 7,588,525
See accompanying notes to the basic financial statements.
11
COMMUNITY DE.VF.I.OPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Statement of Revenues, Expenses and Changes in Net Assets - Enterprise Funds
Year ended June 30, 2007
Kimball Morgan
Towers 'Towers
Total
Operating, revenues:
Rental income: $ 501,087 478,656 979,713
Section 8 housing assistance payments 382,863 577,609 960,472
Other 7,448 7,857 15,305
Total operating revenues 891,398
Operating expenses:
Maintenance and operation
Depreciation
Vocal operating expenses
Operating income (loss)
Nonoperating revenues (expenses):
Interest income
Interest expense
1,064,122 1,955,520
792,370 654,1.19
I87,350 223,818
1.446.519
411.168
979,120 871,967 1,857,687
(88.322)
47.701
186,155 97,833
25.146
(202,051)
72,8417
"2 002,051)
Totai nonoperating revenues (expense) 47_701 (176,905) (129,204)
Cliange in nut assets (40,621) 9,250 (31,371)
Net assets at beginning of Year 6,570,994 1,048,902 7.619,896
Nut assets at end ut Year S 6,530,373 1.058,152 7,588,S25
See accompanying notes to the basic financial statements.
14
COMMUNITY DEVELOPNIIIN1 COMMISSION ()FTHI: CITY OF NATIONA I CIF,/
Statement of Cash flows - Nntorprise. kinds
lea!: imded lime 30, 2007
Cash flows from operating activdie.s:
Cash received from cusiomers and government agencies
Cash paiyments to employees for services
Cash payments to suppliers tor goods and services
Kimball Morgan
_ Towers T ers
Total
$ 896,597 1,056,493 1,953,090
(168.380) (168,380)
1791,449) (4.1),992) (1.234441)
Net cash provided by (used for) operating activities 105.1 /is .145,121 550,269
Cash flows from investing activities:
Purchase of property plant and equipment (60,315) (202,340) (262,655)
Net cash provided by (used for) investing tictivities
Cash flows from financing activities:
Principa1 payments on note. payable
Interest income
Interest expense
(60,315) (202,240) (262,655)
47.701
(158,005)
25,146
(202,051)
(158,005)
?2,847
(202,051)
Net cash provided by (used for) finaileiiig activities 4 ;, /01 (334,1910) (257,7(I)1
Increase (decrease) in cash and investments )2,534 (92,129) 465
Cash and investments (includir,g cash and investments with fiscal agent):
Beginning of year 1,106,673 767,774 1,574,447
End of yeai 1,199,207 675,645 1,874,852
Reconciliation of operating income (lo.3s) to net
cash provided by (used for) operating activities:
Operating income (loss) (88,322) ;86.155 97.511
Adjustments to reconcile operating income (loss) to net
cash provided by (tised for) operating activities:
Depreciation 187,350 223.818 41 i ,168
(Increase) decrease in accounts receivable '1,559 4,:59
(increase) decrease in prepaid expenses 641 511 1.154
(Increase) decrease ill deposits (521) (87S) (1,399)
Increase (decrease) in accounts payable and accrued liabilities 921 34,635 115.556
Increase (decrease) in tenant security deposit liability 520 878 1,395
Total adjustments 193,470
Net cash provided by (used for) operating tIctivities S 105,148
Noncash investing, capiml aril tinanetng activities.
There were no sit nonc.ash til \'eSi mg. capital or financing activities fni the veal ended June 30, 2007.
See aecoinpanying notes to basic financial statemerts.
15
2:58,966 452,436
445,121 550,269
COMMUNITY DL•VFL.OPMENT COMMISSION OF TT IF. CiTY OF N\TIONAL CITY
Notes to Basic Financial Statements
Year ended June 30, 2007
(.1) Summary of Significant Accounting Policies
The basic financial statements of the Community Development Commission of the City of
National ('ttv (the "Commission"), a component unit of the City of National City (the
"City"), have been prepared in conformity with generally accepted accounting principles
as applied to government units. 'file Governmental Accounting Standards Board (GASB)
is the accepted standard -setting body liar establishing governmental accounting and
financial reporting principles. The following is a summary of the significant accounting
policies of the Commission.
(a) Description of the Reporting F;ntity
The. Community Development Commission of the City of National City (the
"Commission") vas established in April 1967 pursuant to provisions of the
California Health and Safety Code. The Commission is subject to the oversight
responsibility of the City Council of the City of National City (the "City") and,
accordingly, is a component unit oldie City, although it is a separate legal entity.
"Ihe Commission's primary purpose is to eliminate blighted areas within the City
by encouraging development of residential, commercial, industrial, recreational
and public facilities and to assist neighborhood redevelopment through residential
properly improvement loans and housing assistance payments to low and moderate
income earners. The Commission accounts for its financial position and
operation; in accordance with generally accepted accounting principles in the
United States applicable to governmental units.
(b) Basis of Accounting and Measurement Focus
The basic financial statements of the Commission arc coinposed of the following:
• Government -wide financial statements
• Fund financial statements
• Notes to the basic financial statements
Government - hide Financial Statements
The Commission's government -wide financial statements include a Statement of
Net Assets and a Statement of Activities. These statements present summaries of
governmental activities for the Commission.
16
COMMUNITY DEVELOPMENT COMMISSION OF TIIE CiTY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(11_ Summary of Significant Accounting Policies, (Continued)
(b) Basis of Accounting and Measurement Focus, (Continued)
Government — Financial Statements, (Continued)
Government -wide financial statements are presented using the economic resources
measurement focus and the accrual basis of accounting. Accordingly, all of the
Commission's assets and liabilities, including capital assets, as well as
infrastructure assets, and long-term liabilities, are included in the accompanying
Statement of Net Assets. The Statement of Activities presents changes in net
assets. tinder the: accrual basis of accounting, revenues are recognized in the
period in which they arc earned, while expenses arc: recognized in the period in
which the liability is incurred.
Certain types of transactions are reported as program revenues for the ('ommission
in three categories:
Charges for services
Operating grants and contributions
➢ Capital grants and contributions
Interfund transfers have been eliminated as prescribed by GASI3 Statement No. 34
in regards to interfund activities.
Fund Financial Statements
The underlying accounting system of the Commission is organized and operated
on the basis of separate funds, each of which is considered to he a separate
accounting entity. The operations of each fund are accounted for with a separate
set of self-balancin!t accounts that comprise its assets, liabilities, fund equity,
revenues and expenditures or expenses, as appropriate. Governmental resources
are allocated to and accounted for in individual funds based upon the purposes for
which they are to be spent and the means by which spending activities are
controlled.
Fund financial statements for the Commission's governmental and proprietary
funds arc presented after the government -wide financial statements. An
accompanying schedule is presented for the governmental funds to reconcile and
explain the differences in fund balance as presented in these statements to the net
assets presented in the government -wide financial statements. The Commission
has presented all major funds that met the applicable criteria.
tt
COMMUNITY I)FVEi.OPMENT COMMISSION OF THE CITY OF NATIONAL. CITY
Notes to Basic Financial Statements
(Continued)
(1) Summary of Sitniticanl Accounting Policies, (Continued)
(b) Basis of Accounting and Measurement Focus. (Continued)
Governmental Funds
in the fund financial statements, governmental funds are presented using the
modified accrual basis of accounting. Their revenues are recognized xvhen they
become measurable and available as net current assets. Measurable means that the
amounts can be estimated, or otherwise determined. Available means that the
amounts were collected during the reporting period or soon enough thercallcr to be
available to finance the expenditures accrued for the reporting period. Ilre
Commission uses a sixty day availability period. The primary revenue sources,
which have been treated as susceptible to accnial by the Commission, are property
tax, special assessments, intergovernmental revenues and other taxes.
Expenditures arc recorded in the accounting period in which the related fund
liability is incurred.
Deferred revenues arise when potential revenues do not meet both the measurable
and available criteria for recognition in the current period. Deterred revenues also
arise when the government receives resources before it has a legal claim to them,
as when grant monies are received prior to incurring qualifying expenditures. in
subsequent periods, when both revenue recognition criteria are met or when the
government has a legal claim to the resources, the deferred revenue is removed
and revenue is recognized.
In the _fund financial statements, governmental funds are presented using the
current financial resources measurement focus. This means that only current
assets and current liabilities are generally included on their balance sheets. The
reported fund balance (net current assets) is considered to be a measure of
available spendable resources. (iovermnental fund operating statements present
increases (revenues and other financing sources) and decreases (expenditures and
other financing uses) in net current assets. Accordingly, they are said to present i
summary of sources and uses of available spendable resources during a period.
Amounts expended to acquire capital assets are recorded as e.zperulaures in the
year that resources were expended, rather than as fund assets. The proceeds of
lonc4-rerun debt are recorded as an other financing source rather than as a fund
liability. Amounts paid to reduce long -tern indebtedness are reported as fund
expenditures.
The Reconciliation of the Fund Financial Statements to the Govenunent-Wide
Financial Statements is provided to explain the differences created by the
integrated approach of the GASB Statement No. 34.
i8
COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
((:ontinued)
(t) Summary off Significant Accountinw. Policies, (Continued)
(b) Basis of Accounting and Measurement Focus. (Continue]
Proprietary Funds
The Cornrnission's enterprise funds are proprietary funds. In the fund financial
statements, proprietary funds are presented using the accrual basis of accounting.
Revenues are recognized when they are earned and expenses are recognized when
the related goods or services are delivered. In the Rind financial statements,
proprietary funds are presented using the economic resources measurement focus.
This means that all assets and all liabilities (whether current or noncurrent)
associated with their activity arc included on their balance sheets. Proprietary fund
t.ype operating statements present increases (revenues) and decreases (expenses) in
total net assets.
Operating revenues and expenses generally result limn providing services, and
producing and delivering goods in connection with a proprietary fund's principal
ongoing operations. The principal operating revenues of Kimball Towers and
Morgan Towers are charges to tenants for housing low and moderate income
seniors, which is subsidized with Federal government funds under a Section 8
contract with the U.S. Department of Housing and urban Development. Operating
expenses for the proprietary funds include the cost of services, administrative
expenses, and depreciation on capital assets. All revenue and expenses not
meeting this definition are reported as nonoperating revenues and expenses.
Amounts paid to acquire capital assets are capitalized as assets in the proprietary
fund financial staternents, rather than reported as an expenditure. Proceeds of
long -tern debt are recorded as a liability in the proprietary fund financial
statements, rather than as an other financing source. Amounts paid to reduce long-
term indebtedness of the proprietary funds are reported as a reduction of the
related liability, rather than as an expenditure.
Major Funds
The Commission reports the tollowing major governmental funds:
Cornntunity Development Block (irant -- '1b account for activities related to the
annual grant from the Department of Housing and Urban Development to assist in
developing viable urban community by providing decent housing and a suitable
living environment, and by expanding economic opportunities, piincipally for low
and moderate income persons.
19
COMMUNITY DEVELOPMENT COMMISSION OF TIIL CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(1 j_ _ Summary of Significant Accounting Policies, (Continued)
(h) Basis of Accounting, and Measurement Focus. (Continucd)
f'i1aLor Funds. (Continued)
Section b Housing Assistance To provide rental assistance to low income
families by subsidizing a portion of the rent directly to landlords on behalf of low
income households.
Home Loan Program • To provide home improvement loans to low and moderate
income families that meet certain conditions to qualify for the loan.
IIOME Program To account for activities related to the annual grant from the
Department of Ilousing and Urban Development to administer programs designed
to provide decent affordable housing, expand capacity of nonprofit housing
providers, and to leverage private sector participation.
Nutrition Program This program provides a friendly setting for low income and
minority seniors to have a nutritionally balanced meal. The Nutrition Council and
volunteers provide an effective framework to assist in the meal distribution,
solicitation of flmds and social services needs of clients.
Low and Moderate Income Housing Program • To account for the tax increment
which is required to be set aside under Section 33331.2 of the California Health
and Safety Code to increase, improve or preserve the community's supply of low
and moderate income housing.
Redevelopment Debt Service Fund • To account for the accumulation of resources
for the payment of principal, interest, and related costs of the Commission's long-
term debt.
Redevelopment Cadrital Projects Fund — To account for the administrative
expenditures of the Commission and redevelopment capital projects.
in addition, the Commission also reports the following major proprietary funds:
Kimball .Towers • To account for the activities relating to the operations of
Kimball Tower \which use is restricted to housing low and moderate income
seniors.
Morgan Towers -- To account for the activities relating, to the operations of
Morgan Tower which use is restricted to housing low and moderate income
seniors.
20
COMMUNiTY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CT( Y
Notes to Basic Financial Statements
(Continued)
(1) Summary of Significant AccountingPolicies,_{Continued}
(c)
Cash and investments
The Commission's investment policy authorizes deposits in any of the approved
investments contained in the California Government Code Sections 53600 et seq.
During the year ended June 30, 2007, the Commission complied with these
policies.
Investment income earned on unrestricted cash is allocated to the Commission's
various funds as required by grant/loan agreements or at the Board's discretion.
The Commission pools its available cash with the City for investment purposes.
The City considers pooled cash and investment amounts, with original maturities
of three months or Tess; to be cash equivalents. Cash and cash equivalents are
combined with investments and displayed as cash and investments.
In accordance with GASR Statement No. 31, Accounting and Financial Reporting
for Certain Investments and for External Investment Pools, highly liquid market
investments with maturities of one year or less at time of purchase are stated at
amortized cost. All other investments are stated at fair value. Market value is
used as fair value for those securities for which market quotations are readily
available.
The Commission participates in an investment pool managed by the State of
California titled Local Agency Investment Fund (LA IF) which has invested a
portion of the pool finds in Structured Notes and Asset -backed Securities. LAJF's
investments are subject to credit risk with the full faith and credit of the State of
California collateralizing these investments. In addition, these Structured Notes
and Asset -backed Securities arc subject to market risk as to change in interest
rates.
(d) Land Held for Resale
land held for resale is recorded at the lower of cost or estimated net realizable
value. Fund balances are reserved in amounts equal to the carrying value of land
and buildings held for resale, because such assets are not available to finance the
Commission's current operations
(e) Ilse of RestrictcdiNet Assets
When an expense is incurred for purposes for which both restricted net assets are
available, the Commission's policy is to apply restricted net assets first.
21
COMMUNITY l)FVLLOPMFN'f COMMISSION OF THE CfrY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(.) Summary of Significant Accounting Policies, (Continued)
(1)
(J)
(h)
lnterfund Transactions
Activity between funds that are representative of-lending/borrowing arrangements
outstanding at the end of the fiscal year are referred to as either "due toifrom other
funds" (i.e., the current portion of interfund loans) or "advances to/from other
funds" (i.e., the noncurrent portion of interfund loans).
Interest Payable
In the government -wide financial statements, interest payable of Iong••tenn dcht is
recognized as the liability is incurred for governmental fund types.
In the fund financial statements, governmental fund types do not recognize the
interest payable when the liability is incurred. Rather, interest expense is simply
recorded when it is due or paid.
Long -Term Liabilities
Government -Wide Financial Statements - Long-term debt and other long -terra
obligations are reported as liabilities in the primary government's governmental
activity.
Fund Financial Statements The fiend financial statements do not present long-
term debt but are shown in the Reconciliation of the Governmental Funds Balance
Sheet to the Government -Wide Statement of Net Assets.
(i) Net Assets
In the ttovernment-wide financial statements, net assets are classified in the
following categories:
Invested in Capital Assets, net f Related Debt • This amount consists of capital
assets net of accumulated depreciation and reduced by outstanding debt that
attributed to the acquisition, construction, or improvement of the assets.
Restricted .Net Assets This amount is restricted by external creditors, grantors,
contributors, laws or regulations of other ;governments.
Unrestricted Net Assets This amount is all net assets that do not erect the
definition of "invested in capital assets, net of related debt" or "restricted net
assets."
22
('OMMI JNITY DFVELOPMENT COMMISSION OF TILE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(1) Summary of Significant Accounting; Policies. (Cotoinued)
(J )
(k)
Fund Balances Reservations anti. Designations
In the fund financial statements, governmental funds report reservations of fund
balances tier amounts that are not available for appropriation or are legally
restricted by outside parties for use of a specific purpose. Designations of fund
balance represent tentative management plans that are subject to change.
Property Tax Increments
One of the Commission's primary sources of revenue is from properly tax
increments. The assessed valuation of all property within the Downtown
Redevelopment Project arca was determined on the date of adoption of the
Redevelopment Plan. Property taxes related to the incremental increase in
assessed values after the adoption of the Redevelopment Plan are allocated to the
Commission; all taxes on the "frozen" assessed valuation of the property are
allocated to the City and unrelated taxing agencies.
Use of Estimates
The preparation of the basic financial statements in conformity with generally
accepted accounting principles requires management to make estimates and
assumptions. These estimates and assumptions affect the reported amounts of
assets and liabilities and the disclosures of contingent assets and liabilities. In
addition, estimates affect the reported amount of expenses. Actual results could
differ froru these estimates arirl assumptions.
(2L Enterprise Fund Restricted Cash
In accordance with Department of Housing and Urban Development (HUD) requirements,
the Morgan Towers Enterprise Fund maintains the following restricted cash accounts:
Reserve for replacements of $468,165 represents a monthly deposit of S1,127,
less current use for replacement, plus income earned thereon. The balance of this
reserve will be used for the future replacement of property with HUD's approval.
Residual receipts reserve of S183,050 is an accumulation of surplus cash as
calculated by HIID's Computation of Surplus Cash, Distributions and Residual
Receipts, which can be expended only with I IUD's approval.
Reserve for MIP and insurance impounds of Si 2,722 and $3,881, respectively,
totaling S1(,603, which represents amounts held for the future payment of
property and mortgage insurance.
23
COMMUNITY DEVELOPMENT COMMISSION OF TIIE CiTY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(_Z) Fnte;rise Fund Restricted ('ash,lContinued)
Additionally, the Kimball Towers 'Enterprise Fund maintains the following HUD
restricted cash accounts:
Residual receipts reserve of S283,102 is an accumulation of surplus cash as
calculated by H(1)s Computation of Surplus Cash, Distributions and Residual
Receipts, which can be expended only with 11UD's approval.
Other restricted cash and investments totaling 5768,198 are included in the
accompanyini4 basic financial statements.
(3) Transfers In/Transfers Out
The folIowin,; schedule summarizes the Commission's transfer activity:
Transfers In
Redevelopment
Debt Service Fund
Redevelopment
Capital Projects Fund
Total
Transfers Out
Amount
Low and Moderate Income Housing Fund S 686.783 (a)
Redevelopment Debt Service Fund 4.640.000 (b)
55,326,77U
(a) The Low and vloderatc Income Housing, Fund transferred S686,783 to the
Redevelopment Debt Service Fund to fund a portion of the 1999 Tax Allocation
Bonds debt service payments that related to low and moderate deveioprnent.
(h) The Redevelopment Debt Service Fund transferred funds to the Redevelopment.
('apital Projects I-und to provide for future capital project expenditures.
24
COMMUNITY DEVT1 LOPMFNT COMMISSION OF TILE CITY OF NATIONA1, CITY
Notes to Basic Financial Statements
(Continued)
(4) Due From and To Other Funds
Interfund receivable and payable balances at June 30, 2007 are as follows:
Due from Other Funds Due to Other Funds Amount
Redevelopment
Capital Projects Fund Section 8 Housing Assistance Fund $ 16,042
Redevelopment
Capital Projects Fund Nutrition Fund 1,498,870
Total $ l ..514,912
Interfund receivables and payables were created in order to eliminate deficit cash
balances.
L-1 Cash and Investments
Cash and investrents as of June 30, 2007 are classified in the accompanying financial
statements as follows:
Statement of Net Assets:
('ash and investments
Cash and investments with fiscal agent
S 18,346,789
6.575,570
Total cash and investments $ 24,922, 59
Cash and investments as of June 30, 2007 consist of the Wowing:
Crash on hand $ 800
Deposits with financial institutions 2,964,165
Investments 21.957,394
Total cash and investments ' 2499222 S<J.
25
(5)
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
Cash and Investmentsj(;ontinued)
Invest_mcuisAuthorized by the California Government ('ode and the Commission's
Investrneuit Policy
The table below identifies the investment types that are authorized for the Commission by
the California Government Code and the Commission's investment policy. The table also
identifies certain provisions of the California Government ('ode (or the Commission's
investment policy, if more restrictive) that address interest rate risk and concentration of
credit risk. This table does not address investments of debt proceeds held by fiscal agent
that are governed by the provisions of debt agreements of the ('o nrnission, rather than the
4tene:ral provisions of the California Government Code or the Commission's investment
policy.
Authorized *Maximum *N1a\imum
Investment Types By Investment *Maxirriu n Percentage Invcstnuvt
Authorized by State Law PolicyMaturity Of Portfolio in One Issuer
Local Agency Bonds Yes 5 years None None
U.S. Treasury Obligations Yes 5 years None None
1 !.S. Agency Securities - Ycs 5 years None None
Banker's Acceptances Yes 180 days d0",% 30%
Commercial Paper Yes 270 days 25% 10%
Negotiable Certificates of Deposit Yes 5 years 30% None
Repurchase Agreements Yes 1 year None None
Reverse Repurchase Agreements No 92 days 20% of base value None,
Medium Term Notes Yes 5 years 30% None
Mutual Funds Yes N/A 15';1) 10% '
Money Market Mutual Funds Yes N/A 20% I 0%
Mortgage Pass -Through Securities Yes 5 years 20% None
County Pooled Investment Funds Yes N/A None None
Local Agency Investment Fund (LAIF) Ycs N/A None None
JPA Pools (other investment pools) Yes NIA None None
Based on state law requirements or investment policy requirements, whichever is more restrictive.
26
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
((lontinued)
L) Cash and Investments, (Continued)
investments Authorized by Debt Agreements
Investment of debt proceeds held by fiscal agent arc governed by provisions of the debt
agreements, rather than the general provisions of the California Government Code or the
Commission's investment policy. The table below identifies the investment types that arc
generally authorized for investments held by fiscal agent. The table also identifies certain
provisions of these debt agreements that address interest rate risk and concentration of
credit risk.
Authorized
Investment Type
Maximum Maximum
Maximum Percentage Investment
Maturity Allowed in One Issuer
U.S. Treasury Obligations None None None
U.S. Agency Securities None None None
Banker's Acceptances 360 days None None
Commercial Paper 270 days None None
Money Market Mutual Funds N/A None None
Investment Contracts 30 years None None
Certificates of Deposit None None None
Repurchase Agreements None None None
Mortgage Pass -Through Securities None None - None
State Bonds or Notes None None None
Municipal Bonds or Notes None None None
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the
fair value of an investment. Generally, the longer the maturity of an investment, the
greater the sensitivity of its fair value to changes in market interest rates. One of the ways
that the Commission manages its exposure to interest rate risk is by purchasing a
combination of shorter term and longer tenn investments and by timing cash flows from
maturities so that a portion of the portfolio is maturing or coming close to maturity evenly
over time as necessary to provide the cash Clow and liquidity needed for operations.
27
COMM t1NI I Y DEVELOPMENT COMMISSION OF THR CITY OF NATIONAL. CITY
Notes to Basic Financial Statements
((Tontinued)
l5) _ Cash and investments. (Continued)
Information about the sensitivity of the fair values of the Commission's investments
(including investments held by fiscal agent) to market interest rate fluctuations is
provided by the following table that shows the distribution of the Commission's
investments by maturity:
Investment "Type
U.S. Agency Securities
Negotiable ('et ti licates of Deposit
Local Agency Investment Fund (1.A1F)
Held by Fiscal Agent:
Commercial Paper
Money Market Funds
Total
vFotal
S 689,000
1,558,000
14,853,942
2,345,000
2.51.1,452
$.21 957 394
Disclosures Relating to Credit Risk
Remaining Maturi y (in Months)
12 Months
or Less
586,000
14,853,942
2,345,000
25_1 1.,452
20 296, 394
13to24 25to60
Months Months
300,000 389,000
877,000 95.000
1,177.000 484,000
Generally, credit risk is the risk that an issuer of an investment will not fulfill its
obligation to the holder of the investment. This is measured by the assignment of a rating
by a nationally recognized statistical rating organization. Presented below is the minimum
rating required by (where applicable) the California Government Code, the Commission's
investment policy, or debt agreements; and the actual rating as of year end for each
investment type.
Investment Type
U.S. Agency Securities
Negotiable Certificates of Deposit
Local Agency Investment Fund (LAIEE)
I lead by Fiscal Agent:
Commercial Paper
Money Market Funds
Total
Total
S 689,000
1,558,000
14,853,942
2,345,000
2,511 ,452
2H
Minimum
Legal
Rating
AAA
N/A
NiA
Rating, as of Year End
Not
A AAA Rated
689,000
A
A 511452
1,558,000
14,853,942
2,34 5,000
2,51 1,q2 689,000 18.756 9�2.
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL, CITY
Notes to Basic Financial Statements
(Continued)
(5) __ Cash and Investments, (Continued)
Concentration of Credit Risk
The investment policy of the Commission contains no limitations on the amount that can
be invested in any one issuer beyond that stipulated by the Cali{brnia Government Code.
Investments in any one issuer (other than U.S. Treasury securities, mutual funds, and
external investment pools) that represent 5°i0 or more of total Commission investments
are as follows:
Investment Reported
issuer Tye Amount
General Electric COrrirtriftcial Paper 2,345,000
Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository
financial institution, a government will not be able to recover its deposits or will not be
able to recover collateral securities that are in the possession of an outside party. The
custodial credit risk for investments is the risk that, in the event of the failure of the
counlerparty (e.g., broker -dealer) to a n-ansaction, a government will not he able to
recover the value of its investment or collateral securities that arc in the possession of -
another party. The California Government Code and the Commission's investment policy
do not contain legal or policy requirements that would limit the exposure to custodial
credit risk for deposits or investments, other than the following provision for deposits:
The California Government Code requires that a financial institution secure deposits
made by state or local governmental units by pledging securities in an undivided
collateral pool held by a depository' regulated under state law (unless so waived by the
governmental unit). The market value of the pledged securities in the collateral pool rnust
equal at least 110% of the total amount deposited by the public agencies. Calilbrnia law
also allows financial institutions to secure Commission deposits by pledging first trust
deed mortgage notes having a value of 150% of the secured public deposits.
As of June 30, 2007, Commission investments in the tollowing investment types were
held by the same broke --dealer (counterparty) that was used by the Commission to buy
the securities:
Investment type
U.S. Agency Securities
Negotiable Certificates of Deposit
Reported
Amount
$689,000
I ,555,000
For investments identified herein as held by fiscal agent, the fiscal agent selects the
investment under the terms of the applicable trust agreement, acquires the investment, and
holds the investment on behalf of the reporting government.
29
COMMUNITY DEVF.I.OPMENT COMMISSION OF THE CITY OF NATIONAL. CITY
Note to Basic Financial Statements
(Continual)
(5) Cash and Investments,(continued)
Investment in State Investment Pool
The Commission is a voluntary participant in the Local Agency Investment Fund (LAIF)
that is regulated by the California Government Code under the oversight of the Treasurer
of the State of California. The fair value of the Commission's investment in this pool is
reported iu the accompanying financial statements at amounts based upon the
Commission's pro-rata "share of the (air value provided by LAIF for the entire LAIF
portfolio (in relation to the amortized cost of that portfolio). The balance avatiahlc for
withdrawal is based on the accounting records maintained by LAIF, which arc recorded
on an amortized cost basis.
(6) Capital Assets
The following is a summary of capital assets for the year ended June 30, 2007:
Government Activities:
Capital assets:
Buildings and improvements
Machine' v and equipment
'Total cost of depreciable
capital assets
Less accumulated depreciation:
Buildings and improvements
Machinery and equipment
Total accumulated
depreciation
Depreciable capital assets, net
Capital assets not depreciated:
Land
Capital assets. net
Balance at
July 1, 2006
S 2,450,000
_81,163
2,531, 163
(1,541,668)
_(11,163.)
Balance at
Additions f)ciclions June 30. 2007
(81,667)
_0 622 831) (81,667)
908,332 (81,667)
2.f)_0 000
(1s1,667)
2,=150,000
81,163
2.531,163
(1,623,335)
j11.163)
826,665
2 059;000
2.157�,G6�
Depreciation expense in governrnental activities for capital assets for the year ended
June 30, 2007 was S81,667 which was allocated to community development.
30
COMMUNITY DEVELOPMENT COMMISSION OF'1 HE CITY OF NATIONAL, CITY
Notes to Basic Financial Statements
(Coritinucd)
(6) Capital Assets.jContinued)
Balance at Balance at
July 1, 2006 Additions :Deletions .Tune 30,2007
Business -Ty -pc Activities:
Depreciable assets:
Buildings and improvements S 15,501,663 130;221 - 15,631,884
Furniture and equipment _.._mil I5 132 434 402,549
Total cost of depreciable
assets 15,771.778 262.655 - 16,034 433
Less accumulated depreciation:
Buildings and improvements (7 292,582_) (40 7.040) - (7,699,622)
Furniture and equipment __(8.326) _(.S) . - - (52,454)
Total accumulated
depreciation (7.340908) (111,16S) - (7752.07(2)
Depreciable capital assets. net 8,430,8 70 (148,513) 8,782.357
Capital assets not depieciated:
I.and 528.382 - 528.382
Capital assets, net .(f ` 8.51 ?) _-_.:— $,84,7.a9
Depreciation expense in business -type activities for capital assets for the year• ended
June 30, 2007 was $411,165, which was allocated to low and moderate housing.
31
(7)
COMMUNITY DF.V FLOPMENT COMMISSION OF THE CITY OF NATIONAI. Cll'Y
Notes to Basic Financial Statements
(Continued)
Lone -Torn Liabilities
The following is a summary of changes in long-term liabilities for the year ended June 30,
2007:
Amounts Amount
Ralance Balance Due Wtthm I)uc Beyond
`oh 1I, 200 5 tVilions Deletions June 30,2007 One Year Our Year
Governmental A.clivdies:
1')99 1 e.t Allocation Bonds 5 4,54(1,000 - (105,000) 4,435,600 110,000 4,325,000
2004 Ser:el, Tat Allocation Bonds 5,640,000 (245,000) 5,395,000 250,000 5,145,000
201)5 Seas: A T., Allo, a;i,-m llunds 25,863.000 - (1,650,000) 2:1 215.0 0 1,705,000 2 2,510,000
201,5Senc,B Ia...\Ilo,anon Rands ... 9.840000 9810,0(81 - 9.840000
Yotnl bonds p;rral.;:c 45.885,000 (2,000000) 43,885,000 2,0,5,000 41,820,000
Compensated absc!icet. _254.886 ---- - (153 050) 101,8;6 61 149 40 687
total uu.rnnnen'4::, lne, 46,139,886 (2,153050) 4.1986,836 2,126,149 41,860,687
Business-1 vpe \rhviticc
Notesl'ayabie 3,180,054 - _058,005) 3.022p49 - 168,586 2,S51163
Total bu:,inc.,. type acnvit .3.180.054 _ 1 l58 005) 3,022,049 16S,586 _22 853 463
Total $49,319.940 1 }11�95 7..0M1,„&82 2,294,735 44, 14,150
.1999 Tax Allocation Rands
In June 1999, the Commission issued $5,050,000 in Tax Allocation Bonds for the Q
Avenue Redevelopment project. The bonds consist of $1,085,000 in serial bonds which
mature lion) 2000 to 2010 in amounts ranging from S45,000 to $125,000, and S1,425,000
in term bonds which mature in 2019, and S2,540,000 in term bonds which mature in 2029.
Interest is payable semi-annually on February 1 and August 1, at interest rates ranging
from .l. 30% to 1.50%
32
COMMUNITY DFVFI.OPMENI' COMMISSION OF'l'HL CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(71_ L,onrt-Tcrrn Liabilities, (Continued)
1'he annual debt service requirements for the 1999 Tax Allocation Bonds outstanding at
June 30, 2007 are as follows:
Fiscal Year Principal Interest Total
2008 $ 110,000 2.19,586 329,386
2009 115,000 214,802 329,802
2010 120,000 209,690 329,690
201E 125,000 204,237 329,237
2012 130,000 198,175 328,175
2013 135,000 191,550 326,550
2014 145,000 184,550 329,550
2015 150,000 177,176 327,176
2016 155,000 169,550 324,550
2017 165,000 161,5,19 326,549
2018 175,000 153,050 328,050
2019 180,000 144,175 324,175
2020 190,000 134,925 324,925
2021 200,000 125,050 325,050
2022 210,000 114,543 324,543
2023 220,000 103,525 323,525
2024 235,000 91,866 326,866
2025 245,000 79,566 324,566
2026 260,000 66,625 326,625
2027 270,000 53,044 323,044
2028 285,000 38,822 323,822
2029 300,000 23,831 323,831
2030 315,000 8,072 323,072
Total $4/.135,000 3,067,259 7,502,959
COMMUNITY" DEVEI.OPM Nf COMMISSION OF TIIE CITY OF NATIONAL. CITY
Notes to Basic Financial Statements
(Continued)
(71 Lonr;-Tenn Liabilities. (Continued)
2004 7az Allocation Bond
In June 2004, the Commission issued $5,860,000 in "fax Allocation Bonds to finance a
portion of the cost to construct a fire station, library, and community art center. The
bonds consist of $3,045,000 in serial bonds which mature from 2005-2015 in amounts
ranging from $220,000 to S330,000, and $1,085,000 in term bonds which matures in
fiscal year 2029. Interest is paid semi-annually on February 1 and August 1, at interest
rates ranging from 1.50% to 5..50%.
The annual debt service requirements for the 2001 Tax Allocation Bonds outstanding at
June 30, 2007 are as follows:
Fiscal Year Principal Interest Total
2008 $ 250,000 238,300 488,300
2009 260,000 231,348 49 L3-18
2010 265,000 223,534 488,534
2011 275,000 214,685 489,685
2012 285.000 204,880 489,880
2013 295,000 194,145 489,145
2014 305,000 182,440 487,440
2015 2,045,000 122,307 2,167,30/
2016 330,000 61,263 391,263
2017 - 54,250 54,250
2018 - 54,250 54,250
2019 54,250 54,250
2020 54,250 54,250
2021 54,250 54,250
2022 - 54,250 54,>50
2023 - 54,250 54,250
2024 - 54,250 54.250
2025 - 54,250 54,250
2026 54,250 54,250
2027 345,000 45,625 390,62S
2028 360,000 28,000 388,000
2029 380,000 9 500 3.89,500
Total $5 395 0Q0298 527 7,693,527
34
COMMUNITY DEVEI,OPMFN f COMMISSION OF THE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(7)..._ Long -Tenn Liabilities. (Continued.)
2005 Series A lax Allocation Bonds
In January 2005, the Commission issued ;27,940,000 in Tax Allocation Bonds, Series A
for the purpose of refunding the Commission's 2001 Series A Tax Allocation Bonds.
Interest on the bonds is payable semiannually ion August 1 and February I, commencing
August 1, 2005, at rates ranging from 2.0 % to 4.85% per annum.
The annual debt service requirements for the 2005 Series A 'fax Allocation Bonds
outstanding at June 30, 2007 are as follows:
Fiscal Year Principal Interest Total
2008 S 1,705.000 1,091,543 2,796,543
2009 1,765,000 1,027,605 2,792,61)5
2010 1,840,000 957,005 2,797,005
2011 2,125,000 879,.725 3,004,77.5
2012 3,060,000 788,350 3,848,350
2013 1,700,000 650,650 3,850,650
2014 3,345,000 503,450 3,848,450
2015 3,505,000 346,235 3,851,235
2016 3,670.000 177.995 3,847,995
Total $24 215 000 6,422,558 311,6375/5
2005 Series B Tax Allocution Bonds
In January 2005, the Commission issued .S9,840,000 in Fax Allocation Bonds, Series B
for the purpose of refunding the Commission's 2001 Series B Tax Allocation Bonds.
Interest on the bonds is payable semiannually on August 1 and February 1, commencing
August 1, 2005, at rates ranging from 3.8% to 5.2.5"., per annum.
CO\iMl1N1'I Y DEVEI..OPMENT COMMISSION OF THE CITY OF NATIONAL. CITY
Notes to Basic Financial Statements
(Continued)
(71. .l .ona-1 erm Liabilities. (Continued)
1 he annual debt service requirements for the 2005 Series 13 Tax Allocation Bonds
onIstanding at June 30, 2007 are as follows:
Fiscal.Ve_er Principal Interest dotal
2008 S - 444,693 444,693
2009 - 444,693 444,693
9010 - 444,693 444,693
7011 444,693 444,693
2012 - 444,693 444,693
2013 444,693 4,34,693
2014 - 444,693 444,693
2015 - 444,693 444,693
7016 - 444,693 444,693
2017 760,000 444,693 1,21)4,693
2018 790,000 415,813 1,205,813
2019 825,000 385,003 1,210,003
2020 855,000 352,003 1,207003
2021 890,000 317,803 1,207,803
2022 570,000 277,753 347,753
2023 595,000 253,528 848,.528
2024 780,000 227,943 1,007,943
2025 815,000 194,013 1,009,013
2026 855,000 153,263 1,008,263
2027 555,000 110,513 665,513
2028 435,000 81,375 516,375
2029 250,000 58,538 308,538
20 30 200,000 45,413 245,413
2031 210,000 34,913 244,913
2032 220,000 23,888 243,888
?0 33 235,000 12,338 247,338
1 otai S9 840,Q22Q 2439_ 1 3 0 17,231 130
36
(7)
COMMUNITY DEVELOPMENT COMMISSION OF THE C1TY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
Long -Term Liabilitiesffontinuedj
Note Payable
The mortgage payable is secured by a deed of trust, bears interest at 6.5°%o and is payable
to GMAC in the amount of S3,718,928. The note is being repaid in monthly installments
of S30,005, including interest, through August 2019. The note is insured by HUD and is
secured by substantially all property and equipment of the Morgan Towers Enterprise
Fund.
The annual principal payments of the note payable outstanding at June 30, 2007 are as
follows:
Fiscal Year Principal Interest Total
2008 S 168,586 191,414 360,060
2009 179,878 180,182 360,060
2010 191,923 168,137 360,060
2011 204,777 155,283 360,060
2012 218,492 141,568 360,060
2013 233,124 126,936 360,060
2014 248,736 111,324 360,060
2015 265,395 94,665 360,060
2016 283,170 76,890 360,060
2017 302,136 57,924 360,060
2018 322,368 37,692 360,060
2019 343,957 16,103 360,060
2020 _ 59 507, 503 60,010
Total S3.022 049 1,358 6isSi 4 ;380.,7300
37
(7)
COMMUNITY DFV E I.OPMf NI COMMISSION OF THE CITY OF NA f1ONAL, CITY
Notes to Basic Financial Statements
(Continued)
L.on Tenn liabilities. (Continue)
Defeasance of Debt
As of June, 30. 2007, the outstanding balance of defeased issues are as follows.
2001 Series A Tax Allocation Bonds
2001 Series B Tax Allocation Bonds
1998 "fax Allocation Bonds
(8) Commitments and Contingencies
"26.4 IU.000
9.5 30,000
16.735.000
Grant funds received by the Commission are subject to review by the grantor agencies.
Such audits could lead to requests for reimbursements to the grantor agencies for
expenditures disallowed under terms of the grant. The management of the Commission
believes that such disallowances, if any, will not be significant.
(21.. .._t:at ona! (:itv Joint Powers Financing Authority
The National Joint Powers Financing Authority ("JPFA") was created pursuant to a joint
exercise of powers agreement entered into by and between the Commission and the City
of National City on April 16, 1991. The purpose of such agreement was to provide for the
financing and construction of the new police facility and Community Center. Fhe. JPFA
is administered by a commission consisting of the members of the City Council and all
voting power of JPFA resides in the Commission.
38
COMMUNITY DEVELOPMENT COMMISSION OF THF. CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(10.) Deferred Compensation
The Commission offers its employees a deferred compensation plan created in accordance
with Internal Revenue Code Section 457. The plan, available to all full-time employees,
permits them to defer a portion of their salary until future years. The deferred
compensation is not available to employees until termination, retirement, death, or
unforeseeable emergency. The maximum salary deferral is $15,500 per year.
All amounts of compensation deferred under the plan, all property and rights purchased
with those amounts, and all income attributable to those amounts, are held in trust for the
exclusive benefit of plan participants anchor beneficiaries. Participants' rights under the
plan are equal to the fair market value of the deferred account for each participant. Since
the plan is managed and assets are held in trust by an administrator other than the
Commission, the assets are no longer included in the Commission's financial statements.
The assets held by the plan administrator had a market value of $632,271 at June 30,
2007.
(11) Employee Retirement. System
Plan I)escription
The Commission contributes to the California Public Employees Retirement System
(PERS), a cost -sharing multiple -employer public employee defined benefit pension plan.
PERS provides retirement and disability benefits, annual cost -of -living adjustments, and
death benefits to plan members and beneficiaries. PERS acts as a common investment
and administrative agent for participating public entities within the State of California.
Benefit provisions and all other requirements are established by state statute and the
Commission's Resolution. Copies of PERS' annual financial report may be obtained from
their executive office: 400 P Street, Sacramento, Califixnia 95814.
Contributions
Participants are required to contnhute 8% of their annual covered salary. The
Commission makes the contributions required of the Commission's employees on their
behalf and for their account. Benefit provisions and all other requirements are established
by state statute and Contlnlsslon contract with employer bargaining groups.
39
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(I I) Employee Retirement System. (Continued)
tinder GASB 27, an employer reports an animal pension cost (A PC) equal to the annual
required contribution (ARC) plus an adjustment for the cumulative difference between
the .4PC and the employer's actual plan contributions for the year. The cumulative
difference is called the net pension obligation (NPO). The ARC Ica- the period July 1,
2006 to June 30, 2007 has been determined by an actuarial valuation of the plan as of
June 30, 2004. "I he contribution rate indicated for the period is 18.297% of payroll. The
Commission's covered payroll for PERS was $1,152,470 for the year ended June 30,
2007, while the Commission's total payroll for all employees was $1,177,407 during the
same period. In order to calculate the dollar value of the ARC for inclusion in financial
statements prepared as of June 30, 2007, this contribution rate would be multiplied by the
payroll of covered employees that was actually paid during the period July 1, 2006 to
June 30, 2007.
Thra rr- fear ['rend Information
Fiscal Annual Pension Cost
Year (Eniployer Contribution)
ti/ 30/O5 241,262
6i 30/ 06 337,857
6/30/07 303,606
(1 2) Accumulated Fund Deficits
Percentage of
APC Contributed
100%
100%
100%
Net Pension
Obligation
-0-
-0-
-0-
The following funds reported deficits in find balances as ofJune 30, 2007:
Special Revenue Funds:
Section 8 Housing Assistance
Nutrition Program
$ (192,633)
(1,393,977)
Management intends on restoring accumulated fund deficits when future grant revenue
becomes available.
10
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
Notes to Basic Financial Statements
(Continued)
(13) Expenditures in Excess of Appropriations
Expenditures for the year ended June 30, 2007 exceeded the appropriations of the
following funds:
Budget
Special Revenue Funds:
Community Dev. Block Grant S 1,677,171
Home Loan Program
Redevelopment Debt Service Fund
(14) Restatement of Repinning Fund Ialances
Actual
1,916,120
855
4,117,070
Variance
(238,949)
(855)
(4,1 17,070)
The accompanying financial statements reflect adjustments that resulted in the
restatement of beginning timd balances of the Section 8 llousing Assistance Fund and the
Redevelopment Capital Projects Fund to reverse erroneous transfers made in previous
years. The following summarizes the effect of the prior period adjustments to the
beginning fund balances as of July I, 2006:
Fund balance (deficit) beginning of
year, as previously reported
I'o adjust reimbursements made in
previous years
Fund balance (deficit) — beginning of
year, as restated
41
Section 8
Housing
Assistance
S(1,418,747)
1.165.471
$ _(253,'276
Redevelopment
Capital
Projects Fund
18,735,8 37
L.165.471)
(This page intentionally left blank)
REQUIRFD SUPPI.FMENTARY NFORMATION
43
(this page intentionally left blank)
COMMUNITY DEVELOPMENT COMMISSION OF CHI•: CITY OF NATIONAL CITY
Notes to the Required Supplementary Infonnation
Year ended June 30. 2007
(1) Budgetary Information
The Commission adopts an annual budget prepared on the modified accrual basis of
accounting for all govermnental fund types. The Executive Director is required to
prepare and submit to the Commission Board of Directors the annual budget of the
Commission and administer it atter adoption. Any revisions that alter the total
appropriations must be approved by the Board of Directors. All annual appropriations
lapse at fiscal year-end except for unexpended purchase orders or contracts and
unexpended appropriations for capital projects. Total expenditures may not legally
exceed total appropriations at the fund level.
(2) Required Disclosures
Expenditures fcrr the year ended June 30, 2007 exceeded the appropriations of the
following special revenue funds:
Budget Actual Variance
Special Revenue Funds:
Community Dev. Block Grant S1.677.171 1,916,120 (238,949)
Home Loan Program 855 (855)
Redevelopment Debt Service Fund - 4.117,070 (4,117,070)
4
(:OMMIJNI Y DEVELO1'MRNT COMMISSION OF THE CITY OF NA1 IONA! CITY
Community Development Block Grant Special Revenue Fund
Schedule of Rev; hues, Expenditures and Changes in Fund Balance - Budget and Actual
For the year ended June 30, 2007
Budgeted Amounts
Chigirral Final
Revenues:
Subventions and grants S 1,443,619
1Ti1.P payments 500
Other income
Total revenues
1,441,619
Actual
\, anancc with
Final Budget
Positive
(Negative)
1,69S,406 75:1,7F 7
500 103 (397)
;51 353
1,444,119 1,444,1 19
1,69S,$62 254,743
Expenditures:
Current:
Personnel services 36.571 (36,871)
Special services 18,102 18,102 38.4413 (20.341)
Community development 1,659,069 1.659,069 I ,840.S06 (181.737)
"total expenditures 1,677,1 71 1,67 7,171 1,916,120 (238,949)
Net change in fund balance (233,052) (233,052) (217.25S) 15,794
Find balance, beginning of year 609,330 609,330 609,330
Fund balance, end of year $ 376,273 376,278 392,072 15.794
46
COMMI )NI"IY DEVELOPMENT COMMISSION Of 171F. CITY OF NATIONAL CITY
Section S housing Assistance Special Revenue Fund
Schedule of Revenues, Expenditures and Changes in fund Balance - Budget and Actual
For the vein ended June 30, 7007
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
Revenues:
Subventions and grants S 7,967,957 7,967 957 8,2(14,943 236,986
Other income - 30,035 30,035
Total revenues 7,967,957 7,967,957 8,234.9 78 267,021
Expenditures:
Current:
Personnel services 99\1 33 995,133 759,517 235,616
Special.setv,ccs 102,890 102,890 184,204 (81,314)
Community development ;,618,112 7,618,112 7,225,337 392,775
Capital outlay 4.500 4,500 5,271 (777)
'total expenditures 6,720,635 8,720,635 8,174.335 546,300
Net change in fund halance (752,678) (752,678) 60,643 813,321
Fund balance (deficit), beginning of
year, as restated _ (253-276) (2>3.276) (253,276)
Fund halance (deficit), end of year S (1,005,954) 0,0055954) (192,633) 813,321
47
COMMUN'fl V DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
l-toile Loan Program - Special Revenue Fund
Schedule of Revenues. Expenditures and Changes in Fund l3alance - Budget and Actual
Fut the year ended June 30, 2007
Re\ en Ue:::
1HIP naynlents
Other income
Total revenues
s
Budgeted Amounts
Original Final
Actual
16,052
560
Variance with
Final Budget
Positive
(Negative)
16,052
560
16,612 16,612
F'per.clillin-s.
( uucnt:
I'cr;onn I servlce> - 474 (474)
Conununny development 381 (381)
Total expel1dllnt eU - - 855
Ncl change w fund balance - 15,75'7
Fund balance, be itinulg of year 3,355,535 3.355,535 3,355.5 35
Fund balance. end of year S 3,355,535 3,355,535 3,371,292
a8
(855)
15,h7
15,757
COMMUNITY DEVELOPMENT COMMISSION OF f1IL. CITY OF NATIONAI. CITY
110MF. Program - Special Revenue Puna
Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the year ended June 30, 2007
Variance with
Final Budget
Budgeted Amounts positive
Original Final Actual (Negative)
Revenues' .-_ ..... ..
Subvention; and grants ' 597,736 597,736 108,555 (489,181)
MEP payments 8,000 8,000 4,719 (3_281)
Total revenues 605,736 605,736 113,274 (492,462)
Expenditures:
Current:
Personnel services 58.246 58,246 58,389 (143)
Special services 1.527 1,527 5,332 (3,805)
Community development 8' 0,000 810,000 3,841 806,159
Capital outlay 537,96.1 537,963 537,963
Total expenditures 1.407,736 1,407,736 67,562 - ],340,1 74
Net change in fund baliu-ce (802,000) (.802.,000) 45,712 847,712
Fund balance, beginning of year 1 949,1 15 3,949,1 15 3,949,115 -
Fund balance, end of year S 3,147,1 13 3,147,115 3,994,827 847,712
49
COMMUNITY DEVELOPMENT COMMISSION OF 711I•. C:TIY OF NATIONAL_ CITY
Nutrition Program - Special Revenue Fund
Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the year ended June .;0, 2007
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual - (Nc_iaiivc)
Revenues:
Subventions and grants $ 303,615 303.615 167,245 63.630
Other income 221,074 221,074 216,414 (4,660)
"Total revenues 524,689 524,689 583.659 58,970
Fspenditures:
Cut rent
Personnel services 875,435 875,435 437,91 5 437,570
Special services 54,858 54,88 IOx,135 (48,877)
Community development 262,600 262,600 261.934 666
Capital outlay 700 700 - 700
Total expenditures 1,193,593 1,19.3.593 So3.5S-7 390.009
Net change in fund balance (668,904) (668,90.1) (219,925) 448.979
Fund balance. (deftoat), beginning of year (1,174,052) (1,174,052) 1 1.174,052) -
Fund balance (deficit), end of year $ (1.842 95) (1,842,956) _ (1, 393,977) 448.979
50
COMMUNITY DEVELOPMENT COMMISSION OF CITY OF NATIONAL CITY
Low and Moderate Income Housing Program Special Revenue Fund
Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the year ended June 30, 2007
Revenues:
Property tax allocated
Interest income
Other income
Total revenues
Expenditures:
Current:
Personnel services
Special services
C'onununity development
"Total expenditures
Excess (deficiency) of revenues
over expenditures
Bud~ eted Ancuunts
On!cinalFinal
2,46.t,592
50,000
13(,1,00(J
Actual
Variance with
Final Budget
Positive
(Negative)
2,463,592 2,708,649 245,057
50,000 17,782 (32,218)
130,000 218,397 88,397
2.64 3,9? ,.,643,592
851.939
444,666
851,939
1,296,605 1,296,605
1,146.987 1,346.987
2,944.828 101,236
2'25,386
151,353
15,846
219,280
700,586
(15,846)
392,585 904,020
2,552,243 1,205,256
Other finanncing sources (uses):
'transfers out (825.'123) (825, /2 t) _ (686, 783) 138,940
Total other financing sources (uses) _ (825.723) (825,723) (686,783) 138,940
Net change in fund balance 521,264 521,264 1,865,460 1,344,196
Fund balance, beginning of year s.395,834 5,395.834 5.395,834 — —
Fund balance, cud of year $ 5.917.098 _ 5017.098 7,261,294 1,34.4,196
:; I
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SUPPLEMENTARY INFORMATION
Si
COMMUNVI Y 1EVFLOPMENT COMMISSION OF TIIF. CITY OF NAllON.AI. CITY
Redevelopment Fund - Debt Service Fund
Schedule of Revenues, Expenditures and Changes in Fund Balance 13udcet and Actual
For the year ended June 30, 2007
Revenues:
Property tax allocated
Interest income
Total revenues
Fxpenditures:
l wri•nt.
Special services
Debt service
Principal payments
Interest and fiscal charges
'Total expenditures
Excess (deficiency) of revenues
over expenditures
Other financing sources (uses):
Transfers to
Transfers (Ul
Variance with
['mai Lludnet
Budgeted Amounts Positive
Original Final Actual (Negative)
S 9,854,368
9,854,368 10,834,596
123,421
9,854,368 9,854,368
9,854,368 9,854,368
980,228
123.47.1
10.955,017 1,103.649
8 1,85if (83,850)
2.0(1,0(10
.0'3'?o
(2,01)0,000)
_ (2,033,2.20)
4.117,070 (1,117,070)
6 8•10.94 7 (3,013,421)
686,783 686,783 6s(,,i83
(4,640,000) (4,640,000) (4,640,000)
Total other financing sources (uses) (3,95 3,217) (3,95 3.217) t 3,95 t. 21_)
Net change in land balance
Fund balance, beginning of year
Fund balance, end of yea)
5,901,151 5,901,151 2,8ti7. 30
2,739,122 2, 7 39,122 1.7 39,122
5; 8,6640.273 8,640,273 5_626.852 �(33,01 .421)
54
.01_,471)
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL. CITY
Redevelopment Fund - Capital Projects Fund
Schedule of Revenues, Expenditures and C'hangcs in Fund 13alance - Budget and Actual
For the year ended June 30, 2007
Revenues:
Subventions and grants
Interest income
Other income
Total revenues
Expenditures:
Current:
Personnel services
Special services
Community development
Capital outlay
Debt service:
Interest and fiscal charges
Total expenditures
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
180,000
>,s 50,000
180,000
3,550,000
3,730,000 3,730,000
1,656,666
2,8(19,3 34
13,155,701
122.191,26s
29,812, 969
1,656.666
2,809,3 34
13,155,701
12,191,268
60,849
727,813
370, 186
60,849
547.813
(3,179,814)
1,158,848 (2,571,152)
1,437,223
1,909,283
3,971,515
2,117
65,050
29,812,969 7,385,188
219.443
900.051
9,184,186
12,189,151
(65,050)
22.427,781
Excess (deficiency) of revenues
over (under) expenditures 126 082,969) (26,082,969) (6,226,340) 19,856,629
Other financing sources (uses):
"Transfers in
,704,173
I otal other financing sources (uses) 1 '04.173
Net change in fund balance (22,378,796)
Fund balance, beginning of year.
as. restated
Fund balance (deficit), end of year
3. /04,173
1,704,113
4,640,000 935,827
4,640,000 935,827
(22,378,796) (1,586,340) 20,792,456
17,570, 366 17,570,366 17,570,366
S (4_808,430) (4,808,430) 15,984,026 20,792.456
(This page intentionally left blank)
An Irdepxmde nl CPA Firm
2301 Dupont Dnve, Suite 200
j Irvine. Califullna 92512
949474.2020 p'I
949 263 ,b20 fx
W W W.II)l.U'I-pc.cuin
Board of Directors
Community Development Commission of the. City of National City
National City, California
REPORT ON INTERNAL CONTROL. OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MATTERS BASED
ON AN A. 011 OF FINANCIAL ST,ATEMLNTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING Si:AND/IRDS
We have audited the financial statements of the Community Development Commission of the
City of National City ("Commission"), a component unit of the City of National City as of and
for the year ended June 30, 2007, and have issued our report thereon dated February 14, 2008.
We conducted our audit in accordance with auditing standards generally accepted in the finned
States of America and the standards applicable to financial audits contained in Government
,,auditing Standards, issued by the Comptroller General of the United States.
Internal Control Over 1-inancial Reporting
In planning and performing our audit, we considered the Commission's internal control over
financial reporting as a basis for designing our auditing procedures for the purpose of expressing
our opinion on the financial statements, but not for the purpose of expressing an opinion on the
effectiveness of the Commission's internal control over financial reporting. Accordingly, we do
not express an opinion on the effectiveness of the Commission's internal control over financial
reporting
Our consideration of internal control over financial reporting was for the limited purpose
described in the preceding paragraph and would not necessarily identify all deficiencies in
internal control over financial reporting that Wright be significant deficiencies or material
weaknesses. I[owever, as discussed below, we identified certain deficiencies in internal control
over financial reporting that we consider to be significant deficiencies and other deficiencies that
we consider to be material weaknesses.
A control deficiency exists when the design or operation of a control does not allow management
or employees, in the normal course of performing their assigned functions, to prevent or detect
misstatements on a timely basis. A significant deficiency is a control deficiency, or combination
of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record,
process, or report financial data reliahl0 in accordance with generally accepted accounting
principles such that there is more than a remote likelihood that a misstatement of the
Commission's financial statements that is more than inconsequential will not he prevented or
detected by the Commission's internal control. We consider items 07-01, 07-02, 07-03 and 07-
04 that have been described in the accompanying schedule of lndines and recommendations to
he significant deficiencies in internal control. in addition, two significant deficiencies that were
identified during the audit of the Morgan Towers Enterprise Fund have been reported to the
Board of Directors of the Commission in a separate letter dated September 21, 2007.
A material weakness is a significant deficiency, or combination of significant deficiencies, that
results in more than a remote likelihood that a material misstatement of the financial statements
57
Board of Directors
Conrinunity Development Commission of the City of National City
'National City, California
will not be prevented or detected by the Commission's internal control.
Our consideration of internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would not necessarily identify all deficiencies
in internal control that might be significant deficiencies and, accordingly. would not necessarily
disclose all situ-tifrcant deficiencies that are also considered to be material weakness. However,
of the significant deficiencies described above, we consider item 07.01 to be a material
weakness.�
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Commission's financial statements
are free of material misstatements, we performed tests of its compliance with certain provisions
of laws, regulations, contracts and grant agreements, noncompliance with which could have a
direct and material effect on the determination of financial statement amounts. Such provisions
included those provisions of laws and regulations identified in the Guidelines fOr Compliance
Audits of California Redevelopment Agencies, issued by the State Controller and as interpreted in
the .Sugge.sted Auditing Procedures jor Accomplishing Compliance .fudits of California
Redevelopment Agencies, issued by the Governmental Accounting and Auditing Committee of
the California Society of Certified Public Accounts. However, providing, an opinion on
compliance with those provisions \vas not an objective of our audit and. accordingly, we do not
express such an opinion. The results of our tests disclosed instances of noncompliance or other
matters which related to the audit of the Morgan Towers Enterprise Fund that are required to be
reported under Government Auditing Standards and which have been reported to the Board of
Directors of the Commission in a separate letter dated September 21. 2007. In addition, we noted
other matter involving compliance with respect to the items tested that is described as follows:
The Commission sold property during the year which had been acquired ,.with tax increment
money. However, the Commission did not comply with the requirements of the Health and
Safety Code Section 33433 which states that:
"...beflre any property of the agency acquired in whole or in parr, directly or
indirectly, with tax incasement moneys rs sold or leased Jor development pursuant to
the redevelopment plan, the sale or lease .,hall first be approved 11} the legislative
body by resolution after public hearing. Notice of the time and place of the hearing
shall be published in a newspaper of general circulation in the community at least
once per week for at least two successive weeks, as .specified in Section 6066 of the
Government Code, prior to the hearing. The agency .shall make available. for public
inspection and copying at a cost not to exceed the cost of duplication. a report no
later than the time of publication of the first notice of the hearing mandated by this
section. This report shall contain both of the following.
(,4) A copy of the proposed sale or lease.
(R) A summary which describes and specifies all of fire f 111owilrg:
(i) The cost of the agreement to the agency, including haul acquisition
COSTS, clearance costs, relocritwn costs, the COSTS of any 1111r1%ovemCnt.S
to he provided by the agency, plus the expected orterest on any loans
or bonds to finance the agreements.
Board of Directors
Community Development Commission of the City of National City
National ('ity, California
(ii) The estinuaed value of the interest to he conveyed or leased.
determined at the highest and best uses permitted under the plan.
(iii) The estimated value of the interest to be conveyed or leased,
determined at the use and with the conditions, covenants, and
development costs required by the .vale or lease. The purchase price
or present value of the lease payments which the lessor will be
required to make during the terns of the lease. If the sale price or total
rental amount is less than the fair market value of the interest to be
conveyed or leased, determined at the highest and best use consistent
with the redevelopment plan. then the agency shall provide as part of
the summary. an explanation of the reasons for the difference.
(iv) An explanation of why, the .vale or lease of the property will assist in
the elimination of blight, with reference to all supporting facts and
materials relied upon in making this explanation.
(v) The report .shall be made available to the public no later than the time
tf publication of the first notice of the hearing mandated lty this
section.
This report is intended solely for the information and use of the audit committee, management,
and the State Controller and is not intended to be and should not be used by anyone other than
these specified parties.
e .
Irvine, California
February 14, 2008
59
COMMUNITY DEVELOPMENT COMMISSION OF THE (1 L Y OF NATIONAI. CITY
Schedule of Findings and Recommendations
Year ended June 10, 2007
(07-01) Inadequlte Interval Controls over Cash and investments
During_ our review of internal controls over cash and investments, we noted that the
Commission's cash and investments (held by both the Commission and its fiscal agent)
had not been reconciled to the general ledger on a monthly basis. Sound internal
controls dictate that the individual in charge of reconciling the cash and investment
portfolio to the general ledger ensure that all cash and investment activities (i.e.,
purchases, sales, transfers, interest earnings) have been accurately and timely recorded
in the general ledger. This procedure should be done soon after month end in order to
efficiently detect and resolve any discrepancies or unauthorized transactions that might
occur.
Recommendation
We recommend that the Commission reconcile and record all cash and investment
activity to the general ledger on a regular monthly basis. We further recommend that
the Commission consider the use of a third party custodian in performing investment
transactions for all investments held. The involvement of a third party custodian
(separate and distinct from the institution that executes the investment purchase on the
Commission's behalf) enhances the internal controls over investments by decreasing
the risk of fraud by the counter party, the party that makes the investment purchase.
(07-t)21internal Controls over Journal. Entries
During our review of internal controls over journal entries we noted that computer
access controls over the journal entry function within the general ledger computer
application does not require another level of approval for entering journal entries.
Therefore, it is possible that an accountant could enter a journal entry (which would
automatically be recorded in the general ledger) and never prepare a journal entry form
and as a result the journal entry might not ever be reviewed by someone independent of
the preparation.
Recommendation
if the system cannot be programmed to restrict the person from both entering and
approving journal entries, we recommend that the Finance Director or Financial
Services Officer run a general journal report each month, which lists all journal entries
made for that month. That individual should review that report to ensure that all
significant entries were approved by someone other than the preparer and should
document their review by signing that report.
60
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL. CITY
Schedule of Findings and Recommendations
(Continued)
(07-03) inadequate Records on Housing Project Capital Assets
The Commission's Morgan and Kimball "Powers' housing projects have not maintained
adequate detailed records relating to their capital assets. Although adequate detailed
records are maintained for current year additions and deletions to capital assets (and
related accumulated depreciation), the Commission should maintain detailed records
that reconcile to the total ending capital assets and related accumulated depreciation
recorded in the general ledger in order to ensure such assets exist and that depreciation
is correctly calculated.
Recommendation
We recommend that the Commission perform an inventory on all capital assets owned
by their housing projects and that such records reconcile to the total ending capital
assets and related accumulated depreciation recorded in the general ledger.
(07-04) Controls over Misstatements Reflected in the Financial Statements
An important element of internal control is that management's review of the financial
statements be highly effective to detect misstatements reflected in the year end
financial statements. While this review currently contributes to the objectives of the
financial reporting process, this review does not rise to the level necessary to detect
misstatements associated with some of the more complex and technical elements
reflected in the financial statements.
Currently, the audit tirrn is relied upon to prevent or detect misstatements in the year
end financial statements. Auditing standards require that client systems be effective
without reliance upon the audit process. This is because a key role of the auditor is to
evaluate the effectiveness of the client's financial reporting control systems. The audit
firm cannot be a part of the client's internal control system that is evaluated during the
audit process.
Paragraph 19 of the Statement on Auditing Standards No. 112 requires that the auditor
include in the report of significant control deficiencies any material adjustments
detected by the audit process. For the year ended June 30, 2007, material adjustments
detected by the audit process were as follows:
• Transfer of tax increment revenue from the Redevelopment Capital Projects Fund
to the Redevelopment Debt Service Fund.
Recommendation
We recommend that management record material adjustments on an annual basis prior
to the start of the audit.
tit
COMM' JNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
schedule of Findings and Recommendations
(Continued)
(_07-04) Controls over Misstatements Reflected in the Financial Statements. (Continued)
In addition, in order to enhance management's review of the financial statements, we
recommend that additional training be provided to raise the c•ornlinl level and
effectiveness of staff with respect to their review of the year end financial statements.
62
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE March 4, 2008
AGENDA ITEM NO. 18
rITEM TITLE A report - Update on the EPA Brownfield Assessment Grant
for the Westside Neighborhood.
PREPARED BY
Patricia Beard (4255) -
Redevelopment Manager
DEPARTMENT
Redevelopment Division
EXPLANATION On August 1, 2007, the CDC commenced a United States
Environmental Protection Agency funded assessment of contaminated properties in the
Westside specific planning area. This report explains that progress that has occurred in the
first two quarters of the three year grant project. (Please see attached Background Report.)
Strategic Goal 5B - Comprehensive Implementation Strategy for Westside Specific Plan.
Environmental Review Not applicable.
Financial Statement To date $34,119.06 has been spent from total grant funds of $200,000.
Account No 9
STAFF RECOMMENDATION Accept and file.
BOARD / COMMISSION RECOMMENDATION Not applicable.
ATTACHMENTS
1. Background Report
2. Map
Resolution No.
AYI'ACI-IMENT 1
BACKGROUND REPORT
On August 1, 2007, the Redevelopment Division commenced a USEPA grant
project to study sites potentially contaminated by hazardous soils in the area of
the Westside Specific Plan ("WSP"). The investigation is part of an overall
implementation strategy being prepared by staff related to the WSP.
As required under an approved Work Plan for the grant project, Essentia
Management Services, CDC's lead consultant for the grant project, completed an
inventory of all of the non-residential and public properties within the WSP
boundary. The inventory was compiled by visual observations and a review of 69
federal, state and local environmental databases to determine whether
hazardous materials permits have been issued on sites and, if so, whether any
violations of these permits have occurred. A total of 159 businesses were
inventoried and 413 entries in environmental databases were reviewed.
The Environmental Health Coalition and area residents, which have been primary
participants in WSP input to date, have expressed a high level of concern about
auto repair businesses and businesses with hazardous air emissions in the
neighborhood. The inventory found that there are 55 auto -related businesses
which appear to use or store hazardous materials and 13 auto -related
businesses which have known releases of hazardous materials and/or permit
violations.
Under the EPA -approved Work Plan, following the inventory, priority sites would
be identified for further investigation. The Work Plan states that 10 — 15 sites
would be studied by Phase I studies and, from the 10 —15 sites, up to five (5)
sites would be further investigated by Phase II studies. Phase I's are studies of
historical documents about the site and superficial on site observation. Phase II
studies involve actual environmental testing on properties and can lead to a
remediation strategy for sites.
One of the priorities for EPA, as well as staffs understanding of City Council
priorities, is early implementation, where possible, of the WSP especially as it
concerns reducing the exposure of children to hazardous materials and air
emissions and adding housing and/or compatible commercial uses within the
neighborhood. Early implementation for these purposes will be most feasible
where shorter amortization of a business will occur due to lower improvement
values and/or code violations and/or where the CDC could potentially assemble
multiple small sites to create a viable project footprint. Following a review of the
inventory and a site tour of the area, staff and Essentia identified 20 sites for
Phase 1 investigation based on the desire for early implementation. (Please see
attached map.)
Of these 20 sites, there are:
• One (1) residential property with suspected auto repair and hazardous
materials use as a "backyard" business;
• Seven (7) auto repair businesses with hazardous materials/wastes known
or suspected to be stored on site;
• Three (3) auto repair businesses with known releases of hazardous
materials and/or known violations of environmental permits;
• One (1) non -auto repair business with known releases of hazardous
materials and/or violations of environmental permits; and
• Eight (8)other non-residential sites for potential early redevelopment.
Currently, property owner consent is being sought to comply with EPA Phase I
requirements. Since Phase 1 investigations are limited to public document
searching and superficial site observations, it is hoped that cooperation for these
investigations will be achieved.
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City of National City, California
COUNCIL AGENDA STATEMENT
19
MEETING DATE March 4, 2008 AGENDA ITEM NO.
ITEM TITLE
Update on the Westside Specific Plan (2007-34 GP, lC, SP)
PREPARED BY
Peggy Chapin, Principal Planner (336-4319)
EXPLANATION
DEPARTMENT
Planning
On October 20, 2007, a review of the draft Westside Specific Plan and an economic analysis prepared by EPS was
presented to the City Council. On March 4, staff will provide an update on the preparation of the Specific Plan and the
Environmental Impact Report. A copy of the PowerPoint presentation is provided for your reference.
Environmental Review X N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Provide direction to staff on land use considerations.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Powerpoint Presentation
Resolution No.
A-200 (9/99)
City of National City
Update
Westside Specific Plan
March 4, 2008
Purpose
Purpose of the Plan
The Westside Specific Plan establishes land
principles,
use policies, development standards, and design
guidelines for the Westside/Old Town neighborhood.
It is the result of a resident -driven initiative to
revitalize the neighborhood's residential orientation
and create a safe environment.
Purpose of the Update
Clarify Direction to Begin Environmental Review
Chronology of Events
• 1940s — City Leaders establish zoning that allowed for
industrial/manufacturing businesses in residential area.
• August 2004 — Council approves contract for EDAW
to prepare a specific plan for Westside.
• February 2005 —Community provides input on issues
and opportunities at Workshop #1.
• August 2005 - Community provides input on draft
vision and guiding principles at Workshop #2.
• March 2006 — Community provides inputs on height
limits and land uses at Workshop #3
Chronology of Events (con't)
• September 2006 — At request of residents, the City
adjusts project boundary and authorizes Workshop #4.
• June 2007 — City Contracts Economic Planning
Systems (EPS) to study implementation and feasibility.
• August 2007 — EDAW completes draft Specific Plan
for review.
• October 2007 — Council Workshop — EDAW and EPS
present draft plan and economic study. City Council
provides direction and next steps.
City Council Direction
October 2007
• Environmental Impact Report -Release
proposal for consultants to prepare
Environmental Impact Report.
• Parking Standards -Consider flexible parking
standards and offer creative parking solutions.
• Paradise Creek -Consult with biologist to
determine appropriate buffers for Paradise
Creek. Analyze in relation to desire to
develop affordable housing in the same area.
City Council Direction
October 2007 (con't)
• EPS Implementation Study - Refine land use
plan to allow for housing prototypes 2 & 3 in
Residential district and prototype 2, 3, & 4 in
certain areas of the Mixed Residential
Commercial Office district.
• Transit Oriented Development — As an
alternative, create an area near trolley station
for Transit Oriented Development (TOD) to
accomplish Smart Growth principles.
Comparison of Land Uses
Existing Land Uses
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Preliminary Draft
Status of Environmental
Impact Report
Feb. 21 Request for qualifications to
prepare EIR sent to 7 firms.
March 6 . Deadline to receive proposals.
March 20 Deadline for selected firms to
submit scope of work and fee.
March 21 — 27 Internal staff review.
April 15 Council considers contract.
December 18 . Adopt Westside Specific Plan.
Paradise Creek
Chris Nordby of Tierra Environmental
Services began work in February to:
• Search of database for sensitive
species
• Conduct site review
• Prepare field delineation of
wetland
• Prepare wetland delineation
report
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Land Use Categories
Mixed -use
R- sidential/Commercial/ Offic
District
Residential District
fixed -use Commercial/Office
District
Mixed -use
R • sidential/Commercial/ Office
District- TOD
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Technical Advisory Panel)
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TOD Smart Growth Area
Mid -density Product
Maximum 5-6 stories
60 dwelling units per acre
Flexible parking standards
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Single-family
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Single-family
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16 Units Per Acre
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Row Homes
1,400 sf lot
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Considerations
If the Westside Specific Plan is adopted as drafted
many existing businesses and residences will
become legal nonconforming. That designation
can limit expansion and/or reinvestment.
• Should the 27 residences west of Wilson be legal nonconforming?
• Should the 146 industrial uses be legal nonconforming?
• Including public works yard
• Can acceptable environmentally sensitive light industrial land uses be
permitted through Conditional Use Permit (CUP)?
• Should new auto body & auto paint shops be permitted with a CUP on the
west side of Wilson and south of 18th St. between Hoover & Roosevelt?
IZ
Considerations
• Is the Community Center/Mercado a viable option for
the site of CP Manufacturing located at Wilson and
Civic Center Drive?
• Should 1,400 sf minimum lot size and up to 3-stories
(35 feet) be permitted within Residential district?
• Should mid -density structures be permitted within TOD
around trolley station? Along Civic Center Drive?
West of Wilson? Or throughout the mixed -use districts?
Community
Center and
Mercado
Opportuntiy Site
Auto Body/Paint
Allowed by CUP
Trolley Station
TOD Plan Area
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Specific Plan Area
ResktleMl
- Mixed Residential Commercial Once
Mked Office Commercial
- Autornoilve Commercial
gaig Calk Institutional
Open Space Reserve
- Pleads. Creek