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HomeMy WebLinkAbout2009 02-03 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National ('ity Council Chambers Civic Center 1243 National ('ity Boulevard National City, California Regular Meeting - Tuesday — February 3, 2009 — 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 ('ity 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 1llorrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to slate 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. t 1pon request, this agenda can be made available in appropriate alternative formats to persons xvith a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the (.'ity 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 espanol se proporciona durance sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasilio al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSiTE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/3/2009 - Page 2 PROCLAMATION 1. Proclaiming Friday, February 6, 2009 as: "National Wear Red Day" PRESENTATIONS 2. 25 Years of Service — Veronica H. Zengota, Police Operations Assistant 3. Presentation by the Census Bureau. CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of January 6, 2009 and the Adjourned Regular Meeting of January 13, 2009. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the filing of a grant application requesting $2 million of Smart Growth Incentive Program (SGIP) funds through the San Diego Association of Governments for the 8th Street Corridor Smart Growth Revitalization Project, estimated at $3.5 million. (Proposed funding through SGIP Grant Fund, City Tax Increment Fund as local match, and Rule 20A Fund for Underground Utility District 24 as local match) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an amended agreement with the Environmental Health Coalition to perform outreach and education services during the extended agreement period from November 1, 2008 to October 31, 2009 as granted by HUD to the City for the Healthy Homes Demonstration Project. Additional funds from the Tax Increment Fund of $188,059 will be required. (Community Development) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/3/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an amended agreement with the American Lung Association of California to perform asthma education services during an extended agreement period from November 1, 2008 to October 31, 2009 as granted by HUD to the City for the Healthy Homes Demonstration Project. Additional funds from the Tax Increment Fund of $51,792 will be required to augment existing grant funds. (Community Development) 8. Resolution of the City Council of the City of National City supporting the extension of the proposed California High -Speed Train/Rail System into South San Diego County. (City Manager) 9. WARRANT REGISTER #28 Warrant Register #28 for the period of 12/31/08 through 01/06/09 in the amount of $638,712.60. (Finance) 10. WARRANT REGISTER #29 Warrant Register #29 for the period of 01/07/09. through 01/13/09 in the amount of $1,422,680.16. (Finance) 11. Investment Report for quarter ended December 31, 2008. (Finance) PUBLIC HEARING 12. Public Hearing and Proposed Finding of No Significant Environmental Effect for a proposed 9 lot subdivision map, including a density bonus and development incentive for providing 1 affordable unit on a 0.71 acre site at 2121 Grove Street. (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS) (Planning Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/3/2009 - Page 4 NON CONSENT RESOLUTION 13. Resolution of the City Council of the City of National City amending the Fiscal Year 2008-2009 Capital improvement Budget. (Finance) NEW BUSINESS 14. Request to use the Martin Luther King, Jr. Community Center by the San Diego Foundation and the Alliance Healthcare Foundation for their public community meeting regarding the Paradise Valley Fund on Tuesday February 10, 2009 with no waiver of fess. (Community Services) 15. Request to use the Martin Luther King, Jr. Community Center by Cornerstone Church of San Diego for a "Valentines Dinner" on February 13, 2009 with no waiver of fees. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 16. Authorize the reimbursement of Community Development Commission expenditures in the amount of $2,671.32 to the City of National City for the period of 12/31/08 through 01/06/09. (Finance) 17. Authorize the reimbursement of Community Development Commission expenditures in the amount of $147,987.87 to the City of National City for the period of 01/07/09 through 01/13/09. (Finance) 18. Investment Report for quarter ended December 31, 2008. (Finance) 19. Annual Financial Report for the Fiscal Year Ended June 30, 2008. (Finance) **Continued from Council Meeting 1/20/09** 20. Resolution of the Community Development Commission of the City of National City approving an Amendment to the Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. (Redevelopment Division) .r✓ CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/3/2009 - Page 5 NEW BUSINESS STAFF REPORTS 21. Home Clinic — Housing Foreclosure Assistance — Verbal Report (Housing & Grants) MAYOR AND CITY COUNCIL 22. Scheduling March 21, 2009 for the City Council Strategic Planning Workshop. CLOSED SESSION CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a) Community Youth Athletic Center v. City of National City, Community Development Commission of the City of National City, et al. San Diego County Superior Court Case No. GIS 37-2007-0007604-CU-EI-SC ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — February 17, 2009 - 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 WHEREAS, diseases of the heart are the nation's leading cause of death and stroke is the third leading cause of death; and WHEREAS, more women die of heart disease, stroke, and all other cardiovascular diseases than the next five leading causes of death combined, including all cancers, with cardiovascular disease claiming the lives of nearly 455,000 American females each year, equating to approximately one death per minute; and WHEREAS, each year, 53% of all deaths due to cardiovascular disease and 61% of stroke deaths occur in females while only 21% of women consider cardiovascular disease their greatest health risk; and WHEREAS, in 2008, the direct and indirect cost of cardiovascular diseases in the U.S., including stroke, is estimated to be $475.3 billion; and WHEREAS, Go Red For Women is the American Heart Association's national call to increase awareness about heart disease —the leading cause of death for women —and to inspire women to take charge of their heart health; and WHEREAS, all women should learn their own personal risk for heart disease, using tools such as the American Heart Association's Go Red For Women Heart CheckUp and by talking to their healthcare provider; and WHEREAS, making the right choices relating to proper nutrition, physical activity, doctor visits, and other lifestyle methods is essential to living a heart healthy life. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Friday, February 6, 2009 as: NATIONAL WEAR RED DAY We urge all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red. By increasing awareness and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. Ron Morrison Mayor Ale andra Sotelo-Solis ice Mayor Jess Van 'Deventer Councilmember Francisco "Frank" Parra Councilmember Rosalie G. Zarate Councilwoman +�-- CALIFORNIA —0 nGl.Gl V GU BAN 1 LUUJ ITEM #2 2/3/09 MEMORANDUM NATIONAL CITY INCORPORATED DATE January 15, 2009 TO �' # !' ' w tMMISOMON ` Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) FROM Lilia Munoz, HR Technician (I,V SUBJECT : ANNIVERSARY RECOGNITION U �, The following City employee will be completing her twenty-five years of service with the City of National City on January 23, 2009: NAME Veronica H. Zengota POSITION Police Operations Assistant HIRED January 23, 1984 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, February 3, 2009. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: Veronica Zengota Chief Gonzales RECOGPRG.DOC-11 Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov ITEM #3 2/3/09 PRESENTATION BY THE CENSUS BUREAU ITEM #4 2/3/2009 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of January 6, 2009 and the Adjourned Regular Meeting of January 13, 2009. - City Clerk - City of National City, California COUNCIL AGENDA STATEMENT )111vifIEETING DATE February 3, 2009 AGENDA ITEM NO. 5 /ITEM TITLE Resolution of the City Council of the City of National City authorizing the filing of a grant application requesting $2 million of Smart Growth Incentive Program (SGIP) Funds through the San Diego Association of Governments for the 8`h Street Corridor Smart Growth Revitalization Project, estimated at $3.5 million (Proposed funding through SGIP Grant Fund, City Tax Increment Fund as local match, and Rule 20A Fund for Underground Utility District 24 as local match) PREPARED BY Stephen Manganiellot2t DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funding sources: SGIP Grant Fund - $2 million (maximum request) City Tax Increment Fund - $500,000 (local match) Account No. 511-409-500-598-3918 Rule 20A Fund (Underground Utility District 24) - $1,000,000 (local match) Account No. STAFF RECOMME DATION Adopt the resolutio BOARD / COMMISSION RECOMMED ION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Resolution A-200 (Rev. 7/03) Explanation Staff is requesting authorization to file an application for Smart Growth Incentive Program (SGIP) Funds through the San Diego Association of Governments (SANDAG) for the 8th Street Corridor Smart Growth Revitalization Project. The project includes revitalization of the 8th Street corridor from the trolley station (west of Interstate 5), through National City Boulevard, to "D" Avenue, with emphasis on improving walkability and encouraging Smart Growth redevelopment. The 8th Street Revitalization Project is an extension of the National City Boulevard Streetscape Enhancement and Morgan Square projects, both of which were funded in large part by a previous SANDAG SGIP Grant. The 8th Street Revitalization Project will include pedestrian improvements, traffic calming, lighting, bike lanes, street trees, an "Historic Walk and Mural", and development of a public plaza on A Avenue at 8th Street. The project scope and themes are consistent with the adopted Downtown Specific Plan. The total cost of the project is estimated at $3.5 million. Staff is requesting $2 million in SGIP funds from SANDAG, the maximum allowable per project. Staff is proposing a City match of $500,000 through the City's Tax Increment Fund. The remaining $1 million match is programmed for utility undergrouding through Rule 20A funds (Utility District 24 — 8th Street from National City Boulevard to Highland Avenue). The purpose of this Resolution is to obtain City Council support for the 8th Street Corridor Smart Growth Revitalization Project, authorization for submittal of the SGIP grant application, and commitment of local matching funds for completion of the project, should the grant be awarded. Due to the length of the grant application, copies are available at City Engineering upon request. RESOLUTION 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM FUNDS IN THE AMOUNT OF $2 MILLION THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT, COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECT, AND STATING THE ASSURANCE OF THE CITY OF NATIONAL CITY TO COMPLETE THE PROJECT WHEREAS, $9.7 Million of TransNet Smart Growth Incentive Program ("SGIP") funds are available to local jurisdictions in Fiscal Years 2009-2010; and WHEREAS, the City of National City ("City") desires to receive $2 Million in SGIP funds for the 8th Street Corridor Smart Growth Revitalization Project; and WHEREAS, the City understands that the TransNet Smart Growth Incentive Program funding is fixed at the programmed amount, and therefore, any cost increase cannot be expected to be funded through the SGIP Program; and WHEREAS, the City understands that the TransNet funding through the SGIP Program shall not be used to replace other private developer funding that has been or will be committed for any project; and WHEREAS, the City will commit the necessary staff resources and matching funds to complete the proposed project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the submittal of an application to the San Diego Association of Governments (SANDAG) for TransNet Smart Growth Incentive Program funding in the amount of $2 Million for the 8th Street Corridor Smart Growth Revitalization Project. BE IT FURTHER RESOLVED that the City Council hereby approves the allocation of local match funds, and commits the necessary staff resources to complete the 8th Street Corridor Smart Growth Revitalization Project SANDAG. BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT 4411.'MEETING DATE February 3, 2009 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH THE ENVIRONMENTAL HEALTH COALITION TO PERFORM OUTREACH AND EDUCATION SERVICES DURING THE EXTENDED AGREEMENT PERIOD FROM NOVEMBER 1, 2008 TO OCTOBER 31, 2009 AS GRANTED BY HUD TO THE CITY FOR THE HEALTHY HOMES DEMONSTRATION PROJECT. ADDITIONAL FUNDS FROM THE TAX INCREMENT FUND OF $188,059 WILL BE REQUIRED. PREPARED BY Jim Ridley (ext. 4266) DEPARTMENT Community Developme4 EXPLANATION On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes and Lead Hazard Control to perform Healthy Homes Inspections in the area west of 1-805. The Healthy Homes Inspection includes: a structural housing inspection, an environmental hazards assessment, and testing/sampling for mold and moisture, lead, carbon monoxide, and cockroaches. The City entered into an agreement on November 15, 2005 (Resolution No.2005-252) with the Environmental Health Coalition (EHC) to perform outreach, administrative and educational services for this grant. The original grant term expired on October 31, 2008. The City successfully pursued and received a "no additional funding" grant extension on November 5, 2008 to allow the City and the Healthy Homes program partners to continue to pursue the goals of the grant and further assist the residents of National City. The City would like to now enter into an amended agreement with EHC to continue to perform services as detailed in their newly amended agreement. The term of the agreement with EHC will begin retroactively on November 1, 2008, and will end on October 31, 2009, provided that either the City or EHC has the option of cancelling the agreement upon 60 days' written notice. HUD reserves the right to end the extension on May 30, 2009 if the special conditions of the extension are not satisfied. EHC has, in good faith, continued to provide services prior to the approval of this amended agreement to assist the City and the community in the Healthy Homes effort. Pursuant to the original agreement and this extension, EHC would receive $377,317 for their services of which $189,258 is from HUD grant funds and $188,059 will come from City sources (i.e. Tax Increment). The agreement contains the customary provisions requiring the consultant to carry insurance, and to indemnify the City for acts of negligence in the performance of the agreement. Environmental Review Ni N/A Financial Statement Approved B 46Aftle_4, Account No. finance Director Establish appropriations in the amount of $188,059 in Expenditure Account # 294-445-462-299-0000 STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Original Agreement 2. HUD Award Amendment 3. Amendment to Original Agreement 4. Resolution A-200 (9/99) Resolution No. i RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE ENVIRONMENTAL HEALTH COALITION IN THE NOT TO EXCEED AMOUNT OF $377,317 TO PERFORM ENVIRONMENTAL AND ASTHMA EDUCATIONAL SERVICES FOR ONE YEAR IN CONJUNCTION WITH THE HUD HEALTHY HOMES DEMONSTRATION PROJECT WHEREAS, the City desires to continue its relationship with the Environmental Health Coalition to provide outreach, administrative and educational services for the HUD Healthy Homes Demonstration Project; and WHEREAS, the City has determined that the Environmental Health Coalition has satisfactorily complied with the terms of the original agreement dated November 15, 2005, and is willing to continue performing such services during the extension period from November 1, 2008 through October 31, 2009, for the HUD Healthy Homes Demonstration Project for the not to exceed amount of $377,317, which supports the original contract term and any and all additional length of service as specified in the HUD Grant Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the original Agreement dated November 15, 2005, with the Environmental Health Coalition to provide environmental and asthma educational services from November 1, 2008 through October 31, 2009, for the HUD Healthy Homes Demonstration Project for the not to exceed amount of $377,317, of which $189,258 will come from HUD grant funds, which covers the original contract term and any additional length of service as specified in the HUD Grant Amendment. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Nur City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ENVIRONMENTAL HEALTH CORPORATION THIS AGREEMENT is entered into this 15th day of November, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the Environmental Health Coalition, a non-profit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide outreach for healthy homes inspections. WHEREAS, the CITY has determined that the CONTRACTOR is a non-profit corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that. all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 0% from the base amount. Revised April 2005 3. PROJECT COORDINATION AND SUPERVJSION. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Leticia Ayala thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be tumed over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes;- nd the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised April 2005 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the&CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work ---- ,pprsuant to this Agreement. 3 Revised April 2005 10. LICENSES. PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of what -ever - nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement,..any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall Include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised April 2005 13. CONFIDENTIAL INFORMATION. The CITY may from time_to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attomeys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the Califomia Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shalt purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised April 2005 purchase and maintain throughout the term. of this agreement, .thefollowing insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all .bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attomeys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised April 2005 suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attomeys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personalty delivered; or sent by 7 Revised April 2005 _overnight mail ._(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if. sent by ovemight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Kathleen Trees City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Diane Takvorian, Executive Director Environmental Health Coalition 401 Miles of Cars Way, Suite 310 National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised April 2005 - -0 If checked, the CONTRACTOR- shall - comply with - all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. -+ert-, Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (li) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has 9 Revised April 2005 consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review.. and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: ENVIRONMENTAL HEALTH COALITION (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole prgprietorship — one signature) By: i/7Y /Chl/z4L (Name) xefrY f'J By: George H. iser, III City Attorney 10 (Title) (Title) Revised April 2005 Nad EXHIBIT A SCOPE OF SERVICES 101. Provide education, outreach and recruitment for healthy homes inspections in the areas west of interstate 805. a. Education: 1. Develop a program logo and produce 1,000 copies of a brochure explaining the benefits and eligibility requirements of the program. The brochure will be in English and Spanish and will be made available to the residents of National City in public places such as the library. 2. Hold quarterly training seminars for residents. 3. Provide in -home training when necessary. b. Outreach: 1. Distribute program brochures door-to-door to 600 units in the program areas. 2. Attend 2 health fairs in National City each year and the annual St Anthony's Church Fair. c. Recruitment: 1. Provide application forms and eligibility forms and help tenants/residents complete them. 2. Perform 150 initial environmental assessments for lead, cockroaches, carbon monoxide and mold and mildew using protocols developed by the Community Environmental Health Resource Center. 3. Perform follow-up visits after control work has been done and administer a short evaluation and assessment. 102. Attend quarterly advisory meetings and monthly meetings with the City and EHC. 103. Provide monthly progress reports 1/ EXHIBIT B COST SCIIEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of ONE HUNDRED EIGHTY-NINE THOUSAND `TWO HUNDRED FIFTY-EIGHT dollars ($189,258) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than FIFTEEN THOUSAND SIX HUNDRED SEVENTY FIVE ($15,675). 202. The CON TRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 1 may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 1 and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment 2 and 3) include adequate and appropriate documentation for the expenses claimed. EXIIIBIT C Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31, 2008. MB ,6433,0•411 740.2501-0017 Grant Application Detailed Budget Worksheet pp. 01731/20C45) Name and Address of Applicant Environmental Health Coalition 401 Mile of Cars Wav Suite.310 National City. CA 91950 Category Detailed Description of Budget (for full grant period) 1. Personnel (Direct Labor) Estimated Hours Rate par Hour Estimated Cost 1:41 IA NI HUD Share Applicant Match Other HUD Funds Other Federal Share State Shari LocaVTribal Share Other Program Income Position or IncfNidual 4 x - Proiect Director (.1 FTE1 132400 . 17.06 78.00544 V1 16165.46 _ Outreach Director (.3 FTE) 1.372.00 2250 42.120.00 iiiV, 42.120.00 Promotora Coordinator (.4 F7E) 2.496 c4 16.73 47,754.011 iii 31.318.56 10.43412 Proiect Assistant (.1 FTE) 62460 10.06 10421.44 ::4 10,021.44 0.00 '4•4'. T4 0.00 V. .".: 0.00 0.00 0.00 Total Direct Labor Cost ,TV,..#4:::.4.,p,t1.1W:M:? 110,784.96 ai, 90,324.00 -..l."2 10,021.44 10,439.62 0.00 0.00 0.00 0.00 0.00 2. Fringe Benefits Rate (%) Base w: Estimated CostK, HUD Share Appiicani Match Other HUD Funds Other Federal Share State Share Localaribel Share Other Program Income Prolect Director 017 16495.44 •,:4 4.56607 io. 4.55307 . Outreach Director 0.27 42.120.00 11.373.40 t.'4 ,,.372.40 Promotora Coordinator Or 43756.05 11,274.68 lig 6.46601 2616.67 Project Assistant 027 10 er.44 2.705.79 44 ft* 2.705.74 0.00 0.00W °.°° Total Fringe Benefits Cost l.k0Arder %rlf'2::iMia .t.t'. 29.9i 1.94 ali 24.387.48 2.705.79 2.818.67 0.00 0.00 0.00 0.00 0.00 3. Travel 't 3a. Transportation -local Private Vehicle Mileage Rate per Mlle i,iit Estimated Oost,. HUD Share Applicant Match Other HUD Fonds Other Federal Share State Share LocaUTribel Share Other Program Income Outreach Director 2.000.00 0.42 124600 !'*.A,'?": 1,000.00 245.00 Promotora Coordinator 3,000.03 0 42 1,246.00 ir 1.00400 246.06 "° i4g 0.001,, 0.00 .1e :. Subtotal - Trans • Local Private Vehicle k.'40.410ia :40s;ig.'.;E..5 2•490.00Ws2.000.00 0.0e 490.00 0.00 0.00 0.00 ........... - 0.00 ,.--,,,,,,.,. 0.00 z INawlioviL,Lv Grant Application Detailed Budget Worksheet Detailed Description of Budget 3b. Transportation - Airfare (show destination) Trips Fare $ ES%: Estimated Costti<%i HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaVTnbal Share Other Program Income o.00 :: •` 0.00 s' 0.00 f'¢!g: woo f•,j 0.CO* 0.03 4:f: Subtotal - Transportation • Airfare F ' . ' '% z�s?'- <' Y'>,` °" " .3s%':'ssk?: 0.00 y%5 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3c. Transportation - Other Quantity Unit Cost R,. Estimated Cost*. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaVTrlbal Share Other Program • Income ' O.Oo 7% 0.00 ::C> 1 D CO 0 0.00 :t i 0.00 T% Subtotal Transportation - OOter Y Y3 gs ..:' s, `gis, t%0 y' �3^ `•'< 0 00 %y' 0.00 y-.1 0.00 0.00 0.00 0.00 0.00 0.00 o.00 - Per Diem or Subsistence (indicate location) Days Rate per Day N. s1g Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocalfTribal Share Other Program Income 3d, o.00 o.00 !K•Ss 0.00 `y:i o.00 ':`• I% r 0.0o^. Diem or Subsistence :":Y::'v;;« •'. ; % �> >%"iWs. t:rs > • 0.00 j y: 0.00 e, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal -Per Travel Cost w-.:: :: ,Ak... ::::.,;',1„>; i %t.1, .`f 2.490.00 r.• 2,000.00 0.00 490.00 0.00 0.00 0.00 0.00 0.00 Total hems over 55,000 Depreciated value Quantity Unit Coat %% '''s .' Estimated Costal Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program! Income 4. Equipment (Only o.00 ;33� wi noo > t: o.00 :. . 0.00 `Y Cost tr. ,. _ 0.00 0.00 0.00 0.00_ 0.00 0.00 _ 0.00 0.00 0.00 Total Equipment • nor,•, HUD- 24-CBW (2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget 5. Supplies and Materials (Items under S5,000 Depreciated Value) ,� •� �i�s 5a, Consumable Supplies Quantity Unit Cost S#% ?x`; Estimated Cosd�,S,tt'�HUD Share Applicant Match Other HUO Funds Other Federal Share State Share LocaVTribel Share Other Program Income Roach Traps (cases) 35.00 110.00 4.200.00 (E 4.200.00 Carbon Monoxide Monitors 4 Office Supplies (S50//month) 3400 50.00 1•500.00 a 1,500.00 3o0.00 Lead Testing materials (per unit) 400.03 3.0e t* 1.404o r1 A0, MOD 1•3r8.40 Cleaning kits 480.00 2.50 101.2oc.00 p00 IV Outreach materials 000.00 1.00 too.00 !al 300.00 300.00 Training materials (per braining) +2.00 100.00 1.200.00 :1 100000 200.00 Subtotal - Consumable Supplies '`iNi s%s Y:17,U1 Y<.:'' +' 15.211.40 ` 12,945.00 90.00 2.176.40 0.00 0.00 0.00 0.00 0.00 5b. Non -Consumable Materials Quantity Unit Cost *i 1<•. ."s Estimated Coat HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaVTribal Share Other Pt aDram Income D.00 ,i: 000Y_ 000), 0.. '41' 0.00 :(i 0..a Subtotal -lian-Consumable Materials `%;;'%'>s:";zf%':A%V..'!;": .:; 0.00 tO 0.00 S 000 000 0.00 0,00 0.00 0.00 0.00 Total Supplies and Materials Cost ; E %£!i. ii i, ;L?< s;c $ : 15,211.40?,,3. 12,945.00 90.00 2.176.40 0.00 0.00 0.00 0.00 0.00 6. Consultants (Type) Days Rate per Day If Estimated Coati,Cosee, HUD Share Applicant Match Other HUO Funds Other Federal Share State Share Weal/Tribal Share Other Program Income 0.00 ";o 0.00 fit:; 0.00 ;';,ci 0.00 SY< 0.00 1 0.00 i Total Consultants Cost ))'"%fiR %>i?s: rs ....., 0.00:; 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7. Contracts and Sub -Grantees (List Individually) Quantity Unit Cosi I. Estimated Cost i : HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaUTribal Share Other Program Income Lead sample analysis 2.290.00 1500 33.750.00 10,Do0.00 17,790.00 Promoloras (12 per month for 34 months) 100 4.40e.00 14.608.00,.0 140000 0.00 0.00 *> Total Subcontracts Cost E:1>;;..;gs:!�::<-:.t;:@�s;*;;3__ 48.438.00 �,t••,4 30.68e.00 0.00 17,750.00 0.00 0.00 0.00 0.00 0.00 3 form H1)0.42449W (2/2003) Grant Application Detailed Budget Worksheet Detailed Description of Budget • • 8. Construction Costs 8a. Administrative and legal expenses Quantity Unit Cost Estimated CostW HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Loralanbal Share Other Prograrn ' Income e?' e.00 0.4 .... 1.4 0.03 000 ta 0 CO Subtotal - Administrative and legal epernses tWil;•i',-M::,..iT? ,,...0.4,;:..,.,,,.04r.........,......::::,e,.t.:-4 0.00 M 0.00 0.00 0.00 0.00 0.09 0.00 0.00 0.00 8b. Land, structures, rights -of wey, appraisal, rite QuantiV Unit Cost ',i,U Estimated CostM HUD Share Applicant Match Other HUO Funds Other Federal Share State Share LocalfTribal Share Other Program Income. olio i*: ace r,.,,, 0.00 3:1 0.00 L Subtotal • Land structures, rights -of wa_y, ... 0,,.4.<4,.:.:.,...........,,,:...c.:...,.,::-:.: a 00 iT;. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8c. Relocation expenses and payments Quantity Unit Cost ..:.:3 g% Estimated CostLO% HUD Share Applicant Match Other HUO Funds , Other Federal Share State Share LocalfTribai Share Other Program Meanie 0.00 4 „i.4 o.00 Os o.00 N5 -- - o.00 ??.• Zr- 000 • Subtotal - !Relocation expenses and payments ,,IMeiV.;07.1D:NiMi::ii.1. ..?:. 0.00 N:i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8d. Architectural and engineering fees Quantity Unit Cost ..M Estimated Coati:l. HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Locarrbal Share Other Program Income 0.30-rh OA o.o) 41:3 0.00 in 0.00 Subtotal - Architectural and engineering fees ,A;:;,;,;:::;,.!r,:..4,t; -.:•;:,;-:.:...::..;,,;';;-:.•-•<3;:.....:::,:,..:.:..,,,..-. 0 00 ,•::', 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 Be.. ther architectural and engineering fees Quantity Unit Cost Estimated Costi',.i HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Locarrlbal Share Other Program Income _ coo i.„,...s:•(,, °co *ft'. 0.00 0.00 Subtotal - Other archlechrral and engineering fees .•(.::.:0...,F,w1-ii: IN.,,.j.ngi.4 0.00 ;;••;- 0.00 0.00_ 0 00 . _ 0.00 0.00 0.00 - an 1,11A-ftlV1/11 0.00 t 7111,1% 0.00 4 Grant Application Detailed Budet Worksheet 131. Project Inspection fees QuentIty Unit Cost !hiMatch Estimated Cost& HUD Share Applicant Other f HUD Funds Other Federal Share State Share Locatfiribal Share Other Program Income cm a ace O. ' ore it Subtotal • Project inspection tees i-.;.:.ag.?:..!WJ'.: T.igi-:'. 0.00 >:*r?! ..... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Sg. Site work Quantity Unit Cost 4; It Estimated Coseit, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program income o.00 14 0.00 i..0 Subtotal - Ske work ;:',;:k?-0i.,;il'iWW.i;.'.W.:.% 0.00 n% .i..? 0.00 0,00 0.00 0.00 o.00 0.00 -0.00 0.00 eh. Demolition and removal Quantity Unit Cost -,;.,...: Estimated Costs%,31, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 4.00 000 -.. 0.00 Subtotal - Demolition and removal %%-..g:.i..,gi. i;Mgg':';:g;i; V., 0.09 ,?.t .... 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ei. Construction Quantity Unit Cost Estimated Cos0i,..: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Q'C'° 4:- 0.00 d; amp; Subtotal - Construction liaritA. -..•.5q.E.M.;',.; 0.00 4.4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 114, Equipment QuantiW Unit Cost Estimated Costi HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Loosiffiibal Share Other Program Income D.00 A 0.00 1 00 ;."4'sji i:S. 0.00 .4,1:: Subtotal • Equipment jiK;MI:..%04:al.aiti o.oa i0 • ,. 0.00 0.00 0.00 0.30 0.00 0.00 asao , 0.00 8k. Contingencies Quantity Unit Cost oh 0 0: Estimated Cost0 .iHUD Share 0,!.73 Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share 1 Other Program income OM tpg 0-50 g4 0 oo C::•%,:,: • :,:!:::•. Subtotal • Contingencies ..,.4.!3454M.M::?.%.4.iTi;;. 0.00 :i..i;',; 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 81. Miscellaneous Quartft Unit Cost : et 4, Estimated CostHUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tdbal Share Other Program Income a co A 6.00 Subtotal - Miscellaneous 904 . **0 0.00 :1!. 0.00 0.00 0.004 0.00 0.00 0.00 0.00 0.00 Total Construction Costs :::.r.;1/.'.0/...• • -.- •N::?%ilvi...w 0.00 w 0.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 0 sorn ,IUD-424-caw (2a00.3) Grant Application Detailed Budet Worksheet 9, Other Direct Costs Ouantibr Unit Cost .f. Estimated Coati4 HUD Share Applicant Match Other HUD Funds Other Federal Share State Share LocaVTribal Share Other Prograrn Income Item .q., o oo 1 .. sop 000 ,..,..,.. .030 3. .v)... 03,3, 000 - ..,* — .co ., 000 a .. 000 2 t--- 0.00 M 0 ,0 :...:,i . 000' Total Other Direct Costs 'i%:,V."40..aSirsg.%.1ggiiP 0 00 .W.i 000 000 000 o.oc 000 osoo a oo 0. Subtotal of Direct Costs litaligiAgfiOsql 206,836,30 i iti 180,344.40 12,81723 33.6r4.69] 0.00 0.00 0.001 0.00 0.00 10, Indirect Costs Rate Base •ii:;•,, iM ....;.1:-. Estimated CoaM,i HUD Share Applicant Match Other HUD Funds Other Federal Wars State Share local/Trital Share Other Program ncome Type ....V 14 Overhead C22 I0a2s6.x 35,322 212 .k...1 26.913.81 2.166 00 3.661,00 ° °° teS 0 00 (4 0 30 0.004 000 Total Indirect Costa I440:11i Ogg4l'7, 35.322.62 Ili 28.9.1382 ,..a: 2.838.00 3.531.00S, 0.00 0.00 0.00 0.00 0.00 Total Estimated Costs i...0; 001ViMUSli. 242,159.12 ''.,'S 1e9.258.30 15,675.23 37225-59_ 0.00 0.00 0.00 0.00 0.00 0 fonn MUD 424•CIAN (202003) Grant Aaplication Detailed Budget Worksheet OMB Approval No. 2501.0017 (Exp. 01 /31 /2008) Detailed Description of Budget Analysis of Total Estimated Costs Estimated Cost Percent of Total 1 Personnel (Direct Labor) 110,784,96 45.75% 2 Fringe Benefits 29,911.94 12.35% 3 Travel 2,490.00 1.03% 4 Equipment 0.00 o.00% 5 Supplies and Materials 15,211.40 6.28% 6 Consultants o.00 o.00% 7 Contracts and Sub -Grantees 48,438.00 20.00% 8 Construction 0.00 0.00% 9 Other Direct Costs 0.00 0.00% 10 Indirect Costs 35,322.82 14.59% Total: 242,159.12 100.00% HUD Share: 189,258.30 78.16% Match (Expressed as a percentage of the Federal Share): 15,675.23 8.28% 1 7 form HUD-424-CBW (2/2003) RESOLUTION 2005 — 252 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ENVIRONMENTAL HEALTH COALITION IN THE AMOUNT OF $189,258 TO PROVIDE OUTREACH FOR HEALTHY HOMES INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT WHEREAS, the City desires to employ a contractor to provide outreach for Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant; and WHEREAS, the City has determined that Environmental Health Coalition is a non-profit corporation, and is qualified by experience and ability to perform the services desired by the City, and Environmental Health Coalition is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Environmental Health Coalition in the amount of $189,258 to provide outreach for Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. ATTEST: Mic -el R. Dalla City Clerk APPROVED AS TO FORM: George 1-T:'Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 6, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, Califomia 4 City Clerk of the Cify National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-252 of the City of National City, California, passed and adopted by the Council of said City on December 6, 2005. City Clerk of the City of National City, California By: Deputy Z001?1 (6006 '0N flor ) Assistance Award/ Amendment 6T : bT .IHZ 600Z/Z7./T0 U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument rCooperative Agreement T. Instrument Number .ALHH0145-05 7. Name and Address of Recipient City of National City 1243 National City Blvd. National City, CA 91950 Grant 4. Amendment Number 2 2. Type ofAction ❑ Award 5. Effective Date of this Action November 1, 2008 EgAmendment 6. Control Number 8. HUD Administering Office HUD, Office of Healthy Homes and Lead Hazard Control 451 Seventh Street, SW Roots 8236 Washington, DC 20410 8a. Name of Administrator Cherita D. Hammond 10. Recipient Project Manager James Ridley 11. Assistance Arrangement ® Cost Reimbursement ❑ Cost Sharing ❑ Fixed Price 12. Payment Method ❑ Treasury Check Reimbursement ❑ Advance Check Ej Automated Clearing House 8b. Telephone Number (202) 402-7583 9. HUD Govemment Technical Representative GTR - Karen Griego-West, (213) 534-2458 13. HUD Payment Office CFO Accounting Center Administrative Accounting Division, 6AFF P.O. Box 901013 Fort Worth, TX 76101 14. Assistance Amount Previous HUD Amount $996,495.00 HUD Amount this action $0.00 Total HUD Amount Recipient Amount $996,495.00 $434,585.00 15. HUD Accounting and Appropriation Data 15a. Appropriation Number 15b. Reservation Nunober 865/60174(FY05) LHHOS-11 (FY 05) Amount Previously Obligated $996,495.00 Obligated by this action $0.00 Total Instrument Amount 16. Description Employer Identification Number: EIN 95-6000749 This grant modification is Issued to: 1 Fxtend the Period of Performance for. 6 months - to end on May 30, 2009. duce the number of units to be assessed to receive healthy homes interventions (froth 480 to 300) 37Thange of Key Personnel to: Project Director - Alaedo Ybarra, 1 O% • Program Manager - James Ridley, 25% • Program Coordinator - To Be Hired 100(A 4. Boxes 8, 8a and 9, of the HUD form 1044, are changed as stated above. Special Conditions: 1. The City will report strategies on how they will expedite its healthy homes intervention activities process from assessment to clearance. 2. Ridley, Program Manager, will commit 75% on the grant until the full time Program Manager is hired. 3. The City will report the outcome of hiring new staff- with updates on how new hires will speed up tracking and moving cases system. 4. The City will continue to submit weekly progress reports to GTR/OI4HLHC including the following: • Total completed twits • Total completed evaluations • LOCCS Draws • Status of Special Conditions stated above. $1,431,080.00 Total Obligated Progranx LBA If special conditions of this Grant Amendment are not satisfied - the grant will terminate immediately. $996,495.00 tluough the 1f special conditions of this Grant Amendment are satisfied - HUD win then consider extending the remaining 6-months of the 12 tnonth no -cost extension request - to end October 31, 2009 ALL OTHER TERMS AND CONDITIONS OF THIS GRANT AWARD REMAIN UNCHANGED. Number of Units for Clearance: 300 Period of Performance is November 1, 200$ through May 30, 2009 17. Recipient is required to sign and return three (3) copies of 18. Recipient is not required to sign this document. this document to the HUD Administering Office. 19. Rec'„ �t (By N J V► 14 Sign ous are obsolete C �r Aki Di( late• 20. HUD (By Name): Cherita D. Hammond, Grant 0 Siggytt 44c Title cer Date: L I�j1 a form HUD 1 (8/90) ref. Handbook 2210.17 Zaa bhZ'ON 98Zt7922619T6 - DH-1HH A0 dd0 ET:8T 600E/ZZ/TO AMENDMENT TO TIIE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN LUNG ASSOCIATION OF CALIFORNIA THIS AMENDMENT modifies the AGREEMENT (the "AGREEMENT") previously entered into on the 5th day of June 2007, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the American Lung Association of California, a California nonprofit corporation (the "CONTRACTOR"). Modifications to the AGREEMENT include a revised, interim Scope of Services (Exhibit A) and a revised, interim Length of Agreement (Exhibit C). This AMENDMENT does not change the not -to -exceed contract value of $176,550.53 or the matching funds requirement of $7,017.66. There is a sufficient contract balance remaining in the AGREEMENT after projected costs through the original AGREEMENT termination date of October 31, 2008 to provide funding through the contract extension term based on budget details provided by the American Lung Association related to the modified Scope of Services. Based on submitted invoice analysis, there will remain approximately $14,000 to expend at an approximate rate of $6,500 per month, per ALA proposed budget, for the revised Scope of Services. Subsequent Contract Modifications which will add additional funding and will add additional time of completion will be executed prior to the full expenditure of the above referenced funds to allow for ALA's continued participation in the Healthy Homes Demonstration Project Contract Term Extension granted by HUD. In accordance with the above, the AGREEMENT is amended by amending Exhibit "A"(Scope of Services) and Exhibit "C" (Length of Agreement) to provide vas follows: EXHIBIT A MODIFIED SCOPE OF SERVICES (interim extension) During this interim extension period, the American Lung Association will provide one full time Asthma Coordinator to assist the National City Healthy llomes Demonstration Project "Team in achieving the revised goals of assisting 300 families with assessments, environmental action plans and healthy lifestyle education and follow up. The Asthma Coordinator will work cooperatively with other team members from the Environmental Health Coalition and City of National City staff in areas of scheduling and attending home visits and in the timely provision of data for maintenance of client files and the project database. Generally, the services will include: • Coordinated scheduling of initial home assessment visits to help provide initial environmental assessments and conduct specific asthma related assessments when required • Conducting the assessments both individually and with team members as required to meet the project's weekly and monthly goals • Assistance with reviewing environmental assessment results and developing specific Environmental Action Plans with EHC staff • Reviewing all cases with prior ALA involvement to determine which ones need the "Three Month" follow up visits and schedule and execute the visits. • Provide all completed task documents to EHC staff at the EI-IC office each day • Attendance at the weekly NC Healthy Homes partners meeting • Provide a weekly "outline" report on the Asthma Coordinator's specific tasks to City staff on Wednesday for the period from Thursday to Wednesday each week. This will allow City staff to provide the required weekly progress reports to HUD. • Provide detailed monthly reports on program tasks/results by the 15th of each following month so City staff can provide HUD with required monthly and quarterly reports. EXHIBIT C LENGTH OF AGREEMENT • The Length of the Agreement shall be extended to February 13, 2009. With the foregoing exceptions, each and every provision of the Agreement dated June 5, 2007 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on CITY OF NATIONAL CITY AMERICAN LUNG ASSOCIATION OF CALIFORNIA (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) By: By: Ron Morrison, Mayor Laura Boudreau Chief Operating Officer By: Glenn Maddalon Regional Vice President APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT Noir MEETING DATE February 3, 2009 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA TO PERFORM ASTHMA EDUCATION SERVICES DURING AN EXTENDED AGREEMENT PERIOD FROM NOVEMBER 1, 2008 TO OCTOBER 31, 2009 AS GRANTED BY HUD TO THE CITY FOR THE HEALTHY HOMES DEMONSTRATION PROJECT. ADDITIONAL FUNDS FROM THE TAX INCREMENT FUND OF $51,792 WILL BE REQUIRED TO AUGMENT EXISTING GRANT FUNDS. PREPARED BY DEPARTMENT Jim Ridley, (ext. 4266) Community Development aV EXPLANATION On November 1, 2005 the City of National City was awarded $996,495 in grant funds from the U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes and Lead Hazard Control to perform Healthy Homes Inspections in the area west of 1-805. The Healthy Homes Inspection includes: a structural housing inspection, an environmental hazards assessment, and testing/sampling for mold and moisture, lead, carbon monoxide, and cockroaches. The City entered into an agreement on June 5, 2007 (Resolution No.2007-114) with the American Lung Association (ALA) to perform the environmental assessments and asthma education for this grant. The original grant term expired on October 31, 2008. The City successfully pursued and received a "no additional funding" grant extension on November 5, 2008 to allow the City and the Healthy Homes program partners to continue to pursue the goals of the grant and further assist the residents of National City. The City would like to now enter into an amended agreement with the American Lung Association of California (ALAC) to continue to perform services as detailed in their newly revised agreement. The term of the agreement with ALAC will begin retroactively on November 1, 2008, and will end on October 31, 2009, provided that either the City or ALAC has the option of cancelling the agreement upon 60 days' written notice. HUD reserves the right to end the extension on May 30, 2009 if the special conditions of the extension are not satisfied. Because of financial concerns, ALA was inactive on the grant from November 1, 2008 to January 6, 2009. Pursuant to the original agreement and this extension, ALAC would receive $228,342 for their services of which $176,550 is from HUD grant funds and $51,792 will come from City sources (i.e. Tax Increment). The agreement contains the customary provisions requiring the consultant to carry insurance, and to indemnify the City for acts of negligence in the performance of the agreement. Environmental Review N/A Financial Statement Approved By: Account No. ance Director Establish appropriations in the amount $51,792 in Expenditure Account #294-445-462-299-0000. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. `` e 1. Original Agreement 2. HUD Award Amendment 3. Amendment to Original Agreement 4. Resolution �R-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA IN THE NOT TO EXCEED AMOUNT OF $228,342 TO PERFORM ENVIRONMENTAL AND ASTHMA EDUCATIONAL SERVICES IN CONJUNCTION WITH THE HUD HEALTHY HOMES DEMONSTRATION PROJECT WHEREAS, the City desires to continue its relationship with the American Lung Association to provide environmental and asthma educational services for the HUD Healthy Homes Demonstration Project; and WHEREAS, the City has determined that the American Lung Association of California has satisfactorily complied with the terms of the original agreement dated June 7, 2007, and is willing to continue to perform such services during the extension period of November 1, 2008 through October 31, 2009, for the HUD Healthy Homes Demonstration Project for the not to exceed amount of $228,342 which covers the original contract term and any and all additional length of service as specified in the HUD Grant Amendment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the original Agreement dated June 7, 2007, with the American Lung Association of California to provide environmental and asthma educational services for the HUD Healthy Homes Demonstration Project for the not to exceed amount of $228,342, of which $176,550 will come from HUD grant funds, which `ii..► covers the original contract term and any additional length of service as specified in the HUD Grant Amendment. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT - BY AND BETWEEN - THE CITY OI+ NATIONAL CITY AND AMERICAN LUNG ASSOCIATION OF CALIFORNIA THIS AGREEMENT is entered into this 5th day of June 2007, by and between the CITY OF NA"I'IONAL CITY, a municipal corporation (the "CITY"), and the American Lung Association of California, a California nonprofit corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Healthy 1=lomes Environmental Assessments. WI-IEREAS, the CITY has determined that the CONTRAC"I'OR is a California nonprofit corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF' CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all tents and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Rosemary Toscano hereby is designated as the Project Manager for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Lorna Hardin thereby is designated as the Project Director for the CONTRACTOR. 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 June 26, 2007 Ms. Lorna Hardin Associate Program Director American Lung Association of California 2750 4th Avenue San Diego, CA 92103 Dear Ms. Hardin, ;,16 RECEIVED JUN 2 6 2007 On June 5, 2007, Resolution No. 2007-114 was passed and adopted by the City Council of the City of National City, authorizing execution of agreement with American Lung Association of California. We are enclosing for your records a certified copy of the above Resolution and a fully executed agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: gat�iVIa'> ® Recycled Paper 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall `14r. - include labor classifications, respective rates, hours worked and also materials, if any: The total -cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the Project Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY and provided that all the required supporting documentation has been submitted with the invoice (reimbursement request). y.. The CON'TRACI'OR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as. contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR. from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 3 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint —venturers- -one another. Neither- the CONTRACTOR nor the CON'I'RACT_OR.'. S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The Parties, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that ate legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval' which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. v B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been -debarred by a governmental- -agency or involved in debarment, arbitration or- Litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; (iv) is required to be disclosed to a third party by law; or (v) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. 5 The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION ANI) HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CITY's negligent performance of this Agreement 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at Its sole cost and expense, shall purchase and maintain, and shall require Its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies, or programs of self-insurance: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits at $1,000,000 per occurrence. B. Automobile insurance covering alt bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of - — $1,000,000 combined- single limit per occurrence;- covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CON'IRACI'OR's employees. E. "I'he aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, but only to the extent that the liability arises from the acts of CONTRACTOR and its officers, employees, and volunteers. Any other policies held by the CITY shall not contribute to any loss under said insurance, except to the extent said loss is caused by the CITY, its officers, employees, and volunteers. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage (or three years after expiration of the term (and any extensions) of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full `rr,w force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall he settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the 1 AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the -controversy. The expenses of the arbitration shall be borne equally by the parties to the -arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may he terminated with or without cause by either Party. Termination without cause shall he effective only upon 60-day's written notice! During said 60-day period the Parties shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by either Party for cause in the event of a material breach of this Agreement. C.This Agreement may also be terminated immediately by CITY for misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. D. Termination with or without cause shall be effected by delivery of written Notice of Termination as provided for herein. E. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive compensation as provided in this Agreement for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. F. The CITY further reserves the right to immediately terminate this Agreement upon: (I) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors: or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (I) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (I 0) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or -sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Rosemary Toscano IIUD Grants Specialist City of National City 1243 National City Boulevard National City, CA 91950-4301 Lorna I lardin Associate Program Director American Lung Association of California 2750 4th Avenue San Diego, CA 92103 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. U If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms, which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation at Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically he extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument; C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. L'. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. f 1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NA'TIONAL CITY By: on Morrison, Mayor APPROVED AS To FORM: George H. Eiser, III City Attorney ' AMERICAN LUNG ASSOCIATION OF CALIFORNIA (Corporation • • signatures of two corporate officers) (Partnership • one signature) (Sole proprietorship -- one signature) By: Laura Boudreau Chief Operating Officer g/W,_ Glenn Maddalon Regional Vice President it EXIII13IT A SCOPE OF SERVICES 101. Provide Healthy Homes Environmental Assessments (EA) in 450 low-income homes in National City west of the 805 freeway. a. The American Lung Association of California (AI,AC) will have two (2) asthma coordinators conduct an Environmental Assessments in 450 housing units that have been identified by either National City or by Environmental Ilealth Coalition (EI-IC) as having hazards and that have families that meet the healthy Homes Program's eligibility criteria. b. The EA's to be conducted by ALAC will consist of three (3) in -home visits: 1.) The initial visit, 2.) The 3-month follow-up visit and 3.) The 6-month follow- up/post visit. 1.) The Initial EA Visit The "initial EA" to be conducted by ALAC will be performed in tandem with a National City housing inspector. In cases where the structural inspection and/or sampling and testing has already been performed, the asthma coordinators will perlorm their initial assessment independently. Upon completion of the "initial EA," the asthma coordinator will provide the family with their individualized environmental assessment plan that will provide recommendations for items they themselves can do to reduce health and safety hazards that may be present in their home. In addition, the asthma educator will provide National City with a "Recommendation Summary" listing the specific type(s) of intervention needed to reduce health and safety hazards that were identified during their initial assessment. These recommendations will be incorporated into the program participant's Healthy Homes Environmental Action Plan (EAP), which will be prepared for all 450 program participants. 2.) The 3-Month Follow-up Visit The "3-month follow-up" visit will be performed independently by the asthma coordinators. The "3-month follow-up" will be conducted to evaluate the effectiveness of the individualized environmental assessment plan provided to the family after the initial EA. During this visit the asthma educators will administer reinforced education (if needed), answer questions, and/or provide the family with referral information. EXHIBIT A SCOPE OF' SERVICES (continued) 3.) The 6-Month Follow-up/Post Visit Once again the "6-month follow-up" visit will be performed independently by the asthma coordinators. "Phis final visit will provide the asthma educators one last opportunity to assist families with the implementation of their individualized environmental assessment plans. In addition, during this final 6-month follow-up visit, if the recommended intervention work (as noted in the program participant's Healthy Homes EAP) has been competed, the asthma coordinators will assist both National City and EIiC; in administering the post evaluation. The post evaluation is will assist the City of National City, the program partners, and HUD to assess the overall effectiveness of the Healthy I lomes Demonstration Grant Program. c. If it is determined by the ALAC Asthma Coordinators that there is a child under the age of 72 months with asthma, the family will be referred to area asthma education programs. The EA administered by the asthma coordinators for this program; however, will provide families with education related to asthma symptoms and triggers, tips for reducing or eliminating the triggers, and referrals for accessing health care. Families without health insurance will be referred to appropriate agencies and/or community clinics for evaluation and assistance in applying for available insurance programs. d. The Asthma Coordinators will assist in collecting and processing data for program related health outcomes for each program participant. This information will be reported to National City at 6 months, 12 months and at the end of project. 102. American Lung Association of California project staff will attend monthly National City Healthy Homes Project partner meetings. These meetings are mandatory and critical for the exchange of information and completion of objectives. 103. American Lung Association of California staff will provide monthly progress reports by the due date assigned by the National City healthy llomes Project Manager. /3 American Lung Association of San Diego and Imperial Counties Detailed 1-Year Budget Worksheet ATTACHMENT 2 Name and Address of CONTRACTOR: American Lung Association San Diego Office Ave. — 92103--- of.C.alit.Ofwla, 2750 Fourth San Diego, CA Category 1. Personnel (Direct Labor) Estimated Hours Rate per Hour Estimated Cost HUD Share I ocal Share Program Director (0.15 FTE) Asthma Coordinator (1.0 FTE) Asthma Coordinator (1.0 FTE) 414 2,763 2,763 276 $33.60 $19.49 $20.51 $16.41 .__ $13,910.40 $53,850.87. $56,669.131 $13,910.40 $53,850.87 $4,529.16 ---- $4,529.16 - - ---- $56,669.13 $124,430.40 Administrative Assistant 0.10 F TE $4529.161 -._ Total Director Labor Cost $128,959.561 2. Fringe Benefits Rate (%) Base Estimated Cost HUD Share Local Share 21.80% 128,959.56 $28,113.18 $987.36 Total Fringe Benefits Cost $28,113.18 $27,125.83 3. Travel Mileage Rate per Mile Estimated Cost HUD Share Local Share 3a. Transportation - Local Private Vehicle 15,300 $ 0.485 $7,420.50 $7,420.50 - , I _ _.,� '�c , - $7,420.50 Subtotal - Trans - Local Private Vehicle $7,420.50 lb. Transportation - Airfare Trips Fare a Y 7'.r: Estimated Cost ::.1— HUD Share Local Share :. $0.00 Subtotal - Transportation - Airfare i ` % :--�+zf '� rc $0.00 3c. Transportation - Other Quantity Unit Cost Estimated Cost a. I1UD Share Local Share . 1., „ aga — — — Subtotal - Transportation - Other $0.00 h' $0.00 3d. Per Diem or Subsistence (Indicate location) Days Rate per Day ? , Estimated Cost HUD Share Local Share $0.00 Subtotal - Per Diem or Subsistence T- — $0.00 Total Travel Cost $7,420.50 $7,420.50 Estimated Cost ra HUD Share Local Share 4. Equipment (Only items over $5,000 Depreciated value) Ouantity Unit Cost Total Equipment Cost , .. �z' s a $0.0 $0.00 5. Supplies 6 Materials (Items under $5,000 Depreciated Value) ,m_ 5a. Consumable Supplies Ouantity Unit Cost 1100 Share Estimated Cost , local Share AM:f_+ -'- -,,,, f $0-00 -s Subtotal - Consumable Supplies 5b. Non -Consumable Materials aF,, f:,;,,.r_,r - .7-7�,, _ $1,020.00 , ? $1,020.00 $1,000.00 $2,020.00 `,r $2,020.00 — — $935 $935 $935 Office Supplies Supplies _ _-_ Duplicati� $1,000.00�� Cell one Subtotal - Non -Consumable Materials $935 00 $2,955.00i _ _ _ --� oral Supplies and Materials Cost 6/ 1 /2007 American Lung Association of San Diego and Imperial Counties I c Consultants (Type) Days RatelOay }A HUD Share Estimated Cost t. , local Share $0.00 :.- - - - -$0.00 foetal Consultants Cost t;;;�"`,.T 'tit;F:, M 7. Contracts and Sub -Grantees (List individually) Quantity Unit Cost a<,�$$ HUD Share � h PO Estimated Cost I oc jl Share :.-.-r ? 2.�s ,l i:,0i, Ffs Total Subcontracts Cost $0.00, 8. Construction Costs Ouantity Unit Cost v, IIUf) Share Estimated Cost 0. Local Share 1. 4-t53y+'',4 ` 7i-g- $0.00 Total Construction Costs ` 9. Other Direct Costs Quantity Unit Cost Estimated Cost 4HUDShare 1 oral Share $0.00 $0.00 Total Other Direct Costs $0.00 Subtotal of Direct Costs $167,448.24 $160,996.73 $6,451.52 Mid 10. Indirect Costs Rate Base Estimated Cost MD Share Local Share 12.5 128,959.56 ti` $15,553.80 $566.15 Total Indirect Costs $16,119.95 Total Estimated Costs ' -st_ 4 S183,568.19 z $176,550.53 $7,017.66 6/ 1 /2007 EXI I I BIT B COST SCIIEI)ULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of ONE HUNDRED SEVENTY-SIX THOUSAND FIVE HUNDRED AND FIFTY DOLLARS AND FIFTY CENTS ($17.6,550.50) in Federal Funds. Contractor's leveraged funds in the form of in kind services have been pledged in the amount of SEVEN THOUSAND SEVENTEEN DOLLARS AND SIXTY-SIX CENTS ($7,017.66). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in "Exhibit A" may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit A and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement (Attachment 1), this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) Describe the services performed in detail, 2) Indicate the amount of federal and leveraged funds charged by line item on Attachment 2, and 3) Include adequate and appropriate support documentation for the expenses claimed. 1" EXIIIBIT C LENGTJI OF ACRE+:EMENT 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on October 31, 2008. 06/(15/!(7b/ 11:44 '31bti'' bbj/ r,-'c tic ACCRD CERTIFICATE OF LIABILITY INSURANCE OP ID LB DATE (MMIOD/YYYY) ALAO-53 06/05/07 LTR PRODUCER SCS Agency, Inc O. Box 220493 Grace Avenue - Suite 300 -eat Neck. NY 11022-0493 Phone:516-466-6007 Fax:516-829-5857 INSVRED ALA Of California 424 Pendelton way Oakland CA 94621 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 THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE __ 1 NAIL INSURER A: P:311.3.1pb1.6 T'n.,“.n..e Conpsoy 18058 INSURER IT INSURER C: INSURER D: INSURER E. COVERAGLS THE POLICIES OF INSUITANCE LISTED BEtOW IIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE() NOTWITHSTANDING ANY RECUREMENT. 1 ERM OR CONDI I FON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OE ISSUED OR MAY PTRTAIN. THE INSUPANCE AFFOIu1t-D BY THE POI TINES DESCRIDED HEREIN rs SUBJECT TO AL L THE TERMS, EXCLUSIONS AND CONOMON6 OF SUCH POLICES. AGGREGATE LIMITS SHOWN UAY HAVE BEEN REDUCED BY PAID CLAIMS. _.__... -. 6bi-ICYEi'FELTIUE- PtJLTCV-E')CpTRAT10Fi TYPE OF INSURANCE POLICY NUMBER I DATE (MM/DONY1 DATE (MM/UD/YY1 O. ' NSRI GENERAL LIADMY A X X COMMERCWL GENERAL LIABILITY (:IAIMSMADE, L_J OCCUR Professional Liab GENT. AGGREGATE LIMIT APPLIES PER. � POLICY L E-r [ BLOC AUTOMOBILE UADU ITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OW NED AUTOS GARAGE LIA131L)TY ANY AUTO PFIPK176836 $1,000,000 P1[PIC176836 07/01/05 07/01/06 EXCESS/UMRRELLA LLADILLTY JOCCUR ri CLAIMS MADE DF-.DUCTIDI E RETENTION 3 07/01/07 IMITS EACH OCCURRENCE STAVE 1 U REMELT (Ea rxcurence) MED EXP (Any one por.4n) 31,000,000 s 100, 000 s 10,000 PERSONAL a ALAI INJURY S 1, 000 , 00 0 GENERAL AGGREGATE 53,000,000 PRODUCTS-COMP,OPAGG S 3,000,000 07/01/07 COMBINED SINGLE. LIMIT (FA ecr-Iden1) BODILY INJURY (Per person) BODILY INJURY (Per ecldent) PROPERTY DAMAGE (per accident) s1,000,000 S i AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY. AGG WORKERS COMPENSATION AND EMPLOYERS' LLABILITY ANY PROPRIET OFR/PARTNER'EXF CLITTVE OFFICER/MEMBER EXCLUDED? II yes describe under SPECIAL PROVISIONS Delow OTHER DESC RE nw AD BY EACH OCCURRENCE AGGREGATE S 5 5 S grA17L . 70RY L IMNTS L� ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPL DYES E.L. DISEASE . POLICY LIMIT RIVTION OF OPERATIONS ( LOCATIONS / VEHICLES / EXCLUSIONS ADDED 8Y ENDORSEMENT I SPECIAL PROVISIONS GRANT :TIN RESPECT TO GENERAL LIABILITY, CITY of NATIONAL CITY IS NAMED AS )ITIONAL INSURED UNDER BLANKET ADDITIONAL INSURED ENDORSEMENT AS REQUIRED WRITTEN CONTRACT" S S S CERTIFICATE BOLDER CANCELLATION CITY OF NATIONAI. CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 ACORD 25 (2001/08) CITYOFN / 8 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF', THE ISSUING INSURER WILL ENDEAVOR TO 30 _ DAYS WRTTT EN NOTICE TO T11E CERTIFICATE 1101 DER NAMED TO TH BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY K RPPRESENTATTVE$. AUTHORIZED Fit -PRESENTATIVE ON TIIE INSURER, ITS AGENTS OR ©ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID F4 AMER-52 DATE (MM/DD/YYYY) 06/08/07 PRODUCER (SF) Heffernan Insurance Brkrs Howard Street, Suite 550 'rancisco CA 94105 Ph ne:415-778-0300 Fax:415-778-0301 INSURED American Lung Assoc. of CA Nedka Manolski Controller 424 Pendleton Way Oakland CA 94621 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 THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSIJREFTA EVEREST NATIONAL INS. CO. IN SUHEI1 C INSURER D_.._ ._... .._ _ _ .. -... .... INSURER F NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR IRE POI ICY PERIOD INDICATED. NOTWIT IISTANDING ANY REQUIREMENT, TERM OFT CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE.D OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OF. SCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS. EXCI USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN Fir DUCFD BY PAID CLAIMS OWL I POLICY EFFECTIVE POLICY EXPIRATION NSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/OD/YY) DATE (MM/OD/YYL 'tire LIMITS GENERAL LIABIUTY 1 E ACH OCCURRENCE DAMAGETOTTENTUT -- COMMERCIAL GENERAL LIABILITY NOT APPLICABLE PREMISES (Ea occurence) CLAIMS MADE - ] OCCUR MED EXP (Any one person) GEN-L AGGREGATE LIMIT APPLIES PER: - POLICY l 1 JECT 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCI IEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS NOT APPLICABLE GARAGE LIABILITY ANY AUTO NOT APPLICABLE PERSONAL ES ADV INJURY GE NETIAL AGGREGATE PRODUCTS - COMP/OP AGG EXCESS/UMBRELLA LIABIUTY OCCUR I _ J CLAIMS MADE DEDUCTIBI E RETENTION $ NOT APPLICABLE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXFCLITIVE OFFICER/MEMBER EXCLUDED? 11 yes, describe under SPECIAL PROVISIONS below 6600000037061 OTHER NOT APPLICABLE 07/01/06 COMBINED SINGLE LIMIT (Fa accident) BODILY INJURY (Per person) BOOR Y INJURY (Per accident) PROPERTY DAMAGE. (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONl Y. AGG EACH OCCURRENCE AGGREGA FE XrIPP7STATU71— IT I TORY LIMITS I ( ER; 07/01/07 EL EACH ACCIDENT F_ 1 . DISEASE EA EMPLOYEE E t DISEASE • POI ICY LIMIT $1000000 $1000000 $1000000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Evidence of Insurance. *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION NATIONS City of National City 1243 National City Blvd, National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 10 DO SO SHALL IMPOSE NO OBLIGATION OR LTABILFIY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR f4 NATIVE ACORD 25 (2001/08) Cc) ACORD CORPORATION 1988 /7 RESOLUTION NO. 2007 - 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE AMERICAN LUNG ASSOCIATION OF CALIFORNIA IN THE NOT TO EXCEED AMOUNT OF $176,550.53 TO PERFORM HEALTHY HOME INSPECTIONS IN THE TARGET AREA WEST OF 1-805 FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM WHEREAS, the City desires to employ a contractor to provide Healthy Home Inspections in the target area west of 1-805 for the HUD Lead Hazard Control Grant Program; and WHEREAS, the City has determined that the American Lung Association of California (ALAC) is qualified by experience and ability to perform the services desired by the City, and the ALAC is willing to perform such services for the not to exceed amount of $176,550.53. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with American Lung Association of California to provide Healthy Home Inspections in the target area west of 1-805 for the HUD Lead Hazard Control Grant Program for the not to exceed amount of $176,550.53. Said Agreement is on fife in the office of the City Clerk. Passed and adopted this 5th day of June, 2007. 6on Mo2L ATTEST: i or_24,4,6 Mich el Dalla, City 1erk APPROVED AS TO FORM: George H. E er, III City Attorney t„a - rrison, Mayor Passed and adopted by the Council of. the City of National City,. California, on June 5, 2007 by the following vote, to -wit: Ayes: Councilmembers Natividad, Parra, Ungab, Zarate. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the City of ational City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-114 of the City of National City, California, passed and adopted by the Council of said City on June 5, 2007. City Clerk of the City of National City, California By: Deputy 3. I VvvI J , •VVV Vl�l Assistance Award/ Amendment uvt r{•r1 111LL 0VV-.r44/1.0 U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. Tyne of Action [1 Cooperative Agreement ', Instrument Number iiiisetLHH0145-05 _ Grant - 4. Amendment Number 2 ❑ Award 5. Effective Date of this Action November I12008 Amendment 6. Control Number 7. Name and Address of Recipient City of National City 1243 National City Blvd. National City, CA 91950 8. HUD Administering Office HUD, Office of Healthy Homes and Lead Hazard Control 451 Seventh Street, SW Rootn 8236 Washington, DC 20410 8a. Name of Administrator Cherita D. Hammond 8b. Telephone Number (202) 402-7583 10. Recipient Project Manager Jaynes Ridley _ 9-HUD Government Technical Representative GTR - Karen Griego-West, (213) 534-2458 11. Assistance Arrangement 4 Cost Reimbursement ❑ Cost Sharing ❑ Fixed Price 12. Payment Method ❑ Treasury Check Reimbursement ❑ Advance Check j Automated Clearing House _ 13. HUD Payment Office CFO Accounting Center Administrative Accounting Division, GAFF P.O. Box 901013 Fort Worth, TX 76101 14. Assistance Amount Previous HUD Amount 3996,495.00 15. HUD Accounting and Appropriation Data 15a. Appropriation Number 15b. Reservation Number HUD Amount this action $0.00 865/60174(FY05) J LHH05-11 (FY 05) Total HUD Amount $996t495.00 _ Amount Previously Obligated $996,495.00 Recipient Amount $434,585.00 Obligated by this action 30.00 Total Instrument Amount $1,431,080.00 Total Obligated $996,495.00 16. Description Employer Identification Number: E1N 95-6000749 This grant modification is Issued to: 1_ Rxtend the Period of Performance for: 6 mouths - to end on May 30, 2009. 2, luce the number of units to be assessed to receive healthy homes interventions (from 480 to 300) 3',IVIcange of Key Personnel to: Project Director - Althdo Ylrarra, 10% • Program Manager - lames Ridley, 25% • Program Coordinator - To Be Hired 100% 4. Boxes 8, 8a and 9, of the HUD form 1044, are changed as stated above. Special Conditions: l . The City will report strategies on how they will expedite its healthy homes intervention activities process from assessment to clearance. 2. Ridley, Program Manager, will commit 75% on the grant until the full time Program Manager is hired. 3. The City will report the outcome of hiring new staff- with updates on how new hires will speed up tracking and moving cases through the system. t. The City will continue to submit weekly progress reports to OTR/OHHLHC including the following: • Total completed wets • Total completed evaluations • LOCCS Draws • Status of Special Conditions stated above. Program: LBA f special conditions of this Grant Amendment are not satisfied - the grant will terminate immediately. f special conditions of this Grant Amendment are satisfied - HUD will then consider extending the remaining 6-months of the 12 aonth no -cost extension request - to end October 31, 2009 ALL OTHER TERMS AND CONDITIONS OF THIS GRANT AWARD REMAIN UNCHANGED. lumber of Units for Clearance: 300 ertod of Performance is November 1, 2005 through May 30, 2009 17. Recipient is required to sign and return three (3) copies of this document to the /IUD Administering Office, 19. Rec ;Igo t (By Na t4 p44 t1U fr ous e are obsolete r Date• itt127iPs Recipient is not required to sign this document. 20. HUD (By Name): Cherita D. Hammond, Grant 0 Sigrlaprr &Title Date: fits form HUD 1 (8/90) ref Handbook 2210.17 Z04 VVZ'ON 98Z792 619T6 F 9H1HH dO dd0 ZT:8T 600E/ZZ/TO AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ENVIRONMENTAL HEALTH COALITION THIS AMENDMENT modifies the AGREEMENT (the "AGREEMENT") previously entered into on the 15th day of November 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and the Environmental Health Coalition, a California nonprofit corporation (the "CONTRACTOR"). Modifications to the AGREEMENT include a revised Scope of Services (Exhibit A) a revised Base Budget (Exhibit B) and a revised Length of Agreement (Exhibit C). This AMENDMENT changes the not -to -exceed original contract amount from $189,258.31 to $377,317.31. In accordance with the above, the AGREEMENT is amended by amending Exhibit "A"(Scope of Services), Exhibit B (Base Budget) and Exhibit "C" (Length of Agreement) to provide vas follows: EXHIBIT A ENVIRONMENTAL HEALTH COALITION SCOPE OF SERVICES FOR HEALTHY HOMES DEMONSTRATION PROJECT (EXTENSION TERM) `.. During the contract extension tern (November 1, 2008-October 31, 2009), as specified in Exhibit C, the following general performance goals should be met in relation to work previously completed and in coordination with the benchmarks established. The overall goal for the program is 300 completed units, down from 480, including all applications, environmental testing and assessments, documentation, and quality assurance sampling and review. A target number of up to 175 units may need service to augment the 160 units being processed for intervention and completion from prior activities. Outreach and educational contacts to assist in generating the additional units will number 500 for the extension tern and will be supported by seven events and attendance at other community endeavors. The specific tasks that EHC will perform to assist the HH team in achieving these goals include the following: A. Outreach and Education — Environmental Health Coalition (EHC) 1.) Participate in key community events marketing the Healthy Homes program 2.) Provide presentations to schools, health care providers, landlords and local neighborhood groups. 3.) Coordinate a workshop in the fall of 2008 for previously identified participants and landlords to provide them with incentives and information about the various facets of the Healthy Homes Program. 4.) Contact list of landlords/owners of units previously identified via "drive -by" screenings to recruit into participating in the Healthy Homes Program. B. Case Management — EHC 1.) Preparation and maintenance of all case files 2.) Make the Case Files and make sure blank forms are in the case files prior to each inspection. 3. Updating and Maintaining the Healthy Homes Program database 4.) Completing the HUD income calculator and inserting the document into each case file 5.) Completing the Score Criteria Form and ensuring a copy is maintained in the case file. C. Coordination/Collaboration w/the Property Managers - EHC and City of National City(NC) 1.) Upon Agreement from the property owners of the Multi -Family Complexes; collaboration with the property managers will be initiated to recruit the tenants of the complex into the Healthy Homes Program 2.) The Property Manager will be provided an in-depth HH Program Overview 3.) Interested tenants will be scheduled by the property manager and/or EHC for their first in - home environmental assessments D. Initial In -Home Environmental Assessments/Inspections - American Lung Association (ALA) or EHC 1.) During the 1st Visit the tenant will be provided with a program overview and will be given a copy of the "next steps" handout including the educational folder and Healthy Homes Cleaning Bucket 2.) The intake program application will be completed with the participant by ALAC or EHC 3.) The purpose of collecting income verification will be explained to the participant and obtained during this 1st Visit 4.) A HH Survey Tool/Questionnaire (aka in -home environmental assessment (EA) tool) will be administered by ALAC or EHC. 5.) Upon completion of HH Survey Tool; ALAC or EHC will complete the EA Action Plan and copy will be given to the participant 6.) Completion of the asthmatic verification form will be completed (as applicable) to document participant eligibility for mattress covers, pillow cases, and possibility a HEPA vacuum cleaner E. Roach Sampling and Sampling Results - EHC 1.) Coordination of the setting of the roach traps in the units 2.) Four (4) Roach Traps will be set in each unit: two in the bathroom (under bathroom sink and near the toilet), and two in the Kitchen (under the kitchen sink and near or behind the refrigerator) or as deemed appropriate by each participant 2.) Roach results follow-up calls with the participants will be made by the housing assistants 3-5 days later to obtain roach counts from the participants. 3.) The results (counts) of the roach sampling will be noted on the Roach Report by the housing assistants. 4.) A copy of the Roach Reports will be maintained in each case file and the results will be entered in the database. 5.) Units with roaches ranging form low - high levels will be referred to the Pest Control Company. 6.) A copy of the roach report will be provided to Pest Control Company for IPM follow up. 7.) The HH Program Coordinators will work with the Pest Control Company to determine and develop the most appropriate "IPM Plan" for each particular complex 6.) Once the IPM Plan is developed property owners, property managers, maintenance staff and the tenants will be provided training on the proposed IPM Plan. F. At (or before) the Second (90 Day) HH In -Home Environmental Education Visit - ALAC or EHC 1.) During the 2nd Visit provide the participant with the following: ➢ Summary of the Building Inspection Report A copy of the Sampling Results Report which includes: a. Summary of Lead Testing Results b. Summary of Mold & Moisture Results c. Summary of CO2 Results 2.) Follow-up (reinforcement education) on the items checked on the HH Environmental Action Plan 3.) Education on how to prepare a Fire Evacuation Plan 4.) Education on the IPM Plan and IPM Methods and provide the participant with their food storage containers. 5.) Provide referrals/information on available Medical Resources and Social Services available to the participant in the Community. 6.) Gather any missing data needed from the initial process such as income verification, etc. 7.) If the Participant is eligible for asthma supplies provide the following: a. mattress cover(s), b. pillow case(s), and c. Possibility a HEPA vacuum cleaner if unit has carpeting H. Quality Assurance/Quality Control (by ALA or EHC) 1.) After intervention services are completed, conduct quality assurance interviews/reviews using a Quality Assurance/Quality Control tool (in development) to perform a Healthy Homes Program benefit analysis. EXHIBIT B ENVIRONMENTAL HEALTH COALITION BASE BUDGET FOR HEALTHY HOMES DEMONSTRATION PROJECT (BASED ON 12 MONTH EXTENSION TERM) Personnel Salary Fringe Total Campaign Director (.3FTE) $17,983 $ 4,791 $ 22,774 Project Coordinator (.9FTE) $37,974 S 10,300 $ 48,274 Project Associate(.9FTE) $32,760 $ 8,863 $ 41,623 Total Personnel $88,717 S23,954 $112,670 Non -Personnel Travel (local) $ 840 Travel (out of SD County) $ 1,300 Supplies (office & project) $ 6,500 Promotora II (stipends @ 50% time for 2 positions) $ 19,829 Promotora I (stipends @ 12.5% time for 2 positions) $ 4,957 Rent $ 9,150 Telephone $ 718 Utilities $ 600 Total non -personnel $ 43,894 Indirect Expenses $ 31,495 Total Budget $ 188,059 Base Budget Monthly Expense Average $ 15,672 EXHIBIT C ENVIRONMENTAL HEALTH COALITION TERM OF AGREEMENT FOR HEALTHY HOMES DEMONSTRATION PROJECT (EXTENSION TERM) The original term of this agreement was November 15, 2005 to October 31, 2008. The term for the agreement extension, based on the terms of the National City Healthy Homes Demonstration Project HUD amendment, will be November 1, 2008 to April 30, 2009. If HUD believes that the project is moving forward to its satisfaction, as stated in the terms of the HUD amendment, the term will be extended until October 31, 2009. Acknowledgement is given here to the good faith actions beginning on November 1, 2008 prior to the execution date of this agreement by the Environmental Health Coalition to assist with the goals of the Healthy Homes Demonstration Project, the City of National City and HUD based on the revised Scope of Work and Base Budget considerations stated herein. With the foregoing exceptions, each and every provision of the Agreement dated November 15, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on , retroactive to November 1, 2008. CITY OF NATIONAL CITY ENVIRONMENTAL HEALTH COALITION (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Ron Morrison, Mayor (Name) (Title) APPROVED AS TO FORM: By: George H. Eiser, III (Name) City Attorney (Title) 0�6 City of National City, California COUNCIL AGENDA STATEMENT �eETING DATE5 February 3, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council Supporting the Extension of the Proposed California High -Speed Train/Rail System into South San Diego County PREPARED BY Leslie Deese DEPARTMENT Asst. City Manager (336-4240) City Manager's Office EXPLANATION Please see attached report. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION City Council approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report Background Information on the Proposed High -Speed Train Resolution A-200 (9/80) Attachment — Resolution of the City Council Supporting the Extension of the Proposed California High -Speed Train/Rail System into South San Diego County The purpose of this report is to ask the City Council to adopt a Resolution supporting the extension of the proposed California High -Speed Train/Rail System into South San Diego County. Background: California voters passed Proposition 1A in November 2008 supporting the issuance of bonds for a high-speed train/rail system that runs from San Francisco to San Diego. Construction is likely to begin as early as 2011 on an 800-mile statewide sys- tem of high-speed trains that will move people and goods. For Southern California, existing rail corridors will be used to bring direct high-speed train service in part from Los Angeles to Orange County, Los Angeles to Palmdale, Los Angeles to Riverside and San Diego. To bring the trains to the downtown San Diego, the train line will use the existing rail corridor immediately adjacent to the ex- isting rail tracks. Some of the benefits of providing a high-speed train/rail system include: • Reduced congestion on freeways and surface streets, improved freight movement and enhanced local commuter transit. —> High-speed trains will be separated from all crossing auto and pedestrian traffic and the system will be fenced to prevent intrusion. High-speed trains will not share tracks with freight services, but will be im- mediately adjacent to existing tracks. • Protects the environment: --> High-speed trains use 1/3 the energy of air travel and 1/5 the energy of auto travel. High-speed trains will eliminate over 12 billion pounds of the greenhouse gas emissions that cause global warming each year, which is the equivalent to removing more than one million vehicles from our roads annually. Explanation: The State of California High -Speed Rail Authority has begun to solicit input on the route the high speed train will take. Current plans for the train are currently planned to terminate in downtown San Diego. The South County Economic Development Council has requested National City sup- port the proposed high speed rail system and requests adequate and convenient ac- cess into South County and the international border for the following reasons: • The high-speed train will act as an economic engine offering alternative transporta- tion for tourist and employees alike; • South San Diego County has tourism amenities, over 7,200 private sector firms providing jobs to 88,600 residents; • South San Diego County is the location for the busiest border crossing in the world, is the site of a newly approved port of entry and is the location for the proposed cross border terminal and future expansion of Brown Field. Staff Recommendation: For the above reasons, staff recommends the City Council support the extension of the proposed California High -Speed Train/Rail System into South San Diego County. Nisle r/' RESOLUTION 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE EXTENSION OF THE PROPOSED CALIFORNIA HIGH-SPEED TRAIN/RAIL SYSTEM INTO SOUTH SAN DIEGO COUNTY Whereas the voters in the State of California passed proposition 1 A supporting the issuance of bonds for a high speed train/rail system that runs from San Francisco to San Diego; and Whereas the State of California High Speed Rail Authority has begun to solicit input on the route the high speed train will take; and Whereas current plans for the high speed train are currently planned to terminate in downtown San Diego; and Whereas, this high speed train will act as an economic engine offering alternative transportation for tourist and employees alike; and Whereas, South San Diego County has tourism amenities, over 7,200 private sector firms providing jobs to 88,600 residents; and Whereas, South San Diego County is the location for the busiest border crossing in the world, is the site of a newly approved port of entry and is the location for the proposed cross border terminal and future expansion of Brown Field. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the proposed high speed rail system and requests adequate and convenient access into South San Diego County and the international border. PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 CALIFORNIA HIGH-SPEED RAIL AUTHORITY A Better Option for Southern California When it comes to improving mobility and reducing air pollution, high-speed trains offer Southern California a new, better option: th voter approval of the high-speed train bond in November 2008,construction is likely to begin as early as 2011 on an 800-mile statewide system of high-speed trains that will move people and goods like never before. LYUTArx NARTW.]NK N30L sivemcr eEn hwareSaggr says li h®upaeN trathiob_Jr frpj: "improvements to our air quality, reductions in greenhouse gas emissions, congestion relief on our highways and greater mobility." — Fresno Bee, May 4, 2007 MAMMON ARTWORK: POLO 1/ California. High-SpeedTrain Proposed Route Sacramento • California`s, population will grow=to 50• million pe ,ple in 2U-years,=retch of it in Southern Ca i ornia !`I ead ,Aot4fhOrrtiCallfgraia has two rifts 04o rve me t co e u `q areas+in kl�1f00 '',4gte d • Traffic congeOq, da yre + perlear "High-speed rail holds the potential to be a viable alternative to driving, to help reduce traffic congestion, improve air quality, and make getting to and from the airport easier for everyone." Los Angeles Mayor Antonio Villaraigosa The Solution: High -Speed Trains • Les re a n c ii pQ' 00'm e a ns 4o r m o vat romrth,e Palm,daI )okton Downtown Modesto Downtown Merced r 'ia/Tulare/Hanford (potential) Bakersfield 10111111VMM ARIWO111t Il3C0 Palmdale Airport Sylmar Burbank' Industry Ontario Airport s+Aras tiles ,'AfigtM ail( . . Riverside HST Preferred Alignments Proposed High -Speed Commuter Rail / HST Overlay • Stations • Potential Station Map bated an 2005 Statewide progrartrrutac BRA peered roue, and war rewn.nend tlon to AW.ority Board December 19. 2007. Murrieta o Escondido Los Angeles Union Station to Orange County The existing, rail corridor will be used to bring high-speed train service to Orange County with a terminal at Anaheim (ARTIC station), and later could be extended as far south as Irvine with a station at the Irvine Transportation Center. Los Angeles Union Station to Riverside and San Diego Existing rail corridors will be used to bring direct high-speed train service from Los Angeles to Riverside with links to stations at Ontario Airport and Riverside. From Riverside to San Diego, the system will follow the 1-215/1-15 freeway corridors with a station at Murrieta/ Temecula. To bring the trains to the heart of downtown San Diego, the train line will use the existing rail corridor immediately adjacent to the existing rail tracks. Los Angeles Union Station to. Palmdale Direct high-speed train service from Palmdale to Los Angeles with multi - modal stations at; L.A. Union Station, Burbank, Sylmar/San Fernando and Palmdale Airport. fMULA11011 MIV10110 ,UW High-speed trains use 1/3 the energy ofair-travel and 1/5 the energy of auto travel. And high-speed trains will eliminate over 12 billion pounds of the greenhouse gas emissions that cause global warming each year. That's equivalent to removing more than one million vehicles from our roads annually. Examples of High -Speed Train Travel Times Travel Route Anaheimto San Francisco Los Angeles to San Francisco Los Angeles to San Diego Burbank to Bakersfield Ontario to San Francisco Riverside to Merced Anaheim to. Modesto Anaheim to Sacramento Riverside to Palmdale San Diego to Sacramento San Diego to San Francisco Travel Time hours : i.. 2:57 2:38 1:18 :49 3:02 2:11 2:09 2:36 :59 3:35 3:56 "A 20-minute high-speed train ride from Anaheim to downtown Los Angeles is a great way not only to relieve traffic congestion on freeways, but to also address future needs." — Anaheim Mayor Curt Pringle CALIFORNIA HIGH-SPEED RAIL AUTHORITY 925 L Street, Suite 1425, Sacramento, CA 9581,, www.cahlghspeedrail.ca.g ov City of National City, California COUNCIL AGENDA STATEMENT cETING DATE _ Fe AGENDA ITEM NO. 9 ITEM TITLE Warrant Register #28 for the period of 12/31/08 through 01/06/09 in the Amount of $638,712.60 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXPLANATION Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 12/31/08 through 01/06/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Heartland Comm. 224662 54,845.00 Kaiser Foundation 224666 131,112.20 Public Emp Ret 224688 272,981.36 Explanation Projected Cost Emp. Health Ins. Emp. Ret Sys PPE 12/29/08 CEnvironmental Review N/A (-Financial Statement Not applicable. Approved By: Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $638,712.60 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #28 ATTACHMENTS ( Listed Below) Resolution No. A 200 99' 1 of 4 WARRANT REGISTER # 28 1 /6/2009 Payee Description chk no chk date Amount CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - REDEV 224633 I/6/09 79.31 LASER SAVER INC S8'I'ONER CARTRIDGE 224634 I/6/09 166.28 NAN MCKAY AND ASSOCIATES, INC. MASTERBOOK REVISION SVC 224635 I/6/09 214.00 STRATACOM MOP 63845 BUSINESS CARD - CI)C 224636 I /6/09 15.77 URBAN FUTURES TAX ALLOCATION HOUSING BONDS 224637 1/6/09 1,950.00 WELLS FARGO BANK CREDIT CARD EXP 224638 1/6/09 245.96 ACEDO RETIREE IIEAI,TH BENEFITS JAN'09 224639 1/6/09 160.00 ALL FRESH FOOL)/CONSUMABLES 224640 1/6/09 1,682.77 AI,LEN RETIREE HEALTH BENEFITS JAN'09 224641 1/6/09 125.00 MBIENT, I,I.0 INSTRUMENTS- WIRELESS VANTAGE 224642 1/6/09 1,132.55 BOYD RETIREE HEALTH BENEFITS JAN'09 224643 1/6/09 145.00 C A P F FIRE/LTD JAN 2009 224644 1/6/09 624.00 C W REED JR RETIREMENT 2000964-S90 JAN'09 224645 I/6/09 1,087.23 CALIFORNIA BAKING CO. BREAD PRODUCTS 224646 1/6/09 288.00 CALIFORNIA LAW ENFORCEMENT PD/LTD JAN 2009 224647 1/6/09 1,755.00 CONI)ON RETIREE HEAI;FH BENEFITS JAN'09 224648 1/6/09 280.00 CORPORATE EXPRESS COPY PAPER 224649 1/6/09 3,154.88 DEFRATIS RETIREE HEALTH BENEFIT'S JAN'09 224650 1/6/09 120.00 DEPARTMF.NT OF JUSTICE INVESTIGATIVE SERVICES 224651 1/6/09 215.00 DICERCHIO RETIREE EIEAI;CH BENEFITS JAN'09 224652 1/6/09 70.00 DREDGE RETIREE IIEALTH BENEFITS JAN'09 224653 1/6/09 250.00 EWERT, PIIILLIP RETIREE IIEAI;IH BENEFITS JAN'09 224654 1/6/09 160.00 HAMILION MEATS & PROVISIONS MEAT PRODUCTS 224655 1/6/09 1,310.92 }IAMII;FON RETIREE HEALTH BENEFITS JAN'09 - 224656 1/6/09 100.00 'ANSON. ERIC ADV DISABILITY PENSION PAYMENT 224657 1/6/09 5,282.10 1 2 of 4 WARRANT REGISTER # 28 1/6/2009 Payee Description chk no chk date Amount IIEAI:TH NET HFALTFI INS H0067A JAN'09 224658 1/6/09 67,379.24 HEALTH NET HEALTH INS JAN'09 57I35J 224659 1/6/09 685.94 HEA1, I H NET HEAL. Ti I-FIJLL NETWORK 57135A 224660 1 /6/09 1 1,658.68 HEALTH NET HI ALTI I-RET INS F10067F JAN'09 224661 1/6/09 1,617.60 HEARTLAND COMM. FAC. AUTI IORITY ENROIJTE PROJECTED COST 224662 1/6/09 54,845.00 IIOLI.OWAY RETIREE HEALTH BENEFITS JAN'09 224663 1/6/09 150.00 INTEGRATED 1310METRIC INVESTIGATIVE SERVICES 224664 1/6/09 8.00 JAMES RETIREE HEALTH BENEFITS JAN'09 224665 1/6/09 140.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE JAN'09 224666 1/6/09 131,112.20 KAISER FOUNDATION HEALTH PLANS KAISER RET INS JAN 2009 224667 1/6/09 4,738.0'`OW KIMI3LE RETIREE HEALTH BENEFITS JAN'09 224668 1/6/09 300.00 KOLANDA RETIREE HEALTH BENEFITS JAN'09 224669 1/6/09 135.00 LASER SAVER INC MOP 45725 TONER 224670 1/6/09 155.46 LEAGUE OF CA CITIES- MEMBERSHIP DUES 2009 224671 1/6/09 18,076.00 MA"IIENZ0 RETIREE I IL:AI:IH BENEFITS JAN'09 224672 1/6/09 100.00 MCCABE RETIREE IIEALIH BENEFITS JAN'09 224673 1/6/09 280.00 MCGUIRE DISTRIBUTION MILK PRODUCTS 224674 1/6/09 354.40 METRO FIRE & SAFETY FIRE EXTINGUISHER 224675 1/6/09 353.44 MICHAI. PIASECKI CONSULTING CRYSTAL. REPORTS 11PDATES 224676 1/6/09 3,600.00 MISSION UNIFORM SERVICE LINEN SUPPLIES 224677 1/6109 56.67 MURRAY RETIREE HEALTH BENEFITS JAN'09 224678 1/6/09 150.00 MYI:RS RETIREE IlEALTII BENEFITS JAN'09 224679 1/6/09 140.00 NATIONAL CI"1'Y TROPIIY MOP 665561,} LEITER NAMEPLATE; - CC 224680 1/6/09 20.39 NOSAI., WILI..IAM A. RETIREMENT SETTLEMENT JAN'09 224681 1/6/09 1,028.54 OLIVER PRODUCTS COMPANY ON "RAY 224682 1/6/09 1,376.C` , 10 Nor WARRANT REGISTER # 28 1/6/2009 3 of 4 Payee Description chk no chk date Amount PADRE JANITORIAL, SUPPLIES, INC JANITORIAL SUPPLIES 224683 1/6/09 313.38 PAIJU RETIREE IIEALIH BENEFITS JAN'09 224684 1/6/09 340.00 POTTER RETIREE HEALTH BENEFITS JAN'09 224685 1/6/09 150.00 PRO -EDGE KNIFE SHARPENING SERVICE 224686 1/6/09 45.00 PROGRESSIVE SOLUTIONS INC ALARM TRACK TRAINING 224687 1/6/09 170.87 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12-08-5 224688 1/6/09 272,981.36 RAY RETIREE HEALTH BENEFITS JAN'09 224689 1/6/09 190.00 REED'S RESTAURANT EQUIP. SVC. EQUIPMENT MAINTENACE 224690 1/6/09 331.20 RELIANCE; STANDARD V I, JAN 2009 224691 1/6/09 2,173.75 MI STAFFING COMPANIES NEIGHBORHOOD TEMP EMP 12/07/08 224692 1/6/09 1,008.70 RUIZ RETIREE IIE•AI:IH BENEFITS JAN'09 224693 1/6/09 310.00 SAN DIEGO GAS & ELECTRIC' 1415 D AVE 11/17-12/17/08 224694 1/6/09 1,752.08 SDG&I: FACILITIES DIVISION 224695 1/6/09 27,635.59 SHORT. CRAIG RETIREE HEAI:TII BENEFITS JAN'09 224696 1/6/09 300.00 SLF:ITENGREN REIMB - VOLUNTEER RECOGNITION 224697 1/6/09 318.94 SMART& FINAL. FOOD 224698 1/6/09 108.19 STRATACOM CORRECTION NOTIC'E FORMS PLN/BLDG 224699 I/6/09 831.49 SUN IRIJST NEW FIRE TRUCK# I PAYMENT#59 224700 1/6/09 5,009.63 SYSCO SAN DIEGO FOOD/CONSUMABLE 224701 1/6/09 2,884.13 TETRA T1 CI I ISG # 1 DEPOSIT# 1184 940 E 16TI I ST 224702 1/6/09 552.58 THE SUPPLY SERGEANT BLACK SIDE ZIPPER GIANT 224703 1/6/09 174.29 WEST GROUT' PAYMENT CENTER GOVERNMENT SERVICES 224704 1/6/09 1,907.01 ZIF;ILOW, DAVID RETIREE HEALTH BENEFITS JAN'09 224705 1/6/09 150.00 Total $ 638,712.60 3 4 of 4 Nit 1887 INCORPORATED WARRANT REGISTER # 28 1/6/2009 Payee Description chk no chk date Amount Grand Total 638,712.60 4 CORPOEATED Warrant Register # 28 1/6/2009 001 GENERAL FUND 566,791.30 166 NUTRITION 11,011.64 211 SECURITY AND ALARM REGULATION FUND 335.08 212 PERSONNEL COMPENSATION FUND 11,642.87 282 REIMBURSABLE GRANTS CITYWIDE 1,132.55 301 GRANT-C.D.B.G. 5,009.63 502 SECTION 8 FUND 380.28 511 TAX INCREMENT FUND 341.04 522 LOW/MODERATE HOUSING FUND 1,950.00 626 FACILITIES MAINT FUND 26,227.01 628 GENERAL SERVICES FUND 2,697.00 632 GENERAL ACCOUNTING SERVICES 3,600.00 724 COBRA/RETIREE INSURANCE 7,041.62 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 552.58 Total 638,712.60 Nome /ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT :ETING DATE February 3 2009 10 AGENDA ITEM NO. Warrant Register #29 for the period of 01/07/09 through 01/13/09 in the Amount of $1,422,680.16 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance Jeanette Ladrido EXPLANATION 619 33(, 4331 Per Government Section Code 37208, attached are the warrants issued for the period of 01/07/09 through 01/13/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Industrial Coating 224761 60,478.05 Panels/Glass Payroll Various 1,099,881.82 PPE 12/29/08 CEnvironmental Review _ N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,422,680.16 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #29 ATTACHMENTS ( Listed Below) Resolution No. A- oo,,s91 PAYEE ACED CA ACOSTA ADDICTION MEDICINE ALL FRESH AMERICAN BACKFLOW SPECIALTIES AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS ASSI SECURITY AT&T/MCI AT&T/MCI AT&T/MCI AT&T/MCI AUSTIN DOORS AYDELOTTE BANK OF AMERICA BANK OF AMERICA BATTERY SPECIALTIES BEHAVIOR ANALYSIS RIACKIE'S TROPHIES AND AWARDS NKSON Ititse5OT WORLD BROADWAY AUTO ELECTRIC CAL EXPRESS CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CHEVRON & TEXACO BUSINESS CARD CINGULAR WIRELESS CINTAS DOCUMENT MANAGEMENT CITY-WIDE ELECTRONICS CONSTRUCTION ELECTRONICS INC. COOPER'S PLUMBING & HEATING CORPORATE EXPRESS COURTESY REFRIGERATION D MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DELTA DENTAL DEPARTMENT OF TRANSPORTATION DEPT OF CONSERVATION DIXIELINE LUMBER CO. DOUCETTE DREW FORD ENVIRONMENTAL HAZARDS SERVICES '-`(PERIAN �.rFE'RESS TEL DEX FERGUSON ENTERPRISES, INC GONZALES 1/3 WARRANT REGISTER # 29 1/13/2009 DESCRIPTION CHK NO DATE AMOUNT 2009 CEQA - BOOK ORDER 224706 1/13/09 404.10 LICENSE REIMBURSEMENT 224707 1/13/09 39.00 MEDICAL SERVICES 224708 1/13/09 89.50 FOOD/CONSUMABLE 224709 1/13/09 993.28 BACK FLOW PARTS AND BACKFLOW 224710 1/13/09 174.49 MOP #62683 STREET SWEEPER REPAIRS 224711 1/13/09 459.48 FUEL FOR CITY FLEET 224712 1/13/09 16,007.55 CITY-WIDE SECURITY REPAIRS 224713 1/13/09 840.00 PHONE XXX-7549 NOV 2008 224714 1/13/09 6,737.67 PHONE XXX-0986 12/7/08-01/06/09 224715 1/13/09 5,088.50 CALNET 2 PHONE SVC 11/20-12/19/08 224716 1/13/09 561.33 PHONE X)(X-6700 224717 1/13/09 84.34 REPAIR & REPLACEMENT 224718 1/13/09 1,357.66 REIMB - SWAT TRAILER REPAIR 224719 1/13/09 82.78 BANK ANALYSIS CHARGE 224720 1/13/09 25.53 CREDIT CARD - EXP - HR NPELRA 224721 1/13/09 275.00 DRY CELL BATTERIES 224722 1/13/09 135.27 INVEST INTERV & INTERROGATION 224723 1/13/09 472.00 MOP 67727 NAME TAGS - PD 224724 1/13/09 32.63 LIABILFTY CLAIM COSTS 224725 1/13/09 365.00 MOP #64096 SAFETY BOOTS (R. FERNANDE. 224726 1/13/09 251.05 ELECTRICAL PARTS FOR CITY VEHICLES 224727 1/13/09 263.99 CAL EXPRESS DELIVERY TO C. V. 224728 1/13/09 12.40 BREAD PRODUCTS 224729 1/13/09 144.00 MOP #45754 BEST KEYS GP 224730 1/13/09 1,035.58 MOP #45698 ELECTRICAL MATERIAL 224731 1/13/09 1,336.30 MOP #45699 FUEL 224732 1/13/09 76.68 PD WIRELESS SVC 11/21-12/20/08 224733 1/13/09 306.39 MONTHLY SHREDDING 224734 1/13/09 72.95 ALARM MONITORING & REPAIRS 224735 1/13/09 257.84 BASIC MAINTENANCE - JAN 2009 224736 1/13/09 843.55 CITY-WIDE PLUMBING SERVICES 224737 1/13/09 85.00 MOP45704 OFFICE SUPPLIES -COUNCIL 224738 1/13/09 271.32 INSPECT/ADD COOLANT 224739 1/13/09 477.93 2007/2008 JURMP ANUAL REPORT 224740 1/13/09 24,903.00 MOP #45749 GATE REPAIRS 224741 1/13/09 270.00 DENTAL INS JAN 2009 224742 1/13/09 14,880.40 HIGHWAY LIGHTING 224743 1/13/09 2,300.18 SMIP FEES, 4TH QTR 224744 1/13/09 159.05 MOP #45707 TILE SAW, CONNECTOR 224745 1/13/09 603.57 SUBSISTENCE -TRAINING 224746 1/13/09 50.00 MOP #01787 DOOR/TRUNK REPAIRS 224747 1/13/09 709.36 HUD HEALTHY HOMES DEMONST 224748 1/13/09 402.35 CREDIT CHECKS FOR NEW PD EMP 224749 1/13/09 27.24 LONG DISTANCE 11/20-12/20/08 224750 1/13/09 140.37 TECH PERSONNEL SERVICES 224751 1/13/09 27.08 MOP #45723 CXF ADAPTERS 224752 1/13/09 666.26 SUBSISTENCE: CPCA 09 SYMPOSIUM 224753 1/13/09 300.00 PAYEE GOVERNMENT FINANCE OFFICERS GRAINGER GUTIERREZ HAMILTON MEATS & PROVISIONS HANSON, ERIC HD SUPPLY HYDRO-SCAPE PRODUCTS INC. INDUSTRIAL COATING AND JC TOWING JONES & MAYER JONES & MAYER KEYSER MARSTON ASSOC LEAGUE OF CALIFORNIA CITIES LEXIS-NEXIS LIFE -ASSIST, INC. LOPEZ LOYOLA MAINTEX, INC. MAN K-9 INC. MANPOWER OF SAN DIEGO MATTHEW BENDER & CO INC MCGUIRE DISTRIBUTION MICHAL PIASECKI CONSULTING MISSION UNIFORM SERVICE NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB ORKIN PEST CONTROL PBS&J PERRY FORD PRUDENTIAL OVERALL SUPPLY RADIATION DETECTION COMPANY REEDER SAN DIEGO PET & LAB SUPPLY SAN DIEGO REGIONAL SD BMW MOTORCYCLES SDG&E SILVA SMART & FINAL SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS WATER STEVENSON SWEETWATER AUTHORITY SYSCO SAN DIEGO THOMSON WEST TOMAHAWK LIVE TRAP COMPANY TRISTAR RISK MANAGEMENT U S HEALTHWORKS U S HEALTHWORKS INCOAT WARRANT REGISTER # 29 1/13/2009 DESCRIPTION SGR GAAFR REVIEW RENEWAL MOP #65179 CONNECTOR/SEALS INTERNAL AFFAIRS INTRO COURSE MEAT PRODUCTS RETIREE HEALTH BENEFITS JAN'09 PLUMBING MATERIAL OVER COUNTER MOP #45720 TIE TAPE, TEFLON TAPE BULLET RESISTANT GLASS/PANELS MOP 68862 TOWING - PD SEMINAR REGISTRATION REGISTRATION FEE - J DOUCETTE ECONOMIC ANALYSIS FOR 2121 GROVE MEMBERSHIP DUES 2009 CHARGES FOR NOV 2008 BRASS CORE OXYGEN REGULATOR TRANSLATION SERVICES 01/06/09 LIABILITY CLAIM COSTS INV 037201 JANITORIAL SUPPLIES MAINTENANCE TRAINING - DEC 2008 PROVIDE ADMINISTRATIVE SUPPORT CA CODES, 6-IN2, 2009 EDITION MILK PRODUCTS CRYSTAL REPORTS UPDATES LINEN SUPPLIES CAR WASHES QUARTERLY LUNCHES - PD PEST MAINTENANCE FOR CITY BLDGS WASTEWATER FINANCIAL MOP #45703 VALVE ASSEMBLY, GASKET MOP #45742 UNIFORMS - PARKS GROSS A B GAMMA ACT WIPE EDUCATIONAL REIMBURSEMENT MOP 45753 DOG FOOD K-9 UNIT - PD SUPERVISORS ACADEMY REPAIRS & MAINTENANCE FACILITIES DIVISION GAS & ELECTRIC 125 PLAN REIMBURSEMENT MOP 45756 DISH SOAP - FIRE TRAFFIC SIGNAL AND STREET LIGHTING DRINKING WATER SEMINAR JONES & MAYER STREET DIVISION FOOD/CONSUMABLES CA CIVIL CODE 2009 PAMPHLET 42" SUPER TUBE SNAKE TONG WORKERS COMP REPLENISHMENT MEDICAL SERVICES MEDICAL SERVICES CHK NO 224754 224755 224756 224757 224758 224759 224760 224761 224762 224763 224764 224765 224766 224767 224768 224769 224770 224771 224772 224773 224774 224775 224776 224777 224778 224779 224780 224781 224782 224783 224784 224785 224786 224787 224788 224789 224790 224791 224792 224793 224794 224795 224796 224797 224798 224799 224800 224801 DATE 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 1/13/09 2/3 AMOUNT 50.00 1,116.01 50.00 428.10 135.00 588.07 197.06 60,478.05 357.50 140.00 140.00 800.00 800.00 528.36 237.93 100.00 210.00 3,563.56 600.00 1,657.60 118.83 214.70 3,375.00 61.66 364.00 220.00 707.50 29,783.22 187.11 595.08 50.00 1,200.00 225.30 725.00 2,522.62 7,691.97 46.26 87.30 11,409.51 20.20 50.00 510.72 2,481.11 101.14 185.99 32,657.47 145.00 55.00 Nor PAYEE U-LINE UNDERGROUND SERV ALERT UNITED STATES TREASURY VERIZON WIRELESS WATERLINE TECHNOLOGIES CITY OF NATIONAL CITY CORPORATE EXPRESS DANKA OFFICE IMAGING CO. DESROCHERS FEDEX FOLEY & LARDNER IBARRA LAW OFFICES OF DON DETISCH NATIONAL CONSTRUCTION RENTAL PYATOK ARCHITECTS INC SAN DIEGO GAS & ELECTRIC SD ELECTRIC RAILWAY ASSOC SWEETWATER AUTHORITY WESTFLEX INDUSTRIAL OX CORPORATION PAYROLL Pay period Start Date 1 12/16/2008 Special PR WARRANT REGISTER # 29 1/13/2009 DESCRIPTION LAB SUPPLIES UNDERGROUND SVCS ALERT CHARGES 4TH QTR 2008-941 / 95-6000749 CELL PHONES 11/22-12/21/08 MUNICIPAL POOL CHEMICALS PACIFIC STEEL REZONE -CS# 2008-47-GPA OFFICE SUPPLIES - REDEV RENTALS & LEASES RETIREMENT BENEFIT JAN 2009 COURIER SERVICE CONSTELLATION GRP- CENTRO CONFERENCE - TRAVEL REIMB CDC V MATCHINSKI 1640 E PLAZA BLVD - DAY'S INN PARADISE CREEK STUDY 921 A AVE 11/17-12/17/08 MAINTENACE 1615 E 4TH ST 10/27-12/01/08 REIMB FOR EXPENSES REPLACING CK #10375 End Date 12/29/2008 Check Date 1/7/2009 1/13/2009 3/3 CHK NO DATE AMOUNT 224802 1/13/09 43.92 224803 1/13/09 118.50 224804 1/13/09 224.84 224805 1/13/09 4,712.62 224806 1/13/09 3,422.77 224807 1/13/09 37,090.00 224808 1/13/09 67.71 224809 1/13/09 447.36 224810 1/13/09 110.00 224811 1/13/09 64.91 224812 1/13/09 220.00 224813 1/13/09 1,112.91 224814 1/13/09 2,259.35 224815 1/13/09 142.52 224816 1/13/09 15,246.82 224817 1/13/09 106.65 224818 1/13/09 600.00 224819 1/13/09 149.80 224820 1/13/09 2,811.20 224821 1/13/09 778.58 A/P Total A/P Total 322,798.34 1,079,712.99 20,168.83 322,798.34 GRAND TOTAL $ 1,422,680.16 N' Paz _ ITV C INCORPORATE COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 29 1/13/2009 PAYEE CORPORATE EXPRESS CITY OF NATIONAL CITY CORPORATE EXPRESS DANKA OFFICE IMAGING CO. DESROCHERS FEDEX FOLEY & LARDNER LAW OFFICES OF DON DETISCH NATIONAL CONSTRUCTION RENTAL PYATOK ARCHITECTS INC SAN DIEGO GAS & ELECTRIC SD ELECTRIC RAILWAY ASSOC SWEETWATER AUTHORITY WESTFLEX INDUSTRIAL XEROX CORPORATION PAYROLL Pay period Start Date 1 12/16/2008 DESCRIPTION CREDIT PACIFIC STEEL REZONE -CS# 2008-47-GPA OFFICE SUPPLIES - REDEV RENTALS & LEASES RETIREMENT BENEFIT JAN 2009 COURIER SERVICE CONSTELLATION GRP- CENTRO CDC V MATCHINSKI 1640 E PLAZA BLVD - DAY'S INN PARADISE CREEK STUDY 921 AAVE 11/17-12/17/08 MAINTENACE 1615 E 4TH ST 10/27-12/01/08 REIMB FOR EXPENSES REPLACING CK #10375 End Date Check Date 12/29/2008 1 /7/2009 CHK NO DATE AMOUNT 224738 1/13/09 (80.05) 224807 1/13/09 37,090.00 224808 1/13/09 67.71 224809 1/13/09 447.36 224810 1/13/09 110.00 224811 1/13/09 64.91 224812 1/13/09 220.00 224814 1/13/09 2,259.35 224815 1/13/09 142.52 224816 1/13/09 15,246.82 224817 1/13/09 106.65 224818 1/13/09 600.00 224819 1/13/09 149.80 224820 1/13/09 2,811.20 224821 1/13/09 778.58 A/P Total 60,014.85 87,973.02 60,014.85 GRAND TOTAL $ 147,987.87 Warrant Register # 29 1/13/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 208 SUPP. LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 250 NEW FIRE STATION CONSTRUCTION 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 787, 348.75 25,970.60 22,514.25 3,591.44 472.00 74,444.19 4,515.51 1,751.51 1,364.57 17,798.84 635.96 2,221.65 1,008.18 4,842.75 2,672.90 35,278.05 1,128.18 63,318.33 3,167.25 18,472.47 25.53 27,583.58 1,565.26 375.38 5,770.24 5,114.72 23,235.46 122,022.39 2,730.02 40,970.64 36,916.92 8,832.57 3,707.01 19,180.98 20,201.56 31,772.51 158.01 1,422,680.16 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 3, 2009 11 AGENDA ITEM NO. /ITEM TITLE Investment Report for quarter ended December 31, 2008 PREPARED BY Jeanette Ladrido, C EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the City's financial needs. Account No. STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview T.2 Portfolio Summary — Quarter ended December 31, 2009 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the City Council within 30 days following the end of the quarter that consists of the following information: P Type of investment or description, ' Issuers (bank or institution), p Dollar amount, P Interest rate, Y Current market valuation as of the date of the report, ➢ And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City of National City investments most of its funds in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. For the quarter ended December 31, 2008, LAIF's return was 2.774%. Federal Agency Securities account for 19% of the investment portfolio. The average rate of return is 4.387%. The City has 47 investments in Certificates of Deposit. These investments are in increments of 99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 4.666%. On 9/13/2007, City Council approved a $3 million investment in the CDARS program. This investment yields 4.470% and accounts for 8% of the portfolio. CalTrust, a California joint powers authority, is a pooled investment fund which consolidates investment activities of its participants. This investment yields 2.68% The average monthly expenditure of the City is 7.2 million. To ensure compliance with Government Code Section 53646, the City must have 43.2 million available to meet cash flow requirements for the next six months. Staff certifies that the portfolio balance as of December 31 is 38.7 million, which for a short period of time puts the City out of compliance with Government Code 53646. By the end of January 2009, the City will have sufficient funds to meet the cash flow requirements due to 4.3 million reimbursed from the CDC and 3.3 million coming from Property Taxes. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2008 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF 20,877,989.58 20,940,903.54 2.774% 53.98% Medium Term Notes 500,000.00 478,305.00 4.000% 1.29% Federal Agency Securities 7,376,728.86 7,482,473.36 4.387% 19.07% Certificates of Deposit 4,648,981.21 4,655,371.43 4.666°%° 12.02°%° CalTrust 2,275,267.75 2,275,267.75 2.680% 5.88% Negotiable CD/CDARS 3,000,000.00 3,000,000.00 4.470% 7.76% Totals for December 2008 38,678,967.40 38,832,321.08 4.929% 100.00% Totals for September 2008 48,672,286.05 Portfolio decrease from prior quarter -9,993,318.65 Negotiable CD/CDARS 7.76% CalTrust 5.88% Certificates of Deposit 12.02% LAIF 53.98% Federal Agency Securities 19.07% Medium Term Notes 1.29% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 23,153,257.33 198, 000.00 5,474,981.21 9,852,728.86 38,678,967.40 59.86% 0.51% 14.15% 25.47% 100.00% City of National City Finance Department Investments City of National City Portfolio Management Portfolio Summary December 31, 2008 Par Market Book % of Value Value Value Portfolio Term City of National City Days to YTM/C YTM/C Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 4,648,981.21 4,655,371.43 4,648,981.21 12.02 653 347 4.602 4.666 LAIF 20,877,989.58 20.940.903.54 20,877,989.58 53.98 1 1 2.736 2.774 Medium Term Notes 500,000.00 478.305.00 500,000.00 1.29 1.462 1,140 3.945 4.000 Federal Agency Securities 7,375,000.00 7.482.473.36 7,376,728.86 19.07 1.811 1,557 4.327 4.387 CalTrust 2,275,267.75 2,275,267.75 2.275.267.75 5.88 1 1 2.643 2.680 CDAR'S 3,000,000.00 3,000,000.00 3.000.000.00 7.76 485 114 4.409 4.470 Investments 38,677,238.54 38,832,321.08 38,678,967.40 100.00% 481 363 3.404 3.451 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Eiiective Rate of Return 4--7 Jeane'lte Ladrido. inance Director Reporting period 12/01/2008-12/31/2008 Run Date 01/2C/2009 - 08 18 109,497.44 38,010,267.77 3.39% 780,529.97 47,460,755.22 3.26% Portfolio CNC CC PM ; PRF_PM1) SymRept 6.41.202b Report Ver 5.00 CUSIP Investment# Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments December 31, 2008 Purchase Stated Date Par Value Market Value Book Value Rate Page 2 YTM/C Days to Maturity S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11307 11307 SYS11302 11302 SYS11310 11310 SYS11229 11229 SYS11287 11287 SYS11207 11207 SYS11227 11227 SYS11265 11265 SYS11259 11259 SYS11247 11247 SYS11262 11262 SYS11224 11224 SYS11226 11226 SYS11275 11275 SYS11260 11260 SYS11223 11223 SYS11222 11222 SYS11300 11300 SYS11240 11240 SYS11305 11305 SYS11258 11258 SYS11297 11297 SYS11286 11286 SYS11200 11200 SYS11309 11309 SYS11209 11209 SYS11208 11208 SYS11296 11296 SYS11291 11291 SYS11288 11288 SYS11236 11236 SYS11220 11220 SYS11237 11237 SYS11261 11261 SYS11202 11202 SYS11301 11301 Run Date 01/2C/2009 - 08.18 American Home Bank AMERIKA SAMOA BANK BankFirst Bank of Washington Bank of North Carolina The Brand Banking Company Business Bank of Fox River Vly Cape Fear Bank Capitol City Bank & Trust Centenial Bank CenTrust Bank, N.A. Citizens Bank of Newburg Citizens Natl. Bank of Quitman Cole Taylor Bank Columbia Savings & Loan Community First Bank & Trust Crestmark Bank Farmers Bank Feliciana Bank & Trust Forreston State Bank Garden City State Bank Georgian Bank Branch Baking & Trust/Haven Tr Home Federal Bank of Hollywood High Trust Bank Hillcrest Bank Inter Savings Bank Jacksonville Bank The Leaders Bank Live Oak Banking Company Monterrey County Bank New City Bank North American Banking Co. Nat'l Republic Bank of Chicago Omni National Bank Orion Bank 10/23/2008 99.000.00 99,000.00 99.000.00 4.600 208 4.600 09/22/2008 99,000.00 99,000.00 99.000.00 4.500 276 4.500 11/14/2008 99.000.00 99,000.00 99,000.00 4.200 4.200 10/23/2007 98,981.21 98,981.21 98,981.21 5.100 289 5.100 06/10/2008 99,000.00 99,000.00 99,000.00 4 050 189 4.050 08/16/2007 99,000.00 99,000.00 99.000.00 5.400 255 5.400 10/24/2007 99,000.00 99,000.00 99,000.00 5.050 174 S.C50 02/07/2008 99,000.00 99.000.00 99,000.00 3.500 181 3.500 01/04/2008 99.000.00 99.000.00 99.000.00 4.850 232 4 850 11/20/2007 99,000.00 99,000.00 99.000.00 5.000 5.000 01/22/2008 99,000.00 99.000.00 99.000.00 4.510 300 4.510 10/22/2007 99,000.00 99,000.00 99,000.00 5.100 5.100 10/22/2007 99,000.00 99.000.00 99,000.00 5.050 237 5.050 03/31/2008 99,000.00 99.000.00 99,000.00 3.820 238 3.873 01/04/2008 99.000.00 99,000.00 99.000.00 4.850 250 4.850 10/23/2007 99,000.00 99,000.00 99.000.00 5.100 220 5.100 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 201 5.100 09/10/2008 99,000.00 99,000.00 99.000 00 4.400 205 4.400 11/02/2007 99,000.00 99,000.00 99.000.00 5.050 222 5.050 10/01/2008 99 000.00 99,000.00 99.000.00 4.150 200 4.150 01/03/2008 99.000.00 99.000.00 99.000.00 4.750 193 4.750 07/10/2008 99.000.00 99.000.00 99.000.00 4.260 200 4.260 06/10/2008 99,000.00 99.000.00 99,000.00 4.010 244 4.010 07/24/2007 99.000.00 99.000.00 99.000.00 5.500 251 5.500 11/13/2008 99,000.00 99.000 00 99.000 00 4.250 4.250 08/16/2007 99,000.00 99.000.00 99.000.00 5 26C 202 5.260 08/16/2007 99,000.00 99.000.00 99,000.00 5.500 260 5.500 07/10/2008 99.000.00 99.000.00 99.000.00 4.470 208 4.470 06/18/2008 99.000.00 100,519.65 99.000.00 4.050 189 4.106 06/11/2008 99.000.00 99,000.00 99,000.00 4.070 4.070 10/01/2007 99,000.00 99.000.00 99.000.00 5.150 281 5.150 09/26/2007 99,000.00 99,000.00 99,000.00 5.150 249 5.150 10/01/2007 99,000.00 99,000.00 99.000.00 5.250 5.250 01/11/2008 99,000.00 99,000.00 99.000.00 4.920 270 4.920 07/23/2007 99,000.00 99,000.00 99,000.00 5.500 210 5.500 09/16/2008 99.000.00 99.000.00 99.000.00 4 500 256 4.500 295 629 319 295 525 228 116 39 368 139 21 294 295 455 368 112 273 252 305 273 368 557 525 204 683 228 228 557 533 526 273 270 273 11 203 623 10/23/2009 09/22/2010 11/16/2009 10/23/2009 06/10/2010 08/17/2009 04/27/2009 02/09/2009 01/04/2010 05/20/2009 01/22/2009 10/22/2009 10/23/2009 04/01/2010 01/04/2010 04/23/2009 10/01/2009 09/10/2009 11/02/2009 10/01/2009 01/04/2010 07/12/2010 06/10/2010 07/24/2009 11/15/2010 08/17/2009 08/17/2009 07/12/2010 06/18/2010 06/11/2010 10/01/2009 09/28/2009 10/01/2009 01/12/2009 07/23/2009 09/16/2010 Portfolio CNC CC M (PRF_PM2) SymRept 6.41. 202b CUSIP City of National City Portfolio Management Portfolio Details - Investments December 31, 2008 Page 3 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11263 11263 Pacific Westem Bank 01/22/2008 99,000.00 99,000.00 99,000.00 4.750 4.750 386 01/22/2010 SYS11241 11241 Pinnacle Bank 11/20/2007 99,000.00 99,000.00 99.000.00 5.000 158 5.000 323 11/20/2009 SYS11313 11313 R-G Premier Bank of Puerto Ric 11/07/2008 97,000.00 99,009.84 97.000.00 4.500 4.500 677 11/09/2010 SYS11299 11299 STATE BANK OF INDIA (CALIF) 07/18/2008 99.000.00 99,000.00 99.000.00 4.250 257 4.250 564 07/19/2010 SYS11289 11289 Select Bank 06/16/2008 99,000.00 100.450.35 99.000.00 4.000 207 4.000 531 06/16/2010 SYS11264 11264 Southern Bank 02/05/2008 99,000.00 99,000.00 99,000.00 3.700 179 3.700 400 02/05/2010 SYS11303 11303 Sun West Bank 09/19/2008 99,000.00 99.000.00 99.000.00 4.280 156 4.280 264 09/22/2009 SYS11246 11246 Synovus Bank of Jacksonville 11/14/2007 99,000.00 99,000.00 99.000.00 5.050 144 5.050 319 11/16/2009 SYS11225 11225 First Tuskegee Bank 10/17/2007 99,000.00 99,000.00 99,000.00 5.200 143 5.200 106 04/17/2009 SYS11298 11298 Union National Bank of Elgin 07/19/2008 99,000.00 99,000.00 99,000.00 4.480 163 4.480 564 07/19/2010 SYS11292 11292 Westernbank Puerto Rico 06/18/2008 97,000.00 98,410.38 97,000.00 4.000 187 4.000 533 06/18/2010 Subtotal and Average 4,648,981.21 4,648,981.21 4,655,371.43 4,648,981.21 4.666 347 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 20,004,763.77 20,877,989.58 20,877,989.58 20,940,903.54 20,877,989.58 2.774 20,940,903.54 20,877,989.58 2.774 1 2.774 1 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500,000.00 478,305.00 500.000.00 4.000 4.000 1,140 02/15/2012 Subtotal and Average 500,000.00 500,000.00 478,305.00 500,000.00 4.000 1,140 Federal Agency Securities 31331GCP2 11306 Federal Farm Credit Bank 09/30/2008 250,000.00 254,042.50 250,000.00 4.750 AAA 4.750 1.733 09/30/2013 3133XKUL7 11211 Federal Home Loan Bank 08/02/2007 200.000.00 205,337.50 201.087.50 5.250 AAA 5.337 1.244 05/29/2012 3133XPY73 11272 Federal Home Loan Bank 02/27/2008 250,000.00 250,782.50 250.000.00 4.250 AAA 4.250 1.518 02/27/2013 3133XPXB5 11273 Federal Home Loan Bank 03/06/2008 200,000.00 200,616.00 200,000.00 4.250 AAA 4.250 1,525 03/06/2013 3133XQLG5 11276 Federal Home Loan Bank 04/09/2008 200,000.00 200,068.00 200,000.00 4.000 AAA 4.000 1,559 04/09/2013 3133XQPJ5 11278 Federal Home Loan Bank 04/24/2008 100,000.00 100,750.00 100,000.00 4.000 AAA 4,000 1.574 04/24/2013 3133X0TE2 11280 Federal Home Loan Bank 05/06/2008 300,000.00 302,059.67 300,466.67 4.000 AAA 4.000 1,572 04/22/2013 3133XRBM1 11282 Federal Home Loan Bank 05/28/2008 175,000.00 180,031.25 175.000.00 4.125 AAA 4.125 1,608 05/28/2013 3133XRBRO 11283 Federal Home Loan Bank 06/04/2008 200,000.00 202,250.00 200,000.00 4.250 AAA 4.250 1,615 06/04/2013 3133XREN6 11285 Federal Home Loan Bank 06/10/2008 250,000.00 251,872.50 250,000.00 4.320 AAA 4.320 1,621 06/10/2013 3133XRG95 11290 Federal Home Loan Bank 06/17/2008 200,000.00 204,248.00 200,000.00 4.250 AAA 4,250 1.628 06/17/2013 3133XRGM6 11293 Federal Home Loan Bank 06/19/2008 200,000.00 201,788.00 200,000.00 4.550 AAA 4.550 1,630 06/19/2013 3133XSFA1 11308 Federal Home Loan Bank 10/28/2008 500,000.00 500,925.00 500,000.00 5.000 AAA 5.000 1,761 10/28/2013 3133XSFL7 11311 Federal Home Loan Bank 10/28/2008 250,000.00 250,625.00 250,000.00 5.050 AAA 5.050 1,761 10/28/2013 3133XSNC8 11312 Federal Home Loan Bank 12/16/2008 300,000.00 308.607.00 300,000.00 4.250 AAA 4,250 1,810 12/16/2013 Ran Date 01/20/2009 - 08 18 Portfolio CNC CC PM (PRF PM2) SymRept 6.4'.202b CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments December 31, 2008 Purchase Date Par Value Market Value Federal Agency Securities 3128X6PR1 11231 3128X7LK8 11279 3128X7RG1 11281 3128X7YA6 11294 3136F8VL6 11249 3136F9SE4 11284 31398AJY9 C 11242 3136F82A2 11266 3136F82A2 C 11267 31398AMO2 11268 3136F82N4 11270 3136F82N4 C 11271 3136F9CB7 11274 Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Fannie Mae Fannie Mae Fannie Mae Fannie Mae Fannie Mae Fannie Mae Fannie Mae Subtotal and Average 7,586,406.28 10/24/2007 05/01/2008 05/28/2008 06/25/2008 11/07/2007 06/10/2008 11 /21 /2007 02/12/2008 02/12/2008 02/13/2008 02/20/2008 02/20/2008 03/ 11 /2008 300,000.00 250,000.00 200,000.00 .250,000.00 300,000.00 250,000.00 250,000.00 250,000.00 500,000.00 250.000.00 250,000.00 500,000.00 250,000.00 300,654.00 251,767.50 201,312.00 257,265.00 301,125.00 251,250.00 250, 802.50 262, 812.50 526.970 00 250,531.94 250,157.50 500.620.00 263, 202.50 7,375,000.00 7,482,473.36 Page 4 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date 300,000.00 250,000.00 200,000.00 250.000.00 300,000 00 250,000.00 250,000.00 250.000.00 500,000.00 250,174.69 250.000.00 500,000.00 250.000.00 7,376,728.86 5.400 4.050 4.150 4.020 5.000 4.000 5.020 4.000 4.000 4.000 4.150 4.150 4.000 AAA 5.400 AAA 4.050 AAA 4.150 AAA 4.020 AAA 5.000 AAA 4.000 AAA 5.020 AAA 4.000 AAA 4.000 AAA 4.002 AAA 4.150 AAA 4.150 AAA 4.000 1,392 1.581 1,608 1,271 1,406 1,621 1,420 1,503 1,503 1,497 1,511 1.511 1.530 4.387 1,557 10/24/2012 05/01/2013 05/28/2013 06/25/2012 11/07/2012 06/10/2013 11/21/2012 02/12/2013 02/12/2013 02/06/2013 02/20/2013 02/20/2013 C 3/ 1 1 /2013 CalTrust 201-000017-10 11059 CalTrust Subtotal and Average 2,270,116.51 2,275,267.75 2,275,267.75 2,275,267.76 2,276,267.76 2.275,267.75 2.680 2,275,267.76 2.680 1 2.680 CDARS SYS11215 11215 SYS11304 11304 Neighborhood National Bank Neighborhood National Bank Subtotal and Average 3,000,000.00 09/13/2007 07/24/2008 2,000,000.00 1,000,000.00 2,000,000.00 1, 000, 000.00 3,000,000.00 3,000,000.00 2,000,000.00 5.130 1.000,000.00 3.150 3,000,000.00 5.130 69 03/11/2009 3.150 203 07/23/2009 4.470 114 Total and Average 38,010,267.77 Run Date 01/20/2009 - 08.18 38,677,238.54 38,832,321.08 38,678,967.40 3.451 363 Portfolio CNC CC PM (PRF PM2) SymRept 6.41.202b ( CUSIP City of National City Portfolio Management Portfolio Details - Cash December 31, 2008 Average Purchase Stated YTM/C Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 0 Page 5 Total Cash and Investmentss 38,010,267.77 Run Date 01/20/2009. 08 18 38,677,238.54 38,832,321.08 38,678,967.40 3.451 363 Portfolio CNC CC PM (PRF PM2) SymRept 6 41. 202b City of National City Portfolio Management Interest Earnings Summary December 31, 2008 December 31 Month Ending Fiscal Year To Date Page 6 CD/Coupon/Discount Investments: Interest Collected 76,964.21 310.899.44 Plus Accrued Interest at End of Period 89,978.72 89,978.72 Less Accrued Interest at Beginning of Period ( 118,940.83) ( 107,258.53) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 48,002.10 Adjusted by Capital Gains or Losses 0.00 Earnings during Periods 293,619.63 900.00 48,002.10 294,519.63 Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00) 0.00) ( 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period 5,322.95 609.671.65 505,029.20 505.029.20 ( 448,856.81) ( 628.690.51) 61,495.34 486,010.34 Total Interest Earned during Period Total Capital Gains or Losses 109,497.44 0.00 779,629.97 900.00 Total Earnings during Period Run Date 01/20/20C9 - 08 18 109,497.44 780,529.97 Portfolio CNC CC PM (PRF_PM6) SymRepl 6.41. 202b CUSIP Investment# Issuer City of National City Investments by Dealer Dealer: FIRST TENNESSEE BANK N.A. Sorted by Dealer December 31, 2008 City of National City Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133XPY73 11272 Federal Home Loan Bank 02/27/2008 250,000.00 250.000.00 250.782.50 4.250 4.191 4.250 02/27/2013 1,518 3133XRBM1 11282 Federal Home Loan Bank 05/28/2008 175,000.00 175,000.00 180,031.25 4.125 4.068 4.125 05/28/2013 1,608 3128X7YA6 11294 Federal Home Loan Mrtgage Corp 06/25/2008 250,000.00 250,000.00 257.265.00 4.020 3.964 4.020 06/25/2012 1,271 Subtotal and Average 675,000.00 676,000.00 688,078.76 4.076 4.132 1,449 Total Investments and Average 676,000.00 Run Date. 01/20/2009 . 08 20 676,000.00 688,078.75 4.076 4.132 1,449 Portfolio CNC CC DD (PRF_DD) SyrnRept 6.41.202b Report Ve•. 5.00 CUSIP Investment # Issuer City of National City Dealer: Gilford Securities Inc December 31, 2008 Purchase Date Book Value Par Value Page 2 Current YTM/C YTM/C Maturity Days To Market Value Rate 360 365 Date Maturity Federal Agency Securities 31331GCP2 11306 3133XPXB5 11273 3133XQLG5 11276 3133XREN6 11285 3133XRG95 11290 3133XRGM6 11293 3133XSFA1 11308 3133XSNC8 11312 3128X6PR1 11231 3128X7RG1 11281 31398AJY9 C 11242 3136F82A2 C 11267 31398AMQ2 11268 3136F82N4 C 11271 Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Fannie Mae Fannie Mae Fannie Mae Fannie Mae 09/30/2008 03/06/2008 04/09/2008 06/10/2008 06/17/2008 06/19/2008 10/28/2008 12/16/2008 10/24/2007 05/28/2008 11 /21 /2007 02/12/2008 02/13/2008 02/20/2008 Subtotal and Average 250.000.00 200.000.00 200.000.00 250.000.00 200,000.00 200,000.00 500,000.00 300,000.00 300,000.00 200,000.00 250,000.00 500,000.00 250,174.69 500,000.00 4,100,174.69 250,000.00 200.000.00 200,000.00 250,000.00 200,000.00 200,000.00 500,000.00 300.000,00 300,000.00 200,000.00 250,000.00 500,000.00 250.000,00 500.000.00 4,100,000.00 254,042.50 200.616.00 2C0.068.00 251,872 50 204,248.00 201.788.00 500,925.00 308.607.00 300.654.00 201,312.00 250,802.50 526.970.00 250, 5 31.94 500,620.00 4,153,057.44 4.750 4,250 4.000 4.320 4.250 4.550 5.000 4.250 5 400 4.150 5.020 4.000 4.000 4.150 4.684 4.191 3.945 4.260 4.191 4.487 4.931 4.191 5.326 4.093 4.951 3.945 3.946 4.093 4.750 4.250 4.000 4.320 4.250 4.550 5.000 4.250 5.400 4.150 5.020 4.000 4.001 4.150 4.386 4.447 09/30/2013 03/06/2013 04/09/2013 06/10/2013 06/17/2013 06/19/2013 10/28/2013 12/16/2013 10/24/2012 05/28/2013 11/21/2012 02/12/2013 02/06/2013 02/20/2013 1.733 1.525 1.559 1.621 1,628 1,630 1,761 1,810 1.392 1,608 1.420 1,503 1,497 1,511 1,586 Total Investments and Average Run Date 01/20/2009 - 08.20 4,100,174.69 4,100,000.00 4,153,057.44 4.186 4.447 1,686 Portfolio CNC CC DD (PRF_DD) SymRept 6.41.202b Report Ver. 5.00 C CUSIP Investment # Issuer City of National City Dealer: Multi -Bank Securities Inc December 31, 2008 Purchase Date Book Value Par Value Page 3 Current YTM/C YTM/C Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly SYS11310 SYS11265 SYS11247 SYS11262 SYS11275 SYS11309 SYS11209 SYS11291 SYS11261 SYS11313 SYS11289 SYS11292 11310 BankFirst 11265 Cape Fear Bank 11247 Centenial Bank 11262 CenTrust Bank, N.A. 11275 Cole Taylor Bank 11309 High Trust Bank 11209 Hillcrest Bank 11291 The Leaders Bank 11261 Nat'l Republic Bank of Chicago 11313 R-G Premier Bank of Puerto Ric 11289 Select Bank 11292 Westernbank Puerto Rico 11/14/2008 02/07/2008 11/20/2007 01/22/2008 03/31/2008 11/13/2008 08/16/2007 06/18/2008 01/11/2008 11/07/2008 06/16/2008 06/18/2008 Subtotal and Average 99,000.00 99,000.00 99,000.00 99,000.00 99.000.00 99.000.00 99.000.00 99.000.00 99.000.00 97,000.00 99.000.00 97.000.00 99.000.00 99, 000.00 99, 000.00 99, 000.00 99,000.00 99,000.00 99.000.00 99.000.00 99.000.00 97.000.00 99,000.00 97,000.00 1,184,000.00 1,184,000.00 99,000.00 4.200 4.142 99,000.00 3.500 3.452 99,000.00 5 000 4.931 99.000.00 4 510 4.448 99.000.00 3.820 3.820 99.000.00 4.250 4.191 99.000.0 5 260 5.187 100.519.65 4.050 4.050 99.000.00 4 920 4.852 99.009.84 4.500 4.438 100.450.35 4.000 3.945 98.410.38 4 000 3.945 1,190,390.22 4.284 4200 3.500 5.000 4 510 3 873 4.250 5.260 4.106 4.920 4.500 4.000 4.000 4.344 11/16/2009 02/09/2009 05/20/2009 01/22/2009 04/01/2010 11/15/2010 08/17/2009 06/18/2010 01/12/2009 11/09/2010 06/16/2010 06/18/2010 319 39 139 21 455 683 228 533 11 677 531 533 346 Federal Agency Securities 3133XKUL7 3133XOTE2 3133XRBRO 3128X7LK8 3136F82A2 3136F82N4 3136F9CB7 11211 Federal Home Loan Bank 11280 Federal Home Loan Bank 11283 Federal Home Loan Bank 11279 Federal Home Loan Mrtgage Corp 11266 Fannie Mae 11270 Fannie Mae 11274 Fannie Mae 08/02/2007 05/06/2008 06/04/2008 05/01/2008 02/12/2008 02/20/2008 03/ 11 /2008 Subtotal and Average 201,087.50 300,466.67 200,000.00 250,000.00 250,000.00 250.000.00 250,000.00 200,000.00 300, 000.00 200, 000.00 250,000.00 250,000.00 250.000.00 250.000.00 1,701,554.17 1,700,000.00 205. 337.50 302.059.67 202.250.00 251,767.50 262.812.50 250,157.50 263.202.50 1,737,587.17 5.250 4.000 4.250 4.050 4.000 4.150 4.000 5.264 3.944 4.191 3.994 3.945 4.093 3.945 5.337 3.999 4.250 4.050 4.000 4.150 4.000 4.159 4.217 05/29/2012 04/22/2013 06/04/2013 05/01/2013 02/12/2013 02/20/2013 03/11/2013 1.244 1.572 1.615 1.581 1.503 1.511 1.530 1,514 Total Investments and Average Run Date 01/20/2009 - 08.20 2,885,554.17 2,884,000.00 2,927,977.39 4.210 4.269 1,035 Portfolio CNC CC DD (PRF_DD) Syrr.Rept 6.41.202b Report Ver. 5.00 CUSIP Investment# Issuer City of National City Dealer: Mutual Securities, Inc. December 31, 2008 Page 4 Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500.000.00 500.000.00 478.305.00 4.000 3.945 4.000 02/15/2012 1,140 Subtotal and Average 600,000.00 500,000.00 478,305.00 3.945 4.000 1,140 Federal Agency Securities 3136F8VL6 11249 Federal Natl. Mortgage Assoc. 11/07/2007 300,000.00 Subtotal and Average 300,000.00 300.000.00 301.125.00 5.000 4.931 5.000 11/07/2012 1.406 300,000.00 301,125.00 4.932 5.000 1,406 Total Investments and Average Run Date 01/20/2009.0820 800,000.00 800,000.00 779,430.00 4.315 4.375 1,239 Portfolio CNC CC DO (PRF DD) SymRept 6.41.202b Repc't Ver. 5.00 CUSIP Investment# Issuer City of National City Dealer: U.S. Sterling Capital Corp. December 31, 2008 Page 5 Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly SYS 11307 11307 SYS11302 11302 SYS11229 11229 SYS11287 11287 SYS11207 11207 SYS11227 11227 SYS11259 11259 SYS11224 11224 SYS11226 11226 SYS11260 11260 SYS11223 11223 SYS11222 11222 SYS11300 11300 SYS11240 11240 SYS11305 11305 SYS11258 11258 SYS11297 11297 SYS11286 11286 SYS11200 11200 SYS1,1208 11208 SYS11296 11296 SYS11288 11288 SYS11236 11236 SYS11220 11220 SYS11237 11237 SYS11202 11202 SYS11301 11301 SYS11263 11263 SYS11241 11241 SYS11299 11299 SYS11264 11264 SYS11303 11303 SYS11246 11246 SYS11225 11225 SYS11298 11298 Run Date: 01/20/2009 • 08.20 American Home Bank 10/23/2008 99,000.00 99.000.00 99.000.00 4.600 4.536 4.600 10/23/2009 295 AMERIKA SAMOA BANK 09/22/2008 99,000.00 99,000.00 99,000.00 4.500 4.438 4.500 09/22/2010 629 Bank of Washington 10/23/2007 98,981.21 98,981.21 98.981.21 5.100 5.030 5.100 10/23/2009 295 Bank of North Carolina 06/10/2008 99,000.00 99.000.00 99,000.00 4.050 3.994 4.050 06/10/2010 525 The Brand Banking Company 08/16/2007 99,000.00 99,000.00 99.000.00 5.400 5.326 5.400 08/17/2009 228 Business Bank of Fox River Vly 10/24/2007 99,000.00 99,000.00 99,000.00 5.050 4.980 5.050 04/27/2009 116 Capitol City Bank & Trust 01/04/2008 99,000.00 99,000.00 99,000.00 4.850 4.783 4.850 01/04/2010 368 Citizens Bank of Newburg 10/22/2007 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 10/22/2009 294 Citizens Natl. Bank of Quitman 10/22/2007 99,000.00 99,000.00 99.000.00 5.050 4.980 5.050 10/23/2009 295 Columbia Savings & Loan 01/04/2008 99,000.00 99,000.00 99.000.00 4.850 4.783 4.850 01/04/2010 368 Community First Bank & Trust 10/23/2007 99,000.00 99,000.00 99.000.00 5.100 5.030 5.100 04/23/2009 112 Crestmark Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 10/01/2009 273 Farmers Bank 09/10/2008 99.000.00 99,000.00 99,000.00 4.400 4.339 4.400 09/10/2009 252 Feliciana Bank & Trust 11/02/2007 99.000.00 99,000.00 99,000.00 5.050 4.980 5.050 11/02/2009 305 Forreston State Bank 10/01/2008 99.000.00 99,000.00 99.000.00 4.150 4.093 4.150 10/01/2009 273 Garden City State Bank 01/03/2008 99,000.00 99,000.00 99,000.00 4.750 4.684 4.750 01/04/2010 368 Georgian Bank 07/10/2008 99.000.00 99.000.00 99,000.00 4.260 4.201 4.260 07/12/2010 557 Branch Baking & Trust/Haven Tr 06/10/2008 99,000.00 99,000.00 99.000.00 4.010 3.955 4.010 06/10/2010 525 Home Federal Bank of Hollywood 07/24/2007 99,000.00 99,000.00 99.000.00 5.500 5.424 5.500 07/24/2009 204 Inter Savings Bank 08/16/2007 99,000.00 99,000.00 99.000.00 5.500 5.424 5.500 08/17/2009 228 Jacksonville Bank 07/10/2008 99,000.00 99,000.00 99,000.00 4.470 4.408 4.470 07/12/2010 557 Live Oak Banking Company 06/11/2008 99,000.00 99,000.00 99,000.00 4.070 4.014 4.070 06/11/2010 526 Monterrey County Bank 10/01/2007 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 10/01/2009 273 New City Bank 09/26/2007 99,000.00 99,000.00 99.000.00 5.150 5.079 5.150 09/28/2009 270 North American Banking Co. 10/01/2007 99,000.00 99,000.00 99.000.00 5.250 5.178 5.250 10/01/2009 273 Omni National Bank 07/23/2007 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/23/2009 203 Orion Bank 09/16/2008 99.000.00 99.000.00 99,000.00 4.500 4.438 4.500 09/16/2010 623 Pacific Western Bank 01/22/2008 99,000.00 99,000.00 99,000.00 4.750 4.684 4.750 01/22/2010 386 Pinnacle Bank 11/20/2007 99,000.00 99,000.00 ' 99.000.00 5.000 4.931 5.000 11/20/2009 323 STATE BANK OF INDIA (CALIF) 07/18/2008 99,000.00 99,000.00 99.000.00 4.250 4.191 4.250 07/19/2010 564 Southern Bank 02/05/2008 99,000.00 99,000.00 99.000.00 3.700 3.649 3.700 02/05/2010 400 Sun West Bank 09/19/2008 99,000.00 99,000.00 99.000.00 4.280 4.221 4.280 09/22/2009 264 Synovus Bank of Jacksonville 11/14/2007 99,000.00 99,000.00 99.000.00 5.050 4.980 5.050 11/16/2009 319 First Tuskegee Bank 10/17/2007 99.000.00 99.000.00 99.000.00 5.200 5.128 5.200 04/17/2009 106 Union National Bank of Elgin 07/19/2008 99.000.00 99,000.00 99.000.00 4.480 4.418 4.480 07/19/2010 564 Portfolio CNC CC DD (PRF_DO) SyrnRept 6.41.202b Report Ver. 5.00 CUSIP Investment # Issuer City of National City Dealer: U.S. Sterling Capital Corp. December 31, 2008 Page 6 Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Subtotal and Average 3,464,981.21 3,464, 981.21 3,464,981.21 4.711 4.776 347 Total Investments and Average 3,464,981.21 Run Date 01/20(2009 - 08 20 3,464,981.21 3,464,981.21 4.711 4.776 347 Portfolio CNC CC DD (PRF DD) SymRept 6.41. 202b Report Ver. 5.00 CUSIP Investment # Issuer City of National City Dealer: UBS Financial Svcs. December 31, 2008 Page 7 Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133XQPJ5 11278 Federal Home Loan Bank 04/24/2008 100,000.00 100.000.00 100,750.00 4.000 3.945 4 000 04/24/2013 1,574 3133XSFL7 11311 Federal Home Loan Bank 10/28/2008 250,000.00 250,000.00 250,625.00 5.050 4.980 5.050 10/28/2013 1,761 3136F9SE4 11284 Federal Natl. Mortgage Assoc. 06/10/2008 250,000.00 250.000.00 251,250.00 4.000 3.945 4.000 06/10/2013 1,621 Subtotal and Average 600,000.00 600,000.00 602,625.00 4.377 4.438 1,671 Total Investments and Average 600,000.00 Run Date. 01/20/2009 - 08 20 600,000.00 602,625.00 4.377 4.438 1,671 Portfolio CNC CC CD (PRF_DD) SymRept 6.41.202b Report Ver 5.00 CUSIP Investment # Issuer City of National City Dealer: Unspecified Dealer December 31, 2008 Page 8 Purchase Current YTM/C YTM/C Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity LAIF 98-37-576 11058 Local Agency Investment Fund 07/01/2008 20,877,989.58 20,877,989.58 Subtotal and Average 20,877,989.58 20,940,903.54 2.774 2.736 2.774 1 20,877,989.58 20,940,903.54 2.736 2.774 1 CalTrust 201-000017-10 11059 CalTrust 07/01/2008 2,275,267.75 2.275.267.75 Subtotal and Average 2,275,267.76 2,275,267.75 2.680 2.643 2.680 1 2,275,267.75 2,275,267.75 2.643 2.680 1 CDARS SYS11215 11215 Neighborhood National Bank 09/13/2007 2,000,000.00 2,000,000.00 2,000,000.00 5.130 5.059 5.130 03/11/2009 69 SYS11304 11304 Neighborhood National Bank 07/24/2008 1,000,000.00 1,000,000.00 1,000,000.00 3.150 3.106 3.150 07/23/2009 203 Subtotal and Average 3,000,000.00 3,000,000.00 3,000,000.00 4.409 4.470 113 Total lnvestments and Average 26,163,257.33 Run Date 01/20/2009 - 08 20 26,153,267,33 26,216,171.29 2.920 2.960 13 Portfolio CNC CC OD (PRF_DD) SymRept 6.41.202b Report Ver. 5.00 City of National City, California COUNCIL AGENDA STATEMENT I1 EETING DATE February 3, 2009 AGENDA ITEM NO. 12 ITEM TITLE Public Hearing and Proposed Finding of No Significant Environmental Effect for a Proposed 9 Lot Subdivision Map, Including a Density Bonus and Development Incentives for Providing 1 Affordable Unit on a 0.71- Acre Site at 2121 Grove Street (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS) PREPARED BY Peggy Chapinn36-4319 DEPARTMENT Planning Division EXPLANATION This item was scheduled for Council consideration on December 18, 2008. At the request of the applicant, the item was continued to February 3, 2009. The project site is a parcel zoned Single -Family Extendible (RS-3-PD) located on the east side of Grove St., north of 22nd St. It is currently improved with a single-family home. The applicant submitted a tentative subdivision map for nine (9) parcels, with the intent to move the existing home and construct eight new residences on individual lots. The site's General Plan/Zoning designation is intended for single-family homes and would allow for construction of six homes on the property. The applicant proposes to use the State Density Bonus allowance from Gov't Code Section 65915 to gain a 35% density bonus, thereby increasing the number of units from six to nine. As required by State law, one home would be reserved for a "Very Low income household," or one earning 50% of the area median income (AMI) for San Diego County. The applicant is also requesting several exceptions from City design requirements, including: side and front setbacks, height, lot size, width, and frontage, and to waive undergounding off -site utilities. Per State Density Bonus regulations, an applicant is allowed a certain number of development incentives or concessions based on the number of affordable units they propose. Staff reviewed the project with regard to consistency with City Plans and Guidelines, and with the State Affordable Housing Density Bonus Code. In addition, at the request of the Planning Commission, the City contracted with a financial consultant to provide additional economic analysis of the proposal. Through the analysis, staff found two of the applicant's requests for concessions did not meet the meaning of a concession and thus recommended they be denied. Consequently, as the applicant does not want to move forward in the absence of the requests for concessions, the project is not approvable. The Planning Commission held multiple public hearings between June 16 and November 3, 2008, considered staff recommendations and public comment, and recommended denial of the proposal. The background report describes the proposal in more detail. Environmental Review Financial Statement N/A N/A Proposed Negative Declaration (2008-59 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission's recommendation that the proposed project and Tentative Subdivision Map be denied. BOARD / COMMISSION RECOMMENDATION Planning Commission recommended denial of the Tentative Subdivision Map Vote: Ayes- Reynolds, Flores, Pruitt, Baca, Alvarado, Farias Abstain: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 3. Site Aerial 2. Planning Commission Reso. No. 45-2008 4. KMA Financial Analysis Including Findings of Denial 5. Project Comments Received 3. Location Map (public and agency) 6. Proposed Negative Declaration 7. Applicant's Financial Analysis 8. Applicant's Project Description & Plans (Exhibits A) A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT `owrEETING DATE February 3, 2009 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE FISCAL YEAR 2008-2009 CAPITAL IMPROVEMENT BUDGET PREPARED BY Jeanette Ladrid Finance Directo EXPLANATION DEPARTMENT Finance, x4331 SEE ATTACHED EXPLANATION Environmental Review N/A Financial Statement Various fund balances will be adjusted to reflect the internal review and needs assessment of Capital Improvement Program (CIP) Projects and related funding recommendations. Approved By: STAFF RECOMMENDATION Approve the amendments to the Fiscal Year 2008-2009 Capital Improvement Program (CIP) Projects and related funding recommendations. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Resolution Attachment A A-200 (9/80) EXPLANATION: On May 22, 2001, a 5 year Capital Improvement Plan for the period of Fiscal Year 2001- 2002 through Fiscal Year 2005-2006 was approved. Beginning in Fiscal Year 2006- 2007, capital projects were funded and approved annually through the budget process. In an effort to reconcile the capital budgets, the Finance Department has performed an internal review of all Capital Improvement Projects that have appropriations in the City's books. With the approval of the Capital Improvement Program committee, staff request that the attached listing of projects (Attachment A) be adjusted to reflect its current status. The attached listing also incorporates Community Development Commission projects and classifies them in their respective funding sources (i.e. Tax Increment, Low & Moderate Income Housing, etc). Upon amending the project appropriations, staff will have a better picture of available funding and prioritization of current projects. The review identifies projects continuing to FY 2008-2009 and projects that require funding adjustments. Once the project balances are updated, the Capital Improvement Program committee will continue to review and rank all projects according to the following criteria: A. Health, Safety, & Regulatory Requirements 40% B. Cost and Funding Opportunities 20% C. General Plan compliance and Community Support 10% D. Multiple Category Benefit 10% E. Maintenance Needs 10% F. Readiness and Deliverability 10% The Capital Improvement Program committee's goal is to complete a five year CIP utilizing the approved criteria beginning the fiscal year 2009-2010 budget year. As the Council evaluates and begins to discuss the Long Term Capital Financing Plan at the Budget workshops, these criteria would be applied to the many projects that are on the list of needs. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE FISCAL YEAR 2008-2009 OPERATING BUDGET AND CAPITAL IMPROVEMENT BUDGET BE IT RESOLVED by the City Council of the City of National City that the Fiscal Year 2008-2009 budget is amended as submitted by the City Manager, as modified and recommended by the Finance Committee, and hereby presented to the City Council. PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects Continuing to FY 2008/09 Account Number General Fund 001-409-500-598-1121 001-409-500-598-1408 001-409-500-598-4017 001-409-500-598-4127 001-409-500-598-6035 001-409-500-598-6166 001-409-500-598-6565 001-409-500-598-6573 001-409-500-598-7049 Total General Fund Project Name Sweetwater Channel Maintenance Waterproof PD Parking Lot Resurface Tennis Courts in City Parks Remodel/Renovate Park & Rec Facilities Resurface Streets Safe Routes to Schools Traffic Signal Timing/Interconnect Traffic Monitoring/System Improvements Miscellaneous Storm Drain Improvements Gas Tax Fund 109-409-500-598-6035 Resurface Various Streets 109-409-500-598-6115 Pavement Management Systems 109-409-500-598-6135 Reinstallation of Street Lights 109-409-500-598-7062 Miscellaneous Storm Drain Work Total Gas Tax Fund Park & Rec Capital Outlay Fund 115-409-500-598-4076 Soccer Arena Project -Kimball Park Total Park & Rec Capital Outlay Fund Sewer Service Fund 125-409-500-598-2014 Sewer System Maintenance 125-409-500-598-2020 Valencia Park Trunk 125-409-500-598-2022 Replacement of Failed Metal Pipe 125-409-500-598-2024 Sewer Upsizing 125-409-500-598-2025 22nd Street Sewer Replacement Total Sewer Service Fund 2007/08 Project Balance to Carryover to FY 08/09 80,227.00 297,700.00 8,393.00 866,451.55 57,002.05 38,357.86 72,050.00 104,809.73 50,000.00 1,574,991.19 427,563.40 30,000.00 125,084.00 259,763.00 842,410.40 114,230.66 114,230.66 2,002,289.79 480,000.00 150,000.00 2,260,000.00 1,067,000.00 5,959,289.79 V .LtslaINIHOVIIV City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects Continuing to FY 2008/09 Account Number Project Name STP Local!Transnet Highway Fund 312-409-500-598-6569 Plaza Boulevard Widening Total STP Local/Transnet Highway Fund Safe Routes to School Fund 323-409-500-598-6166 Safe Routes to School Total Safe Routes to School Fund Prop 1 B Fund 346-409-500-598-6035 Resurface Streets Total Prop 1B Fund State Grant Fund 348-409-500-598-4113 Paradise Creek Park Total State Grant Fund Tax Increment Fund 511-409-500-598-3005 Kimball House 511-409-500-598-3100 2501 Cleveland Avenue (Old Train Depot) 511-409-500-598-3104 Pacific Steel 511-409-500-598-3200 Education Village 511-409-500-598-3219 The Cove (ARE Holdings) 511-409-500-598-3731 Foodland Facade 511-409-500-598-3743 Port JPA 511-409-500-598-3744 Library Lease/Remodel 511-409-500-598-3809 723 W 23rd 511-409-500-598-3816 Aquatic Center 511-409-500-598-3821 Bay Marina Drive Widening 511-409-500-598-3826 Westside Specific Plan 511-409-500-598-3844 BNSF - Home Depot 511-409-500-598-3847 2300 Cleveland/830 23rd Street 2007/08 Project Balance to Carryover to FY 08/09 1,118,004.48 1,118,004.48 124,945.61 124,945.61 982,993.17 982,993.17 153,156.36 153,156.36 191,347.27 85,000.00 67,321 30,000 92,889 70,791 166,000 551,700 20,000 52,000 52,000 345,000 5,000 199,250 Total Tax Increment Fund 1,928,297.27 City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects Continuing to FY 2008/09 Account Number Project Name Information Systems Maintenance Fund 629-409-500-598-8032 Security Card Access System -Phase IV 2007/08 Project Balance to Carryover to FY 08/09 212,077.00 Total Information Systems Maintenance Fund 212,077.00 Office Equipment Depreciation Fund 630-409-500-598-8025 Automated Agenda Management System 630-409-500-598-8028 Fire Suppression System 27,077.35 40,000.00 Total Office Equipment Depreciation Fund 67,077.35 Total All Funds $ 13,077,473.28 Account Number General Fund 001-409-500-598-1409 001-409-500-598-2026 001-409-500-598-6090 001-409-500-598-6137 001-409-500-598-6165 001-409-500-598-6167 Total General Fund Project Name City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects that Require Funding Adjustments 2007/08 Appropriation 2007/08 Carryover 2008/09 Adjustment to 2008/09 Appropriation Remodel Fire Station #31 $ 50,000.00 $ (0.11) $ 49,999.89 $ Sweetwater Channel Maintenance 20,500.00 (20,500.00) Upgrade Pedestrian Ramps 7,493.00 (7,493.00) Misc. Concrete Improvements-Curb/Gutter 1,754.00 (1,754.00) Highway Safety Improvement Program 54,971.56 (54,971.56) Installation of Noise Barrier 30.000.00 (30,000.00) General Capital Outlay Fund 103-409-500-598-6149 Paradise Valley Road Improvement 103-409-500-598-6569 Plaza Boulevard Widening Total General Capital Outlay Fund Gas Tax Fund 109-409-500-598-6102 109-409-500-598-6113 109-409-500-598-6134 109-409-500-598-6136 109-409-500-598-6137 109-409-500-598-6161 109-409-500-598-6557 109-409-500-598-6558 109-409-500-598-6559 109-409-500-598-6560 109-409-500-598-6565 109-409-500-598-6573 Total Gas Tax Fund Slurry Seal & Street Maintenance Program Replace Street Signs Install Pedestrian Ramps Pavement Management System Update Misc. Concrete Improvements-Curb/Gutter Sweetwater Road Improvements Traffic Monitoring System Upgrading Traffic Signal TRF Sgnl 1228/NTUPLZ/OLV 96-97 Traffic Signal Installation Traffic Signal Timing/Interconnect Traffic Monitoring/System Improvements Emergency Preparedness Fund 110-409-500-598-1397 Civic Center Emergency Generator Total Emergency Preparedness Fund Sewer Service Fund 125-409-500-598-2019 Stand. Cnctns. Standby Generator 125-409-500-598-2021 Sewer Pump Station Alarm Replacement Total Sewer Service Fund 164,718.56 (114,718.67) 49,999.89 1,014,945.00 (1,014,945.00) - 1,014,945.00 1,014,945.00 Total 2008/09 Adjustment Budget $ 49,999.89 49,999.89 1,014,945.00 1,014,945.00 277,091.94 (244,937.01) 598.75 (598.75) 926.87 (926.87) 27,152.85 (27,152.85) 17,402.87 (17,402.87) 1,110.00 (1,110.00) 37,487.47 (37,487.47) 14,666.33 (14,666.33) 1,884.00 (1,884.00) 2,053.00 (2,053.00) 14,666.33 37,487.47 1,014, 945.00 32,154.93 14,666.33 37,487.47 1,014,945.00 32,154.93 14,666.33 37,487.47 380,374.08 (296,065.35) 84,308.73 3,750.00 (3,750.00) 3,750.00 32,688.00 30,268.94 (3,750.00) (32,688.00) (30,268.94) 84,308.73 62,956.94 (62,956.94) l l l City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects that Require Funding Adjustments Account Number Project Name Civic Center Refurbishing Fund 189-409-500-598-1160 Upgrade Mag Starter - Civic Center 189-409-500-598-1400 Phase 7 - Garden Level Remodel 189-409-500-598-1569 Basement Refurbishing 189-409-500-598-1575 Civic Center Seismic Upgrade Phase I 189-409-500-598-1579 Phase 76-Mid 2nd Floor Remodel City Hall 189-409-500-598-1580 Civic Center Signing Program 189-409-500-598-8032 Security Card Access System Phase IV 189-409-500-598-8036 Community Conference Room AudioNisual Total Civic Center Refurbishing Fund Capital Project Reserve Fund 196-409-500-598-1153 196-409-500-598-1156 196-409-500-598-1158 196-409-500-598-1159 196-409-500-598-1397 196-409-500-598-1404 196-409-500-598-1565 196-409-500-598-1586 196-409-500-598-1587 196-409-500-598-4121 196-409-500-598-6150 196-409-500-598-6152 196-409-500-598-6571 196-409-500-598-8024 Install Light Switches Various City Bldg Upgrade Fuel Tanks/Water Barrier Alarms Replace Shower Valves - Police Department Replace Restroom Flushometer Comm. Cntr Civic Center Emergency Generator Conversion to Energy Efficient System Public Works Yard Site/Inv/Closure Miscellaneous Capital Projects Replace PD Underground Tank Exxon Mobile Playground Electric Meter Box Conversion -Highland Alley Improvements Paint Traffic Signal Poles Public Works Fuel Management System Total Capital Project Reserve Fund National City Library State Grant Fund 241-409-500-598-1583 National City Library Total National City Library State Grant Fund National City Library Matching Fund 242-409-500-598-1583 National City Library Total National City Library Matching Fund 2007/08 Appropriation 15,000.00 505,572.00 5,905.00 1,029,835.92 220,203.02 88,755.00 594.54 50,000.00 2007/08 Carryover 2008/09 Adjustment to 2008/09 Appropriation (15,000.00) (505,572.00) (5,905.00) (1,029,835.92) (220,203.02) (88,755.00) (594.54) (50,000.00) Total 2008/09 Adjustment Budget 1,915,865.48 14,250.34 28,062.50 3,314.69 2,710.99 85,000.00 5,076.63 7,000.00 14, 000.00 9,664.75 4,049.07 35,500.00 7,693.80 9,000.00 20,000.00 (1,915,865.48) (14,250.34) (28,062.50) (3,314.69) (2,710.99) (85,000.00) (5,076.63) (7,000.00) (14,000.00) (9,664.75) (4,049.07) (35,500.00) (7,693.80) (9,000.00) (20.000.00) 245,322.77 (245,322.77) 16,260.70 (16,260.70) 16,260.70 (16,260.70) 24,932.60 (24,932.60) 24,932.60 (24,932.60) Account Number Project Name New Fire Station Construction Fund 250-409-500-598-1588 New Fire Station Construction Total New Fire Station Construction Fund Jobs Housing Balance Grant Fund 271-409-500-598-4126 Capital Improvement Program Total Jobs Housing Balance Grant Grant-C.D.B.G. Fund 301-409-500-598-1135 301-409-500-598-1176 301-409-500-598-1177 301-409-500-598-1566 301-409-500-598-1577 301-409-500-598-2023 301-409-500-598-4009 301-409-500-598-4076 301-409-500-598-6133 301-409-500-598-6134 301-409-500-598-6135 301-409-500-598-6558 Pool Plumbing Rehab Firefighting Equipment FY2002 Station 10-Exhaust Ventilation System Fire Station Study 99-00 Fire Station Design Groundwater Pollutants Monitoring Replace Main Hall Tile Floor Sections Soccer Arena Project -Kimball Park Install Ped. Ramps 97-98 Pedestrian Ramps Reinstallation of Street Lights Upgrading Traffic Signal 301-409-500-598-6560 Traffic Signal Installation 301-409-500-598-7062 Miscellaneous Storm Drains Total Grant-C.D.B.G. Fund Capital Facilities Fund 303-409-500-598-1400 Phase 7 - Garden Level Remodel 303-409-500-598-1406 Resurface Public Works Yard Asphalt 303-409-500-598-1545 Library Building Project 303-409-500-598-1585 Misc. Facility Improvement 303-409-500-598-4097 Municipal Pool 303-409-500-598-4104 Soccer Field Development 303-409-500-598-4115 Civic Center Beautification - Phase I Total Capital Facilities Fund City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects that Require Funding Adjustments 2007/08 Appropriation 276,858.59 2007/08 Carryover 2008/09 Adjustment to 2008/09 Appropriation (276,858.59) - 276,858.59 (276,858.59) 406.01 406.01 121.21 2,864.00 18,485.00 12,823.00 36,300.00 10, 000.00 10,037.00 77,045.96 9,448.00 242.30 2,576.00 25,000.00 153.543.06 (406.01) (406.01) (121.21) (2,864.00) (18,485.00) (12,823.00) (36,300.00) (10, 000.00) (10,037.00) (4,000.00) 73,045.96 (9,448.00) 33,169.41 (2,576.00) 25,000.00 (25,000.00) (103,878.00) 358,485.53 (177,362.80) 150,000.00 70,000.00 5,480.00 7,997.77 2,634.43 75,000.00 122,474.00 (150.000.00) (70,000.00) (5,480.00) (7,997.77) (2,634.43) (75,000.00) (122,474.00) 33,411.71 25,000.00 49,665.06 181,122.73 Total 2008/09 Adjustment Budget 73,045.96 33,411.71 25,000.00 49,665.06 181,122.73 433,586.20 (433,586.20) City of N.Llonal City FY 2008/09 Capital Improvement Program Reconciliation Projects that Require Funding Adjustments Account Number Project Name Park Development Fund 304-409-500-598-4010 Replace Drinking Fountains in Parks 304-409-500-598-4011 Replace Misc Park Bathroom Fixtures 304-409-500-598-4074 Hardwire Alarms - Various Park Buildings 304-409-500-598-4109 Install ADA Compliant Drinking Fountains 304-409-500-598-4111 Replace Electrical Cabinet - El Toyon 304-409-500-598-4120 Replacement of Lawn Genie Total Park Development Fund Proposition "A" Fund 307-409-500-598-1012 307-409-500-598-6001 307-409-500-598-6033 307-409-500-598-6035 307-409-500-598-6157 307-409-500-598-6558 307-409-500-598-6560 307-409-500-598-6569 Bicycle Master Plan "N" Ave Right of Way/Construction "N" Ave 8th to Plaza Boulevard Resurface Streets Highland Avenue Resurfacing Upgrading Traffic Signal Traffic Signal Installation Plaza Boulevard Widening Total Proposition "A" Fund Traffic Congestion Relief Fund 345-409-500-598-6035 Resurface Streets Total Traffic Congestion Relief Fund Tax Increment Fund 511-409-500-598-3738 511-409-500-598-3827 511-409-500-598-3829 511-409-500-598-3842 511-409-500-598-3851 511-409-500-598-3917 511-409-500-598-3918 511-409-500-598-3933 511-409-500-598-6157 511-409-500-598-6169 1820 G Avenue Paradise Creek El Centro Project - Constellation Marina Gateway Improvements Granger Music Hall Days Inn 8th Street Streetscape Improvements Casa Familiar Highland Avenue Resurfacing Phase II Marina Gateway Public Improvements 2007/08 Appropriation Adjustment 8,002.00 (8,002.00) 12,258.80 (12,258.80) 6,000.00 (6,000.00) 1,690.00 (1,690.00) 1,660.00 (1,660.00) 29,000.00 (29,000.00) 2007/08 Carryover 2008/09 to 2008/09 Appropriation Total 2008/09 Adjustment Budget 58,610.80 (58,610.80) 984.52 3,528.48 4,513.00 31,624.00 (31,624.00) 331,730.00 (331,730.00) 356,271.40 1,775,744.60 84,034.00 (84,034.00) 114,729.00 417,730.00 532,459.00 125,000.00 (125,000.00) 557,241.47 437,705.53 994,947.00 2,132,016.00 4,674,000.00 1,601,614.39 2,062,320.61 3,663,935.00 4,674,000.00 265,187.95 (265,187.95) 265,187.95 (265,187.95) 6,000.00 120,725.00 2,000.00 1,200,000 1,300 1,500 895,000 4,000 (6,000.00) (120,725.00) (2,000.00) (1,300.00) (1,500.00) (895,000.00) (4,000.00) 1,200,000.00 586,265.00 586,265.00 2,000,000.00 2,373,000.00 1,573,000.00 (500,000.00) (2,373,000.00) 4,513.00 6,806,016.00 532,459.00 994,947.00 8,337,935.00 586,265.00 586,265.00 2,773,000.00 1,500,000.00 Total Tax Increment Fund 2,230,525.00 (1,030,525.00) 1,200,000.00 4,373,000.00 (1,300,000.00) 4,273,000.00 City of National City FY 2008/09 Capital Improvement Program Reconciliation Projects that Require Funding Adjustments 2007/08 2007/08 Carryover 2008/09 Total 2008/09 Account Number Project Name Appropriation Adjustment to 2008/09 Appropriation Adjustment Budget Office Equipment Depreciation Fund 630-409-500-598-8011 Card Access System 6,341.00 (6,341.00) 630-409-500-598-8015 Fire Department Management Software 31,000.00, (31,000.00) 630-409-500-598-8016 Civic Center Fire & Security Alarm 5,956.84 (5,956.84) - 630-409-500-598-8022 Voice/Data Fiber to 8th Street 30,000.00 (30,000.00) 630-409-500-598-8024 Public Works Fuel Management System 5,000.00 (5,000.00) - 630-409-500-598-8026 GIS Need Analysis Development 40,000.00 (40,000.00) - - - 630-409-500-598-8029 Conference Room AudioNisual Equipment 45,000.00 150,000.00 195,000.00 195,000.00 630-409-500-598-8031 Supplemental Funding AudioNideo Equip 150,000.00 (150,000.00) - - Total Office Equipment Depreciation Fund 313,297.84 (118,297.84) 195,000.00 195,000.00 Telecommunications Revolving Fund 631-409-500-598-8017 Internet Access -Email, Intranet 631-409-500-598-8018 Network/Community Infrastructure 631-409-500-598-8027 Unified Messaging & Call Management Total Telecommunications Revolving Fund 2,803.00 1,693.00 16,816.00 (2,803.00) (1,693.00) (16,816.00) 21,312.00 (21,312.00) 45,000.00 45,000.00 45,000.00 45,000.00 Total All Funds $ 9,389,010.44 $ (2,999,699.09) $ 6,389,311.35 $ 9,678,265.00 $14,767,576.35 City of National City, California COUNCIL AGENDA STATEMENT `MEETING DATE February 3, 2009 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the San Diego Foundation and the Alliance Healthcare Foundation for their public community meeting regarding the Paradise Valley Fund on Tuesday February 10, 2009 with no waiver of fees. AGENDA ITEM NO. 14 PREPARED BY DEPARTMENT Kaseem Baker v Community Services Phone: (619) 336-4 74 EXPLANATION The San Diego Foundation and the Alliance Healthcare Foundation are holding a community meeting, which is open to the public, for the purpose of discussing the Paradise Valley Fund. The Paradise Valley Fund was set aside to fund gaps in healthcare services due to the sale of Paradise Valley Hospital. The San Diego Foundation is requesting use of the Martin Luther King, Jr. Community Center for their staff training on .Tuesday February 10, 2009 from 4:30pm to 8:00pm. Approximately 150 guests will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 246.26 Custodial: $ 88.00 Total $ 384.26 Cleaning Deposit: $ 100.00 his rent test is consistent with City Cnimril Pnliry #ROR which nnverns the lisp of the renter Environmental Review N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $384.26 plus $100 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) t)y/ LI1 LVVJ 1V. .L VI JLUVJLVt 01/21/2009 WED 10:19 FAX Z003/012 City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 To ALL APPLICANTS: It is .strongly recommended that an applicant requesting use of a Oty Facility attend the City Council meeting when the item is scheduled for consideration In order to answer any questions from the City Council Facility Requested: please circle Ma . i ther IGng 3r. Building South Room Entire Facility Kimball Senior Center Casa De Salud Date(s) of Use: T b► 1 u a f ! 0 ..O L1 Day(s) of Use: 741,541.a .1/ Time of Use: From: 14: 3 D AMC) To; D 0 AM INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: eotn /1Q1 Met,' et Is the event open to the public? yew_ Name & Address of Organization/Group: /) h(�Gi'1te-41 � 5508 r7/ �iG WEA,(' -` 'a2DosGEA a no Tax ID# (35-2gti..25g,77 9°2- Non-profit organization Anticipated Maximum Attendance: 1 5D Percentage of National City Residents • Wilf Admission be charged? NO Amount $ Will this be a Fund Raising Event? /v Equipment Requested: / ?'"/ # of chairs frof banquet tables podium/Microphone Use of Kitchen: ✓ Yes No Is the Use of Alcohol Requested? NO Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? VYES NO Name: Use of Gas for Range and Oven: Yes No Name: Phone: Phone: Stage • How many times in the lastMeive months have you requested to,use a uty t-auuty? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City; its officers, agents, employees and volunteers from any loss, claims, and liability damages; and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby.certify to -abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree tobe personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes Levied on such interest. Applicant further agrees to pay any and ali.property taxes, if any assessed during the use of the Cty's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the Oty's facility. 1 CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM'TO ALL OF Ii-S PROVISIONS. DATE COMPLF t hD:' 071-ti/pq PRINT NAME: 8 ha Vbrr& SIGNATURE: ADDRESS OF A LICANT: c $V H151NiC- O( Cliii .W f . Sk. a0,) CITY, STATE, and ZIP CODE: , C-G 6/.14 t) Lv PHONE: DAY (II 1. 5S 21,1 &EVENING Cal9. 0Zto-112-6° (v M /� EMAIL: aily `'FAX NUMBER: UK. 1.9z 7 CONTACT PERSON ON THE DAY OF THE EVENT: 13c -Vb Please type or print clearly with'a ballpoint pen., Complete application rtiust be submitted and payment submitted in advance of the event. HOME PHONE: (li .) 2 d u °'2(L 40CELL: ((ill) 5I f Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: YES NO Safety/ Security Please describe your procedures for crowd control and internal security: iV/A- YES ✓ NO Have you hired any Professional Security organization to handle , security arrangernents for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consrrnnption Please describe your procedures for monitoring alcohol consumption: Organization must designate a, person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must.also be 21. years of age or older_ Name: Contact phone number the day of event: YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: January 26, 2009 Kasseem Baker Director Community Services Department City of National City 140 East 12th Street, Suite B National City, CA 91950 Mr. Baker, Attached please find the application for use of the Martin Luther King Community Center's North Room, on Tuesday, February 10, 2009, from 4:30p.m. - 8:00 p.m. The San Diego Foundation and the Alliance Healthcare Foundation are holding a community meeting, which is open to the public, for the purpose of discussing the Paradise Valley Fund. The Paradise Valley Fund, a fund which is managed by the San Diego Foundation. This fund was set aside upon the sale of Paradise Valley Hospital to Prime Health Care Services, to fund gaps in healthcare services due to the sale. We expect approximately 150 residents, stakeholders, and grant seekers to attend this meeting. Should you have any questions please feel free to call me GI 619.518.2726. Thank you in advance for your consideration. ruui�c VVOFKS ',once llepartment Fire Department __.Community Services Building and Safety Engineering Risk Management Finance. Department — Planning Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval: 7 City of National City, California COUNCIL AGENDA STATEMENT ,�,. FETING DATE February 3, 2009 AGENDA ITEM NO. 15 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Cornerstone Church of San Diego for a "Valentines Dinner" on February 13, 2009. With no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 336-274 DEPARTMENT Community Services EXPLANATION Cornerstone Church is requesting use of the Martin Luther King, Jr. Community Center on Friday February 13, 2009 from 5:00pm to 10:00pm to hold their Valentines Dinner. Approximately 300 participants will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 586.30 Custodial: $ 210.00 Total $ 846.30 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review J NIA Financial Statement STAFF RECOMMENDATION Approve the request with no waiver of fees. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter Requesting use of facility 01/13/2009 TUE 12:55 FAX /4002/011 CALIFORNIA •� N,WO W Y 'Ncoevo• T�.a D RECEIVED VO'M 1VNOIIVN JAN 1 3 Lim�ld3a S3OIAN3S AJJNf�WWO"' .COMMUNITY SERVICES DEPT. NATIONA City of National City Facility Use Application con? E I Ntlr a3A13O3I 140 E. 12Ih Street, Ste. A National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council �//Facility Requested: please circle 7�Martin Luther King Jr. Building Kimball Senior Center North Room South Room Entire Facility Casa De Salud Date(s) of Use: b : /5r cpOD' Day(s) of Use: Time of Use: From:5 ) e AM/PM To:/jJ 0,0 AM/PM — INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity:V/�(E r'1 I r e5 �kinrt y),_ Is the event open to the public? / j) COar/ e v06 cdu1 �t o-F Celn )Nt E j o t ail (A- . g4.6-2) Name & Address of Organiza ion/Group: Non- profit organizatioi Anticipated Maximum Attendance: SOO Will Admission be charged? r�� Amount Equipment Requested: # of chairs Podium/ icrophonc Use of Kitchen: /l Yes No Is the Use of Alcohol Requested? Will other paid scrvgces lie used (I. e, Name: EX.,/ t 5f E=5/Cgn Name: Us Tax ID # 3/,3bo`�— Percentage of National City Residents ./.POZ Will this be a Fund Raising E vent? --C # of banquet tables Stage **PLEASE ATTACH SEATING DIAGRAM** J e of Gas for Range and Oven: )1/4/ Yes No commercial caterer, DJ, Band, etc)? X Yes Phone: big. 9.5/ 791, Phone: 01/13/2009 TUE 12:56 FAX 0003/011 Hoy' many times in the last twelve months have you requested to use a City i'aci!ily? PRINT NAME: _ SIGNATURE: , / Q ADDRESS OF APPLICANT: /9/7' S1Ef7t.144. / CITY, STAGE, and ZIP CODE: l (Li;?IoMfJ e. f ?I' It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to he personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLEILED: J' /3 -v 9 UN/ (srf� PHONE: DAY-.P5—i33_3 EVENING Pg. 40. EMAIL: L /1� 1 yy if M. LU�%'1 -AX NUMBER: ��9..._.��s' �a7/ CONTACT PERSON ON THE DAY OF THE EVENT: _l,.¢ HOME PHONE: 4014t D7 CELL..: /Os. _W7 Please type or print clearly with a ballpoint pen., Complete application Must be submitted and payment submitted in advance of the event. C�nnnunity Services Staff Only Rental Amount Received: Receipt Number: Deposit Amount: Check .--- Key Issued: YES _ NO Deposit/Key Returned: _ 3 01/13/2009 TUE 12:56 FAX 0004/011 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign'the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: afizelete S/ � Person in charge of activity: Address: j /`7 - e Telepto': g 933 3 City Facilities and/or property requested: Date(s) of use: /3'09 off' C4.44 E-Mail: L indirpt Alie HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or -damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, emp •yees or contractors. ignature of Applicant Official Time Certificate of Insurance Approved by Nam; and Title 4 Date 01/13/2009 TUE 12:57 FAX Safety/ Security 0005/011 Please describe your procedure, for crowd control and internal security: . - 4..) l/ - .edi%/d -.-jury a ._ Seelig/ I j _s 2 eit su AlA!2.e.K + e� ; _PE-Z2i/jek (L) / 4// .a4k4s • YES YNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: �l s SGk�1_I-ts• .---.--- Security Organization Address: Security Director (Name):._4M1..._ _ 'QQ1_ Phone: 01/13/2009 TUE 12:57 FAX 0006/011 Monitoring Alcohol Consumption Please describe your procedures for monitori g alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: ..— J4 Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: --lJ Security Director (Name): -. --. __. Phone: 01/13/2009 TUE 12:57 FAX Public Works Police Department Fire Department VI 0 0 7 / 0 1 1 Community Services Building and Safety Engineering Risk Management Finance Department Planning '''',..:4r44-1,:u:(9,f&V. • Department _ Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval: 7 cornerstone CHURCH Of SAN DIEqO January 13, 2009 140 E. 12'h Str Nation 'rector of Commum Depar erstone Church of San ill be ce g our Annual Vale; rate marriages and honor c , that arc g to keep their hear to each other. equesting to use the "Ma Luther ' on Februa would be from 5:00PM to 10:00P i e a professio cater our event. We ho along wi has always tertain a maximum of 300 g ests .rizes. Cornerstone Churc: .f d an atmosphere of coin We can also gua Thank you for the oppor National City's forest. Best regards, Linda.). Hunt Hospitality Director own Praise a San Diego has a sp c' and order. -ill not have or su ersto lcoholic rages h of San Die (krhihq a�UQ neris... eam team that ent. t of igao sweetwater Rd., National city, California 91950 619.656.1333 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California =ETING DATE: February 3, 2009 AGENDA ITEM NO. 16 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $2,671.32 to the City of National City for the period of 12/31/08 through 01/06/09 PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT Finance Finance Director (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. } Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $2,671.32 N STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 'TACHMENTS (Listed Below) Warrants for the period the period of 12/31/08 through 01/06/09 PAYEE CORPORATE EXPRESS LASWER SAVER INC NAN MCKAY AND ASSOCIATES, STRATACOM URBAN FUTURES WELLS FARGO BANK COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 28 1/6/2009 DESCRIPTION OFFICE SUPPLIES - REDEVELOPMENT S8 TONER CARTRIDGE INC. MASTERBOOK REVISION SVC BUSINESS CARD - CDC TAX ALLOCATION HOUSING BONDS CREDIT CARD EXPENSES CHK NO 224633 224634 224635 224636 224637 224638 DATE 1/6/09 1/6/09 1/6/09 1/6/09 1/6/09 1/6/09 AMOUNT 79.31 166.28 214.00 15.77 1,950.00 245.96 A/P Total 2.671.32 MCORP on AT ED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 28 1/6/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 380.28 341.04 1,950.00 2,671.32 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'EETING DATE: February 3, 2009 AGENDA ITEM NO. 17 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $147,987.87 to the City of National City for the period of 01/07/09 through 01/13/09 PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT Finance Finance Director (619) 336-4331 EXPLANATION: Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review Financial Statement N/A Approve the reimbursement of funds to the City of National City in the amount o147,987.87 J STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A ♦ J rtTACHMENTS (Listed Below) Warrants for the period the period of 01/07/09 through 01/13/09 l COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 29 1/13/2009 PAYEE CORPORATE EXPRESS CITY OF NATIONAL CITY CORPORATE EXPRESS DANKA OFFICE IMAGING CO. DESROCHERS FEDEX FOLEY & LARDNER LAW OFFICES OF DON DETISCH NATIONAL CONSTRUCTION RENTAL PYATOK ARCHITECTS INC SAN DIEGO GAS & ELECTRIC SD ELECTRIC RAILWAY ASSOC SWEETWATER AUTHORITY WESTFLEX INDUSTRIAL XEROX CORPORATION NIPKYROLL Pay period Start Date 1 12/16/2008 DESCRIPTION CREDIT PACIFIC STEEL REZONE -CS# 2008-47-GPA OFFICE SUPPLIES - REDEV RENTALS & LEASES RETIREMENT BENEFIT JAN 2009 COURIER SERVICE CONSTELLATION GRP- CENTRO CDC V MATCHINSKI 1640 E PLAZA BLVD - DAY'S INN PARADISE CREEK STUDY 921 A AVE 11/17-12/17/08 MAINTENACE 1615 E 4TH ST 10/27-12/01/08 REIMB FOR EXPENSES REPLACING CK #10375 End Date Check Date 12/29/2008 1/7/2009 CHK NO 224738 224807 224808 224809 224810 224811 224812 224814 224815 224816 224817 224818 224819 224820 224821 DATE AMOUNT 1/13/09 (80.05) 1/13/09 37,090.00 1/13/09 67.71 1/13/09 447.36 1/13/09 110.00 1/13/09 64.91 1/13/09 220.00 1/13/09 2,259.35 1/13/09 142.52 1/13/09 15,246.82 1/13/09 106.65 1/13/09 600.00 1/13/09 149.80 1/13/09 2,811.20 1/13/09 778.58 A/P Total 60,014.85 87,973.02 60,014.85 GRAND TOTAL $ 147.987.87 CA1109)RIN7A NA 1 (emu• =-=-J INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 29 1/13/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 23,235.46 122,022.39 2,730.02 147,987.87 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT �..• MEETING DATE February 3, 2009 AGENDA ITEM NO. 18 (ITEM TITLE Investment Report for quarter ended December 31, 2008 PREPARED BY Jeanette Ladrido, CP EXPLANATION See attached report DEPARTMENT Finance x 4331 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended December 31, 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended December 31, 2008 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment �.• report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: Nor moo Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Most funds have remained in LAIF to meet staffs cash flow objectives. Large sums of money must remain liquid to ensure that staff does not miss opportunities to purchase land or property within the project area. For the quarter ended December 31, 2008, LAIF's return was 2.54%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 12% of the CDC's portfolio. Federal Agency Securities account for 5% of the investment portfolio. The average rate of return is 4.49% The CDC has 3% invested in Negotiable Certificates of Deposit. The average rate of return is 3.67%. The average monthly expenditures of the CDC is $1,400,000.00 To ensure compliance with Government Code Section 53646, the CDC must have $8,400,000.00 available to meet cash flow requirements. Staff certifies that there are sufficient funds to meet the cash flow requirements. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2008 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type % of Book Value Market Value Portfolio LAIF Federal Agency Securities Deutsche Bank Cash Negotiable CD's 18, 531,175.49 1,100,000.00 2,728,974.24 3,029.22 679,000.00 18,587,017.54 1,114,778.00 2,728,974.24 3,029.22 682,059.10 80 42% 4.77% 11.84% 0.01% 2.95% Totals for December 2008 23,042,178.95 23,115,858.10 100.00% Totals for September 2008 15,659,020.94 Portfolio increase from prior quarter 7,383,158.01 Deutsche Bank 11.84% Federal Agency Securities 4.77% Cash Negotiable CD's 0.01 % 2.95% LAI F 80.42% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 18,534,204.71 0.00 584,000.00 3,923,974.24 23,042,178.95 80.44% 0.00% 2.53% 17.03% 100.00% Community Development Commission of National City Finance Department COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF DECEMBER 31, 2008 AC('T T DESCRIPTION MATURITY DATE INTEREST BOOK MARKET ACCRUED GAIN OR % OF RATE VALUE \'A1.l:E INTEREST (LOSS) PORTFOLIO LAW I:VF 1.0('AI A6I.N('Y INVLS'I \11 Nl FUND S 18.531.175 49 S 18,587,017.54 $ 80.1 34 31 $ 55.842 05 SUBTo"I'Al.1.\IF $ 18,531,175.49 $ 18,587,017.54 $ 80.134.31 S 55,842.05 80.42% CERTIFICATE: OF DEPOSITS - ('OMMIUNITY UF\'F:LOPIIENT COMMISSION ( I) \1IHRI(':AN NA1IONAI BANK 99.00000 99 103.95 301 13 103 95 ()I 16 09 3 650(;100 10590 ('I) BANK OFOKLA!IONIA 95.000.00 95.438.90 253.,33 438.90 04.16,09 3.2005 i, 100.462'1 1. CI) BIZII)GFV'I1'11, BM' Co 97,000.00 97.622.74 3I1.21 622 74 ()5.1I5.09 3.850"; 100.64290 ('I.) ('OMNIUNITY BANK OF RAVI'NSWOOh 9 7.01)0 u) 97.497 61 282 92 497 61 04 14 09 3 500' 1005130„ ('I) LV'GRBANK 97.000.00 97,613.04 3(17.17 613.04 04, 30:'09 .1 8000 ;, 100.632% ('I) I IRS'F IN'LGRNL 1 BK OF IN 95,000.00 95,170.05 328.54 170.05 01,2810 4.150% 100.179% CI) SOV11121':I6N BANK 99.000.00 99,612 81 301.13 612.81 05. 05.09 3.6505 u 100.619" eNow ('ash Account Balance 3.029.22 3.029.22 SI IBTOTAL ('1) - CDC $ 682,029.22 $ 685,088.32 $ 2,085.42 $ 3,059.10 2.96% Page 1 of 2 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY INVESTMENT INVENTORY WITH MARKET VALUE AS OF DECEMBER 31, 2008 r —fir DESCRIPTION MATURITY DATE: INTEREST BOOK MARKET ACCRUED GAIN OR % OF RATE VALI E VALUE. INTEREST (LOSS) PORTFOLIO FEDF.RAI. AGENCY SECURITIES IES - CDC :A(,1-N( 1' FNFI:\ (12:25:11 .A( 1:N(Y 1111 �1(' .A( 1111 B AGENCY 1,I1I.13 \GI;N('Y 1'111 13 4 00000 500"" 4 700" o 4 7 5(I" 100 000 OO 2 5 (1 000.00 2 50.000.00 -50 000 00 250.000.00 100.1 :78.00 100.1780° 250.545 00 100 2180°0 258.940.00 103.57609'0 251.072.50 100.4290'Su 254,042.50 101 .6170(N, )3t (1 1.125.00 937.50 979.17 989.58 1-8 00 545.00 8.040 00 1.072 50 4.042.50 SI'BTOTAI. FEDF.RAI. AGENCY SECURITIES l IFS - ('DC S 1.100.000.00 $ 1,114,778.00 $ 4,364.58 S 14,778.00 4.77% CASH \\T171 FISCAL. AGENT DEIITS(711E BANK 2004 TAB REDEVELOPMENT FUND S 310,582 18 $ 31(1,582.18 INVFSTMENT'TREASIJRY MONEY FUND 2005:A TAB RFSFRV1 ACCOUNT 2,372,643.79 2,372,643.79 UBS FINANCE 100 003°4) 1.00 2005A TA/3 RESERVE AC( OIJN'I' 28,643.79 28,643.79 INVESTMENT" IREASIJRY MONEY FUND I.00 2005A 'FAB COST OF ISSIJANCF. FIND 2.364.91 2.364.91 INVESTMENT TREASURY MONEY FUND 1.00 2005B'I.A13 RESERVE ACCOIINT 9,754.04 9,754.04 INVESTMENr'IREASURY MONEY FIJND 1.00 2005E3 TAB COST OF ISSUANCE FUND 4.985.53 4,985.53 INVESTMENT TREASURY MONEY FIJND 1.00 $ SUBTOTAL. WITH CASH FISCAL AGENT $ 2,728,974.24 $ 2,728,974.24 $ - $ 11.84% GRAND TOTAL $ 23,042,178.95 $ 23,115,858.10 $ 86,58431 $ 73,679.15 100.00% `- Page 2 of 2 Noir COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: February 3, 2009 AGENDA ITEM NO. 19t ITEM TITLE: ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2008 PREPARED BY: Jeanette Ladr' • o, ; DEPARTMENT Finance Finance Dire 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, 2008 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 N/A Financial Statement N/A STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TTACHMENTS (Listed Below) Annual Financial Report for the Fiscal Year Ended June 30, 2008 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Financial Statements and Supplementary Information Year ended June 30, 2008 (This page intentionally left blank) 2 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Financial Statements and Supplementary Information Year ended June 30, 2008 TABLE OF CONTENTS Page Independent Auditors' Report 1 Basic Financial Statements: Government -Wide Financial Statements: Statement of Net Assets 3 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, Expenditures, and Changes - in Fund Balances of Governmental Funds to the Government -Wide Statement of Activities 12 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 Home Loan Program 48 HOME Program 49 Nutrition Program 50 Low and Moderate Income Housing Program 51 3 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Financial Statements and Supplementary Information Year ended June 30, 2008 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 Performed in Accordance with Government Auditing Standards 57 Schedule of Findings and Recommendations 59 II .n/ Mayer Hoffman McCann An Independent CPA Firm Conrad Government Services D}AJW on 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com Board of Directors Community Development Commission of the City of National City National City, California INDEPENDENT AUDITORS' REPORT 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, 2008, 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 govemmental activities, the business -type activities, and each major fund financial of the Community Development Commission of the City of National City at June 30, 2008, 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 be 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 5 Board of Directors Community Development Commission of the City of National City National City, California Page Two In accordance with Government Auditing Standards, we have also issued a report dated January 29, 2009 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 performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Irvine, California January 29, 2009 2 .1010 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL. CITY Statement of Net Assets June 30, 2008 Governmental Business -type Activities Activities Total Assets Cash and investments (note 5) $ 18,482,528 233,033 18,715,561 Cash and investments with fiscal agent (note 5) 4,233,561 1,804,906 6,038,467 Receivables: Accounts 87,133 1,392 88,525 Interest 133,291 - 133,291 Taxes 387,969 387,969 Loans 6,474,958 6,474,958 First time homebuyers loans 1,237,068 1,237,068 Due from other governments 501,275 501,275 Prepaid expense 73,077 73,077 Due from the City of National City 1,498,870 1,498,870 Deposits 3,386 86,330 89,716 Land held for resale 10,995,136 10,995,136 Capital assets (note 6): Nondepreciable capital assets 2,050,000 528,382 2,578,382 Depreciable capital assets, net of accumulated depreciation 744,998 7,909,878 8,654,876 Total assets 46,830,173 10,636,998 57,467,171 Liabilities Accounts payable and other liabilities 526,199 201,939 728,138 Accrued salaries and benefits 172,099 172,099 Accrued interest payable 160,380 160,380 Unearned revenue 1,034,489 1,034,489 Due to other governments 689,118 689,118 Due to City of National City 742,217 742,217 Noncurrent liabilities (note 7): Due within one year 2,140,000 179,857 2,319,857 Due in more than one year 39,680,000 2,673,606 42,353,606 Total liabilities 45,144,502 3,055,402 48,199,904 Net Assets Invested in capital assets, net of related debt 2,794,998 5,584,797 8,379,795 Restricted for low and moderate housing 9,1 16,381 1,996,799 11,113,180 Unrestricted net assets (deficit) (10,225,708) (10,225,708) Total net assets $ 1,685,671 7,581,596 9,267,267 See accompanying notes to basic financial statements. 3 7 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Statement of Activities Year ended June 30, 2008 Governmental activities: Low and moderate housing Community development Interest on long-term debt and related charges Program Revenues Operating Capital Total Charges for Contributions Contributions Program Expenses Services and Grants and Grants Revenues $ 280,252 21,218,387 2,011,578 16,467 13,144,869 13,161,336 Total governmental activities 23,510,217 16,467 13,144,869 13,161,336 Business -type activities: Low and moderate housing 1,887,352 1,050,380 993,897 2,044,277 Interest on long-term debt and related charges 191,470 - Total business -type activities 2,078,822 1,050,380 993,897 - 2,044,277 Total primary government $ 25,589,039 1,066,847 14,138,766 General revenues: Tax increment Investment income Other 15,205.613 Total general revenues Change in net assets Net assets (deficit) at beginning of year, as restated (note 13) Net assets at end of year See accompanying notes to the basic financial statements. 4 8 Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business -type Activities Activities Total (280,252) (280,252) (8,057,051) (8,057,051) (2,011,578) (2,011,578) (10,348,881) (10,348,881) 156,925 156,925 (191,470) (191,470) (34,545) (34,545) (10,348,881) (34,545) (10,383,426) 14,708,035 624,903 3,448,041 27,616 14,708,035 652,519 3,448,041 18,780,979 27,616 18,808,595 8,432,098 (6,929) 8,425,169 (6,746,427) 7,588,525 1,685,671 842,098 7,581,596 9,267,267 5 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Balance Sheet - Governmental Funds June 30, 2008 Special Revenue Funds Community Section 8 Home Development Housing Loan FIOME Block Grant Assistance Program Program Assets Cash and investments (note 5) $ 416,005 1,259,329 3,064,944 2,104,827 Cash with fiscal agent (note 5) - Receivables: Accounts 4,416 Interest Taxes Loans 322,958 First time homebuyers loans Due from other funds (note 4) Due from the City of National City Due from other governments 178,101 40,528 Deposits - 3,386 Land held for resale - 705,107 Total assets $ 594,106 1,307,659 3,387,902 Liabilities and Fund Balances Liabilities: Accounts payable $ 16,906 123,109 Accrued payroll Due to other funds (note 4) 883 Due to City of National City - Due to other governments 28,224 Deferred revenue 111,989 Total liabilities Fund balances: Reserved for: Loans receivable 128,895 152,216 322,958 1,705,802 4,515,736 First time homebuyer loans receivable - 705,107 Land held for resale 1,705,802 Debt service Unreserved: Undesignated 465,211 1,155,443 3,064,944 2,104,827 Total fund balances 465,211 1,155,443 3,387,902 4,515,736 Total liabilities and fund balances $ 594,106 1,307,659 See accompanying notes to the basic financial statements. 6 3,387,902 4,515,736 10 Special Revenue Funds Low and Debt Service Fund Nutrition Moderate Income Redevelopment Program Housing Program Fund 4,901,812 673,060 2,727,285 75,958 303,834 3,422,000 439,809 18,090 360,000 9,217,669 3,704,179 101,288 283,833 742,217 64,175 101,288 1,090,225 3,422,000 439,809 360,000 4,894,572 2,613,954 9,116,3 81 2,613,954 9,217,669 3,704,179 7 Capital Projects Fund Redevelopment Fund Totals Governmental Funds 6,062,551 18,482,528 1,506,276 4,233,561 82,717 87,133 133,291 133,291 8,177 387,969 2,730,000 6,474,958 92,152 1,237,068 883 883 1,498,870 1,498,870 264,556 501,275 3,386 8,929,334 10,995,136 21,308,807 44,036,058 1,063 526,199 172,099 172,099 883 742,217 596,719 689,118 922,500 1,034,489 1,692,381 3,165,005 2,730,000 6,474,958 92,152 1,237,068 8,929,334 10,995,136 2,613,954 7,864,940 19,549,937 19,616,426 40,871,053 21,308,807 44,036,058 1/ (This page intentionally left blank) 12 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, 2008 Fund balances of governmental funds $ 40,871,053 Amounts reported for governmental activities in the statement of net assets are 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: Tax allocation bonds payable Accrued interest payable for the current portion of interest due on bonds payable has not been reported in the governmental funds. Net assets of governmental activities See accompanying notes to the basic financial statements. 9 4,581,163 (1,786,165) (41,820,000) (160,380) 1,685,671 13 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds For the year ended June 30, 2008 Revenues: Property taxes Subventions and grants HILP payments Interest income Other income Total revenues Special Revenue Funds Community Section 8 Home Development Housing Loan HOME Block Grant Assistance Program Pro ram 1,147,104 9,427,480 524,437 16,467 41,269 331 1,147,104 9,468,749 16,798 524,437 Expenditures: Current: Personnel services 39,849 641,131 Special services 973,769 170,816 Community development 60,347 7,303,803 Capital outlay 4,923 Debt Service: Principal payments Interest and fiscal charges Total expenditures 188 362 3,166 1,073,965 8,120,673 188 3,528 Excess (deficiency) of revenues over (under) expenditures 73,139 1,348,076 16,610 520,909 Other financing sources (uses): Transfers in from City of National City Transfers in (note 3) Transfers out (note 3) Total other financing sources (uses) Net change in fund balance 73,139 1,348,076 16,610 520,909 Fund balance (deficit), beginning of year, as restated (note 13) 392,072 (192,633) 3,371,292 3,994,827 Fund balance, end of year $ 465,211 1,155,443 3,387,902 4,515,736 See accompanying notes to the basic financial statements. 10 Noof Niro Debt Capital Special Revenue Funds Service Projects Low and Fund Fund Total Nutrition Moderate Income Redevelopment Redevelopment Governmental Program Housing Program Fund Fund Funds 2,941,607 11,766,428 - 14,708,035 288,359 - 11,387,380 - 16,467 - 7,947 8,665 608,291 624,903 222,445 30,478 3,153,518 3,448,041 510,804 2,949,554 11,805,571 3,761,809 30,184,826 461,777 26,053 1,189,954 2,359,126 412,539 60,584 2,120,909 1,997,556 5,736,361 193,615 5,835,343 13,396,274 22,124 27,047 2,065,000 2,065,000 2,017,843 - 2,017,843 874,316 280,252 6,203,752 9,044,977 25,601,651 (363,512) 2,669,302 5,601,819 (5,283,168) 4,583,175 1,757,489 - 1,757,489 814,215 8,915,568 9,729,783 (814,215) (8,915,568) _ - (9,729,783) 1,757,489 (814,215) _ (8,101,353) 8,915,568 1,757,489 1,393,977 1,855,087 (2,499,534) 3,632,400 6,340,664 (1,393,977) 7,261,294 5,113,488 15,984,026 34,530,389 9,116,381 2,613,954 19,616,426 40,871,053 11 l5- COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Government -Wide Statements of Activities Year ended June 30, 2008 Changes in fund balances of governmental funds $ 6,340,664 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 Repayment of bond principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets. The statement of activities includes accrued interest on long-term debt. This is the net change in interest payable expense for the current period. 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. (81,667) 2,065,000 6,265 .441I 101,836 Change in net assets of governmental activities $ 8,432,098 See accompanying notes to the basic financial statements. 12 �6 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Statement of Net Assets - Enterprise Funds June 30, 2008 Kimball Morgan "Powers Towers Assets Total Current assets: Cash and investments (notes 2 and 5) $ 113,056 119,977 233,033 Accounts receivable 872 520 1,392 Prepaid expense 35,210 37,867 73,077 Deposits 42,298 44,032 86,330 Total current assets 191,436 202,396 393,832 Restricted cash and investments with fiscal agent (notes 2 and 5) 1,193,811 611,095 1,804,906 Noncurrent assets: Capital assets (note 6): Nondepreciable assets 315,814 212,568 528,382 Depreciable capital assets, net of accumulated depreciation 4,910,200 2,999,678 7,909,878 Total capital assets 5,226,014 3,212,246 8,438,260 _ Total assets 6,611,261 4,025,737 10,636,998 Liabilities Current liabilities: Accounts payable and accrued liabilities 76,063 39,546 115,609 Notes payable -due within one year (note 7) 179,857 179,857 Total current liabilities 76,063 219,403 295,466 Noncurrent liabilities: Tenant security deposit liability 42,298 44,032 86,330 Note Payable -due in more than one year (note 7) 2,673,606 2,673,606 Total noncurrent liabilities 42,298 2,717,638 2,759,936 Total liabilities 118,361 2,937,041 3,055,402 Net Assets Invested in capital assets, net of related debt 5,226,014 358,783 5,584,797 Restricted for: Housing 1,266,886 729,913 1,996,799 Total net assets $ 6,492,900 1,088,696 7,581,596 See accompanying notes to the basic financial statements. 13 17 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Statement of Revenues, Expenses and Changes in Net Assets - Enterprise Funds Year ended June 30, 2008 Kimball Morgan Towers Towers Total Operating revenues: Rental income $ 503,093 512,531 1,015,624 Section 8 housing assistance payments 393,266 600,631 993,897 Other 26,792 7,964 34,756 Total operating revenues 923,151 1,121,126 2,044,277 Operating expenses: Maintenance and operation 780,618 670,428 1,451,046 Depreciation 187,350 248,956 436,306 Total operating expenses 967,968 919,384 1,887,352 Operating income (loss) (44,817) 201,742 156,925 Nonoperating revenues (expenses): Interest income 7,344 20,272 27,616 Interest expense - (191,470) (191,470) Total nonoperating revenues (expense) 7,344 (171,198) (163,854) Change in net assets (37,473) 30,544 (6,929) Net assets at beginning of year 6,530,373 1,058,152 7,588,525 Net assets at end of year $ 6,492,900 1,088,696 7,581,596 See accompanying notes to the basic financial statements. 14 Nero 12 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Statement of Cash Flows - Enterprise Funds Year ended June 30, 2008 Cash flows from operating activities: Cash received from customers and government agencies Cash payments to employees for services Cash payments to suppliers for goods and services Net cash provided by (used for) operating activities Cash flows from investing activities: Purchase of property plant and equipment Net cash provided by (used for) investing activities Cash flows from financing activities: Principal payments on note payable Interest income Interest expense Net cash provided by (used for) financing activities Increase (decrease) in cash and investments Cash and investments (including cash and investments with fiscal agent): Beginning of year End of year Reconciliation of operating income (loss) to net cash provided by (used for) operating activities: Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation (Increase) decrease in accounts receivable (Increase) decrease in prepaid expenses (Increase) decrease in deposits Increase (decrease) in accounts payable and accrued liabilities Increase (decrease) in tenant security deposit liability Total adjustments Net cash provided by (u.sed for) operating activities Noncash investing, capital and financing activities There were no significant noncash investing, capital or financing activities for the year ended June 30, 2008. Kimball Morgan Towers Towers Total $ 922,659 1,1 15,446 2,038,105 (160,906) (160,906) (762,738) (555,105) (1,317,843) 159,921 399,435 559,356 (59,605) (4,224) (63,829) (59,605) (4,224) (63,829) (168,586) (168,586) 7,344 20,272 27,616 (191,470) (191,470) 7,344 (339,784) (332,440) 107,660 55,427 163,087 1,199,207 675,645 1,874,852 1,306,867 731,072 2,037,939 (44,817) 201,742 156,925 187,350 248,956 436,306 (492) (520) (1,012) (2,460) (2,114) (4,574) 2,794 (2,549) 245 20,340 (48,629) (28,289) (2,794) 2,549 (245) 204,738 197,693 402,431 $ 159,921 399,435 559,356 See accompanying notes to basic financial statements. 15 161 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL, CITY Notes to Basic Financial Statements Year ended June 30, 2008 (1) Summary of Significant Accounting Policies The basic financial statements of the Community Development Commission of the City of National City (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. The Governmental Accounting Standards Board (GASB) is the accepted standard -setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the significant accounting policies of the Commission. (a) Descrjption of the Reportine Entity The Community Development Commission of the City of National City (the "Commission") was established in April 1967 pursuant to provisions of the Califomia 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 of the City, although it is a separate legal entity. The 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 property improvement loans and housing assistance payments to low and moderate income earners. The Commission accounts for its financial position and operations 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 are composed of the following: • Govenmicnt-wide financial statements • Fund financial statements • Notes to the basic financial statements Government — Wide Financial Statements The Commission's goverrunent-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 .0101 2D COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (b) Basis of Accounting and Measurement Focus, (Continued) Government -- Wide 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 Iiabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, arc included in the accompanying Statement of Net Assets. The Statement of Activities presents changes in net assets. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned, while expenses are recognized in the period in which the liability is incurred. Certain types of transactions are reported as program revenues for the Commission in three categories: Charges for services Operating grants and contributions Capital grants and contributions Interfund transfers have been eliminated as prescribed by GASB 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 be a separate accounting entity. The operations of each fund are accounted for with a separate set of self -balancing 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 are 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. 17 zl COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant 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 when 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 thereafter to be available to finance the expenditures accrued for the reporting period. The Commission uses a sixty day availability period. The primary revenue sources, which have been treated as susceptible to accrual by the Commission, are property tax, special assessments, intergovernmental revenues and other taxes. Expenditures are 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. Deferred 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. En 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. Governmental 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 a summary of sources and uses of available spendable resources during a period. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term 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 Government -Wide Financial Statements is provided to explain the differences created by the integrated approach of the GASB Statement No. 34. 18 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (b) Basis of Accounting and Measurement Focus, (Continued) Proprietary Funds The Commission'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 fund 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 are included on their balance sheets. Proprietary fiend type operating statements present increases (revenues) and decreases (expenses) in total net assets. Operating revenues and expenses generally result from 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 statements, rather than reported as an expenditure. Proceeds of long-term 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 following major governmental funds: Community Development Block Grant — To 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, principally for low and moderate income persons. 19 2) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (b) Basis of Accounting and Measurement Focus, (Continued) Major Funds, (Continued) Section 8 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. HOME Program — To account for activities related to the annual grant from the Department of Housing 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 funds 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 33334.2 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 Capital 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 2� COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (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, 2008, 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 less, to be cash equivalents. Cash and cash equivalents are combined with investments and displayed as cash and investments. In accordance with GASB 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 (LAIF) which has invested a portion of the pool funds in Structured Notes and Asset -backed Securities. LAIF'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 are 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) Use of Restricted/Net 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 L� COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (l) Summary of Significant Accounting Policies, (Continued) (i) (g) Interfund 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 to/from 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 long-term debt 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. (h) Long -Term Liabilities Government -Wide Financial Statements — Long-term debt and other long-term obligations are reported as liabilities in the primary government's governmental activity. Fund Financial Statements — The fund 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 government -wide financial statements, net assets are classified in the following categories: Invested in Capital Assets, net of 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 meet the definition of "invested in capital assets, net of related debt" or "restricted net assets." 22 21, COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (j) Fund Balances — Reservations and Designations In the fund financial statements, governmental funds report reservations of fund balances for 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. (k) Property Tax Increments One of the Commission's primary sources of revenue is from property tax increments. The assessed valuation of all property within the Downtown Redevelopment Project area 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. (1) 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 from these estimates and assumptions. (2) 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 $453,068 represents a monthly deposit of $3,127, 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 $142,250 is an accumulation of surplus cash as calculated by HUD'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 $12,028 and $3,749, respectively, totaling $15,777, which represents amounts held for the future payment of property and mortgage insurance. 23 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (2) Enterprise Fund Restricted Cash, (Continued) Additionally, the Kimball Towers Enterprise Fund maintains the following HUD restricted cash accounts: Residual receipts reserve of $295,860 is an accumulation of surplus cash as calculated by HUD's Computation of Surplus Cash, Distributions and Residual Receipts, which can be expended only with HUD's approval. Other restricted cash and investments totaling $897,951 are included in the accompanying basic financial statements. (3) Transfers In/Transfers Out The following 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 $ 814,215 (a) Redevelopment Debt Service Fund 8,915,568 (b) 1,729,783 (a) The Low and Moderate Income Housing Fund transferred $814,215 to the Redevelopment Debt Service Fund to fund a portion of the 1999, 2004, and 2005 Tax Allocation Bonds debt service payments that related to low and moderate development. (b) The Redevelopment Debt Service Fund transferred funds to the Redevelopment Capital Projects Fund to provide for future capital project expenditures. 24 Zg COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (4) Due From and To Other Funds Interfund receivable and payable balances at June 30, 2008 are as follows: Due from Other Funds Redevelopment Capital Projects Fund Due to Other Funds Amount Section 8 Housing Assistance Fund $ 883 "Total $ 883 Interfund receivables and payables were created in order to eliminate deficit cash balances. (5) Cash and Investments Cash and investments as of June 30, 2008 are classified in the accompanying financial statements as follows: Statement of Net Assets: Cash and investments $ 18,715,561 Cash and investments with fiscal agent 6,038,467 Total cash and investments $ 24,754,028 Cash and investments as of June 30, 2008 consist of the following: Cash on hand $ 625 Deposits with financial institutions 1,966,190 Investments 22,787,213 Total cash and investments $___24,754 25 2g COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (5) Cash and Investments, (Continued) Investments Authorized by the California Government Code and the Commission's Investment 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 Code (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 Commission, rather than the general provisions of the California Government Code or the Commission's investment policy. Investment Types Authorized by State Law Local Agency Bonds U.S. Treasury Obligations U.S. Agency Securities Banker's Acceptances Commercial Paper Negotiable Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium -'term Notes Mutual Funds Money Market Mutual Funds Mortgage Pass -Through Securities County Pooled Investment Funds Local Agency Investment Fund (LAIF) IPA Pools (other investment pools) Authorized By Investment Policy *Maximum Maturity Yes 5 years Yes 5 years Yes 5 years Yes 180 days Yes 270 days Yes 5 years Yes 1 year No 92 days Yes 5 years Yes N/A Yes N/A Yes 5 years Yes N/A Yes N/A Yes N/A *Maximum Percentage Of Portfolio None None None 40% 25% 30% None 20% of base value 30% 15% 20% 20% None None None *Maximum Investment in One Issuer None None None 30% 10% None None None None 10% 10% None None 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 (Continued) (5) Cash and Investments, (Continued) Investments Authorized by Debt Agreements Investment of debt proceeds held by fiscal agent are 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 are 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 term 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 flow and liquidity needed for operations. 27 31 (5) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) 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 Certificates of Deposit Local Agency Investment Fund (LAIF) Held by Fiscal Agent: Commercial Paper Money Market Funds Total Total Remaining Maturity (in Months) 12 Months or Less 13 to 24 25 to 60 Months Months $ 1,352.376 871.060 776,298 94,762 16,414,690 16,414,690 2,344,000 2,344,000 1,805.087 1,805.087 1,352,376 22;787 213 21.34Q.075 94T762 13.376 Disclosures Relating to Credit Risk 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 (LAIF) Held by Fiscal Agent: Commercial Paper Money Market Funds Total Minimum Legal Total Rating $ 1,352,376 AAA 871,060 N/A 16,414,690 N/A 2,344,000 A 1,805,087 A Ratings as of Year End Not AAA Rated 1,352,376 1,805,087 871,060 16,414,690 2,344,000 $22787,213 3=1 57 4.3_ 19 629,75_0_ 28 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 California Government Code. Investments in any one issuer (other than U.S. Treasury securities, mutual funds, and external investment pools) that represent 5% or more of total Commission investments are as follows: Investment Reported Issuer Type Amount General Electric Commercial Paper 2,344,000 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 counterparty (e.g., broker -dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are 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 must equal at least 1 1.0% of the total amount deposited by the public agencies. California 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, 2008, Commission investments in the following investment types were held by the same broker -dealer (counterparty) that was used by the Commission to buy the securities: Investment Type U.S. Agency Securities Negotiable Certificates of Deposit Reported Amount $ 1,352,376 871,060 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 DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (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 in the accompanying financial statements at amounts based upon the Commission's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. (6) Capital Assets The following is a summary of capital assets for the year ended June 30, 2008: Government Activities: Capital assets: Buildings and improvements Machinery 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, 2007 $ 2,450,000 81,163 2,531,163 (1,623,335) (81,163) (1,704,498) Balance at Additions Deletions June 30, 2008 (81,667) 2,450,000 81,163 2,531,163 (1,705,002) (81,163) (81,667) (l 786 165) 826,665 (81,667) 744,998 2 050,000 2,050,000 $ 2,876,665 (_t1.6Z) 2 4,99_8 Depreciation expense in governmental activities for capital assets for the year ended June 30, 2008 was $81,667 which was allocated to community development. 30 3 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (6) Capital Assets, (Continued) Business- rypeActivities: Depreciable assets: Buildings and improvements Furniture and equipment Total cost of depreciable assets Less accumulated depreciation: Buildings and improvements Furniture and equipment Total accumulated depreciation Depreciable capital assets, net Capital assets not depreciated: Land Capital assets, net Balance at July 1, 2007 Balance at Additions Deletions June 30, 2008 $ 15,631,884 4,223 402,549 59,604 16,034,433 63,827 (7,699,622) (411,542) (52,454) (24,764) _ ,752,076) (436,306) - 8,282,357 (372,479) 528,382 $ ,739 1.3_72,47.9_) 15,636,107 462,153 16,098,260 (8,1 11,164) (77,218) (8,188,382) 7,909,878 528.382 La8,260 Depreciation expense in business -type activities for capital assets for the year ended June 30, 2008 was $436,306 which was allocated to low and moderate housing. 31 35 (7) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) Long -Term Liabilities The following is a summary of changes in long-term liabilities for the year ended June 30, 2008: Amounts Amount Balance Balance Due Within Due Beyond July 1, 2007 Additions Deletions June 30, 2008 One Year One Year Governmental Activities: Bonds payable: 1999 Tax Allocation Bonds $4,435,000 (110,000) 4,325,000 115,000 4,210,000 2004 Series Tax Allocation Bonds 5,395,000 (250,000) 5,145,00(1 260,000 4,885,000 2005 Series A Tax Allocation Bonds 24,215,000 (1,705,000) 22,510,000 1,765,000 20,745,000 2005 Series B Tax Allocation Bonds 9 840 000 9,840,000 9,840,000 Total bonds payable 43,885,000 - (2,065,000) 41,820,000 2,140,000 39,680,000 Compensated absences 101,836 - (101.836) Total governmental activities 43,986,836 - (2,166,836) 41,820,000 2,140,000 39,680,000 1161109 Business -Type Activities: Notes Payable 3 022,049 - (168,586) 2,853,463 179.857 2_673 606 "Total business -type activities 3,022,049 (168,586) 2,853,463 179.857 2,673,606 Total 542.00_M5 _ 2 22,) 44,673,463. 31.9 $ 7 12,353,60. 1999 Tax Allocation Bonds 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 from 2000 to 2010 in amounts ranging from $45,000 to $125,000, and $1,425,000 in term bonds which mature in 2019, and $2,540,000 in term bonds which mature in 2029. Interest is payable semi-annually on February 1 and August 1, at interest rates ranging from 3.30% to 4.50% 32 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Term Liabilities, (Continued) The annual debt service requirements for the 1999 Tax Allocation Bonds outstanding at June 30, 2008 are as follows: Fiscal Year Principal Interest Total 2009 $115,000 214,802 329,802 2010 120,000 209,690 329,690 2011 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 165,000 161,549 326,549 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 $4,325,000 2848 31.3. 7,173,372 33 37 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Term Liabilities, (Continued) 2004 Tax Allocation Bonds In June 2004, the Commission issued $5,860,000 in Tax 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 $330,000, 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 2004 Tax Allocation Bonds outstanding at June 30, 2008 are as follows: Fiscal Year Principal Interest Total 2009 $260,000 231,348 491,348 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 2,167,307 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 54,250 2023 54,250 54,250 2024 - 54,250 54,250 2025 - 54,250 54,250 2026 - 54,250 54,250 2027 345,000 45,625 390,625 2028 360,000 28,000 388,000 2029 380,000 9,500 389,500 Total S5,145,000 2 060,227 7,205,227 34 3i COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Term Liabilities, (Continued) 2005 Series A Tax 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 on August I and February 1, commencing August 1, 2005, at rates ranging from 2.9% to 4.85% per annum. The annual debt service requirements for the 2005 Series A Tax Allocation Bonds outstanding at June 30, 2008 are as follows: Fiscal Year Principal Interest Total 2009 $1,765,000 1,027,605 2,792,605 2010 1,840,000 957,005 2,797,005 2011 2,125,000 879,725 3,004,725 2012 3,060,000 788,350 3,848,350 2013 3,200,000 650,650. 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 M,510,000 5,331,015 27,841,01 2005 Series B Tax Allocation Bonds In January 2005, the Commission issued $9,840,000 in Tax 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 5.25% per annum. 35 3d COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Term Liabilities, (Continued) The annual debt service requirements for the 2005 Series B Tax Allocation Bonds outstanding at June 30, 2008 are as follows: Fiscal Year Principal Interest Total 2009 $ $444,693 444,693 2010 - 444,693 444,693 2011 - 444,693 444,693 2012 - 444,693 444,693 2013 - 444,693 444,693 2014 444,693 444,693 2015 - 444,693 444,693 2016 - 444,693 444,693 2017 760,000 444,693 1,204,693 2018 790,000 415,813 1,205,813 2019 825,000 385,003 1,210,003 2020 855,000 352,003 1,207,003 2021 890,000 317,803 1,207,803 2022 570,000 277,753 847,753 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 2030 200,000 45,413 245,413 2031 210,000 34,913 244,913 2032 220,000 23,888 243,888 2033 235,000 12,338 247,338 Total $9 840,000 6,946,337 16,786,337 36 go COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Term Liabilities, (Continued) Note Payable The mortgage payable is secured by a deed of trust, bears interest at 6.5% and is payable to GMAC in the amount of $3,718,928. The note is being repaid in monthly installments of $30,005, 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, 2008 are as follows: Fiscal Year Principal Interest Total 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 $2,853,463 1 1167,207 4 2_0,670 37 LJr COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (7) Long -Tenn Liabilities, (Continued) Defeasance of Debt As of June 30, 2008, the outstanding balance of defeased issues are as follows: 2001 Series A Tax Allocation Bonds $26,355,000 2001 Series B Tax Allocation Bonds 9,150,000 1998 Tax Allocation Bonds 15,205,000 (8) Commitments and Contingencies 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. (9) National City 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. The 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 �-2 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (101 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 and/or 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. (I 1) Employee Retirement System Plan Description 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. PERS issues a publicly available financial report that includes financial statements and required supplementary information for the cost sharing plans that are administered by PERS. Copies of PERS' annual financial report may be obtained by writing to: 400 P Street, Sacramento, California 95814. Contributions Participants are required to contribute 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 Commission contract with employee bargaining groups. 39 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (11) Employee Retirement System, (Continued) For each of the fiscal years shown below, the Commission has contributed at the actuarially determined rate provided by PERS' actuaries. Under GASB 27, an employer reports an annual pension cost (APC) equal to the annual required contribution (ARC) plus an adjustment for the cumulative difference between the APC and the employer's actual plan contributions for the year. The cumulative difference is called the net pension obligation (NPO). The ARC for the period July 1, 2007 to June 30, 2008 has been determined by an actuarial valuation of the plan as of June 30, 2005. The Commission's covered payroll for PERS was $1,394,311 for the year ended June 30, 2008, while the Commission's total payroll for all employees was $1,414,275 during the same period. In order to calculate the dollar value of the ARC for inclusion in financial statements prepared as of June 30, 2008, the contribution rate is multiplied by the payroll of covered employees that were paid during the period from July 1, 2007 to June 30, 2008. Three -Year Trend Information Fiscal Year 6/30/06 6/30/07 6/30/08 Annual Pension Cost Employer Contribution Employer Rate Contribution 17.569% 18.297% 16.737% $337,857 303,606 345,583 Percentage Contributed 100% 100% 100% Net Pension Obligation (12) Expenditures in Excess of Appropriations Expenditures for the year ended June 30, 2008 exceeded the appropriations of the following funds: Special Revenue Funds: Home Loan Program $ Nutrition Program Budget Actual Variance 40 188 874,316 (188) (874,316) Litt COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to Basic Financial Statements (Continued) (13) Prior Period Restatement The accompanying financial statements include an adjustment that resulted in the restatement of beginning fund balance of the Redevelopment Debt Service Fund to account for certain pass -through obligations that relate to prior years. The following summarizes the effect of the prior period adjustment to beginning fund balance and related government -wide net assets as of July 1, 2007: Net assets/ fund balance — beginning of year, as previously reported To record pass -through obligations that relate to prior years Net assets/ fund balance — beginning of year, as restated 41 Redevelopment Debt Service Fund $5,626,852 (513,364) Government - Wide Statement of Net Assets (6,233,063) (513,364) $5,113,488 (6,746 4271 42 .101 1-4, REQUIRED SUPPLEMENTARY INFORMATION 43 (This page intentionally Left blank) 44 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Notes to the Required Supplementary Information Year ended June 30, 2008 (1) Budgetary Information The Commission adopts an annual budget prepared on the modified accrual basis of accounting for all governmental 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 after 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 for the year ended June 30, 2008 exceeded the appropriations of the following special revenue funds: Special Revenue Funds: Home Loan Program Nutrition Program Budget 45 Actual Variance 188 (188) 874,316 (874,316) Liq COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Community Development Block Grant - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Revenues: Subventions and grants Total revenues Budgeted Amounts Original Final S 1,135,220 1,135,220 1,135,220 1,135,220 Actual Variance with Final Budget Positive (Negative) 1,147,104 11,884 1,147,104 11,884 Expenditures: Current: Personnel services - 39,849 (39,849) Special services 1,042,408 1,042,408 973,769 68,639 Community development 1,350,073 1,350,073 60,347 1,289,726 Total expenditures 2,392,481 2,392,481 1,073,965 1,318,516 440101 Net change in fund balance (1,257,261) (1,257,261) 73,139 1,330,400 Fund balance, beginning of year 392,072 392,072 392,072 - Fund balance (deficit), end of year S (865,189) (865,189) 465,211 1,330,400 46 V ) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Section 8 Housing Assistance - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Subventions and grants $ 8,160,000 8,160,000 9,427,480 1,267,480 Other income 945,116 41,269 41,269 Total revenues 9,105,116 8,160,000 9,468,749 1,308,749 Expenditures: Current: Personnel services 742,260 742,260 641,131 101,129 Special services 184,220 184,220 170,816 13,404 Community development 7,219,474 7,219,474 7,303,803 (84,329) Capital outlay 2,500 2,500 4,923 (2,423) "Total expenditures 8,148,454 8,148,454 8,120,673 27,781 Net change in fund balance 956,662 11,546 1,348,076 1,336,530 Fund balance (deficit), beginning of year (192,633) (192,6J (192,633) Fund balance (deficit), end of year $ 764,029 (181,087) 1,155,443 1,336,530 47 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Horne Loan Program - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Budgeted Amounts Original Final Actual Variance with Final Budget Positive (Negative) Revenues: HILP payments $ 17,000 16,467 16,467 Other income 331 331 Total revenues 17,000 16,798 16,798 Expenditures: Current: Special Services - 188 (188) Total expenditures 188 (188) Net change in fund balance 17,000 - 16,610 16,610 'r% Fund balance, beginning of year 3,371,292 3,371,292 3,371,292 Fund balance, end of year S 3,388,292 3,371,292 3,387,902 16,610 48 'J� COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY HOME Program - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negative) Revenues: Subventions and grants $ 593,067 593,067 524,437 (68,630) HILP payments 6,000 6,000 (6,000) Total revenues 599,067 599,067 524,437 (74,630) Expenditures: Current: Personnel services 59,307 59,307 362 58,945 Special services 533,760 533,760 533,760 Community development 3,166 (3,166) Total expenditures 593,067 593,067 3,528 589,539 Net change in fund balance 6,000 6,000 520,909 514,909 Fund balance, beginning of year 3,994,827 3,994,827 3,994,827 Fund balance, end of year $ 4,000,827 4,000,827 4,515,736 514,909 49 63 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 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 30, 2008 Budgeted Amounts Original Final Actual Variance with Final Budget Positive (Negative) Revenues: Subventions and grants $ 288,359 288,359 Other income 222,445 222,445 Total revenues Expenditures: Current: Personnel services Special services 510,804 510,804 461,777 (461,777) 412,539 (412,539) Total expenditures 874,316 Excess (deficiency) of revenues over expenditures Other financing sources: Transfers in from City of National City Total other financing sources (874,316) (363,512) (363.512) 1,757,489 1,757,489 1,757,489 1,757.489 Net change in fund balance - - 1,393,977 1,393,977 Fund balance (deficit), beginning of year (1,393,977) (1,393,977) (1,393,977) Fund balance (deficit), end of year $ (1,393,977) (1,393,977) 1,393,977 50 9+ COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Low and Moderate Income }lousing Program - Special Revenue Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Revenues: Property tax allocated Interest income Total revenues Budgeted Amounts Original Final Actual $ 2,848,366 2,848,366 2,941,607 10,775 10,775 7,947 Variance with Final Budget Positive (Negative) 93,241 (2,828) 2,859,141 2,859,141 2,949,554 90,413 Expenditures: Current: Personnel services 26,053 (26,053) Special services 852,500 852,500 60,584 791,916 Community development 193,615 (193,615) Total expenditures 852,500 852,500 280,252 572,248 Excess (deficiency) of revenues over expenditures 2,006,641 2,006,641 2,669,302 662,661 Other financing sources (uses): Transfers out (832,964) (832,964) (814,215) 18,749 Total other financing sources (uses) (832,964) (832,964) (814,215) 18,749 Net change in fund balance 1,173,677 1,173,677 I,855,087 681,410 Fund balance, beginning of year 7,261,294 7,261,294 7,261,294 - Fund balance, end of year $ 8,434,971 8,434,971 9,116,381 681,410 51 55 (This page intentionally left blank) SUPPLEMENTARY INFORMATION 53 57 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Redevelopment Fund - Debt Service Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Revenues: Property tax allocated Interest income Other income Total revenues Expenditures: Current: Special services Debt service: Principal payments Interest and fiscal charges Total expenditures Budgeted Amounts Original Final $ 4,817,454 4,817,454 4,817,454 4,817,454 Actual Variance with Final Budget Positive (Negative) 11,766,428 6,948,974 8,665 8,665 30,478 30,478 11,805,571 6,988,117 2,054,818 2,054,818 2,120,909 (66,091) 2,065,000 2,065,000 2,065,000 - 1,962,351 1,962,351 2,017,843 (55,492) 6,082,169 6,082,169 Excess (deficiency) of revenues over expenditures (1,264,715) 6,203,752 (121,583) (1,264,715) 5,601,819 6,866,534 Other financing sources (uses): Transfers in 832,964 832,964 814,215 (18,749) Transfers out (8,915,568) (8,915,568) Total other financing sources (uses) 832,964 832,964 (8,101,353) (8,934,317) Net change in fund balance (431,751) (431,751) (2,499,534) (2,067,783) Fund balance, beginning of year, as restated 5,113,488 5,113,488 5,113,488 Fund balance, end of year $ 4,681,737 54 4,681,737 2,613,954 (2,067,78_3) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Redevelopment Fund - Capital Projects Fund Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the year ended June 30, 2008 Variance with Final Budget Budgeted Amounts Positive Original Final Actual (Negativ_ Revenues: Subventions and grants $ 200,000 200,000 (200,000) Interest income 323,000 323,000 608,291 285,291 Other income 6,576,008 6,576,008 3,153,518 (3,422,490) Total revenues 7,099,008 7,099,008 3,761,809 (3,337,199) Expenditures: Current: Personnel services 1,511,300 1,511,300 1,189,954 321,346 Special services 4,163,350 4,163,350 1,997,556 2,165,794 Community development 5,249,000 5,249,000 5,835,343 (586,343) Capital outlay 6,570 6,570 22,124 (15,554) Total expenditures 10,930,220 10,930,220 9,044,977 1,885,243 Excess (deficiency) of revenues over (under) expenditures (3,831,212) (3,831,211) (5,283,168) (1,451,956) Other financing sources: Transfers in 8,915,568 8,915,568 Total other financing sources - 8,915,568 8,915,568 Net change in fund balance (3,831,212) (3,831,212) 3,632,400 7,463,612 Fund balance, beginning of year 15,984,026 15,984,026 15,984,026 Fund balance (deficit), end of year $ 12,152,814 12,152,814 19,616,426 7,463,612 55 5� (This page intentionally left blank) 400 Mayer Hoffman McCann PC. An Independent CPA Firm Conrad Government Services Divisic:; 2301 Dupont Drive, Suite 200 Irvine, California 92612 949-474-2020 ph 949-263-5520 fx www.mhm-pc.com 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 AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS MHM 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, 2008, and have issued our report thereon dated January 29, 2009. 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. Internal Control Over Financial 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 might be significant deficiencies or material weaknesses. However, 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 reliably 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 be prevented or detected by the Commission's internal control. We consider items 08-01, 08-02 and 08-03 that have been described in the accompanying schedule of findings and recommendations to he significant deficiencies in internal control. 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 will not be prevented or detected by the Commission's internal control. 57 (o/ Board of Directors Community Development Commission of the City of National City National City, California 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 significant deficiencies that are also considered to be material weakness. However, of the significant deficiencies described above, we consider item 08-01 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 Suggested Auditing Procedures for Accomplishing Compliance Audits 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 was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 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. 79ltu,4"*" yO, rn /21 c tarrc.s. Irvine, California January 29, 2009 f'-C 58 Niro COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Schedule of Findings and Recommendations Year ended June 30, 2008 (08-01) Inadequate Internal 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. (08-02) Inadequate Records on Housing Project Capital Assets The Commission's Morgan and Kimball Towers' 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. 59 �3 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Schedule of Findings and Recommendations (Continued) (08-03) 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 firm 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, 2008, material adjustments detected by the audit process were as follows: • Entry to adjust the balance of loans receivable and to correct the fund from being out of balance. • Adjustment to agree opening fund balances to prior year audited financial statements. • Entry to restore cash and to record a liability that related to an expense that was paid after year-cnd that related to the current fiscal period. Recommendation We recommend that management record material adjustments on an annual basis prior to the start of the audit. In addition, in order to enhance management's review of the financial statements, we recommend that additional training be provided to raise the comfort level and effectiveness of staff with respect to their review of the year end financial statements. 60 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE February 3, 2009 AGENDA ITEM NO. 20 ITEM TITLE A resolution approving an Amendment to the Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. PREPARED BY Patricia Beard (ext 4255) 0?"- Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION The California Redevelopment Law requires local redevelopment agencies, such as the CDC, to adopt Rules Governing Participation in redevelopment projects. These rules, most recently adopted by the CDC on May 16, 1995, must be followed prior to the CDC considering participating in a development project via the approval of an Owner Participation Agreement ("OPA") or Disposition and Development Agreement ("DDA"). The Owner Participation ("OP") Process informs property owners about a redevelopment project being considered and allow property owners the opportunity to participate in revitalization projects that will benefit properties they own. The 1995 Rules currently in place are obscure about timing of the OP process. The proposed Amendment would clarify the timing for the OP Process and also establish submittal requirements for development proposals. It has been revised from a previously submitted Amendment considered on July 15, 2008. Please see attached Background Report. Environmental Review Not applicable Financial Statement Not applicable Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL i ATTACHMENTS 1. Background Report 2. Rules Governing Participation 3. Statement of Interest 4. Proposed Conceptual Submittal Requirements Resolution No. J RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT WHEREAS, on May 16, 1995, the Community Development Commission of the City of National City ("CDC") adopted Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project ("Rules") as required by California Redevelopment Law; and WHEREAS, as approved, the Rules have caused confusion by not specifying the amount of time owners and occupants are provided by the CDC to submit Participation Proposals following submittal of a Statement of Interest; and WHEREAS, the CDC desires to clarify the Rules by setting 60 days as the period of time during which such Participation Proposals are to be submitted; and WHEREAS, the CDC desires to impose Conceptual Submittal Requirements on Participation Proposals made in response to the Owner Participation process; NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an Amendment to the Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project; and BE IT FURTHER RESOLVED that said Amendment shall insert the following language into Section VI; 600 Participation Procedures: "Those submitting a Statement of Interest in Participation must, within 60 days of the submittal of the Statement of Interest, complete and submit a Conceptual Participation Proposal fulfilling the Conceptual Submittal Requirements for Owner Participation Process." With the foregoing exception, each and every provision of the Rules approved on May 16, 1995, shall remain in full force and effect. PASSED and ADOPTED this 3rd day of February, 2009. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III, City Attorney ATTACHMENT 1 BACKGROUND REPORT Owner Participation is conducted whenever the CDC considers a redevelopment project on private property that is not entirely owned by either a proposing developer or the CDC. It is intended to find out whether other property owners within the proposed project footprint would like to participate in the proposed project or might bring forward a redevelopment proposal more preferable than the original. As currently approved the OP Rules: • Allow property owners 45 days in which to submit a Statement of Interest in participating; • Specifies no time frame in which a Statement of Interest must be followed up by an actual participation proposal; and • Requires a submittal including a detailed project description, professional site plans and elevations and a complete financing plan. On July 15, 2008 staff presented a proposed Amendment which would have set in place a time frame of 45 days in which an interested property owner would be required to follow the Statement of Interest with a detailed proposal. After public comment and Board member discussion, the CDC directed staff to further review the OP process, considering a longer period in which property owners could respond as well as the level of detail necessary for submittals. A key community benefit consideration for the OP process is allowing redevelopment to proceed on a timely basis to improve the environmental, aesthetic and economic condition of the community. The balancing point is to implement an OP process that is well-defined and reasonable in cost for participants, but that also encourages serious participation from property owners whose properties have been designated for redevelopment because they are under-utlized, environmentally damaged and/or unsightly. In short, the process should respect property owners interests but encourage community progress. In response to CDC direction and in consideration of the balance necessary to encourage progress, staff is requesting the Board consider a proposed revised Amendment to the OP rules that would: • Allow 45 days to return the Statement of Interest (attached); • Allow 60 days to follow the Statement of Interest with a participation and/or development proposal; and • Require a conceptual proposal, as defined in the attached Conceptual Submittal Requirements, instead of the detailed professional proposal required in the existing OP process. ATTACHMENT 2 RULESGOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT SECTION I. (100) PURPOSE AND INTENT These riles are adopted to implement the provisions of the Redevelopment Plan for the National City Redevelopment Project (the "Project") regarding participation and the exercise of preferences by property owners and business occupants within the National City Redevelopment Project Area (the "Project Area"). These rules set forth the procedures governing such preferences and participation. The Health and Safety Code of the State of California Section 33000 et seq_ requires the adoption of these rules by the Community Development Commission of the City of National City to permit participation ty owners of real property and the extension of preferences to persons engaged in business within the boundaries of the Project Area to reenter the redeveloped area to the maximum extent feasible consistent with the objectives of the Redevelopment Plan for the Proj ect. SECTION II. (200) GENERAL DEFINITIONS As used herein, the following definitions apply: A. "CDC" means the Community Development Commission of the City of National City. B. `Business Ocemant" means any person, persons, corporation, association, partnership, or other entity engaged in a lawful business within the Project Area for so long as such Business Occupant remains i.n business within the Project Area. C. "City" means the City of National City. 01/11/2005 TIIE 17:39 [JOB NO. 9.108 l Cf1002 U I, 11/ LV\1a 11 : a0 rn.n O1JLJaulUU von ieLiscn WJUU3 "Disposition and Development Agreement" means a contractual agreement between a developer and the CDC that sets forth terms and conditions for development. E. "Long -Term Lease" means a lease of real property with a tern of twenty (20) years or more, with at least ten (10) years remaining on such term. F. "Owner" means any person, persons, corporation, association, partnership, or other entity holding recorded fee title to or a long-term lease of real property in the Project Area for so long as such Owner holds such title or long-term lease. G. "Participant" means an Owner who has entered into a Participation Agreement with the CDC. H. "Participation Agreement" means an agreement entered into by an Owner with the CDC providing for such Owner to participate in the development or redevelopment of property within the Project Area in accordance with the provisions of the Redevelopment Plan and these Rules. "Plan" means the Redevelopment Plan for the National City Redevelopment Project adopted on by Ordinance No. ___ J. "Project Area" means the Project Area of the CDC which is subject to the Redevelopment Plan, as depicted on Exhibit A attached hereto. "Rules" mean: these Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project. SECTION III. (300) OPPORTUNITIES FOR OWNER PARTICIPATION AND PREFERENCES TO BUSINESS OCCUPANTS TO REENTER IN BUSINESS WITHIN REDEVELOPED AREA r.30(i[�NTF:✓L 2 01/02/2001 runt/mans Trig 17. 1n r .rnn Nn A.i n.a l r?i nn.i `i'"' A. t; Opportunities for Owner Participation Owners of real property within the Project Area shall be extended reasonable oi:.-:ortunities to participate in the redevelopment of property in the Project Area if such O veers agree to participate in the redevelopment in conformity with the Plan and these Rues. B. (3v) Preferences for Persons Engaeed in Business in the Project Area Bu.;iness Occupants engaged in business in the Project Area shall be extended reasonable preference to reenter in business within the redeveloped area if they otherwise meet the req'iirernents prescribed by the Plan and these Rules. SECTION IV. (400) METHODS OF PARTICIPATION AND LIMITATIONS THEREON (401) Methods of Participation Participation methods include remaining in substantially the same location either by ret:t ling all or portions of the property, or by retaining all or portions of the property and put::, -lasing adjacent property from the CDC or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or submitting to the CDC for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be (squired to rehabilitate or demolish all or a part of his/her existing buildings, or the CDC may acquire the buildings only and then remove or demolish the buildings_ Participation raethods also include the CDC buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. 3 01 /0Tn 001 01/11/2005 TUE 17:39 [JOB NO. 9408) P.1004 V ili rvvJ 1I . i+, 11111 J. JJC)1VV 11V11 vet.1D1:11 tf!j VU.7 B. (402) Limitations on Participation Opportunities Owner Participation opportunities shall be subject to and limited by factors such as hereafter listed and the following minimum requirements: 1. The Participant(s) can demonstrate to the reasonable satisfaction of the CDC that he is financially capable and has the qualifications and/or experience to perform any and all development, modification, rehabilitation, modernization, construction, land assembly, and/or acquisition of the subject property or properties in order that it will conform to the Plan, any specific plan or design guide, and the redevelopment proposal, if any, contemplated by the CDC with respect to the subject property. 2. The Participant's proposed improvements and/or redevelopment conform or will conform to: the goals and objectives established by the CDC; the Plan; any specific plan or design guide; any applicable zoning, building and safety laws and regulations; and/or the redevelopment proposal approved by the CI)C. 3. The CI)C retains its authority to determine in its sole and reasonable discretion whether.- the proposed Participant(s) development conforms to and furthers the goals and objectives of the Plan and any specific development proposals on the basis of all the facts and circumstances pertaining to the proposed Participant's development. mod: ybu„yun 4 oito2r2oo1 01/11/2005 TUE 17:39 (JOB NO. 94081 l?j005 The CDC shall consider whether the proposed owner participant development necessitates that the Participant and/or the CDC shall remove, relocate and/or install public utilities and public facilities determined necessary by the CDC for the proposed development. 5. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. 6. The CI)C shall consider the need to realign, abandon, vacate, widen, or open public nights -of -way and the indirect effects of such acts. 7. Consideration of any reduction in the total number of individual parcels in the Project Arca. 8. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. C. (403) Establishing Preferences Among Owners If conflicts develop between the desires of participants for particular sites or land uses, the CDC is «uthorized to exercise its reasonable discretion and establish reasonable priorities and preferences among the Participants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: development experience and qualifications, fmancial ability to perform, length of time in the arca, accommodation of as many potential participants as possible, and conformity with intent and purpose of the Plan. Participation, to the extent feasible, may be available for two or more persons, firms, or institutions, to join together in partnerships, corporations, or other joint entities. To the extent multiple owners are included within a proposed development site, an Owner with a majority interest in the total proposed n„Lcxy"own, a:i 5 O UO2/2001 01/11/2005 TUE 17:39 (JOB NO. 9408) [J006 U1/ 11/ LVU:) 1, :.):f 1'f1A 01VZJD IVU von VeL1SCif tplUu1 development site may be determined by the CDC to have a preference over an Owner with a minority interest in the proposed development site. SECTION V. (500) METHODS FOR EXTENDING REENTRY PREFERENCES, AND LIMITATIONS THEREON A. (501) Methods for Extending Reentry Preferences Whenever a Business Occupant will be displaced by CDC action from the Project Area, the CDC will, prior to such displacement, determine: 1) whether such Business Occupant desires to relocate directly to another location within the Project Area, or 2) if suitable relocation accommodations within the Project Area are not available prior to displacement, whether such Business Occupant would desire to reenter in business within the Project Arca at a later date should suitable accommodations become available. For those Business Occupants who desire to relocate directly to another location within the Project Area, the CDC will make reasonable efforts to assist such Business Occupants to find acconunodations suitable to their needs. A record of the Business Occupants who cannot be or do not want to be directly relocated within the proposed development site, but who have stated that they desire to reenter into business in the Project Area Whenever suitable locations and rents are available, will be maintained by the CDC. The CDC will make reasonable efforts to assist such Business Occupants to find reentry accommodations at locations and rents suitable to their needs. In order to implement the operation of this Section 501, the CDC will provide in all Participation Agreements, disposition and development agreements, and other agreements, a5. applicable, that in the renting or leasing of premises rehabilitated or developed pursuant to such agreements the Participant or developer will give reasonable preferences (over other potential tenants or lessees) to Business Occupants who will be or \vho have been displaced from their places of business by the CDC to lease or rent premises within the newly rehabilitated or developed facilities. nazkiry4owupv; 6 01/02/2001 01/11/2005 TILE 1 7: 19 ! .1n11 NO. 940E 1 Cd1007 Limitations on the Extension of Preferences ;:allowing are the minimum requirements that must be met by any business to establish its eligibility for the reasonable preference to reenter in business in the Project Area after displacement: 1. The business use proposed shall be consistent with the land use standards of the Plan and any specific plan and development standards and criteria adopted by the CDC or the City. 2. The improvement on the business premises made or proposed to be made shall (unless otherwise approved by the CDC) meet, or shall be brought up to meet, a structural condition equal to or better than that required for a new structure or improvement of equivalent size, location, use and occupancy as required by the building and safety laws and regulations then applicable in the City, and shall conform to the Plan. 3. The business operator shall demonstrate to the satisfaction of the CDC that he is financially capable and qualified to perform any and all modifications or rehabilitation or modernization on the property at the new location in order that it will conform to the Plan and capable of meeting the Financial requirements to occupy space in the new location. The business shall agree in writing that in the use, occupancy and conduct of business in the premises there shall be no discrimination because of race, sex, marital status, color, creed, religion, national origin, ancestry, sexual orientation, physical handicap, or medical condition_ Mllcit)AowGpal 7 ouo2r2ooi 01/11/2005 TUE 17 : 39 (.IUa NO. 9408] V) 008 U1/ 1.1./ LUUD 11 : JJ rAA 010400J1UU vorl vet i sCn IPIVUJ • C. (503) Fstablishina Preferences Among Business Occupants Seeking Similar Preferences If conflicts develop between the desires of participants for particular sits or land uses, the CDC is autliori:!ed to exercise its reasonable discretion and establish reasonable priorities and preferences among the Business Occupants and to determine a solution by consideration of objective facts concerning the proposals, including, for example: financial ability to perform, length of time in the area, accommodation of as many potential Businss Occupants as possible, appropriateness of the type of business within the proposed premises or location, the feasibility of business success, and conformity with intent and purpose of these Rules and the Plan. Participation, to the extent feasible, may be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. SECTION VI. (600) PARTICIPATION PROCEDURES A. (601) Notice and Statement of Interest Before enterin, into any Participation Agreements or Disposition and Development Agreements relating to the acquisition, development, or rehabilitation of real property in the Project Area, the CDC shall first comply with these Rules relating to soliciting interest in owner participation frorn Owners of property, which may be acquired, developed, or rehabilitated and call upon them to submit a Statement of Interest for Participation i_ lcorporated herein as Exhibit B, in the proposed development or in otherwise participating in the redevelopment of the Project Area. Those desiring to submit a Statement of Interest in Participation must complete and submit said StLtement to the CDC within forty-five (45) days of receipt. Any owner may -also submit such a Statement at any tirne before such notification. Such Statement shall include information requested by the CDC and shall be in the form requested by the CDC. nmlciz nsr.po, 8 01 /0?/2001 01/11/2005 TUE 17:39 [JOB NO. 94081 W1009 t.;DC shall consider such Statements as are submitted on time and shall seek to : op reasonable participation for those submitting such Statements whether to stay in A Lice or to move to another location. The CDC may in its sole discretion determine that a ;iriicipation proposal is not feasible or in the best interest of the Project or the .:r rilmunity, or :.s otherwise limited by one or more of the criteria set forth in Section 402 :i'eof. 1n such event, the CDC may select a developer from among prospective ;:anticipants submitting statements of interest in participating and others invited to snbrnit i:iposals. The CDC retains and shall exercise the discretion vested in it by law to .isider and determine whether the proposal or proposals for redevelopment submitted Owner or Owners for participation in the Project Area conforms to, and meets the :als and objectives of, the Plan. The CDC shall exercise said discretion reasonably, in cad. faith, and without discrimination. `602) Participation Agreements (603) lrencral Public and private Owners wishing to develop or improve their properties within the Project Area may be required, as a condition to CDC approval of such development, to enter into a binding written Participation Agreement with the CDC if the CDC determines it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan, or of any design guide adopted by the CDC pursuant to the Plan_ (604) Contents A Participation Agreement shall obligate the Owner, and the Owner's heirs, successors and assigns to acquire, rehabilitate, develop and use the property, as may be ,applicable, in conformance with the Plan and/or to he subject to such other 9 o vo2/2OU I 01/11/2005 T'UE 17:39 [Toil NO. 9408] t]010 U1i11/ZUU) 17:311 tAA 019Z35111UU non vetiscn curt • provisions and conditions of the Plan as the CDC rnay require for the period of time that the Plan is in force and effect, excepting those provisions related to nondisc:imination and nonsegregation which shall run in perpetuity. Each Participation Agreement -will contain such terms and conditions and will require the potential Participant to join in the recordation of such documents as the CDC may require in order to insure the property will be acquired, rehabilitated, developed and used in accord with the Plan and the agreement. Participation Agreements will be effective only if approved by a majority vote of the rnenibers of the CDC. SECTION VII. (700) ENFORCEMENT In the event a property is not acquired, developed, rehabilitated, or used in conformance with the Plan, with a CDC determination of conformance, or a Participation Agreement, then the CDC is authorized to (1) purchase the property, (2) purchase any interest in the property sufficient to obtain conformance, or (3) take any other appropriate action sufficient to obtain such conformance. The CDC shall not acquire real property retained or developed under an approved Participation Agreement if the Participant fully performs under the agreement. SECTION VIII. (800) AMENDMENT OF RULES The CDC may amend these rules at any regular meeting or duly called special meeting held after their adoption, but only after notice to the CDC members and the public_ The text of the proposed change shall be made available and notice of said meeting shall be published in a newspaper of general circulation. Such notice shall be published at least fourteen (14) calendar days before the date of the meeting at which the proposed amendment will be considered. The method of notice is at tie discretion of the CDC. Noe nxkttybunpnn 10 01/02/2001 mitt/;'nns TflI 17•lq r.Tna Nil q.ingl [dints ,.1ldment .shall retroactively impair the lights of any parties who have executed .\greexnents with the CDC in reliance upon these rules as presently constituted. r,xiuFy o npr 11 01 /02/2001 01/11/2005 TUE 17:39 [JOB NO. 9408) C 1012 U1/11/LUU5 17:4U FAA b1JL35J1UU 1)on Vetisch tJU1s L i.1. A PROJECT AREA MAP 01/11/2005 TUE 17:39 [J01i NO. 94081 W1013 Y CO U NiDUVO_NLI T 1CONAMS51ON 10F CH'Y 0!; Nr. ATION CI.TY National City Rc.,clevelopment Pro j oc( Area 11,WA,,A 1.,4".111.1.1.,,A111 .•, .k i. . ., ,. .•.ii..7 - •I J.,v1-„.,,, 11 1 -t .11!.:11111I1:1lI11_'111(1,11,1111:11111 11 iO11II 11I1 • I _(11110111ln 1411114i11:11r 1 t VA, ..i,:i... - b i •. • .4 II ,) i lilt ; ...I: .111111 1 1111 1 IIIIIIIIII I 11..1 ILII j,../Illi I 11111i: 11 1 1 i 1 1)11 hi Fig IM :-.,r1' or 11 If i i 1 . -- -/ , 11.01 I ifi7 .... L '11.--;s; 1\ )1.11 - - ' ifflul •.: . )•-:-.F, • ., -" ..- ) ' •:-.1 ,..' k . . . , , • 4 . kr i ).-- -li-- '''. ..-,i1‘. IL. kIL- .- . -.-.._. .i .7 ;• !, . .. ..., , "a4 11j: . I ) 1 01- --- • .1- —.. \, c:,' ' 3 II ...---- 1 1 IF' - ' '1•7-•••••• • !:!-Z: l:, .! ..:.6-:••-•m-----.11.1 T ;; 1 ' ' ' ' LA I il•-' _i__ . . il I- -•k. I 11 L.1 I 1. 01/11/2005 17:40 FAX 6192359100 Don Detisch IQJ015 L' KEILIBl1 B STATEMENT OF INTEREST Al /l> /911A:: TUT: 17.90 r TnU nrn nnnol fhnte taLsoJlvv von vettscn t1j U 16 STATEMENT OF INTEREST FOR PARTICIPATION IN THE NA'RONAL CITY REDEVELOPMENT PROJECT 1 :-1;;ress my interest in participating in the National City Redevelopment Project: yfi'.e of Property Ownerffenant: out_: 2. ' T:;tn Adc.itms: 3. -` .SirLr ss of Property owned or rented in the Project Area 4. `iorlte of business in the Project Area: Phone: 5. ( ); am a tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( ) w.y present rrooerry_ If tenant, indicate: month -to -month ( ); or lease ( ); expiration date of lease:__ 6. sy present type of business is: _ ', au.tre of pro'?osed participation: I tit: r ;. td that suimission of this Statement of Interest does not in any way obligate me to parr -.;rate in the Project_ t ir( Daft: Return to! Community Development Commission of the City of anonal City 1,40 East 12th Streit. Suite 9 National Ciry. California 91950 01/11/2005 TUE 17:39 ► JOB NO. 9408 1 iM1016 VI/II/Lk/VD 11 : 4V rjA U1 i .)JytUU von vetlscn WjU11 RESOLUTION NO. 95-23 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES BY PROPERTY OWNERS AND BUSINESS OCCUPANTS IN THE NATIONAL CITY REDEVELOPMENT PROJECT (NCRP) WHEREAS, the community Development Commission of the City of National City (CDC) has prepared a Redevelopment Plan for the National City Redevelopment Project (NCRP) which includes a provision for the use of Eminent Doma:i.n in certain designated areas; and, WHEREAS, the Rules for Governing Participation and Preferences by Property Owners and Business Occupants (RULES) are required to be adopted by the CDC if Eminent Domain is used to acquire property; and, WHEREAS, the Rules have been prepared that accord property owners fair and reasonable treatment and preferences if they are displaced from the Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED, by the Community Development Commission of the City of National City, that the Chairman is hereby authorized to adopt the Rules, attached as Exhibit "A", for use when a property is purchased by Eminent Domain in the NCRP. PASSED and ADOPTED this 16th day of May 1995. ATT aul •esra'ers, Secretary APPROVED AS TO FORM: George H. 'Eiser, III City -CDC Attorney George I-3`: Waters, Chairman (11/11/gAnr, T7ft 17.10 l 1011 NA otitis 1 Mfitii Chairman Ron Morrison Members Frank Parra 'ejandra Sotelo- 'lis '44180.f'ess Van Deventer Rosalie Zarate Executive Director Brad Raulston City Of National City ATTACHMENT 3 CONCEPTUAL SUBMITTAL REQUIREMENTS OWNER PARTICIPATION PROCESS The City Council/CDC Board has determined that a Conceptual Project Submittal must be made 60 days after filing a Statement of Interest in response to an Owner Participation letter. Conceptual Project Submittals shall be filed with the Community Development Department, Redevelopment Division and include the following: Narrative Description: The narrative description of the project should include the location and size of the project, including Assessor Parcel Numbers, all proposed land uses to occupy the project including conceptual number of housing units, size of industrial park and proposed number of businesses, proposed square footage of retail, commercial and/or office space and details about project amenities. Amenities to be described will be particular to each project but might include such things as "LEED" certification, gardens, public art, common, play or recreational facilities, day care, shared reception facilities and the like. The narrative should include the height, bulk and architectural design concept, the developer's proposed approach to increase the project's appeal, and any likely deviations from current zoning/land use requirements. A range of sales - rental prices should be identified. Finally, the economic benefit of the project should be estimated - number of jobs created, sales and/or property taxes produced and any proposed public assistance believed necessary for the project should be explained and estimated. Site Plan: A scaled drawing of the proposed project, identifying all project components must be submitted. The Site Plan does not need to be created by an architect, engineer or land use planner however applicants should remember that the City Council/CDC Board will make substantive project decisions based on the Site Plan. Architectural renderings and/or photos: Architectural renderings of the project's elevations should be provided. In the event renderings specific to the project cannot be provided, photos of the architecture of a similar project may be provided with a letter from the identified architect stating that he or she would be available to design the project if it should be acceptable to the City Council/CDC Board. Financial capacity/qualifications: Please fill out and provide Worksheet C from CDC's Statement of Development Qualifications and include it with your submittal. It is not mandatory that licensed professionals be hired to prepare a conceptual project submittal in response to an Owner Participation process, however the quality of the submittal may impact the City Council/CDC Board's response to the submittal. �..- Conceptual Project submittals are due to the CDC 60 days after CDC's receipt of your Statement of Interest. 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4250 Fax: (619) 336.4286 ATTACHMENT 4 STATEMENT OF INTEREST FORM To: Patricia Beard, Redevelopment Manager Community Development Commission of National City (CDC) 1243 National City Boulevard National City, CA 91950 From: Mr. & Ms. Property Owner 100 Cleveland Avenue National City CA 91950 SUBJECT: Assessor's Parcel No's XXX-XXX-XX, XX. Dear Ms. Beard, have received your letter dated March 24, 2009 regarding the CDC's consideration of a potential redevelopment project on Cleveland Avenue in National City. I acknowledge that I have received the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the National City Redevelopment Project." Please be advised: I wish to prepare a proposal for for participation in or development of the subject property. Said proposal is due to National City Within 60 days of this Statement of Interest. I do not wish to participate. By: Date: (Signature) (Print) Representing: (Owner of Subject Parcel) (Print) ITEM #21 2/3/09 HOME CLINIC - HOUSING FORECLOSRE ASSISTANCE - VERBAL REPORT - HOUSING & GRANTS - ITEM #22 2/3/09 SCHEDULING MARCH 21, 2009 FOR THE CITY COUNCIL STRATEGIC PLANNING WORKSHOP