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Home My WebLink About2009 06-02 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — June 2, 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 City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 6/2/2009 - Page 2 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. 1. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 21, 2009. (City Clerk) 2. Resolution of the City Council of the City of National City finding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the State of California. (City Manager) 3. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of yield signs on W. 12th Street at Coolidge Avenue to enhance traffic safety. (TSC Item No. 2009-7) (Engineering) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 206 E. 4th Street. (TSC Item No. 2009-6) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of angled parking spaces on the east side of A Avenue between E. 6th Street and E. 7th Street to provide additional street parking. (TSC Item No. 2009-8) (Engineering) 6. Resolution of the City Council of the City of National City approving Amendment No. 3 to the Agreement with the City of Chula Vista in the amount not -to -exceed $277,136.50 and authorizing the Mayor to execute the Amendment to provide additional inspection and project management services. (Funded by Tax Increment, Prop A, Facilities Maintenance and General Fund Capital Improvement funds). (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/2/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City ratifying Change Order No. 4 to the contract with L.B. Civil Construction in the not -to -exceed amount of $17,468.34 to provide construction changes for the final design plans of SDG&E and AT&T undergrounding for Bay Marina Drive Project. (Funded by Tax Increment Funds) (Engineering) 8. Resolution of the City Council of the City of National City electing exemption from statutes requiring the development and implementation of a Congestion Management Program in accordance with California Government Code Section 65088.3. (Engineering) 9. Resolution of the City Council of the City of National City approving a partnership with Kimball School, a part of the National School District, on a grant sponsored by Sun Chips and the National Geographic Society to provide environmental education to students. (Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Letter of Intent and Memorandum of Understanding with Honeywell Building Solutions to perform an investment grade audit of City -owned facilities working towards finalizing a contract for a self -funded comprehensive City energy retrofit program. The program's cost is $2,100,000 and will be funded for a term of 15 years by $53,000 in utility incentives and $148,265 of annual energy savings. (Public Works) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement with Vision Internet Providers, Inc. for the website redesign project in the amount of $350. (Funded by Tax Increment Funds) (MIS) 12. Request to use the Martin Luther King, Jr. Community Center by the Golden Coast Marketing Consultants for their information forum regarding loan fraud on Saturday, June 20, 2009 with no waiver of fees. (Community Services) 13. Department of Finance, Office of State Audits and Evaluations Final Audit Report of the City of National City Library Construction Grant Agreement 1028 for the period of January 18, 2002 through December 31, 2008. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/2/2009 - Page 4 CONSENT CALENDAR (Cont.) 14. City of National City Sales Tax Update — Fourth Quarter 2009. (Finance) 15. WARRANT REGISTER #45 Warrant Register #45 for the period of 04/29/09 through 05/05/09 in the amount of $2,651,706.63. (Finance) 16. WARRANT REGISTER #46 Warrant Register #46 for the period of 05/06/09 through 05/12/09 in the amount of $946,774.21. (Finance) NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City making certain findings with respect to the use of redevelopment funds to finance the cost of certain public facilities, including roadway resurfacing projects, within the redevelopment project areas. (Redevelopment Division) **Companion Items #18 and #25** 18. Resolution of the City Council of the City of National City approving a summary of redevelopment projects list, which includes roadway resurfacing projects, and a promissory note between the City of National City and the Community Development Commission of the City of National City. (Redevelopment Division) **Companion Items #17 and #25** NEW BUSINESS 19. Notice of Decision — Planning Commission approval of a Conditional Use Permit application for the outdoor storage of vehicles at 1523 Wilson Avenue. (Applicant: Jess E. Van Deventer) (Case File 2009-03 CUP) (Planning) 20. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a pawn shop at 604 Highland Avenue. (Applicant: Francisco Anzar) (Case File 2009-05 CUP) (Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/2/2009 - Page 5 NEW BUSINESS (Cont.) 21. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of alcohol and to offer live entertainment at the Marina Gateway Plaza Development at 700, 740 and 800 Bay Marina Drive. (Applicant: Aloha Restaurants, Inc.) (Case File 2009-07 CUP) (Planning) 22. Recommendation to enter into an Agreement with Project Design Consultants to provide consultant services for the comprehensive update of the General Plan and Land Use Code. (Community Development) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 23. Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,189,027.63 to the City of National City for the period of 04/29/09 through 05/05/09. (Finance) 24. Authorize the reimbursement of Community Development Commission expenditures in the amount of $130,362.49 to the City of National City for the period of 05/06/09 through 05/12/09. (Finance) NON CONSENT RESOLUTION 25. Resolution of the Community Development Commission (CDC) of the City of National City approving a summary of redevelopment projects list, which includes roadway resurfacing projects, and a promissory note between the City of National City and the Community Development Commission of the City of National City. (Redevelopment Division) **Companion Items #17 and #18** STAFF REPORTS 26. Status Report — SANDAG Smart Growth Grant Application for the 8th Street improvement project. (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/2/2009 - Page 6 MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — June 16, 2009 - 6:00 p.m. — Council Chambers - National City. ITEM #1 6/2/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 21, 2009 (City Clerk) City of National City, California COUNCIL AGENDA STATEMENT v MEETING DATE June 2, 2009 AGENDA ITEM NO. 2 ITEM TITLE Resolution of the City Council finding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the State of California PREPARED BY Leslie Deese, ACM DEPARTMENT (336-4240) EXPLANATION Please see attached report. City Manager's Office Environmental Review ✓ N/A Financial Statement The attached resolution cites the cumulative property tax losses of cities statewide since the state began taking these funds in the early 1990s—which is $8.6 billion statewide. The esti- mated Toss of property tax to the City of National City is $953,989 for Fiscal Year 2009-2010 alone. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report League of California Cities Background Information Resolution A-200 (9/80) Attachment — Resolution of the City Council finding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the State of California As discussed in the attached information from the League of California Cities, on May 5, the State Department of Finance announced that it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, thereby causing deeper cuts in local public safety and other vital services. In order to start that process, the Governor would have to issue a proclamation declaring the existence of a "severe fiscal hard- ship." The legislature would then have to implement the "borrowing" program by passing urgency legislation (2/3 vote) which identifies how the "loan" will be repaid with interest. The League is requesting that cities adopt a resolution finding a severe fiscal hard- ship will exist if this proposed state property tax raid is added to the pressures of the ongoing property tax losses and the serious revenue losses due to the economic re- cession. The attached resolution cites the cumulative property tax losses of cities statewide since the state began taking these funds in the early 1990s—which is $8.6 billion statewide. The estimated Toss of property tax to the City of National City is $953,989 for Fiscal Year 2009-2010 alone. Staff Recommendation: Adopt the Resolution RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED, AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the current economic crisis has placed cities under incredible financial pressure, and caused city officials to reopen already adopted budgets to make painful cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990's the state government of California has seized over $8.6 billion of city property tax revenues statewide to fund the state budget even after deducting public safety program payments to cities by the State; and WHEREAS, in FY 2007-08 alone the State seized $895 million in city property taxes statewide to fund the state budget after deducting public safety program payments, and an additional $350 million in local redevelopment funds were seized in FY 2008-09; and WHEREAS, the most significant impact of taking local property taxes has been to reduce the quality of public safety services cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, in 2004 the voters, by an 84% vote margin, adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes to fund the State budget; and WHEREAS, on May 5, 2009, the Department of Finance announced it had proposed to the Governor that the State "borrow" over $2 billion in local property taxes from cities, counties, and special districts to balance the State budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, in the past, the Governor has called such "borrowing" proposals fiscally irresponsible because the State will find it virtually impossible to repay, and it would only deepen the State's structural deficit, preventing the State from balancing its budget; and WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, State agencies are imposing, or considering, many regulations imposing unfunded mandates on local governments without regard to how local agencies will be able comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined effects of the seizure of the City's property taxes, increasing unfunded State mandates, and the revenue losses due to the economic downturn have placed the City of National City's budget under serious fiscal pressure; and Resolution No. 2009 — June 2, 2009 Page 2 WHEREAS, National City simply can not sustain the loss of any more property tax funds or be saddled with any more State mandates, as they will only deepen the financial challenge facing our City; and WHEREAS, a number of the City's financial commitments arise from contracts, including Tong -term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modified by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City has determined that the City will experience a severe fiscal hardship if the recommendation of the Department of Finance to "borrow" $2 billion of local property taxes is supported by the Governor and the Legislature. BE IT FURTHER RESOLVED that the City Council strongly and unconditionally opposes the May 5 proposal of the Department of Finance and any other State government proposals to borrow or seize any additional local funds, including the property tax, redevelopment tax increment, and the City's share of the Prop. 42 transportation sales tax. BE IT FURTHER RESOLVED that the City Council strongly urges the State legislature and Governor to suspend the enactment of any new mandates on local governments until such time as the economy has recovered, and urges the State to provide complete funding for all existing and new mandates. BE IT FURTHER RESOLVED that the City Clerk shall send copies of this resolution to the Governor, our State senator(s), our State assembly member(s) and the League of California Cities. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 1 of 2 Leslie Deese From: Catherine Hill [chill©cacities.org] Sent: Monday, May 11, 2009 8:48 PM To: Catherine Hill Subject: State Budget Crisis - SAVE YOUR CITY Attachments: SAVE YOUR CITY - Final Call to Action 050609.pdf; Memo - Invite to Join Coalition - San Diego and Imperial County Final.doc; Memo and Fiscal Hardship Reso May 8 (final) (2).doc; General SAVE YOUR CITY Fact Sheet FINAL (2).pdf; Endorsement SheetSYC-FINAL.pdf San Diego Division Members, At the San Diego Division meeting today, I briefed the members in attendance on an effort underway by the League of California Cities to draw attention to the threat of a state raid on local property and sales tax to address the state budget deficit. I am forwarding this memo and additional information and a call to action to all division members. As League Executive Director Chris McKenzie outlines in the Memo and Fiscal Hardship Resolution (May 8tt')_the League has recently been informed by the Department of Finance (DOF) that they will propose to the Governor that he and the Legislature consider pulling the Prop 1 A "trigger" and take as much as $2B local government property and sales tax to close the budget gap. Talk of "borrowing" from local government has been recently discussed by legislators in committee hearings as well by DOF who will present this and other scenarios to the Governor for consideration as part of the May Revision now set to be delivered this Thursday May 14th. The Governor is likely to deliver two different budget scenarios — one if the May 19th propositions pass and another scenario if the propositions fail. As of tonight, it has been reported in the Sacramento Bee that the deficit will be around $21.3B if all the propositions fail. Cities are encouraged to place this resolution on their council agenda to inform the State that any further taking of local government funds could result in cuts in city services and resources at a time when other economic factors have already impacted them. While cities' fiscal health varies throughout the state, all cities have had to make tough decisions during the economic downturn and will have to continue to do so without the State's taking of additional local funds. Also attached is a memo from me outlining the SAVE YOUR CITY —Final Call to Action. I had the opportunity to brief the San Diego City Managers on Friday 5/8, and the San Diego Division on Monday 5/11. I will have the opportunity to brief the Imperial City Managers on Wednesday 5/13. I would appreciate your suggestions and commitment on how best to make this a successful effort in these regions. Finally, the Invite to Join Coalition and a SAVE YOUR CITY. fact sheet are brief memos you can share with potential coalition partners on the threat city general funds and redevelopment could be facing if the state takes from local revenues and a call to join in efforts to stop this from occurring. This memo can be used by city officials and staff to share with local government supporters and encourage them to sign the Endorsement Sheet SAVE YOUR CITY form. As this is budget advocacy, it is permissible for city officials to send this information and endorsement form out on city time and using city resources. It is our hope to have over 500 coalition members join by the end of this month. We need your help to make that happen. Please distribute this SAVE YOUR CITY general fact sheet and Endorsement Sheet widely. Between now and the May 19th Special Election followed by the beginning of budget discussions in earnest, we will be working on building support and awareness of the threat to city budgets and what any "borrowing " will mean for local governments. Additionally, with the League Mayor and Council Member Academy in San Diego May 27-29, we will have an opportunity to respond to the media with not only San Diego County cities' response 5/27/2009 Page 2 of 2 to proposed budget cuts but those of other League members and city staff here for the conference. Stay tuned for a region wide press event planned around this date. Again, I look forward to speaking to you all in more detail and receiving your input. Please contact me with any questions or comments. Catherine 5/27/2009 LIEAIGUE RNIA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: City Officials FROM: Chris McKenzie, Executive Director R.E: Sample Resolution Declaring Severe Fiscal Hardship DATE: Friday, May 08, 2009 Background. On May 5 the Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital service. In order to start that process, the Governor would have to issue a proclamation declaring the existence of a "severe fiscal hardship." The legislature would then have to implement the "borrowing" program by passing urgency legislation (2/3 vote) which identifies how the "loan" will be repaid with interest. Resolution. The League has developed the attached Resolution Finding A Severe Fiscal Hardship Will Exist if this proposed state property tax raid is added to the pressures of the ongoing property tax losses and the serious revenue losses due to the economic recession. The resolution in effect states that the idea of the state taking property tax funds from already stressed city budgets is ludicrous and irresponsible. It helps demonstrate that part of the reason cities are cutting there budgets today, in fact, is because of past and continuing property tax raids. If possible, we urge that a staff report be prepared with information on property tax losses (see below) and budget cuts the city has made and is facing. Cumulative Property Tax Losses. The attached resolution cites the cumulative property tax losses of cities statewide since the state began taking these funds in the early 1990s-- which is $8.6 billion statewide even after deducting payments cities receive from the Prop. 172 public safety sales tax the state COPS grant program. If you want to see your individual city total, see: http://www.californiacityfinance.com/ERAFbyCity08.pdf. Please use the figure in the last column on the right if you want to insert the amount your city has lost to these state raids. Where to Send Copies. The draft resolution directs the city clerk to send copies to your legislators, the Governor, and the League. We would appreciate you faxing copies to both your League Regional Public Affairs Manager and the League's Sacramento Office (Fax 916-658-8240). Note. The last WHEREAS clause was included on the advice of bond counsel to avoid any implication that the city would not honor any of its bond or other contractual obligations. Questions. If you have any questions or need any information please contact your League Regional Public Affairs Manager. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 3 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of Yield signs on W. 12th Street at Coolidge Avenue to enhance traffic safety (TSC Item No. 2009-7) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director N/A Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISS ON RECOMMED ION At their meeting on May 13, 2009 the raffic Safety Committee approved the staff recommendation to install Yield signs on W. 12th Street at Coolidge Avenue to enhance traffic safety. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (May 13, 2009) A-200 (Rev. 7/03) Explanation City Engineering staff was asked to investigate the potential for Yield Sign traffic control at the intersection of Coolidge Avenue and W. 12th Street. Currently no traffic control is provided at the intersection. Staff visited the site and determined that warrants for Two -Way Stop Control and All -Way Stop Control are not met due to low traffic volumes. Staff noted that Yield signs are provided for other low -volume intersections within the Old Town Neighborhood. Staff also reviewed traffic collision records and noted one reported collision that is susceptible to correction by Yield sign traffic control. Observed traffic conditions indicate that Coolidge Avenue is the primary street and W. 12`h Street is the secondary street for purposes of traffic control. Staff recommends installation of Yield signs with Yield pavement legends on W. 12`h Street at Coolidge Avenue to enhance traffic safety. All work will be completed by the City Public Works Department. TSC 2009-7 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF YIELD SIGNS ON WEST 12TH STREET AT COOLIDGE AVENUE TO ENHANCE TRAFFIC SAFETY WHEREAS, after an inspection of the traffic at the intersection of Coolidge Avenue and West 12th Street, it was determined that traffic safety would be enhanced by the installation of Yield signs on West 12th Street; and WHEREAS, at its meeting on May 13, 2009, the Traffic Safety Committee approved Staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of Yield signs on West 12th Street at Coolidge Avenue to enhance traffic safety. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 13, 2009 ITEM TITLE: ITEM NO. 2009-7 REQUEST FOR INSTALLATION OF YIELD SIGNS ON W. 12rri STREET AT COOLIDGE AVENUE (BY CITY, ON BEHALF OF CITIZENS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: City Engineering staff was asked to investigate the potential for Yield Sign traffic control at the intersection of Coolidge Avenue and W. 129' Street. Currently no traffic control is provided at the intersection. Staff visited the site and determined that warrants for Two -Way Stop Control and All - Way Stop Control are not met due to low traffic volumes. Staff noted that Yield signs are provided for other low -volume intersections within the Old Town Neighborhood. Staff also reviewed traffic collision records and noted one reported collision that is susceptible to correction by Yield sign traffic control. Observed traffic conditions indicate that Coolidge Avenue is the primary street and W. 12th Street is the secondary street for purposes of traffic control. Staff recommends installation of Yield signs with Yield pavement legends on W. 12"' Street at Coolidge Avenue to enhance traffic safety. STAFF RECOMMENDATION: Staff recommends installation of Yield signs with Yield pavement legends on W. 12'h Street at Coolidge Avenue to enhance traffic safety. EXHIBITS: 1. Location Map 2. Photo 2009.7 Intersection of Coolidge Ave. & W. 12th St. (looking west) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 4 /ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 206 E. 4th Street (TSC Item No. 2009-6) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolytion,/1 4 BOARD / COMMISSION RECOMMEDAT N At their meeting on May 13, 2009 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 206 E. 4th Street. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (May 13, 2009) A-200 (Rev. 7/03) Explanation Ms. Maryln Brown requested installation of a handicap parking space in front of her house located at 206 E. 4'h Street. Ms. Brown stated that she has medical conditions and cannot walk long distances. She has a valid "Disabled Person Parking Placard". Staff visited the site and observed that there are no useable off-street parking spaces available on the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 206 E. 4th Street. The resident shall be aware that any person with valid "disabled persons" license plates may park in a designated handicap parking space. All work will be completed by the City Public Works Department. TSC 2009-6 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 206 EAST 4TH STREET (TSC ITEM NO. 2009-6) WHEREAS, Ms. Maryln Brow, who is disabled, has requested that a blue curb handicap parking space be installed in front of her home located at 206 East 4th Street; and WHEREAS, at its meeting on May 13, 2009, the Traffic Safety Committee approved the installation of a blue curb handicap parking space with sign in front of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish a blue curb handicap parking space with sign in front of the property located at 206 East 4th Street. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 13, 2009 ITEM TITLE: ITEM NO. 2009-6 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 206 E. 4T" STREET (BY M. BROWN) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Maryln Brown has requested the installation of a handicap parking space in front of her house located at 206 E. 4th Street. Ms. Brown stated that she has medical conditions and cannot walk long distances. She has a valid "Disabled Person Parking Placard". Staff visited the site and observed that there are no useable off-street parking spaces available on the property. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or disabled veterans". This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curb handicap parking space with sign in front of the residence at 206 E. 4'h Street. The resident shall be aware that any person with valid "disabled persons" license plates may park in a designated handicap parking space. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installing a blue curt) handicap parking space with sign in front of the residence at 206 E. 4t'' Street. 0 r EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. Disabled Persons Parking Policy 2009-6 a '/ 1,9(1) 1 .i ---)i)7 5 1.3 5 -{ ,1,7. cd .3; ,_)) _( cy2J o.f (/F -14 '77 71E7 Oil-1 0 C 141 - I tYL 'yy-r,' A 3,141/7-1/1" C c7'7 11±70 t, 1 1 'DJ d d-to ) YT- ? ,Tht z7J ,)14 elf• 0 4- C-"J j- 774:• (2) ) /2 vl .)_!! V. p /74 i:1(P117 c? 11+ Se7 11 ' •ti ?114. dn jcr (7-1 rvog teoC?-)co 1,10 14-/orr. cro 'lilt.1 o 7LVC'/j-1I XAA) -3 0- C'jj• 7 1 111- 10 1- r 1-7 ) T- 1,4 .id) 14 0-) Aviv 71 wo'vr-, 0/ 1 05.1),11) LCV 171I7 ts1):--) 99 .! -17 DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: 004544H 1 DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT EXPIRES: 06/30/2011 DATE ISSUED: 03/28/2009 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. TYPE: N1 TV: 92 DOB: 08/21/1952 ISSUED TO BROWN MARYLU DIANE 206 EAST 4TH STREET NATIONAL CITY CA 91950 CO: 37 Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a lisabled person's vehicle at self-service rates, ixcept self-service facilities with only one cashier. NNW When your placard is properly displayed, you may park in or on: ' Disabled person parking spaces (blue zones) ' Metered zones without paying. ' Green zones without restrictions to time limits. • Streets where preferential parking privileges are given t residents and merchants. You may not park in or on: " Red, Yellow, White or Tow Away Zones. " Crosshatch marked spaces next to disabled person parking spaces. It is considered misuse to: * Display a placard unless the disabled owner is being transported. * Display a placard which has been cancelled or revoked. • Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 004 DPP000 R, vor CALIFORNI DRIVER UCENSE EXPIRES08-21-12 C2522764 MARYLU DIANE BROWN 206E 4TH ST NATIONAL CITY CA 91950 SEX:F HAIR:BRN EYES:HZL HT:S--02 WI: 190 i:03: C8-21-SL CLASS:C 08/16/2007 613 07 GD/12 it PARKING PLACARD :+DISABLED PERSON Location Map 206 E. 4th Street (looking south) DISABLED PERSONS PARKING POLICY 1'he purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Ivlotor Vehicles. The City Council may Upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Elospitals and convalescent homes with more than 7S-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6 Employment offices for major enterprises employing more than 200 persons. 9 Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. I I Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 21 hours per day. l2 A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall he a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special hardship Cases It is not the intention of the City to provide personal reserved parking on the public right -jot -way, especially in residential areas However, exceptions may be made, in special hardship cases, provided all.of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence (1) Subject residence must not have useable off-street parking available or off-street space available that may he converted into disabled parking. NOTE It nu.rst be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid `disabled persons" license plates may park in the above stalls. Jha p /U City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of angled parking spaces on the east side of A Avenue between E. 6`h Street and E. 7`h Street to provide additional street parking (TSC Item No. 2009-8) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: c%c r £,4% Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolu '+n. BOARD / COMMISSIO REC MED ON At their meeting on May 13, 2009 the Tr ffic Safety Committee approved the staff recommendation to install angled parking spaces on the east side of A Avenue between E. 6th Street and E. 7th Street to provide additional street parking. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (May 13, 2009) A-200 (Rev. 7/03) Explanation City Engineering staff was asked to investigate the potential for installing angled parking on A Avenue between E. 6th Street and E. 7th Street. Currently parallel parking is provided on both sides of the street for this block. Angled parking is provided to the south on the 700 block of A Avenue and has been previously approved by City Council for installation on the 800 block of A Avenue to provide additional street parking. The roadway cross-section is the same for all three blocks. Staff visited the 600 block of A Avenue and determined that angled parking is more appropriate for the east side of the street since there are fewer driveways. Currently parallel parking is available for approximately 8 vehicles on the west side of the street and 10 vehicles on the east side. Installation of angled parking on the east side would result in an increase of 4 spaces for the block. Given the high demand for on -street parking along the A Avenue corridor and parking prohibition on the 700 block of A Avenue during the Farmer's Market, staff recommends installation of angled parking spaces on the east side of A Avenue between E. 6th Street and E. 7th Street to provide additional street parking. All work will be completed by the City Public Works Department. TSC 2009-8 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF ANGLED PARKING SPACES ON THE EAST SIDE OF "A" AVENUE BETWEEN EAST 6TH STREET AND EAST 7TH STREET TO PROVIDE ADDITIONAL STREET PARKING (TSC ITEM NO. 2009-8) WHEREAS, parallel parking is currently provided on both sides of "A" Avenue between East 6th Street and East 7th Street; and WHEREAS, angled parking has already been approved for the 700 block and 800 block of "A" Avenue to provided additional street parking; and WHEREAS, it has been determined that angled parking is more appropriate for the east side of the "A" Avenue since there are fewer driveways, a high demand for on -street parking, and a parking prohibition on the 700 block of "A" Avenue during the Farmers' Market; and WHEREAS, at its meeting on May 13, 2009, the Traffic Safety Committee approved the installation of angle parking on the east side of "A" Avenue between East 6th Street and East 7th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approved the installation of angle parking on the east side of "A" Avenue between East 6th Street and East 7`h Street. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 13, 2009 ITEM TITLE: ITEM NO. 2009-8 REQUEST FOR INSTALLATION OF ANGLED PARKING ON A AVENUE BETWEEN E. 6TH STREET AND E. 7TH STREET (BY CITY, ON BEHALF OF CITIZENS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: City Engineering staff was asked to investigate the potential for installing angled parking on A Avenue between E. 6th Street and E. 7th Street. Currently parallel parking is provided on both sides of the street for this block. Angled parking is provided to the south on the 700 block of A Avenue and has been approved by City Council for installation on the 800 block of A Avenue to provide additional street parking. The roadway cross-section is the same for all three blocks. Staff visited the •600 block of A Avenue and determined that angled parking is more appropriate for the east side of the street since there are Tess driveways. Currently parallel parking is available for 8 vehicles on the west side of the street and 10 vehicles on the east side. Installation of angled parking on the east side would result in an increase of 4 spaces for the block. Given the high demand for on -street parking along the A Avenue corridor and parking prohibition on the 700 block of A Avenue during the Farmer's Market, staff recommends installation of 14 angled parking spaces on the east side of A Avenue between E. 6'h Street and E. 7'h Street to provide additional street parking. STAFF RECOMMENDATION: Staff recommends installation of 14 angled parking spaces on the east side of A Avenue between E. 6th Street and E. 7`h Street to provide additional street parking. EXHIBITS: 1. Location Map 2. Photo 2009-8 L L A Avenue between E. 6th Street and E. 7`h Street (looking south) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 3 to the agreement with the City of Chula Vista in the amount not -to -exceed $277,136.50 and authorizing the Mayor to execute the amendment to provide additional inspection and project management services. (Funded by Tax Increment, Prop A, Facilities Maintenance and General Fund Capital Improvement funds) PREPARED BY Barby Tipton \,t %, DEPARTMENT Engineering EXT. 4583 EXPLANATION See attached explanation X N/A Environmental Review MIS Approval Financial Statement Approved By: Funds are available in various Capital Improvement Projects (see atti shed explanation for the liste account numbers) Account No STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMIS ION RECOMME ON N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 original copies) chula A-200 (Rev. 7/03) Explanation: On June 3, 2008, a contract agreement was executed between the City of National City and the City of Chula Vista to provide engineering, construction management, and inspection services in the amount $200,000. On September 16, 2008 contract amendment number 1 for $275, 000 was approved by council to expand the number of personnel hours bring the authorized amount to $475,000. On March 17, 2009, Amendment number 2, for $30,200 for inspection services for the Bay Marina Drive Improvements was approved. This amendment will bring the total amount of authorized services to $782,536.50. This agreement is to provide construction inspections, project management and general engineering services for various capital improvement projects. The total of amount of projects is about 10 million dollars. The total authorized amount of services accounts for about 8 percent of the total project costs. Funds will be encumbered on an as needed basis by project from the various funds listed below. Project Number Account Number Project Description Amount Finance ; Approval 1 626-422-223-288-0000 Multiple Facilities Project Schedule B $ 1,443.00 2 001-409-500-598-4127 Parks Rehabilitation/ADA Improvements $ 13,430.50 3 307-409-500-598-6035 Mark Out/Dig Out for Street Resurfacing $ 47,510.00 4 307-409-500-598-6035 Street Resurfacing $ 164,000.00 5 511-409-500-598-3005 Kimball House ADA Restroom Plans $ 7,660.00 6 511-409-500-598-3842 Bay Marina Drive Widening $ 30,240.00 7 511-445-468-213-0000 Kimball Tower A/C and Storage Tank $ 7,992.00 8 511-445-468-213-0000 Kimball Tower Misc. Improvements $ 3,418.00 9 001-409-000-288-0000 MEA Improvements $ 1,443.00 Total $ 277,136.50 Item 1 is to prepare plans and specifications for Senior Center NC and the Fire Suppression System. Item 2 is to prepare plans and specifications for Phase Four of the Parks rehabilitation and the ADA improvements. Item 3 is to conduct field mark -outs for the Fiscal Year 2009-2010 Street Resurfacing Project. Item 4 is to conducted inspections and project management for the Fiscal Year 2009-2010 Resurfacing project. Item 5 is to prepare plans and specifications for the Kimball House Restrooms Item 6 due to the required acceleration of the Bay Marina Drive Widening Project it is necessary to have an inspector on site 8 hours a day rather than the projected 4 hours a day as originally proposed. Item 7 is to prepare plans and specifications for additional work (Parking lot Asphalt, concrete repairs and storage tank replacement) added to the original Item 8. Item 9 provides plans and specifications for the Municipal Employees' Association's (MEA) lounge/lunchroom improvements. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO AGREEMENT WITH THE CITY OF CHULA VISTA IN THE NOT -TO -EXCEED AMOUNT OF $277,136.50 TO PROVIDE ADDITIONAL INSPECTION, PROJECT MANAGEMENT, AND GENERAL ENGINEERING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-96, approving an agreement with the City of Chula Vista in the amount of $200,000 to provide construction, engineering, management, and inspection services to the Engineering Department for major National City projects; and WHEREAS, on September 16, 2008, Resolution No. 2008-187 was adopted approving Amendment to Agreement No. 1 in the amount of $275,000 to provide additional construction, engineering, management, and inspection services required to meet the deadlines for several City projects; and WHEREAS, Resolution No. 2009-44, adopted on March 3, 2009, approved Amendment to Agreement No. 2 in the not -to -exceed amount of $30,240 to provide inspection services for the Bay Marina Drive Widening Project; and WHEREAS, Amendment to Agreement No. 3, in the not -to -exceed amount of $277,136.50 will provide for construction inspection, project management, and general engineering services for various National City capital improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 3 to Agreement with the City of Chula Vista in the not -to -exceed amount of $277,136.50 to provide for construction inspection, project management, and general engineering services for various National City capital improvement projects, bringing the total amount for all work to $782,536.50. Said Amendment No. 3 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney "01.11.1%1 CITY OF CHULA VISTA DEPARTMENT OF ENGINEERING Maryam Babaki City of National City 1243 National City Blvd. National City, CA 91950 May 19, 2009 File No. ENGNC SUBJECT: SUMMARY PROPOSAL AND MASTER DOCUMENT FOR MULTIPLE PROJECTS FOR THE CITY OF NATIONAL CITY. Based on work requested by National City Staff we have provided the following preliminary proposals: Account # 1 626-422-223-288-0000 - Project Description Amount Repairs at Multiple Facilities Project Schedule B: A/C Unit and Fire Suppression System 2 001-409-500-598-4127 3 307-409-500-598-6035 $1,443 00 Parks Rehabilitation Phase 4 /ADA Master Plan Resurfacing Project 2009 Pavement Mark Out/Dig Out Resurfacing 4 5 6 7 9 307-409-500-598-6035 511-409-500-598-3005 Pavement Resurfacing Project 2009 Kimball House ADA Restroom Plans 511-409-500-598-3842 Bay Marina Drive Widening 511-445-468-213-0000 $13,430.50 $47,510.00 $164,000.00 $7,660.00 $30,240 00 Kimball Tower Re -pavement and Hot water Storage Tank 511-445-468-213-0000 Repairs At Multiple Facilities Project Schedule A: Fence, walk- in freezer, Concrete Repair, and Flooring. 001-409-000-288-0000 Repairs At Multiple Facilities Project Schedule C: MEA Improvements EXkl (hi $7,992.00 $3,418 00 $1,443 00 Total of All Proposals to Date: $ 277,136.50 276 FOl IRTH AVENIAL / CHM A VISTA, CALIFORNIA 91910-2631 / (619) 691-5021 Pep.1 Co,, Re, 1,1 F.Apl, The master proposal breakdown shown above is based on the scope described in multiple preliminary documents received from the City of National City beginning in January 2009. Should any of the above projects require City of Chula Vista services beyond the scope outlined, we will proceed on an hourly basis based on our agreement with the City of National City and at the direction of the City of National City- City Engineer. Should you have any questions, please do not hesitate to contact me. R.A. HOPKINS DIRECTOR OF PUBLIC WORKS CITYOF CHULA VISTA C:\I)ocuincnts and Settings\gordorid \4y Uocunients\National City'Nlaster Proposal May I9.[)OC CITY OF CHULA VISTA AMENDMENT NUMBER THREE TO THE AGREEMENT FOR PROFESSIONAL, SERVICES BETWEEN THE CITY OF NATIONAL CITY AND CITY OF CHULA VISTA This Amendment Number Three to the Agreement for Professional Services between the City of National City and City of Chula Vista ("Amendment") is entered into this 5th day of September 2009, by and between the City of National City, a municipal corporation ("CITY"), and the City of Chula Vista (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on June 3, 2008, entitled Agreement for Professional Services between the City of National City and City of Chula Vista ("Original Agreement"), wherein the CONTRACTOR agreed to provide construction engineering, management, and inspection services for the CITY'S major active projects. B. The Original Agreement provides that CITY may increase the Scope of Services to be performed by CONTRACTOR. C. The Agreement was amended on September 16, 2008 to extend the number of personnel hours with the not -to -exceed amount of $275,000 D. The Agreement was amended on March 17, 2009 to provide inspection services for the Bay Marina Drive Project with the not -to -exceed amount of $30,400. E. The CITY now seeks to increase the Scope of Services by increasing the number of staff hours to provide additional inspection services, project management and engineering services for various Capital Improvement Projects (Exhibit A) for a total of $277,136.50 and CONTRACTOR seeks to perform this increased work. F. The CITY and CONTRACTOR have negotiated and agreed upon the additional compensation associated with this increased work. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. This Amendment specifies additional work to be performed by CONTRACTOR for CITY at specified hourly rates, which is detailed in Exhibit -A", attached hereto and incorporated herein by reference. This Amendment authorizes the payment of an amount not to exceed $277,136.50 for this additional work, increasing the not to exceed amount in Section 6 of the Original Agreement from TWO -HUNDRED TLIOUSAND DOLLARS ($200,000) to SEVEN HUNDRED EIGHTY TWO THOUSAND FIVE HUNDRED THIRTY SIX DOLLARS ANI) FIFTY CENTS ($782,536.50) for all services, including the additional services that are the subject of this Amendment. 3. The parties agree that with the foregoing exception, each and every term and provision of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY CITY OF CHUI,A VISTA By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: andoval, City Manager R.A. Hopki s, ity .'gineer 2 Amendment No. three to Agreement Between National City and Chula Vista City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 7 /ITEJVI TITLE Resolution of the City of National City Council ratifying Change Order #4 to the contract with L.B. Civil Construction in the not to exceed amount of $17,468.34 to provide construction changes for the final design plans of SDG & E and AT&T undergrounding for Bay Marina Drive Project. (Funded by Tax Increment Fund) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION See attached explanation Environmental Review X N/A MIS Approval Financial Statement Approved By Funds are available in expenditure account 511-409-500-598-3842 Finance Director Account No. STAFF RECOMMENDATION ' Adopt the Resoluti n. / BOARD / COMMISSION RECOMM N ATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order #4 lb A-200 (Rev. 7/03) Explanation: On February 17, 2009, Council approved a resolution awarding L.B. Civil Construction, the contract in the amount of $1,060,500.30 to construct improvements that consists of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under -grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up - lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; and the closing of Harrison Avenue to through traffic. Change Order #1 was issued in the amount of $3,303.09 to addressed the stripping necessary to change 23rd Street from a one-way street to a two-way street so that there will be access to businesses in the area when Harrison Avenue is closed to thru traffic. Change Order #2 was to accomplish final designs for SDG&E's at 1 location. This change order was voided and included in change order #4. Change Order #3 in the amount of 2,537.50 was to install the future waterline under the sidewalk at Harrison adjacent to Bay Marina Drive. This installation will save the cost of removing and replacing the new sidewalk for the Streetscape phase of work in the future. In order to meet the deadline of June 1, 2009 for completion of the improvements on Bay Marina Drive, in time for the Hotel grand opening, the plans and specifications were put out to bid with SDG&E's best estimate of what would be required for the under railroad crossings. SDG&E's final design which was received after the bids where in, are significantly different than the original design. These requirements meet final design needs for the utility companies. These changes will complete the undergrounding phase for all utilities for Bay Marina Drive, Harrison, 23rd and Cleveland. This Change Order #4, in the amount of $17,468.34 will provide for the installation of the utility line casings for under railroad installations as required by MTS and SDG&E. The plans and requirements for the casings under the railroads changed significantly from bid time from SDG&E's basic design to the final design that was delivered after bid were accepted. There are 2 extra conduits, more spacers, larger and smaller casings and AT&T must be in their own casing separate from SDG&E. Additionally, all casings must be filled with slurry. With this change order the total contract amount is $1,083,809.23. Due to the urgency in completing the work, the Change Order has already been signed and should now be ratified by the Council. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING CHANGE ORDER NO. 4 WITH L.B. CIVIL CONSTRUCTION IN THE NOT -TO -EXCEED AMOUNT OF $17,468.34 TO PROVIDE CONSTRUCTION CHANGES FOR THE FINAL DESIGN PLANS FOR SDG&E AND AT&T UNDERGROUNDING FOR THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, on February 17, 2009, the City Council adopted Resolution No. 2009-25, approving a contract in the amount of $1,060,500.30 with L.B. Civil Construction, Inc., for construction improvements associated with the Bay Marina Drive Widening Project; and WHEREAS, on April 29, 2009, Change Order No. 1 was approved in the amount of $3,303.09 to address the stripping necessary to change 23rd Street from a one-way street to a two-way street to provide access to businesses in the area when Harrison Avenue is closed to through traffic; and WHEREAS, Change Order No. 2 provided for the slurry seal of casings installed under railroad crossings to accomplish final designs for SDG&E at one location, but was voided and is now included in Change Order No. 4, which includes all locations; and WHEREAS, Change Order No. 3 in the amount of $2,537.50 dated May 5, 2009, provided for the installation of the future waterline tie-in under the sidewalk at Harrison adjacent to Bay Marina Drive, which will save the cost of removing and replacing a new sidewalk for the Streetscape phase of the work in the future; and WHEREAS, Change Order No. 4 in the amount of $17,468.34, provides for the slurry seal of casings installed under the railroad crossings; and WHEREAS, pursuant to the Disposition and Development Agreement between the Community Development Commission of the City Of National City and Marina Gateway Development Company, LLC., and Sycuan Tribal Development Corporation, the City of National City is obligated to complete the Bay Marina Project by June 1, 2009, therefore it was necessary to authorize Change Order No. 4 prior to council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies Change Order No. 4 to the Agreement with L.B. Construction, Inc., in the amount of $17,468.34 for the slurry seal of casings installed under the railroad crossings for the Bay Marina Drive Widening Project. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney City of National City Bay Marina Drive Widening Specification 08-13 CHANGE ORDER #4 May 13, 2009 Contractor: L.B. Civil Construction A Change Order is hereby recommended for the following work in the amount identified below: Description of Changein the Contract This change in the contract adds the costs of additional work and materials required by utilities for the under the railroad casings at all locations. See Attachment "A" for details. Cost Reconciliation This change in the contract was reviewed and negotiated by and between the City Representatives and the Contractor and represents the entire agreement for the work described herein and includes all costs associated with the work including but not limited to manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. and represents all the work and parts necessary for a complete installation as described and there will be no other compensation. This Change Order hereby incorporates the original contract and all its referenced documents' terms and conditions. Justification for Change in Contract See Attachment "A". Construction Contract Accounting Summary Original Contract amount: Net change by previously authorized Change Orders: Contract amount prior to this Change Order: Amount of this Change Order: New Contract amount: Original Contract time (calendar days): 66 Previously approved additional working days: 1 Additional working days for this Change Order: 10 Total Contract time (working days): 77 (see Weekly Statement of Contract Time for completion date) Reviewed by ci a Civil Engineer rin p Date Agreed to and Accepted by: L.B. Civil Construction 5/8o, Dat cc Contractor. Construction File, Protect Manager. City Clerk 1,060,500.30 5,840.59 1,066, 340.89 17,468.34 1,083,809.23 Recommended for approval by: Recommended for approval by Approved by S l/g i City anj er Date ��r- 6 /2/ City of National City Bay Marina Drive Widening Specification 08-13 ATTACHMENT "A" Change Order #4 This change in the contract will add the additional costs of the installation of the utility line casings for under railroad installations as required by MTS and SDG&E. The plans and requirements for the casings under the railroads changed significantly from bid time from SDG&E's basic design to the final design that was delivered after bid were accepted. There are 2 extra conduits, more spacers, larger and smaller casings and AT&T must be in their own casing separate from SDG&E. Additionally, all casings must be filled with slurry. The costs described below are itemized for reference purposes only. The lump sum price for this change order includes ali costs associated with the work including but not limited to manpower, equipment, labor, fees, taxes, insurance, bonding, overhead, profit, etc. and represents all the work and parts necessary for a complete installation as described herein and per the latest SDG&E plans and there will be no other compensation whether it is itemized below or not. No Item Units # Units Price/Units Costs 1 Additional 4" conduit LF 165 1.03 169.95 2 Additional 5" conduit LF 165 1.20 198.00 3 Additional 4" sweeps EA 28 14.68 411.04 4 Additional 5" sweeps EA 12 19.58 234.96 5 Credit 4" conduit, now sweeps LF 81 (1.03) (83.43) 6 Credit 5" conduit, now sweeps LF 36 (1.20) (43.20) 7 Additional spacers EA 24 145.00 3,480.00 8 Additional slurry, 50-50 mix SY 27 81.78 2,208.06 9 Additional cost for 28" casing LF 165 66.76 11,015.40 10 Credit for 12" casing LF 165 (26.18) (4,319.70) 11 Pump Surcharge EA 3 250.00 750.00 12 Labor: Pipe Layer HR 3 35.61 106.83 13 Labor: Lead Man HR 3 41.61 124.83 14,252.74 Sub Mark-up @ 15% 2,137.91 subtotal 16,390.65 Prime Mark-up @ 5% 819.53 subtotal 17,210.18 Bond @ 1.5% 258.15 TOTAL COST 17,468.34 JUSTIFICATION: In order to meet the deadline of June 1, 2009 for completion of the improvements on Bay Marina Drive, in time for the Hotel grand opening, the plans and specifications were put out to bid with SDG&E's best estimate of what would be required for the under railroad crossings. SDG&E's final design whichwas received after the bids where in, are significantly different than the orginal design, (as described above). These requirements meet final design needs for the utility companies and cannot be changed or adjusted downward. These changes will complete the undergrounding phase for all utilites for Bay Marina Drive, Harrison, 23rd and Cleveland. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 8 (ITEM TITLE Resolution of the City Council of the City of National City electing exemption from statutes requiring the development and implementation of a Congestion Management Program in accordance with California Government Code Section 65088.3 PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION See attached. 2 Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the resoluti BOARD / COMMIS ION RECOMMEDAT N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. SANDAG correspondence A-200 (Rev. 7/03) Explanation Staff is requesting a resolution from City Council electing exemption from statutes requiring the development and implementation of a Congestion Management Program (CMP) in accordance with California Government Code Section 65088.3. The purpose of the CMP is to monitor the performance of the region's transportation system, develop programs to address near -term and long-term congestion, and better integrate transportation and land use planning. One major reason for City Council to consider opting out of the State CMP process is to relieve the City of National City of the requirement to prepare Deficiency Plans for deficient roadway segments. Failure to prepare and adopt sufficient Deficiency Plans within the time allowed by statute will result in the withholding of State Gas Tax funds. Based on the adopted 2008 CMP Update administered by the San Diego Association of Governments (SANDAG), the City of National City, in conjunction with other affected local jurisdictions, would be required to prepare and adopt Deficiency Plans for the following CMP routes which do not meet the CMP Level of Service (LOS) E standard: 1) Interstate 5 from SR- 54 to Pacific Highway ramp (LOS F); 2) Interstate 805 from Telegraph Canyon Road to SR-54 (LOS F). These Deficiency Plans will not be required if the San Diego region elects to opt out of the State CMP by September 11, 2009. In order to opt out of the State CMP, a majority of the 19 local jurisdictions (18 cities and the County) representing a majority of the population in San Diego County must adopt resolutions electing to be exempt from the State CMP. The SANDAG Office of General Counsel has confirmed that local agencies will not lose their State Gas Tax allocations if the San Diego region opts out of the State CMP. If the San Diego region chooses to opt out, SANDAG will continue to meet the Federal CMP provisions through existing SANDAG planning and performance monitoring activities, such as the Regional Transportation Plan (RTP) and other multimodal performance monitoring efforts. SANDAG staff discussed the "opt out" option with City of National City staff and staff from other local jurisdictions at recent CTAC (Cities / County Transportation Advisory Committee), TWG (Regional Planning Technical Working Group) and SANTEC (San Diego Regional Traffic Engineers Council) working group meetings over the last few months. The majority of representatives from the working groups expressed support for pursuing the option of opting out. At its May 8, 2009 meeting, the SANDAG Board of Directors voted to direct SANDAG staff to work with local jurisdictions that desire to elect to opt out of the State CMP (see attached correspondence from SANDAG). Based on the above findings, staff recommends that City Council elect to opt out of the State CMP to relieve the City of National City of the CMP requirement to prepare Deficiency Plans for deficient roadway segments and therefore, secure allocation of State Gas Tax funds. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ELECTING TO BE EXEMPT FROM THE STATE CONGESTION MANAGEMENT PROGRAM PURSUANT TO GOVERNMENT CODE SECTION 65088.3 IN ORDER TO SECURE THE CITY'S ALLOCATION OF STATE GAS TAX FUNDS WHEREAS, the purpose of the Congestion Management Program ("CMP") is to monitor the performance of the region's transportation system, develop programs to address near -term and Tong -term congestion, and better integrate transportation and land use planning; and WHEREAS, based on the adopted CMP Update administered by SANDAG, the City of National City, in conjunction with other affected local jurisdictions, would be required to prepare and adopt Deficiency Plans for CMP routes that do not meet the State's CMP Level of Service E Standard. The Deficiency Plan will not be required if the San Diego region elects to opt out of the State CMP by September 11, 2009; and • WHEREAS, if the San Diego region chooses to opt out, SANDAG will continue to meet the Federal CMP provisions through existing SANDAG planning and performance monitoring activities, such as the Regional Transportation Plan and other multimodal performance monitoring efforts, and the San Diego region, including the City of National City, will secure its allocation of State Gas Tax funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to be exempt from the State Congestion Management Program pursuant to Government Code Section 65088.3, in order to secure the City's allocation of State Gas Tax funds. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney c.!e4iG 401 8 Street, Soto 800 San Diego, (A 92101- 4)31 (6619) 699-1900 tax (619) 699- l905 W WV sanda9 orq M( AARfR AGFNClf S Ca,es or Carl>6ad Chula b)Sta Caronado Del Afar FI Cajon Fnc,n,ra s L s(ond,do Imperial Reach La Mesa Lemon Grave Plaronal City oceans,de ro:vay. San D,equ San Marcos ian tee Solana R,arh !Yfa And County of San D,ego ADVISOR✓MiMRtRS Imper.ai County Cahlorn,a ikparUn2n1 of iron Spar tarot r,letr000htan rr3ns,t Sr stem ;;pith i-O�n%y rani( o'>tm t Unrea Star,'.. Dci:a,(me i n` D•` c,r,. i3.1 Li,?Czo F:yt ri:Nnr 1 s:r: „r: ry ivy ,1,1thortry Sou11 e,rl CpI,r-yn a Irnal May 11, 2009 3000402 Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-43301 Dear Mr. Lai a:Cl{ Y 1! SUBJECT: Resolution Electing to be Exempt from the Congestion Management Program SANDAG, as the Congestion Management Agency, is required by state law to prepare and regularly update a Congestion Management Program (CMP) for the San Diego region. The purposes of the CMP are to monitor the performance of the transportation system, develop programs to address near -term and long-term congestion, and Netter integrate transportation and land use planning. SANDAG staff evaluated options for future direction of the CMP and discussed these options with your staff representative at multiple Cities/County Transportation Advisory Committee and the Regional Planning Technical Working Group meetings. At its May 8, 2009, meeting, the SANDAG Board of Directors voted to direct staff to work with local jurisdictions that desire to elect to opt out of the state CMP. The staff report is attached. In order to opt out of the state CMP, a majority of the local jurisdictions representing a majority of the population in the county must adopt resolutions electing to be exempt from the state CMP. A resolution adopted by your City Council electing to be exempt from the congestion management program in accordance with Government Code Section 65088.3 is required for the San Diego region to opt out of the state CMP. A sample resolution w,vitfi language that was used in Santa Cruz County is enclosed for your reference. Each local jurisdiction will need to analyze the impacts of opting out on its specific programs and processes and determine what language is appropriate to include in its resolution. Please inform us if your local jurisdiction schedules an agenda item to discuss whether to opt out of the state CMP. If a majority of the local jurisdictions do not adopt resolutions in support of opting out of the state CMP process by September 11, 2009, SANDAG staff will begin data collection efforts for the 2010 CMP update and will provide a status report on required Deficiency Plans to the Transportation Committee in fall 2009 under the streamlined CMP approach. Sincerely, Al t I ecuU4b Direct GLG/IIWE/cda cc: Maryam 13ahaki di P BOARD OF DIRECTORS MAY 8, 2009 AGENDA ITEM NO. 09-05-3 ACTION REQUESTED — APPROVE FUTURE CONGESTION MANAGEMENT PROGRAM PROCESS Introduction SANDAG is required by state law to prepare and regularly update a Congestion Management Program (CMP) for the San Diego region. The purposes of the CMP are to monitor the performance of the transportation system, develop programs to address near -term and long- term congestion, and better integrate transportation and land use planning. SANDAG adopted the 2008 CMP Update in November 2008. Recommendation File Number 3000402 The Transportation Committee recommends that the Board of Directors direct staff to work with local jurisdictions to prepare resolutions electing to opt out of the state Congestion Management Program. SANDAG staff evaluated two strategies for future CMPs. One strategy is to streamline the state CMP process and the other is to opt out of the state CMP process. Under either option, SANDAG will continue to follow the federal congestion management process through ongoing planning activities. SANDAG staff presented these initial options to the Transportation Comrnittee at its meetings on September 19, 2008, and November 7, 2008. At the November 7, 2008, meeting, the Transportation Committee directed staff to discuss these options with the public works directors, planning directors, and traffic engineers of the County of San Diego, and the 18 cities who are represented at the Cities/County Transportation Advisory Committee (CTAC), the Regional Planning Technical Working Group (TWG), and the San Diego Traffic Engineers Council (SANTEC), respectively. SANDAG staff discussed these options with CTAC, TWG, and SANTEC at several meetings and most working group members were supportive of pursuing opting out of the state CMP process. Discussion 2008 CMP Update Highlights In order to meet state legislative requirements, the CMP provides: (1) ongoing monitoring of the region's transportation system; (2) a program to evaluate and mitigate the traffic impacts of new development projects; (3) a number of congestion management strategies to mitigate congestion; and (4) a mechanism to prepare deficiency plans for roadway segments that do not meet the CMP Level of Service standard (LOS E). The 2008 CMP Update was adopted in November 2008 and highlighted overall performance improvements for both CMP roadways and transit corridors and deficient CMP segments. Deficient CMP Segment Analysis and Deficiency Plans An analysis of CMP-identified roadway deficiencies (segments with LOS F) was conducted to assess the impacts of recommended improvements contained within the 2030 Regional Transportation Plan (RTP) on roadway congestion. Under state law, the local jurisdiction or jurisdictions in which the deficiency occurs are responsible for the preparation of Deficiency Plans. The initial Deficiency Plan requirements are met through the RTP deficiency analysis. For those remaining deficient roadway segments, SANDAG and Caltrans are available to assist local agencies in preparing individual Deficiency Plans. While a local jurisdiction may not currently have a CMP deficient roadway, any future deficiencies of such roadway will require preparation of a Deficiency Plan. Deficient roadway segments requiring Deficiency Plans identified in the 2008 CMP Update are listed in Attachment 1. Options for Future Direction of the CMP Staff evaluated two strategies for future CMP analysis to determine whether the state CMP process can be conducted in a more cost effective manner, and whether the efficiencies gained would outweigh the policy considerations. One strategy is to streamline the SANDAG CMP process and the other is to opt out of the state CMP process. A description of these strategies and some of the consequences of each are discussed below. Streamlined CMP Approach Staff evaluated incorporating the CMP requirements and monitoring into other SANDAG ongoing planning and monitoring activities, such as the Regional Comprehensive Plan (RCP) Annual Performance Monitoring Report and Intergovernmental Review Program. To continue to follow the state CMP requirements, the Office of General Counsel and staff believe it is not necessary to prepare a stand-alone CMP document in the future. In order to implement the streamlined approach for the CMP monitoring and reporting process, the RCP Annual Monitoring Report would continue to include CMP deficiency analysis information, but it would be expanded to include the other information that is required to be reported for the CMP such as level of service data, identification of deficient segments, and a status report on Deficiency Plans. The current public review process for the RCP Annual Performance Monitoring Report could serve as the public review process for the CMP as well. This streamlined approach for state mandated CMP monitoring would he fully incorporated into the 2010 RCP Performance Monitoring report. Benefits of the Streamlined CMP Approach • Simplifies the CMP reporting process by combining efforts into other planning or monitoring programs. • Ensures that monitoring of the region's transportation system is conducted on a regular basis (biennially). • Identifies Deficiency Plans that local jurisdictions must prepare for deficient segments. 2 Limitations of the Streamlined CMP Approach • Mandates use of one measure (peak hour LOS) to determine roadway deficiencies. • Requires that Deficiency Plans be prepared and adopted, but not implemented. • Local jurisdictions requiring Deficiency Plans must prepare and adopt the Plans within 12 months of the recently adopted CMP or be found noncompliant and potentially risk withholding of funds. If the region continues to follow the state CMP process, a status report on completed Deficiency Plans will be presented to Transportation Committee in fall 2009. Additionally, allocation of staff resources to conduct CMP deficiency analysis is included in the proposed FY 2010 Budget and Overall Work Program as part of the "Subregional Transportation and Land Use Planning" work element. CMP Opt Out Assembly Bill (AB) 2419, passed in 1996, allows congestion management agencies to "opt out" of the state CMP process. Section 65088.3 of the California Government Code states 'this chapter does not apply in a county in which a majority of local governments, collectively comprised of the city councils and the county board of supervisors, which in total also represent a majority of the population in the county, each adopt resolutions electing to be exempt from the congestion management program.' A number of counties throughout the state have opted out of the state CMP requirement, including all six counties in the Sacramento region, Fresno County, Santa Cruz County, and San Luis Obispo County. One major reason to consider opting out of the state CMP process is to relieve local jurisdictions of the requirement to prepare Deficiency Plans for deficient segments. Additionally, as the Congestion Management Agency (CMA), SANDAG is required to report a local jurisdiction's failure to prepare and adopt a sufficient Deficiency Plan within the time allowed by statute, and is obligated to request that the state withhold state gas tax funds from a local agency without an adopted Deficiency Plan. Under the "opt out" option, SANDAG would still comply with federal congestion management provisions. Federal guidelines are not as prescriptive as the state CMP requirements. Federal CMP provisions are more flexible and utilize the RIP as the primary tool to provide solutions for congestion. The RTP includes identification and evaluation of anticipated performance and expected benefits of appropriate congestion management strategies (demand management, operational improvements, transit improvements, Intelligent Transportation Systems (ITSI, etc.). If the region chooses to opt out, SANDAG will continue to meet the federal congestion management provisions through existing SANDAG planning and performance monitoring activities, such as the RTP and other multimodal performance monitoring efforts. Additionally, appropriate analysis of multimodal strategies and alternatives for corridors is required when an increase in single occupancy vehicle capacity is proposed. 3 The pros and cons of opting out of the state CMP requirement are outlined: Pros of Opting Out Duplication in reporting of transportation system performance monitoring and reporting would be eliminated (roadways and transit). Local jurisdictions would not be required to prepare and adopt Deficiency Plans or be subject to loss of gas taxes if found noncompliant with state CMP requirements. There is no loss of state gas tax funding once the region has opted out of the state CMP. Resources allocated to prepare, implement, and enforce the CMP could be used on other planning activities. Cons of Opting Out The process of "opting out" would require a one-time investment of staff time from SANDAG and local jurisdictions. • Local jurisdictions with CMP-designated arterials would no longer be required to collect specific LOS for these segments although some jurisdictions would continue to collect these data on a regular basis. Feedback Received on Future CMP Options SANDAG staff discussed these options with local jurisdictions, which have representation at CTAC, TWG, and SANTEC at several meetings of these working groups over the last few months. Working group members were asked to discuss these options with city managers/county administrators and other key management staff. The majority of representatives from the working groups expressed support for pursuing the option of opting out. In addition to meeting with working groups, SANDAG staff met with staffs from the City of San Diego, County of San Diego, and Caltrans to discuss future options for the CMP. Caltrans staff does not see any fundamental issues with the "opt out" option and existing Caltrans data collection methods would not be affected. Caltrans staff recommended that the thresholds for CEQA review for new development, specifically large projects, be maintained and incorporated into another SANDAG program or policy, such as the Intergovernmental Review Program or Fair Share Methodology Study. Additionally, the City of San Diego and County of San Diego staffs expressed their support for pursuing the "opt out" option. SANDAG Office of General Counsel Legal Analysis The SANDAG Office of General Counsel has confirmed that local agencies will not lose their gas tax allocations if the San Diego region opts out of the state CMP. The CMP process was established as part of the 1989 legislative package (known as the Transportation Blueprint) which, among other things, increased the fuel tax from nine cents to 18 cents, subject to voter approval (Proposition 111 in 1990). The process was intended to ensure that projects funded by new transportation revenues would reduce rather than exacerbate traffic congestion. the state CMP process requires local agencies to identify a specified transportation network and develop projects that are designed to reduce congestion. Failure to follow through on these plans was supposed to 4 subject a county to a potential Toss of the enhanced fuel tax funding attributable to Proposition 111. As of 1996, however, no local agency had ever actually had its funds withheld due to lack of compliance with the state CMP. In 1996, the California Legislature passed AB 2419 to allow urbanized areas the option to be exempt from preparation and implementation of the state CMP. According to the legislative history of AB 2419, the opt out provision was added because the state CMP requirements had in many instances become an expensive and redundant paper exercise, which had done little to reduce congestion and had never actually subjected a county to a fuel tax revenue penalty. Since persons opposed to AB 2419 claimed that in some counties the state CMP process was having positive effects, the bill was not written to completely remove the state CMP requirements. Instead it was written to give counties the option of exempting themselves on a self -determined basis. Next Steps If the Board of Directors approves the Transportation Committee recommendation to opt out of the state CMP process, staff will work with the local jurisdictions to process resolutions electing to be exempt from the CMP with the expectation that local jurisdictions should adopt such resolutions by September 2009. Each local jurisdiction will need to analyze the impacts of opting out on its specific programs and processes. If a majority of the local jurisdictions do not adopt resolutions in support of opting out of the state CMP process, staff will begin data collection efforts for the 2010 CMP update and will provide a status report on required Deficiency Plans to the Transportation Committee in fall 2009 under the streamlined CMP approach. GARY L. GALLEGOS Executive Director Attachment: 1. 2008 CMP Roadway Segments Requiring Deficiency Plans Key Staff Contact: Heather Werdick, (619) 699-6967, hwe@sandag.org Funds are budgeted in Work Element #3000402 5 Attachment 1 Nime 2008 CMP Roadway Segments Requiring Deficiency Plans CMP Route Limits Affected Local Jurisdiction Freeways Interstate 5 Interstate 8 Interstate 15 Interstate 805 State Route 52 State Route 94 State Route 163 SR 54 to Pacific f lighway Ramp Mission Bay Drive to Gilman Drive 1.5 to Fl Cajon Boulevard SR 125 to Johnson Avenue 1-8 to Balboa Avenue SR 163 to Miramar Road Telegraph Canyon Road to SR 54 1-5 to 1-805 1-5 to College Avenue Ash Street to Friars Road Cities of San Diego and National City City of San Diego Cities of San Diego and La Mesa Cities of La Mesa and El Cajon City of San Diego City of San Diego Cities of Chula Vista and National City, and San Diego County City of San Diego City of San Diego City of San Diego Conventional Highways State Route 6/ State Route 75 State Route /6 State Route 94 Mapleview Street to SR 78 Toll Plaza to 1-5 North Melrose Avenue to South Mission Avenue lamacha Boulevard to Jarnacha Road San Diego County and City of Poway City of Coronado City of Oceanside and San Diego County San Diego County Arterials Miramar Road North Harbor Drive Black Mountain Road to 1-15 Laurel Street to Hawthorne Street City of San Diego City of San Diego 6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City of National City Council approving a Partnership with Kimball School, a part of the National School District, on a grant sponsored by Sun Chips and the National Geographic Society to provide environmental education to students. PREPARED BY Barby Tipton EXPLANATION See attached explanation DEPARTMENT Engineering EXT. 4583 Environmental Review X N/A MIS Approval Financial Statement There is no cost to the City. Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution school A-200 (Rev. 7/03) EXPLANATION: Kimball School, a part of the National School District, proposes to apply for a grant sponsored by Sun Chips and the National Geographic Society. The school plans to enhance the use of the salt marsh by establishing a science classroom that will focus on developing an understanding and stewardship of Paradise Creek, the salt marsh creek that runs adjacent to the school. This science lab classroom would be established in partnership with the National School District, Paradise Creek Educational Park, Inc. (PCEPI) and the City of National City. Students from the ten schools within the district would be transported by school district transportation to Kimball School to participate in grade -level, California standards -based field studies at Paradise Creek. These activities and lab materials would be organized and compiled by National School District teachers and members of PCEPI. Grant funding would pay for the equipment, teacher training, and salary of a district -selected teacher to provide instruction and support to visiting students. Kimball School requested that the City of National City be listed as a partner in this grant application. The grant application would show that the City would support us by providing the Storm Water Coloring/Activity book that was prepared a few years ago but was put on hold due to budgeting. There is no cost to the City for partnering with the National School District. The appropriate creek -related artwork for the activity book would be provided by a local artist and funded by the grant. The production of the activity book would also be covered by grant funds. Once produced, the activity book would be included as a part of the materials used at the science lab classroom and National City's community outreach within the Storm Water Division. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVES A PARTNERSHIP WITH KIMBALL SCHOOL ON THEIR APPLICATION FOR A GRANT SPONSORED BY SUN CHIPS AND THE NATIONAL GEOGRAPHIC SOCIETY FOR FUNDS TO ESTABLISH A SCIENCE LAB CLASSROOM AT PARADISE CREEK WHEREAS, Kimball School, as part of the National School District, proposes to apply for a grant sponsored by Sun Chips and the National Geographic Society for funds to enhance the use of the salt march by establishing a science lab classroom that will focus on developing an understanding and stewardship of Paradise Creek in partnership with the National School District, Paradise Creek Educations Park, Inc., (PCEPI), and the City of National City; and WHEREAS, listing the City as a partner on the grant application would indicate the City's support for the project. NOW, THEREFORE, BE 11- RESOLVED that the City Council of the City of National City hereby approves a partnership with Kimball School for the application of a grant sponsored by Sun Chips and the National Geographic Society for fund to establish a science lab classroom at Paradise Creek. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 02, 2009 AGENDA ITEM NO. 10 (--- ITEM TITLE Resolution of the City Council of the City of National City authorizing Mayor to execute a Letter of Intent and Memorandum of Understanding with Honeywell Building Solutions to perform an investment grade audit of City -owned facilities working towards finalizing a contract for a self -funded comprehensive City energy retrofit program. The program's cost is $2,100,000 and will be funded for a term of 15 years by $53,000 in utility incentives and $148,265 of annual energy savings. PREPARED BY Joe Smith, Director � DEPARTMENT Public Works (Ext. 4587) � ..U. EXPLANATION At a regular Council meeting on April 21, 2009, Council was given a presentation by Honeywell Building Solutions regarding a budget neutral solution for energy conservation and comprehensive facilities improvement. This presentation outlined how the City could retrofit aging infrastructure, lower operating costs, improve energy efficiency, and fund the retrofit program with the energy cost savings. Council then directed staff to move forward with a Letter of Intent and Memorandum of Understanding to complete an Investment Grade Audit. The attached Letter of Intent and Memorandum of Understanding outlines the scope of Honeywell's Investment Grade Audit and comprehensive energy retrofit program. Environmental Review J N/A Financial Statement Approved By: Financ irector Potential reimburse of Honeywell real costs to perform the audit of $42,000 should National City terminate the letter of intent without cause. Account No. STAFF RECOMMENDATION Adopt Resolution and execute Letter of Intent and Memorandum of Understanding BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Letter of Intent Regarding Honeywell Comprehensive Energy Retro Program. Memorandum of Understanding and Scope of Energy Retrofit Program. A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF INTENT AND MEMORANDUM OF UNDERSTANDING WITH HONEYWELL BUILDING SOLUTIONS TO PERFORM AN INVESTMENT GRADE AUDIT OF CITY -OWNED FACILITIES WORKING TOWARDS FINALIZING A CONTRACT FOR A SELF -FUNDED COMPREHENSIVE CITY ENERGY RETROFIT PROGRAM WHEREAS, at the April 21, 2009 City Council meeting, Honeywell Building Solutions ("Honeywell ") gave a presentation regarding a budget neutral solution for energy conservation and comprehensive facilities improvements; and WHEREAS, the City Council directed staff to proceed with a Letter of Intent and Memorandum of Understanding with Honeywell to perform an Investment Grade Audit of City - owned facilities working towards finalizing a contract for a self -funded Comprehensive City Energy Retrofit Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Letter of Intent and a Memorandum of Understanding with Honeywell Building Solutions to perform an Investment Grade Audit of City - owned facilities working towards finalizing a contract for a self -funded Comprehensive City Energy Retrofit Program. Said Memorandum of Understanding and a copy of the Letter of Intent are on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. DaIIa, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Mayor Ron Morrison Councilmembers Alejandra Sotelo-Solis Frank Parra Jess Van Deventer Rosalie Zarate City Manager Chris Zapata May 19, 2009 To: Department of Public Works Honeywell Building Solutions 3949 Ruffin Road, Suite D San Diego, CA 92123 Attention: Nathalie Osborn Subject: Letter of Intent Regarding Honeywell Comprehensive Energy Retrofit Program Dear Ms. Osborn: Director Joe H.A. Smith Street Maintenance & Wastewater Superintendent Jeff Servatius Park Superintendent Miguel Diaz Facilities Maintenance Supervisor Rick Hernandez Equipment Maintenance Supervisor David Pease Please accept this Letter of Intent that the City of National City, CA intends to proceed with Honeywell Building Solutions (Honeywell) toward finalizing a contract for the energy retrofit program currently under discussion and outlined in the presentation made to the City Council (Council) on April 21, 2009. Under the proposed energy retrofit program facility upgrades may include, but not necessarily be limited to energy -efficient lighting, boiler and chiller installations, cooling tower, VAV and other HVAC retrofits, solar thermal installation, building automation system and a street lighting retrofit. Details of these retrofits and improvements will be generated through Honeywell's Investment Grade Audit Phase and specified in contract documents to be submitted at a later date. This Letter of Intent shall be effective for a period of ninety (90) days from the date of signature or until superseded by an executed contract between the parties, or until canceled by either party's providing written notice to the other at least five (5) business days in advance of the intended cancellation date, whichever shall first occur. During the time this Letter of Intent remains in effect, National City shall not negotiate with any party other than Honeywell concerning this energy retrofit program. National City anticipates a total installed cost for the energy retrofit program to be approximately $2,100,000, with approximately $53,000 in utility incentives from San Diego Gas & Electric. The project is projected to generate approximately $148,265 in annual energy savings based on energy cost data supplied to Honeywell by National City. An additional $38,625 has been identified annually and agreed to by the city as legitimate operations/maintenance and avoided cost savings. National City intends to finance these improvements through a tax-free 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336.4239 municipal leasing instrument which will be secured with Honeywell's assistance. It is understood that Honeywell may, at its discretion and option, undertake certain preparatory activities including, but not limited to an Investment Grade Audit (IGA) of our existing lighting, HVAC and other systems within our facilities. It is further understood and agreed that Honeywell's IGA may result in changes in project scope, cost and savings. National City commits to entering into agreement with Honeywell to perform the retrofit improvements if the IGA and corresponding final contract documents provide for a self -funded solution not to exceed 15 years, including interest expense. In the event Honeywell adheres to the aforementioned criteria and National City does not enter into agreement with Honeywell within a reasonable timeframe, or if National City terminates this Letter of Intent, National City shall reimburse Honeywell for all real costs incurred by Honeywell in undertaking said activities, not to exceed $42,000. In the event Honeywell cannot deliver an energy retrofit program to National City with a self - funded solution not to exceed 15 years, National City is not obligated to contract with Honeywell for the retrofit program and is not required to reimburse Honeywell's development costs. National City understands that Honeywell has performed preliminary energy and infrastructure audits on -site and some modeling in development of the project scope, costs and savings. However, due to nature of these systems and additional surveys and modeling that is required to finalize specific program details, it is understood that the proposed pricing and savings presented to date are budgetary, and can not be submitted as an offer to contract at this time. National City accepts the price and savings as reliable for any economic decisions required to assess the viability of proceeding with Honeywell in the development of this energy retrofit and infrastructure improvement program. It is understood and agreed between Honeywell and the City of National City that there is no obligation on either party to reach agreement on a contract. It is further understood that except as specifically set forth in this Letter of Intent, no agreement or obligation, express or implied, is created or intended between Honeywell and the City of National City, CA. Sincerely, Mayor Ron Morrison Mayor City of National City, CA 1243 National City Boulevard: National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336.4239 Mayor Ron Morrison Councilmembers Alejandra Sotelo-Solis Frank Parra Jess Van Deventer Rosalie Zarate ;L>1ORN'i.,; 3NO,OR3'Ofi TEI? Department of Public Works Director Joe H.A. Smith Street Maintenance & Wastewater Superintendent Jeff Servatius Park Superintendent Miguel Diaz City Manager Facilities Maintenance Chris Zapata Supervisor Rick Hernandez May 19, 2009 To: Honeywell Building Solutions 3949 Ruffin Road, Suite D San Diego, CA 92123 Attention: Nathalie Osborn Equipment Maintenance Supervisor David Pease Subject: Memorandum of Understanding Regarding Grant Dependent Scope of Honeywell Comprehensive Energy Retrofit Program Dear Ms. Osborn: This Memorandum of Understanding ("MOW) is between the City of National City, CA (National City) located at 1243 National City Blvd, National City, CA 91950 and Honeywell Building Solutions, a Division of Honeywell International Inc. (Honeywell) having an office at 3949 Ruffin, Rd. Ste. D, San Diego CA 92123. National City, CA and Honeywell intend to work collaboratively toward upgrades to the city's existing irrigation system and the installation of a new municipal wi-fi system with funding coming from available grants that may include but are not limited to the American Recovery and Re -Investment Act (ARRA) Energy Block Conservation Grant, the ARRA Broadband Deployment Grant and Metropolitan Water District (MWD) grant programs. Specific grant amounts are subject to grant application and approval. National City is eligible to receive $561,700 in ARRA Energy Conservation Block Conservation Grant (EECBG) funding and has in good faith elected to allocate secured funding to the energy retrofit program currently under development under a separate Letter of Intent (LOI). ARRA Broadband Deployment Grant, administered by the National Telecommunications and Information Administration (NTIA) and MWD grant programs could potentially fund 100% of the desired enhanced scope. Honeywell and National City agree to work in good faith to pursue and secure EECBG, NTIA and MWD grants for the energy retrofit program and desired enhanced scope. 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336.4239 This MOU shall be effective for a period of one hundred twenty (120) days from the date of signature or until superseded by an executed contract between the parties, or until canceled by either party's providing written notice to the other at least five (5) business days in advance of the intended cancellation date, whichever shall first occur. Parties may extend the term in writing by mutual agreement. During the time this MOU remains in effect, National City shall not negotiate with any party other than Honeywell concerning the irrigation and municipal wi-fi system projects. Pending secured grants, National City may decide to finance these improvements through conduit financing or other financial instrument which may be secured with Honeywell's assistance. It is understood that Honeywell may, at its discretion and option, undertake certain preparatory activities including, but not limited to an Investment Grade Audit (IGA) for the expanded scope. In the event Honeywell and National City cannot secure the necessary grant funding for the enhanced scope, National City is not obligated to contract with Honeywell for the enhanced program scope. In the event the grant funding is secured, National City and Honeywell both agree to negotiate in good faith toward a mutually acceptable agreement for installation of the described systems. This MOU does not constitute an offer to contract at this time. It is understood and agreed between Honeywell and the City of National City that there is no obligation on either party to reach agreement on a contract. It is further understood that except as specifically set forth in this MOU, no agreement or obligation, express or implied, is created or intended between Honeywell and the City of National City, CA. HO By: Name: %I€ a..t4'c °Sall CITY OF NATIONAL CITY, CA By: Name: Mayor Ron Morrison Title: h C wk/1 i- Pxeeu f Title: Mayor City of National City, CA Date: I f 024-D Date: 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4236 Fax: (619) 336.4239 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 06-02-09 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to agreement with Vision Internet Providers, Inc. for the website redesign project in the amount of $350. (Funded by Tax Increment) PREPARED BY DEPARTMENT Ron Williams (x 4373) MIS EXPLANATION The City has a current agreement with Vision Internet Providers, Inc. for services related to the website redesign. On April 15, 2008, the City Council adopted Resolution No. 2008-62 to enter into an agreement in the not - to -exceed amount of $100,000 with Vision Internet Providers, Inc., for the redesign of the City of National City website. An amendment to agreement in the amount of $12,000 was entered into on November 24, 2008, to provide intranet design. This amendment to agreement in the amount of $350 is to provide a staff directory in the intranet design. The new total for this agreement will be $66,355 with the addition of this amendment. Environmental Review N/A Financial Statement -7(' Approved By: finance Director Total cost of the amendment is $350. It will be paid from 511-409-500-598-3752. Account No. 511-409-500-598-3752 STAFF RECOMMENDATION Approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Amendment to agreement. A-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 AGREEMENT IN THE AMOUNT OF $350 WITH VISION INTERNET PROVIDERS, INC., FOR THE WEBSITE REDESIGN PROJECT WHEREAS, on April 15, 2008, the City Council adopted Resolution No. 2008-62, entering into an agreement with Vision Internet Providers, Inc., in the not -to -exceed amount of $100,000 to provide website design services; and WHEREAS, on July 2, 2008, the City executed a First Amendment to Agreement in the amount of $8,095 to provide e-notification, a form/survey tool, and a custom form to allow residents to submit service requests to staff on the City's website; and WHEREAS, on November 24, 2008, the City executed a Second Amendment to Agreement in the amount of $12,000 to provide Intranet on the website; and WHEREAS, the Third Amendment to Agreement in the amount of $350 is to provide a Staff Directory to the City's Intranet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to Agreement with Vision Internet Providers, Inc., in the amount of $350 to provide a Staff Directory to the City's Intranet. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND VISION INTERNET PROVIDERS, INC. This Third Amendment to the Agreement by and between the City of National City and Vision Internet Providers, Inc. is entered into this'Z3 th day of April, 2009, by and between the City of National City and Vision Internet Providers, Inc. [Third Amendment]. RECITALS WHEREAS, the City of National City [City] and Vision Internet Providers, Inc. [Vision] previously entered into the agreement entitled Agreement by and between the City of National City and Vision Internet Providers, Inc. [Agreement], dated April 15, 2008, for Vision to provide website design services to the City; WHEREAS, that Agreement provides that the City of National City may increase the Scope of Services to be performed by Vision; WHEREAS, the City now seeks to increase the Scope of Work and Vision seeks to perform this increased work; and, WHEREAS, the City and Vision have negotiated and agreed upon the additional compensation associated with this increased work. AGREEMENT NOW, THEREFORE, the City and Vision agree as follows: 1. This Third Amendment specifies additional work to be performed by Vision for City, detailed in Enhancements #3, attached hereto as Exhibit B and incorporated herein by this reference. 2. Price: Vision agrees to perform the additional work for the prices stated in Enhancements #3, Exhibit B. A. City agrees to pay Vision in full upon completion of the additional work specified in this Amendment. 3. All terms and conditions of the Agreement shall remain in full force and effect. -1- City's Initia Vision's Initials V IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. CITY OF NATIONAL CITY By: VISION INTERNET PROVIDERS, INC. By: Brad ven apin Executive 1 t' or President Community Development Commission Approved as to form: George H. Eiser, III City Attorney CITY OF NATIONAL CITY By: Ron Morrison, Mayor -2- By: Name: Title: /to Oi ✓i: City's Initials Vision's Initials EXHIBIT B ENHANCEMENTS #3 This document, Enhancements #3, Exhibit B represents and describes customizations to the Intranet's Staff Directory for the City of National City. Please review this and Third Amendment above. If our services meet your expectations, please sign Third Amendment and initial each page of this document. Intranet Staff Directory Customization The City of National City's Intranet replicates the main website including all components such as the Staff Directory. Vision Internet will customize the Intranet Staff Directory and add one more field for "cell phone number." Pricing for Customizations The customizations mentioned herein will be governed by the same terms and conditions in the Agreement by and Between the City of National City and Vision Internet Providers, Inc. dated April 15, 2008 ("Agreement"). All terms in the Agreement will remain in full force and effect. -3- City's Initial Vision's Initials City of National City, California COUNCIL AGENDA STATEMENT *``" MEETING DATE June 2, 2009 AGENDA ITEM NO. 12 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Golden Coast Marketing Consultants for their informative forum regarding loan fraud on Saturday June 20, 2009 with no waiver of fees. PREPARED BY Brenda Hodges Phone: (619) 336-4413 EXPLANATION DEPARTMENT Community Services The Golden Coast Marketing Consultants are requesting use of the Martin Luther King, Jr. Community Center for their informative forum regarding loan fraud on Saturday June 20, 2009 from 11:00am to 5:00pm. Approximately 350 guests will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 703.56 Custodial: $ 176.00 Total $ 929.56 Cleaning Deposit: $ 100.00 Environmental Review 4 N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $929.56 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 J A-200 (9/99) City of National City Facility Use Application 140 E. 12th Street, Ste. B 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 North Room South Room Entire Facility Granger Music Hall Date(s) of Use: J (XV( &O 1 a'QQ q Day(s) of Use: Time of Use: From: J I : 00 A�M}PM To: 5 PO A INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: aa yo( Isthe event open to the public? 1 e 5 . U Name & Address of Organization/Group: e ;� Golderi CO2S� NArxr ICQ;�Iwl (QI�SU I IQ�I Non- profit organization: Yes Anticipated Maximum Attendance: Will Admission be charged? Equipment Requested: y 50 # of chairs ye cy mflvl'crophon Use of Kitchen: Yes Is the Use of Alcohol Requested? Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Name: ame: Phone: Phone: 350 Tax ID# Percentage of National City Residents 3 5 °JQ Amount $ Will this be a Fund Raising Event? r VO # of banquet tables Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Yes )1 No No `c)1197 How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk 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 Conununity Services Department. The applicant further agrees that in considerations 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 organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application 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 PROVISION. DATE COMPLETED: 05 / J q j09 PRINT NAME: C°3 &Or\TL SIGNATURE: ADDRESS OF APPLICANT: CITY, STATE, AND ZIP CODE: PHONE: DAY FAX NUMBER: CONTACT PERSON ON TILE DAY OF TIIE EVENT: HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. PHONE: few w 2 Zi' CELL: ( ) _......._ Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Retumed: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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: Gcx (oo1 MO v ktr y + J Person in charge of activity: Cv 1n 5 60 r\7 le-7 . Address: Telephone: E-Mail: City Facilities and/ or property requested: ic)(\k, 3 aO, (2009 Date(s) of use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applicant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: N /I\ wllt),, riu��n5f�,��, VA4 w� w� WY)Ivit, any s1'� �,, �� (ioCii'co3 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: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: K) P\ 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: MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 2, 2009 AGENDA ITEM NO. 13 ITEM TITLE Department of Finance, Office of State Audits and Evaluations Final Audit Report of the City of National City Library Construction Grant Agreement 1028 for the period January 18, 2002 through December 31, 2008 PREPARED BY Jeanette Ladrido, CPA Finance Director EXPLANATION DEPARTMENT Finance x 4331 The National City Public Library received a grant for Proposition 14 for over $11 million. This grant covered the period from January 2002 through December 2008 and was for the construction of the new library which opened in August 2005. The grant required the City of National City to have matching funds equal to 35% of the expenditures. This amounted to approximately $6 million. The California Department of Finance conducted an audit of the Grant to determine the City's fiscal compliance with the grant agreement. They also reviewed whether the City was in compliance with the applicable laws and regulations. The results of the audit determined that the statement of Revenue and Expenditures were in agreement with generally accepted accounting principles and also that there were no instances of noncompliance. In the City's audit report for the year ended June 30, 2008, the Library Construction Capital Outlay fund showed an outstanding balance of $992,217. This amount was the amount held back by the State pending the issuance of this audit report. .) Environmental Review X NIA Financial Statement N/A Approved By: al":":-(_ a_...--- J ette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and File BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. City of National City Library Construction Grant Audit A-200 (9/80) ENT Q,� A a 'I^ Z llll o n, * DEPARTMENT OF ARNOLD SCHWARZENEGGER, GOVERNOR 9 I S L STREET ■ SACRAMENTa CA • 9581 4-3706 • WWW.DOF.CA.GOV April 22, 2009 Ms. Stacey Aldrich, Acting State Librarian California State Library 900 N Street, Suite 300 Sacramento, CA 95814 Dear Ms. Aldrich: Final Report —City of National City Library Construction Grant Audit The Department of Finance, Office of State Audits and Evaluations (Finance), has completed its audit of the City of National City's (City) Library Construction grant agreement 1028 for period January 18, 2002 through December 31, 2008. The enclosed report is for your information and use. Because there were no audit findings or issues requiring a response, we are issuing the report as final. In accordance with Finance's policy of increased transparency, the final report will be placed on our website. We appreciate the assistance and cooperation of the City. If you have any questions regarding this report, please contact Kimberly Tarvin, Manager, or Zachary Stacy, Supervisor, at (916) 322-2985. Sincerely, , -David Botelho, Chief Office of State Audits and Evaluations Enclosure cc: Mr. Curtis Purnell, Bond Act Fiscal Officer, Office of Library Construction, California State Library Mr. Chris Zapata, City Manager, City of National City Ms. Jeanette Ladrido, Finance Director, City of National City Ms. Maryam Babaki, Director of Engineering, City of National City Mr. Din Daneshfar, Principal Engineer, City of National City Ms. Minh Duong, City Librarian, City of National City Ms. Tess Limfueco, Financial Services Officer, City of National City 1 rl% A GRANT AUDIT City of National City National City Public Library Proposition 14 Bond Program Grant Agreement 1028 For the Period January 18, 2002 to December 31, 2008 Prepared BY Office of State audits and Evaluations Department of Finance March 2009 096120036DDR MEMBERS OF THE AUDIT TEAM Kimberly Tarvin, CPA Manager Zachary Stacy Supervisor Staff Patty Roth Final reports are available on our website at http://www.dof.ca.gov You can contact our office at: Department of Finance Office of State Audits and Evaluations 300 Capitol Mall, Suite 801 Sacramento, CA 95814 (916) 322-2985 ii 3 TABLE OF CONTENTS Independent Auditor's Report 1 Statement of Revenue and Expenditures 3 Notes to the Statement of Revenue and Expenditures 4 4 ANT O. w IIII o DEPARTMENT OF C4llroaN`P F- 1 N A N CE ARNOLD SCHWARZENEGGER, GOVERNOR 9 1 5 L ST1$EET • SACRAMENTO CA • 95B 1 n-37O6 • WWW.DO,.CA.L3OV I NDEPENDENT AUDITOR'S REPORT Ms. Stacey Aldrich, Acting State Librarian California State Library 900 N Street, Suite 300 Sacramento, CA 95814 We have audited the accompanying City of National City's (City) Statement of Revenue and Expenditures (Statement) for grant agreement 1028 for the period January 18, 2002 to December 31, 2008, as executed between the City and the California State Library. This Statement was prepared from the City's records and is the responsibility of its management. Our responsibility is to express an opinion on the Statement based on our audit. We conducted our audit in accordance with Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to provide reasonable assurance as to whether the Statement is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the Statement. An audit also includes assessing the accounting principles used and significant estimates made by management. We believe that our audit provides a reasonable basis for our opinion. The accompanying Statement was prepared, as described in Note 4, for the purpose of determining the City's fiscal compliance with the aforementioned agreement. The Statement is not intended to be a presentation of the City's total revenue and expenditures. In our opinion, the Statement of Revenue and Expenditures presents fairly, in all material respects, the claimed and audited revenue and expenditures for the agreement number and period specified in paragraph one, in conformity with accounting principles generally accepted in the United States of America. Compliance As part of obtaining reasonable assurance about whether the Statement is free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of Statement amounts. 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 that are required to be reported under Government Auditing Standards. 1 5 Internal Control over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the Statement, but not for the purpose of expressing our opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. 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 City'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 City's Statement that is more than inconsequential will not be prevented or detected by the City's 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 Statement will not be prevented or detected by the City's internal control. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. This report is intended solely for the information and use of California State Library and City management, and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. c P4 r David Botelho, CPA Chief, Office of State Audits and Evaluations March 22, 2009 2 6 STATEMENT OF REVENUE AND EXPENDITURES City of National City National City Public Library Grant Agreement 1028 For the Period January 18, 2002 to December 31, 2008 Revenue: Proposition 14 Funds(') (State Share) Claimed Audited Questioned $ 11,112,814 $ 11,112,814 $ 0 Expenditures: New Construction $6,797,659 $6,797,659 0 Appraised Value of Land 700,798 700,798 0 Site Development 1,197,456 1,197,456 0 Site Demolition 81,731 81,731 0 Site Permits and Fees 48,394 48,394 0 Furnishings and Equipment Costs 963,713 963,713 0 Signage 23,728 23,728 0 Architectural and Engineering Fees 884,663 884,663 0 Construction Cost Estimator Fees 31,154 31,154 0 Interior Designer Fees 49,970 49,970 0 Geotechnical/Geohazard Reports 6,566 6,566 0 Energy Audit, Structural Engineering, Feasibility and ADA Studies Library Consultant Fees Construction/Project Management Total Expenditures 38,834 38,834 31,175 31,175 256,973 256,973 $11,112,814 $11,112,814 0 0 0 0 Excess of Revenue over Expenditures (1) Amount includes final payments of $1,124,309 due from the California State Library. The accompanying notes are an integral part of this statement. 3 7 NOTES TO THE STATEMENT OF REVENUE AND EXPENDITURES City of National City National City Public Library Grant Agreement 1028 For the Period January 18, 2002 to December 31, 2008 NOTE 1 Description of the Reporting Entity The City of National City (City) is located in San Diego County. The City was incorporated as a general law city on September 17, 1887 and operates under the council-manager form of government with an elected five member City Council, City Treasurer, and City Clerk. The City Council appoints a City Manager who oversees City operations. The City Manager also oversees various boards and commissions, including the Library Board of Trustees, and is responsible for this library construction project. NOTE 2 Program Information In March 2000, California voters approved the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act (Proposition 14), which authorized the State of California to sell $350 million in general obligation bonds to support public library construction and renovation. The California State Library, Office of Library Construction (OLC), administered this program during the application review and approval phases, and awarded 45 projects totaling $334 million. In 2006 the OLC was reorganized as the Bond Administration Office (BAO), which now administers the program. The BAO authorizes the disbursement of bond proceeds to local agencies via grants and these agencies expend the funds on approved projects. Program requirements are codified in Title 5 and Title 24 of the California Code of Regulations. NOTE 3 Description of Grant Award 1028 The OLC awarded the City a Proposition 14 grant in the amount of $11,112,814. The amount was 65 percent of the budgeted $17,096,637 to fund the construction of the National City Public Library. The project replaced the former National City Public Library, which was approximately 22,000 square feet and built in 1954, with a new 49,000 square foot facility. The grant agreement includes expenditures from January 18, 2002 to December 31, 2008. The project has been completed and the Library was opened to the public in August 2005. 4 Nomor vuo 8 NOTE 4 Summary of Significant Accounting Policies A. Basis of Presentation The Statement was prepared from the City's accounts and financial transactions. The Statement summarizes the state -funded portion of the City's recorded project revenue and expenditures for the audit period January 18, 2002 to December 31, 2008. The Statement summarizes the City's transactions pertaining to grant agreement 1028 only, and is not intended to represent all of its financial activities. B. Basis of Accounting The City's accounts are maintained on a modified accrual basis. Revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures in the current period. Expenditures are recorded in the accounting period in which the related fund liability is incurred. NOTE 5 Matching Fund Requirements Grant agreement 1028 requires the City to provide matching funds equal to 35 percent of eligible project expenditures. The City met the required match of approximately $6 million. 5 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 14 ITEM TITLE City of National City Sales Tax Update —Fourth Quarter 2009 PREPARED BY Jeanette Ladrido, CPA DEPARTMENT Finance x4331 Finance Director EXPLANATION The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Attached is the National City Sales Tax Update for the fourth quarter of 2009. This newsletter is also available on the City's website. Environmental Review N/A Financial Statement N/A Approved By: J nette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Fourth Quarter 2009 • A-200 (9/80) Q4 National City In Brief The allocation of sales and use tax revenues from National City's Oc- tober through December sales was 16.6% lower than the same quarter one year ago. evere declines in sales of au- tosbuilding materials and several classifications of general consum- er goods were primarily responsible the decrease. A drop from last , ..ar's record fuel prices and in re- ceipts from the county -wide use tax" allocation pool were also fac- tors. he losses were partially offset by previous additions to the discount department store, family apparel and heavy industrial categories. A one-time back payment in auto leas- ing also helped rational City's Proposition ' D" tax generated an additional $2340,000. The smaller decline of 4.4% from last year's comparable quarter was due to new "walk-in" retail which in- creased the ratio of transactions that are subject to the tax. :` `.djusted for aberrations, sales and use tax revenues for all of San Di- ego declined 11.6% from last year's holiday quarter while Southern Cali- fornia as a whole was down 14.2%. CALIFORNIA I ZONAL CITY National City Sales Tax Update 1'`trst Quarter Receipts for Fourth Onarter Sales (Oct -Dec 2008) SALES TAX BY MAJOR BUSINESS GROUP $1,400 ,000 $1,200 ,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 so General Consumer Goods Autos and Transportation Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Ball Honda Acura Mitsubishi & Suzuki Bp West Coast Products Circuit City Daimler Chrysler Finance Dixieline Lumber Frank Motors Hanson Aggregates Pacific Southwest Harrison Buick Highland Arco JC Penney Macys McCune Motors Mervyns Mossy Nissan One Source Distributors Perry Ford Ron Baker Chevrolet lsuzu Ross South Bay Volkswagen Suzuki Target Toys R Us Univar Wal Mart Wescott Mazda Kia Westair Gases & Equipment r r Building and Construction Fuel and Service Stations ■ 4th Quarter 2007 ■ 4th Quarter 2008 Business Food and and Industry Drugs REVENUE COMPARISON Three Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool 2007-08 2008-09 $10,760,733 $9,304,606 1,242,576 1,048,629 4,997 3,931 Gross Receipts $12,008,306 $10,357,166 Less Triple Flip` $(3,002,077) $(2,589,291) Gross Trans. Tax $6,629,935 $6,655,596 *Reimbursed from county compensation fund Published by The HdL Companies in Spring 2009 www.hdlcompanies.com 1 888.861.0220 COMP IES Q4 2008 National City Sales Tax Update Statewide Sales Sink! Adjusted for accounting aberrations, point of sale receipts from October through December sales were 13.1% lower than the same quarter of 2007. The revenues generated in this holiday quarter were the lowest since 2003. The declines occurred in all categories of sales except fast food restaurants and grocery stores and were experi- enced in all counties and regions. Of particular significance were the 23% decline in receipts from petroleum re- lated businesses which resulted from declining prices and consumption, a 37% drop in revenues from new car sales, and a 14.6% decrease in sales tax allocations from building and con- struction materials. Tax revenues from general consumer goods were down 10.4% from the 2007 holiday quarter while business to business sales were 9.0% lower. This was the sixth consecutive quar- ter of lower statewide allocations. Trade association surveys indicate that January through March sales will be equally dismal. The latest HdJ., con- sensus forecast estimates that fiscal 2008/2009 sales and use tax revenues will be 8.8% below the prior year. Most economists believe that the re- cession will not bottom out until late 2009 and significant recovery will not occur before 2011/2012. New Sales Tax Rate Article 13A of the state constitution authorizes the state legislature to in- crease taxes other than property by a two thirds vote. This allowed the 2008/2009 state budget compromise which temporarily increases the state portion of the sales and use tax rate by 1.0% from April 1, 2009 to July 1, 2011. The increase will be extended for one additional year if voters ap- prove Proposition 1A, the state spend- ing cap measure on the May ballot. This brings California's top combined sales, transactions and use tax rate to 10.25%, except in l.os Angeles Coun- ty, where on July 1, 2009 the maximum possible rate becomes 10.75% as an additional one-half cent tax passed by that county's voters in November takes effect. Only two agencies in California will reach the highest rate. Economists disagree on how consum- ers will react to a double digit sales tax. The actual impact may be difficult to distinguish from sales lost due to cur- rent economic conditions and record low consumer confidence. In preparing their revenue projections, the State Department of Finance as- sumed that the additional one cent tax would result in a one percent loss in future purchases. Stimulus Package Benefits The American Recovery and Reinvest- ment Act of 2009 will send an estimat- ed $31 billion to the state. Roughly one third will be used to backfill state bud- get cutbacks in education and other programs, another third for new state spending and the final third for grants made on a competitive basis. Near - term benefits most likely to boost retail spending include "Making \''brk Pay" tax credits to boost payroll checks, ex- tending and increasing unemployment insurance payouts, and allowing buyers of new vehicles purchased between February 17th and December 31st to deduct state sales tax from their fed- eral income tax. Analysts warn that for the short term, these benefits will do little more than slow the economy's descent. Nagiv SALES PER CAPITA $8,000 -- $6,000 $4,000 $2,000 - SO Q4 05 National City Q4 06 C� 04 07 Q4 08 Califomia NATIONAL CITY ToP 15 BUSINESS TYPES Business Type New Motor Vehicle Dealers Discount Dept Stores Department Stores Restaurants No Alcohol Service Stations Family Apparel Specialty Stores Lumber/Building Materials Electronics/Appliance Stores Women's Apparel Auto Lease Shoe Stores Contractors Heavy Industrial Automotive Supply Stores Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State Q4 'or Change Change Change $653.3 -41.4% -35.6% -36.4% 255.2 16.0% -3.9% -3.3% 247.1 -2.3% -9.6% -7.6% 217.3 5.3% 2.3% 1.3% 174.3 -16.5% -21.2% -23.2% 168.6 1.9% -2.1% -3.6% 128.1 -3.6% -6.1% -7.2% 109.8 -32.9% -11.7% -12.4% 88.2 -21.8% -12.1% -13.0% 83.2 -4.9% -14.3% -10.6% 64.6 29.0% 11.0% 10.8% 59.2 8.9% 11.5% 2.7% 56.7 8.1 % -16.0% -15.4% 55.5 68.3% -4.6% -1.0% 41.0 -6.1% -2.6% -3.6% $2,950.0 •15.6'/0 -8.7% -10.3% 315.7 -25.4% $3,265.7. •16.6% 'In thousands City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 15 AGENDA ITEM NO. ITEM TITLE 'Tarrant ' egis er or e peno• o Amount of $2,651,706.63 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette La 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 04/29/09 through 05/05/09. m The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor City of National City National School District SD County Auditor L.B. Civil Construction SD Habitat for Humanity Check# 226736 226773 226784 226826 226831 Amount 83,771.08 64,268.46 89,571.53 56,273.04 191,447.00 Explanation Tax Sharing Pymnt Tax Sharing Pymnt Tax Sharing Pymnt Bay Marina Drive Draw Down -Home Fund jivironmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,651,706.63 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #45 ATTACHMENTS (Listed Below) Resolution No. A•200 (Rev. 9/80) 1/3 PAYEE BOARD OF EQUALIZATION ACE UNIFORMS & ACCESSORIES,INC ASSI SECURITY ASSOCIATION OF PUBLIC TREASURE AUSTIN DOORS BANK OF AMERICA BLACKIE'S TROPHIES AND AWARDS BOOT WORLD CA GANG INVESTIGATORS ASSOC CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIXTO CASTRO CEB CITY OF NATIONAL CITY COMMAND STRATEGIES CONSULTING CORPORATE EXPRESS NIEL PEARCE/ RPM WELDING Niue.,TA TICKET INC DAVID EURICH DEPARTMENT OF TRANSPORTATION DIXIELINE LUMBER CO. DREW FORD ENVIRONMENTAL HAZARDS SERVICES FAST SIGNS FERGUSON ENTERPRISES, INC FIRE ETC FLEET SERVICES, INC GRAINGER GTC SYSTEMS INC H&E EQUIPMENT SERVICES HONEYWELL INC. HUNTING SHACK, INC. HYDRO-SCAPE PRODUCTS INC. INSTITUTE OF TRANSPORTATION IRON MOUNTAIN RECORDS JC TOWING JEWISH FAMILY SERVICE L N CURTIS & SONS LASER SAVER INC MAINTEX, INC. MANPOWER OF SAN DIEGO \SON'S SAW & LAWNMOWER SRVC iviATERIAL SALES INC. METROPOLITAN WATER DISTRICT MIRAMAR COLLEGE NAGLE `-- INC.ORPORATED WARRANT REGISTER # 45 5/5/2009 DESCRIPTION SALES TAX LIABILITY FOR JAN-MAR 09 CLASS A FLYING CROSS JACKET CITY-WIDE SECURITY REPAIRS YEARLY MEMBERSHIP REPAIR & REPLACEMENT CREDIT CARD EXP - MIS MOP 67727 NAMETAGS -PD BOOTS MEMBERSHIP DUES 2009 - 2010 KEYS BALLAST MILEAGE REIMBURSEMENT MILEAGE REIMBURSEMENT FORMING COMMON INTEREST DEVEL PAYMENT OF TAX SHARING (AB 1389)- BOOKS-SUPERVISORS/INVEST GUIDE MOP 45704 OFFICE SUPPLIES - ATTY REPAIRS TO 36" BACK FLOW PC PROCESSING, APPEALS - MAR 2009 LIABILITY CLAIM COSTS HIGHWAY LIGHTING SUPPLIES FOR FACILITIES MAINT PARTS TO REPAIR V# 484. HUD HEALTHY HOMES DEM GRANT VINYL H&W WHITE SIGN SUPPLIES FOR FACILITIES MAINT FOX FURY HEAD LAMPS COMMAND BRAKE PADS/PARTS TO REPAIR V#373 BALLAST PROFESSIONAL NETWORK SERVICES PORTABLE AIR COMPRESSOR MECHANICAL MAINTENANCE 40 CALIBER, 180 GRAIN, COPPER METAL RB ROTOR PC/RB FALCON ROTOR TRAFFIC ENGINEERING HANDBOOK RECORDS MANAGEMENT MOP 68862 TOWING SVCS - PO SENIOR CENTER FORUM 120Z CANVAS DEBRIS CARRIER MOP 45725 INK CARTRIDGE JANITORIAL SUPPLIES WEEK ENDING 04/19/09 SUPPLIES FOR PARKS DEPARTMENT PS EXPANDED METAL EDGING PAYMENT OF TAX SHARING (AB 1389) MATERIAL FEES -DEFENSIVE TACTICS SUBSISTENCE -FIELD TRAINING CHK NO DATE AMOUNT 226722 4/30/09 29,728.00 226723 5/5/09 1,822.65 226724 5/5/09 845.00 226725 5/5/09 212.00 226726 5/5/09 445.82 226727 5/5/09 151.58 226728 5/5/09 21.95 226729 5/5/09 484.86 226730 5/5/09 25.00 226731 5/5/09 311.88 226732 5/5/09 752.57 226733 5/5/09 102.70 226734 5/5/09 55.61 226735 5/5/09 170.46 226736 5/5/09 83,771.08 226737 5/5/09 104.01 226738 5/5/09 61.88 226739 5/5/09 699.00 226740 5/5/09 2,038.50 226741 5/5/09 700.00 226742 5/5/09 2,877.78 226743 5/5/09 961.36 226744 5/5/09 428.79 226745 5/5/09 516.00 226746 5/5/09 223.89 226747 5/5/09 335.79 226748 5/5/09 531.19 226749 5/5/09 690.68 226750 5/5/09 402.48 226751 5/5/09 682.50 226752 5/5/09 13,281.95 226753 5/5/09 1,202.81 226754 5/5/09 1,922.55 226755 5/5/09 1,590.56 226756 5/5/09 100.80 226757 5/5/09 125.00 226758 5/5/09 135.00 226759 5/5/09 5.00 226760 5/5/09 172.31 226761 5/5/09 137.13 226762 5/5/09 2,985.80 226763 5/5/09 902.40 226764 5/5/09 541.93 226765 5/5/09 91.72 226766 5/5/09 1,978.74 226767 5/5/09 62.96 226768 5/5/09 420.36 2/3 PAYEE NAPA AUTO PARTS NATIONAL ASSOC OF TOWN WATCH NATIONAL CITY AUTO TRIM NATIONAL NOTARY ASSOCIATION NATIONAL SCHOOL DISTRICT OCE' NORTH AMERICA ONE STOP PARTS SOURCE PARTS PLUS AUTOSTORE #711 PERRY FORD PRUDENTIAL OVERALL SUPPLY R.J. SAFETY SUPPLY REGIONAL TRAINING CENTER RIVERSIDE COUNTY SHERIFF DEPT ROJAS SAM'S ALIGNMENT SAN DIEGO COUNTY AUDITOR SAN DIEGO.COUNTY OFFICE OF ED SAN DIEGO MIRAMAR COLLEGE SANCHEZ SD BMW MOTORCYCLES SD COUNTY WATER AUTHORITY SD COUNTY WATER AUTHORITY SD YOUTH & COMMUNITY SVCS SDG&E SELTZER CAPLAN MCMAHON VITEK SHARP REES-STEALY MED GROUP SHELVING DIRECT SMART & FINAL SOUTH COAST EMERGENCY SOUTHWESTERN COMMUNITY COLLEGE STACK TRAFFIC ENGINEERING, INC STARTECH COMPUTERS STRATACOM SUBPOENA COMPLIANCE SWEETWATER UNION HIGH SCH DIST TETRA TECH ISG #1 THE HOSE PROS THE LIGHTHOUSE, INC. THE SAN DIEGO UNION TRIBUNE THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT U S BANK CORPORATE PAYMT SYS UNITED RENTALS US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES WADE & ASSOCIATES WATERLINE TECHNOLOGIES WARRANT REGISTER # 45 5/5/2009 DESCRIPTION SUPPLIES FOR EQUP. MAINT. MEMBERSHIP RENEWAL R&M CITY VEHICLES AS NEEDED MEMBERSHIP RENEWAL/NOTARY INS PAYMENT OF TAX SHARING (AB 1290) BI TONER KIT PF CARBON METAL PARTS LABOR/PARTS TO REPAIR V# 398 UNIFORMS MISC SAFETY GEAR FOR PARKS DEPT TUITION: INVESTIGATION OF WEBSITES TUITION: NAGLE - FIELD TRAINING MILEAGE REIMBURSEMENT PARTS TO REPAIR V# 345 PAYMENT OF TAX SHARING - HARBOR - PAYMENT OF TAX SHARING (AB 1290) TUITION:REGIONAL OFFCR TRAINING 125 PLAN REIMBURSEMENT REPAIRS & MAINTENANCE PAYMENT OF TAX SHARING (AB 1389) PAYMENT OF TAX SHARING (AB 1389) TUITION - SCHOOL OFFICER A CHELIUS FACILITIES DIVISION GAS & ELECTRIC LEGAL CONSULTANTS (1)TB SKIN TESTS @ $30.00 EACH TEST METAL POINT PLUS/PRE-DRILLED MOP 45756 MISCELLANEOUS - FIRE ROCKER SWITCH PAYMENT OF TAX SHARING (AB 1290) FIBER OPTIC INVENTORY/ASSIGNMENT MOP 61744 COMPUTER SUPPLY - PD MOP 63845 LETTERHEAD IMPRINTS CHK NO 226769 226770 226771 226772 226773 226774 226775 226776 226777 226778 226779 226780 226781 226782 226783 226784 226785 226786 226787 226788 226789 226790 226791 226792 226793 226794 226795 226796 226797 226798 226799 226800 226801 SEARCH WARRANT FOR PHONE RECORDS 226802 PAYMENT OF TAX SHARING (AB 1290) DEPOSIT#1281 FIG COURT NON CONDUCTIVE SWIVEL TAIL LIGHTS PUBLIC NOTICE -HOUSING & GRANTS SUBSCRIPTION 04/09 - 04/10 - CM REFUND FOR C STANICH CLAIM CREDIT CARD EXP - PD YARD OF CONCRETE BATCH PLANT MIX TRADE SETTLING CHGS WATER METER COUPLING PROJECT MANAGER 08-4 MUNICIPAL POOL CHEMICALS 226803 226804 226805 226806 226807 226808 226809 226810 226811 226812 226813 226814 226815 DATE 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 5/5/09 AMOUNT 455.36 25.00 58.90 72.00 64,268.46 312.99 219.19 185.26 810.19 484.95 155.78 132.00 55.00 14.85 730.84 89,571.53 6,749.39 90.0f 40.0L 871.27 1,686.42 21.77 25.00 28,770.19 14, 911.00 30.00 2,679.92 212.43 53.40 9,811.71 11,250.00 185.20 162.44 200.00 39,325.02 978.92 257.26 477.17 2,668.80 209.94 30,850.00 127.14 206.4 41111110 1982;• 231.31 46, 864.75 684.37 3/3 PAYEE WILLY'S ELECTRONIC SUPPLY BRG CONSULTING, INC CHRISTENSEN & SPATH LLP CITY OF CHULA VISTA COMMUNITY YOUTH ATHLETIC CTR CORPORATE EXPRESS DENNIS CUNNINGHAM, MAI ENVIRONMENTAL HEALTH COALITION FLORES SIERRA CONTRACTORS, INC KTU&A L.B. CIVIL CONSTRUCTION NAN MCKAY AND ASSOCIATES, INC. PYATOK ARCHITECTS INC ROMERO'S ROOFING SERVICE, INC SAN DIEGO HABITAT FOR HUMANITY SDG&E gOUTH BAY COMMUNITY SERVICES EWART TITLE OF CA 1 HE STAR NEWS VERONICA TAM & ASSOCIATES WELLS FARGO BANK SECTION 8 HAPS PAYMENTS PAYROLL Pay period 9 Special Payroll Start Date 4/7/2009 4/7/2009 CALIFOR,NIA �* NATIONAL C l'V '1 o INCORPORATED WARRANT REGISTER # 45 5/5/2009 DESCRIPTION SUPPLIES FOR PARKS DEPARTMENT DOWNTOWN SPECIFIC 1441 HARDING - LEGAL SVCS BAY MARINA DR WIDENING- MAR 09 CHAMPS 4 LIFE DELINQUIENCY PREVENTIO OFFICE SUPPLIES - REDEV/HOUSING APPRAISALS FOR LOT 34 OF PACIFIC VIEW HEALTHY HOMES GRANT FUNDS-FEB09 DEMOLITION OF 1820 GAVE FEBRUARY 2009 SERVICES MARCH 2009 SERVICES S8 PIH ALERT & NEWSLETTER ACCESS WESTSIDE INFILL- PARADISE CREEK REPAIR ROOF OF OLD TRAIN DEPOT PROJECT DRAW DOWN-HOME FUNDS 1615 E 4TH ST 03/24 - 04/23/09 FY2008 CDBG ORIGRAN SUB -RECIPIENT PW YARD INFILL- PARADISE CREEK REDEV ADVERTISING IDIS FY 06/07 - MARCH 09 CREDIT CARD EXPENSE Start Date 4/29/2009 End Date 4/20/2009 4/20/2009 End Date 5/5/2009 Check Date 4/29/2009 4/27/2009 CHK NO DATE AMOUNT 226816 5/5/09 30.61 226817 5/5/09 19,723.79 226818 5/5/09 60.00 226819 5/5/09 5,670.00 226820 5/5/09 36,410.97 226821 5/5/09 151.27 226822 5/5/09 300.00 226823 5/5/09 41,032.20 226824 5/5/09 32,183.05 226825 5/5/09 24,740.00 226826 5/5/09 56,273.04 226827 5/5/09 349.00 226828 5/5/09 3,050.00 226829 5/5/09 4,434.00 226830 5/5/09 191,447.00 226831 5/5/09 162.69 226832 5/5/09 5,168.00 226833 5/5/09 1,500.00 226834 5/5/09 154.35 226835 5/5/09 498.75 226836 5/5/09 209.70 A/P Total 937,742.29 694,045.25 983,222.75 36,696.34 GRAND TOTAL S 2,651,706.63 CALIFORNIA --�+ TIv IT�111 Iry ,- • c ocy INCORPORATED -� Warrant Register # 45 5/5/2009 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 198 PROPERTY EVIDENCE SEIZURE 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM 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 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 798,911.36 28,828.27 30,047.83 4,639.04 655.06 18, 300.12 12, 334.38 1,518.16 946.28 12,250.31 27.29 1,732.39 966.33 4,743.44 2,717.86 2,679.92 1,148.23 588.94 3,404.02 4,060.51 297,184.12 688.87 2,896.55 4,450.32 10,592.11 51,274.63 6,576.81 2.40 715,301.33 913.97 227, 857.97 170,217.16 74,737.20 55,596.40 36, 042.64 2,943.23 3,423.78 11,406.47 1,433.92 17,535.79 29,152.30 978.92 2,651,706.63 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 16 ITEM TITLE Warrant Register #46 for the period of 05/06/09 through 05/12/09 in the Amount of $946,774.21 PREPARED BY D. Gallegos -Finance EXPLANATION. PEPARTMEN Finance yry�- Jeanette L'a�►fdO 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 05/06/09 through 05/12/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Health Net Kaiser Health Southwestern College Check# 226878 226889 226923 Amount 69,795.41 134,079.95 283,833.00 Explanation Health Ins - May 09 Health Ins - May 09 Replacement -Pass Thru Payment Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $946,774.21 BOARD/COMMISSION RECOMMENDATION 1. Warrant Register #46 ATTACHMENTS (Listed Below) Resolution No. / A-200 (Ray. 9/80) 1/3 PAYEE BRIGGS TREE COMPANY FEDEX ICF JONES & STOKES KLEINFELDER, INC. MICHAL PIASECKI CONSULTING RAULSTON WADE & ASSOCIATES WHILLOCK CONTRACTING, INC. ALL FRESH AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS AUTO BEAUTY PRODUCTS BOOT WORLD CAPF CALBO CALBO CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALPERS CAMEON CHEVRON & TEXACO BUSINESS CARD CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CITY OF SAN DIEGO COAST CONTRACTING & DEV CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS COX COMMUNICATIONS DELTA DENTAL DIXIELINE LUMBER CO. DOUCETTE ESGIL CORPORATION FAIR HOUSING COUNCIL OF SD FEDERAL EMERGENCY MANAGEMENT FEDEX FENTON FERGUSON ENTERPRISES, INC GROSSMAN PSYCHOLOGICAL ASSOC. HAMILTON MEATS & PROVISIONS HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HEALTH NET HERNANDEZ HONEYWELL INC. I.D. SERVICES, INC. WARRANT REGISTER # 46 5/12/2009 DESCRIPTION CHK NO DATE AMOUNT KRAUTER VESUVIUS PLANT 226837 5/12/09 1,556.81 SPECIAL MAIL HANDILING FEES 226838 5/12/09 93.21 WESTSIDE SPECIFIC PLAN EIR 226839 5/12/09 36,355.38 MARINA STORM DRAIN BILL THRU 4-26-09 226840 5/12/09 724.00 CRYSTAL REPORTS UPDATE - APR 09 226841 5/12/09 945.00 TRAVEL REIMB FOR CRA CONFERENCE 226842 5/12/09 880.59 BAY MARINA WIDENING 08-13 226843 5/12/09 17,994.25 MARCH 2009 SSERVICES, SPEC 08-2 226844 5/12/09 71,813.25 FOOD/CONSUMABLES 226845 5/12/09 1,306.42 MOP #62683 SWEEPER REPAIRS 226846 5/12/09 346.45 FUEL FOR CITY FLEET 226847 5/12/09 20,393.72 AB PW-5. RED POLISH SOAP 226848 5/12/09 67.43 MOP #64096 SAFETY BOOTS 226849 5/12/09 222.85 FIRE/LTD MAY 2009 226850 5/12/09 592.00 POSTDISASTER SAFETY ASSMT CLASS 226851 5/12/09 150.00 CBC ACCESSIBILITY & USABILITY CLASS 226852 5/12/09 150.00 BREAD PRODUCTS 226853 5/12/09 225.00 ELECTRIC SUPPLIES 226854 5/12/09 314.72 PD/LTD MAY 2009 226855 5/12/09 1,774.50 ACTUARIAL VALUATION-EMP CONTRIBUTION 226856 5/12/09 200.00 SUBSISTENCE:INVESTIGATION COURSE 226857 5/12/09 620.00 MOP #45699 FUEL 226858 5/12/09 • 85.07 MONTHLY SHREDDING 226859 5/12/09 72.95 ANIMAL SHELTER COSTS 226860 5/12/09 8,204.31 SEWER TRANSPORTATION CHGS 226861 5/12/09 10,239.21 DEPOSIT #908 PLAZA VILLAGE 226862 5/12/09 804.00 COVERAGE MAINTENANCE MAY 2009 226863 5/12/09 843.55 MOP45707 OFFICE SUPPLIES 226864 5/12/09 1,047.72 INTERNET DATA SVC 04/07-05/06/09 226865 5/12/09 3,600.00 DENTAL INS MAY 2009 226866 5/12/09 14,702.20 SUPPLIES FOR FACILITIES MAINT 226867 5/12/09 1,020.48 125 PLAN REIMBURSEMENT 226868 5/12/09 358.75 FIRE DEPT PLAN CHECK SERVICES 226869 5/12/09 300.30 SUB -RECIPIENT AGREEMENT - CDBG 226870 5/12/09 9,500.00 EXCESS FUNDS RETURNED GRANT 226871 5/12/09 2,130.60 SPECIAL MAIL HANDILING FEES 226872 5/12/09 46.75 MEETINGS,TRAINING,COURT REIMB EXP 226873 5/12/09 116.60 MOP #45723 SUPPLIES 226874 5/12/09 936.36 PRE-EMP PSYCHOLOGICAL. EXAMS 226875 5/12/09 250.00 MEAT PRODUCTS 226876 5/12/09 2,275.33 PLUMBING MATERIAL 226877 5/12/09 295.79 HEALTH INS H0067A MAY 2009 226878 5/12/09 69,795.41 HEALTH INS MAY 2009 57135J 226879 5/12/09 364.08 HEALTH -FULL NETWORK 57135A 226880 5/12/09 13,200.87 HEALTH-RET INS H0067F MAY 2009 226881 5/12/09 1,701.45 LIABILITY CLAIM COSTS 226882 5/12/09 1,000.00 MECHANICAL MAINTENANCE 226883 5/12/09 363.44 INK CARTRIDGES 226884 5/12/09 244.69 2/3 PAYEE IKON OFFICE SOLUTIONS/IOS JC TOWING JOHN DEERE LANDSCAPES JOSSE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS L N CURTIS & SONS LASER SAVER INC LASER SAVER INC LONG'S DRUG STORES LOPEZ MALLORY FIRE MCGUIRE DISTRIBUTION MEYERS/NAVE MICHAL PIASECKI CONSULTING NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH ORANGE COUNTY SHERIFF'S DEPT ORIENTAL TRADING, CO., INC. PADRE JANITORIAL SUPPLIES, INC PERRY FORD PERVO TRAFFIC CENTER POWER HAWK TECHNOLOGIES, INC POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY RAND MCNALLY & CO. REED'S RESTAURANT EQUIP. SVC. REGIONAL COMMUNICATIONS SYSTEM RELIANCE STANDARD S & S RECREATION WORLDWIDE SAN DIEGO MIRAMAR COLLEGE SANDPIPA SASI SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. SOUTHWESTERN COLLEGE SULLIVAN SUN BADGE COMPANY INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT U S HEALTHWORKS WARRANT REGISTER # 46 5/12/2009 DESCRIPTION COPIER EQUIP LEASE PAYMENTS MOP #68862 TOWING CHARGES TURF SUPREME 50 LB. LIABILITY CLAIM COSTS KAISER INS ACTIVE MAY 2009 KAISER RET INS MAY 2009 PITOT BLADE FK25. INK CARTRIDGES PRINTER MAINTENANCE MOP 45727 UMBRELLA STANDS - CS TRANSLATION SVCS ON MAY 5, 2009 BELT CLIP, MMR HOLDER, BBING DAIRY PRODUCTS MOU NEGOTIATIONS & LABOR ADVICE CRYSTAL REPORTS UPDATES- APR 09 AUTOMOBILE PARTS MOP #72441 R&R POLICE VEHICLE SEATS CAR WASHES FOR CITY FLEET TUITION: BASIC HOMICIDE COURSE EASTER EGGS/GIFT BAGS/PUPPETS JANITORIAL SUPPLIES LABOR TO REPAIR ON V# 489. TRAFFIC PAINT, YELLOW, 55 GAL DRUM POWER PACK, 12V MOP #67839 PS31-950S SHARPENING SERVICE ANNUAL SOFTWARE MAINTENANCE MOP 45742 LAUNDRY - PD RAND MCNALLY TG DIGITAL EDITION SERVICE/REPAIR STEAMER COMMUNICATIONS SYS MAR 2009 VTL MAY 2009 ALL TIME FAVORITES GAME PACK TUITION:REGL OFFICERS TRAINING WORKER'S COMP CLAIM COSTS P/R PROCESS CHGS 05/01-07/31/09 MOP #45758 ULTRA LOW SULFUR TRAFFIC SIGNAL AND STREET LIGHTING REPLACEMENT CK 18197-PASS THRU PYMN SUBSISTENCE: INVESTIGATION COURSE BADGE REPAIRS, REBANNER STREET DIVISION FOOD/CONSUMABLES SUPPLIES FOR EQM DEPARTMENT LIFE & AD&D STD LTD MAY 2009 LEGAL NOTICES ADVERTISING -APR 09 W/C LOSS REPLENISHMENT PRE-EMP PHYSICALS CHK NO DATE AMOUNT 226885 5/12/09 19,119.57 226886 5/12/09 50.00 226887 5/12/09 479.69 226888 5/12/09 1,000.00 226889 5/12/09 134,079.95 226890 5/12/09 5,537.15 226891 5/12/09 117.98 226892 5/12/09 190.31 226893 5/12/09 368.88 226894 5/12/09 80.06 226895 5/12/09 200.00 226896 5/12/09 78.84 226897 5/12/09 592.60 226898 5/12/09 6,421.25 226899 5/12/09 945.00 226900 5/12/09 219.48 226901 5/12/09 431.32 226902 5/12/09 518.00 226903 5/12/09 100.00 226904 5/12/09 234.95 226905 5/12/09 945.90 226906 5/12/09 89.95 226907 5/12/09 15,839.01 226908 5/12/09 535.02 226909 5/12/09 86.83 226910 5/12/09 45.00 226911 5/12/09 1,616.66 226912 5/12/09 341.82 226913 5/12/09 2,120.63 226914 5/12/09 719.55 226915 5/12/09 18,065.93 226916 5/12/09 2,367.19 226917 5/12/09 164.61 226918 5/12109 30.00 226919 5/12/09 23,625.00 226920 5/12/09 216.00 226921 5/12/09 81.00 226922 5/12/09 20,445.04 226923 5/12/09 283,833.00 226924 5/12/09 620.00 226925 5/12/09 68.27 226926 5/12/09 540.35 226927 5/12/09 4,072.29 226928 5/12/09 68.09 226929 5/12/09 9,969.30 226930 5/12/09 518.40 226931 5/12/09 45,219.73 226932 5/12/09 232.00 3/3 PAYEE ULTIMATE STAFFING SERVICES UNDERGROUND SERV ALERT VEJAR VERIZON WIRELESS VERMEER PACIFIC VULCAN MATERIALS COMPANY WADE & ASSOCIATES WATERLINE TECHNOLOGIES SECTION 8 HAPS PAYMENTS -nry 4dVC,OR . oxtAT*1? WARRANT REGISTER # 46 5/12/2009 DESCRIPTION TEMP EMP - NEIGHBORHOOD SVCS UNDERGROUND ALERT SERVICE LIABILITY CLAIM COSTS CELL PHONES 03/22 - 04/21/09 DRUM CHIPPER, TIER ENGINE SHEET AND COLD MIX ASPHALTS SAFE ROUTES TO SCHOOL MUNICIPAL POOL CHEMICALS Start Date End Date 5/6/2009 5/12/2009 CHK NO DATE AMOUNT 226933 5/12/09 1,008.70 226934 5/12/09 163.50 226935 5/12/09 802.00 226936 5/12/09 5,289.07 226937 5/12/09 26,175.38 226938 5/12/09 356.98 226939 5/12/09 8,196.75 226940 5/12/09 1,314.74 A/P Total 946,774.21 0.00 GRAND TOTAL $ 946,774.21 Warrant Register # 46 5/12/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 166 NUTRITION 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 301 GRANT-C.D.B.G. 511 TAX INCREMENT FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 311,268.58 -1,333.38 594.19 1,240.00 2,552.75 11,411.98 234.95 10,182.09 283,833.00 2,665.62 9,500.00 130, 362.49 3,217.09 71,646.73 19,119.57 21,139.71 2,121.12 8,889.07 1,040.39 48,562.45 7,721.81 804.00 946,774.21 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 17 ITEM TITLE A resolution of the City Council of the City of National City making certain findings with respect to the use of redevelopment funds to finance the cost of certain public facilities which includes roadway resurfacing projects within the Redevelopment Project Areas. PREPARED BY Patricia Beard (ext 4255) U" Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION Subject to certain prerequisites and limitations, the California Community Redevelopment Law ("CCRL") permits the Community Development Commission, with the consent of the City Council, to pay all or part of the value of the land for and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned located either within or outside a project area. The purpose of the attached resolution is to comply with the CCRL. A detailed explanation of the effect of the resolution presented for consideration with this staff report is provided in the attached Background Report. Environmental Review Not Applicable. Financial Statement There is no cost associated with this resolution.. J STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 7b) Invest in infrastructure and aging public facilities identified by community priorities. i ATTACHMENTS 1. Background Report 2. Road Resurfacing Projects Outline 3. Resolution Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MAKING CERTAIN FINDINGS WITH RESPECT TO THE USE OF REDEVELOPMENT FUNDS TO FINANCE THE COST OF CERTAIN PUBLIC FACILITIES, INCLUDING ROADWAY RESURFACING PROJECTS, WITHIN THE REDEVELOPMENT PROJECT AREAS WHEREAS, the Community Development Commission of the City of National City ("CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (Section 34100, et seq.); and WHEREAS, the CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City; and WHEREAS, on November 16, 1969, the City Council of the City of National City adopted Ordinance No. 1233, which approved the City's first redevelopment plan; and WHEREAS, since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman No.1, E. J. Christman No. 2, South Bay Town and Country, Centre City, Downtown, Downtown Amended, and 1995 Added Area (Harbor District) Redevelopment Areas ("Redevelopment Project Areas"); and WHEREAS, the purpose of this resolution is to confirm the CDC's compliance with CCRL Section 33445 with respect to its use of redevelopment funds; and WHEREAS, the various capital improvement projects delineated on the Summary of Redevelopment Projects List ("Projects List") for four (4) of the Redevelopment ; Project Areas, attached hereto as Exhibit "A", will implement the goals and objectives of the National City General Plan within the affected Redevelopment Project Areas, and will lessen or eliminate blight and improve the affected neighborhoods; and WHEREAS, CCRL Section 33445 permits redevelopment agencies, with the consent of the legislative body, to pay all or part of the value of the land for and the cost of installation and construction of any building, facility, structure, or other improvement that is publicly owned located either within or outside a project area if the legislative body determines all of the following: a. That the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned, that the improvement is of benefit to an adjacent project area of the agency; b. That no other reasonable means of financing the buildings, facilities, structures, or other improvements are available to the community; and c. That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other structures will assist in the elimination of one or more Resolution No. 2009 — June 2, 2009 Page 2 blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to CCRL Section 33490; and WHEREAS, with respect to redevelopment plans and amendments to those plans which add territory to a project adopted after October 1, 1976, CCRL Section 33445(b) requires that the acquisition of property and installation or construction of each facility shall be provided for in the redevelopment plan; and WHEREAS, the redevelopment plans and five-year implementation plans for the Redevelopment Project Areas contain provisions, goals and/or objectives for the accomplishment of economic development projects and programs that are sufficient in scope to be inclusive of the projects specified on the Projects List; and WHEREAS, all of the prerequisites with respect to the approval of this resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1 The foregoing recitals are true and correct and are a substantive part of this resolution. 2. The use of the taxes allocated from the Redevelopment Project Areas for the purpose of funding the projects identified on the Projects List, attached hereto as Exhibit "A", will be of benefit to the Redevelopment Project Areas. 3. There are no other reasonable means available to the community to finance the cost of the projects specified on the Projects List. 4. The projects specified on the Projects List will assist in the elimination of blight in the Redevelopment Project Areas, and are consistent with the Redevelopment Project Areas' redevelopment plans and five-year implementation plans. 5. This resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Resolution No. 2009 — June 2, 2009 Page 3 EXHIBIT "A" Summary of Redevelopment Projects List National City Redevelopment Project Areas FY 2008-2009 ROADWAY RESURFACING PROJECTS National City Downtown Project Area: $5,054,102 E. J. Christman No. 2 Project Area: 399,512 National City Harbor Project Area: 233,714 Center City Project Area: 142,672 Total Estimated Cost: $5,830,000 ATTACI-IMENT 1 BACKGROUND REPORT The Community Development Commission of the City of National City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.). The CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City (the "City"). On November 16, 1969, the City Council (the "City Council") of the City adopted Ordinance No. 1233, which approved the City's first redevelopment plan. Since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman #1, E. J. Christman #2, South Bay Town and Country, Centre City, Downtown, Downtown Amended and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"). The purpose of the attached Resolution is to confirm the CDC's compliance with CCRL § 33445 with respect to its use of redevelopment funds. CCRL § 33445 permits redevelopment agencies, with the consent of the legislative body (i.e., the City Council), to pay all or part of the value of the land for and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned located either within or outside a project area if the legislative body determines all of the following: a. That the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned that the improvement is of benefit to an adjacent project area of the agency; b. That no other reasonable means of financing the buildings, facilities, structures or other improvements are available to the community; and c. That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate -income persons, and is consistent with the implementation plan adopted pursuant to CCRL § 33490. With respect to redevelopment plans and amendments to those plans which add territory to a project, adopted after October 1, 1976, CCRL § 33445(b) requires that the acquisition of property and installation or construction of each facility Page 2 shall be provided for in the redevelopment plan. The redevelopment plans and five-year implementation plans for the Redevelopment Project Areas contain provisions, goals and/or objectives for the accomplishment of economic development projects and programs that are sufficient in scope to be inclusive of the projects specified on the Projects List. With respect to this particular case, $5.83 million -worth of roadway resurfacing projects have been completed in four (4) of the Redevelopment Project Areas during FY 2008-09. Attachment 2 provides a detailed outline of the individual projects. The Summary of Redevelopment Projects List, which is included as Exhibit "A" to the attached resolution, provides a cost division by affected Redevelopment Project Area. ATTACHMENT "2" Estimated Cost of Section Status O N F 0 a Road Resurfacin z w .. WOW WW WW WWW WWWWW WW WWW W WOW WW WWWOW WW WWWWWO OWWW OWWWWWFW.0W O W W W W WwWw W jwrwrrwrrW rW WwWwWrW WW W Fww 00 00 o0oo00o0000o0000000000§000o00 00 00 0000o000000000000 0000000000000000000000 00ow 0 66 044434344I3 §§4§§§§ §.6§ §§§§§§§§4 4 §§4§§§.§§P§ 44�4 4§ ��€V§§;;4§ -4�§, U r rrrrrrrrrrrrrrrr,-rrrrrrr,-rrr00U00rrrrr 000U0 rr UrUrrrrrrrrrrrrrFFFF UrU rrrrr rrrrr r U U = S U U S U U S U U U U U U S S U S S U S S S S S U U U S S S S 7 U S J S S S S S S S 7 S S 7 7 S S S S 7 U S S S S S S S S 7 S S J S S S S S S S S S S S 77 tt 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 l w N N N N N N N N N N N N N N N N N N N N 0 N N N N N N N N 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N f0A N 0 N N N N Z Z 2 2 Z 2 Z Z Z Z Z 00000000o000000000I00i0i0gggg0ggggg0gi08lgfli8ggoigg0g00googoogo ogoogo oogo� U U ..0000000000.00000 U U 0 U U 000 000000 U U 0 U U U U U U U U U U U U U U U 0 8888888888.888.888888,8$8.8,888,8.8.888.8888888,888828:888.8888$88888..8.88$.7.8,8,88888888888888888 ,XMN N N gg; N tV Obi g,1NN,i NNNN4:E N'iN N nNNNNLI1515 NMiXMNNNNN m!Z N O, r tom+, N a:: q NNl NNNMN N �Y ONNNN N N m a a w O 0 m 0 N $ r O ma wz N w mw X U w �' Uzo Q r rr00< Ur OU rrr ajyw 81uwingaa2amL1.21 oNwYawo xottwxwOwaww aJzw �zwww-,S3aw r N Q i o WN m a. W LLa O C¢�� v�� r r' 0 :2 ,RkNkaaa»AUa -4 «84.i0 bank a w W W W W m O Y W W W O W Z 0 W O 0 N., O W W Z &i tI W W O 0 m m m m m SE gym- 0',' a U> U < < >> J J a s U a U .a U O 0 w m r O O a s %yJ„„-ZQ O O r r rr O r O r qy3� y§y�Z Z ..J r N Nrr N Z = N A N Q r 4= Z r K 8W N 8> ( N N = N J = N N = N = N = N a 6 �;; y N 6 N 8 Q = ��U N Q 6 x V V O N( 1 8 a o x Z; W w 0 Z W Z Z O W x W W xgx W g K x Z Y 0: W K 0 W W W x x i W- Z W W W W W Z S W W 0 000� W C Z W 3 a a W 42 W U U O J Z O O W z-n0.<Q_QQa,1. .c1m$daa 8a uu-ad z....� m z a aa> <aa 0 0 - to N N N r ti N N 5 N N N N N N N Ul r r N N 00 N r r r .- N r N N N o U' _ J N N$ 3 3 Z N x F x x N N N ' >,1x x x x N F F Q NQ N x x N N N N N F Z �O{{ 0 s ��a'a arT.r -. kama�g=z=a�xr.=->atig R,.aaaaa �0',6 ka� a aRIOXi5gcg as x w w m w w w w; W w w Z W O w a W a U H 3 w W; U w W -, , Z w w m w< 3 W a Y a m U W W W -, Z W W a W O W w O W m W m U W W S 2 2 mm mm mm m N 1m, I mm N N N a IMP 1!” " s 11 0,1188888888888888888888888888888885��_� 18 W 23RD ST W Z 0 2 $NrHPv,ziA4RA:;Xn$-rvmm, /a9,n:42 S2S41SM$m`3WGSO,7i'nnnww$oo'aZ2%:3 o8aS§iii City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 18 r ITEM TITLE A resolution of the City Council approving a summary of redevelopment projects list including a roadway resurfacing projects and a promissory note between the City of National City and the Community Development Commission of the City of National City. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION The purpose of the attached resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of $5.83 million -worth of capital improvement projects within four (4) of National City's Redevelopment Project Areas. A detailed explanation of the effect of the resolution presented for consideration with this staff report is provided in the attached Background Report. i Environmental Review Not Applicable. Financial Statement Staffs recommendation does not affect the current fiscal year budget; however, it does require the CDC to make future payments to the City on a subordinate basis consistent with the terms of the promissory note. J I STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 7b) Invest in infrastructure and aging public facilities identified by community priorities. J 1 ATTACHMENTS 1. Background Report 2. Resolution Resolution No. ATTACHMENT 1 BACKGROUND REPORT The Community Development Commission of the City of National City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.). The CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City (the "City"). On November 16, 1969, the City Council (the "City Council") of the City adopted Ordinance No. 1233, which approved the City's first redevelopment plan. Since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman #1, E. J. Christman #2, South Bay Town and Country, Centre City, Downtown, Downtown Amended and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"). The purpose of this Resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on the Summary of Redevelopment Projects List for four (4) of the Redevelopment Project Areas on behalf of the CDC (see Exhibit "A" to the Resolution). Pursuant to CCRL § 33445(c), when the value of the land or the cost of the installation and construction of a building, facility, structure, or other improvement, or both, has been, or will be, paid or provided for initially by the community or other public corporation, the CDC may enter into a contract with the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement, or both, by periodic payments over a period of years. Pursuant to CCRL § 33445(d), the obligation of the CDC under the Promissory Note (see Exhibit "B" to the Resolution), shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment projects for the Redevelopment Project Areas, which indebtedness may be made payable out of taxes levied in the Redevelopment Project Areas and allocated to the CDC under CCRL § 33670(b) or out of any other available funds. The Note shall bear simple interest at a rate equivalent to the Local Agency Investment Fund ("LAIF") apportionment rate as determined by the office of the California Treasurer. For each year during the term of this Note, the interest rate for the applicable fiscal year shall be the LAIF apportionment rate published by the California Treasurer for June of each year. Unless earlier repaid, any balance on this Note shall be due in full on the later of July 18, 2040 or the last date for the repayment of indebtedness for the Redevelopment Project Areas. Page 2 The CDC will repay the Note from net tax increment funds as these funds are available for such repayment. Net tax increment funds shall mean the net tax increment revenues, excluding any amount used to: a. pay principal of, any premium on and interest on any existing or future bonds or notes that are secured by a pledge of tax increment revenues generated from the Redevelopment Project Areas; b. make payments to any taxing entity pursuant to a tax sharing agreement or statutory tax sharing formula pursuant to CCRL §§ 33607.5 and 33607.7; c. pay the San Diego County property tax collection administrative fee; d. contribute revenues to the Low- and Moderate -Income Housing Fund in the amounts required by the CCRL; and e. fund the administrative expenses of the CDC, not to exceed the amount listed in the CDC's annually adopted budget. Subject to the priority of revenue noted above, the CDC shall initiate repayment the indebtedness evidenced by this Note on the later of July 18, 2025 or the last date for redevelopment plan effectiveness for the Redevelopment Project Areas. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUMMARY OF REDEVELOPMENT PROJECTS LIST, WHICH INCLUDES ROAD RESURFACING PROJECTS, AND A PROMISSORY NOTE BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (Section 34100, et seq.); and WHEREAS, the CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City; and WHEREAS, on November 16, 1969, the City Council of the City of National City adopted Ordinance No. 1233, which approved the City's first redevelopment plan; and WHEREAS, since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman No. 1, E. J. Christman No. 2, South Bay Town and Country, Centre City, Downtown, Downtown Amended, and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"); and WHEREAS, pursuant to CCRL Section 33445(c), when the value of the land or the cost of the installation and construction of a building, facility, structure, or other improvement, or both, has been or will be paid or provided for initially by the community or other public corporation, the CDC may enter into a contract with the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement, or both, by periodic payments over a period of years; and WHEREAS, the purpose of this resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on the Summary of Redevelopment Projects List ("Projects List"), attached hereto as Exhibit "A", for four (4) of the Redevelopment Project Areas on behalf of the CDC; and WHEREAS, pursuant to CCRL Section 33445(d), the obligation of the CDC under the Promissory Note, attached hereto as Exhibit "B", shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment projects for the Redevelopment Project Areas, which indebtedness may be made payable out of taxes levied in the Redevelopment Project Areas, and allocated to the CDC under CCRL Section 33670(b) or out of any other available funds; and WHEREAS, all of the prerequisites with respect to the approval of this resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Resolution No. 2009 — June 2, 2009 Page 2 1 The foregoing recitals are true and correct and are a substantive part of this resolution. 2. The Summary of Redevelopment Projects List, attached hereto as Exhibit "A", is approved. 3. The Promissory Note, attached hereto as Exhibit "B", is approved. 4. This resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution No. 2009 — June 2, 2009 Page 3 EXHIBIT "A" Summary of Redevelopment Projects List National City Redevelopment Project Areas FY 2008-2009 ROADWAY RESURFACING PROJECTS National City Downtown Project Area: $5,054,102 E. J. Christman No. 2 Project Area: 399,512 National City Harbor Project Area: 233,714 Center City Project Area: 142,672 Total Estimated Cost: $5,830.000 Resolution No. 2009 — June 2, 2009 Page 3 EXHIBIT "B" PROMISSORY NOTE Principal Amount $5,830,000.00 National City, CA , 2009 Promise to Pay. The Community Development Commission of the City of National City (the "CDC"), a public body, corporate and politic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay to the order of the City of National City, a California municipal corporation, duly organized and existing under the laws of the State of California (the "City"), the principal due pursuant to the terms of this Note. Purpose. The CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City. Since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman No. 1, E. J. Christman No. 2, South Bay Town and Country, Centre City, Downtown, Downtown Amended, and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"). This Note is being executed to evidence the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on Exhibit "A", the Summary of Redevelopment Projects List (the "Projects List") for four (4) of the Redevelopment Project Areas on behalf of the CDC. Interest Rate. This Note shall bear simple interest at a rate equivalent to the Local Agency Investment Fund ("LAIF") apportionment rate as determined by the office of the California Treasurer. For each year during the term of this Note, the interest rate for the applicable fiscal year shall be the LAIF apportionment rate published by the California Treasurer for June of each year. Term. Unless earlier repaid, any balance on this Note shall be due in full on the later of July 18, 2040 or the last date for the repayment of indebtedness for the Redevelopment Project Areas. Priority of Revenue. The CDC will repay the Note from net tax increment funds as these funds are available for such repayment. Net tax increment funds shall mean the net tax increment revenues, excluding any amount used to: a. Pay principal of, any premium on, and interest on any existing or future bonds or notes that are secured by a pledge of tax increment revenues generated from the Redevelopment Project Areas; b. Make payments to any taxing entity pursuant to a tax sharing agreement or statutory tax sharing formula pursuant to Sections 33607.5 and 33607.7; c. Pay the San Diego County property tax collection administrative fee; d. Contribute revenues to the Low- and Moderate -Income Housing Fund in the amounts required by the CCRL; and vso e. Fund the administrative expenses of the CDC, not to exceed the amount listed in the CDC's annually adopted budget. Repayment Schedule. Subject to the priority of revenue noted hereinabove, the CDC shall initiate repayment of the indebtedness evidenced by this Note on the later of July 18, 2025, or the last date for redevelopment plan effectiveness for the Redevelopment Project Areas. Payments and Pre -Payments. All payments under this Note shall be made in lawful money of the United States at the principal office of the City of National City, 1243 National City Boulevard, National City, CA 91950, or at such other place as may from time to time be designated by the City. All payments on this Note shall be applied first to the principal due on the Note and the remaining balance shall be applied to interest. The CDC may prepay, at any time, all or any part of the principal amount of this Note without any payment of penalties or premiums. IN WITNESS WHEREOF, the parties hereto have executed this Promissory Note as of the date first set forth above. ATTEST: By: Michael R. Dalla City Clerk CITY OF NATIONAL CITY By: Ron Morrison Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ATTEST: NATIONAL CITY By: By: Brad Raulston Ron Morrison Secretary Chairman City of National City, California COUNCIL AGENDA STATEMENT �.• MEETING DATE June 2, 2009 AGENDA ITEM NO. 19 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit Application for the Outdoor Storage of Vehicles at 1523 Wilson Avenue. (Applicant: Jess E. Van Deventer) (Case File 2009-03 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is a 5,750 square -foot vacant parcel on the west side of Wilson Avenue between 15"' and 16th Streets within the Light Manufacturing Residential (MLR) zone. The paved parcel has an eight -foot high chain link fence topped with razor wire around the north, east and west sides of the lot, and an industrial building to the south built to the property line. The lessee of the subject property (Sureride, Inc.) leases charter vans and buses with a capacity ranging from 9 to 57 passengers. Sureride would store the passenger vans, the largest of which is typically around 35 feet long, on the subject lot. There is an approximately 160 square -foot temporary office building on the site that would be removed, while a small 120 square -foot storage building would be constructed in the southeast corner of the lot. The proposed business will also clean their charter buses on site. The use of the property is consistent with General Plan as auto uses, including storage, are allowed in the Manufacturing zones. Planning Commission held a hearing on May 18, 2009, at which time Commissioners asked questions regarding the site in relation to the draft Westside Specific Plan. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 10-2009 2. Location Map 3. Site Photos 4. Reduced plans A-200 (9/99) RESOLUTION NO. 10-2009 A RESOLUTION OF'I'EEE PLANNING COMMISSION OF THE CTTY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF VEHICLES AT 1523 WILSON AVENUE. APPLICANT: JESS E. VAN DEVENTER. CASE FILE NO. 2009-03 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the outdoor storage of vehicles at 1523 Wilson avenue at duly advertised public hearings held on May 18, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-03 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 18, 2009, support the following findings: 1. The site for the proposed use is adequate in size and shape, since there is adequate area on the paved site for the storage of vehicles, in accordance with Land Use Code requirements. 2. The site has sufficient access to a major street that is adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the use is expected to generate a minimal amount of traffic for the area and since the property has adequate access to Wilson Avenue, a collector street and close proximity to freeway access would reduce the potential for additional bus traffic on neighborhood streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site has historically been used for the parking of vehicles, and since the main ingress and egress point of the property is on Wilson Avenue, on the opposite side of the property from nearby residences. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it provides for the leasing of mass transit buses and would reduce vehicle trips thereby increasing air quality and improving congestion on the roadways and freeways. 1 BE IT FURTHER RESOI,VED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional 1Jse Permit authorizes the storage of vehicles on a paved lot at 1523 Wilson Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A -Revised, Case file no. 2009-03 CUP, dated 4/15/2009. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Engineering/Stomiwatcr 6. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 7. An approved Storm Water Pollution Prevention Plan (SWPPP) will be required prior to occupancy. Fire 8. The project is to be designed, developed and constructed in compliance with the 2007 edition of the California Fire Code (CFC) and the 2007 edition of the National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 9. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established shall be maintained at all times. NNW 2 10. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 11. All access roads shall be no less than 20 feet wide (no parking on wither side), no less than 13 feet-6 inches high and shall have an all weather road surface with the ability to support 75,000 pounds or greater at all times. 12. All gates provided for access shall be a minimum of 20 feet wide for emergency traffic. Locks and chains shall be made readily available for Firc Department forcible entry. 13. Dead-end fire apparatus access roads in excess of 150 feet shall he provided with width and turnaround provisions in accordance with the CFC. 14. The grade shall meet National City Engineering Department criteria for tire apparatus access travel. Planning 15. All razor wire shall be prohibited and removed from the perimeter fencing. 16. All commercial vehicles stored on site shall utilize the driveway from Wilson Avenue for egress and ingress and be restricted from using the alley in the rear of the property. The rear gate shall be restricted to emergency use only. 17. Commercial vehicles shall be stored on the subject property and shall not be parked in the street over night and/or on weekends. BE [T FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning C'omiuission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 18, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: Al3SENT: ABSTAIN: CHAIRMAN 3 A4A3 A 44 MLR 144° ..% \ \ x•-) --- ,\s()2) __„:\ \-- A5v\-'. . _ ,_ ....\ \ AO .— ,\ \ ----....... - S. \ .--- _`..-- \ 1;:...! , \\ \\--- ------- --- ___ r"'.„.,, . 1 \ ,,, \ -- - 24 7, \ .---- • '•A \ 15A6 \ \, __......- ....- \ dr— (0 \ \r,...........-- ------ • 1.........; (P \ 0 ‘‘,,‘ . %\A• \ 1\ \ \- _\----- _ ...----- — . --:-\ •.\ \, 53\ \ co -- „164 \..-- ,. \\ ..•------ A , _ ', • , A , , —\- \ \ 0S-CZ \ \\ \ \ \ \ \ \A \ \ \ \, A> ‘.3 \ 0 \ \-- . \ \ A62-4 A6A9 \ \ \ - •\69 _\ \ \ \ A643 • „-- 50 0 50 100 Feet PROJECT LOCATION ZONE BOUNDARY AN LOCATION MAP 2009-03 CUP Conditional Use Permit for Vehicle Storage at 1523 Wilson Avenue NATIONAL CITY PLANNING DRN. DATT 5/6/09 INITIAL HEARING: 5/18/09 2009-03 CUP — 1523 Wilson Avenue — Site Photos Front entrance on Wilson Avenue Perimeter fencing showing razor wire 5 Rear gate looking west from alley Vehicle storage area looking west towards Wilson Avenue 6 ALLEY r .100 SCOPE OF WORK • apPLICANT IS HUNK:FOR C0140.110NAL VLE CPERAI'E s,urrcF SERVICE 3. a LEGAL DESCRIPTION A P5 5E3465-07,0U MAP 000:43 ELK,. LOTS F.. 5 4,4ie ) s y 1,--- . 1 . h 1 \ _ "-..,. Zr.N.crs.. tivILSON AVENUE • !DEVENTER 0 UJ cn Lu • City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 20 �EM TITLE Notice of Decision - Planning Commission Approval of a Conditional Use Permit For a Pawn Shop at 604 Highland Avenue. (Applicant: Francisco Anzar) (Case File 2009-05 CUP) PREPARED BY Martin eler, 336-4310 DEPARTMENT Planning EXPLANATION The project site is a 5,000 square -foot lot located at the southwest corner of Highland Avenue and East 6"' Street in the General Commercial (CG) zone. The lot is developed with a 719 square -foot commercial building, which is currently vacant. There are residential properties to the south and west and commercial uses including and a funeral home and a vacant commercial building to the east across Highland Avenue. There is a new commercial building under construction across 6th Avenue. The applicant is proposing to expand the existing commercial building by 781 square feet for a total of 1,500 square feet in order to establish a pawn shop. The expansion would be to the rear (west) of the building, as well as a new entry element on the north side. The project includes new landscaping, a trash enclosure and a six space parking lot for the use. Planning Commission held a hearing on May 18, 2009, at which time Commissioners asked questions regarding construction and the recommended conditions. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Several of the conditions were provided by the Police Department which is not in opposition to the request. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Rcif Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 11-2009 2. Location Map 3. Site Photos 4. Reduced plans A-200 (9/99) RESOLUTION NO. 11-2009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PAWN SHOP AT 604 HIGHLAND AVENUE. APPLICANT: FRANCISCO ANZAR. CASE FILE NO. 2009-05 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Pawn Shop at 604 Highland Avenue at duly advertised public hearings held on May 18, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-05 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 18, 2009, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the lot can accommodate the proposed building expansion and the required parking for the proposed pawn shop use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since it is located on Highland Avenue, an arterial street, and since the site is within and existing commercial area. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since a six-foot tall combination wood/stucco fence will be constructed along the south and west property lines, separating the use from adjacent residential properties, and since the use will function as a typical retail use in an existing commercial retail area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers, and since the business will provide a tenant for an otherwise vacant building. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1 General 1. 'Phis Conditional Use Permit authorizes a pawn shop at 604 highland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File No. 2009-05 CUP, dated 4/23/2009. 2 Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked upon the recommendation of the Police Department if the operator is found to be in violation of any state, or local law regulating pawnshops. Building 6. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 7. Exterior walls of the building and trash enclosure to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. Engineeringf Stormwater 8. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 9. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System 2 (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 10. A drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 11. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 12. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (sidewalk). All missing street improvements shall be constructed (Gutter on 6th Street). Abandoned driveway aprons (On 6th Street) shall be replaced with curb, gutter, and sidewalks. Street improvements shall be in accordance with the City Standards. 13. The existing handicapped ramp which is encroaching to Highland Avenue Street Right of Way/City Easement, shall be relocated to behind the property line. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 15. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. Fire 16. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. Planning 17. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning & Building Director prior to issuance of grading and/or building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices and shall indicate at a minimum 15 gallon street trees and/or eight foot brown trunk height palms. 18. A six-foot tall wood/stucco fence as shown on Conditional Use Permit plans shall be constructed prior to occupancy of the building. Details for the fence shall be included on construction plans. 19. The sale of firearms is prohibited at the site. 20. The proposed trash enclosure shall have a stucco exterior and be painted to blend with the main building. 3 Police 21. Security lighting for the parking lot and rear of the building shall be provided. A lighting plan to the satisfaction of the Police Department shall be provided as part of building permits. 22. The owner and proprietor of the pawn shop shall submit to a background check to the satisfaction of the Police Department. 23. The business shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to pawn brokers, at all times. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 18, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 4 50 0 50 100 Feet 5�0 522 PROJECT LOCATION 5�9 523 539 CG ZONE BOUNDARY LOCATION MAP 2009-05CUP Conditional Use Permit for a Pawn Shop at 604 Highland Avenue NATIONAL CITY PLANNING DRN. DATE 5/6/09 INITIAL HEARING: 5/18/09 2009-05 CUP -- 604 Highland Avenue Pawn Shop - Site Photos Existing building looking southwest Vir Rear of property looking south from 6th Street 0 c PL 100' PROPOSED BUILDING YJ2 EXTENSION1SQ.FT. Q.FT . CL PROPOSED FENCE SEE DETAIL /MK SIXTH AVE SITE PLAN EXISTING STRUCTURE i PROPOSED DRIVEWA PROPOSED I FENCE SEE DETAIL a SFR S FR r NATIONAL CITY PLANNING DEPT EXHIBIT A-Rcvised CASE FILE NO.. 2009-05 CUP DATE: 4/23/2009 LOT SIZE 5600 SQ.FT. 1 EXISTING STRUCTURE 719 SQ. FT PROPOSED EXTENSION 781 SQ.FT. PARKING 6 SPACES A— 1 CO 1 STUCCO TO MATCH BUILDING 0•511.0 311.0.1lAt DISPLAY AREA 6 STORAGE OFFICE VAULT LUNCH AREA ENTR)!J FENCE FLOOR. PLAN 1500 sq.li EXISTING STRUCTURE E. PROPOSED 11117;2_ o,—• as o• A- 2 0 tzl r C H 0 z Cn tzi H H 0 a monte de piedod 4OHNOron 9434t o pazrooz rzo�s� 00,N Y3nro F HOHA o. <z M � 0 ono z N !9 oSo ro NM}I YNN $$y0y Ob 8 8 0- Oft IP& 00. JrN cn 0 1-3 H trj z -SC 1-3 trj tli 1-3 H z H (40,o n ZiO E42H 0 '"P'4`0' 943,0 zu,.3? 0,0 Rox. V'82 -2 q0HP HZZO rq oo< Z Z MH to 0 ono Htnot+ z to 8 CZ: PLAN 005A,Nrs NANO: OVAN":15,/NE OE IA. No 2 ' 4 ANEGASTRou 90•15012C55•ANU4I ,2151 EN PALM 5 -10 B o5 A • C IA-NOREEN aMP.104.• 9,ROuRG A 5,(51543C4,I.r5 ,445511-ll ORCril, TREE 3- 2.1- SOX 0-0 2551G CBC. /51.0RENLNG C55.9,5 50-1 GA, 13 ,NA04E-001ERROu 5A555,5011)C5 STAR JAS5A1NE 26-5 “Al 1SGALON A 0RA005 PAM 4R410E55 2,- 5 CO,. 0 P4025135 00EB21.355n 05.50 PAIN 9 -15 GAL 13 iiT7G5N044UM TO13195 vAR5GGA, MOCK ORANGE :9-5 G. GAZA. A 4445.244A 0751.051 11389.iNG 4A2ANIA 5,019 12.33 oNiOGE C.5115. ,xclo 1:55,GCN G. • IS" 0 C 030440)430 CMENCRE SCAM , I ONG 5-5 Cu e • _ ROOT 9.10.I0 ( NON- 5,90ECR33A3.E) EXISTING SFR ONE STORY CL SIXTH AVE IJANDSCAPE PLAN NOTES 3.5.125451.5 Ntla•nroo5 AIVAS SNAAA. G04.92,5 5•15, 1st Go, ce ,445104501 01,S 5.1405565555 TNE (Nic o54ia.O.59•55 5.5001G-5519 2 ALL 1...05GAPB So., .A.1011AJW-0 ALC9.255.5.5 5,111- cirt q NAM.. OBV1S-ONNCSO 11105GABE 5,5NO.5.17 NC05 SAME., rou. .1•41' HIRAPSVOAR.. MOO, 6,1. *or 4.'N3MUM DISTANCE '0 S TREE T TREES 555,5,/, S•51.51.5 (S5o• 559.2•201*. MT, !ACM. orei, Gr., • S foot A8C.2 0.06.17, ,J55-11:5 51:11555-1VOZ5 •:o ,e,or 17.5.5-55,92NR•SAA0 root I4.10R45C00445 551,54Actr, 4414444424844 Ay:NNW • 2, feet S FR S FR 1! 1: LAND SCAPF: PLAN .1 1, — 1 r i . 1 1, ii City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 21 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit For the Sale of Alcohol and to offer Live Entertainment at the Marina Gateway Plaza Development at 700, 740 and 800 Bay Marina Drive. (Applicant: Aloha Restaurants, Inc.) (Case File 2009-07 CUP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project area is the Marina Gateway Plaza, a four story, 173-room hotel with a 16,000 square - foot retail commercial building and 4,000 square -foot restaurant adjacent to the hotel - all currently under construction. Buster's Beach I -louse is the future tenant of the restaurant space. Marina Gateway Plaza will contain 285 parking spaces with an additional 53 parking spaces available at the Santa Fe Rail Depot across Bay Marina Drive. The applicant proposes to sell beer, wine and distilled spirits at the restaurant, banquet facility, and hotel. Buster's Beach House will have 145 seats, 121 in the restaurant and 24 in the bar area located in the southwest corner of the restaurant. There will also be two patio areas, on the west and south sides of the restaurant, that will contain approximately 100 seats between the two. All alcohol would be stored at the Buster's restaurant and served by Buster's personnel. A mobile service cart would be deployed to the hotel and/or pool area, or the banquet facility as needed. Alcohol is proposed to be available for purchase from 7:00 a.m. to 1:30 a.m., in standard quantities (e.g., pitchers, bottles, draft, etc), and may be made without concurrent purchase of food. Buster's is also requesting to provide entertainment in the same areas that alcohol will be available. Entertainment would include karaoke and live entertainers for regular and special event business. Planning Commission held a hearing on May 18, 2009, at which time Commissioners asked questions regarding business and hotel operations as well as department comments. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 9-2009 3. Reduced plans 2. Location Map A-200 (9/99) RESOLUTION NO. 9-2009 A RESOLUTION OF TEIE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOI IOL AND TO OFFER LIVE ENTERTAINMENT AT THE MARINA GATEWAY PLAZA DEVELOPMENT AT 700, 740 AND 800 BAY MARINA DRIVE. APPLICANT: ALOHA RESTAURANTS, INC. CASE FILE NO. 2009-07 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit a for the sale of alcohol and to offer live entertainment at the Marina Gateway Plaza Development at 700, 740 and 800 Bay Marina Drive at duly advertised public hearings held on May 18, 2009, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2009-07 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State r.r law and City law, and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 18, 2009, support the following findings: l . That the site for the proposed use is adequate in size and shape, since the sale of beer, wine and distilled spirits for on -site consumption and live entertainment will be conducted at an approved hotel and restaurant, and no expansion is proposed to approved plans as a result of the added activities. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of alcohol sales and live entertainment is not expected to result in an appreciable increase in traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the hotel and restaurant are located in a redeveloping commercialfindustrial area and is more than 800 feet from the nearest residence and over 1600 feet from the nearest school. Also, conditions of approval controlling the sale and consumption of beer, wine and distilled spirits and live entertainment on site will reduce any potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the hotel and restaurant, and further the City's revitalization efforts for this area. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits for on -site consumption at the Marina Gateway Plaza. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2009-07 CUP, dated 4/1/2009. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 7:00 a.m. to 1:30 a.m. r/ 2 8. All alcoholic beverage products to be stored in the storage area and not accessible to the general public. 9. Premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits and the parking lot during hours of operation. Graffiti shall be removed within 72 hours. 10. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 11. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 12. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 13. Designated Driver Program information shall be available for all guests. 14. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. All live entertainment shall be in accordance with noise limits set forth in Title 12 of the National City Municipal Code. 17. No live entertainment shall be undertaken at the wetlands viewing area without the procurement of a Temporary Use Permit. Police 18. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. 3 The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 18, 2009, by the following vote: AYES: DeLaPaz, Farias, Baca, Alvarado, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CHAIRMAN 4 W 23rd St 0 v 1 0 D w o m I i Bay Marina Drive, ----1♦ 0I g a ( t E8 1 41 11 -yi 80 s Rio z ÷ — vU ; .,��.�2atNS� r pR\NE fi `N.i 6P'{ M----,---/!, • /� '�1M1/ itt NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2009-07 CUP DATE: 04/01/2009 AROH 6fTE PLAN NOTES SI/ 0 0 n u n 0 CID ARCMrrEOTURAL srrE PLAN 1 1 11 area wawa nu,111•941100-••UPCPas e arm urea,. Vanwas e Lifac aufa1 AWAY.. WV Watt fa 1 Pr▪ uas au ps sauna kaa• laerala pup LEGEND ////, POPP GLOM r,.woLT41r acmwe•. SVC COPE OPWORP.M. . canpu GENEFlAL NOTES , 81 ,111011.1111,1.0 3, DCpc.«wawa .cn.4 •axroe .. oc Rwa ne.iU.10- v.,..+,n-..e SO. Sal. CO.,' am g-UP•udadal CO.4.11acruP ••wa-+rnttw.tw aen•ci.m.aw, mwiuv un �eaiw- POWNJ tOCRInK„ .147., n(nY•no n.,c, PMlJNG StR W Y 'PK 1.~0 WOMB .n. OOI,Gt.00s.I: M•. t • if Wog...Cast 1/, r, e TOIL (WC ett •S u A1.1 la a J.prIMY.1 nar.w.rrNt SP/4M rrOV..•n NoN.,NS 0012.,iP941 0K17-.r',21,444.4"" r.al.i-02 >rar..,NJ1 Ma 1/OO..i�W4 r1(u�dN4'01r1� r401/,•944.A OM,../NOM rOP.,.NNu r4C.P.3. NIIr..i1441 r4Nr.r{rL04 Mw.i,NaW 0$0-af u wy.. >.w mrw.Van . ,•«,.w..>uy • j MARINA QATEW4 tIPI AZA HOTEL. !W CONNU1 Li ► MV,IW\ W:Dlllfe i NA710 WLL CITY, CXJFOIINM S1po lir iP '4,V EGRESS PLANS . j e, LP. I Eel ,., Yr1,....3.r Irlrf vYlt n > YIY.YIw4 YYMFOvII vKM.✓h YOIIJIdO rYItNIJ1 YYt.JIdq YYt.✓I.R rgr.MO iW.JIAr. S 7 Nl.fr.l.0il: tvar.!w.Lrnr� 0Y. A* Y. I001. 14•• . tn.* I P:AV N • You Owry 13110, *** Illy ll•uil 4010, .Imro+rn aw/ rw.•:rwOac wvl N • LEE & SAKAHARA ARCHITECTS AIA ARCNIEC11$11 KANO.G 117 10RS i MARINA GATEWAY PLAZA 1-1OTEL 2001 CLEVI ANO AVEIIUI NATIONAL CITY, CAWOANYA 01000 OVERALL FIRST FLOOR PLAN Gomm . •®m ►r\ 1m_ cfinc==== IC • i 1I 100 1.` [i© • 011 I eel no rffi in et DO UM ©U ELF ©o ArmAr 'AI AM= ~LINE ee g\ ieo! am l eo ©o e© ma .. , . T7JT.•r•;Te,. . •,-7.,1 .7.7 Pla mg: e© oo e© 11 00 GENERAL NOTES MON ....a.:w«. o.wo..+.m..0.411 44 FM i.A o.e m i.en•nt. 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ELEVATION KEYNOTES — DESCRIPTION FINISH SCHEDULE Mork M.nuhctwe.Fin Loh 1 DwoNFtbn �.d b.. 1' — - - — — - — — 0Si�6 a�een� mrsyy�� --LAP artfccei, 411 : STER'S RE TAURA llriArKINS A4 ;Mc '.113-g r,..."'"'"°•,,,, ..6.: lilt MS ru non $.,•t. re. • • • .32•IppylIVIVI 4.0110.1Mi I 344 04-41AOLkIVII INVN31 •faintovi 13nortve 1 il if v 2 0 DOOR SCHEDULE 00011 1101. Man PO PI • 114, P lot Vir 1100 O a O a a a O 0 O 0 0 0 00000 bofao a O0@03 O e0 000 00a O CI l / .ION PROW OOO.. 0 O ..a...onMwoa. ROOS RUM, *MOO. MO COCA nee ..a. iw. M.Y .Mt TV. • ....Y DOOR NOTES DOOR SCHEDULE KEYNOTES UST MP .1k NICTO. MM. vwg IDPOI Min Oi---- • nu..._ O — — 0 0 �-- 0 I....... /110.11I.13 AN..... ,.. r.a. O .•-- WALL LEGEND IFLOOR I WALL FINISH row 01.400, WOO. 16* YIN FLOOR Ph. KOMI 000 vim mom SYMBOL LEGEND 0 • NYINIModo ® --- O COM e 00.000 114, RESTAURANT RESTROOM PLAN a Ij FLOOR PLAN 3 T a Om. Crows � w oft Yin. Ms 001111111 MO MOW Al City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 22 ITEM TITLE RECOMMENDATION TO ENTER INTO AN AGREEMENT WITH PROJECT DESIGN CONSULTANTS TO PROVIDE CONSULTANT SERVICES FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN AND LAND USE CODE. PREPARED BY Raymond Pe, AICP 336-4250 DEPARTMENT Community Developme EXPLANATION On March 21, 2009, the City Council held a strategic planning and budget workshop, including a staff presentation for a conceptual approach to comprehensively update the General Plan, last updated in 1996. The Council and public provided comments, and there was general agreement with the approach to apply the Strategic Plan guiding principles and to conduct the community participation and planning process at the neighborhood level as defined by the elementary school attendance boundaries. The consultant scope of work for the update effort would also include the development of a smart code based on SANDAG smart growth polices to replace the current Land Use (zoning) Code. The process to update the General Plan and develop the implementing smart code will take approximately two years with adoption in late 2011. A request for qualifications was distributed to 14 consultant firms, of which five responded with statements of qualifications. Four firms were invited to interview and submit proposals; three firms accepted. Staff conducted interviews at each consultant's office and toured their proposed work space that is required to be dedicated for the City's use for the duration of the process. The recommended consultant was selected based on criteria including qualifications, approach, scope of work, and budget. Environmental Review NIA Financial Statement Not applicable for this action. Approved By: Finance Director Account No. STAFF RECOMMENDATION Direct staff to prepare a resolution and an agreement for consultant services for Council consideration. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Consultant List (The recommended consultant's proposal and statement of qualifications are available on the City website: http://www.nationalcityca.gov/index.aspx?page=450) A-200 (9/99) CONSULTANT LIST GENERAL PLAN AND LAND USE CODE UPDATE AND MEIR REQUEST FOR QUALIFICATIONS 04-21-2009 Interviewed EDAW, Inc. MIG, Inc. Project Design Consultants Declined to Interview Hogle-Ireland, Inc. Not Interviewed Pacific Municipal Consultants (PMC) No Submittal BRG Consulting, Inc. Crawford Multari & Clark Associates Design, Community & Environment (DC&E) Dyett & Bhatia LSA Associates, Inc. (LSA) The Planning Center RBF Consulting RRM Design Group Wallace Roberts & Todd LLC MEETING DATE: June 2, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 23 / ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,189,027.63 to the City of National City for the period of 04/29/09 through 05/05/09 PREPARED BY: Jeanette Ladrido, PA 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 1/1YY Approve the reimbursement of funds to the City of National City in the amount of $1,189,027.63 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A • 1 ATTACHMENTS (Listed Below) Warrants for the period the period of 04/29/09 through 05/05/09 • • -0- CALIFORNIA - Nair NATIONAL en? INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 45 5/5/2009 PAYEE BRG CONSULTING, INC CHRISTENSEN & SPATH LLP CITY OF CHULA VISTA COMMUNITY YOUTH ATHLETIC CTR CORPORATE EXPRESS DENNIS CUNNINGHAM, MAI ENVIRONMENTAL HEALTH COALITION FLORES SIERRA CONTRACTORS, INC KTU&A L.B. CIVIL CONSTRUCTION NAN MCKAY AND ASSOCIATES, INC. PYATOK ARCHITECTS INC ROMERO'S ROOFING SERVICE, INC SAN DIEGO HABITAT FOR HUMANITY SDG&E STEWART TITLE OF CA THE STAR NEWS NELLS FARGO BANK SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 9 4/7/2009 DESCRIPTION DOWNTOWN SPECIFIC 1441 HARDING - LEGAL SVCS BAY MARINA DR WIDENING- MAR 09 CHAMPS 4 LIFE DELINQUIENCY PREVENTIO OFFICE SUPPLIES - REDEV/HOUSING APPRAISALS FOR LOT 34 OF PACIFIC VIEW HEALTHY HOMES GRANT FUNDS-FEB09 DEMOLITION OF 1820 G AVE FEBRUARY 2009 SERVICES MARCH 2009 SERVICES S8 PIH ALERT & NEWSLETTER ACCESS WESTSIDE INFILL- PARADISE CREEK REPAIR ROOF OF OLD TRAIN DEPOT PROJECT DRAW DOWN-HOME FUNDS 1615 E 4TH ST 03/24 - 04/23/09 PW YARD INFILL- PARADISE CREEK REDEV ADVERTISING CREDIT CARD EXPENSE Start Date 4/29/2009 End Date 4/20/2009 End Date 5/5/2009 Check Date 4/29/2009 CHK NO DATE AMOUNT 226817 5/5/09 13,806.65 226818 5/5/09 60.00 226819 5/5/09 5,670.00 226820 5/5/09 36,410.97 226821 5/5/09 151.27 226822 5/5/09 300.00 226823 5/5/09 41,032.20 226824 5/5/09 32,183.05 226825 5/5/09 24,740.00 226826 5/5/09 56,273.04 226827 5/5/09 349.00 226828 5/5/09 3,050.00 226829 5/5/09 4,434.00 226830 5/5/09 191,447.00 226831 5/5/09 162.69 226833 5/5/09 1,500.00 226834 5/5/09 154.35 226836 5/5/09 209.70 A/P Total $ 411,933.92 694,045.25 83,048.46 GRAND TOTAL $ 1,189,027.63 CALIFORNIA N T999 .L env INCORPORATED -� COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 45 5/5/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 715,301.33 913.97 227,857.97 170,217.16 74,737.20 1,189,027.63 , . MEETING DATE: June 2, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO, 24 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $130,362.49 to the City of National City for the period of 05/06/09 through 05/12/09 PREPARED BY: Jeanette Ladrido, >> DEPARTMENT Finance Finance Director Qf (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 $130,362.49 • 1. STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A • 1 • ATTACHMENTS (Listed Below) Warrants for the period the period of 05/06/09 through 05/12/09 0- CALIFORNIA -(+ PAYEE BRIGGS TREE COMPANY FEDEX ICF JONES & STOKES KLEINFELDER, INC. MICHAL PIASECKI CONSULTING RAULSTON WADE & ASSOCIATES WHILLOCK CONTRACTING, INC. SECTION 8 SECTION 8 HAPS PAYMENTS NATIONAL CITy INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 46 5/12/2009 DESCRIPTION KRAUTER VESUVIUS PLANT SPECIAL MAIL HANDILING FEES WESTSIDE SPECIFIC PLAN EIR MARINA STORM DRAIN BILL THRU 4-26-09 CRYSTAL REPORTS UPDATE - APR 09 TRAVEL REIMB FOR CRA CONFERENCE BAY MARINA WIDENING 08-13 MARCH 2009 SSERVICES, SPEC 08-2 Start Date End Date 5/6/2009 5/12/2009 CHK NO DATE 226837 5/12/09 226838 5/12/09 226839 5/12/09 226840 5/12/09 226841 5/12/09 226842 5/12/09 226843 5/12/09 226844 5/12/09 AMOUNT 1,556.81 93.21 36,355.38 724.00 945.00 880.59 17,994.25 71, 813.25 A/) Total $ 130,362.49 0.00 GRAND TOTAL $ 130,362.49 -f— CALIFORNIA -{+ NATIONAL CITir INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 46 5/12/2009 511 TAX INCREMENT FUND 130,362.49 130,362.49 1/3 PAYEE BRIGGS TREE COMPANY FEDEX ICF JONES & STOKES KLEINFELDER, INC. MICHAL PIASECKI CONSULTING RAULSTON WADE & ASSOCIATES WHILLOCK CONTRACTING, INC. ALL FRESH AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS AUTO BEAUTY PRODUCTS BOOT WORLD CAPF CALBO CALBO CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALPERS CAMEON CHEVRON & TEXACO BUSINESS CARD CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CITY OF SAN DIEGO COAST CONTRACTING & DEV CONSTRUCTION ELECTRONICS INC. CORPORATE EXPRESS COX COMMUNICATIONS DELTA DENTAL DIXIELINE LUMBER CO. DOUCETTE ESGIL CORPORATION FAIR HOUSING COUNCIL OF SD FEDERAL EMERGENCY MANAGEMENT FEDEX FENTON FERGUSON ENTERPRISES, INC GROSSMAN PSYCHOLOGICAL ASSOC. HAMILTON MEATS & PROVISIONS HD SUPPLY HEALTH NET HEALTH NET HEALTH NET HEALTH NET HERNANDEZ HONEYWELL INC. I.D. SERVICES, INC. -0- CALIFORNIA - NATIONAL CITY INCORPORATED WARRANT REGISTER # 46 5/12/2009 DESCRIPTION KRAUTER VESUVIUS PLANT SPECIAL MAIL HANDILING FEES WESTSIDE SPECIFIC PLAN EIR MARINA STORM DRAIN BILL THRU 4-26-09 CRYSTAL REPORTS UPDATE - APR 09 TRAVEL REIMB FOR CRA CONFERENCE BAY MARINA WIDENING 08-13 MARCH 2009 SSERVICES, SPEC 08-2 FOOD/CONSUMABLES MOP #62683 SWEEPER REPAIRS FUEL FOR CITY FLEET AB PW-5. RED POLISH SOAP MOP #64096 SAFETY BOOTS FIRE/LTD MAY 2009 POSTDISASTER SAFETY ASSMT CLASS CBC ACCESSIBILITY & USABILITY CLASS BREAD PRODUCTS ELECTRIC SUPPLIES PD/LTD MAY 2009 ACTUARIAL VALUATION-EMP CONTRIBUTION SUBSISTENCE:INVESTIGATION COURSE MOP #45699 FUEL MONTHLY SHREDDING ANIMAL SHELTER COSTS SEWER TRANSPORTATION CHGS DEPOSIT #908 PLAZA VILLAGE COVERAGE MAINTENANCE MAY 2009 MOP45707 OFFICE SUPPLIES INTERNET DATA SVC 04/07-05/06/09 DENTAL INS MAY 2009 SUPPLIES FOR FACILITIES MAINT 125 PLAN REIMBURSEMENT FIRE DEPT PLAN CHECK SERVICES SUB -RECIPIENT AGREEMENT - CDBG EXCESS FUNDS RETURNED GRANT SPECIAL MAIL HANDILING FEES MEETINGS,TRAINING,COURT REIMB EXP MOP #45723 SUPPLIES PRE-EMP PSYCHOLOGICAL EXAMS MEAT PRODUCTS PLUMBING MATERIAL HEALTH INS H0067A MAY 2009 HEALTH INS MAY 2009 57135J HEALTH -FULL NETWORK 57135A HEALTH-RET INS H0067F MAY 2009 LIABILITY CLAIM COSTS MECHANICAL MAINTENANCE INK CARTRIDGES CHK NO DATE AMOUNT 226837 5/12/09 1,556.81 226838 5/12/09 93.21 226839 5/12/09 36,355.38 226840 5/12/09 724.00 226841 5/12/09 945.00 226842 5/12/09 880.59 226843 5/12/09 17,994.25 226844 5/12/09 71,813.25 226845 5/12/09 1,306.42 226846 5/12/09 346.45 226847 5/12/09 20,393.72 226848 5/12/09 67.43 226849 5/12/09 222.85 226850 5/12/09 592.00 226851 5/12/09 150.00 226852 5/12/09 150.00 226853 5/12/09 225.00 226854 5/12/09 314.72 226855 5/12/09 1,774.50 226856 5/12/09 200.00 226857 5/12/09 620.00 226858 5/12/09 85.07 226859 5/12/09 72.95 226860 5/12/09 8,204.31 226861 5/12/09 10,239.21 226862 5/12/09 804.00 226863 5/12/09 843.55 226864 5/12/09 1,047.72 226865 5/12/09 3,600.00 226866 5/12/09 14,702.20 226867 5/12/09 1,020.48 226868 5/12/09 358.75 226869 5/12/09 300.30 226870 5/12/09 9,500.00 226871 5/12/09 2,130.60 226872 5/12/09 46.75 226873 5/12/09 116.60 226874 5/12/09 936.36 226875 5/12/09 250.00 226876 5/12/09 2,275.33 226877 5/12/09 295.79 226878 5/12/09 69,795.41 226879 5/12/09 364.08 226880 5/12/09 13,200.87 226881 5/12/09 1,701.45 226882 5/12/09 1,000.00 226883 5/12/09 363.44 226884 5/12/09 244.69 2/3 4--F CALIFORNIA --* NATIONAL Ctrir INCORPORATED PAYEE IKON OFFICE SOLUTIONS/IOS JC TOWING JOHN DEERE LANDSCAPES JOSSE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS L N CURTIS & SONS LASER SAVER INC LASER SAVER INC LONG'S DRUG STORES LOPEZ MALLORY FIRE MCGUIRE DISTRIBUTION MEYERS/NAVE MICHAL PIASECKI CONSULTING NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH ORANGE COUNTY SHERIFFS DEPT ORIENTAL TRADING, CO., INC. PADRE JANITORIAL SUPPLIES, INC PERRY FORD PERVO TRAFFIC CENTER POWER HAWK TECHNOLOGIES, INC POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY RAND MCNALLY & CO. REED'S RESTAURANT EQUIP. SVC. REGIONAL COMMUNICATIONS SYSTEM RELIANCE STANDARD S & S RECREATION WORLDWIDE SAN DIEGO MIRAMAR COLLEGE SANDPIPA SASI SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. SOUTHWESTERN COLLEGE SULLIVAN SUN BADGE COMPANY INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT U S HEALTHWORKS WARRANT REGISTER # 46 5/12/2009 DESCRIPTION CHK NO DATE AMOUNT COPIER EQUIP LEASE PAYMENTS 226885 5/12/09 19,119.57 MOP #68862 TOWING CHARGES 226886 5/12/09 50.00 TURF SUPREME 50 LB. 226887 5/12/09 479.69 LIABILITY CLAIM COSTS 226888 5/12/09 1,000.00 KAISER INS ACTIVE MAY 2009 226889 5/12/09 134,079.95 KAISER RET INS MAY 2009 226890 5/12/09 5,537.15 PITOT BLADE FK25. 226891 5/12/09 117.98 INK CARTRIDGES 226892 5/12/09 190.31 PRINTER MAINTENANCE 226893 5/12/09 368.88 MOP 45727 UMBRELLA STANDS - CS 226894 5/12/09 80.06 TRANSLATION SVCS ON MAY 5, 2009 226895 5/12/09 200.00 BELT CLIP, MMR HOLDER, BBING 226896 5/12/09 78.84 DAIRY PRODUCTS 226897 5/12/09 592.60 MOU NEGOTIATIONS & LABOR ADVICE 226898 5/12/09 6,421.25 CRYSTAL REPORTS UPDATES- APR 09 226899 5/12/09 945.00 AUTOMOBILE PARTS 226900 5/12/09 219.48 MOP #72441 R&R POLICE VEHICLE SEATS 226901 5/12/09 431.32 CAR WASHES FOR CITY FLEET 226902 5/12/09 518.00 TUITION: BASIC HOMICIDE COURSE 226903 5/12/09 100.00 EASTER EGGS/GIFT BAGS/PUPPETS 226904 5/12/09 234.95 JANITORIAL SUPPLIES 226905 5/12/09 945.90 LABOR TO REPAIR ON V# 489. 226906 5/12/09 89.95 TRAFFIC PAINT, YELLOW, 55 GAL DRUM 226907 5/12/09 15,839.01 POWER PACK, 12V 226908 5/12/09 535.02 MOP #67839 PS31-950S 226909 5/12/09 86.83 SHARPENING SERVICE 226910 5/12/09 45.00 ANNUAL SOFTWARE MAINTENANCE 226911 5/12/09 1,616.66 MOP 45742 LAUNDRY - PD 226912 5/12/09 341.82 RAND MCNALLY TG DIGITAL EDITION 226913 5/12/09 2,120.63 SERVICE/REPAIR STEAMER 226914 5/12109 719.55 COMMUNICATIONS SYS MAR 2009 226915 5/12/09 18,065.93 VTL MAY 2009 226916 5/12/09 2,367.19 ALL TIME FAVORITES GAME PACK 226917 5/12/09 164.61 TUITION:REGL OFFICERS TRAINING 226918 5/12/09 30.00 WORKER'S COMP CLAIM COSTS 226919 5/12/09 23,625.00 P/R PROCESS CHGS 05/01-07/31/09 226920 5/12/09 216.00 MOP #45758 ULTRA LOW SULFUR 226921 5/12/09 81.00 TRAFFIC SIGNAL AND STREET LIGHTING 226922 5/12/09 20,445.04 REPLACEMENT CK 18197-PASS THRU PYMN 226923 5/12/09 283,833.00 SUBSISTENCE: INVESTIGATION COURSE 226924 5/12/09 620.00 BADGE REPAIRS, REBANNER 226925 5/12/09 68.27 STREET DIVISION 226926 5/12/09 540.35 FOOD/CONSUMABLES 226927 5/12/09 4,072.29 SUPPLIES FOR EQM DEPARTMENT 226928 5/12/09 68.09 LIFE & AD&D STD LTD MAY 2009 226929 5/12/09 9,969.30 LEGAL NOTICES ADVERTISING -APR 09 226930 5/12/09 518.40 W/C LOSS REPLENISHMENT 226931 5/12/09 45,219.73 PRE-EMP PHYSICALS 226932 5/12/09 232.00 0-• CALIFORNIA «-�- 3/3 PAYEE ULTIMATE STAFFING SERVICES UNDERGROUND SERV ALERT VEJAR VERIZON WIRELESS VERMEER PACIFIC VULCAN MATERIALS COMPANY WADE & ASSOCIATES WATERLINE TECHNOLOGIES SECTION 8 HAPS PAYMENTS yr CINCORPORATED J WARRANT REGISTER # 46 5/12/2009 DESCRIPTION TEMP EMP - NEIGHBORHOOD SVCS UNDERGROUND ALERT SERVICE LIABILITY CLAIM COSTS CELL PHONES 03/22 - 04/21/09 DRUM CHIPPER, TIER ENGINE SHEET AND COLD MIX ASPHALTS SAFE ROUTES TO SCHOOL MUNICIPAL POOL CHEMICALS Start Date End Date 5/6/2009 5/12/2009 CHK NO DATE AMOUNT 226933 5/12/09 1,008.70 226934 5/12/09 163.50 226935 5/12/09 802.00 226936 5/12/09 5,289.07 226937 5/12/09 26,175.38 226938 5/12/09 356.98 226939 5/12/09 8,196.75 226940 5/12/09 1,314.74 A/P Total 946,774.21 0.00 GRAND TOTAL $ 946,774.21 0-• CALIFORNIA —0 N ; DTI-, CITIV INCORPORATED Warrant Register # 46 5/12/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 166 NUTRITION 261 CDC DEBT SERVICE FUND 282 REIMBURSABLE GRANTS CITYWIDE 301 GRANT-C.D.B.G. 511 TAX INCREMENT FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 311,268.58 -1,333.38 594.19 1,240.00 2,552.75 11,411.98 234.95 10,182.09 283,833.00 2,665.62 9,500.00 130, 362.49 3,217.09 71,646.73 19,119.57 21,139.71 2,121.12 8,889.07 1,040.39 48,562.45 7,721.81 804.00 946,774.21 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE June 2, 2009 AGENDA ITEM NO. 25 ITEM TITLE A resolution of the Community Development Commission approving a summary of redevelopment projects list which includes roadway resurfacing projects and a promissory note between the City of National City and the Community Development Commission of the City of National City. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION The purpose of the attached resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of $5.83 million -worth of capital improvement projects within four (4) of National City's Redevelopment Project Areas. A detailed explanation of the effect of the resolution presented for consideration with this staff report is provided in the attached Background Report. Environmental Review Not Applicable. Financial Statement Staffs recommendation does not affect the current fiscal year budget; however, it does require the CDC to make future payments to the City on a subordinate basis consistent with the terms of the promissory note. J r STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 7b) Invest in infrastructure and aging public facilities identified by community priorities. ATTACHMENTS 1. Background Report 2. Resolution Resolution No. 1 ATTACHMENT 1 BACKGROUND REPORT The Community Development Commission of the City of National City (the "CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (§ 34100, et seq.). The CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City (the "City"). On November 16, 1969, the City Council (the "City Council") of the City adopted Ordinance No. 1233, which approved the City's first redevelopment plan. Since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman #1, E. J. Christman #2, South Bay Town and Country, Centre City, Downtown, Downtown Amended and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"). The purpose of this Resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on the Summary of Redevelopment Projects List for four (4) of the Redevelopment Project Areas on behalf of the CDC (see Exhibit "A" to the Resolution). Pursuant to CCRL § 33445(c), when the value of the land or the cost of the installation and construction of a building, facility, structure, or other improvement, or both, has been, or will be, paid or provided for initially by the community or other public corporation, the CDC may enter into a contract with the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement, or both, by periodic payments over a period of years. Pursuant to CCRL § 33445(d), the obligation of the CDC under the Promissory Note (see Exhibit "B" to the Resolution), shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment projects for the Redevelopment Project Areas, which indebtedness may be made payable out of taxes levied in the Redevelopment Project Areas and allocated to the CDC under CCRL § 33670(b) or out of any other available funds. The Note shall bear simple interest at a rate equivalent to the Local Agency Investment Fund ("LAIF") apportionment rate as determined by the office of the California Treasurer. For each year during the term of this Note, the interest rate for the applicable fiscal year shall be the LAIF apportionment rate published by the California Treasurer for June of each year. Unless earlier repaid, any balance on this Note shall be due in full on the later of July 18, 2040 or the last date for the repayment of indebtedness for the Redevelopment Project Areas. Page 2 The CDC will repay the Note from net tax increment funds as these funds are available for such repayment. Net tax increment funds shall mean the net tax increment revenues, excluding any amount used to: a. pay principal of, any premium on and interest on any existing or future bonds or notes that are secured by a pledge of tax increment revenues generated from the Redevelopment Project Areas; b. make payments to any taxing entity pursuant to a tax sharing agreement or statutory tax sharing formula pursuant to CCRL §§ 33607.5 and 33607.7; c. pay the San Diego County property tax collection administrative fee; d. contribute revenues to the Low- and Moderate -Income Housing Fund in the amounts required by the CCRL; and e. fund the administrative expenses of the CDC, not to exceed the amount listed in the CDC's annually adopted budget. Subject to the priority of revenue noted above, the CDC shall initiate repayment the indebtedness evidenced by this Note on the later of July 18, 2025 or the last date for redevelopment plan effectiveness for the Redevelopment Project Areas. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A SUMMARY OF REDEVELOPMENT PROJECTS LIST, WHICH INCLUDES ROAD RESURFACING PROJECTS, AND A PROMISSORY NOTE BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") is organized and existing under Part 1.7 of the California Health and Safety Code (Section 34100, et seq.); and WHEREAS, the CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City; and WHEREAS, on November 16, 1969, the City Council of the City of National City adopted Ordinance No. 1233, which approved the City's first redevelopment plan; and WHEREAS, since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman No. 1, E. J. Christman No. 2, South Bay Town and Country, Centre City, Downtown, Downtown Amended, and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"); and WHEREAS, pursuant to CCRL Section 33445(c), when the value of the land or the cost of the installation and construction of a building, facility, structure, or other improvement, or both, has been or will be paid or provided for initially by the community or other public corporation, the CDC may enter into a contract with the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement, or both, by periodic payments over a period of years; and WHEREAS, the purpose of this resolution is to confirm the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on the Summary of Redevelopment Projects List ("Projects List"), attached hereto as Exhibit "A", for four (4) of the Redevelopment Project Areas on behalf of the CDC; and WHEREAS, pursuant to CCRL Section 33445(d), the obligation of the CDC under the Promissory Note, attached hereto as Exhibit "B", shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment projects for the Redevelopment Project Areas, which indebtedness may be made payable out of taxes levied in the Redevelopment Project Areas, and allocated to the CDC under CCRL Section 33670(b) or out of any other available funds; and WHEREAS, all of the prerequisites with respect to the approval of this resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Resolution No. 2009 — June 2, 2009 Page 2 3. The foregoing recitals are true and correct and are a substantive part of this resolution. 4. The Summary of Redevelopment Projects List, attached hereto as Exhibit "A", is approved. 3. The Promissory Note, attached hereto as Exhibit "B", is approved. 4. This resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 2nd day of June, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution No. 2009 — June 2, 2009 Page 3 EXHIBIT "A" Summary of Redevelopment Projects List National City Redevelopment Project Areas FY 2008-2009 ROADWAY RESURFACING PROJECTS National City Downtown Project Area: $5,054,102 E. J. Christman No. 2 Project Area: 399,512 National City Harbor Project Area: 233,714 Center City Project Area: 142.672 Total Estimated Cost: $5.830,000 Resolution No. 2009 — June 2, 2009 Page 3 EXHIBIT "B" PROMISSORY NOTE Principal Amount $5,830,000.00 National City, CA , 2009 Promise to Pay. The Community Development Commission of the City of National City (the "CDC"), a public body, corporate and politic, duly organized and existing under the laws of the State of California, for value received, hereby promises to pay to the order of the City of National City, a California municipal corporation, duly organized and existing under the laws of the State of California (the "City"), the principal due pursuant to the terms of this Note. Purpose. The CDC functions as a redevelopment agency pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.; hereinafter, the "CCRL") and is responsible for the administration of redevelopment activities within the City of National City. Since redevelopment was instituted in National City, the City Council has adopted and amended redevelopment plans for the E. J. Christman No. 1, E. J. Christman No. 2, South Bay Town and Country, Centre City, Downtown, Downtown Amended, and 1995 Added Area (Harbor District) Redevelopment Areas (the "Redevelopment Project Areas"). This Note is being executed to evidence the CDC's monetary obligations to the City arising from the City's financing and development of the various capital improvement projects delineated on Exhibit "A", the Summary of Redevelopment Projects List (the "Projects List") for four (4) of the Redevelopment Project Areas on behalf of the CDC. Interest Rate. This Note shall bear simple interest at a rate equivalent to the Local Agency Investment Fund ("LAIF") apportionment rate as determined by the office of the California Treasurer. For each year during the term of this Note, the interest rate for the applicable fiscal year shall be the LAIF apportionment rate published by the California Treasurer for June of each year. Term. Unless earlier repaid, any balance on this Note shall be due in full on the later of July 18, 2040 or the last date for the repayment of indebtedness for the Redevelopment Project Areas. Priority of Revenue. The CDC will repay the Note from net tax increment funds as these funds are available for such repayment. Net tax increment funds shall mean the net tax increment revenues, excluding any amount used to: a. Pay principal of, any premium on, and interest on any existing or future bonds or notes that are secured by a pledge of tax increment revenues generated from the Redevelopment Project Areas; b. Make payments to any taxing entity pursuant to a tax sharing agreement or statutory tax sharing formula pursuant to Sections 33607.5 and 33607.7; c. Pay the San Diego County property tax collection administrative fee; d. Contribute revenues to the Low- and Moderate -Income Housing Fund in the amounts required by the CCRL; and e. Fund the administrative expenses of the CDC, not to exceed the amount listed in the CDC's annually adopted budget. Repayment Schedule. Subject to the priority of revenue noted hereinabove, the CDC shall initiate repayment of the indebtedness evidenced by this Note on the later of July 18, 2025, or the last date for redevelopment plan effectiveness for the Redevelopment Project Areas. Payments and Pre -Payments. All payments under this Note shall be made in lawful money of the United States at the principal office of the City of National City, 1243 National City Boulevard, National City, CA 91950, or at such other place as may from time to time be designated by the City. All payments on this Note shall be applied first to the principal due on the Note and the remaining balance shall be applied to interest. The CDC may prepay, at any time, all or any part of the principal amount of this Note without any payment of penalties or premiums. IN WITNESS WHEREOF, the parties hereto have executed this Promissory Note as of the date first set forth above. ATTEST: By: Michael R. Dalla City Clerk CITY OF NATIONAL CITY By: Ron Morrison Mayor COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ATTEST: NATIONAL CITY By: By: Brad Raulston Ron Morrison Secretary Chairman ITEM #26 6-2-09 Status Report — SANDAG Smart Growth Grant Application for the 8th Street improvement project (Engineering)