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HomeMy WebLinkAbout2013 06-04 CC HA AGENDA PKTRON MORRISON Mayor L UIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONAL CITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 04, 2013 — 6:00 PM MIL ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 6/4/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacibn en espaf of se proporciona durante sesiones del Consejo Municipal. Los audit fonos estfin disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 6/4/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS 1. Appointment to fill a vacancy to the Oversight Board pursuant to Health and Safety Code sections 34179(a)(7) and 34179(g). (Successor Agency) CONSENT CALENDAR 2. Approval of the Minutes of the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 30, 2013. (City Clerk) 3. Resolution of the City Council of National City accepting the work of Basile Construction, approving the final contract amount of $2,599,924.99, authorizing the release of retention and ratify the filing of a Notice of Completion for the 8th Street Utility Undergrounding and Sewer Replacement Project, Specification No. 11-04. Funded by General Fund (reimbursed by the 20A Utility Conversion Fund) and Sewer Fund. (Engineering) 4. Resolution of the City Council of the City of National City authorizing installation of five feet of red curb "No Parking" on both sides of driveway at 2933 E. 4th Street to enhance visibility and provide clearance from parked vehicles. (TSC-2013-06) ( Engineering) 5. Resolution of the City Council of National City authorizing the conversion of one unrestricted diagonal parking space in front of 1505 Hoover Avenue to a 30-minute, time -restricted parking space to increase parking turnover for customers. (Business: Coordinated Wire Rope of San Diego) (TSC- 2013-10) (Engineering) CC/CDC Agenda 6/4/2013 — Page 4 6. Resolution of the City Council of the City of National City ratifying amendment CT#2911 to Agreement CT #1752 with the National School District in the not -to -exceed amount of $125,000 for the National City Public Library to provide the Camp WINGS summer program at the National School District's seven school sites. (Library) 7. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement between the City of San Diego and City of National City to provide fire and emergency medical dispatch services for a term of 5 years starting on July 1, 2013 at a cost of $230,124. (Fire) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement with the City of Chula Vista for a total not to exceed amount of $337,439 to provide general animal control, shelter, and related administrative services to the residents of National City for an additional one (1) year term through Fiscal Year 2013-2014. (Police) 9. Investment Report for quarter ended March 31, 2013. (Finance) 10. Warrant Register #44 for the period of 04/24/13 through 04/30/13 in the amount of $1,625,995,85. (Finance) 11. Warrant Register #45 for the period of 05/01/13 through 05/07/13 in the amount of $1,273,229.16. (Finance) PUBLIC HEARINGS 12. A Public Hearing to consider an increase in the rate for refuse collection services, including recycling and yard waste, provided by EDCO Disposal Corporation. The proposed increase is $.83 per month for residential users and $5.48 for commercial users. The proposed increase is based on an increase in tipping fees charged by the County to dispose of National City's trash at the landfill, a decrease in revenue from recyclables sold, and an increase based on the San Diego Consumer Price Index of 2.71%. The proposed rate increase will have no financial impact on the City. (Public Works) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. (Public Works) CC/CDC Agenda 6/4/2013 — Page 5 14. Resolution of the City Council of the City of National City authorizing the installation of 165 feet of red curb "No Parking" and signage in front of 2303, 2311, and 2321 S. Lanoitan Avenue. (TSC-2013-07) 15. Resolution of the City Council of the City of National City authorizing safety enhancements on Cagle Street between Stockman Street and Menard Street including installation of all -way stop control at the intersection of Cagle Street and Menard Street. (TSC-2013-09) (Engineering) 16. Resolution of the City Council of the City of National City authorizing the installation of angle parking 20-foot long parallel parking stalls, and red curb at driveways to address vehicle storage issues involving large trucks and detached trailers on Haffley Avenue between W. 19th Street and Bay Marina Drive. (TSC-2013-08) (Engineering) NEW BUSINESS 17. Notice of Decision - Planning Commission approval of a Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit for a professional college in a retail commercial building located at 700 Bay Marina Drive. (Applicant: Marina Gateway Development Co.) (Case File 2013-07 PD, CUP, CDP) (Planning) 18. Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings every Tuesday of the month for one year from 12:00 noon to 1:30 pm for approximately 12-15 members. Applicant is requesting a waiver of $1,200.00 per council policy. (Public Works) 19. League of California Cities Annual Conference - Designation of Voting Delegate and Alternate(s). (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 20. Request for Proposals - On -Call Consultant Support Services for City CIP (Engineering) 21. Update on Safe Routes to School Program (Engineering) CC/CDC Agenda 6/4/2013 — Page 6 MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned National City Council/Community Development/Housing Authority of the City of National City Meeting - City Council Policy Workshop - Tuesday, June 11, 2013 - 6:00 p.m. - Council Chambers - National City, California. Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - June 18, 2013 - 6:00 p.m. - Council Chambers - National City, California. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO. ITEM TITLE: Appointment to fill a vacancy to the Oversight Board pursuant to Health and Safety Code sections 34179(a)(7) and 34179(g). PREPARED BY: Brad Raulston, Executive Director DEPARTMENT: PHONE: Ext. 4256 APPROVED B EXPLANATION: The current board member, Carlos Aguirre, is being promoted to management and will no longer be part of the recognized employee organization that represented the largest number of former redevelopment agency employees. The Mayor has the authority to appoint a replacement which is needed within 60 days of the resignation letter from Carlos Aguirre that is attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: .Appoint MEA represented employee to Oversight Board to fill seat vacancy BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Letter of Resignation creating vacancy 2. Memorandum to Council dated February 21, 2012 3. Memorandum to Council dated March 16, 2012 Attachment "1" Carlos Aguirre 2446 Calle Serena San Diego, CA 92139 May 22, 2013 Ron Morrison, Chairperson Oversight Board to the Successor Agency to the Community Development Commission as the City of National City Redevelopment Agency 1243 National City Blvd. National City, CA 91950 Dear Chairperson Morrison, Effective immediately, I am resigning from the Oversight Board to the Successor Agency to the Community Development Commission as the City of National City Redevelopment Agency. I appreciate the opportunity to serve on the Oversight Board and hope you and the other Board Members the very best. Cc: Brad Raulston, Executive Director, Successor Agency to the Community Development Commission as the National City Redevelopment Agency Leslie Deese, City Manager, City of National City Alfredo Marra, Community Development Manager, City of National City (Page 156 of 181) Attachment 2 Mayor Ron Morrison Council Members Alejandra Solelo-Solis Louis Natividad Mona Rios Rosalie Zarate k� Office of the City Attorney MEMORANDUM City Attorney Claudia Gaatua Silva Deputy City Attomey Jennifer Knight TO: Mayor and City Council DATE: February 21, 2012 FROM: City Attorney SUBJECT: Appointments to Oversight Board Established Pursuant to ABx 1 26 As you are aware, the state abolished redevelopment agencies pursuant to ABx1 26. As of February 1, 2012, redevelopment agencies ceased to exist and were replaced by successor agencies tasked with winding down affairs and carrying out enforceable obligations. The City's former redevelopment agency has been replaced with the entity known as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. ABx1 26, as part of the dissolution, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). Council inquired as to the appointment process for the two mayoral appointments. This memorandum addresses Council's question. 1. GENERALLY, THE POWER TO APPOINT BELONGS TO THE MAYOR, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL A. Government Code Section 40605 The City of National City is a general law city with an elected mayor. Accordingly, appointments to boards and commissions are made by the Mayor subject to the approval of the City Council. Government Code section 40605 specifically states: In general law cities where the office of mayor is an elective office .. . the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 1 Attachment 1 (Page 157 of 181) The appointment process stated above applies to local and regional boards, commissions, and committees, and applies to the oversight board created by ABx1 26. The caveat "unless otherwise specifically provided by statute" provides deference to state statutes specifically addressing individual boards, commissions, and committees. This caveat does not allow a general law city to adopt a local ordinance providing for an appointment process inconsistent with the Government Code provision above. 81 Ops. Cal. Atty. Gen. 75 (1998). For example, the San Diego Unified Port District was created by state statute (Harbors and Navigation Code), and specifically addresses the appointment process for that commission. The Harbors and Navigation Code requires commissioners to be appointed by their respective city council, thus the state statute specific to the Port would govern over the Government Code section discussing the appointment process for general law cities. Additional examples of appointment to boards or commissions established at the state level are found in the appointments to the Metropolitan Transit Development Board, the Library Board of Trustees, the Civil Service Commission, and the County Water Authority'. These various entity representatives are appointed pursuant to the specific process contained within the state statute. Thus, the state statute would govern over the general rule found in Government Code section 40605. B. Oversight Board Appointment Process The oversight board is composed of seven members. Those seven members are appointed by various entities or officials. Specific to the City of National City are two mayoral appointments to be made to the oversight board. Health and Safety Code section 34179(a)(2) provides for "[o)ne member appointed by the mayor for the city that formed the redevelopment agency." In addition, Health and Safety Code section 34179(a)(7) provides for "[o]ne member representing the employees of the former redevelopment agency appointed by the mayor ... from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time." As written, the state statute specifies the mayor to make these appointments. Neither references the legislative body as part of the process. Unlike the references found in the Education Code and Water Code regarding the need for consent of the legislative body, ABx1 26 does not make such reference. The Metropolitan Transit Development Board specifically requires the "City Council" to make the appointment to the board. Public Utilities Code section 120050.2. The Library Board of Trustees are to be "appointed by the mayor, ... with the consent of the legislative body of the municipality." Education Code section 18910. Civil service commission appointments are by the "legislative body." The County Water Authority requires the representatives from each public agency to be appointed "with the consent and approval of the legislative bodies of the public agencies, respectively." Water Code — Appendix section 45-6. Page 2 of 4 (Page 158 of 181) ABx 1 26 does not contain a reference to the legislative body consenting to the appointment; thus, one must determine whether the reference to the mayoral appointment was intended to fall within the general rule found in Government Code 40605 requiring approval of the city council or within the exception of "unless otherwise specifically provided." The most conservative and transparent process would be to have the mayoral appointments approved by the city council. Whether such approval is required by law is a remaining question. To answer the question, one must apply the principles of statutory construction. "When interpreting a statute our primary task is to determine the Legislature's intent. [citation]" Freedom Newspapers, Inc. v. Orange County Employees Retirement System (1993) 6 Cal. 4th 821, 826. The intent is determined by first looking at the "plain meaning" of the statute and giving effect to that "plain meaning" Kimmel v. Goland (1990) 51 Cal. 3d 202, 208-209. Part of such determination takes into account the Context in which the statute is written and reviewing other legislation on the subject, in effort to determine the intent. Ca!Vornia Teachers Association v. Governing Bd. Of Rialto Unified School District (1997) 14 Cal. 4( 627, 642. Health and Safety Code sections 34179(a)(2) and 34179(a)(7) make it clear who is to make appointments — the mayor. What is not clear is whether the lack of reference to the legislative body (which is referenced in other state statutes) was intended to mean that the appointment fell within the exception to Government Code section 40605 and did not require the approval of the respective city council. Certainly, the legislature is well versed in drafting legislation in whichappointments are to occur by the mayor subject to the approval of a city council. (See, footnote 2). Equally certain, "exceptions to the general rule of a statute are to be strictly construed." City of Lafayette v. Fast Bay Municipal Utility District (1993) 16 Ca1.App.4a' 1005,1017. Overall, while it is arguable that the appointments fall within the exception to Government Code section 40605, it is not definitive. Exceptions are to be narrowly construed, and generally, it is preferable to reconcile statutes with one another. If statutes cannot be reconciled, then the more specific takes precedence over the more general statute. Collection Bureau of San Jose v. Rumsey (2000) 24 Ca1.4th 301, 310. A paramount principal in statutory construction is to attempt to give effect to both statutes if possible. Conway v. City of Imperial Beach (1997) 52 Ca1.App.4a' 78, 84. If two statutes addressing the same subject can be harmonized, then both should be given concurrent effect. Garcia v. McCutchen (1997) 16 Ca1.4t 469, 478. In this instance, harmonization of ABx 1 26 and the Government Code is possible. Health and Safety Code sections 34179(a)(2) and (a)(7) specify that two appointments are made by the mayor to the oversight board. These provisions are silent on whether legislative approval is necessary. The lack of specificity in this regard is conducive to reconciling the provision with the general rule for mayoral appointments found in the Government Code. First, Government Code section 40605 is consistent with Health and Safety Code sections 34179(a)(2) and (a)(7) in that appointments are to be made by a mayor. Second, Government Code section 40605 elaborates where Health and Safety Code section 34179 is silent, in "unless otherwise specifically Page 3 of 4 (Page 159 of 181) provided," appointments arc made by the mayor subject to approval by the city council. Accordingly, both statutes can be given effect, based on the harmonization of the two code sections. C. City Council Policy Number 107 City Council Policy Number 107, entitled "Appointment to Boards arid Commissions," establishes the City's procedures in making appointments to City boards and commissions. The policy applies to our local boards and commissions, thus is inapplicable to the appointments to • the oversight board. - CONCLUSION The provisions ofABx 1 26 dictate that the mayor makes two appointments to the oversight board. It does not specifically refer to the legislative body approving such appointments.. Thus, one could argue that council approval is not requited because it falls within the exception to Government Code section. Overall, however, the statutes can be reconciled so that both are given effect. ABx1 26 sets forth the appointment is to be made by the mayor and Government Code section 40605 elaborates that all mayoral appointments are subject to approval by the city council, unless a specific statute provides otherwise. In harmonizing the statutes so both are given effect, the reasonable.interpretation of the statutes leads the mayoral appointments -of two members to the oversight board being subject to approval by the council. Page 4of4 (Page 309 of 315) Mayor Ron Morrison Council Members AleJandra Sotelo-Solis Louis Natividad Mona Rlos Rosalie Zarate CALIFORNIA .-4f- NATioNAL ary L-coarosa Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: City Attorney SUBJECT: Oversight Board Appointees and Vacancies Attachment 3 City Attorney Claudia Gacitua Silva Deputy City Attomey Jennifer Knight DATE: March 16, 2012 The City Council has asked the City Attomey to retum with further information regarding the appointment process applicable to the oversight board established pursuant to ABx1 26. Specifically, the City Council asked for: 1) further information regarding what occurs in the event of a vacancy to the oversight board; and, 2) further analysis regarding the ability to appoint "back-up" members in the case of a vacancy. Both of these questions are limited to the two appointments to the oversight board made by the Mayor. Lastly, the Council inquired into the possibility of a policy to address the appointment process, lists of employees, vacancies, alternates, and timelines. I. HEALTH AND SAFETY CODE SECTION 34179 GOVERNS THE OVERSIGHT BOARD APPOINTMENT PROCESS A. Health and Safety Code Section 34179(a) Addresses the Composition of the Oversight Board ABx1 26, as part of the dissolution of redevelopment agencies, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). The appointment process was previously discussed in a Memorandum to the Mayor and City Council, dated February 21, 2012. B. Health and Safety Code Section 34179(b) Addresses Vacancies Section 34179(b) states: The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by January 15, 2012, or any member position that remains vacant for more than 60 days. 1243 National City Boulevard;. National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 (Page 310 of 315) The date of January 15, 2012 has now been moved to May 15, 2012, as a result of the Supreme Court's ruling which extended deadline dates by four months. The deadline for the City to make its appointments to the oversight board is May 1, 2012. The May 151 date fails to account for actions which must be taken by the oversight board by April 15, 2012. Given that the oversight board must take certain actions by April 15, 2012 to comply with other ABx 126 deadlines, the City appointments have already occurred so that the oversight board can be seated as soon as a quorum is appointed'. The statute provides that the Governor does not make an appointment to fill a subsequent vacancy to the oversight board until 60 days have passed. Accordingly, should a vacancy occur to the oversight board, the appointing body has 60 days to fill that vacancy. Should the vacancy not be filled within that time frame, then the Governor may fill the appointment. Accordingly, the Mayor will have 60 days to fill an appointment should one or both of its members vacate their position. A position can be vacated either by resignation or removal. A member serves at the pleasure of the appointing entity. Health and Safety Code section 34179(g). There are not defined terms for members of the oversight board. C. "Back-up" Appointments to the Oversight Board ABx1 26 neither contemplates nor authorizes "alternate" appointments. Thus, an alternate member could not be appointed to serve on the oversight board in the manner alternate appointments typically serve. The Council inquired as whether "back-up" appointments could be made, should a vacancy occur, to avoid the loss of that appointment to the oversight board. There is a 60 day window to fill vacancies, thus the appointment would not be immediately lost should a vacancy occur. Thus, there is no direct advantage to making "back up" appointments. In the event the Mayor sought to pursue "back-up" appointments, it should be noted such appointee would not have any authority to act or participate on the oversight board. They could attend the meetings as a member of the public. In addition, a "back up" appointment would be viewed more advisory in nature, because should a vacancy occur in the future, the Mayor and Council sitting at the time of the vacancy have the power to appoint and approve, respectively. Lastly, should "back up" appointments be sought, two such appointments would need to occur (one for each mayoral appointee). Overall, there is sufficient time to appoint a member to the oversight board in the event of a vacancy. Appointing "back-up" members does not provide any greater opportunity to fill a vacancy than already exists in the legislation. As of the date of this Memorandum, the City has not yet been notified by the other appointing agencies about their appointments. We anticipate the County to make its appointments on April 3, 2012. In addition, we await formal notification of the appointments by the County Water Authority, the County Board of Education, and the Chancellor of the California Community Colleges. 2 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item (Page 311 of 315) D. Upcoming Deadlines The Council asked staff to identify the most immediate deadlines regarding ABx1 26. Below are the most immediate upcoming deadlines.•In addition, the previous presentation by Financial Advisor Michael Busch provided an exhaustive list of deadlines. April 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments in the six-month fiscal period. April 15, 2012: last day for ROPS and Administrative Budget to be approved by oversight board2. April 15, 2012: deadline to submit ROPS to the State Department of Finance, the State Auditor -Controller, and the County Auditor; and to post ROPS on Successor Agency website. May 1, 2012: deadline for all appointments to the oversight board May 1, 2012: deadline for Successor Agency to notify County Auditor -Controller if the total amount available to the SA is insufficient to fund the specified payments for the next six- month fiscal period. E. A Policy Could Be Adopted to Address the Appointment Process as long as such Policy Does Not Conflict with the Process Stated in ABx 1 26 or Government Code section 40605 Council inquired whether a policy could be adopted which addresses the appointment process for the oversight board. A policy could be adopted which supplements ABx1 26 and Government Code section 40605 (addressing appoints, generally), but it cannot conflict or contradict either provision. As ABx1 26 does address the vacancy issue, however, it does not appear that a policy is needed to address such circumstance. CONCLUSION The provisions of ABx 1 26 provide a 60 day window for appointments to occur to fill vacancies. If a vacancy is not filled in that time frame, then the Governor fills the vacancy. ABx1 26 does not provide for alternate members, thus alternates could not be appointed. Back-up appointments for vacancies could occur and would be advisory in nature. Lastly, a policy that does not conflict or contradict ABx1 26 or Government Code se tion 40605 could be adopted. CL R r IA ILVA City Attorn 2 In the event the oversight board does not have a quorum appointed and ready to meet, then the ROPS will need to be sent in draft form to the other entities with an explanation of the status. In addition, while the Administrative Budget does not have a stated deadline, it does need to be prepared in 6 month increments, thus it makes sense to prepare and submit this budget with the ROPS. 3 Oversight Board Appointees and Vacancies March 20, 2012 Agenda Item Item # 2 06/04/13 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITYOF THE CITY OF NATIONAL CITY OF APRIL 30, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT PREPARED BY: PHONE: EXPLANATION: See attached MEETING DATE: June 4, 2013 AGENDA ITEM NO. 3 ITEM TITLE: A Resolution of the City Council of National City accepting the work of Basile Construction, approving the final contract amount of $2,599,924.99, authorizing the release of retention and ratify the filing of a Notice of Completion for the 8th Street Utility Undergrounding and Sewer Replacement Project, Specification No. 11-04. Funded by General Fund (reimbursed by the 20A Utility Conversion Fund), and Sewer Fund. Barby Tipton DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Retention is encumbered on Purchase Order 75864 and will be release upon Council approval. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation z. Notice of Completion 3. Final Contract Balance Sheet 4. Resolution On March 6, 2012, six bids were received and opened for the 8th Street Undergrounding and Sewer Replacement Project, Specification No. 11-04. The lowest responsive bidder was Basile Construction, Inc., with a proposed bid amount of $2,386,365.49. Staff checked the provided references and found that Basile Construction, Inc. was qualified to perform the work as detail in the specification. The City Council adopted Resolution No. 2012-67 awarding the contract to Basile Construction, Inc. on March 20, 2012. The Notice to Proceed with construction was issued for April 23, 2012. The Notice of Completion was issued on February 14, 2013, and filed with the San Diego County Recorder's Office on March 4, 2013. The 30 change orders issued for this project are detailed in the Final Contract Balance Report (attached). The 30 change orders increased the contract by $305,309.56 and line item changes decreased the contract by $91,750.06, for a net increase of $213,559.50 to the contract. This results in a nine percent contract increase for a final contract balance of $2,599,924.99. Staff recommends that Council approve the final contract amount, authorize the release of retention in the amount of $129,424.57 and ratify the filing of the Notice of Completion. CORDING REQUESTED BY: CITY ENGINEER CITY OF NATTONAL`CITY 1243 National City Blvd. National -City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 ooca zoisoiassio IIII�W WVIVIIIIIIIN Iltllllflllllll IMIVMmI��I@NII MAR w.mia 11:28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr.. COUNTY RECORDER FEES: 0,00 PAGES. 2 1111111IIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111II THIS SPACE FOR RECORDER'S USE ONLY (Note: This document is recorded on behalf of the City of National City, a municipal corporation, and is exempt from Recorder's fees pursuant to Government Code Section 27383) NOTICE OF COMPLETION: National City 8th Street Utility Undergrounding and Sewer Replacement Project, FY 11-12, Specification No. 11-04 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -1- RECORDING REQUESTED BY WHEN RECORDF„ D MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on February 14, 2013, of: 8th Street Utility Undergrounding and Sewer Replacement Project, FY 11-12, Specification No. 11-04 Work of improvement or portion of work of improvement under construction or alteration. East 8thStreet• National City, CA Street address City State 91950 Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Basile Construction, Inc. Name of Original Contractor ' The following work and material were supplied: Preparation of utility infrastructure, PVC piping, portland cement concrete, asphalt concrete. Labor groups include laborers, operators, and pipe installers. General statement of kind of labor, services, equipment or materials The names and addresses of co -ow ers are: N/A. Joint tenants, tenants in common, or oth r -rs Dated: February 14, 2013 R orrison, Mayor City o 1 ational City, 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned, say: I have read the foregoing Notice of Completion, and know the, contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on February 14, 2013, at National City, California. Signatur ON MORRISON, MAYOR -2- FINAL CONTRACT BALANCE RETENTION REDUCTION DATE: May 13, 2013 PROJECT: TO: 8th Street Undergrounding and Sewer Replacement, Specification No. 11-04 Basile Construction, Inc 7952 Armour Street San Diego, CA 92111 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $2,386,365.49 May 7, 2012 January 28, 2013 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 180 working days 0 working days 180 working days This Final Contract Balance reports final line item amounts and summarizes all changes to produce a final contract amount. Please see Attachment "A" to this Final Contract Balance. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided for the removal of line items for Media 3 utility company as they were removed from the utility undergrounding project. This Change Order removed Media 3 Line Items from the original contract. This is a zero sum change order the decrease for which is reflected in line items 41(S)-44(S) below. Change Order #2 provided for the undergrounding of Access Cable utilities by furnishing and installing 2" CATV conduit in a trench under D Avenue from the south side of the 8th Street to the north side of 8th Street which was not included in the original plans. This Change Order increased the total contract amount by $2,304.28. Change Order #3 provided for the installation additional joint trench due to an existing abandoned asbestos cement waterline pipe (ACP) that was not shown on the original plans. This Change Order increased the total contract amount by $5,652.03. -3- FINAL CONTRACT BALANCE 8th Street Undergrounding and Sewer Replacement Specification No. 11-04 Change Order #4 provided for hand excavations not calculated in the Contractor's bid price due to unmarked abandoned utility conduits not shown as existing on the original plans. This Change Order increased the total contract amount by $398.07. Change Order #5 provided for the relocation of an angled sewer lateral to be installed perpendicular to the sewer main connection point in order to comply with the City's sewer lateral installation standard. This Change Order increased the total contract amount by $707.76. Change Order #6 provided for potholing at multiple locations to determine the location of sewer lateral that did not comply with the City's sewer lateral installation standard. This Change Order increased the total contract amount by $1,618.49. Change Order #7 provided for hand excavations not calculated in the Contractor's bid price due to an unmarked abandoned utility conduit that was not shown as existing on the original plans. This Change Order increased the total contract amount by $720.89. Change Order #8 provided for the installation of higher capacity Cable TV vaults at the request of COX Communications and COX agreed to fully compensate the City for the cost of this change order. The Change Order increased the total contract amount by $6,940.18. Change Order #9 provided for the removal and disposal of unsuitable subgrade and the importation of suitable subgrade. This Change Order increased the total contract amount by $1,803.74. Change Order #10 provided for the installation of underground utilities on the southeast corner of the Harbor View Condo Project on 8th Avenue and D Street. This Change Order increased the total contract amount by $6,126.80. Change Order #11 provided for the removal of additional existing electrical conduit that was not shown as existing on the original plans. This Change Order increased the total contract amount by $2,817.69. Change Order #12 provided for a locking manhole cover required by City safety standards but not called for in the original contract. This Change Order increased the total contract amount by $247.83. Change Order #13 provided for additional soil excavation and placement of a larger shoring box to remove an encased 18" drop sewer main not shown as existing on the original plans. The Change Order increased the total contract amount by $3,308.78. Page 2 -4- FINAL CONTRACT BALANCE 8th Street Undergrounding and Sewer Replacement Specification No. 11-04 Change Order #14 provided for time and materials for breaking and removing of unmarked concrete encased drop sewer mains. This Change Order increased the total contract amount by $5,675.93. Change Order #15 provided for time and materials for the completion of the removal of unmarked concrete encased drop sewer mains. This Change Order increased the total contract amount by $3,437.17. Change Order #16 provided for the removal of additional oversaturated subgrade and the pumping out of additional fluid due to an unmarked old concrete sewer main. This Change Order increased the total contract amount by $5,381.95. Change Order #17 provided for the installation of a concrete plug in the unmarked existing sewer main. This Change Order increased the total contract by $746.10. Change Order #18 provided for the removal and disposal of an unmarked existing sewer main and unsuitable subgrade and replacement with 82 tons of suitable import material. This Change Order increased the total contract by $6,441.92. Change Order #19 provided for the adjustment of AT&T line item quantities to reflect actual quantities installed. This Change Order increased the total contract by $81,897.96. Change Order #20 provided for the adjustment of SDG&E line item quantities to reflect actual quantities installed. This Change Order increased the total contract by $136,281.27. Change Order #21 provided for the installation of three (3) additional lighting units in the lighted crosswalk at 8th Street and E Avenue to restore crosswalk to fully functioning condition. This Change Order increased the total contract by $13,649.55. Change Order #22 provided for the removal and reconnection of sewer laterals not shown as existing on the original plans. This Change Order increased the total contract by $2,943.03. Change Order #23 provided for the Contractor to locate an unknown "Y" connection at the private property line so a perpendicular lateral could be installed. This Change Order increased the total contract by $362.23. Change Order #24 provided for the removal and reconnection of a sewer lateral from the private property connection to the sewer main. This Change Order increased the total contract of $893.39. Page 3 -5- FINAL CONTRACT BALANCE 8`h Street Undergrounding and Sewer Replacement Specification No. 11-04 Change Order #25 provided for the installation of the SS Straps, SS Anchor Bolts, and application of epoxy to maintain the sewer pipe installed inside manholes MH264, 60, & 60A to accommodate the elevation changes at these manholes. This Change Order increased the total contract by $3,346.46. Change Order #26 provided for the removal of five (5) 3312 handholes and the installation of one (1) 3311 handhole (single) and four (4) 3311 handholes (double). This Change Order increased the total contract by $2,467.50. Change Order #27 provided for the installation of 3' x 5' pull boxes at 2 locations instead of 2' x 3' pull boxes called for in the contract. This Change Order increased the total contract by $4,032.00. Change Order #28 provided for an additional move on to complete Change Order #10 due to a delay by SDG&E in setting a utility pole. This Change Order increased the total contract by $525.00. Change Order #29 provided for an adjustment in bond costs incurred by the Contractor due to additional work. This Change Order increased the total contract by $2,089.78. Change Order #30 provided for additional excavations and the installation of four sewer sleeves due to conflicts with proposed dry utilities. This Change Order increased the total contract by $2,491.78. Line Item #4, "Remove and replace sidewalk repairs", was decreased by 1,000 SF for a decrease in the total contract of $12, 310.00. Line Item #7, "Protection post installation per SDRSD", was increased by 7 EA for an increase in the total contract amount of $2,471.70. Line Item #36(S), "Trench for CATV only", was decreased by 224 LF for a decrease in the total contract amount of $13,901.44. Line Item #37(S), "Furnish and install CATV(1)-3" conduit", was decreased by 896 LF for a decrease in the total contract amount of $2,204.16. Line Item #38(S), "Furnish and install CATV(1)-2" conduit", was decreased by 1,566 LF for an increase in the total contract amount of $2,599.56. Line Item #41(S), "Furnish and install CATV(1)-3" conduit", was decreased by 60 LF for a decrease in the total contract amount of $147.60. Line Item #42(S), "Furnish and install CATV(1)-2" conduit", was decreased by 18,390 LF for a decrease in the total contract amount of $30,527.40. Page 4 -6- FINAL CONTRACT BALANCE 86 Street Undergrounding and Sewer Replacement Specification No. 11-04 Line Item #43(S), "Furnish and Install CATV SGL 17"x30"x12"", was decreased by 15 EA for a decrease in the total contract amount of $9,469.50. Line Item #44(S), "Furnish and Install CATV DBL 17"x30"x24", was decreased by 9 EA for a decrease in the total contract amount of $6,596.55. Line Item #48, "Replace 10" PVC Sewer Main (less than 6' depth)", was decreased by 92 LF for a decrease in the total contract amount of $12,731.88. Line Item #49, "Replace 8" PVC Sewer Main (6'-10' depth)", was decreased by 16 LF for a decrease in the total contract amount of 1,820.16. Line Item #50, "Replace 10" PVC Sewer Main (6-10' depth)", was increased by 65 LF for an increase in the total contract amount of $6,777.55. Line Item #52, "Replace 15" PVC Sewer Main (6-10' depth)", was decreased by 23 LF for a decrease in the total contract amount of $2,555.76. Line Item #53, "Replace 15" PVC Sewer Main (10-20' depth)", was increased by 5 LF for an increase in the total contract amount of $851.35. Line Item #54, "Replace 21" PVC Sewer Main (10-20' depth)", was decreased by 13 LF for a decrease in the total contract amount of $7,638.96. Line Item #55, "Install 6" PVC Sewer Laterals SDARSD SS-01", was increased by 47 LF for an increase in the total contract amount of $5,266.35. Line Item #57, "Install Sewer Manhole SDARSD SM-02 (6'-10' depth) with Manhole Cover M-3", was increased by 1 EA for an increase in the total contract amount of $9,162.29. Line Item #60, "Sewer Main Concrete Encasement, SDARSD SP-03", was increased by 20 LF for an increase in the total contract amount of $951.20. Line Item #61, "Remove and Replace Cross Gutter SDARSD G-12", was increased by 224 SF for an increase in the total contract amount of $299.52. Line Item #62, "Replace Survey Monument SDARSD M-10", was increased by 1 EA for an increase in the total contract amount of $1,248.00. Line Item #65, "Remove, Dispose & Replace Unsuitable Backfill Material", was increased by 916.37 for an increase in the total contract amount by $26,070.73. Line Item #66, "Remove and Replace Sidewalk, SDARSD G-7", was increased by 282 SF for an increase in the total contract amount of $2,089.62. Page 5 -7- FINAL CONTRACT BALANCE 8th Street Undergrounding and Sewer Replacement Specification No. 11-04 Line Item #68, "Asphalt Rubber Hot Mix Overlay", was decreased by 55.52 TONs for a decrease in the total contract amount of $7,820.34. Line Item #69, "Asphalt Concrete Dig -outs and Replacement", was decreased by 174.74 TONs for a decrease in the total contract amount of $28,971.89. Line Item #70, "Remove, Disposal & Replace Unsuitable Sub -grade Material", was decreased by 100 TONs for a decrease in the total contract amount of $7,856.00. Line Item #72, "Remove & Replace 6"-8" Curb and Gutter, SDARSD G-2", was decreased by 19 LF for a decrease in the total contract amount of $823.08. Line Item #73, "Remove & Replace Drive Way, SDARSD 0-14", was increased by 20 SF for an increase in the total contract amount of $273.60. Line Item #74, "Remove & Replace Cross Gutter, SDARSD G-12", was increased by 59 SF for an increase in the total contract amount of $807.12. Line Item #75, "Remove & Replace Pedestrian Ramps (all types as required)", was decreased by 2 EA for a decrease in the total contract amount of $5,244.00. CONTRACT ADJUSTMENT: As a result of the above change orders, the contract price is adjusted as follows: 1. The final contract price is adjusted to $2,599,924.99. 2. As a result of the satisfactory completion of said project, a retention amount of $129,424.57 is set for payment upon the City Council's authorization to release the retention. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Basile Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 6 -8- City of National City 8th Street Utility Undergrounding and Sewer Replacement Specification No. 11-04 Final Contract Balance, Attachment "A" May 13, 2013 Original Contract To Date Delta" No. Item Unit Quantity Unit Price Amount Quantity Amount GENERAL WORK FOR DRY UTILITY WORK 1 1 Mobilization/Demobilization LS 1 5,671.00 5,671.00 1.00 5,671.00 _ 2 SWPPP Implementation LS 1 5,344.65 5,344.65 1.00 5,344.65 _ 3 Traffic Control LS 1 12,759.75 12,759.75 1.00 12,759.75 4 Remove and Replace Sidewalk Repairs SF 1,000 12.31 12,310.00 - - (12,310.00) 5 Protection and Restoration of Private Improvements LS 1 16,756.20 16,756.20 1.00 16,756.20 6 6 Shoring and Bracing LS 1 4,815.00 4,815.00 1.00 4,815.00 7 7 Protection Post Installation per SDRSD WM-04 EA 20 353.10 7,082.00 27.00 9,533.70 2,471.70 8 8 Construction Staking LS 1 8,881.00 8,881.00 1.00 8,881.00 9 9 Replace Traffic Signal Loop EA 50 251.45 12,572.50 50.00 12,572.50 10 Replace Signing, Striping and Pavement LS 1 9,737.00 9,737.00 1.00 9,737.00 ELECTRIC UNDERGROUNDING (SDG&E) 11(S) Mainline Joint Trench LF 6,250 79.18 494,875.00 6,250.00 494,875.00 12(S) Private Property Service Trench LF 930 28.89 26,867.70 930.00 26,867.70 13(S) Furnish and Install Electric Conduit, 5" LF 1,280 4.92 6,297.60 1,280.00 6,297.60 14(S) Furnish and Install Electric Conduit, 4" LF 8,550 4.01 34,285.50 8,550.00 34,285.50 15(S) Furnish and Install Electric Conduit, 3" LF 5,420 2.73 14,796.60 5,420.00 14,796.60 16(S) Furnish and Install Electric Conduit, 2' LF 130 1.82 236.60 130.00 236.60 17(S) Furnish And Install Electric Handhole EA 6 251.45 1,508.70 6.00 1,508.70 - 18(S) Furnish And Install Electric Handhole Equipment Enclosure 3313 HH with Traffic EA 5 1,578.25 7,891.25 5,00 7,891.25 19(S) Furnish And Install Electric Handhole Equipment Enclosure 3313 HH with Parkway EA 2 1,535.45 3,070.90 2.00 3,070.90 20(S) Furnish And Install Electric Handhole Equipment Enclosure 3314 HH with Parkway EA 1 6,896.15 6,896.15 1.00 6,896.15 21(S) Furnish And Install Electric Handhole Equipment Enclosure 3315 HH with Parkway EA 1 9,399,95 9,399.95 1.00 9,399.95 22(S) Furnish and Install Electric Transformer 3427 Concrete Pad EA 1 2.819.45 2,819.45 1.00 2,819.45 23(S) Fumish And Install Electric 3316 HH with Traffic Cover EA 3 11,984.00 35,952.00 3.00 35,952.00 24(S) Fumish and Install Electric Handhole EA 14 770.40 10,785.60 14.00 10,785.60 25(S) Fumish And Install Electric 3316 HH with EA 1 12,385.25 12,365.25 1.00 12,385.25 _ 26(S) Fumish And Install Electric Transformer 3421 19 572.45 10,876.55 19.00 10,876.55 27(S) Adjust Handhole to Finished Grade EA 6 802.50 4,815.00 6.00 4,815.00 28(S) Concrete Encasement LF 6,950 9.10 63,245.00 6,950.00 63,245.00 COMMUNICATIONS (ATS7) UNDERGROUNDING 29(S) Trench for Telco Only LF 775 62.06 48,096.50 775.00 48,096.50 30(S) Furnish and Install Telephone 2" Conduit LF 980 1.82 1,783.60 980.00 1,783.60 31(S) Furnish and Install Telephone 4' Conduit LF 5,220 3.42 17,852.40 5,220.00 17,852.40 32(S) Furnish and Install Telephone CMPH w/ EA 2 920.20 1,840.40 2.00 1,840.40 33(S) Furnish and Install Telephone CPLM12 EA 4 624.88 2,499.52 4.00 2,499,52 • 34(S)F Burnish and Install Telephone Pullbox 2' x 3' x 5 1,888.55 9,442.75 5.00 9,442.75 35(S) Furnish and Install Telephone Pullbox 3'x5'x4' 1 3,086.95 3,086.95 1.00 3,086.95 COMUNICATIONS (CO)Q UNDERGROUNDING 36(S) Trench for CATV Only LF 500 62.06 31,030.00 276.00 17,128.56 (13,901.44) (2,204.16) 37(S) Fumish and Install CAN (1)-3" Conduit LF 980 2.46 2,410.80 84.00 _ 206.64 -9- 38(S) Furnish and Install CATV (1)-2" Conduit LF 20,650 1.66 34,279.00 22,216.00 36,878.56 2,599.56 39(S) Furnish and Install CATV SGL 17"x30"x12" EA 15 631.30 9,469.50 15.00 9,469.50 - 40(S) Furnish and Install CATV DBL 17"x30"x24" EA 9 732.95 6,596.55 9.00 6,596.55 - COMMUNICATIONS (MEDIA 3) UNDERGROUNDING (147.60) 41(S) " L.F 60 2.1G --^ +ten+en 42(S) Furnish and Install CATV (1)- 2" Conduit LF 18,750 1.66 31,125.00 360.00 597.60 (30,527.40) " EA 46 631.30 --74€0 0 (9,469.50) 43(S) (6,596.55) 441S) TV GA 9 - 32 96 6,606.6* GENERAL WORK FOR STREET IMPROVEMENTS BETWEEN HIGHLAND AVENUE & K ST AND ALL SEWER WORK 45 Mobilization/Demobilization LS 1 104,615.89 104,615.89 1.00 104,615.89 - 46 Traffic Control LS 1 14,945.25 14,945.25 1.00 14,945.25 - SEWER REPLACEMENT 47 Shoring and Bracing LS 1 16,370.07 16,370.07 1.00 16,370.07 - 48 Replace 10" PVC Sewer Main (less than 6' LF 202 138.39 27,954.78 110.00 15,222.90 (12,731.88) 49 Replace 8" PVC Sewer Main (6'-10' depth) LF 995 113.76 113,191.20 979.00 111,371.04 (1,820.16) 50 Replace 10" PVC Sewer Main (6-10' depth) LF 1,193 104.27 124,394.11 1,258.00 131,171.66 6,777.55 51 Replace 15" PVC Sewer Main (less than 6' LF 330 140.13 46,242.90 330.00 46,242.90 52 Replace 15" PVC Sewer Main (6-10'depth) LF 464 111.12 51,559.68 441.00 49,003.92 (2,555.76) 53 Replace 15" PVC Sewer Main (10-20' depth) LF ' 240 170.27 40,864.80 245.00 41,716.15 851.35 54 Replace 21" PVC Sewer Main (10-20' depth) LF 67 545.64 36,557.88 53.00 28,918.92 (7,638.96) 55 Install 6" PVC Sewer Laterals SDARSD SS-01 LF 1,750 112.05 196,087.50 1,797.00 201,353.85 5,266.35 56 Install Sewer Manhole SDARSD SM-02 (less EA 3 9,377.56 28,132.68 3.00 28,132.68 57 Install Sewer Manhole SDARSD SM-02 (6'-10' EA 9 9,162.29 82,460.61 10.00 91,622.90 9,162.29 58 Install Sewer Manhole SDARSD SM-02 (greater than 10' depth) with Manhole Cover M- EA 3 12,381.19 37,143.57 3.00 37,143.57 - 59 Install 6" PVC Sewer Lateral Cleanouts SDARSD SC-01 Type B with PVC cap and EA 43 574.80 24,716.40 43.00 24,716.40 - 60 Sewer Main Concrete Encasement, SDARSD LF 60 47.56 2,853.60 80.00 3,804.80 951.20 61 Remove and Replace Cross Gutter SDARSD SF 200 12.48 2,496.00 224.00 2,795.52 299.52 62 Replace Survey Monument SDARSD M-10 EA 5 1,248.00 6,240.00 6.00 7,488.00 1,248.00 63 Replace Traffic Loop EA 40 312.00 12,480.00 • 40.00 12,480.00 - 64 Remove, Salvage and Replace In -Pavement In LS 1 15,080.00 15,080.00 1.00 15,080.00 - 65 Remove, Dispose & Replace Unsuitable TON 500 28.45 14,225.00 1,416.37 40,295.73 26,070.73 STREET IMPROVEMENTS HIGHLAND AVENUE TO K STREET 66 Remove and Replace Sidewalk, SDARSD G-7 SF 725 7.41 5,372.25 1,007.00 7,461.87 2,089.62 67 Asphalt Concrete Cold Milling SF 9,500 0.48 4,560.00 9,500.00 4,560.00 - 68 Asphalt Rubber Hot Mix Overlay TON 800 171.80 137,440.00 754.48 129,619,66 (7,820.34) 69 Asphalt Concrete Dig -outs and Replacement TON 750 165.80 124,350.00 575.26 95,378.11 (28,971.89) 70 Remove, Disposal & Replace Unsuitable Sub- TON 100 78.56 7,856.00 - - (7,856.00) 71 Asphalt Roadway Crack Filling SY 6,240 0.89 5,553.60 6,240.00 5,553.60 - 72 Remove & Replace 6"-8" Curb and Gutter, LF 60 43.32 2,599.20 41.00 1,776.12 (823.08) 73 Remove & Replace Drive Way, SDARSD G-14 SF 400 13.68 5,472.00 420.00 5,745.60 273.60 74 Remove & Replace Cross Gutter, SDARSD G- SF 200 13.66 2,736.00 259.00 3,543.12 807.12 75 Remove & Replace Pedestrian Ramps (all EA 10 2,622.00 26,220.00 8.00 20,976.00 (5,244.00) 76 Replace Traffic Loop EA 10 342.00 3,420.00 10.00 3,420.00 - 77 Traffic Striping and Marking LS 1 3,534.00 3,534.00 1.00 3,534.00 - TOTAL ORIGINAL CONTRACT AMOUNT: 2,386,365.49 -10- C CHANGE ORDERS 1 Remove Media 3 from Project* LS 1 (46,691.25) (46,891.25) - 46,691.25 2 Furnish and Install 2" CATV Conduit (Access LS 1 2,304.28 2,304.28 1.00 2,304.28 3 Backfll existing and install additional trench LS 1 5,652.03 5,652.03 1.00 5,652.03 - 4 T&M - Unmarked Utilites at Highland LS 1 398.07 398.07 1.00 398.07 5 T&M - Angled Lateral LS 1 707.76 707.76 1.00 707.76 6 T&M -Edgarton Potholing LS 1 1,618.49 1,618.49 1.00 1,618.49 7 T&M - Handdig and mini ex excavation LS 1 720.89 720.89 1.00 720.89 8 Install higher capacity Cox Cable vaults LS 1 6,940.18 6,940.18 1.00 6,940.18 9 Place Unsuitable sub -grade in alley LS 1 1,803.74 1,803.74 1.00 1,803.74 10 Harbor View undergrounding LS 1 6,126.80 6,126.80 1.00 6,126.80 11 Remove and dispose of electric conduit LS 1 2,817.69 2,817.69 1.00 2,817.69 12 Install locking manhole cover LS 1 247.83 247.83 1.00 247.83 13 Remove and dispose of Drop Main (7/25) LS 1 3,308.78 3,308.78 1.00 3,308.78 14 Remove and dispose of Drop Maln (7/26) LS 1 5,675.93 5,675.93 1.00 5,675.93 15 Remove and dispose of Drop Main (7/27) LS 1 3,437.17 3,437.17 1.00 3,437.17 16 Remove concrete encases sewer main LS 1 5,381.95 5,381.95 1.00 5,381.95 17 Concrete plug and fill LS 1 746.10 746.10 1.00 746.10 18 Remove unsuitable material and place suitable LS 1 6,441.92 6,441.92 1.00 6,441.92 19 AT&T Line Item Certification LS 1 81,897.96 81,897.96 1.00 81,897.96 20 SDG&E Line Item Certification LS 1 136,281.27 136,281.27 1.00 136,281.27 21 In -pavement Lights LS 1 13,649.55 13,649.55 1.00 13,649.55 22 West End Lateral "Y" LS 1 2,943.03 2,943.03 1.00 2,943.03 23 at Edgerton LS 1 362.23 362.23 1.00 362.23 24 Unknown Lateral at MH &1 LS 1 893.39 893.39 1.00 893.39 25 Manhole Straps, Anchors LS 1 3,346.46 3,346.46 1.00 3,346.46 26 SDG&E Hand Holes LS 1 2,467.50 2,467.50 1.00 2,467.50 27 AT&T Pull Boxes LS 1 4,032.00 4,032.00 1.00 4,032.00 28 Re -Mobilization for Change Order No. 10 LS 1 525.00 525.00 1.00 525.00 29 Bond Change Order LS 1 2,089.78 2,089.78 1.00 2,089.78 30 Installation of Sewer Sleeves ' LS 1 2,491.78 2,491,78 1.00 2,491.78 Co1 Is not reflected In 'To Date" amount- because It Is already reflected "To Date" In Une Items 41-44. If CO1 were drawn across it would be reflected twice: once in Line Items 41-44 and again In COL TOTAL CONTRACT AMOUNT INCLUDING CHANGE ORDERS: 2,644,983.80 TOTAL AMOUNT EARNED: 2,599,924,99 (45,058.81) -11- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY BASILE CONSTRUCTION FOR THE TOTAL FINAL CONTRACT AMOUNT OF $2,599,924.99, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON MARCH 4, 2013, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $129,424.57 FOR THE 8TH STREET UNDERGROUNDING AND SEWER REPLACEMENT PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Quality Mechanical for the total final contract amount of $2,599,924.99 for the 8th Street Undergrounding and Sewer Replacement Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on March 4, 2013, and orders that payment for said work be made in accordance with said Contract, including release of the retention in the amount of $129,424.57. PASSED and ADOPTED this 4th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of five feet of red curb "No Parking" on both sides of driveway at 2933 E. 4th Street to enhance visibility and provide clearance from parked vehicles. (TSC-2013-06). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: //7 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on May 8, 2013 the Traffic Safety Committee approved the staff recommendation to install five feet of red curb "No Parking" on both sides of the driveway at 2933 E. 4th Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on May 8, 2013 (TSC 2013-06) 3. Resolution 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 8, 2013 ITEM TITLE: PREPARED BY: DISCUSSION: ITEM NO. 2013-06 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 2933 E. 4TH STREET (BY M. DESPIRITO) Kenneth Fernandez, EIT, Engineering Division Ms. Mary Despirito, resident of 2933 E. 4th Street, has requested a blue curb handicap parking space in front of her home due to physical limitations. The residence is located at the northeast corner of E. 4th Street and S. Belmont Avenue. Ms. Despirito has a valid disabled person's placard from the California Department of Motor Vehicles. Ms. Despirito stated that when she parks in her driveway she has difficulty exiting onto E. 4th Street, primarily in the mornings, due to traffic and vehicles parked curbside obstructing her line of sight. She has safety concerns and prefers to park curbside, rather than back out of her driveway. She also stated that the lack of curbside parking and higher traffic volumes in the mornings are related to the San Diego Academy, which is located across the street from her house. Therefore, she has requested a blue curb handicap parking space in front of her house. Staff inspected the site, acquired measurements, and took photographs. Ms. Despirito's residence has a garage and a driveway. After taking measurements, staff has confirmed that her driveway provides accessible parking for one vehicle. Staff also noted that there are two blue curb handicap parking spaces at 2635 and 2643 E. 4th Street, approximately two blocks west of Ms. Despirito's residence. 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 or placard 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 may be converted into disabled parking. This condition is not met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or properly displayed placards may park in handicap spaces. -1- This agenda item was originally placed on the March 13, 2013, docket but was continued to this scheduled Traffic Safety Committee meeting so that Ms. Despirito may be present to explain her request. However, she has stated to staff that she is unable to attend the typical meeting date and time due to the regularly scheduled care of a disabled family member outside of her residence. STAFF RECOMMENDATION: Since only two of the three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff does not recommend installation of a blue curb handicap parking space with sign in front of the residence at 2933 E. 4th Street. To enhance visibility and provide clearance from parked vehicles, staff recommends installing five feet of red curb "No Parking" on both sides of the driveway to 2933 E. 4th Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2013-06 -2- 5 01'7, 09P-4 2-63 e C-ri D / Na7JDts L C 9 qZ iii 4l14 AL L r3 l' NA`T!Ai L C',rry 41II- li611 7u 5'11 IneCFick . a.)cV7, 1n u) 44 WI 1\t rn 41 C v n C t R41 b4 a I Lo , /►1 tj . IlJ µ m 4 i �. tiu c a,`t a'') 33 .e, '-/71.1 S,7 o-o`r /1111.7iviitt c1zf1 , - I,v o 11k4) t 5, ^, ci ti 6 d w'7 7 i1 t:s ,4 4l tt t s s S i+ e t - ,1 y. 73 , E . "0- . iv cfi • F i ttk ai4-A /n0r(11 "r4 LU e '.13 A c `rk f Ck R.)D k7 -1 N U 1,4 '? '7 60. '711 a'14 iv : 3 b A . 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IL L�.1 (/rz I 0t1/ le 6, oh'? `1 17 tS 1,1 l li h c S ,., c.l, A., ra h-5 3 3 4,y I ill'" p w F t K,:i 17 r1zi 76 S At V b.S e 7ikij f. eiL. SI O b n- /Y1 tia, )=ram (v U-L, coK 1 d 0 rt. cr 7rd,„ it.79 d $7n d i v 111I.s A4k4/A.t,w PA A,P 4 . G S 10 1 n ( "' a 13 3 i=�' 1 lb ST it) `t 7 i d :a c-11 -4- 1 YPE: N1 TV:92 )OB: 03/31/1945 (SRIIFli T/1 DEPARTMENT OF MOTOR VEHICLES DISABLED.PERS1N " PLACARD IDENTIFICATION CARD/RECEIP PLACARD NUMBER: Db.. EXPIRES: O8/30/2u DATE ISSUED: 03/18/2011 This identification card or facsimile copy is to be carried by the placard owner. Present jt to any peace officer upon demand. Immediately notify OMV by mail of.any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park In or on: CO: 37 • Disabled person parking spaces (blue zones) *Street metered zones without paying. " Green zones without restrictions to time limits. " Streets where preferential parking privileges are given to OESPIRITO MARY ANITA residents and merchants. 2933 E 4TH ST You may not park In or on: Red, Yellow, White or Tow Away Zones. NATIONAL CITY CA 91950 ' Crosshatch marked spaces next to disabled person parking spaces. Purchase of fuel usiness & Professions`Code 13660): aw requires service stations to refuel a ra ed pf3r-son`s vehicle at self-service rates rapt self-servi^c facilities with only one cashier. • 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. 065 DPP000 -5- Location Map Install 5 feet of red curb No Parking" on each side of driveway In lieu of requested blue curb handicap parking space SAN DIEGO ACADEMY 2933 E. 4t St (looking north) 2933 E. 4th St (looking north) -7- 2933 E. 4th St - accessible driveway (looking north) -8- DISABLED PERSONS PARKING POLICY The 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 Motor 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: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. 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. 4, Community service facilities such as senior citizens service centers, etc. 5. 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. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. 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. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. -9- 12. 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 be 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-jof-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. -10- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must 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 -11- RESOLUTION NO. 2012 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION FIVE FEET OF RED CURB "NO PARKING" ON BOTH SIDES OF THE DRIVEWAY AT 2933 EAST 4TH STREET TO ENHANCE VISIBILITY AND PROVIDE CLEARANCE FROM PARKED VEHICLES WHEREAS, a resident with a disabled placard requested the installation of a blue curb handicap parking space in front of her home at 2933 East 4th Street due to traffic and vehicles parked curbside obstructing her line of sight when existing her driveway; and WHEREAS, after conducting an inspection and review of the site, staff determined that all conditions have not been met for the property to qualify for a blue curb handicap parking space because the applicant had useable off-street parking; and WHEREAS, instead of a blue curb, staff recommended the installation of five feet of red curb "No Parking" on both sides of the driveway to enhance visibility and provide clearance from parked vehicles; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its May 8, 2013 meeting. 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 five feet of red curb "No Parking" on both sides of the driveway at 2933 East 4th Street to enhance visibility and provide clearance from parked vehicles. PASSED and ADOPTED this 4th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 IIII PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. • AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the conversion of one unrestricted diagonal parking space in front of 1505 Hoover Avenue to a 30-minute, time -restricted parking space to increase parking turnover for customers. (Business: Coordinated Wire Rope of San Diego) (TSC-2013-10.) DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on May 8, 2013 the Traffic Safety Committee approved the staff recommendation to convert one unrestricted diagonal parking space in front of the business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on May 8, 2013 (TSC 2013-10) 3. Resolution Explanation Ms. Dana Pinkerton, Branch Manager of Coordinated Wire Rope of San Diego, has requested the conversion of one unrestricted diagonal parking space in front of her business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking turnover for customers. Ms. Pinkerton stated that parking is in high demand on her block and spaces are not readily available for her customers. Her business does not have off-street parking available for customers. Staff visited the site on the southeast corner of Hoover Avenue & West 15t11 Street and confirmed that one existing unrestricted diagonal parking space is in front of the business. There are additional unrestricted diagonal parking spaces to the south of the business and unrestricted parallel parking spaces immediately across the street. At the meeting on May 8, 2013, the Traffic Safety Committee voted unanimously to approve the staff recommendation to convert one unrestricted diagonal parking space in front of the business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking turnover for customers. If approved, all work will be performed by the City Public Works Department. 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 8, 2013 ITEM NO. 2013-10 ITEM TITLE: REQUEST FOR ONE 30 MINUTE PARKING STALL IN FRONT OF 1505 HOOVER AVENUE (COORDINATED WIRE ROPE OF SAN DIEGO) TO INCREASE PARKING TURNOVER FOR CUSTOMERS (BY D. PINKERTON) PREPARED BY: Kenneth Fernandez, E.I.T., Engineering Division DISCUSSION: Ms. Dana Pinkerton, Branch Manager of Coordinated Wire Rope of San Diego, has requested the conversion of one unrestricted diagonal parking space in front of her business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking turnover for customers. Ms. Pinkerton stated that parking is in high demand on her block and spaces are not readily available for her customers. Her business does not have off-street parking available for customers. Staff visited the site on the southeast corner of Hoover Avenue & West 15th Street and confirmed one existing unrestricted diagonal parking space in front of the business. There are additional unrestricted diagonal parking spaces to the south of the business and unrestricted parallel parking spaces immediately across the street. STAFF RECOMMENDATION: Staff recommends the conversion of one unrestricted diagonal parking space in front of the business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking tumover for customers EXHIBITS: 1. Correspondence 2. Location Map . 3. Photo 2013-10 -1- deme``41.00, THE COORDINATED COMPANIES Coordinated Wire Rope of San Diego 1505 Hoover Ave., National City, CA 91950 619.336.0342 Office 619.336.0343 Fax www.coordinatedcompanies.com April 24, 2013 Steve Manganiello Traffic Safety Committee 1243 National City Blvd. National City, CA 91950 Dear Mr. Manganiello, I am writing to request that the curbing at the single parking space outside of our place of business at: 1505 Hoover Ave., National City, CA 91950 be painted to reflect 2017►fi' through Friday. There if ed The neighborhood in which we a street parking around our facility is o Th: n)C you, ana Pinkerton, Branch Manager d bo e• or extended m and 4:30pm, Monday rying to access our facility. nd residential, so most of the na°.'bf time by the same vehicles. Serving the Aerospace, Construction, Marine, Oil &Transportation Industries Since 1952 790 139th AVE. SAN LEANDRO, CA 94578 (510)569-6911 FAX (510)569-6914 300 W.STANLEY AVE VENTURA, CA 93001 (805)643-3388 FAX (805)643-1919 1707 E. ANAHEIM ST. WILMINGTON, CA 90744 (310)834-8535 FAX (310)834-2991 -2- Location Map Coordinated Wire Rope of San Diego (1505 Hoover Avenue) Convert one diagonal parking space to 30 minute, time restricted parking (No net loss of parking) 1505 Hoover Ave (east side of Hoover Ave looking northeast) RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF ONE UNRESTRICTED ANGLE PARKING SPACE IN FRONT OF 1505 HOOVER AVENUE TO A 30-MINUTE, TIME -RESTRICTED PARKING SPACE TO INCREASE PARKING TURNOVER FOR CUSTOMERS WHEREAS, the Branch Manager of Coordinated Wire Rope of San Diego, has requested the conversion of one unrestricted angle parking space in front of her business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking turnover for customers; and WHEREAS, after a site evaluation, staff recommends converting the one unrestricted angle parking space in front of the business at 1505 Hoover Avenue to one 30- minute, time -restricted parking space on the southeast corner of Hoover Avenue and West 15th Street; and WHEREAS, the Traffic Safety Committee at their meeting of May 8, 2013, concurred with the staff recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the conversion of one unrestricted angle parking space in front of the business at 1505 Hoover Avenue to one 30-minute, time -restricted parking space to increase parking turnover for customers. PASSED and ADOPTED this 4th day of June, 2013. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO.6 ITEM TITLE: Resolution of the City Council of the City of National City ratifying amendment CT#2911 to Agreement CT#1752 with the National School District in the not -to -exceed amount of $125,000 for the National City Public Library to provide the Camp WINGS summer program at the National School District's seven school sites. PREPARED BY: M. Duong PHONE: 619-470-5882 EXPLANATION: DEPARTMENT: Libra APPROVED BY: This agreement calls upon the National City Public Library to provide Camp WINGS Summer Program at the following school sites: Ira Harbison, Las Palmas, Lincoln Acres, Olivewood, John Otis, Palmer Way and Rancho de la Nacion. The summer program will be held for fifteen (15) days from June 10 through June 28, 2013, Monday to Friday, from 8:30 am to 12:00 pm. FINANCIAL STATEMENT: ACCOUNT NO. 246-431-0000-3463 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Adopt resolution BOARD ! COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on May 30, 2013 ATTACHMENTS: 1. Copy of WINGS Operating Agreement CT#1752 2. Amendment CT#2911 to WINGS Operating Agreement 3. Background Information 4. Resolution TIONAL TY PUBLIC LIBRARY 1401 National City Boulevard National City, CA 91950 619-470-5800 Background Information — Camp WINGS The WINGS Summer Program is a literacy -based, project -oriented experience open to students Kinder to 6th grade. FY2011-12 • Camp WINGS ran from June 25 through July 13, 2013 b a total of 14 business days, July 4th being a holiday. • Locations: Eight (8) school sites: Central, El Toyon, Ira Harbison, Las Palmas, Lincoln Acres, Olivewood, John Otis, and Palmer Way School. • Program was conducted Monday to Friday, from 8:30 am to 1:00 pm b 4.5 hours of program per day. • Contract amount: $125,000 • Camp WINGS will run from June 10 through June 28, 2013 '> 15 business days. • Locations: Seven (7) school sites: Ira Harbison, Las Palmas, Lincoln Acres, Olivewood, John Otis, Palmer Way, and Rancho De La Nacion. • Program to be conducted Monday to Friday, from 8:30 am to 12:00 pm slightly reduced program of 3.5 hours a day. • Contract amount: Not to exceed $125,000 06-00-9065-100-0000-1000-5800-100-026 AFTER -SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT CONTRACT #CT 1752 This AGREEMENT is made by and between National School District, herein called, "District," 1500 "N" Avenue, National City, California 91950, and National City Public Library, herein called "Contractor," 1401 National City Blvd., National City, California 91950 WITNESSETH WHEREAS, National School District has implemented or will be implementing the After -School Education and Safety Program ("ASESP"); and WHEREAS, District desires to engage the National City Public Library, (or Contractor) to provide an extended school day child care and education program pursuant to ASESP at all of its schools; and WHEREAS, Contractor is ready, willing and able to perform the services detailed in this Agreement, beginning July 1, 2009, and concluding June 30, 2010. NOW, THEREFORE, District and Contractor mutually agree as follows: 1. DEFINITIONS: For the purposes of this Agreement, the following terms shall have the meanings indicated: a) "District" - National School District b) "Contractor" - National City Public Library c) "State" - State -funded After -School Education and Safety Program grant which constitutes the source of -funding under this Agreement. 2. SCOPE OF SERVICES: Contractor hereby agrees to perform the services specifically listed below: a) Operation of Program: Operate a school -age child care program pursuant to ASESP ("Program") that provides safe, healthy, recreational, and educational activities at each of the District's schools for children enrolled in the Program. Contractor agrees to commit resources to ensure the delivery of an integrated, age -appropriate child care and education Program. b) Hours of Operation: While District schools are in regular sessions, the Program shall operate before school (6:30 — 8:00 a.m. or 7:00 — 8:30 a.m. dependent upon the school) and after school dismissal time (beginning around 1:00 to 3:10 pan., dependent upon the school site), for the remainder of the day until 6:00 p.m., on a Monday through Friday schedule. Daily hours of operation must be posted by Contractor and be visible to the participants and parents of the Program. Operating hours will be monitored by daily sign -in and sign -out sheets and reported monthly to the District and to the State by the Contractor. c) Holidays: The Program will not operate during scheduled school holidays and scheduled vacation periods unless funds are made available, and Contractor agrees through an amendment to this Agreement to perform during such periods. d) Summer Program: District may request that Contractor operate the Camp Wings Summer School Program, subject to District and Contractor mutually agreeing to the Contractor's fee and implementing an amendment to this Agreement. e) Use of Facilities: At each school site, Contractor may use such portions of the school site and school facilities as are agreed upon with the principal of the school. Page 2 of 12 Contractor agrees to keep school sites and school facilities it uses clean and organized, and to cooperate with other groups using the sites and facilities. f) Compliance: If for any reason, the Program is not operating at the times and days agreed upon, the Contractor shall forfeit payment for those times that the Program is not operating and will be subject to termination of the Agreement at District's sole option. g) Staffing: Contractor shall provide a coordinator to oversee and coordinate Program activities in cooperation with District staff. Each Program site must be staffed daily, at a minimum, by the required student to staff ratio of one adult to twenty students. Designated coaches and/or site staff must be trained in CPR and First Aid. Training will be provided by National School District. Contractor is encouraged to hire instructional assistants and credentialed teachers from the school site to assist with the Program. Volunteers to assist with tutoring, literacy, and mentoring may be added in addition to paid staff. h) Experience: Site supervisors must have prior supervisory experience. i) Fingerprinting: Contractor agrees to provide District with written certification that Contractor has complied with the fingerprinting and criminal background investigation requirements of the California Education Code with respect to all Contractor's employees and volunteers who may have contact with District students in the course of providing services under the Program. Contractor shall provide written verification stating that none of its employees or volunteers who may have contact with District students has been convicted of a violent or serious felony as defined in the Education Code. Page 3 of 12 j) First Aid/CPR: At all times, there shall be personnel on site trained in First Aid/CPR, safety, and emergency procedures. The leaders must have proof of their First Aid/CPR card at the site. k) Uniform/Dress Code: On -site personnel will be required to have a professional appearance, wearing a name badge and vest which identifies them and the agency for which they work. I) Supervision: The Contractor is required to have its agency supervisorial management personnel visit each Program site at least once weekly. The District or designee will periodically visit sites unannounced. m) Health: Contractor staff and volunteers are required to have a negative tuberculin test or x-ray within the last three (3) years. n) Safety: Safety is a critical element in the Programs. All safety rules and emergency procedures followed during the school day apply to the Program. o) Emergency Contact Forms: At every site Contractor must have parents fill out emergency contact cards and medical release forms. These forms must be kept on file at the school site by Contractor within easy access. p) Emergency Procedures/Accident Reports: The Contractor will adhere to emergency procedures at each school site. A formal reporting process for all accidents, incidents and complaints must be approved by the District and communicated to and posted for parents. Any serious accident, i.e., injury involving medical attention, must be reported in writing to the school principals and the Contractor's corporate office. A written accident or incident report must be sent within three (3) days. All minor Page 4 of 12 accidents or injuries are reported on an "Ouch Slip," with copies provided to the District, school site, and parent/guardian. q) School Relations: Developing a close relationship with school staff is critical to the success of the Program. Contractor will communicate regularly with school staff to ensure school staff is fully aware of Program activities. r) Collaboration: Contractor will collaborate with other appropriate persons and entities to provide an effective, meaningful Program in the National School District. Such collaboration shall include, but not be limited to, the National City Public Library, parents and local community partners. Contractor will promote cooperation and coordination among and between school sites and all personnel involved in Program activities. s) Amendment: Any modification of the type or quantity of services, or the fees for the services to be provided by Contractor, shall require a mutually agreeable amendment to this Agreement. 3. DISTRICT RESPONSIBILITIES: In connection with this Agreement District shall perform the following activities: a) Facilitate communication of the Program mission, goals and objectives to all participating school sites, and in particular to principals, teachers, other school staff, parent -teacher organizations, school site councils and parents. b) Promote cooperation and coordination among and between school sites and all personnel involved in Program activities. c) Designate a staff liaison as a key contact for Contractor. Page 5 of 12 d) Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. e) Negotiate and implement contracts for karate, dance and music coaches. 4. PERIOD OF PERFORMANCE: The services to be performed by Contractor, as set forth herein, shall commence on July 1, 2009, and end on June 30, 2010, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew each year for an additional 12-month period contingent on the Parties mutual agreement to any adjustment in fees due to increased or decreased operating costs. At any time either Party may choose to terminate the contract by providing thirty (30) days written notice prior to the end of the term. 5. FEE: The District shall pay to the Contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use of other taxes or costs, the sum of ($979,698), Nine Hundred Seventy Nine Thousand Six Hundred Ninety Eight Dollars and No Cents. 6. EXPENDITURES: The Contractor will be required to provide substantiation for all expenditures claimed for reimbursement in the form of receipts and invoices. Contractor is allowed to charge a 5% administrative markup over claimed expenditures. 7. METHOD OF PAYMENT: Contractor shall be reimbursed for eligible expenditures within thirty days of receipt of invoices at the end of each quarter. Invoices shall be submitted for the quarters ending on September 30, 2009, December 31, 2009, March 31, 2010, and the last day of the school year. In order to receive reimbursement for expenditures, quarterly invoices must be accompanied by written documentation substantiating claimed Page 6 of 12 expenditures. The final payment to Contractor shall be withheld until the final invoice with substantiating documentation has been received by the District. 8. STATE REQUIREMENTS: Contractor shall comply with all requirements set forth by the State Department of Education, After -School Education and Safety Program grant. This will include, but not be limited to, program reporting requirements, contract compliance, allowable expenses, fiscal reporting and program evaluations. 9. AUDITS: District will conduct an audit review of Contractor's Program annually during the term of this Agreement. Additionally, Contractor's Program may be audited by District at any time within three (3) years following termination of this Agreement. If Contractor is subject to audits from a source or sources other than the District, Contractor shall provide a copy of the audit to the District within thirty (30) days of completion of the audit. 10. DISCONTINUANCE OF PROGRAM: The District reserves the right to discontinue the Program at its sole discretion, for reasons including, but not limited to the following: regular low attendance (25 students or less), poor program quality, or at the request of the school principal. In such cases, a 30-day written notice will be provided to the Contractor. 11. RECORDS: Contractor shall maintain detailed administrative and fiscal records as required by the District in writing during the term of this Agreement. Contractor shall allow National School District authorized agents to inspect its premises, books, accounting documents, payrolls, and other Program records for the purpose of auditing, monitoring, or evaluating the Program. Contractor shall store such records and documents for a period of three (3) years after submission of the final expenditure report, or until all audit findings have been resolved, whichever is longer. During this period, the District or its authorized agents, shall have access to such records and documents at any time. After the three (3) years storage period Page7of 12 has expired or all audit findings have been resolved, Contractor shall in either case, notify the District of its intent to dispose of Program records before any action is taken. 12. INTEGRATED AGREEMENT: This Agreement and the exhibits and references incorporated herein fully express all understandings of the Parties concerning the matters covered herein, and supersede any prior agreements, negotiations, and communications, oral or written, between the parties. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless it is made in the form of a written change or amendment to this Agreement, is signed by all Parties, and is executed in accordance with procedures described herein. 13. EQUAL OPPORTUNITY PROGRAM REQUIREMENTS a) Equal Employment Opportunity: Contractor hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations hereafter enacted. Contractor will not discriminate against any employee or applicant for etnployment on any basis prohibited by law. Upon request by District, Contractor agrees to submit a current Workforce Report or an Equal Employ- ment Opportunity Plan. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements, may result in termination of this Agreement. b) Nondiscrimination: Contractor agrees not to discriminate in any manner against any person or persons on account of race,•color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or disability in Contractor's performance of Page 8 of 12 this Agreement, including, but not limited to, the providing of services, privileges, facilities, advantages, and accommodations. c) Equal Contracting Opportunity: Contractors shall ensure that any subcontractors comply with these provisions. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. 14. INDEPENDENT CONTRACTOR: Contractor is an independent Contractor hereunder, and nothing contained herein shall be construed as creating a relationship of employer and employee between the Parties. Contractor shall notify all prospective subcontractors of its independent status hereunder. 15. ASSIGNABILITY: Contractor shall not assign or subcontract any of the work or services to be performed under this Agreement, or expend any funds for such purpose without prior written approval of the District. Contractor shall provide the District copies of all subcontracts entered into under the terms of this Agreement. 16. HOLD HARMLESS: Contractor agrees to defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless, shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. Page 9 of l2 17. INSURANCE: Contractor shall obtain and keep in force during the period of this Agreement, a policy of comprehensive public liability insurance or lawful self -insured status, which insures Contractor against any and all claims of liability, including accident, injury or death arising from the provision of Program services, or from the ownership, use, operation, maintenance, or administration of School District premises and all areas appurtenant thereto. Such insurance or self-insurance shall be in an amount of not less than ONE MILLION DOLLARS {$1,000,000) for any injury or death of, any person or persons in any accident or occurrence, and shall name District as an additional insured. 18. WORKERS' COMPENSATION: Contractor agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participating under this Agreement, Contractor agrees to defend and indemnify the District from such claim. Contractor may comply with the provisions of this Section 18 by maintaining its lawful self -insured status during the terms of this Agreement. 19. DRUG -FREE WORKPLACE: Contractor shall publish a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled .. substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition. Contractor shall establish a drug -free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace b) The organization's policy of maintaining a drug -free workplace Page 10 of 12 c) Any available drug counseling, rehabilitation, and employee assistance program d) The penalties that may be imposed upon employees for drug abuse violations Contractor shall post the drug -free policy in a prominent place. Contractor shall include language in each subcontract executed in connection with this Agreement which indicates the subcontractor's agreement to abide by provisions of the drug -free workplace program. Contractor and subcontractors shall be individually responsible for their own drug -free workplace program. 20. TERMINATION OF AGREEMENT: District or Contractor may terminate this Agree- ment by giving written notice to the other Party thirty (30) days prior to the effective date of termination. District may terminate this Agreement at any time if Contractor fails to meet or fulfill its obligations hereunder. In the event of termination by either Party, District's liability shall be limited to reimbursement for the eligible monthly expenditures for work or services performed, plus administrative markup, up to the date of termination. 21. EVALUATIONS: The effectiveness and success of each program will be measured by overall compliance with Agreement terms, daily attendance, variety and interest of program content, and satisfaction of participants, parents and school administrators. A desired outcome will be improved test scores and increased daily school attendance as measured by the District. Additional evaluations may be required by the State as terms of the grant requirement. Contractor agrees to cooperate and comply with all evaluations of the Program. 22. JOINT ADVISORY PANEL: The Parties agree that a joint advisory panel composed of the Literacy Coordinator and WINGS Coordinator from the National City Public Library, and the Assistant Superintendent for Educational Services and the Extended Learning Page 11 of 12 Opportunities Coordinator from the National School District, shall provide advise with respect to the Program provided for by this Agreement. NATIOn CITY PUBLIC LIBRARY NATIONAnL SCHOOL DISTRICT SignaSignature City Librarian Title Date C:.L sOra Print Name J� erinlL.Inai?{t Title Governing Board Approval Date Page 12 of 12 AN AGREEMENT TO AMEND THE CONTRACT BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE NATIONAL CITY PUBLIC LIBRARY / CITY OF NATIONAL CITY THIS AGREEMENT, made and entered into this 23 day of May 2013, by and between THE CITY OF NATIONAL CITY / NATIONAL CITY PUBLIC LIBRARY, hereinafter called "NCPL," and THE NATIONAL SCHOOL DISTRICT, an agency of the State of Califomia, hereinafter called "DISTRICT." The Parties agree: I. SERVICES TO BE PROVIDED A. NATIONAL CITY PUBLIC LIBRARY shall provide a Summer Camp WINGS program at seven (7) schools in the DISTRICT as follows: Ira Harbison, Las Palmas, Lincoln Acres, Olivewood, John Otis, Palmer Way School and Rancho De La Nacion. 1. The Camp WINGS Program will be held for fifteen (15 days) from June 10 through June 28, 2013 from 8:30 a.m. to 12:00 p.m. daily. 2. The curriculum and activities will be developed by NCPL WINGS staff and approved by the DISTRICT prior to implementation. B. The DISTRICT shall provide: 1. Adequate and appropriate space for service provision. 2. Payment to NCPL not to exceed $125,000 upon receipt of invoices at the conclusion of the program. II. TERM AND TERMINATION All other Terms and Conditions remain per the original contract. The term of this Contract Amendment shall begin June 10, 2013 and terminate on June 28, 2013 at the end of the Camp WINGS Summer Program. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. NATIONAL SCHOOL DISTRICT Christopher Oram, Ed.D. District Superintendent National School District Board Approval Date: May 22, 2013 CITY OF NATIONAL CITY/ NCPL RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AMENDMENT CT NO. 2911 TO AGREEMENT CT NO. 1752 WITH THE NATIONAL SCHOOL DISTRICT IN THE NOT -TO -EXCEED AMOUNT OF $125,000 FOR THE NATIONAL CITY PUBLIC LIBRARY TO PROVIDE THE CAMP WINGS SUMMER PROGRAM AT THE NATIONAL SCHOOL DISTRICTS SEVEN SCHOOL SITES FROM JUNE 10 — JUNE 28, 2013, FROM 8:30 A.M. TO 12:00 P.M. WHEREAS, in 2009, the National City Public Library entered into the After - School Education and Safety Program Operating Agreement Contract No. CT 1752 with the National School District (the "District") for the Library to provide an annual child care and education program; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009- 198, approving and ratifying said Operating Agreement; and WHEREAS, the Agreement provided that, subject to the District's and the Library's agreement concerning the fee to be paid to the Library, the District may request that the Library operate a summer school program; and WHEREAS, pursuant to the Agreement, the District has requested that the Library provide the Camp WINGS Summer Program, a three-week summer program for a fee of $125,000, to be paid at the end of the Program; and WHEREAS, Camp WINGS will be held for fifteen days from June10 to June 28, 2013, from 8:30 a.m. to 12:00 p.m., Monday through Friday, at the following seven schools: Ira Harbison, Las Palmas, Lincoln Acres, Olivewood, John Otis, Palmer Way, and Rancho De La Nacion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and ratifies Amendment CT No. 2911 to Agreement CT No. 1752 between the National City Public Library and the National School District for the Library to provide the Camp WINGS Summer Program from June10 to June 28, 2013, from 8:30 a.m. to 12:00 p.m., Monday through Friday, at seven district schools for a fee in the amount of $125,000. PASSED and ADOPTED this 4th day of June, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT `IIEETING DATE: June 4, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement between the City of San Diego and City of National City to provide fire and emergency medical dispatch services for a term of 5 years starting on July 1, 2013 at a cost of $230,124. (Fire) PREPARED BY: Frank Parra DEPARTMENT: F' PHONE: 619-336-4551 APPROVED BY: ent EXPLANATION: The City has contracted with Heartland Communications Facility Authority (HCFA) for fire and emergency medical dispatch services since February 7, 1995. When the National City Fire Department (NCFD) first entered into this agreement we were operational members of the Central Zone, but two years ago there was an operational adjustment and we are now members in the Metro Zone, which includes San Diego, Chula Vista, Miramar, Coronado, Imperial Beach, San Pasqual, Federal Fire, and Poway. The NCFD believes that National City's interests would be best served by entering into an agreement with San Diego to provide National City's fire and emergency medical dispatch services in the Metro Zone. In order to do that, the City notified HCFA of its intent to withdraw/terminate fire and emergency medical dispatch services as of June 30, 2013 with Resolution # 2012-248. The City will owe San Diego an annual dispatching fee for services of $230,124. The City will have savings of approximately $50,000. The NCFD would now like the City Council to authorize the Mayor to sign an Agreement between the City of San Diego and City of National City regarding fire and emergency medical dispatch services. The term of the Agreement will become effective as of July 1, 2013 for five (5) years until June 30, 2018. FINANCIAL STATEMENT: APPROVED: mance ACCOUNT NO. APPROVED: MIS The City will owe San Diego an annual dispatching fee for services of $230,124. The City will have savings of approximately $50,000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign an Agreement between the City of San Diego and City of National City regarding fire and emergency medical dispatch services for a term of 5 years starting on July 1, 2013 at a cost of $230,124. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement between the City of San Diego and City of National City regarding fire and emergency medical dispatch services 2. Resolution Fire and Emergency Medical Dispatch Services AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY REGARDING FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES THIS AGREEMENT is entered by and between the City of San Diego, a municipal corporation, [San Diego] and the City of National City, a municipal corporation, [National City], sometimes referred to jointly herein as the Parties. RECITALS WHEREAS, San Diego and National City have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said Cities; and WHEREAS, National City, by way of Resolution Number 2012-248, approved by its Council and Mayor, resolved that National City's interests would be best served by joining the Metro Zone; and WHEREAS, National City's interests would be best served by entering into an agreement with San Diego to provide National City with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, San Diego's interests would be best served by entering into an agreement with National City to provide National City with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, it would be to the benefit of each party and in the best interests of the citizens of the respective jurisdictions for San Diego to provide fire and emergency medical dispatch services to National City in order to increase the health and safety of all affected residents; and WHEREAS, National City desires and intends per the terms of this contract to pay San Diego for services. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, National City and San Diego agree as follows: A. Term of Agreement This Agreement shall be become effective as of July 1, 2013 or upon its final execution by the Parties, which ever comes first, and shall be effective until the last day of June 2018, five (5) years after its inception. 1 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services B. Obligations of the Parties 1. The service descriptions herein outline specific aspects of service relevant to the performance of the emergency dispatch services by San Diego. To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the Fire and Emergency Medical Dispatch Services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes. The dispatch services that will be provided include: a. Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point (PSAP). b. Triaging medical calls using the Emergency Medical Dispatch process which includes: i. Automated Pro QA Emergency Medical Dispatching (EMD) with call downgrading features. ii. Coordinated dispatch efforts with American Medical Response (AMR) for ambulances within National City with the use of an automated TriTech Computer Aided Dispatch (CAD) to GEAC CAD interface. c. 800 Mhz Radio Communications System (RCS) Radio dispatch services to coordinate with National City's 800 Mhz RCS existing equipment and RCS member rights. d. Dynamic Automatic Vehicle Location (AVL) driven dispatch of closest available resource(s) to given emergency, incident type(s), and location(s). e. VisiNet Mobile Data Computer services. f. Mobile Data Computer (MDC) driven mapping and live -routing services. g. TriTech CAD View services. CAD Data Collection and Reporting services that will provide pre- established data collection points and generated reports including yearly, quarterly, monthly reports; call for service statistics and/or other incident specific data and reports as available. h. Records Management System (RMS) services that will permit a TriTech to Firehouse interface; a download of CAD data as needed; Fire Station Alerting Services; TriTech to Westnet interface. 2 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services i. Paging Services between TriTech and American Messaging interface. C. Payment 1. Dispatching Fee: National City will owe San Diego an annual dispatching fee for services rendered under this Agreement of $222,300. National shall pay this dispatching fee on a quarterly basis in the amount of $55,575 per quarter. Not included in this dispatching fee is the cost of yearly MDC software license fees ($300 per license per year), monthly MDC modem fees ($504 per modem per year) and monthly pager fees ($120 per pager per year). These on -going costs will be added to the yearly dispatching fee dependent on the actual costs per year and divided amongst the quarterly payments. 2. Dispatching Fee Increases: On average, the National City call volume is 7,376 incidents per year. The annual dispatching fee will be increased should National City's call volume on the emergency dispatch system exceed the amount originally contemplated by this agreement by 5% or more. The percentage increase in the annual dispatching fee will be equal to the percentage increase of National City's Call volume. Any increase in the annual dispatching fee shall be spread evenly throughout the next agreement year's quarterly payments. 3. Dispatching Fee Payment Due Date: San Diego shall provide to National City, on a quarterly basis, a statement for services rendered under this contract and payment by National City shall be remitted 30 days thereafter. 4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and other evidence at all reasonable times. D. Indemnification and Insurance 1. Indemnification: National City shall defend, indemnify, and hold harmless San Diego, its elected officials, officers, agents, employees, and attorneys from and against any and all claims asserted or liability established for damages or injuries to any person or property (hereinafter collectively referred to as "Claims") related to or arising out of this Agreement or the work performed pursuant to this Agreement, but only to the extent that such Claims arise directly or indirectly from any negligent act, error, or omission of National City, its officials, officers, agents, or employees, and not including Claims caused by the concurrent negligent act, error or omission or the sole negligence or willful misconduct of San Diego, its elected officials, officers, agents, employees, and attorneys. San Diego shall defend, indemnify, and hold harmless National City, its elected officials, officers, agents, employees, and attorneys from and against any and all 3 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services claims asserted or liability established for damages or injuries to any person or property (hereinafter collectively referred to as "Claims") related to or arising out of this Agreement or the work performed pursuant to this Agreement, but only to the extent that such Claims arise directly or indirectly from any negligent act, error, or omission of San Diego, its officials, officers, agents, or employees, and not including Claims caused by the concurrent negligent act, error or omission or the sole negligence or willful misconduct of National City, its elected officials, officers, agents, employees, and attorneys. 2. Insurance Requirements. National City, at its sole cost and expense, shall purchase and maintain in full force and effect during the term of the Agreement, and all amendments to the Agreement, the following insurance coverage: a. Commercial Automobile Liability. Automobile insurance covering damages for all bodily injury or property damage incurred during the performance of this Agreement, with a minimum combined single limit of $1,000,000. Such automobile insurance shall include hired and non -owned vehicles. b. Commercial General Liability. National City is self -insured pursuant to the rules and regulations applicable in the State of California. c. Worker's Compensation. National City is self -insured pursuant to the rules and regulations applicable in the State of California. d. Rating Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been given at least an "A" & "V" rating in the current AM BEST, that are licensed to do business in the State of California, and that have been approved by the City. e. Deductibles. National City will be responsible for any Self -Insured Retention (SIR) associated with its specific policies. f. Specific Provisions Required. Each policy required under this section shall expressly provide, and an endorsement shall be submitted to San Diego, that: Except as to Workers Compensation, the City of San Diego and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insured. San Diego's Additional Insured status must be reflected on additional insured endorsement form CG 20 10, or equivalent, which shall be submitted to San Diego. ii. The policies cannot be canceled, non -renewed or materially changed except after thirty (30) calendar days prior written notice 4 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services by the National City to San Diego by certified mail, as reflected in an endorsement which shall be submitted to San Diego except for non-payment of premium, in which case ten (10) days notice will be provided. iii. Before performing any services under this Agreement, National City shall provide San Diego with all Certificates of Insurance accompanied with all endorsements. iv. National City may obtain additional insurance not required by this Agreement. If any required insurance coverage is provided on a "claims made" rather than "occurrence" form, National City shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. If National City does not keep all of such insurance policies in full force and effect at all times during the term of this Agreement, San Diego may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate the Agreement as provided herein. E. Right to Terminate for Convenience Either party may terminate the services agreed to pursuant to this contract by giving written notice of such termination to the other party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing party. The termination of the services shall be effective thirty (30) days after the receipt of this notice by the noticed party. F. Right to Terminate for Default If either party fails to perform or adequately perform any obligation required by this Agreement, that party's failure constitutes a Default. If the defaulting party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other party specifying the nature of the Default, the non -defaulting party may immediately cancel and/or terminate this Agreement, and terminate each and every right of the defaulting party, and any person claiming any rights by or through the defaulting party under this Agreement. The rights and remedies of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the non -defaulting party against the defaulting party. 5 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services G. City of San Diego Contract Requirements To the extent appropriate in light of the rights and duties specified in this contract, and as applicable to particular parties, the following requirements shall apply: 1. Drug -Free Workplace. National City agrees to comply with San Diego's Drug -Free Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-277952 and incorporated into this Agreement by this reference. 2. ADA Certification. National City hereby certifies that it agrees to comply with San Diego's Americans With Disabilities Act Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference. 3. Non -Discrimination Requirements. a. Compliance with San Diego's Equal Opportunity Contracting Program. National City shall comply with San Diego's Equal Opportunity Contracting Program Consultant Requirements. National City shall not discriminate against any employee or applicant for employment on any basis prohibited by law. National City shall provide equal opportunity in all employment practices. The Consultant shall ensure that its Subcontractors comply with San Diego's Equal Opportunity Contracting Program Consultant Requirements. Nothing in this Section shall be interpreted to hold National City liable for any discriminatory practice of its Subcontractors. b. Non -Discrimination Ordinance. National City shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. National City shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. National City understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, and other sanctions. This language shall be in contracts between the National City and any Subcontractors, vendors and suppliers. c. Compliance Investigations. Upon San Diego's request, the National City agrees to provide to San Diego, within sixty (60) calendar days, a truthful and complete list of the names of all Subcontractors, vendors, and suppliers that National City has used in the past five (5) years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by National City for each subcontract or supply contract. National City further agrees to fully cooperate in any investigation conducted by San Diego pursuant to San Diego's 6 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services Nondiscrimination in Contracting Ordinance [San Diego Municipal Code sections 22.3501-22.3517]. National City understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in remedies being ordered against National City up to and including contract termination, debarment, and other sanctions for violation of the provisions of the Nondiscrimination in Contracting Ordinance. National City further understands and agrees that the procedures, remedies and sanctions provided for in the Nondiscrimination Ordinance apply only to violations of said Nondiscrimination Ordinance. H. Product Endorsement National City acknowledges and agrees to comply with the provisions of San Diego's Administrative Regulation 95-65, concerning product endorsement. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego. I. Conflict of Interest National City is subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. San Diego may determine that a conflict of interest code requires National City to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, National City shall submit the necessary documents to San Diego. 1. National City shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 2. In connection with any task, National City shall not recommend or specify any product, supplier, or contractor with whom National City has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If National City violates any conflict of interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects National City to liability to San Diego for attorney fees and all damages sustained as a result of the violation. J. Mandatory Assistance If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided under this Agreement, upon San Diego's request, National City, its agents, officers, and employees agree to assist in resolving the dispute or litigation. National City's assistance includes, but is not limited to, providing professional 7 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 1. Compensation for Mandatory Assistance. San Diego will reimburse National City for any fees and expenses incurred for required Mandatory Assistance as Additional Services. San Diego in its sole discretion, shall determine whether these fees, expenses, and services rendered under this Section, were necessary due to National City or its agents', officers', and employees' conduct or failure to act. If San Diego determines that such fees, expenses, or services were necessary due to National City or its agents', officers', and employees' conduct, in part or in whole, San Diego is entitled to be reimbursed for any payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including San Diego's withholding of payment. 2. Attorney Fees related to Mandatory Assistance. In providing San Diego with dispute or litigation assistance, National City or its agents, officers, and employees may incur expenses and/or costs. National City agrees that any attorney fees it may incur as a result of assistance provided under this Section are not reimbursable. K. Jurisdiction, Venue, and Attomey's Fees The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney's fees in addition to any other award made in such suit or proceeding. L. Severability The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. M. Extensions This Agreement may be extended for four (4) additional one (1) year periods by written agreement of the parties, and subject to the Mayor's authorization of a contract extension relative to each one year extension. N. Amendments This Agreement may only be amended in writing signed by both parties. 8 Not for Profit or Agency Agreement June 4, 2013 Fire and Emergency Medical Dispatch Services IN WITNESS WHEREOF, this agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of National City. I HEREBY CERTIFY that I can legally bind the City of National City, a municipal corporation, and that I have read all of this Agreement and have executed it on behalf of the City of National City, a municipal corporation, this 4th day of June, 2013. By: Ron Morrison, Mayor of National City Date Signed: June 4, 2013 I HEREBY APPROVE the form of the foregoing agreement on behalf of National City this 4th day of June, 2013. Claudia Gacitua Silva City Attorney, National City On behalf of the City of San Diego: By: Name: Title: Date Signed: I HEREBY APPROVE the form and legality of the foregoing agreement on behalf of the City of San Diego this day of , 2013. Jan I. Goldsmith City Attorney, City of San Diego Noah Brazier, Deputy City Attorney 9 Not for Profit or Agency Agreement June 4, 2013 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO REGARDING FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES IN THE NOT TO EXCEED AMOUNT OF $230,124 WHEREAS, the Cities of San Diego and National City have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, on December 18, 2012, the City Council adopted Resolution Number 2012-248, authorizing the Mayor to execute a Letter of Intent notifying Heartland Communications Facility Authority of National City's intent to withdraw/terminate fire, rescue, and emergency medical dispatch services; and WHEREAS, National City's interests would be best served by entering into the Agreement Regarding Fire and Emergency Medical Dispatch Services with the City of San Diego to provide National City with fire and emergency medical dispatch services for the not to exceed amount of $230,124; and WHEREAS, the term of the Agreement shall become effective as of July 1, 2013, or upon its final execution by the Parties, whichever comes first, and shall expire on June 30, 2018, five (5) years after its inception. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Agreement Regarding Fire and Emergency Medical Dispatch Services with the City of San Diego to provide National City with fire and emergency medical dispatch services from July 1, 2013 through June 30, 2018, for the not to exceed amount of $230,124. PASSED and ADOPTED this 4th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement with the City of Chula Vista for a total not to exceed amount of $337,439 to provide general animal control, shelter, and related administrative services to the residents of National City for an additional one (1) year term through Fiscal Year 2013-2014. PREPARED BY: Manuel Rodriguez, Chief of Police PHONE: 336-4511 EXPLANATION: DEPARTMENT: Police APPROVED BY: On April 6, 2010, the City Council adopted Resolution No. 2010-54, approving an Agreement with the City of Chula Vista to provide general animal control, shelter and related administrative services for the City of National City. The Agreement included an option to extend the Agreement for four (4) additional one-year terms. This resolution is for the Third Amendment to the Agreement to extend the services provided by the City of Chula Vista through Fiscal Year 2013 — 2014. FINANCIAL STATEMENT: ACCOUNT NO. 1001-411-000-261-0000 The cost of this agreement not to exceed $337,439 has been allocated within the police budget ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: Letter From Chula Vista Third Amendment to the Agreement r«L,tIVtU MAY ' 0 2013 CITY OF CHULA NISTA OFFICE OF THE CITY MANAGER May 8, 2013 Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Deese: The City of Chula Vista and the City of National City entered into a contract for Animal Care Services on April 16, 2010 for one year, with four additional one-year options to extend the contract. For calendar year 2012, the Chula Vista Animal Care Facility took in 6715 animals. Of these, 1157 (17.230%) were from the City of National City. The percentage for the City of National City for the previous year was 18.026%. The City of Chula Vista is proposing to extend this contract for one year to provide kenneling services to the City of National City. The proposal for these services for FY 12-14 is $337,439 or $28,119.94 monthly. Please respond to the City of Chula Vista no later than May 23, 2013 indicating if the City of National City accepts this proposal. Sincerely, ec Kelley Bacon Deputy City Manager Attachment: 1 J:AdmINAnimalCare/ACF Services — Naeonal City 276 FOURTH AVENUE • CHULA VISTA • CALIFORNIA 91910 • (619) 691-5031 • FAX (619) 409-5884 PervC•aamrr Recycled Paper National City Direct Costs FTE 2014 Budget Cost Applied % Kennel % Control Total Kennel Animal Adoption Counselor (6001) 2.00 $ 94,952 $ 94,952 100% $ 94,952 Animal Care Assistant (6001) 5.00 $ 200,681 $ 200,681 100% $ 200,681 Animal Care Assistant (6001) 1.00 $ 34,913 $ 34,913 100% $ 3,491 Animal Care Facility Admin (6001) 1.00 $ 120,559 $ 120,559 100% $ 108,503 Animal Control Officer (6001) 4.00 $ 198,924 $ 198,924 100% $ - Office Specialist (6001) 0.50 $ 20,332 $ 20,332 100% $ 20,332 Office Specialist (6001) 1.00 $ 40,664 $ 40,664 100% $ 36,598 Registered Vet Tech (6001) 2.00 $ 99,462 $ 99,462 100% $ 99,462 Sr Animal Care Assistant (6001) 2.00 $ 88,617 $ 88,617 100% $ 88,617 Veterinarian (6001) 1.00 $ 124,707 $ 82,839 100% $ 82,839 Veterinary Assistant (6001) 1.00 $ 41,442 $ 41,442 100% $ 41,442 Hourly Wages (6005) $ 146,973 $ 133,186 100% $ 119,867 Total Salaries & Wages $ 1,212,226 $ 1,156,571 78% $ 896,784 Tote/ Overtime $ 3,125 $ 39,125 90%: 100% $ 3,913 Total Benefits $ 665,520 $ 648,325 8% 78% $ 502,700 Other Professional Services (6301) $ 11,000 $ 11,000 100% $ 11,000 Other Contractual Services (6401) $ 182,048 $ 176,048 100% $ 176,048 Cellular Phone Service (6506) $ 2,800 $ 2,800 100% $ Printing and Binding (6531) $ 5,000 $ 5,000 100% $ 4,000 Postage (6533) $ 1,600 $ 1,600 100% $ 1,280 Travel/Conf/Mtgs (6541) $ 750 $ Membership/Dues (6542) $ 120 $ Transportation Allow (6551) $ 500 $ 500 100% 0% 100% $ 500 Phone Service (6571) $ 7,055 $ 7,055 100% 0% 100% $ 7,055 Gas and Electric (6572) $ 36,483 $ 36,483 100% 0% 100% $ 36,483 Water (6574) $ 2,000 $ 2,000 100% 0% 100% $ 2,000 Maint - Off Equipt (6611) $ 1,814 $ 1,814 100% 0% 100% $ 1,814 Maint - Other Equipt (6632) $ 500 $ 500 100% 0% 100% $ 500 Fleet Maint Charges (6641) $ 32,059 $ 32,059 0% 100% 100% $ - Office Supplies (6801) $ 10,500 $ 10,500 90% 10% 100% $ 9,450 Janitorial Supplies (6811) $ 14,500 $ 14,500 100% 0% 100% $ 14,500 Medical & Lab Supplies (6833) $ 199,364 $ 185,214 100% 0% 100% $ 185,214 Book, Publications, Maps (6846) $ 519 $ 519 50% 50% 100% $ 260 Animal & Adoption Supplies (6858) $ 25,850 $ 25,850 100% 0% 100% $ 25,850 Wearing Apparel (6881) $ 5,072 $ 5,072 50% 50% 100% $ 2,536 Food Products (6882) $ 42,315 $ 42,315 100% 0% 100% $ 42,315 Supplies and Services Savings (6889) $ (7,952) $ (7,952) 50% 50% 100% $ (3,976) Matls to Main-Bldgs & Grounds (6911) $ 17,517 $ 17,517 100% 0% 100% $ 17,517 Credit Card Trans Fee (7021) $ 2,500 $ 2,500 100% 0% 100% $ 2,500 Cash Shortage (7104) $ - $ Total Supplies & Services $ 593,914 $ 572,894 94% WA 94'Ya $ 536,846 TOTAL BUDGET $ 2,510,785 $ 2,416,915 $ 1,940,242 100% 100% 10% 90% 0% 100% 90% 100% 100% 100% 100% 90% 78% 78%. 100% 100% 0% 80% 80% 0% 0% 90% 10% 100% 0% 10% 0% 0% 0% 0% 10% 0%.. 0% 0% 100% 20% 20% CWOH @ 22.1% of Salaries and Wages $ 198,189 TOTAL CHARGEABLE COSTS $ Z138,431 SUMMARY Kennel @ 17.230% (proportioned based on percentage of animals taken in) Less: Revenue Offset Total Annual Contract Cost $368,453 $31,014 $337,439 FY2014 Monthly Base Rate for National City: $28,119.94 Note: $93,000 of the operating budget was eliminated from the calculation as it is reimbursed by the County for spay and neuter clinics National City Kennel and Control Cost Breakdown Direct Costs Animal Adoption Counselor (6001) '\nimal Care Assistant (6001) knimal Care Assistant (6001) \nimal Care Facility Admin (6001) Animal Control Officer (6001) Office Specialist (6001) Office Specialist (6001) Registered Vet Tech (6001) Sr Animal Care Assistant (6001) Veterinarian (6001) Veterinary Assistant (6001) Hourly Wages (6005) Total Salaries & Wages Total Overtime Total Benefits Other Professional Services (6301) Other Contractual Services (6401) Cellular Phone Service (6506) Printing and Binding (6531) Postage (6533) Travel/Conf/Mtgs (6541) Membership/Dues (6542) Transportation Allow (6551) Phone Service (6571) Gas and Electric (6572) Water (6574) Maint - Off Equipt (6611) Maint - Other Equipt (6632) Fleet Maint Charges (6641) Office Supplies (6801) 'anitorial Supplies (6811) ledical & Lab Supplies (6833) ook, Publications, Maps (6846) Animal & Adoption Supplies (6858) Wearing Apparel (6881) Food Products (6882) Supplies and Services Savings (6889) Matls to Main-Bldgs & Grounds (6911) Credit Card Trans Fee (7021) Cash Shortage (7104) Total Supplies & Services TOTAL BUDGET CWOH @ 22.1% of Salaries and Wages TOTAL CHARGEABLE COSTS FTE 2014 Budget Cost Applied 2.00 $ 94,952 $ 94,952 5.00 $ 200,681 $ 200,681 1.00 $ 34,913 $ 34,913 1.00 $ 4.00 $ 0.50 $ 1.00 $ 2.00 $ 2.00 $ 1.00 $ 1.00 $ $ 120,559 $ 198,924 $ 20,332 $ 40,664 $ 99,462 $ 88,617 $ 120,559 198,924 20,332 40,664 99,462 88,617 124,707 $ 82,839 41,442 $ 41,442 146,973 $ 133,186 1,212,226 $ 1,156,571 39,125 $ 39,125 $ 665,520 $ 648,325 $ 11,000 $ 11,000 $ 182,048 $ 176,048 $ 2,800 $ 2,800 $ 5,000 $ 5,000 $ 1,600 $ 1,600 $ 750 $ - $ 120 $ $ 500 $ 500 $ 7,055 $ 7,055 $ 36,483 $ 36,483 $ 2,000 $ 2,000 $ 1,814 $ 1,814 $ 500 $ 500 $ 32,059 $ 32,059 $ 10,500 $ 10,500 $ 14,500 $ 14,500 $ 199,364 $ 185,214 $ 519 $ 519 $ 25,850 $ 25,850 $ 5,072 $ 5,072 $ 42,315 $ 42,315 $ (7,952) $ (7,952) $ 17,517 $ 17,517 $ 2,500 $ 2,500 $ - $ 593 14 $ 572,894 $ 2,510,785 $ 2,416,915 % Kennel % Control 100% 0% 100% 0% 10% 90% 90% 10% 0% 100% 100% 0% 90% 10% 100% 0% 100% 0% 100% 0% 100% 0% 90% 10% 78% 22° 90% 100% 0% 100% 0% 0% 100% 80% 20% 80% 20% 100% 0% 100% 0% 100% 0% 100% 0% 100% 0% 100% 0% 0% 100% 90% 10% 100% 0% 100% 0% 50% 50% 100% 0% 50% 50% 100% 0% 50% 50% 100% 0% 100% 0% Note: $93,000 of the operating budget was eliminated from the calculation as it is reimbursed by the County for spay and neuter clinics 94`% 6%. Total Kennel 100% $ 94,952 100% $ 200,681 100% $ 3,491 100% $ 108,503 100% $ - 100% $ 20,332 100% $ 36,598 100% $ 99,462 100% $ 88,617 100% $ 82,839 100% $ 41,442 100% $ 119,867 11O% $ 896,784 11o% $ 3,913 1 0% $ 502,7e0 100% $ 11,000 100% $ 176,048 100% $ - 100% $ 4,000 100% $ 1,280 Control 31,422 12,056 198,924 4,066 13,319 259,787 35,213 145,825 2,800 1,000 320 100% $ 500 $ 100% $ 7,055 $ 100% $ 36,483 $ 100% $ 2,000 $ - 100% $ 1,814 $ 100% $ 500 $ 100% $ $ 32,059 100% $ 9,450 $ 1,050 100% $ 14,500 $ - 100% $ 185,214 $ - 100% $ 260 $ 260 100% $ 25,850 $ - 100% $ 2,536 $ 2,536 100% $ 42,315 $ - 100% $ (3,976) $ (3,976) 100% $ 17,517 $ 100% $ 2,500 $ - 100% $ 536,846 $ 36,049 $ 1,940,242 $ 476,673 $ 198,189 $ 57,413 2,1349e431 $ 524,686 K & C Costs Detail ANIMAL SHELTER FY2014 KENNEL COSTS City Chula Vista/Other National City Imperial Beach Lemon Grove Total Animals Taken In 4,699 1,157 468 391 6,715 % of Total' 69.978% 17.230% 6.969% 5.823% 100.00% Summary of Cost Kennel Cost $2,138,431 $2,138,431 $2,138,431 $2,138,431 Agency Share of Kennel Cost $1,496,424 $368,453 $149,037 $124,516 $2,138,431 Revenue Offset $180,000 $180,000 $180,000 $180,000 % of Total' 69.978% 17.230% 6.969% 5.823% 100.00% Agency Share of Revenue Offset $125,960 $31,014 $12,545 $10,481 $180,000 Net Kennel Cost $1,370,464 $337,439 $136,492 $114,035 $1,958,431 ANIMAL SHELTER FY2OI4 CONTROL COSTS City Control Cost Chula Vista/Other $ 534,086 National City $ 534,086 Imperial Beach $ 534,086 Lemon Grove $ 534,086 Total # of FTEs 3.500 0.000 0.800 0.800 5.100 Agency Share of Control Cost $ 381,292 $ 76,397 2 $ 76,397 2 $ 534,086 TOTAL ANIMAL SHELTER FY2014 COSTS City Chula Vista/Other National City Imperial Beach Lemon Grove Total Kennel Control $1,370,464 $381,292 $337,439 $0 $136,492 $76,397 $114,035 $76,397 $1,958,431 $534,086 Annual Total $1,751,757 $337,439 $212,889 $190,432 $2,492,517 Monthly Total $145,980 $28,120 $17,741 $15,869 $207,710 1 Based on calendar year 2012 ratio 2 Salary, citywide overhead, benefits, supplies/services for 0.8 FTE K & C Costs Summary THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF CHULA VISTA TO PROVIDE GENERAL ANIMAL CARE SERVICES TO THE CITY OF NATIONAL CITY This Third Amendment to the Agreement is entered into this 1st day of July 2013, by and between the City of Chula Vista, a chartered municipal corporation of the State of California, and the City of National City, a municipal corporation of the State of California ("National City"). The City of Chula Vista and the City of National City may be referred to collectively as "Parties." RECITALS A. The Parties entered into an Agreement on April 6, 2010 (the "Agreement"), wherein the City of Chula Vista agreed to provide animal shelter and control services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals for the not to exceed amount of $377,730.00 for Fiscal Year 2010-2011. B. The Agreement allows the City of National City the option to extend the Agreement for one-year terms each fiscal year, up to four such extensions. C. The First Amendment to the Agreement extended the term from April 6, 2011 through June 30, 2012, for the not -to -exceed amount of $317,733, and the Second Amendment to the Agreement extended the term from July 1, 2012 through June 30, 2013, in the not to exceed amount of $326,927. D. The Parties now desire to amend the Agreement to extend the term of the Agreement for an additional year, through Fiscal Year 2013-2014, beginning July 1, 2013 and ending June 30, 2014, for a total not -to -exceed amount of $337,439. NOW, THEREFORE, the Parties agree that the Agreement entered into on the 6th day of April, 2010, shall be amended to extend the term through Fiscal Year 2013 - 2014, beginning July 1, 2013 and ending June 30, 2014, for the total not -to -exceed amount of $337,439. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 6, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CITY OF CHULA VISTA By: By: Ron Morrison, Mayor Cheryl Cox, Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Claudia G. Silva City Attorney Glen Googins City Attorney RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE NOT TO EXCEED AMOUNT OF $377,439 TO PROVIDE GENERAL ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE SERVICES TO THE CITY OF NATIONAL CITY FOR ONE ADDITIONAL ONE YEAR TERM THROUGH FISCAL YEAR 2013-2014 WHEREAS, on April 6, 2010, the City Council adopted Resolution No. 2010-54, entering into an agreement with the City of Chula Vista ("Chula Vista") whereby Chula Vista will provide animal shelter and control services for the impounding, adoption, redemption, and care and disposition of clogs, cats, and other small animals for the not to exceed amount of $377,730 for fiscal year 2009/2010, with options to extend for four (4) additional one (1) year terms; and WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-89, approving the First Amendment to the Agreement to extend the term of the Agreement to June 30, 2012, for the total not to exceed amount of $317,733; and WHEREAS, on July 3, 2012, the City Council adopted Resolution No. 2012-141, approving the Second Amendment to the Agreement to extend the Agreement from July 1, 2012 through June 30, 2013, for the total not to exceed amount of $326,927; and WHEREAS, the City of National City and the City of Chula Vista desire to enter into a Third Amendment to the Agreement to extend the services provided by the City of Chula Vista through Fiscal Year 2013-2014, beginning July 1, 2013 and ending June 30, 2014, for the total not to exceed amount of $337,439. 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 the Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services for a total not to exceed amount of $337,439 for fiscal year 2013/2014. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of June, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO.9 TEM TITLE: Investment Report for the quarter ended March 31, 2013. PREPARED BY: Arnold Ocana PHONE: (619) 336-4342 EXPLANATION: See attached staff report. DEPARTMENT: Financ APPROVED BY: FINANCIAL STATEMENT: APPROVED: (`C i• Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the Investment Report for the quarter ended March 31, 2013. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Statements City Council Staff Report May 30, 2013 ITEM Staff Report: Investment Report for the quarter ended March 31, 2013. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: • type of investment; • issuer (bank or institution); • date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2013 is summarized below and compared to the balance as of March 31, 2012. 3/31/13 3/31/12 Book Value (1) $ 49,174,286 $ 50,427,873 Market Value (2) $ 48,943,654 $ 50,461,213 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 53.91% of the City of National City's total investment portfolio (43.72% and 10.19 %, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of Page 2 Staff Report: Investment Report for the quarter ended March 31, 2013. May 30, 2013 investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2013 Total Market %of Issuer/Manager Book Value Market Value' Yield to Mat. Portfolio Local Agency Investment Fund 21,378,339 21,400,115 0.29% 43.72% Chandler Asset Management 20,295,947 20,035,839 0.30% 40.94% County of San Diego 5,000,000 4,989,000 0.47% 10.19% Neighborhood National Bank 2,000,000 2,000,000 0.65% 4.09% First Tennessee National Bank2 500,000 519,894 1.97% 1.06% Totals for March 2013 49,174,286 48,944,848 0.34% 100.00% 1 includes accrued interest 2 calculated on 30/360 basis Neighborhood National Bank $2,000,000 Chandler Asset Management $20,035,839 Local Agency Investment Fund $21,400,115 INVESTMENT PERFORMANCE BY ISSUER/MANAGER Page 3 Staff Report: Investment Report for the quarter ended March 31, 2013. May 30, 2013 Issuer/Manager For the Quarter Ended March 31, 2013 Total Market Value' 12/31/12 3/31/13 Change Yield (Net) Local Agency In estment Fund2 Chandler Asset Management County of San Diego Neighborhood National Bank (CDARS CD) First Tennessee National Bank Totals for March 2013 1 includes accrued interest 2 LAIF book values $ 21,359,627 $ 21,378,339 $ 18,712 0.29% 20,122,063 20,142,370 20,307 0.40% 5,013,000 4,989,000 (24,000) -1.92% 2,004,037 2,000,891 (3,146) 0.65% 524,409 519,894 (4,515) 0.09% $ 49,023,136 $ 49,030,494 $ 7,358 COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Total gains/(losses), realized and unrealized, for the period were $39,246. Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2013. CM CHANDLER f Monthly Account Statement City of National City March 1, 2013 through March 31, 2013 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Trust Company Amy Kung 213-630-6374 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. Ul City of National City Account#10162 Portfolio Summary As of 3/31/2013 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.76 2.18 % 0.47 % 0.30 % AA+/Aaa 1.81 yrs 1.81 yrs SECTOR ALLOCATION Agency (77.5 %) Money Market Fund FI (0.2 %) US Treasury (22.2 %) ACCOUNT SUMMARY Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value Beg. Values End Values as of 2/28/13 as of 3/31/13 20,008,262 20,035,839 121,747 106,531 20,130,010 20,142,370 35,502 35,508 -1,006 19, 466, 399 19, 510, 038 20,253,864 20,295,947 20,253,864 20,295,947 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 0-.25 .25-.5 .5.1 1-2 2-3 3.4 4-5 5+ Maturity (Yrs) TOP ISSUERS Issuer % Portfolio Government of United States 22.2 % Federal National Mortgage Assoc 22.0 % Federal Home Loan Mortgage Corp 20.6 % Federal Home Loan Bank 19.2 % Federal Farm Credit Bank 15.7 % Federated Govt Obligation Money 0.2 % 100.0 % CREDIT QUALITY (S&P) AA (99.8 %) AAA (0.2 %) PERFORMANCE REVIEW Total Rate of Return As of 3/31/2013 City of National City Current Month 0.07 % Latest 3 Months 0.12 % Year To Date 0.12 % Annualized 3 Yrs 0.79 % N/A 1 Yr 5 Yrs N/A Since 10 Yrs 2/29/2012 2/29/2012 N/A 0.69% 0.75% 1-3 Yr TreasuryAgency 0.03 % 0.12 % 0.12 % 0.64 N/A N/A N/A 0.55 % 0.60 % Chandler Asset _'me nt - CONFIDENTIAL raye 1 Execution Time: 4/2/2013 12:56:51 PM of National City ..__aunt #10162 Ho is Report rks or 3/31/13 CUSIP Purchase Date Security Description Par Value/Units Book Yield Cost Value Mkt Price Market Value % of Port. Moody Maturity Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration AGENCY 31398AMW9 FNMA Note 3.25% Due 4/9/2013 575,000.00 02/27/2012 0.22 % 594,371.18 100.07 594,371.18 0.19 % 575,391.00 2.90 Aaa 0.02 8,928.47 (18,980.18) AA+ 0.02 31398AJ94 FNMA Note 1.75% Due 5/7/2013 580,000.00 02/24/2012 590,420.86 100.17 580,960.48 2.90 % Aaa 0.10 0.24 % 590,420.86 0.09 % 4,060.00 (9,460.38) AA+ 0.10 31331KU40 FFCB Note 0.29% Due 5/16/2013 490,000.00 02/24/2012 490,164.15 100.02 490,102.41 2.44 % Aaa 0.13 0.26 490,164.15 0.12 % 532.88 (61.74) AA+ 0.12 3133XXYX9 FHLB Note 1.875% Due 6/21/2013 585,000.00 02/27/2012 597,343.50 100.40 587,337.08 2.93 % Aaa 0.22 0.27 % 597,343.50 0.08 % 3,046.88 (10,006.42) AA+ 0.22 31398AX31 FNMA Note 1.25% Due 8/20/2013 490,000.00 03/07/2012 496,872.25 100.43 492,090.34 2.45 % Aaa 0.39 0.28 % 496,872.25 0.14 % 697.57 (4,781.91) AA+ 0.39 3133X1BV8 FHLB Note 4.5% Due 9/16/2013 415,000.00 03/07/2012 441,480.32 102.02 423,394.62 2.11 % Aaa 0.46 0.30 % 441,480.32 0.08 % 778.13 (18,085.70) AA+ 0.46 3133XSAE8 FHLB Note 3.625% Due 10/18/2013 560,000.00 02/21/2012 590,312.81 101.91 570,672.48 2.88 % Aaa 0.55 0.34 % 590,312.81 0.14 % 9,191.39 (19,640.33) AA+ 0.54 3134A4UK8 FHLMC Note 460,000.00 02/24/2012 495,671.16 102.99 473,762.28 2.39 % Aaa 0.63 4.875% Due 11/15/2013 0.34 % 495,671.16 0.06 % 8,471.67 (21,908.88) AA+ 0.61 31331RP90 FFCB Note 545,000.00 02/28/2012 593,701.20 103.69 565,121.40 2.85 % Aaa 0.70 5.45% Due 12/11/2013 0.42 % 593,701.20 0.13 % 9,075.76 (28,579.80) AA+ 0.68 31398AVZ2 FNMA Note 470,000.00 02/24/2012 492,683.61 102.45 481,504.19 2.39 % Aaa 0.95 2.75% Due 3/13/2014 0.38 % 492,683.61 0.17 % 646.25 (11,179.42) AA+ 0.94 3137EACB3 FHLMC Note 2.5% Due 4/23/2014 475,000.00 02/21/2012 496,260.53 102.48 486,797.10 2.44 % Aaa 1.06 0.42 % 496,260.53 0.16 % 5,211.81 (9,463.43) AA+ 1.04 3133X7FK5 FHLB Note 530,000.00 02/21/2012 589,291.10 106.17 562,706.30 2.83 % Aaa 1.22 5.25% Due 6/18/2014 0.40 % 589,291.10 0.16 % 7,961.04 (26,584.80) AA+ 1.18 3137EACD9 FHLMC Note 470,000.00 02/24/2012 498,859.88 103.61 486,965.12 2.43 % Aaa 1.33 3% Due 7/28/2014 0.45 % 498,859.88 0.27 % 2,467.50 (11,894.76) AA+ 1.30 31398AZV7 FNMA Note 470,000.00 02/21/2012 496,614.22 103.91 488,371.83 2.45 % Aaa 2.625% Due 11/20/2014 0.54 % 496,614.22 0.23 % 4,489.48 (8,242.39) AA+ 1.64 1.60 3137EACHO FHLMC Note 2.875% Due 2/9/2015 560,000.00 02/24/2012 598,380.16 104.77 586,722.08 2.92 % Aaa 1.86 0.53 % 598,380.16 0.29 % 2,325.56 (11,658.08) AA+ 1.81 31398AU34 FNMA Note 470,000.00 02/24/2012 497,406.17 104.64 491,810.35 2.45 % Aaa 2.33 2.375% Due 7/28/2015 0.65 % 497,406.17 0.37 % 1,953.44 (5,595.82) AA+ 2.26 3133EADW5 FFCB Note 0.55% Due 8/17/2015 425,000.00 04/19/2012 424,260.50 100.16 425,661.30 2.11 % Aaa 2.38 0.60 % 424,260.50 0.48 % 285.69 1,400.80 AA+ 2.36 3137EACM9 FHLMC Note 535,000.00 1.75% Due 9/10/2015 02/24/2012 555,169.50 103.33 552,803.19 2.75 % Aaa 2.45 0.67 % 555,169.50 0.38 % 546.15 (2,366.31) AA+ 2.40 313370JB5 FHLB Note 1.75% Due 9/11/2015 565,000.00 01/11/2013 585,407.80 103.30 583,664.21 2.90 % Aaa 2.45 0.38 % 585,407.80 0.39 % 549.31 (1,743.59) AA+ 2.40 31331J2S1 FFCB Note 1.5% Due 11/16/2015 375,000.00 02/27/2012 386,490.75 102.99 386,200.13 1.93 % Aaa 2.63 0.66 % 386,490.75 0.36 % 2,109.38 (290.62) AA+ 2.57 Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 4/2/2013 12:56:51 PM City of National City ! Account #10162 Holdings Report As of 3/31/13 CUSIP AGENCY Security Description Purchase Date Par Value/Units Book Yield Cost Value Mkt Price Market Value % of Port. Moody Maturity Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration 313371NW2 FHLB Note 1.375% Due 12/11/2015 3135G0SB0 FNMA Note 0.375% Due 12/21/2015 3133ECFV1 FFCB Note 0.43% Due 1/29/2016 600,000.00 11 / 16/2012 0.39 % 617,928.00 102.65 617,926.00 0.38 % 615,915.60 2,520.83 3.07 % Aaa 2.70 (2,012.40) AA+ 2.64 490,000.00 11/26/2012 488,858.30 99.88 489,420.82 2.43 % Aaa 2.73 3133EAJU3 FFCB Note 1.05% Due 3/28/2016 0.45 % 488,858.30 0.42 % 510.42 562.52 AA+ 2.70 515,000.00 02/25/2013 514,902.15 100.06 515,284.80 2.56 % Aaa 2.83 0.44 % 514,902.15 0.41 % 239.90 382.65 AA+ 2.81 340,000.00 03/11/2013 346,079.20 101.99 346,780.96 1.72 % Aaa 2.99 0.46 % 346,079.20 0.38 % 29.75 701.76 AA+ 2.95 3135G0BA0 FNMA Note 375,000.00 02/24/2012 397,993.13 105.89 397,090.13 1.99 % Aaa 3.03 2.375% Due 4/11/2016 0.86 % 397,993.13 0.42 % 4,205.73 (903.00) AA+ 2.91 3137EACT4 FHLMC Note 375,000.00 03/20/2012 395,804.63 106.28 398,536.88 1.99 % Aaa 3.16 2.5% Due 5/27/2016 1.14 % 395,804.63 0.49 % 3,229.17 2,732.25 AA+ 3.03 3137EACW7 FHLMC Note 575,000.00 01/09/2013 604,762.00 104.95 603,478.60 3.00 % Aaa 3.41 2% Due 8/25/2016 0.56 % 604,762.00 0.53 % 1,150.00 (1,283.40) AA+ 3.29 31331V3Z7 FFCB Note 365,000.00 06/22/2012 430,134.25 115.54 421,712.24 2.10 % Aaa 3.46 5.2% Due 9/15/2016 0.88 % 430,134.25 0.65 % 843.56 (8,422.01) AA+ 3.21 313371PV2 FHLB Note 480,000.00 1.625% Due 12/9/2016 02/29/2012 494,668.80 103.95 498,942.72 2.49 % Aaa 3.70 0.97 % 494,668.80 0.54 % 2,426.67 4,273.92 AA+ 3.57 3135G0GY3 FNMA Note 400,000.00 09/17/2012 409,328.00 102.18 408,732.00 2.03 % Aaa 3.84 1.25% Due 1/30/2017 0.71 % 409,328.00 0.67 % 847.22 (596.00) AA+ 3.74 3137EADCO FHLMC Note 535,000.00 08/20/2012 538,386.55 101.22 541,526.47 2.69 % Aaa 3.94 1% Due 3/8/2017 0.86 % 538,386.55 0.69 % 341.81 3,139.92 AA+ 3.85 15,750,006.66 15,529,459.11 77.54 % Aaa 1.85 Total Agency 15,095,000.00 0.50 % 15,750,006.66 0.31 % 89,673.42 (220,547.55) AA+ 1.80 MONEY MARKET FUND FI 60934N807 Federated Govt Oblig Fund Inst. 50,037.83 Various 50,037.83 1.00 50,037.83 0.25 % Aaa 0.00 0.01 % 50,037.83 0.01 % 0.00 0.00 AAA 0.00 Total Money Market Fund FI 50,037.83 0.01 % 50,037.83 50,037.83 0.25 % Aaa 0.00 50,037.83 0.01 % 0.00 0.00 AAA 0.00 US TREASURY 912828HY9 US Treasury Note 480,000.00 02/24/2012 496,351.61 100.24 481,143.84 2.42 % Aaa 0.08 3.125% Due 4/30/2013 0.22 % 496,351.61 0.25 % 6,298.34 (15,207.77) AA+ 0.08 912828PB0 US Treasury Note 500,000.00 01/30/2013 501,271.21 100.21 501,035.00 2.49 % Aaa 0.54 0.5% Due 10/15/2013 0.14 % 501,271.21 0.12 % 1,153.85 (236.21) AA+ 0.54 912828PU8 US Treasury Note 490,000.00 02/21/2012 491,705.16 100.23 491,110.34 2.44 % Aaa 0.63 0.5% Due 11/15/2013 0.30 % 491,705.16 0.14 % 927.21 (594.82) AA+ 0.62 912828PZ7 US Treasury Note 500,000.00 02/21/2012 509,493.86 101.03 505,156.00 2.51 % Aaa 0.96 1.25% Due 3/15/2014 0.32 % 509,493.86 0.17 % 288.72 (4,337.86) AA+ 0.95 Chandler Asset 6 _ vent - CONFIDENTIAL rage 4 Execution Time: 4/2/2013 12:56:51 PM of National City Mccount #10162 Ho js Report As of 3/31/13 CUSIP US TREASURY Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value % of Port. Moody Maturity Accrued Int. Gain/Loss S&P Duration 912828LK4 US Treasury Note 2.375% Due 8/31/2014 470,000.00 02/24/2012 0.39 % 493,244.54 103.05 493,244.54 0.22 % 484,338.76 912828MZ0 US Treasury Note 2.5% Due 4/30/2015 2.41 % 970.65 (8,905.78) 420,000.00 02/24/2012 446,612.34 104.63 439,425.00 0.49 % 446,612.34 0.27 % 4,408.84 912828PE4 US Treasury Note 1.25% Due 10/31/2015 912828QA1 US Treasury Note 2.25% Due 3/31/2016 435,000.00 02/24/2012 445,434.66 102.38 445,365.18 0.59 % 445,434.66 0.32 % 2,283.15 500,000.00 12/14/2012 530,431.36 105.63 528,125.00 0.38 % 530,431.36 0.36 % 30.74 912828RF9 US Treasury Note 1% Due 8/31/2016 570,000.00 10/12/2012 581,357.38 101.87 580,643.04 0.48 % 581,357.38 0.45 % 495.65 Aaa 1.42 AA+ 1.40 2.20 % Aaa 2.08 (7,187.34) AA+ 2.02 2.22 % Aaa 2.59 (69,48) AA+ 2.53 2.62 % Aaa 3.00 (2,306.36) AA+ 2.92 Total US Treasury 2.89 % Aaa 3.42 (714.34) AA+ 3.36 4,495,902.12 4,456,342.16 22.21 % Aaa 1.67 4,365,000.00 0.37 % 4,495,902.12 0.26 % 16,857.15 (39,559.96) AA+ 1.63 TOTAL PORTFOLIO 19,510,037.83 0.47 % 20,295,946.61 20,295,946.61 TOTAL MARKET VALUE PLUS ACCRUED 20,035,839.10 100.00 % Aaa 0.30 % 106,530.57 (260,107.51) AA+ 20,142,369.67 1.81 1.76 Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 4/2/2013 12:56:51 PM Monthly Account Statement City of National City February 1, 2013 through February 28, 2013 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Trust Company Amy Kung 213-630-6374 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by /DC, an independent pricing source. lk1 City of National City Account#10162 Portfolio Summary As of 2/28/2013 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.80 2.21 % 0.47 % 0.36 % AA+/Aaa 1.84 yrs 1.84 yrs SECTOR ALLOCATION Agency (77.6 %) Money Market Fund FI (0.1 %) US Treasury (22.3 %) ACCOUNT SUMMARY Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value Beg. Values End Values as of 1/31/13 as of 2/28/13 19,999,760 20,008,262 114,888 121,747 20,114,649 20,130,010 36,944 35,502 -1,006 19,438,664 19, 466, 399 20,229,588 20,253,864 20,229,588 20,253,864 MATURITY DISTRIBUTION 25% 20% 15% 10% 5% 12.4 % 5.4% 15.2 % 20,4 % 24.7 % 19.2 % 2.7 % 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5* Maturity (Yrs) TOP ISSUERS Issuer % Portfolio Government of United States 22.3 % Federal National Mortgage Assoc 22.0 % Federal Home Loan Mortgage Corp 20.7 % Federal Home Loan Bank 19.3 % Federal Farm Credit Bank 15.7 % Federated Govt Obligation Money 0.1 % 100.0 % CREDIT QUALITY (S&P) AA (99.9 %) AAA (0.1 %) PERFORMANCE REVIEW Total Rate of Return As of 2/28/2013 City of National City Current Month 0.08 Latest 3 Months 0.05 % Year To Date 0.05 % Annualized 3 Yrs 0.69 % N/A 1 Yr 5 Yrs N/A Since 10 Yrs 2/29/2012 2/29/2012 N/A N/A 0.69 1-3 Yr TreasuryAgency 0.08 % 0.13 % 0.09 % 0.57 % N/A N/A N/A N/A 0.57 % Chandler Asset I nent - CONFIDENTIAL rayu 1 Execution Time: 3/5/2013 9:13:50 AM of National City j ..__runt #10162 Hol is Report /AS of 2/28/13 CUSIP Security Description Purchase Date Par Value/Units Book Yield Cost Value Mkt Price Market Value % of Port. Moody Maturity Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration AGENCY 31331GPN3 FFCB Note 2.6% Due 3/4/2013 325,000.00 03/07/2012 0.22 % 332,635.88 100.02 332,635.88 1.36 % 325,065.98 31398AMW9 FNMA Note 3.25% Due 4/9/2013 575,000.00 31398AJ94 FNMA Note 1.75% Due 5/7/2013 1.64 % 4,154.58 (7,569.90) Aaa 0.01 AA+ 0.02 02/27/2012 594,371.18 100.33 576,923.38 2.90 % Aaa 0.11 0.22 % 594,371.18 0.31 % 7,371.18 (17,447.80) AA+ 0.11 580,000.00 02/24/2012 590,420.86 100.28 581,646.62 2.91 % Aaa 0.19 0.24 % 590,420.86 0.27 % 3,214.17 (8,774.24) AA+ 0.19 31331KU40 FFCB Note 0.29% Due 5/16/2013 490,000.00 02/24/2012 490,164.15 100.03 490,132.30 2.44 % Aaa 0.21 0.26 % 490,164.15 0.17 % 414.46 (31.85) AA+ 0.22 3133XXYX9 FHLB Note 1.875% Due 6/21/2013 585,000.00 02/27/2012 597,343.50 100.53 588,099.33 2.93 % Aaa 0.31 0.27 % 597,343.50 0.19 % 2,132.81 (9,244.17) AA+ 0.31 31398AX31 FNMA Note 490,000.00 03/07/2012 496,872.25 100.50 492,427.46 2.45 % Aaa 0.47 1.25% Due 8/20/2013 0.28 % 496,872.25 0.21 % 187.15 (4,444.79) AA+ 0.48 3133X1BV8 FHLB Note 415,000.00 03/07/2012 441,480.32 102.33 424,685.27 2.15 % Aaa 0.55 4.5% Due 9/16/2013 0.30 % 441,480.32 0.25 % 8,559.38 (16,795.05) AA+ 0.54 3133XSAE8 FHLB Note 560,000.00 02/21/2012 590,312.81 102.14 572,007.52 2.88 % Aaa 0.64 3.625% Due 10/18/2013 0.34 % 590,312.81 0.26 % 7,499.72 (18,305.29) AA+ 0.63 3134A4UK8 FHLMC Note 460,000.00 02/24/2012 495,671.16 103.34 475,353.88 2.39 % Aaa 0.71 4.875% Due 11/15/2013 0.34 % 495,671.16 0.19 % 6,602.92 (20,317.28) AA+ 0.70 31331RP90 FFCB Note 545,000.00 02/28/2012 593,701.20 104.08 567,224.01 2.85 % Aaa 0.78 5.45% Due 12/11/2013 0.42 % 593,701.20 0.25 % 6,600.56 (26,477.19) AA+ 0.77 31398AVZ2 FNMA Note 470,000.00 02/24/2012 492,683.61 102.62 482,298.49 2.43 % Aaa 1.04 2.75% Due 3/13/2014 0.38 % 492,683.61 0.23 % 6,031.67 (10,385.12) AA+ 1.02 3137EACB3 FHLMC Note 475,000.00 02/21/2012 496,260.53 102.64 487,527.65 2.44 % Aaa 1.15 2.5% Due 4/23/2014 0.42 % 496,260.53 0.21 % 4,222.22 (8,732.88) AA+ 1.13 3133X7FK5 FHLB Note 530,000.00 02/21/2012 589,291.10 106.55 564,699.10 2.83 % Aaa 1.30 5.25% Due 6/18/2014 0.40 % 589,291.10 0.22 % 5,642.29 (24,592.00) AA+ 1.27 3137EACD9 FHLMC Note 470,000.00 02/24/2012 498,859.88 103.80 487,868.46 2.43 % Aaa 1.41 3% Due 7/28/2014 0.45 % 498,859.88 0.31 % 1,292.50 (10,991.42) AA+ 1.39 31398AZV7 FNMA Note 470,000.00 02/21/2012 496,614.22 104.08 489,164.25 2.45 % Aaa 1.73 2.625% Due 11/20/2014 0.54 % 496,614.22 0.26 % 3,461.35 (7,449.97) AA+ 1.69 3137EACHO FHLMC Note 560,000.00 02/24/2012 598,380.16 104.97 587,816.32 2.92 % Aaa 1.95 2.875% Due 2/9/2015 0.53 % 598,380.16 0.31 % 983.89 (10,563.84) AA+ 1.90 31398AU34 FNMA Note 2.375% Due 7/28/2015 470,000.00 02/24/2012 497,406.17 104.76 492,393.15 2.45 % Aaa 2.41 0.65 % 497,406.17 0.39 % 1,023.23 (5,013.02) AA+ 2.36 3133EADW5 FFCB Note 425,000.00 0.55% Due 8/17/2015 04/19/2012 424,260.50 100.09 425,378.25 2.11 % Aaa 2.47 0.60 % 424,260.50 0.51 % 90.90 1,117.75 AA+ 2.45 3137EACM9 FHLMC Note 1.75% Due 9/10/2015 535,000.00 02/24/2012 555,169.50 103.41 553,239.22 2.77 % Aaa 2.53 0.67 % 555,169.50 0.40 % 4,447.19 (1,930.28) AA+ 2.47 313370JB5 FHLB Note 1.75% Due 9/11/2015 565,000.00 01/11/2013 585,407.80 103.39 584,135.99 2.93 % Aaa 2.53 0.38% 585,407.80 0.41 % 4,669.10 (1,271.81) AA+ 2.47 Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 3/5/2013 9:13:50 AM City of National City Account #10162 Holdings Report As of 2/28/13 CUSIP Security Description Purchase Date Cost Value Mkt Price Market Value % of Port. Moody Maturity Par Value/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration AGENCY 31331J2S1 FFCB Note 1.5% Due 11/16/2015 375,000.00 02/27/2012 0.66 % 386,490.75 103.00 386,490.75 0.39 % 386,232.75 1,640.63 1.93 % Aaa 2.72 (258.00) AA+ 2.66 313371NW2 FHLB Note 1.375% Due 12/11/2015 3135G0SB0 FNMA Note 0.375% Due 12/21/2015 600,000.00 11/16/2012 617,928.00 102.73 616,363.20 3.07 % Aaa 2.78 0.39 % 617,928.00 0.39 % 1,833.33 (1,564.80) AA+ 2.73 490,000.00 11/26/2012 488,858.30 99.86 489,320.86 2.43 % Aaa 2.81 0.45 % 488,858.30 0.42 % 357.29 462.56 AA+ 2.79 3133ECFV1 FFCB Note 0.43% Due 1/29/2016 515,000.00 02/25/2013 514,902.15 99.96 514,802.75 2.56 % Aaa 2.92 0.44 % 514,902.15 0.44 % 55.36 (99.40) AA+ 2.90 3135G0BA0 FNMA Note 375,000.00 02/24/2012 397,993.13 105.98 397,422.75 1.99 % Aaa 3.12 0.86 % 397,993.13 0.44 % 3,463.54 (570.38) AA+ 3.00 3137EACT4 FHLMC Note 375,000.00 03/20/2012 395,804.63 106.37 398,904.75 1.99 % Aaa 3.24 2.375% Due 4/11/2016 2.5% Due 5/27/2016 1.14 % 395,804.63 0.52 % 2,447.92 3,100.12 AA+ 3.12 3137EACW7 FHLMC Note 575,000.00 2% Due 8/25/2016 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 01/09/2013 604,762.00 104.97 603,586.13 3.00 % Aaa 3.49 0.56 % 604,762.00 0.56 % 191.67 (1,175.87) AA+ 3.38 365,000.00 06/22/2012 430,134.25 115.71 422,324.35 2.14% Aaa 3.55 0.88 % 430,134.25 0.71 % 8,751.89 (7,809.90) AA+ 3.23 313371PV2 FHLB Note 1.625% Due 12/9/2016 480,000.00 02/29/2012 494,668.80 103.94 498,929.76 2.49 % Aaa 3.78 0.97 % 494,668.80 0.57 % 1,776.67 4,260.96 AA+ 3.66 3135G0GY3 FNMA Note 400,000.00 09/17/2012 409,328.00 102.17 408,676.80 2.03 % Aaa 3.92 1.25% Due 1/30/2017 0.71 % 409,328.00 0.69 % 430.56 (651.20) AA+ 3.82 3137EADCO FHLMC Note 535,000.00 08/20/2012 538,386.55 101.21 541,451.03 2.70 % Aaa 4.02 1% Due 3/8/2017 0.86 % 538,386.55 0.70 % 2,570.97 3,064.48 AA+ 3.93 Total Agency 15,736,563.34 15,080,000.00 0.50 % 15,736,563.34 15,526,101.76 77.64 % Aaa 1.87 0.39 % 102,121.10 (210,461.58) AA+ 1.83 MONEY MARKET FUND FI 60934N807 Federated Govt Oblig Fund Inst. 21, 398.63 Various 0.01 % 21,398.63 1.00 21,398.63 21,398.63 0.01 % 0.00 0.11 % Aaa 0.00 0.00 AAA 0.00 Total Money Market Fund FI 21,398.63 0.01 % 21,398.63 21,398.63 21,398.63 0.01 % 0.00 0.11 % Aaa 0.00 0.00 AAA 0.00 US TREASURY 912828HY9 US Treasury Note 480,000.00 02/24/2012 496,351.61 100.50 482,381.28 2.42 % Aaa 0.17 3.125% Due 4/30/2013 0.22 % 496,351.61 0.18 % 5,013.81 (13,970.33) AA+ 0.17 912828PB0 US Treasury Note 500,000.00 01/30/2013 501,271.21 100.21 501,054.50 2.49 % Aaa 0.63 0.5% Due 10/15/2013 0.14 % 501,271.21 0.16 % 940.93 (216.71) AA+ 0.62 912828PU8 US Treasury Note 490,000.00 02/21/2012 491,705.16 100.24 491,186.78 2.44 % Aaa 0.71 0.5% Due 11/15/2013 0.30 % 491,705.16 0.16 % 717.40 (518.38) AA+ 0.71 912828PZ7 US Treasury Note 500,000.00 02/21/2012 509,493.86 101.10 505,488.50 2.53 % Aaa 1.04 1.25% Due 3/15/2014 0.32 % 509,493.86 0.19 % 2,883.29 (4,005.36) AA+ 1.03 Chandler Asset D nent - CONFIDENTIAL reye 4 Execution Time: 3/5/2013 9,13:Sn AM of National City r♦ccount #10162 Hol Is Report As of 2/28/13 CUSIP Security Description Purchase Date Par Value/Units Book Yield Cost Value Mkt Price Market Value % of Port. Moody Maturity Book Value Mkt YTM Accrued Int. GainlLoss S&P Duration US TREASURY 912828LK4 US Treasury Note 2.375% Due 8/31/2014 470,000.00 02/24/2012 0.39 % 493, 244.54 103.23 493,244.54 0.22 % 485,183.35 30.33 Aaa (8,061.19) AA+ 2.41 1.50 1.48 912828MZ0 US Treasury Note 2.5% Due 4/30/2015 420,000.00 02/24/2012 0.49 % 446,612.34 104.81 446,612.34 0.27 % 440,212.50 3,509.67 2.20 % Aaa 2.17 (6,399.84) AA+ 2.11 912828PE4 US Treasury Note 1.25% Due 10/31/2015 435,000.00 02/24/2012 445,434.66 102.48 445,773.21 2.22 % Aaa 2.67 0.59 % 445,434.66 0.32 % 1,817.51 338.55 AA+ 2.62 912828QA1 US Treasury Note 500,000.00 12/14/2012 530,431.36 105.75 528,750.00 2.65 % Aaa 3.09 2.25% Due 3/31/2016 0.38 % 530,431.36 0.37 % 4,697.80 (1,681.36) AA+ 2.97 912828RF9 US Treasury Note 570,000.00 10/12/2012 581,357.38 101.88 580,731.96 2.88 % Aaa 3.51 0.48 % 581,357.38 0.46 % 15.49 (625.42) AA+ 4,495,902.12 4,460,762.08 Aaa Total US Treasury 4,365,000.00 0.37 % 4,495,902.12 0.26 % 19,626.23 AA+ 1% Due 8/31/2016 22.26 % (35,140.04) 3.44 1.75 1.71 TOTAL PORTFOLIO 19,466,398.63 0.47 % 20,253,864.09 20,253,864.09 0.36 % 20,008,262.47 121,747.33 100.00 % (245,601.62) Aaa AA+ 1.84 1.80 TOTAL MARKET VALUE PLUS ACCRUED 20,130,009.80 Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 3/5/2013 9:13:50 AM CM CHANDLER ,A..-1,S•rr.- Monthly Account Statement City of National City January 1, 2013 through January 31, 2013 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Trust Company Amy Kung 213-630-6374 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by !DC, an independent pricing source. 7771,71M1t, `,1 City of National City Account #10162 Portfolio Summary As of 1/31/2013 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.80 2.22 % 0.46 % 0.32 % AA+/Aaa 1.85 yrs 1.85 yrs SECTOR ALLOCATION Agency (77.6 %) Money Market Fund FI (0.1 %) US Treasury (22.3 %) ACCOUNT SUMMARY Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value Beg. Values as of 12/31/12 20,022,021 100,041 20,122,063 36,476 19,469,013 20,233,259 20,233,259 End Values as of 1/31/13 19,999,760 114,888 20,114,649 36,944 -1,006 19,438,664 20,229,588 20,229,588 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 9.5 % 8.3 % 17.7 % 17.6 % 25.1 % 19.2 % 2.7 % 0-.25 .25-.5 .6.1 1-2 2-3 3.4 4-5 5+ Maturity (Yrs) TOP ISSUERS Issuer % Portfolio Government of United States 22.3 Federal National Mortgage Assoc 22.1 Federal Home Loan Mortgage Corp 20.7 % Federal Home Loan Bank 19.3 Federal Farm Credit Bank 15.6 % Federated Govt Obligation Money 0.1 100.0 % CREDIT QUALITY (S&P) AA (99.9 %) AAA (0.1%) PERFORMANCE REVIEW Total Rate of Return As of 1/31/2013 City of National City 1-3 Yr TreasuryAgency Current Latest Year Month 3 Months To Date -0.03 % 0.10 % -0.03 % 1 Yr N/A 0.01% 0.14% 0.01% N/A Annualized 3 Yrs N/A N/A 5 Yrs 10 Yrs N/A N/A Since 2/29/2012 2/29/2012 N/A N/A N/A N/A 0.60 % 0.49 Chandler Asset t lent - CONFIDENTIAL Page 1 ilk11 >f r....,unt #10162NationalCity Hol s Report H5 0r 1/31/13 CUSIP Security Description Purchase Date Cost Value Par Value/Units Book Yield Book Value Mkt Price Mkt YTM Market Value % of Port. Moody Maturity Accrued Int Gain/Loss S&P Duration AGENCY 31331KCP3 FFCB Note 0.9% Due 2/22/2013 490,000.00 02/24/2012 0.20 % 493,361.40 100.04 493,361.40 0.14 % 490,217.07 1,947.75 2.45 % Aaa 0.06 (3,144.33) AA+ 0.06 31331GPN3 FFCB Note 2.6% Due 3/4/2013 325,000.00 03/07/2012 332,635.88 100.23 325,732.23 1.64 % Aaa 0.09 0.22 % 332,635.88 0.14 % 3,450.42 (6,903.65) AA+ 0.09 31398AMW9 FNMA Note 3.25% Due 4/9/2013 575,000.00 02/27/2012 594,371.18 100.60 578,452.88 2.90 % Aaa 0.19 0.22 % 594,371.18 0.07 % 5,813.89 (15,918.30) AA+ 0.19 31398AJ94 FNMA Note 1.75% Due 5/7/2013 580,000.00 02/24/2012 590,420.86 100.42 582,410.48 2.91 % Aaa 0.26 0.24 % 590,420.86 0.19 % 2,368.33 (8,010.38) AA+ 0.27 31331 KU40 FFCB Note 0.29% Due 5/16/2013 490,000.00 02/24/2012 490,164.15 100.04 490,214.13 2.44 % Aaa 0.29 0.26 % 490,164.15 0.14 % 296.04 49.98 AA+ 0.29 3133XXYX9 FHLB Note 585,000.00 02/27/2012 597,343.50 100.68 588,967.47 2.93 % Aaa 0.39 1.875% Due 6/21/2013 0.27 % 597,343.50 0.13 % 1,218.75 (8,376.03) AA+ 0.39 31398AX31 FNMA Note 1.25% Due 8/20/2013 3133X1BV8 FHLB Note 4.5% Due 9/16/2013 490,000.00 03/07/2012 496,872.25 100.58 492,856.70 2.46 % Aaa 0.55 0.28 % 496,872.25 0.19 % 2,739.24 (4,015.55) AA+ 0.55 415,000.00 03/07/2012 441,480.32 102.70 426,192.97 2.15 % Aaa 0.62 0.30 % 441,480.32 0.18 % 7,003.13 (15,287.35) AA+ 0.61 3133XSAE8 FHLB Note 560,000.00 02/21/2012 590,312.81 102.44 573,674.64 2.88 % Aaa 0.71 3.625% Due 10/18/2013 0.34 % 590,312.81 0.20 % 5,808.06 (16,638.17) AA+ 0.70 3134A4UK8 FHLMC Note 4.875% Due 11/15/2013 460,000.00 02/24/2012 495,671.16 103.75 477,241.26 2.40 % Aaa 0.79 0.34 % 495,671.16 0.12 % 4,734.17 (18,429.90) AA+ 0.78 31331RP90 FFCB Note 545,000.00 02/28/2012 593,701.20 104.53 569,701.04 2.85 % Aaa 0.86 5.45% Due 12/11/2013 0.42 % 593,701.20 0.18 % 4,125.35 (24,000.16) AA+ 0.85 31398AVZ2 FNMA Note 470,000.00 02/24/2012 492,683.61 102.85 483,372.44 2.43 % Aaa 1.11 2.75% Due 3/13/2014 0.38 % 492,683.61 0.20 % 4,954.58 (9,311.17) AA+ 1.10 3137EACB3 FHLMC Note 475,000.00 02/21/2012 496,260.53 102.84 488,473.85 2.44 % Aaa 1.22 2.5% Due 4/23/2014 0.42 % 496,260.53 0.19 % 3,232.64 (7,786.68) AA+ 1.21 3133X7FK5 FHLB Note 530,000.00 02/21/2012 589,291.10 106.96 566,877.40 2.83 % Aaa 1.38 5.25% Due 6/18/2014 0.40 % 589,291.10 0.20 % 3,323.54 (22,413.70) AA+ 1.34 3137EACD9 FHLMC Note 470,000.00 02/24/2012 498,859.88 104.00 488,816.45 2.43 % Aaa 1.49 3% Due 7/28/2014 0.45 % 498,859.88 0.31 % 117.50 (10,043.43) AA+ 1.47 31398AZV7 FNMA Note 470,000.00 02/21/2012 496,614.22 104.27 490,063.36 2.45 % Aaa 1.80 2.625% Due 11/20/2014 0.54 % 496,614.22 0.25 % 2,433.23 (6,550.86) AA+ 1.76 3137EACHO FHLMC Note 560,000.00 02/24/2012 598,380.16 105.16 588,896.00 2.97 % Aaa 2.02 2.875% Due 2/9/2015 0.53 % 598,380.16 0.31 % 7,692.22 (9,484.16) AA+ 1.95 31398AU34 FNMA Note 470,000.00 02/24/2012 497,406.17 104.97 493,370.75 2.45 % Aaa 2.49 2.375% Due.7/28/2015 0.65 % 497,406.17 0.37 % 93.02 (4,035.42) AA+ 2.43 3133EADW5 FFCB Note 425,000.00 0.55% Due 8/17/2015 04/19/2012 424,260.50 100.13 425,556.33 2.12 % Aaa 2.54 0.60 % 424,260.50 0.50 % 1,064.86 1,295.83 AA+ 2.52 3137EACM9 FHLMC Note 535,000.00 1.75% Due 9/10/2015 02/24/2012 555,169.50 103.53 553,874.80 2.77 % Aaa 2.61 0.67 % 555,169.50 0.39 % 3,666.98 (1,294.70) AA+ 2.54 Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 2/4/2013 1:17:31 PM M j City of National City Account #10162 Holdings Report As of 1/31/13 CUSIP Security Description Purchase Date Cost Value Mkt Price Market Value % of Port. Moody Maturity Par Value/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration AGENCY 313370JB5 FHLB Note 1.75% Due 9/11/2015 565,000.00 01/11/2013 0.38 % 585,407.80 103.53 585,407.80 0.39 % 584,946.76 3,845.14 2.93 % Aaa 2.61 (461.04) AA+ 2.54 31331J2S1 FFCB Note 1.5% Due 11/16/2015 313371NW2 FHLB Note 1.375% Due 12/11/2015 3135G0SB0 FNMA Note 0.375% Due 12/21/2015 375,000.00 02/27/2012 386,490.75 103.06 386,461.13 1.93 % Aaa 2.79 0.66 % 386,490.75 0.40 % 1,171.88 (29.62) AA+ 2.73 600,000.00 11/16/2012 617,928.00 102.76 616,546.80 3.07 % Aaa 2.86 0.39 % 617,928.00 0.40 % 1,145.83 (1,381.20) AA+ 2.81 490,000.00 11/26/2012 488,858.30 99.79 488,954.34 2.43 % Aaa 2.89 0.45 % 488,858.30 0.45 % 204.17 96.04 AA+ 2.87 3135G0BA0 FNMA Note 375,000.00 02/24/2012 397,993.13 106.03 397,593.75 1.99 % Aaa 3.19 2.375% Due 4/11/2016 0.86 % 397,993.13 0.47 % 2,721.35 (399.38) AA+ 3.07 3137EACT4 FHLMC Note 375,000.00 03/20/2012 395,804.63 106.42 399,073.50 1.99 % Aaa 3.32 2.5% Due 5/27/2016 1.14 % 395,804.63 0.55 % 1,666.67 3,268.87 AA+ 3.19 3137EACW7 FHLMC Note 575,000.00 2% Due 8/25/2016 01/09/2013 604,762.00 104.98 603,630.98 3.03 % Aaa 3.57 0.56 % 604,762.00 0.59 % 4,983.33 (1,131.02) AA+ 3.43 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 313371PV2 FHLB Note 1.625% Due 12/9/2016 365,000.00 06/22/2012 430,134.25 115.95 423,232.10 2.14 % Aaa 3.62 0.88 % 430,134.25 0.73 % 7,170.22 (6,902.15) AA+ 3.30 480,000.00 02/29/2012 494,668.80 103.65 497,543.04 2.48 % Aaa 3.86 0.97 % 494,668.80 0.66 % 1,126.67 2,874.24 AA+ 3.73 3135G0GY3 FNMA Note 400,000.00 09/17/2012 409,328.00 101.97 407,881.20 2.03 % Aaa 4.00 1.25% Due 1/30/2017 0.71 % 409,328.00 0.75 % 13.89 (1,446.80) AA+ 3.90 3137EADCO FHLMC Note 535,000.00 08/20/2012 538,386.55 100.76 539,056.37 2.69 % Aaa 4.10 1% Due 3/8/2017 0.86 % 538,386.55 0.81 % 2,125.14 669.82 AA+ 4.00 Total Agency 15,055,000.00 0.49 15,715,022.59 15,715,022.59 15,519,882.22 77.62 % Aaa 1.85 0.34 % 92,257.99 (195,140.37) AA+ 1.80 MONEY MARKET FUND Ft 60934N807 Federated Govt Oblig Fund Inst. 18,663.58 Various 18,663.58 1.00 18,663.58 0.09 % Aaa 0.00 0.01 % 18,663.58 0.01 % 0.00 0.00 AAA 0.00 Total Money Market Fund FI 18,663.58 18,663.58 18,663.58 0.09 % Aaa 0.00 0.01 % 18,663.58 0.01 % 0.00 0.00 AAA 0.00 US TREASURY 912828HY9 US Treasury Note 480,000.00 02/24/2012 496,351.61 100.74 483,543.84 2.42 % Aaa 0.24 3.125% Due 4/30/2013 0.22 % 496,351.61 0.12 % 3,853.59 (12,807.77) AA+ 0.25 912828P80 US Treasury Note 500,000.00 01/30/2013 501,271.21 100.25 501,250.00 2.50 % Aaa 0.70 0.5% Due 10/15/2013 0.14 % 501,271.21 0.14 % 748.63 (21.21) AA+ 0.70 912828PU8 US Treasury Note 490,000.00 02/21/2012 491,705.16 100.27 491,301.44 2.45 % Aaa 0.79 0.5% Due 11/15/2013 0.30 % 491,705.16 0.16 527.90 (403.72) AA+ 0.79 912828PZ7 US Treasury Note 500,000.00 02/21/2012 509,493.86 101.18 505,898.50 2.53 % Aaa 1.12 1.25% Due 3/15/2014 0.32 % 509,493.86 0.19 % 2,399.86 (3,595.36) AA+ 1.11 Chandler Asset hi tent - CONFIDENTIAL raye 3 Execution Time: 2/4/2013 1:17:31 PM lk of National#101621 City Ptccount Hol is Report As of 1/31/13 CUSIP Security Description Par Value/Units Purchase Date Cost Value Mkt Price Market Value % of Port. Moody Maturity Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration US TREASURY 912828LK4 US Treasury Note 2.375% Due 8/31/2014 470,000.00 02/24/2012 0.39 % 493,244.54 103.36 493,244.54 0.24 % 485,789.18 2.44 % Aaa 4,748.69 (7,455.36) AA+ 1.58 1.54 912828MZ0 US Treasury Note 2.5% Due 4/30/2015 420,000.00 02/24/2012 0.49 % 446,612.34 446,612.34 104.91 440,606.04 0.31 % 2,697.51 2.20 % Aaa 2.24 (6,006.30) AA+ 2.18 912828PE4 US Treasury Note 1.25% Due 10/31/2015 435,000.00 02/24/2012 0.59 % 445,434.66 445,434.66 102.38 445,331.25 0.38 % 1,396.93 2.22 % Aaa 2.75 (103.41) AA+ 2.70 912828QA1 US Treasury Note 2.25% Due 3/31/2016 500,000.00 12/14/2012 0.38 % 530,431.36 530,431.36 105.66 528,320.50 0.44 % 3,832.42 2.65 % Aaa 3.16 (2,110.86) AA+ 3.05 912828RF9 US Treasury Note 1% Due 8/31/2016 570,000.00 10/12/2012 581,357.38 101.61 579,173.58 2.89 % Aaa 3.58 0.48 % 581,357.38 0.55 % 2,424.86 (2,183.80) AA+ 3.50 Total US Treasury 4,365,000.00 0.37 % 4,495,902.12 4,495,902.12 0.29 4,461,214.33 22,630.39 22.29 % Aaa 1.83 (34,687.79) AA+ 1.79 TOTAL PORTFOLIO 19,438,663.58 0.46 % 20,229,588.29 20,229,588.29 TOTAL MARKET VALUE PLUS ACCRUED 19,999,760.13 100.00 % Aaa 1.85 0.32 % 114,888.38 (229,828.16) AA+ 1.80 20,114,648.51 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 2/4/2013 1:17:31 PM County of San Diego Treasurer Investment Report MONTH ENDING March 31, 2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Table of Contents 3 Summary Portfolio Statistics as of March 31, 2013 4 Investment Inventory with Market Value 11 Purchases/Sales/Maturities 16 Cash Flow Analysis 17 Participant Cash Balances 18 Pooled Money Fund Participants 19 Pooled Money Fund - Asset Allocation 20 Pooled Money Fund Assets - Credit Quality 21 Investment Policy Compliance Standards DISCLAIMER: The information provided, including all charts, tables, graphs and numerical representations, are provided to readers solely as a general overview of the economic and market conditions which the Treasurer utilizes in making investment decisions. Note: All Investments held during the month of March 2013 were in compliance with the Investment Policy dated January 1, 2013. The projected cash flows indicate sufficient liquidity to meet all scheduled expenditures for the next 6 months. COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Summary Portfolio Statistics County of San Diego Pooled Money Fund as of March 31, 2013 Certificates of Deposit Commercial Paper Fannie Mae Fannie Mae Discount Notes Federal Farm Credit Bank Discount Notes Federal Farm Credit Bank Notes Federal Home Loan Bank Discount Notes Federal Home Loan Bank Notes Federal Home Loan Mortgage Corp Discount Notes Federal Home Loan Mortgage Corp Notes Money Market Funds Negotiable CD Repurchase Agreements U.S. Treasury Notes Totals for March 2013 Totals for February 2013 Change From Prior Month Portfolio Effective Duration Book Value Market Value Percent of Portfolio WAM WAC YTM 1.10 181 181 0.30 4.54 18 18 0.13 16.42 948 551 0.79 7.02 65 65 0.11 3.21 157 157 0.19 5.63 303 193 0.29 4.23 51 51 0.13 23.31 260 253 0.46 0.42 89 89 0.13 10.98 771 478 0.91 1.73 1 1 0.11 15.51 36 36 0.16 1.92 1 0.02 3.98 803 803 1.40 100.00 371 268 0.47 100.00 385 257 0.48 0.710 years March Retum 0.037% 0.037% (14) 11 (0.01) Fiscal Year To Date Annualized Retum Annualized 0.437% 0.364% 0.485% 0.436% 0.362% 0.482% Current Par/ Share 64,811,000 268,000,000 966,169,000 415,000,000 190,000,000 332,689,000 250,000,000 1,373,340,000 25,000,000 644,852,000 102,025,000 916,330,000 113,656,409 232,000,000 5,893,872,409 5,925,078,372 (31,205,963) Calendar Year To Date Retum 0.111% 0.111% Current Book 64,811,000 267,983,242 970,145,025 414,914,910 189,839,222 332,668,684 249,956,121 1,376,841,097 24,992,055 648,551,520 102,025,000 916,331,072 113,656,409 234,867,121 5,907,582,478 Market Market Current Yield to Unrealized Price Value Accrint Worst Gain/Loss 1.000 64,811,000 3,378 0.30 0 1.000 267,966,220 0 0.13 (17,022) 1.008 973,853,763 3,650,881 0.76 3,708,738 0.999 414,789,330 0 0.11 (125,580) 0.998 189,654,090 0 0.19 (185,132) 1.000 332,783,312 256,069 0.29 114,628 0.999 249,857,700 0 0.13 (98,421) 1.006 1,381,032,750 2,170,994 0.45 4,191,653 0.999 24,981,950 0 0.13 (10,105) 1.011 651,888,529 1,767,188 0.73 3,337,009 1.001 102,130,105 10,626 0.11 105,105 1.000 916,331,075 126,979 0.16 3 1.000 113,656,409 189 0.02 0 1.025 237,894,050 1,171,070 1.40 3,026,929 1.005 5,921,630,283 9,157,374 0.44 14,047,805 5,938,533,533 1.005 (30,951,055) 0.000 Annualized 0.451% 0.450% 5,952,790,236 9,288,036 0.45 14,256,703 Note Yield to maturity (VIM) is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made on a they basis and reinvested at this same rate of retum to the maturity date. Yield to call (YTC) is the estimated rate of retum on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of retum to the cat date. Yield to worst (YiW) is the lesser of yield to maturity or yield to call, reflecting the optionality of the bond issuer. Yields for the portfolio are aggregated based on the book value of each security. (31,159,953) (130,662) (0.01) (208,898) COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 3 Investment Inventory with Market Value Issuer Certificates of Deposit CDARS Regent Bank Vibra Bank Ca Bank and Trust Ca Bank and Trust Comerica Bank Torrey Pines Bank Ca Bank and Trust First California Bank Neighborhood Natl Bank Vibra Bank Metro United Bank Coronado First Bank SD Private Bank Regents Bank Pacific Trust Bank American West Bank Torrey Pines Bank Purchase Maturity Coupon YTM Par Value 3/21/2013 12/27/2012 11/19/2012 1/21/2013 7/24/2012 3/29/2013 5/8/2012 5/12/2012 1/22/2013 2/12/2013 2/19/2013 10/24/2012 11/10/2012 11/29/2012 12/20/2012 3/15/2013 9/7/2012 Certificates of Deposit Subtotal Commercial Paper Toronto Domin Ny Bank of Nova Scotia Bank of Nova Scotia Bank of Nova Scotia Toronto Domin Ny Commercial Paper Subtotal FFCB Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank 3/6/2013 3/8/2013 3/14/2013 3/27/2013 3/27/2013 9/19/2013 6/27/2013 5/20/2013 7/22/2013 7/24/2013 3/29/2014 5/8/2013 5/12/2013 4/22/2013 8/12/2013 5/22/2013 10/24/2013 5/10/2013 5/28/2013 6/20/2013 9/11/2013 9/6/2013 4/17/2013 4/4/2013 4/30/2013 4/30/2013 4/30/2013 0.25 0.45 0.13 0.11 0.50 0.30 0.17 0.39 0.55 0.65 0.40 0.30 0.35 0.25 0.25 0.20 0.25 0.30 0.13 0.12 0.13 0.13 0.15 0.13 3/5/2012 8/28/2013 0.30 7/30/2012 11/19/2013 0.25 8/1/2012 8/1/2013 0.21 0.25 0.45 0.13 0.11 0.50 0.30 0.17 0.39 0.55 0.65 0.40 0.30 0.35 0.25 0.25 0.20 0.25 0.30 0.13 0.12 0.13 0.13 0.15 0.13 0.28 0.27 0.21 2,813,500.00 5,000,000.00 10,000,000.00 10,000,000.00 15,000,000.00 20,000,000.00 100,000.00 100,000.00 98,000.00 250,000.00 250,000.00 250,000.00 100,000.00 250,000.00 250,000.00 250, 000.00 99, 500.00 64,811,000.00 50,000,000.00 98,000,000.00 50,000,000.00 30,000,000.00 40,000,000.00 268,000,000.00 47,684,000.00 71,855,000.00 63,150,000.00 Current Book 2, 813, 500.00 5,000,000.00 10,000,000.00 10, 000, 000.00 15,000,000.00 20,000,000.00 100,000.00 100,000.00 98,000.00 250,000.00 250,000.00 250,000.00 100,000.00 250,000.00 250,000.00 250,000.00 99,500.00 64,811,000.00 49,997,111.11 97,999,020.00 49,994,965.28 29,996,979.16 39, 995,166.66 267,983,242.21 47, 688,116.30 71, 845, 917.77 63,150,000.00 Market Value Current Unrealized % Car oss" 2,813,500.00 5,000,000.00 10,000,000.00 10,000,000.00 15,000,000.00 20,000,000.00 100,000.00 100,000.00 98,000.00 250,000.00 250,000.00 250,000.00 100,000.00 250,000.00 250,000.00 250, 000.00 99, 500.00 64,811,000.00 49,992,400.00 97,991,180.00 49,992,700.00 29,995,620.00 39,994,320.00 267,966,220.00 211.98 61.64 433.33 305.56 1,643.83 493.15 10.86 21.66 0.00 90.28 0.00 18.49 21.10 5.14 20.55 23.29 17.04 3,377.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00-4,711.11 0.00-7,840.00 0.00-2,265.28 0.00-1,359.16 0.00-846.66 0.00-17,022.21 47, 717,378.80 13,113.10 71,893,083.15 65,867.08 63,150,000.00 22,102.50 29, 262.50 47,165.38 0.00 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Invebtment Inventory with Mar...A Value Issuer Purchase Maturity Coupon YTM Par Value Current Book Market Value Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank FFCB Subtotal 10/10/2012 10/9/2013 3/28/2013 4/30/2014 6/4/2012 6/4/2015 FFCB Discount Notes Federal Farm Credit Bank 5/11/2012 Federal Farm Credit Bank 7/25/2012 Federal Farm Credit Bank 7/25/2012 Federal Farm Credit Bank 7/27/2012 Federal Farm Credit Bank 11/1/2012 Federal Farm Credit Bank 11/5/2012 Federal Farm Credit Bank 10/2/2012 FFCB Discount Notes Subtotal FHLB Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 3/29/2011 6/13/2011 11/24/2008 7/13/2010 10/8/2010 10/8/2010 12/13/2010 8/10/2011 3/19/2012 3/19/2012 3/19/2012 3/6/2012 5/9/2012 7/30/2012 7/30/2012 8/9/2012 8/15/2012 5/6/2013 7/18/2013 7/18/2013 7/19/2013 11/1/2013 11/5/2013 6/28/2013 7/29/2013 3/11/2016 10/18/2013 6/12/2015 9/11/2015 9/28/2015 9/13/2013 6/10/2016 6/21/2013 6/28/2013 8/20/2013 8/20/2013 6/21/2013 8/14/2013 7/18/2013 8/28/2013 9/6/2013 0.17 0.18 0.61 0.28 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.17 0.17 0.19 0.19 1.00 1.00 3.13 1.72 3.63 3.63 2.88 2.09 1.75 1.40 1.63 1.40 1.00 1.08 2.13 1.48 0.40 0.31 0.35 0.31 0.21 0.31 0.21 0.28 1.88 0.23 0.24 0.25 0.25 0.22 0.50 0.24 0.25 0.24 0.21 0.19 0.61 0.29 50,000,000.00 50,000,000.00 50,000,000.00 332,689,000.00 10,000,000.00 10,000,000.00 10,000,000.00 10,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 190,000,000.00 40,050,000.00 25,000,000.00 25,000,000.00 22,685,000.00 15,000,000.00 15,000,000.00 34,000,000.00 15,000,000.00 50,000,000.00 41,500,000.00 25,000,000.00 50,000,000.00 45,225,000.00 75,000,000.00 50,000,000.00 100,000,000.00 50,000,000.00 49,988,819.50 49,995,830.16 50,000,000.00 332,668,683.73 9,998,055.56 9,994,000.00 9,994,000.00 9,993,944.45 49,940,555.55 49,939,444.44 49,979,222.22 189,839,222.22 40,050,000.00 25,990,285.45 24,999,553.29 23,053,005.84 15,122, 395.94 15,079,863.17 33,988,038.18 15, 294, 876.98 50,009,646.02 41,504,090.33 24,989,935.42 49,986, 736.64 45,389,670.49 74,998,319.72 50,003,997.13 100,105,304.75 50,003,112.20 Current 49,988,850.00 40,611.11 49, 988, 500.00 15, 250.00 50,045,500.00 99,125.00 332,783,311.95 256,068.79 9,980,000.00 9,980,110.00 9,980,110.00 9,980,170.00 49,898,600.00 49,898,600.00 49,936,500.00 189,654,090.00 40,166,145.00 26,968,000.00 25,476,500.00 23,936,077.74 15,495,450.00 15,456,000.00 34,133, 620.00 15,779,550.00 50,025,000.00 41,522,410.00 25,007,750.00 50,015,500.00 45,405,447.75 75,030,750.00 50,004,000.00 100,153,000.00 50,025,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68,975.00 43,402.78 410,329.86 197,469.78 14,583.33 2,031.25 17,000.00 98,281.25 55,555.56 37, 522.92 5,979.17 11,958.33 235, 546.88 23,500.00 25,347.22 45,833.33 39, 583.33 Unrealized 30.50 -7,330.16 45,500.00 114,628.22 -18,055.56 -13,890.00 - 13,890.00 - 13,774.45 - 41,955.55 -40,844.44 - 42,722.22 -185,132.22 116,145.00 977,714.55 476,946.71 883,071.90 373,054.06 376,136.83 145, 581.82 484, 673.02 15,353.98 18,319.67 17,814.58 28, 763.36 15,777.26 32,430.28 2.87 47,695.25 22,387.80 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 5 Investment Inventory with Market Value Issuer Purchase Federal Home Loan Bank 8/15/2012 8/13/2013 Federal Home Loan Bank 8/15/2012 8/15/2013 Federal Home Loan Bank 8/29/2012 8/13/2013 Federal Home Loan Bank 8/29/2012 8/20/2013 Federal Home Loan Bank 8/29/2012 8/28/2013 Federal Home Loan Bank 8/29/2012 6/21/2013 Federal Home Loan Bank 9/20/2012 9/8/2017 Federal Home Loan Bank 9/26/2012 9/25/2013 Federal Home Loan Bank 10/4/2012 10/4/2013 Federal Home Loan Bank 10/4/2012 9/6/2013 Federal Home Loan Bank 10/4/2012 10/4/2013 Federal Home Loan Bank 10/4/2012 9/12/2013 Federal Home Loan Bank 10/4/2012 10/4/2013 Federal Home Loan Bank 10/18/2012 10/18/2013 Federal Home Loan Bank 11/26/2012 12/18/2013 Federal Home Loan Bank 11/26/2012 12/18/2013 Federal Home Loan Bank 1/4/2013 6/21/2013 Federal Home Loan Bank 2/7/2013 1/29/2014 Federal Home Loan Bank 3/28/2013 6/20/2014 Federal Home Loan Bank 3/28/2013 6/18/2014 Federal Home Loan Bank 5/30/2012 5/24/2016 FHLB Subtotal FHLB Discount Notes Federal Home Loan Bank 12/7/2012 Federal Home Loan Bank 12/7/2012 Federal Home Loan Bank 12/14/2012 Federal Home Loan Bank 12/14/2012 FHLB Discount Notes Subtotal 5/1/2013 5/29/2013 5/8/2013 6/5/2013 Maturity Coupon YTM Par Value 0.28 0.23 24,650,000.00 0.29 0.23 25,000,000.00 0.28 0.21 14,160,000.00 0.13 0.21 50,000,000.00 0.50 0.22 50,000,000.00 1.88 0.20 30,000,000.00 0.75 0.86 35,000,000.00 0.13 0.21 100,000,000.00 0.13 0.20 25,000,000.00 0.25 0.20 25,000,000.00 0.13 0.21 25,000,000.00 0.28 0.20 25,000,000.00 0.20 0.21 11,000,000.00 0.19 0.21 50,000,000.00 0.32 0.21 20,000,000.00 0.30 0.21 80,000,000.00 0.17 0.14 47,875,000.00 0.38 0.17 10,000,000.00 1.13 0.20 20,000,000.00 5.25 0.20 18,195,000.00 2.02 1.61 9, 000, 000. 00 0.71 0.46 1, 373, 340, 000.00 0.12 0.12 0.13 0.14 0.13 FHLMC Fed Home Loan Mortg Corp. 9/15/2010 7/28/2014 3.00 Fed Home Loan Mortg Corp. 9/4/2009 7/28/2014 3.00 0.12 0.12 0.13 0.14 0.13 1.29 2.60 50,000,000.00 100,000,000.00 50,000,000.00 50,000,000.00 250,000,000.00 15,000,000.00 20,000,000.00 Current Book Market Value Current Unrealized 24,654,689.83 24,663,804.00 9,202.67 9,114.17 25,005,946.25 25,015,000.00 9,263.89 9,053.75 14,163,477.43 14,167,929.60 5,286.40 4,452.17 49, 982, 971.51 49,982,950.00 7,118.06 -21.51 50,056,977.86 50,076,500.00 22,916.67 19,522.14 30,111, 287.67 30,119, 700.00 156,250.00 8,412.33 34, 834, 628.33 34, 889, 750.00 16, 770.83 55,121.67 99,960,062.40 99,960,000.00 2,083.33 -62.40 24,990,482.98 24,989,625.00 15,364.58 -857.98 25,005,602.41 25,012,750.00 4,340.28 7,147.59 24,988,816.67 24,989,625.00 15,364.58 808.33 25,009,169.38 25,016, 250.00 3,694.44 7,080.62 10, 999, 273.08 10, 999, 274.00 10, 816.67 0.92 49,995,075.00 49,995,050.00 43,013.89 -25.00 20, 015, 298.90 20, 021, 600.00 18, 311.11 6,301.10 80,049,839.16 80,074,400.00 68,666.67 24,560.84 47,878,623.59 47,878,638.50 22,607.64 14.91 10,016,618.58 10,016,200.00 6,458.33 -418.58 20,224,466.06 20,220,800.00 63,125.00 -3,666.06 19,307, 641.34 19, 317, 813.45 273, 304.06 10,172.11 9,021, 316.78 9,024, 390.00 64,135.00 3,073.22 1,376,841,096.76 1,381,032,750.04 2,170,994.09 4,191,653.28 49,995,000.00 99, 980, 666.67 49, 993, 319.44 49,987,135.42 249,956,121.53 49,975,850.00 99,942,300.00 49,973,800.00 49,965,750.00 249,857,700.00 0.00 0.00 0.00 0.00 0.00 -19,150.00 -38,366.67 -19,519.44 -21,385.42 -98,421.53 15, 331,143.47 15,541, 500.00 78, 750.00 210, 356.53 20,099,672.45 20,722,000.00 105,000.00 622,327.55 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR InvEb ment Inventory with Marmot Value Issuer Purchase Maturity Coupon YTM Fed Home Loan Mortg Corp. 8/13/2010 Fed Home Loan Mortg Corp. 11/24/2008 Fed Home Loan Mortg Corp. 10/6/2011 Fed Home Loan Mortg Corp. 12/16/2011 Fed Home Loan Mortg Corp. 9/26/2012 Fed Home Loan Mortg Corp. 9/26/2012 Fed Home Loan Mortg Corp. 10/4/2012 Fed Home Loan Mortg Corp. 10/18/2012 Fed Home Loan Mortg Corp. 2/24/2012 Fed Home Loan Mortg Corp. 7/25/2012 Fed Home Loan Mortg Corp. 2/13/2012 Fed Home Loan Mortg Corp. 5/17/2012 Fed Home Loan Mortg Corp. 12/5/2012 Fed Home Loan Mortg Corp. 1/16/2013 Fed Home Loan Mortg Corp. 1/17/2013 Fed Home Loan Mortg Corp. 1/31/2013 Fed Home Loan Mortg Corp. 2/11/2013 Fed Home Loan Mortg Corp. 3/12/2012 Fed Home Loan Mortg Corp. 3/12/2012 FHLMC Subtotal 2/9/2015 6/12/2013 11/25/2014 1/19/2016 10/28/2013 10/28/2013 9/27/2013 11/1/2016 8/21/2015 7/25/2017 2/13/2015 3/6/2017 2/13/2015 1/23/2017 7/17/2017 7/3/2017 8/14/2017 3/12/2015 3/12/2015 2.88 4.00 0.75 4.75 0.88 0.88 4.13 0.63 0.63 1.00 0.55 1.20 0.55 2.25 2.00 2.25 2.00 0.65 0.65 1.34 1.51 3.46 0.76 0.95 0.22 0.22 0.20 0.64 0.69 1.00 0.55 1.14 0.42 1.74 1.80 2.04 1.79 0.65 0.65 0.91 FHLMC Discount Notes Fed Home Loan Mortg Corp. 12/10/2012 6/28/2013 0.13 0.13 FHLMC Discount Notes Subtotal 0.13 0.13 FNMA Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc 3/10/2011 9/23/2013 3/10/2011 8/20/2013 8/13/2010 4/15/2015 11/18/2010 11/20/2014 4/27/2011 10/8/2013 10/6/2011 9/28/2016 11/15/2011 11/15/2016 1.00 1.25 5.00 2.63 1.13 1.25 1.38 1.12 1.04 1.57 1.23 1.01 1.28 1.29 Par Value 20,000,000.00 20,985,000.00 50,000,000.00 15,000,000.00 50,000,000.00 61,307,000.00 12,565,000.00 50,000,000.00 30,945,000.00 20,000,000.00 50,000,000.00 20,000,000.00 40,000,000.00 8,500,000.00 11,500,000.00 8,550,000.00 40,500,000.00 50,000,000.00 50,000,000.00 644,852,000.00 25,000,000.00 25,000,000.00 25,000,000.00 60,000,000.00 20,000,000.00 20,000,000.00 50,000,000.00 20,000,000.00 15,000,000.00 Current Book 20,488,020.30 21,005,384.28 49,991,055.80 16,562,502.65 50,188,649.87 61,538,311.16 12,805,564.58 49,979,580.18 30,896,305.32 19,998,273.33 50,000,000.00 20,028,389.83 40,083,102.80 8,634,109.16 11,559,182.45 8,594,743.05 40,767,529.50 50,000,000.00 50,000,000.00 648,551,520.18 24,992,055.55 24,992,055.55 24,986,388.83 60,048,807.95 21,344,590.25 20,442,771.15 50,030,437.91 19,976,992.41 15,045,172.73 Market Value 20,954,400.00 21,149,522.40 50,410,500.00 16,820,700.00 50,207,500.00 61,561,424.05 12,813,661.35 50,077,500.01 31,047,118.50 20,131, 200.00 50,145,000.00 20,171,400.00 40,116,000.00 8,648,155.00 11,566,930.00 8,598,393.00 40,793,625.00 50,206,000.00 50,206,000.00 651,888,529.31 24,981,950.00 24,981,950.00 25,101, 500.00 60, 256, 200.00 21,902,400.00 20,781,800.00 50,256,500.00 20,483,600.00 15,447,900.00 Current 83,055.56 254,151.67 131, 250.00 142,500.00 185,937.50 227,985.41 5,758.96 141,493.05 21,489.58 36,666.67 36,666.67 16,666.67 29,333.33 36,125.00 47,277.78 47,025.00 105,750.00 17,152.78 17,152.78 1,767,188.41 Unrealized 466, 379.70 144,138.12 419,444.20 258,197.35 18,850.13 23,112.89 8,096.77 97,919.83 150,813.18 132,926.67 145,000.00 143,010.17 32,897.20 14,045.84 7,747.55 3,649.95 26,095.50 206,000.00 206,000.00 3,337,009.13 0.00-10,105.55 0.00-10,105.55 5,555.56 115,111.17 85,416.67 207,392.05 461,111.11 557,809.75 191,041.67 339,028.85 270,312.50 226,062.09 2,083.33 506,607.59 77,916.67 402,727.27 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 7 Investment Inventory with Market Value Issuer Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National Fed National FNMA Subto Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc Mortg Assoc tal FNMA Discount Notes Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Purchase 1/17/2012 8/27/2012 8/29/2012 9/20/2012 10/4/2012 11/7/2012 11/26/2012 12/10/2012 2/7/2013 3/12/2012 5/16/2011 12/5/2012 3/14/2013 5/30/2012 5/30/2012 7/17/2012 12/27/2012 3/28/2013 5/31/2012 6/4/2012 6/28/2012 11/29/2012 12/18/2012 12/27/2012 2/21/2013 11/15/2016 1.38 8/20/2013 1.25 7/12/2013 3.88 5/27/2014 1.10 10/15/2013 4.63 10/30/2014 0.63 12/18/2013 0.75 6/26/2013 1.50 3/17/2014 1.30 3/6/2017 1.20 5/16/2016 2.18 6/5/2015 0.42 3/14/2017 0.75 11/14/2016 1.05 11/14/2016 1.05 7/17/2017 0.50 12/27/2017 0.88 3/28/2018 0.80 11/23/2016 0.50 11/10/2015 0.50 4/17/2017 1.50 11/29/2017 1.00 12/18/2017 0.75 12/27/2017 0.75 2/21/2018 0.83 1.34 Maturity Coupon YTM yams 1.10 0.21 0.20 0.27 0.21 0.30 0.21 0.16 0.19 1.23 2.18 0.42 0.75 1.06 1.06 0.51 0.91 0.81 0.50 0.50 1.35 1.00 0.75 0.75 0.83 0.79 Par Value 20,000,000.00 83,729,000.00 25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00 30,000,000.00 25,000,000.00 15,000,000.00 25,000,000.00 10,000,000.00 25,000,000.00 25,000,000.00 25,000,000.00 20,000,000.00 35,000,000.00 50,000,000.00 12,000,000.00 17,900,000.00 45,785,000.00 31,755,000.00 60,000,000.00 25,000,000.00 50,000,000.00 966,169,000.00 12/7/2012 5/10/2013 0.12 0.12 50,000,000.00 12/7/2012 5/1/2013 0.12 0.12 50,000,000.00 12/7/2012 5/1/2013 0.12 0.12 100,000,000.00 1/4/2013 6/3/2013 0.11 0.11 50,000,000.00 1/4/2013 6/3/2013 0.11 0.11 50,000,000.00 Current Book 20,191,923.59 84,063,775.11 25, 257,178.91 25,237,894.23 25, 593, 504.04 25,128, 683.38 25,095,870.42 30,095,078.57 25,265,965.87 14, 985, 211.12 25,000,000.00 10,000,000.00 25,000,000.00 24,993,907.42 24,994,922.85 19,991,239.33 34,941,948.61 49,975,041.67 12,000,000.00 17, 900, 000.00 45,802,718.32 31,755,000.00 60,000,000.00 25,000,000.00 50,000,000.00 970,145,024.67 49,993,500.00 49,995,000.00 99,990,000.00 49,990,375.00 49, 990, 375.00 Market Value 20,597,200.00 84,086,522.83 25, 271, 250.00 25, 242, 500.00 25,609,750.00 25,140,000.00 25,109,500.00 30,100,800.00 25, 246, 750.00 15,101,850.00 25, 052, 750.00 9, 998, 500.00 25,053,250.00 25,028,750.00 25,028,750.00 19,996,600.00 34,805,400.00 50,126,500.00 12,005,640.00 17, 905,191.00 45,814,302.40 31,829,306.70 60,190,800.00 25,007,000.00 50,275,000.00 973,853,762.93 49, 974, 350.00 49,975,850.00 99,951,700.00 49,977,100.00 49,977,100.00 Current 103,888.89 119,197.53 212, 586.81 94, 722.22 533,159.72 65,538.19 53, 645.83 118,750.00 12,638.89 12, 500.00 204,375.00 13,533.33 8,854.17 99,895.83 99, 895.83 20, 555.56 79,965.28 3,333.33 21,333.33 35,054.17 312,864.17 107,614.17 128,750.00 48,958.33 45, 833.33 3,650,881.42 Unrealized 405, 276.41 22, 747.72 14,071.09 4,605.77 16, 245.96 11,316.62 13,629.58 5,721.43 -19, 215.87 116,638.88 52, 750.00 -1,500.00 53,250.00 34, 842.58 33, 827.15 5,360.67 -136,548.61 151,458.33 5,640.00 5,191.00 11,584.08 74, 306.70 190,800.00 7,000.00 275,000.00 3,708,738.26 0.00-19,150.00 0.00-19,150.00 0.00-38,300.00 0.00-13,275.00 0.00-13,275.00 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Invecment Inventory with Mar,u t Value Issuer Purchase Maturity Coupon YTM Par Value Current Book Market Value Current Unrealized Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc FNMA Discount Notes Subtotal Money Market Funds Black Rock Morgan Stanley Caltrust 3/31/2013 3/31/2013 3/31/2013 Money Market Funds Subtotal Negotiable CD Union Bank of California Union Bank of Switzerland BB&T Capital Markets Union Bank of California Svenska Hndl NY Toronto Domin Ny Union Bank of California Bank of Montreal Bank of Montreal Bank of Montreal BB&T Capital Markets BB&T Capital Markets BB&T Capital Markets Svenska Hndl NY Toronto Domin Ny Negotiable CD Subtotal 1/15/2013 7/1/2013 0.10 1/15/2013 7/1/2013 0.10 3/11/2013 1/31/2014 0.15 0.11 4/1/2013 0.01 4/1/2013 0.05 4/1/2013 0.30 0.11 1/10/2013 4/30/2013 1/18/2013 4/17/2013 1/30/2013 4/12/2013 2/27/2013 4/17/2013 2/8/2013 5/7/2013 3/11/2013 5/13/2013 3/12/2013 5/31/2013 3/13/2013 4/3/2013 3/19/2013 4/24/2013 3/20/2013 4/22/2013 3/21/2013 5/1/2013 3/21/2013 5/2/2013 3/21/2013 5/3/2013 3/22/2013 6/19/2013 3/25/2013 5/24/2013 0.19 0.18 0.12 0.12 0.22 0.16 0.18 0.14 0.16 0.16 0.12 0.12 0.12 0.21 0.18 0.16 Repurchase Agreements Wells Fargo Bank NA 3/31/2013 4/1/2013 0.02 Repurchase Agreements Subtotal 0.02 0.10 0.10 0.15 0.11 0.01 0.05 0.30 0.11 0.19 0.18 0.12 0.12 0.21 0.16 0.18 0.14 0.16 0.16 0.12 0.12 0.12 0.20 0.18 0.16 0.02 0.02 50,000,000.00 50,000,000.00 15,000,000.00 415,000,000.00 53,350,000.00 13,675,000.00 35,000,000.00 102,025,000.00 100,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 91,330,000.00 100,000,000.00 75,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 25,000,000.00 25,000,000.00 75,000,000.00 75,000,000.00 916,330,000.00 113,656,408.61 113,656,408.61 49,987,361.11 49,987,361.11 14,980,937.50 414,914,909.72 53,350,000.00 13,675,000.00 35,000,000.00 102,025,000.00 100,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,249.75 91,330,000.00 100,000,000.00 75,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 25,000,000.00 25,000,000.00 75,000,822.18 75,000,000.00 916,331,071.93 113,656,408.61 113,656,408.61 49,976,800.00 49,976,800.00 14,979,630.00 414,789,330.00 53,350,000.00 13,675,000.00 35,105,105.00 102,130,105.00 100,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 50,000,250.00 91,330,000.00 100,000,000.00 75,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 25,000,000.00 25,000,000.00 75,000,825.00 75,000,000.00 916,331,075.00 113,656,408.61 113,656,408.61 0.00 0.00 0.00 0.00 281.25 1,251.81 9,092.53 10,625.59 42,750.00 18, 250.00 10,166.67 5,500.00 15,826.39 8,524.13 3,875.00 5,541.67 2,888.89 2,666.67 1,833.33 916.67 916.67 4,697.91 2,625.00 126,979.00 189.43 189.43 - 10,561.11 - 10,561.11 -1,307.50 -125,579.72 0.00 0.00 105,105.00 105,105.00 0.00 0.00 0.00 0.00 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.82 0.00 3.07 0.00 0.00 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 9 Investment Inventory with Market Value Issuer US Treasury Notes U.S. Treasury Securities 10/12/2010 U.S. Treasury Securities 4/12/2011 U.S. Treasury Securities 6/30/2008 U.S. Treasury Securities 4/3/2009 U.S. Treasury Securities 4/3/2009 U.S. Treasury Securities 5/27/2009 U.S. Treasury Securities 9/3/2009 U.S. Treasury Securities 7/14/2010 U.S. Treasury Securities 12/12/2011 U.S. Treasury Securities 3/12/2012 U.S. Treasury Securities 4/12/2012 U.S. Treasury Securities 6/8/2012 U.S. Treasury Securities 1/7/2013 U.S. Treasury Securities 9/22/2011 U.S. Treasury Securities 9/22/2011 U.S. Treasury Securities 10/12/2012 U.S. Treasury Notes Subtotal Purchase Maturity Coupon YTM Grand Total 1/31/2015 11/30/2015 4/30/2013 3/31/2014 12/31/2013 8/31/2013 8/31/2014 6/30/2015 11/30/2016 2/28/2017 6/30/2013 5/15/2017 12/31/2017 8/31/2016 2/29/2016 7/31/2017 2.25 1.38 3.13 1.75 1.50 3.13 2.38 1.88 0.88 0.88 3.38 4.50 0.75 1.00 2.13 0.50 2.13 0.90 2.17 3.29 1.74 1.63 1.99 2.26 1.90 0.87 0.90 0.25 0.73 0.81 0.86 0.71 0.66 1.40 Par Value 10,000,000.00 10,000,000.00 25,000,000.00 15,000,000.00 10, 000, 000, 00 10,000,000.00 20,000,000.00 15,000,000.00 12,000,000.00 15,000,000.00 25,000,000.00 15,000,000.00 15,000,000.00 10,000,000.00 10,000,000.00 15,000,000.00 232,000,000.00 Current Book Market Value 10,241,573.73 9, 799, 746.20 24,996,999.49 15,001,637.93 9,990,612.38 10,044,845.86 20,030,132.34 14,992,045.22 12, 001, 037.47 14,983,383.15 25,192, 607.16 17,282,888.26 14,956,407.34 10,047,534.63 10,406,138.19 14,899,531.61 234,867,120.96 Current 10,368,400.00 37,292.82 10,276,600.00 46,085.16 25,059,500.00 328,038.67 15,234,900.00 717.21 10,100,800.00 37,707.18 10,123,400.00 27,173.91 20, 610, 200.00 41, 304.35 15,535,500.00 70,700.97 12,165,000.00 35,192.31 15,192,150.00 11,413.04 25, 203,250.00 212,102.90 17,390,700.00 255,455.80 15, 019, 950.01 28, 280.38 10,186, 700.00 8,695.65 10, 512, 500.00 18, 478.26 14, 914, 500.00 12, 430.94 237,894,050.01 1,171,069.55 Unrealized 126, 826.27 476,853.80 62,500.51 233,262.07 110,187.62 78,554.14 580,067.66 543, 454.78 163, 962.53 208, 766.85 10,642.84 107,811.74 63, 542.67 139,165.37 106,361.81 14, 968.39 3,026,929.05 0.69 0.47 5,893,872,408.61 5,907,582,478.05 5,921,630,282.85 9,157,374.20 14,047,804.78 •Note: Market Value source is Bank of New York Mellon COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR PNNrt- aseaNes/MatNN0°wties Instrument 58 57 Money Market Funds 1108 Repurchase Agreements 1171 FFCBDN 1508 Commercial Paper 1511 Commercial Paper 56 Money Market Funds 1106 Repurchase Agreements 1511 Commercial Paper 1512 Commercial Paper 1106 Repurchase Agreements 1512 Commercial Paper 1513 Commercial Paper 1106 Repurchase Agreements 1513 Commercial Paper 1514 Commercial Paper 1515 Commercial Paper 57 Money Market Funds 1100 Repurchase Agreements 1468 Negotiable CD 1509 Commercial Paper 1514 Commercial Paper 1516 Commercial Paper 57 Money Market Funds 99 FHLB 1106 Repurchase Agreements 1483 Commercial Paper 1468 Negotiable CD 1472 Negotiable CD 1474 Negotiable CD 1516 Commercial Paper 1517 Commercial Paper 1518 Commercial Paper Money Market Funds Black Rock Morgan Stanley Wells Fargo Bank NA Federal Farm Credit Bank Societe Generale N.A. Societe Generale N.A. Black Rock VVm||s Fargo Bank NA Societe Generale N.A. Societe Generale N./\. VVe||n Fargo Bank NA Societe Generale N./\. Societe Generale N.A. Wells Fargo Bank NA Societe Generale N.A. Deutsche Bank Securities Inc. Toronto DomninNy Morgan Stanley VVe||n Fargo Bank NA Bank nfMontreal General E|nrCapital Corp. Deutsche Bank 3eouhben Inc. Deutsche Bank Securities Inc, Morgan Stanley Federal Home Loan Bank VVa||o Fargo Bank NA Toronto DominNy Bank ofMontreal Bank nfMontreal TnrontoDomin Ny Deutsche Bank Securities Inc. Societe Generale m.A. Deutsche Bank Securities Inc. Coupon Transaction Settlement Settlement 0.01 Motuhh/ 0.01 Maturity 0.02 Maturity 0.15 Maturity 0.15 Maturity 0.17 Purchase 0.01 Maturity 0.02 Purchase OA7 Maturity 0.16 Purchase 0.02 Maturity 0.18 Maturity 0.16 Pomhoxo 0.02 Purchase 0.10 Maturity 0.10 Purchase 0.13 Purchase 0.01 Purchase 0.02 Maturity 0.17 Maturity 0.12 Maturity 0.16 Maturity 0.10 Purchase 0.01 Maturity 3.88 Maturity 0.02 Purchase 0.15 Maturity 0.18 Maturity 0.18 Maturity 0.14 Maturity 0.18 Maturity 0.15 Purchase 0.17 Purchase 40.000.00000 19,800.000.00 1,033'350.27 30.000,000.00 280.000.000.00 (274.996.104.17) 10.100'0X00 (203.986.95) 275.000'000.00 (244.998.911.11) 0.288,293.43 245,000.000.00 (284.998,955.58) (4,038,375.08) 235'000,000.00 (174,899,222,22) (49,992.410,67) (8.800.000.00) 4.261.781.29 08,000.000.00 25,000'000.00 175.000.000.00 (254.998,866.67) 5.000,000.00 20,800,000.00 (314.876.83) 40.000.000.00 55,000.000.00 100'000.000m 28,330.000.00 255.000.000.00 (98,998,008.87) (274,998'104.17) 4_ 3/1/2013 3/1/2013 3/1/2O13 3/1/2O13 3/1/3O13 3/1/2O1O 3/4/2O13 3/4/2O13 3/4/2O13 3/4/2O13 3/5/3O13 3/5/2O13 J/5/2O13 3/8/2013 3/S/2U13 3/5/2013 3/O/2O13 3/7/2013 3/7/2013 3/7/2O13 3/7/2O13 8/7/3O13 3/7/2O13 3/8/2013 3/8/%U13 3/8/3O13 3/8/2O13 3/8/2O13 3/0/2O13 3/U/2O13 3/8/2O13 3/8/2O13 3/O/2O13 11 Purchases/Sales/Maturities Deal Instrument 1519 Commercial Paper 56 Money Market Funds 1106 Repurchase Agreements 1478 Negotiable CD 1510 Commercial Paper 1517 Commercial Paper 1518 Commercial Paper 1520 Negotiable CD 1521 FNMA DN 1522 Commercial Paper 1523 Commercial Paper 1106 Repurchase Agreements 1522 Commercial Paper 1523 Commercial Paper 1524 Negotiable CD 1525 Commercial Paper 1526 Commercial Paper 57 Money Market Funds 803 FNMA CALLABLE PREM 1106 Repurchase Agreements 1525 Commercial Paper 1526 Commercial Paper 1527 Negotiable CD 1528 Commercial Paper 57 Money Market Funds 1106 Repurchase Agreements 1528 Commercial Paper 1529 Commercial Paper 1530 FNMA CALL EURO PREM 1531 Commercial Paper 56 Money Market Funds 1106 Repurchase Agreements 1204 FDIC CD ACT-365 Issuer Bank of Nova Scotia Black Rock Wells Fargo Bank NA Bank of Montreal General Elec Capital Corp. Societe Generale N.A. Deutsche Bank Securities Inc. Toronto Domin Ny Fed National Mortg Assoc Societe Generale N.A. Rabobank Nederland Wells Fargo Bank NA Societe Generale N.A. Rabobank Nederland Union Bank of California Societe Generale N.A. Rabobank Nederland Morgan Stanley Fed National Mortg Assoc Wells Fargo Bank NA Societe Generale N.A. Rabobank Nederland Bank of Montreal Societe Generale N.A. Morgan Stanley Wells Fargo Bank NA Societe Generale N.A. Bank of Nova Scotia Fed National Mortg Assoc Societe Generale N.A. Black Rock Wells Fargo Bank NA Security Business Bank Coupon 0.12 0.01 0.02 0.17 0.12 0.16 0.17 0.16 0.15 0.16 0.12 0.02 0.16 0.12 0.18 0.17 0.11 0.01 1.00 0.02 0.17 0.11 0.14 0.16 0.01 0.02 0.16 0.13 0.75 0.15 0.01 0.02 0.25 Transaction Purchase Purchase Purchase Maturity Maturity Maturity Maturity Purchase Purchase Purchase Purchase Maturity Maturity Maturity Purchase Purchase Purchase Purchase Call Maturity Maturity Maturity Purchase Purchase Maturity Maturity Maturity Purchase Purchase Purchase Purchase Purchase Maturity Settlement (97, 991,180.00) (12, 400, 000.00) (6,614,365.86) 15, 000, 000.00 50,000,000.00 100,000,000.00 275, 000, 000.00 (91, 330, 000.00) (14, 979,625.00) (274,998,777.78) (149, 999, 500.00) 798,516.93 275,000,000.00 150,000,000.00 (100,000,000.00) (274,998,739.58) (59, 999, 816.67) (29, 000, 000.00) 50, 000, 000.00 6, 287, 044.23 275, 000, 000.00 60,000,000.00 (75,000,000.00) (279, 998, 755.56) 26,800,000.00 758, 987.35 280,000,000.00 (49,991,840.28) (25, 000, 000.00) (249,998,958.33) (9, 000, 000.00) (9,500,269.64) 250,000.00 Settlement 3/8/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/11/2013 3/12/2013 3/12/2013 3/12/2013 3/12/2013 3/12/2013 3/12/2013 3/13/2013 3/13/2013 3/13/2013 3/13/2013 3/13/2013 3/13/2013 3/13/2013 3/14/2013 3/14/2013 3/14/2013 3/14/2013 3/14/2013 3/14/2013 3/15/2013 3/15/2013 3/15/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR PurLa lases/Sales/Maturities Deal Instrument Issuer Coupon 1465 1531 1532 1533 1551 57 1106 1532 1533 1534 1535 1536 57 1106 1534 1535 1536 1537 1538 1539 57 1106 1537 1538 1540 1541 1106 1201 1540 1542 1543 1544 1545 Commercial Paper Commercial Paper Commercial Paper Commercial Paper FDIC CD ACT-365 Money Market Funds Repurchase Agreements Commercial Paper Commercial Paper Commercial Paper Commercial Paper Commercial Paper Money Market Funds Repurchase Agreements Commercial Paper Commercial Paper Commercial Paper Commercial Paper Commercial Paper Negotiable CD Money Market Funds Repurchase Agreements Commercial Paper Commercial Paper Commercial Paper Negotiable CD Repurchase Agreements CDARS ACT 365 Commercial Paper Negotiable CD Negotiable CD Negotiable CD Commercial Paper General Elec Capital Corp. Societe Generale N.A. Deutsche Bank Securities Inc. Rabobank Nederland American West Bank Morgan Stanley Wells Fargo Bank NA Deutsche Bank Securities Inc. Rabobank Nederland Rabobank Nederland Societe Generale N.A. Societe Generale N.A. Morgan Stanley Wells Fargo Bank NA Rabobank Nederland Societe Generale N.A. Societe Generale N.A. Deutsche Bank Securities Inc. Societe Generale N.A. Bank of Montreal Morgan Stanley Wells Fargo Bank NA Deutsche Bank Securities Inc. Societe Generale N.A. Deutsche Bank Securities Inc. Bank of Montreal Wells Fargo Bank NA CDARS Regent Bank Deutsche Bank Securities Inc. BB&T Capital Markets BB&T Capital Markets BB&T Capital Markets Deutsche Bank Securities Inc. 0.12 0.15 0.17 0.13 0.20 0.01 0.02 0.17 0.13 0.14 0.14 0.14 0.01 0.02 0.14 0.14 0.14 0.16 0.15 0.16 0.01 0.02 0.16 0.15 0.16 0.16 0.02 0.35 0.16 0.12 0.12 0.12 0.16 Transaction Settlement Settlement Maturity Maturity Purchase Purchase Purchase Maturity Maturity Maturity Maturity Purchase Purchase Purchase Purchase Maturity Maturity Maturity Maturity Purchase Purchase Purchase Maturity Maturity Maturity Maturity Purchase Purchase Purchase Maturity Maturity Purchase Purchase Purchase Purchase 75,000,000.00 250,000,000.00 (284,995,962.50) (49,999,458.33) (250,000.00) 6,900,000.00 8,617,081.88 285,000,000.00 50, 000, 000.00 (274,998,930.56) (49, 999, 805.56) (24, 999, 902.78) (12,700,000.00) 409,957.73 275,000,000.00 50,000,000.00 25,000,000.00 (269,998,800.00) (39, 999, 833.33) (50,000,000.00) 20,000,000.00 434,802.73 270, 000, 000.00 40,000,000.00 (279, 998, 755.56) (50, 000, 000.00) (6,781,766.11) 2, 813, 500.00 280,000,000.00 (50,000,000.00) (25,000,000.00) (25,000,000.00) (179,999,200.00) 3/15/2013 3/15/2013 3/15/2013 3/15/2013 3/15/2013 3/18/2013 3/18/2013 3/18/2013 3/18/2013 3/18/2013 3/18/2013 3/18/2013 3/19/2013 3/19/2013 3/19/2013 3/19/2013 3/19/2013 3/19/2013 3/19/2013 3/19/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013 3/20/2013 3/21/2013 3/21/2013 3/21/2013 3/21/2013 3/21/2013 3/21/2013 3/21/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 13 Purchases/Sales/Maturities Deal Instrument Ntr117i ' . 1552 CDARS ACT-365 57 Money Market Funds 702 FNMA CALLABLE PREM 1085 FFCB DN 1106 Repurchase Agreements 1132 FNMA DN 1545 Commercial Paper 1546 Negotiable CD 1547 Commercial Paper 1548 Commercial Paper 57 Money Market Funds 1106 Repurchase Agreements 1547 Commercial Paper 1548 Commercial Paper 1549 Commercial Paper 1550 Negotiable CD 56 Money Market Funds 1106 Repurchase Agreements 1549 Commercial Paper 1553 Commercial Paper 56 Money Market Funds 690 FHLB 1106 Repurchase Agreements 1553 Commercial Paper 1554 Commercial Paper 1555 Commercial Paper 1556 Commercial Paper 1106 Repurchase Agreements 1432 Negotiable CD 1555 Commercial Paper 1557 FNMA CALLABLE DISC 1558 FFCB 1559 FHLB Issuer CDARS Regent Bank Morgan Stanley Fed National Mortg Assoc Federal Farm Credit Bank Wells Fargo Bank NA Fed National Mortg Assoc Deutsche Bank Securities Inc. Svenska Hndl NY Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Morgan Stanley Wells Fargo Bank NA Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Toronto Domin Ny Black Rock Wells Fargo Bank NA Deutsche Bank Securities Inc. Societe Generale N.A. Black Rock Federal Home Loan Bank Wells Fargo Bank NA Societe Generale N.A. Bank of Nova Scotia Societe Generale N.A. Toronto Domin Ny Wells Fargo Bank NA Toronto Domin Ny Societe Generale N.A. Fed National Mortg Assoc Federal Farm Credit Bank Federal Home Loan Bank Coupon 0.25 0.01 1.00 0.17 0.02 0.16 0.16 0.21 0.16 0.16 0.01 0.02 0.16 0.16 0.16 0.18 0.01 0.02 0.16 0.15 0.01 1.00 0.02 0.15 0.13 0.15 0.15 0.02 0.17 0.15 0.80 0.18 1.13 Transaction Purchase Purchase Call Maturity Maturity Maturity Maturity Purchase Purchase Purchase Maturity Maturity Maturity Maturity Purchase Purchase Maturity Purchase Maturity Purchase Purchase Maturity Purchase Maturity Purchase Purchase Purchase Purchase Maturity Maturity Purchase Purchase Purchase Settlement Settlement (2, 813, 500.00) (26, 700, 000.00) 50,000,000.00 25,000,000.00 4,919,000.91 50, 000, 000.00 180,000,000.00 (75, 001, 353.33) (259, 996, 533.33) (19, 999, 733.33) 33, 300, 000.00 291,066.66 260,000,000.00 20, 000, 000.00 (249,998,888.89) (75,000,000.00) 12,500,000.00 (838,137.84) 250,000,000.00 (249, 998, 958.33) (27, 700, 000.00) 50, 000, 000.00 (217, 042.55) 250,000,000.00 (29,996,458.33) (299,998,750.00) (39,994,333.33) (201,720,083.48) 40, 000, 000.00 300, 000, 000.00 (49, 975, 000.00) (50,010,298.00) (20,287,250.00) 3/21 /2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/22/2013 3/25/2013 3/25/2013 3/25/2013 3/25/2013 3/25/2013 3/25/2013 3/26/2013 3/26/2013 3/26/2013 3/26/2013 3/27/2013 3/27/2013 3/27/2013 3/27/2013 3/27/2013 3/27/2013 3/27/2013 3/28/2013 3/28/2013 3/28/2013 3/28/2013 3/28/2013 3/28/2013 COUNTY OF SAN EGO TREASURER - TAX COLLECTOR j -4 P u rc:nases/Sales/Maturities Deal Instrument 1560 FHLB 768 Coll CD ACT-365 DLYCMP 1106 Repurchase Agreements 1427 Commercial Paper 1471 Commercial Paper 1566 Coll CD ACT 365 DLYCMP Grand Total Issuer Federal Home Loan Bank Torrey Pines Bank Wells Fargo Bank NA Bank of Nova Scotia Bank of Nova Scotia Torrey Pines Bank Coupon 5.25 0.30 0.02 0.18 0.15 0.30 Transaction Purchase Maturity Maturity Maturity Maturity Purchase Settlement Settlement (19,580,623.36) 20,000,000.00 92, 452, 004.80 70,000,000.00 50,000,000.00 (20,000,000.00) 29,635,694.58 3/28/2013 3/29/2013 3/29/2013 3/29/2013 3/29/2013 3/29/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 15 Cash Flow Analysis Beginning Pool Book Balance MAIN CASH FLOW ITEMS INFLOWS: Reverse Repos Interest Income On Pool Taxes Collected School Deposits County Deposits Retirement Voluntaries Maturities/Sales Outside Pool OUTFLOWS: Schools County Retirement Voluntaries Tax Apportionment Reverse Repos Purchases/ Purchases Outside of Pool TOTAL PROJECTED/ACTUAL MONTH END POOL BALANCE LIQUIDITY PROJECTIONS INCREASE / DECREASE DUE TO INVESTMENT ACTIVITY Maturities Sales/Calls Investments Purchased San Diego Pooled Money Fund as of March 31, 2013 ($000) Mar-13 Apr-13 May-13 Jun-13 Jul-13 Aug-13 Sep-13 5,938,534 5,907,582 6,929,573 5,901,503 5,683,270 5,319,940 4,705,784 Net Main Cash Flow (see above) PROJECTED/ACTUAL MONTH END LIQUIDITY Note: The above is not meant to be a complete Cash Flow Statement. The data represents a subset of the main cash flow items and does not include accrued interest or other adjustment items. 0 0 0 0 0 0 0 1,723 2,575 3,500 2,025 4,825 3,500 2,800 424,939 1,297,000 60,000 70,050 28,510 60,000 30,000 287,547 778,273 85,975 595,437 811,299 196,944 265,000 248,872 200,643 231,000 264,300 196,131 225,000 260,173 0 0 0 0 0 0 0 1,530 0 0 0 143,150 0 0 9,958 0 0 0 0 0 0 974,569 2,278,491 380,475 931,812 1,183,915 485,444 557,973 606,068 625,000 605,098 708,475 708,895 685,000 570,890 331,217 228,000 287,010 303,500 406,850 350,000 295,100 10,755 7,000 7,000 7,000 369,000 7,500 7,000 25,336 26,500 22,000 35,600 22,000 44,600 33,679 31,353 370,000 487,437 95,470 40,500 12,500 10,500 0 0 0 0 0 0 0 250 0 0 0 0 0 0 1,004,979 1,256,500 1,408,545 1,150,045 1,547,245 1,099,600 917,169 (30,410) 1,021,991 (1,028,070) (218,233) (363,330) (614,156) (359,196) 5,907,582 6,929,573 5,901,503 5,683,270 5,319,940 4,705,784 4,346,588 373,000 1,170, 000 891,092 345,050 668,623 331,665 0 123,000 184,530 21,235 40,000 0 10,100 496,000 1,354,530 912,327 385,050 668,623 341,765 (30,410) 1,021,991 (1,028,070) (218,233) (363,330) (614,156) (359,196) 215,671 1,733,662 2,060,122 2,754,216 2,775,936 2,830,403 2,812,972 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Participant Cash Balances PARTICIPANT San Diego Pooled Money Fund as of March 31, 2013 ($000) FMV FMV FMV % of 01/31/13 02/28/13 03/31/13 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestem Total Community Colleges SDCERA SANCAL MTDB SANDAG CITIES Chula Vista Del Mar Encinitas National City INDEPENDENT AGENCIES Alpine FPD Bonita Sunnyside FPD Borrego Springs FPD Deer Springs FPD Fallbrook Public Utl Public Agency Self Insurance System Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park Lakeside Fire Leucadia Water District Lower Sweetwater FPD PARTICIPANT $ 704,395 $ 822,010 $1,099,896 18.57% Metropolitan Transit System 1,533,792 1,514,660 1,488,747 25.15% Majestic Pines CSD 319,346 317,903 311,660 5.26% Mission Resource Conservation District 2,292,270 2,071,552 1,872,075 31.61% North County Cemetery District North County Cemetry Perpetual North County Cemetery 262,541 210,302 181,374 North County Dispatch 33,974 24,720 25,717 North County Fire 36,026 30,178 24,750 Otay Water District Investment 191,838 174,168 159,487 Palomar Resource Conservation Distric 166,253 154,721 158,741 Pine Valley FPD 690,633 594,088 550,069 9.29% Pomerado Cem Perpetual 3,960 63,543 5,767 117,391 39,045 3,012 2 4,997 3,986 61,905 700 115,826 39,048 3,012 2 4,998 4,025 58,902 698 105,820 38,977 3,007 2 4,989 1,295 1,124 1,019 4,404 4,093 4,160 1,286 1,226 1,167 7,246 7,247 6,507 14 14 14 446 446 445 102 26 39 218 174 418 8,186 7,846 7,337 11,292 11,293 11,273 406 331 337 3.07% 0.43% 0.42% 2.69% 2.68% Pomerado Cemetery District Ramona Cemetery District Ramona Cemetery Perpetual Rancho Santa Fe FPD San Diego Housing Commission San Diego Rural Fire San Dieguito River San Marcos FPD San Miguel FPD San Ysidro Sanitation Santa Fe Irrigation District SDC Regional Airport Authority So County OPS Center Spring Valley/Casa de Oro Upper San Luis Rey Reservoir Vallecitos Water District Valley Center FPD Valley Cntr Cemetery Valley Ctr Cem Perpetual Valley Ctr Water District Vista FPD FMV FMV FMV %of 01/31/13 02/28/13 03/31/13 Total 17,726 16,176 13,342 30 30 30 403 404 404 1,288 1,274 1,299 1,604 1,414 1,423 1,253 1,258 1,200 2,490 2,447 2,166 2,688 2,045 2,532 19,105 15,120 15,093 0 0 0 387 340 345 7 5 2 1,457 1,431 1,401 639 626 592 340 340 340 10,467 10,069 9,606 7,358 7,358 2,371 9 25 15 39 22 -179 1 1 1 2,220 2,126 2,188 13 13 13 3,996 3,996 3,989 81,452 278,271 266,910 0 0 0 1,016 1,016 2,542 9 10 10 5,050 5,050 5,041 4,263 4,264 4,294 174 80 71 221 222 222 11,642 11,267 10,706 2,582 2,582 2,080 Total Independent Agencies 452,542 632,578 599,183 10.12% Pooled Money Fund Total $5,992,977 $5,952,790 $5,921,630 100.00% COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 17 Pooled Money Fund Participants Schools Community Colleges 9.29% Voluntary Depositors 10.12% San Diego Pooled Money Fund as of March 31, 2013 Non County Funds 5.26% County Funds 43.72% gi County Funds si Non County Funds Voluntary Depositors Schools Community Colleges COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Pooled Money Fund - Asset Alcation Money Market Funds 1.73% San Diego Pooled Money Fund as of March 31, 2013 Federal Agency 71.22% Negotiable CD 15.51% Repurchase Agreements 1.92% U.S. Treasury8% Notes 3.98% FDIC CDs 1.1O% Commercial Paper 4.54% • FDIC CDs NI Commercial Paper n Federal Agency ■ Money Market Funds J Negotiable CD • Repurchase Agreements J U.S. Treasury Notes • COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 19 Pooled Money Fund Assets - Credit Quality A-1+ 35.08% 0.59% San Diego Pooled Money Fund as of March 31, 2013 A-1 12.53% AAA COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR AA+ 49.56% ■ AAA A AA+ AA A-1+ e A-1 Investment Policy Compliance ,Jtandards Category Treasury Issues Standard No Limit; 5% per issue Comment Complies - 3.9% Agency Issues 5% per issue, 35% per issuer Complies - 71.6% Local Agency Obligations 5% per issue, 10% per issuer; 15% max.; SP-1/A or MIG1/A or F1/A minimum rating Complies Banker's Acceptances 2.5% per issue, 5% per issuer; 40% max.; A-1 or P-1 or F1 minimum rating Complies Commercial Paper 2.5% per issue>5 days; 5% per issue <5 days; 5% per issuer maximum; 40% max.; A-1 or P-1 or F1 minimum rating Complies - 7.3% Medium Term Notes 2.5% per issue, 5% per issuer; 30% max.; A-1/A or P-1/A or F1/ A minimum rating Complies Negotiable Certificates of Deposit 2.5% per issue, 5% per issuer, 30% max.; A-1/A or P-1/A or F1/ A minimum rating Complies - 13.5% Repurchase. Agreements 1-year maximum maturity; 10% per issue>5 days; 15% per issue <5 days; 10% per issuer>6 days; 15% per issuer <6 days; 40% maximum Complies - 0.3% Reverse Repurchase Agreements 92-day maximum maturity; 5% per issue; 10% per issuer; 20% maximum combined with Securities Lending N/A Collateralized Certificates of Deposit 1-year maximum maturity, 10% max.; 110% collateral required Complies - 1.1 % Covered Call Option/ Put Option 90-daymaximum maturity;10% maximum N/A Money Market Mutual Funds 10% per fund; 15% maximum; AAAm, or Aaa-mf, or AAAmmf minimum rating Complies - 2.3% Investment Trust of California - Cal Trust 2.5% maximum Complies Pass -Through Securities Non -mortgaged backed; 2.5% per issue, 5% per issuer; 20% max.; A -rated issuer; A-1/AA or P-1/Aa or F1/AA minimum issue rating Complies Maximum maturity 5 years Complies Illiquidity i irnitations 20% maximum for combined categories for Local Agency Obligations and Collateralized CDs Complies Maximum Issuer Exposure 10% per issuer combined (5%per any asset category, exclusive of Treasury, Agency, and Repurchase Agreements) Complies Maturity Policy - Portfolio Structure Minimum 25% 5 90 days; and minimum 50% 51 year; maximum effective duration for portfolio 1.5 years Complies Prohibited Securities Inverse floaters; Ranges notes, Interest -only strips from mortgaged backed securities; Zero interest accrual securities Complies Credit Rating Policy - monitoring ratings Overall credit rating of AAAf / S1, by Standard & Poors Complies Securities Lending 92-day maximum maturity; 5% per loan; 10% per counterparty, 20% maximum combined with Reverse Repurchase Agreements N/A COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 21 • County of San Diego Treasurer Investment Report MONTH ENDING February 28, 2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Table of Contents 3 Summary Portfolio Statistics as of February 28, 2013 4 Investment Inventory with Market Value 11 Purchases/Sales/Maturities 15 Cash Flow Analysis 16 Participant Cash Balances 17 Pooled Money Fund Participants 18 Pooled Money Fund — Asset Allocation 19 Pooled Money Fund Assets — Credit Quality 20 Investment Policy Compliance Standards DISCLAIMER: The information provided, including all charts, tables, graphs and numerical representations, are provided to readers solely as a general overview of the economic and market conditions which the Treasurer utilizes in making investment decisions. Note: All Investments held during the month of February 2013 were in compliance with the Investment Policy dated January 1, 2013. The projected cash flows indicate sufficient liquidity to meet all scheduled expenditures for the next 6 months. COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Summary Portfolio Statistics County of San as of Certificates of Deposit Commercial Paper Fannie Mae Fannie Mae Discount Notes Federal Farm Credit Bank Discount Notes Federal Farm Credit Bank Notes Federal Home Loan Bank Discount Notes Federal Home Loan Bank Notes Federal Home Loan Mortgage Corp Discount Notes Federal Home Loan Mortgage Corp Notes Money Market Funds Negotiable CD Repurchase Agreements U.S. Treasury Notes Totals for February 2013 Totals for January 2013 Change From Prior Month Portfolio Effective Duration Book Value Market Value Percent of Portfolio 1.09 9.93 16.76 7.58 4.12 4,76 4.21 23.70 0.42 10.93 2.53 9.84 0.17 3.96 100.00 100.00 0.750 years WAM WAC YTM 91 91 0.31 10 10 0.14 973 459 0.81 79 79 0.12 148 148 0.18 318 188 0.31 82 82 0.13 273 266 0.48 120 120 0.13 802 509 0.91 1 1 0.12 33 33 0.17 1 0.02 834 834 1.40 385 257 0.48 376 272 0.46 9 (15) 0.02 Diego Pooled Money Fund February 28, 2013 Current Par/ Current Market Market Current Yield to Unrealized Share Book Price Value Accr Int Worst Gain/Loss 64,811,000 64,811,000 1.000 64,811,000 2,426 0.31 0 590,000,000 589,977,689 1.000 589,944,170 0 0.14 (33,519) 991,169,000 995,629,072 1.008 999,296,959 3,571,512 0.78 3,667,887 450,000,000 449,890,556 0.999 449,762,150 0 0.12 (128,406) 245,000,000 244,805,312 0.998 244,603,880 0 0.18 (201,432) 282,689,000 282,670,714 1.000 282,789,886 170,377 0.31 119,171 250,000,000 249,928,889 0.999 249,857,700 0 0.13 (71,189) 1,405,145,000 1,407,545,316 1.005 1,411,872,645 2,801,588 0.47 4,327,329 25,000,000 24,989,257 0.999 24,981,950 0 0.13 (7,307) 644,852,000 648,870,856 1.011 652,143,980 1,758,119 0.73 3,273,124 150,125,000 150,125,000 1.001 150,230,105 12,588 0.12 105,105 584,330,000 584,330,765 1.000 584,330,730 85,042 0.17 (35) 9,957,372 9,957,372 1.000 9,957,372 6 0.02 0 232,000,000 235,001,735 1.027 238,207,710 886,380 1.40 3,205,975 5,925,078,372 5,938,533,533 1.005 5,952,790,236 9,288,036 0.45 14,256,703 Fiscal Year February To Date Retum Annualized Retum Annualized 0.037% 0.483% 0.327% 0.491 0.037% 0.482% 0.325% 0.488% 5,966,412,934 5,980,182,297 1.004 5,992,976,865 9,045,998 0.45 12,794,568 (41,334,562) (41,648,764) 0,001 Calendar Year To Date Retum 0.074% 0.074% Annualized 0.458% 0.457% Note Yield to maturity (YIN) is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made an a timely basis and reinvested at this same rate of return to the matunty date. Yield to call (YTC) is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of return to the call date. Yield to worst (YTW) is the lesser of yield to maturity or yield to call, reflecting the optionality of the bond issuer. Yields for the portfolio are aggregated based on the book value of each security. (40,186,629) 242,038 0.00 1,462,135 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 3 Investment Inventory with Market Value Issuer Certificates of Deposit CDARS Regent Bank Vibra Bank Ca Bank and Trust Ca Bank and Trust Comerica Bank Torrey Pines Bank Ca Bank and Trust First Califomia Bank Neighborhood Natl Bank Vibra Bank Metro United Bank Security Business Bank Coronado First Bank SD Private Bank Regents Bank Pacific Trust Bank Torrey Pines Bank Purchase Maturity Coupon YTM Par Value Current Book Market Value Current Unrealized Accr int Gain/Lass 9/20/2012 3/21/2013 0.35 0.35 2,813,500.00 2,813,500.00 2,813,500.00 242.81 0.00 12/27/2012 6/27/2013 0.45 0.45 5,000,000.00 5,000,000.00 5,000,000.00 61.64 0.00 11/19/2012 5/20/2013 0.13 0.13 10,000,000.00 10,000,000.00 10,000,000.00 433.33 0.00 1/21/2013 7/22/2013 0.11 0.11 10,000,000.00 10,000,000.00 10,000,000.00 305.56 0.00 7/24/2012 7/24/2013 0.50 0.50 15,000,000.00 15,000,000.00 15,000,000.00 1,027.40 0.00 3/29/2012 3/29/2013 0.30 0.30 20,000,000.00 20,000,000.00 20,000,000.00 164.38 0.00 5/8/2012 5/8/2013 0.17 0.17 100,000.00 100,000.00 100,000.00 10.86 0.00 5/12/2012 5/12/2013 0.39 0.39 100,000.00 100,000.00 100,000.00 18.41 0.00 1/22/2013 4/22/2013 0.55 0.55 98,000.00 98,000.00 98,000.00 0.00 0.00 2/12/2013 8/12/2013 0.65 0.65 250,000.00 250,000.00 250,000.00 76.74 0.00 2/19/2013 5/22/2013 0.40 0.40 250,000.00 250,000.00 250,000.00 0.00 0.00 9/16/2012 3/15/2013 0.25 0.25 250,000.00 250,000.00 250,000.00 22.26 0.00 10/24/2012 10/24/2013 0.30 0.30 250,000.00 250,000.00 250,000.00 12.33 0.00 11/10/2012 5/10/2013 0.35 0.35 100,000.00 100,000.00 100,000.00 18.22 0.00 11/29/2012 5/28/2013 0.25 0.25 250,000.00 250,000.00 250,000.00 1.71 0.00 12/20/2012 6/20/2013 0.25 0.25 250,000.00 250,000.00 250,000.00 15.41 0.00 9/7/2012 9/6/2013 0.25 0.25 99, 500.00 99, 500.00 99, 500.00 14.99 0.00 Certificates of Deposit Subtotal 0.31 0.31 64,811,000.00 64,811,000.00 64,811,000.00 2,426.05 0.00 Commercial Paper Bank of Nova Scotia 1/9/2013 3/29/2013 0.18 0.18 70,000,000.00 69,990,200.00 69,977,670.00 0.00-12,530.00 Toronto Domin Ny 2/5/2013 3/8/2013 0.13 0.13 40,000,000.00 39,998,988.89 39,995,520.00 0.00-3,468.89 General Elec Capital Corp. 2/5/2013 3/15/2013 0.12 0.12 75,000,000.00 74,996,500.00 74,990,475.00 0.00-6,025.00 Bank of Nova Scotia 2/6/2013 3/29/2013 0.15 0.15 50,000,000.00 49,994,166.67 49,984,050.00 0.00-10,116.67 Societe Generale N.A. 2/28/2013 3/1/2013 0.15 0.15 280,000,000.00 280,000,000.00 279,998,880.00 0.00-1,120.00 General Elec Capital Corp. 2/28/2013 3/7/2013 0.12 0.12 25,000,000.00 24,999,500.00 24,999,425.00 0.00 -75.00 General Elec Capital Corp. 2/28/2013 3/11/2013 0.12 0.12 50,000,000.00 49,998,333.34 49,998,150.00 0.00-183.34 Commercial Paper Subtotal 0.14 0.14 590,000,000.00 589,977,688.90 589,944,170.00 0.00-33,518.90 FFCB Federal Farm Credit Bank 3/5/2012 8/28/2013 0.30 0.28 47,684,000.00 47,688,956.36 47,714,517.76 1,192.10 25,561.40 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 0 Investment Inventory with Market Value Issuer Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank FFCB Subtotal Purchase Maturity Coupon 7/30/2012 11/19/2013 8/1/2012 8/1/2013 10/10/2012 10/9/2013 6/4/2012 6/4/2015 FFCB Discount Notes Federal Farm Credit Bank 5/11/2012 Federal Farm Credit Bank 7/25/2012 Federal Farm Credit Bank 7/25/2012 Federal Farm Credit Bank 7/27/2012 Federal Farm Credit Bank 7/27/2012 Federal Farm Credit Bank 9/5/2012 Federal Farm Credit Bank 11/1/2012 Federal Farm Credit Bank 11/5/2012 Federal Farm Credit Bank 10/2/2012 FFCB Discount Notes Subtotal FHLB Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 3/29/2011 6/13/2011 11/24/2008 4/3/2009 7/13/2010 10/8/2010 10/8/2010 12/13/2010 8/10/2011 3/19/2012 3/19/2012 3/19/2012 3/19/2012 3/6/2012 5/6/2013 7/18/2013 7/18/2013 7/19/2013 3/22/2013 3/1/2013 11/1/2013 11/5/2013 6/28/2013 7/29/2013 3/11/2016 10/18/2013 3/8/2013 6/12/2015 9/ 11 /2015 9/28/2015 9/13/2013 6/10/2016 3/27/2013 6/21/2013 6/28/2013 8/20/2013 8/20/2013 0.25 0.21 0.17 0.61 0.30 0.20 0.20 0.20 0.20 0.17 0.15 0.20 0.20 0.17 0.18 1.00 3.13 3.63 3.88 2.88 1.75 1.63 1.00 2.13 1.00 0.40 0.35 0.21 0.21 YTM 0.27 0.21 0.21 0.61 0.31 0.20 0.20 0.20 0.20 0.17 0.15 0.20 0.20 0.17 0.18 1.00 1.72 3.63 2.13 2.09 1.40 1.40 1.08 1.48 0.25 0.31 0.31 0.31 0.28 Par Value 71, 855, 000.00 63,150, 000.00 50,000,000.00 50,000,000.00 282,689,000.00 10,000,000.00 10, 000, 000.00 10, 000, 000.00 10, 000, 000.00 25, 000, 000.00 30, 000, 000.00 50, 000, 000.00 50, 000, 000.00 50, 000, 000.00 245,000,000.00 40, 050, 000.00 25,000,000.00 25,000,000.00 20,000,000.00 22, 685, 000.00 15,000,000.00 15, 000, 000.00 34,000,000.00 15,000,000.00 50,000,000.00 50,000,000.00 41, 500, 000.00 25,000,000.00 50,000,000.00 Current Book Market Value *lz`•'XR° g' .+" w .. 4 ,74 71,844,722.74 71,880,867.80 63,150,000.00 63,150,000.00 49, 987, 035.38 49, 987, 000.00 50, 000, 000.00 50, 057, 500.00 282,670,714.48 282,789,885.56 9,996,333.33 9, 992, 277.78 9,992,277.78 9,992,222.22 24,997,520.83 30,000,000.00 49, 931, 944.44 49, 930, 833.33 49, 971, 902.78 244,805,312.49 40,050,000.00 26, 018, 312.40 24,999,485.26 20,006,479.58 23, 066, 963.08 15,126, 568.53 15, 082, 534.18 33, 985, 823.03 15, 302, 576.12 50, 026, 911.41 50, 013, 263.27 41,505,500.78 24, 987, 763.21 49, 983, 874.05 9, 980, 000.00 9,980,110.00 9,980,110.00 9,980,170.00 24, 971, 900.00 29, 977, 890.00 49, 898, 600.00 49, 898, 600.00 49, 936, 500.00 244,603,880.00 40,189, 774.50 27,017,750.00 25, 536, 000.00 20,014,400.00 23,974,415.40 15, 508, 050.00 15,468,450.00 34,147, 900.00 15, 786,600.00 50,030,500.00 50,030,500.00 41,526,975.00 25,005,500.00 50, 011, 000.00 Current 50, 897.29 11,051.25 33, 527.78 73, 708.33 170,376.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35, 600.00 368, 923.61 334, 809.03 372,430.56 143,120.30 123,958.33 103, 593.75 158,666.67 71,718.75 213,888.89 38, 888.89 25,418.75 1,604.17 3,208.33 Unrealized 36,145.06 0.00 -35.38 57,500.00 119,171.08 - 16,333.33 - 12,167.78 - 12,167.78 - 12,052.22 - 25,620.83 - 22,110.00 - 33,344.44 -32,233.33 -35,402.78 -201,432.49 139,774.50 999,437.60 536,514.74 7,920.42 907, 452.32 381, 481.47 385, 915.82 162,076.97 484, 023.88 3,588.59 17, 236.73 21,474.22 17,736.79 27,125.95 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 5 FHLB Discount Notes Subtotal Investment Inventory with Market Value Issuer Purchase pate Federal Home Loan Bank 5/9/2012 Federal Home Loan Bank 7/30/2012 Federal Home Loan Bank 7/30/2012 Federal Home Loan Bank 8/9/2012 Federal Home Loan Bank 8/15/2012 Federal Home Loan Bank 8/15/2012 Federal Home Loan Bank 8/15/2012 Federal Home Loan Bank 8/29/2012 Federal Home Loan Bank 8/29/2012 Federal Home Loan Bank 8/29/2012 Federal Home Loan Bank 8/29/2012 Federal Home Loan Bank 9/20/2012 Federal Home Loan Bank 9/26/2012 Federal Home Loan Bank 10/4/2012 Federal Home Loan Bank 10/4/2012 Federal Home Loan Bank 10/4/2012 Federal Home Loan Bank 10/4/2012 Federal Home Loan Bank 10/4/2012 Federal Home Loan Bank 10/18/2012 Federal Home Loan Bank 11/26/2012 Federal Home Loan Bank 11/26/2012 Federal Home Loan Bank 1/4/2013 Federal Home Loan Bank 2/7/2013 Federal Home Loan Bank 5/30/2012 FHLB Subtotal Maturity Coupon YTM 6/21/2013 8/14/2013 7/18/2013 8/28/2013 9/6/2013 8/13/2013 8/15/2013 8/13/2013 8/20/2013 8/28/2013 6/21/2013 9/8/2017 9/25/2013 10/4/2013 9/6/2013 10/4/2013 9/12/2013 10/4/2013 10/18/2013 12/18/2013 12/18/2013 6/21/2013 1/29/2014 5/24/2016 Current Unrealized Accr tst` Gain/toss 1.88 0.23 45,225,000.00 45,451,421.92 45,464,692.50 164,882.81 13,270.58 0.24 0.25 75,000,000.00 74,997,940.71 75,027,000.00 8,500.00 29,059.29 0.25 0.22 50, 000, 000.00 50, 005,117.82 50, 005,100.00 14, 930.56 -17.82 0.50 0.24 100,000,000.00 100,126,795.51 100,163,000.00 4,166.67 36,204.49 0.25 0.24 50, 000, 000.00 50, 003, 714.57 50, 018, 500.00 29,166.67 14, 785.43 0.28 0.20 24,650,000.00 24,655,755.71 24,663,311.00 1,265.37 7,555.29 0.29 0.20 25, 000, 000.00 25, 007, 277.50 25, 014, 750.00 1,217.28 7,472.50 0.28 0.21 14,160, 000.00 14,164, 267.76 14,167, 646.40 1,982.40 3,378.64 0.13 0.21 50,000,000.00 49,979,296.30 49,979,200.00 1,909.72 -96.30 0.50 0.22 50,000,000.00 50,068,605,99 50,081,500.00 2,083.33 12,894.01 1.88 0.20 30,000,000.00 30,153,020.55 30,159,000.00 109,375.00 5,979.45 0.75 0.86 35,000,000.00 34,831,521.78 34,921,950.01 149,479.16 90,428.23 0.13 0.21 100,000,000.00 99,953,176.60 99,953,000.00 54,166.67 -176.60 0.13 0.20 25,000,000.00 24,988,922.82 24,987,900.00 12,760.42 -1,022.82 0.25 0.20 25,000,000.00 25,006,686.75 25,009,250.00 30,381.94 2,563.25 0.13 0.21 25,000,000.00 24,986,983.33 24,987,900.00 12,760.42 916.67 0.28 0.20 25, 000, 000.00 25, 010, 877.96 25, 012, 750.00 32, 861.11 1,872.04 0.20 0.21 11,000,000.00 10,999,153.92 10,999,153.00 8,983.33 -0.92 0.19 0.21 50,000,000.00 49,994,325.00 49,994,300.00 35,097.22 -25.00 0.32 0.21 20,000,000.00 20,017,084.76 20,019,000.00 12,977.78 1,915.24 0.30 0.21 80,000,000.00 80,055,656.96 80,064,000.00 48,666.67 8,343.04. 0.17 0.14 47,875,000.00 47,879,982.44 47,880,026.88 15,825.35 44.44 0.38 0.17 10,000,000.00 10,018,291.59 10,015,900.00 3,333.33 -2,391.59 2.02 1.61 9,000,000.00 9,033,382.88 9,036,000.00 48,985.00 2,617.12 0.70 0.48 1,405,145,000.00 1,407,545,316.02 1,411,872,644.69 2,801,588.25 4,327,328.67 Par Value Current Book Market Value FHLB Discount Notes Federal Home Loan Bank 12/7/2012 5/1/2013 0.12 0.12 50,000,000.00 49,989,833.33 49,975,850.00 Federal Home Loan Bank 12/7/2012 5/29/2013 0.12 0.12 100,000,000.00 99,970,333.33 99,942,300.00 Federal Home Loan Bank 12/14/2012 5/8/2013 0.13 0.13 50,000,000.00 49,987,722.22 49,973,800.00 Federal Home Loan Bank 12/14/2012 6/5/2013 0.14 0.14 50,000,000.00 49,981,000.00 49,965,750.00 0.13 0.13 250,000,000.00 249,928,888.88 249,857,700.00 0.00 0.00 0.00 0.00 0.00 -13,983.33 -28,033.33 -13,922.22 -15,250.00 -71,188.88 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 6 Investment Inventory with Mark Value Issuer Purchase Maturity Coupon YTM Par Value Current Book Market Value Current tdt • Unrealized FHLMC Fed Home Loan Mortg Corp. 9/15/2010 7/28/2014 3.00 1.29 15,000,000.00 15,351,970.10 15,570,300.00 41,250.00 218,329.90 Fed Home Loan Mortg Corp. 9/4/2009 7/28/2014 3.00 2.60 20,000,000.00 20,105,941.16 20,760,400.00 55,000.00 654,458.84 Fed Home Loan Mortg Corp. 8/13/2010 2/9/2015 2.88 1.51 20,000,000.00 20,509,937.38 20,993,400.00 35,138.89 483,462.62 Fed Home Loan Mortg Corp. 11/24/2008 6/12/2013 4.00 3.46 20,985,000.00 21,013,997.35 21,211,428.15 184,201.67 197,430.80 Fed Home Loan Mortg Corp. 10/6/2011 11/25/2014 0.75 0.76 50,000,000.00 49,990,604.07 50,424,500.00 100,000.00 433,895.93 Fed Home Loan Mortg Corp. 12/16/2011 1/19/2016 4.75 0.95 15,000,000.00 16,609,005.70 16,871,700.00 83,125.00 262,694.30 Fed Home Loan Mortg Corp. 9/26/2012 10/28/2013 0.88 0.22 50,000,000.00 50,215,990.43 50,222,000.00 149,479.17 6,009.57 Fed Home Loan Mortg Corp. 9/26/2012 10/28/2013 0.88 0.22 61,307,000.00 61,571,834.51 61,579,203.08 183,282.39 7,368.57 Fed Home Loan Mortg Corp. 10/4/2012 9/27/2013 4.13 0.20 12,565,000.00 12,846,569.90 12,848,466.40 221,719.90 1,896.50 Fed Home Loan Mortg Corp. 10/18/2012 11/1/2016 0.63 0.64 50,000,000.00 49,979,105.30 50,024,000.00 115,451.39 44,894.70 Fed Home Loan Mortg Corp. 2/24/2012 8/21/2015 0.63 0.69 30,945,000.00 30,894,606.67 31,045,880.70 5,372.40 151,274.03 Fed Home Loan Mortg Corp. 7/25/2012 7/25/2017 1.00 1.00 20,000,000.00 19,998,240.00 20,037,200.00 20,000.00 38,960.00 Fed Home Loan Mortg Corp. 2/13/2012 2/13/2015 0.55 0.55 50,000,000.00 50,000,000.00 50,145,000.00 13,750.00 145,000.00 Fed Home Loan Mortg Corp. 5/17/2012 3/6/2017 1.20 1.14 20,000,000.00 20,030,932.20 20,177,600.00 116,666.67 146,667.80 Fed Home Loan Mortg Corp. 12/5/2012 2/13/2015 0.55 0.42 40,000,000.00 40,091,093.46 40,116,000.00 11,000.00 24,906.54 Fed Home Loan Mortg Corp. 1/16/2013 1/23/2017 2.25 1.74 8,500,000.00 8,647,887.49 8,661,925.00 20,187.50 14,037.51 Fed Home Loan Mortg Corp. 1/17/2013 7/17/2017 2.00 1.80 11,500,000.00 11,575,932.20 11,582,455.00 28,111.11 6,522.80 Fed Home Loan Mortg Corp. 1/31/2013 7/3/2017 2.25 2.04 8,550,000.00 8,609,333.17 8,611,816.50 30,993.75 2,483.33 Fed Home Loan Mortg Corp. 2/11/2013 8/14/2017 2.00 1.79 40,500,000.00 40,827,874.50 40,848,705.00 38,250.00 20,830.50 Fed Home Loan Mortg Corp. 3/12/2012 3/12/2015 0.65 0.65 50,000,000.00 50,000,000.00 50,206,000.00 152,569.44 206,000.00 Fed Home Loan Mortg Corp. 3/12/2012 3/12/2015 0.65 0.65 50,000,000.00 50,000,000.00 50,206,000.00 152,569.44 206,000.00 FHLMC Subtotal 1.34 0.91 644,852,000.00 648,870,855.59 652,143,979.83 1,758,118.72 3,273,124.24 FHLMC Discount Notes Fed Home Loan Mortg Corp. 12/10/2012 6/28/2013 0.13 0.13 25,000,000.00 24,989,256.94 24,981,950.00 FHLMC Discount Notes Subtotal 0.13 0.13 25,000,000.00 24,989,256.94 24,981,950.00 0.00-7,306.94 0.00-7,306.94 FNMA Fed National Mortg Assoc 3/10/2011 9/23/2013 1.00 1.12 25,000,000.00 24,984,014.79 25,110,000.00 109,722.22 125,985.21 Fed National Mortg Assoc 3/10/2011 8/20/2013 1.25 1.04 60,000,000.00 60,059,342.05 60,297,000.00 22,916.67 237,657.95 Fed National Mortg Assoc 8/13/2010 4/15/2015 5.00 1.57 20,000,000.00 21,399,546.25 21,969,000.00 377,777.78 569,453.75 Fed National Mortg Assoc 11/18/2010 11/20/2014 2.63 1.23 20,000,000.00 20,465,323.16 20,815,400.00 147,291.67 350,076.84 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 7 Investment Inventory with Market Value Issuer Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc FNMA Subtotal FNMA Discount Notes Fed National Mortg Assoc Fed National Mortg Assoc Purchase Maturity Coupon YTM Par Value 4/27/2011 10/8/2013 1.13 1.01 50, 000, 000.00 10/6/2011 9/28/2016 1.25 1.28 20, 000, 000.00 11 / 15/2011 11/15/2016 1.38 1.29 15, 000, 000.00 1/17/2012 11/15/2016 1.38 1.10 20,000,000.00 8/27/2012 8/20/2013 1.25 0.21 83, 729, 000.00 8/29/2012 7/12/2013 3.88 0.20 25,000,000.00 9/20/2012 5/27/2014 1.10 0.27 25,000,000.00 10/4/2012 10/15/2013 4.63 0.21 25, 000, 000.00 11/7/2012 10/30/2014 0.63 0.30 25,000,000.00 11/26/2012 12/18/2013 0.75 0.21 25,000,000.00 12/10/2012 6/26/2013 1.50 0.16 30,000,000.00 2/7/2013 3/17/2014 1.30 0.19 25,000,000.00 3/12/2012 3/6/2017 1.20 1.23 15, 000, 000.00 5/16/2011 5/16/2016 2.18 2.18 25,000,000.00 12/5/2012 6/5/2015 0.42 0.42 10,000,000.00 5/30/2012 11/14/2016 1.05 1.06 25, 000, 000.00 5/30/2012 11/14/2016 1.05 1.06 25, 000, 000.00 7/17/2012 7/17/2017 0.50 0.51 20,000,000.00 12/27/2012 12/27/2017 0.88 0.91 35, 000, 000.00 3/22/2012 3/22/2017 1.00 1.00 50,000,000.00 3/13/2012 3/13/2017 1.00 1.00 50, 000, 000.00 5/31/2012 11/23/2016 0.50 0.50 12, 000, 000.00 6/4/2012 11/10/2015 0.50 0.50 17,900,000.00 6/28/2012 4/17/2017 1.50 1.35 45, 785, 000.00 11/29/2012 11/29/2017 1.00 1.00 31,755,000.00 12/18/2012 12/18/2017 0.75 0.75 60,000,000.00 12/27/2012 12/27/2017 0.75 0.75 25,000,000.00 2/21/2013 2/21/2018 0.83 0.83 50,000,000.00 1.35 0.81 991,169,000.00 8/20/2012 3/22/2013 0.16 0.16 50,000,000.00 12/7/2012 5/10/2013 0.12 0.12 50,000,000.00 Current Book 50,035,321.00 19, 976,443.30 15,046,211.98 20,196, 339.01 84,136, 028.73 25, 333, 568.69 25, 255, 050.07 25, 685, 283.02 25,135, 468.09 25,107, 061.52 30,128,635.71 25,289,026.50 14,984,897.58 25, 000, 000.00 10, 000, 000.00 24, 993, 767.14 24,994,805.95 19, 991, 069.33 34, 940, 927.78 50, 000, 000.00 50, 000, 000.00 12, 000, 000.00 17, 900, 000.00 45, 835, 940.17 31,755,000.00 60, 000, 000.00 Market Value 50,278,500.00 20,478,400.00 15,451, 050.00 20,601, 400.00 84,143,458.55 25,343,250.00 25, 252, 000.00 25, 689, 000.00 25,143, 000.00 25,115, 500.00 30,131,100.00 25, 259, 250.00 15,106, 950.00 25, 082, 250.00 9,995,900.00 25, 041, 500.00 25, 041, 500.00 20,032,600.00 34, 805, 750.00 50, 008, 500.00 50, 013, 500.00 12, 008, 280.00 17, 907, 339.00 45, 859,171.70 31, 830, 259.35 60,206,400.00 25,000,000.00 24,992,750.00 33,333.33 50,000,000.00 50,287,000.00 11,458.33 995,629,071.82 999,296,958.60 3,571,511.62 49, 995, 333.33 49, 988, 333.33 49,952,450.00 49, 974, 350.00 0.00 0.00 Current Unrealized Aso* tot foss 223,437.50 243,179.00 106,250.00 501,956.70 60,729.17 404,838.02 80,972.22 405,060.99 31,979.83 7,429.82 131,857.64 9,681.31 71,805.56 -3,050.07 436,805.56 3,716.98 52,517.36 7,531.91 38,020.83 8,438.48 81,250.00 2,464.29 148,055.56 -29,776.50 87, 500.00 122, 052.42 158,958.33 82,250.00 10,033.33 -4,100.00 78,020.83 47,732.86 78,020.83 46,694.05 12,222.22 41,530.67 54,444.44 -135,177.78 220,833.33 8,500.00 233, 333.33 13, 500.00 16,333.33 8,280.00 27, 595.83 7,339.00 255,632.92 23,231.53 81,151.67 75, 259.35 91,250.00 206,400.00 -7,250.00 287,000.00 3,667,886.78 -42,883.33 -13,983.33 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR InveSLrnent Inventory with MarkeL Value Issuer Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc FNMA Discount Notes Subtotal Money Market Funds Black Rock Morgan Stanley Caltrust Money Market Funds Subtotal Negotiable CD Union Bank of Califomia Toronto Domin Ny Union Bank of Switzerland BB&T Capital Markets Bank of Montreal Bank of Montreal Bank of Montreal Toronto Domin Ny Bank of Montreal Union Bank of Califomia Svenska Hndl NY Negotiable CD Subtotal Repurchase Agreements Wells Fargo Bank NA Repurchase Agreements Subtotal 2/28/2013 2/28/2013 2/28/2013 Purchase Maturity Coupon 12/7/2012 5/1/2013 0.12 12/7/2012 5/1/2013 0.12 1/4/2013 6/3/2013 0.11 1/4/2013 6/3/2013 0.11 1/15/2013 7/1/2013 0.10 1/15/2013 7/1/2013 0.10 0.12 3/1/2013 0.01 3/1/2013 0.05 3/1/2013 0.45 0.12 1/10/2013 4/30/2013 0.19 1/10/2013 3/28/2013 0.17 1/18/2013 4/17/2013 0.18 1/30/2013 4/12/2013 0.12 2/5/2013 3/7/2013 0.17 2/5/2013 3/8/2013 0.16 2/6/2013 3/8/2013 0.18 2/6/2013 3/8/2013 0.14 2/7/2013 3/11/2013 0.17 2/27/2013 4/17/2013 0.12 2/8/2013 5/7/2013 0.22 0.17 YTM 0.12 0.12 0.11 0.11 0.10 0.10 0.12 Par Value 50,000,000.00 100,000,000.00 50, 000, 000.00 50, 000, 000.00 50, 000, 000.00 50, 000, 000.00 450,000,000.00 Current Book Market Value 49,989,833.33 99,979,666.67 49, 985, 638.89 49, 985, 638.89 49,983,055.56 49, 983, 055.56 449,890,555.56 49, 975, 850.00 99, 951, 700.00 49,977,100.00 49, 977,100.00 49, 976, 800.00 49, 976, 800.00 449,762,150.00 0.01 66,850,000.00 66,850,000.00 66,850,000.00 0.05 48,275,000.00 48,275,000.00 48,275,000.00 0.45 35,000,000.00 35,000,000.00 35,105,105.00 0.12 150,125, 000.00 150,125, 000.00 150, 230 ,105.00 0.19 0.16 0.18 0.12 0.17 0.16 0.18 0.14 0.17 0.12 0.21 0.17 100,000,000.00 40,000,000.00 50, 000, 000.00 50,000,000.00 66, 000, 000.00 35, 000, 000.00 100,000,000.00 28, 330, 000.00 15,000,000.00 50,000,000.00 50, 000, 000.00 584,330,000.00 2/28/2013 3/1/2013 0.02 0.02 9,957,372.48 0.02 0.02 9,957,372.48 100,000,000.00 40, 000, 299.90 50, 000, 000.00 50,000,000.00 66, 000, 000.00 35,000,000.00 100,000,000.00 28, 330,000.00 15,000,000.00 50,000,000.00 50, 000, 464.81 584,330,764.71 9,957,372.48 9,957,372.48 100,000,000.00 40, 000, 280.00 50,000,000.00 50,000,000.00 66, 000, 000.00 35,000,000.00 100,000,000.00 28, 330, 000.00 15, 000, 000.00 50,000,000.00 50,000,450.00 584,330,730.00 9, 957, 372.48 9,957,372.48 Current 0.00 0.00 0.00 0.00 0.00 0.00 0.00 323.01 1,037.49 11,227.18 12,587.68 26,388.89 9,444.44 10,500.00 5,000.00 7,480.00 3,733.33 11,500.00 2,533.96 1,558.34 333.33 6,569.44 85,041.73 5.53 5.53 Unrealized - 13,983.33 - 27,966.67 - 8, 538.89 -8,538.89 -6,255.56 - 6,255.56 -128,405.56 0.00 0.00 105,105.00 105,105.00 0.00 -19.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -14.81 -34.71 0.00 0.00 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 9 Investment Inventory with Market Value US Treasury Notes Issuer Purchase D U.S. Treasury Securities 10/12/2010 U.S. Treasury Securities 4/12/2011 U.S. Treasury Securities 6/30/2008 U.S. Treasury Securities 4/3/2009 U.S. Treasury Securities 4/3/2009 U.S. Treasury Securities 5/27/2009 U.S. Treasury Securities 9/3/2009 U.S. Treasury Securities 7/14/2010 U.S. Treasury Securities 12/12/2011 U.S. Treasury Securities 3/12/2012 U.S. Treasury Securities 4/12/2012 U.S. Treasury Securities 6/8/2012 U.S. Treasury Securities 1/7/2013 U.S. Treasury Securities 9/22/2011 U.S. Treasury Securities 9/22/2011 U.S. Treasury Securities 10/12/2012 U.S. Treasury Notes Subtotal Grand Total Maturity Coupon Bate 1/31/2015 11/30/2015 4/30/2013 3/31/2014 12/31/2013 8/31/2013 8/31/2014 6/30/2015 11/30/2016 2/28/2017 6/30/2013 5/15/2017 12/31/2017 8/31/2016 2/29/2016 7/31/2017 2.25 1.38 3.13 1.75 1.50 3.13 2.38 1.88 0.88 0.88 3.38 4.50 0.75 1.00 2.13 0.50 2.13 YTM 0.90 2.17 3.29 1.74 1.63 1.99 2.26 1.90 0.87 0.90 0.25 0.73 0.81 0.86 0.71 0.66 1.40 Par Value 10,000,000.00 10, 000, 000.00 25, 000, 000.00 15, 000, 000.00 10, 000, 000.00 10, 000, 000.00 20,000,000.00 15, 000, 000.00 12, 000, 000.00 15, 000, 000.00 25,000,000.00 15,000,000.00 15,000,000.00 10, 000, 000.00 Current Book 10, 252, 751.03 9, 793, 366.07 24, 993, 792.05 15, 001, 777.42 9, 989, 550.27 10, 053, 992.05 20, 031, 939.11 14, 991, 744.49 12,001,061.49 14, 983, 022.67 25, 258, 949.62 17, 329, 911.21 14, 955, 628.45 10, 048, 715.37 10, 000, 000.00 10, 417, 971.16 15, 000, 000.00 14, 897, 562.89 232,000,000.00 235,001,735.35 Market Value 10,384,400.00 10, 285, 200.00 25,124,000.00 15, 252, 600.00 10,110, 500.00 10,148, 400.00 20,646,000.00 15, 557, 850.00 12,165,960.00 15,190, 950.00 25, 271, 500.00 17,435,100.00 15, 014,100.00 10,188,300.00 10, 526, 600.00 14, 906, 250.00 238,207,710.00 Current Unrealized Azar Int Galan -ow 18, 024.86 131, 648.97 34,375.00 491,833.93 261,136.05 130,207.95 109,615.38 250,822.58 24,861.88 120,949.73 849.18 94,407.95 1,290.76 614,060.89 46,616.02 566,105.51 26,250.00 164,898.51 356.66 207, 927.33 139, 848.07 12, 550.38 197, 651.93 105,188.79 18, 646.41 58, 471.55 271.74 139,584.63 577.45 108, 628.84 6,008.29 8,687.11 886,379.68 3,205,974.65 0.70 0.48 5,925,078,372.48 5,938,533,533.21 5,952,790,236.16 9,288,036.02 14,256,702.95 •Note: Market Value source is Bank of New York Mellon COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 1r' • County of San Diego Treasurer Investment Report MONTH ENDING January 31, 2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Table of Contents 3 Summary Portfolio Statistics as of January 31, 2013 4 Investment Inventory with Market Value 11 Purchases/Sales/Maturities 16 Cash Flow Analysis 17 Participant Cash Balances 18 Pooled Money Fund Participants 19 Pooled Money Fund - Asset Allocation 20 Pooled Money Fund Assets - Credit Quality 21 Investment Policy Compliance Standards DISCLAIMER: The information provided, including all charts, tables, graphs and numerical representations, are provided to readers solely as a general overview of the economic and market conditions which the Treasurer utilizes in making investment decisions. Note: All Investments held during the month of January 2013 were in compliance with the Investment Policy dated January 1, 2013. The projected cash flows indicate sufficient liquidity to meet all scheduled expenditures for the next 6 months. COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 2 Sumrr y Portfolio Statistics ertificates of Deposit ommercial Paper annie Mae annie Mae Discount Notes ederal Farm Credit Bank Discount Notes ederal Fami Credit Bank Notes ederal Home Loan Bank Discount Notes ederal Home Loan Bank Notes ederal Home Loan Mortgage Corp Discount Note ederal Home Loan Mortgage Corp Notes loney Market Funds egotiable CD .epurchase Agreements .S. Treasury Notes otals for January 2013 otals for December 2012 ;hange From Prior Month 'ortfolio Effective Duration Book Value Market Value County of San Diego Poo as of January 31 Percent of Current Par/ Portfolio Share 1.08 64,811,000 7.27 435,000,000 15.40 916,169,000 8.86 530,000,000 4.09 245,000,000 4.73 282,689,000 4.60 275,000,000 23.38 1,395,145,000 0.42 25,000,000 10.17 604,352,000 2.27 135,875,000 13.52 808,330,000 0.28 17,041,934 3.93 232,000,000 100.00 5,966,412,934 WAM WAC YTM 118 118 0.31 19 19 0.17 971 495 0.83 93 93 0.12 176 176 0.18 346 216 0.31 101 101 0.13 300 293 0.48 148 148 0.13 774 560 0.85 1 1 0.11 29 29 0.17 1 0.02 862 862 1.40 376 272 0.46 100.00 349 250 0.43 6,764,343,225 0.790 years January Retum 0.037% 0.037% led Money Fund , 2013 Current Market Market Current Yield to Unrealized Book Price Value Accrint Worst Gain/Loss 64,811,000 1.000 64,811,000 3,527 0.31 0 434,962,025 1.000 434,912,970 0 0.17 (49,055) 920,776,074 1.008 923,069,611 3,264,580 0.79 2,293,537 529,844,987 0.999 529,696,950 0 0.12 (148,037) 244,770,118 0.998 244,603,880 0 0.18 (166,238) 282,668,575 1.001 282,836,971 171,461 0.31 168,396 274,902,542 0.999 274,812,950 0 0.13 (89,592) 1,397,787,108 1.005 1,402,259,043 2,652,715 0.47 4,471,934 24,986,729 0.999 24,981,950 0 0.13 (4,779) 608,301,972 1.012 611,587,511 1,705,849 0.76 3,285,540 135,875,000 1.001 135,980,105 4,328 0.11 105,105 808,330,911 1.000 808,330,880 118,713 0.17 (31) 17,041,934 1.000 17,041,934 9 0.02 0 235,123,323 1.026 238,051,110 1,124,816 1.40 2,927,787 5,980,182,297 1.004 5,992,976,865 9,045,998 0.45 12,794,568 27 22 0.03 (797,930,291) Annualized 0.435% 0.434% Fiscal Year To Date Retum Annualized 0.244% 0.414% 0.243% 0.481% Calendar Year To Date Retum 0.037% 0.468% 6,778,801,164 1.004 6,794,301,275 8,860,318 0.43 15,500,111 (798,618,867) 0.000 (801,324,410) 185,680 0.02 (2,705,543) Annualized 0.435% 0.467% ote ield to maturity (YTM) is the estimated rate of retum on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of return to the maturity date. ield to cal (YTC) is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of return to the call date. ield to worst (YTW) is the lesser of yield to maturity or yield to call, reflecting the optionality of the bond issuer. ietds for the portfolio are aggregated based on the book value of each security. COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 3 Investment Inventory with Market Value Issuer Certificates of Deposit CDARS Regent Bank Vibra Bank Ca Bank and Trust Ca Bank and Trust Comerica Bank Torrey Pines Bank Ca Bank and Trust First Califomia Bank Vibra Bank Metro United Bank Neighborhood Nati Bank Security Business Bank Coronado First Bank SD Private Bank Regents Bank Pacific Trust Bank Torrey Pines Bank Purchase Maturity Coupon YTM Date Date 9/20/2012 3/21/2013 0.35 12/27/2012 6/27/2013 0.45 11/19/2012 5/20/2013 0.13 1/21/2013 7/22/2013 0.11 7/24/2012 7/24/2013 0.50 3/29/2012 3/29/2013 0.30 5/8/2012 5/8/2013 0.17 5/12/2012 5/12/2013 0.39 8/12/2012 2/12/2013 0.65 11/19/2012 2/19/2013 0.40 1/22/2013 4/22/2013 0.55 9/16/2012 3/15/2013 0.25 10/24/2012 10/24/2013 0.30 11/10/2012 5/10/2013 0.35 11/29/2012 5/28/2013 0.25 12/20/2012 6/20/2013 0.25 9/7/2012 9/6/2013 0.25 Certificates of Deposit Subtotal 0.31 Commercial Paper Bank of Nova Scotia Bank of Nova Scotia Bank of Nova Scotia Bank of Nova Scotia Societe Generale N.A. Commercial Paper Subtotal 0.35 0.45 0.13 0.11 0.50 0.30 0.17 0.39 0.65 0.40 0.55 0.25 0.30 0.35 0.25 0.25 0.25 0.31 Par Value 2,813,500.00 5, 000, 000.00 10, 000, 000.00 10,000,000.00 15,000,000.00 20,000,000.00 100,000.00 100,000.00 250, 000.00 250,000.00 98, 000.00 250,000.00 250, 000.00 100,000.00 250, 000.00 250,000.00 99,500.00 64,811,000.00 Current Book Market Value Current Unrealized Accr bit Gain/Loss 2, 813, 500.00 5, 000, 000.00 10, 000, 000.00 10, 000, 000.00 15,000,000.00 20,000,000.00 100, 000.00 100,000.00 250, 000.00 250,000.00 98, 000.00 250, 000.00 250,000.00 100, 000.00 250,000.00 250, 000.00 99,500.00 64,811,000.00 2, 813, 500.00 5,000,000.00 10, 000, 000.00 10, 000, 000.00 15, 000, 000.00 20, 000, 000.00 100, 000.00 100,000.00 250,000.00 250,000.00 98, 000.00 250,000.00 250,000.00 100,000.00 250,000.00 250,000.00 99, 500.00 64,811,000.00 12/3/2012 2/1/2013 0.18 0.18 50,000,000.00 50,000,000.00 49,985,000.00 12/14/2012 2/28/2013 0.19 0.19 70,000,000.00 69,990,025.00 69,978,160.00 1/9/2013 3/29/2013 0.18 0.18 70,000,000.00 69,980,400.00 69,972,350.00 1/9/2013 2/28/2013 0.16 0.16 70,000,000.00 69,991,600.00 69,978,160.00 1/31/2013 2/1/2013 0.15 0.15 175,000,000.00 175,000,000.00 174,999,300.00 0.17 0.17 435,000,000.00 434,962,025.00 434,912,970.00 323.74 61.64 433.33 305.56 1,643.83 493.15 10.86 21.66 90.28 33.33 0.00 27.40 18.49 21.10 5.14 20.55 17.04 3,527.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -15,000.00 -11,865.00 -8,050.00 -13,440.00 -700.00 -49,055.00 FFCB Federal Farrn Credit Bank 3/5/2012 8/28/2013 0.30 0.28 47,684,000.00 47,689,796.42 47,718,332.48 60,797.10 28,536.06 Federal Farm Credit Bank 7/30/2012 11/19/2013 0.25 0.27 71,855,000.00 71,843,527.71 71,895,238.80 35,927.50 51,711.09 Federal Farm Credit Bank 8/1/2012 8/1/2013 0.21 0.21 63,150,000.00 63,150,000.00 63,150,000.00 0.00 0.00 4 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR nvest mnt Inventory with Marke Talue Issuer Federal Farm Credit Bank Federal Farm Credit Bank FFCB Subtotal Purchase 10/10/2012 6/4/2012 Maturity Coupon YTM Par Value Current Book 10/9/2013 0.17 6/4/2015 0.61 0.30 0.21 0.61 0.31 50,000,000.00 50,000,000.00 282,689,000.00 49,985,251.25 50,000,000.00 282,668,575.38 Market Value Current 49, 985,400.00 50,088,000.00 282,836,971.28 26, 444.44 48, 291.67 171,460.71 Unrealized 148.75 88,000.00 168,395.90 FFCB Discount Notes Federal Farm Credit Bank 5/11/2012 5/6/2013 0.20 0.20 10,000,000.00 9,994,777.78 9,980,000.00 0.00-14,777.78 Federal Farm Credit Bank 7/25/2012 7/18/2013 0.20 0.20 10,000,000.00 9,990,722.22 9,980,110.00 0.00-10,612.22 Federal Farm Credit Bank 7/25/2012 7/18/2013 0.20 0.20 10,000,000.00 9,990,722.22 9,980,110.00 0.00-10,612.22 Federal Fami Credit Bank 7/27/2012 7/19/2013 0.20 0.20 10,000,000.00 9,990,666.67 9,980,170.00 0.00-10,496.67 Federal Farm Credit Bank 7/27/2012 3/22/2013 0.17 0.17 25,000,000.00 24,994,215.28 24,971,900.00 0.00-22,315.28 Federal Farm Credit Bank 9/5/2012 3/1/2013 0.15 0.15 30,000,000.00 29,996,500.00 29,977,890.00 0.00-18,610.00 Federal Farm Credit Bank 10/2/2012 6/28/2013 0.17 0.17 50,000,000.00 49,965,291.67 49,936,500.00 0.00-28,791.67 Federal Farm Credit Bank 11/1/2012 11/1/2013 0.20 0.20 50,000,000.00 49,924,166.67 49,898,600.00 0.00-25,566.67 Federal Farm Credit Bank 11/5/2012 11/5/2013 0.20 0.20 50,000,000.00 49,923,055.55 49,898,600.00 0.00-24,455.55 FFCB Discount Notes Subtotal 0.18 0.18 245,000,000.00 244,770,118.06 244,603,880.00 0.00-166,238.06 FHLB Federal Home Loan Bank 3/29/2011 7/29/2013 1.00 1.00 40,050,000.00 40,050,000.00 40,220,212.50 2,225.00 170,212.50 Federal Home Loan Bank 6/13/2011 3/11/2016 3.13 1.72 25,000,000.00 26,046,339.34 27,036,500.00 303,819.44 990,160.66 Federal Home Loan Bank 11/24/2008 10/18/2013 3.63 3.63 25,000,000.00 24,999,417.23 25,610,500.00 259,288.19 611,082.77 Federal Home Loan Bank 4/3/2009 3/8/2013 3.88 2.13 20,000,000.00 20,034,249.19 20,076,800.00 307,847.22 42,550.81 Federal Home Loan Bank 7/13/2010 6/12/2015 2.88 2.09 22,685,000.00 23,080,920.32 24,028,859.40 88,770.82 947,939.08 Federal Home Loan Bank 10/8/2010 9/11/2015 1.75 1.40 15,000,000.00 15,130,741.12 15,529,500.00 102,083.33 398,758.88 Federal Home Loan Bank 10/8/2010 9/28/2015 1.63 1.40 15,000,000.00 15,085,205.19 15,486,150.00 83,281.25 400,944.81 Federal Home Loan Bank 12/13/2010 9/13/2013 1.00 1.08 34,000,000.00 33,983,607.88 34,171,700.00 130,333.33 188,092.12 Federal Home Loan Bank 8/10/2011 6/10/2016 2.13 1.48 15,000,000.00 15,310,275.26 15,790,950.00 45,156.25 480,674.74 Federal Home Loan Bank 3/19/2012 3/27/2013 1.00 0.25 50,000,000.00 50,057,963.04 50,067,000.00 172,222.22 9,036.96 Federal Home Loan Bank 3/19/2012 6/21/2013 0.40 0.31 50,000,000.00 50,016,880.53 50,041,000.00 22,222.22 24,119.47 Federal Home Loan Bank 3/19/2012 6/28/2013 0.35 0.31 41,500,000.00 41,506,911.24 41,535,690.00 13,314.58 28,778.76 Federal Home Loan Bank 3/19/2012 8/20/2013 0.21 0.31 25,000,000.00 24,985,591.00 25,006,250.00 23,479.17 20,659.00 Federal Home Loan Bank 3/6/2012 8/20/2013 0.21 0.28 50,000,000.00 49,981,011.45 50,012,500.00 46,958.33 31,488.55 Federal Home Loan Bank 5/9/2012 6/21/2013 1.88 0.23 45,225,000.00 45,513,173.35 45,531,625.50 94,218.75 18,452.15 Federal Home Loan Bank 7/30/2012 8/14/2013 0.24 0.25 75,000,000.00 74,997,561.70 75,033,750.00 83,500.00 36,188.30 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 5 Investment Inventory with Market Value Issuer Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank FHLB Subtotal Purchase Date 7/30/2012 8/9/2012 8/15/2012 8/15/2012 8/15/2012 8/29/2012 8/29/2012 8/29/2012 8/29/2012 9/20/2012 9/26/2012 10/4/2012 10/4/2012 10/4/2012 10/4/2012 10/4/2012 10/18/2012 11/26/2012 11/26/2012 1/4/2013 5/30/2012 FHLB Discount Notes Federal Home Loan Bank 2/23/2012 Federal Home Loan Bank 12/7/2012 Federal Home Loan Bank 12/7/2012 Federal Home Loan Bank 12/14/2012 Federal Home Loan Bank 12/14/2012 FHLB Discount Notes Subtotal Maturity Coupon Date 7/18/2013 0.25 8/28/2013 0.50 9/6/2013 0.25 8/13/2013 0.28 8/15/2013 0.29 8/13/2013 0.28 8/20/2013 0.13 8/28/2013 0.50 6/21/2013 1.88 9/8/2017 0.75 9/25/2013 0.13 10/4/2013 0.13 9/6/2013 0.25 10/4/2013 0.13 9/12/2013 0.28 10/4/2013 0.20 10/18/2013 0.19 12/18/2013 0.32 12/18/2013 0.30 6/21/2013 0.17 5/24/2016 2.02 0.70 2/15/2013 5/1/2013 5/29/2013 5/8/2013 6/5/2013 0.18 0.12 0.12 0.13 0.14 0.13 FHLMC Fed Home Loan Mortg Corp. 9/15/2010 7/28/2014 3.00 YTM 0.22 0.24 0.24 0.20 0.20 0.21 0.21 0.22 0.20 0.86 0.21 0.20 0.20 0.21 0.20 0.21 0.21 0.21 0.21 0.14 1.61 0.48 0.18 0.12 0.12 0.13 0.14 0.13 Par Value 50, 000, 000.00 100, 000, 000.00 50, 000, 000.00 24, 650, 000.00 25,000,000.00 14,160,000.00 50,000,000.00 50,000,000.00 30, 000, 000.00 35,000,000.00 100, 000, 000.00 25,000,000.00 25, 000, 000.00 25, 000, 000.00 25,000,000.00 11,000,000.00 50,000,000.00 20,000,000.00 80, 000, 000.00 47,875,000.00 9, 000, 000.00 1,395,145,000.00 25,000,000.00 50,000,000.00 100, 000, 000.00 50,000,000.00 50,000,000.00 275,000,000.00 1.29 15,000,000.00 Current Book 50,006,238.51 100,148, 286.28 50, 004, 316.93 24,656,821.58 25, 008, 608.75 14,165,058.08 49, 975, 621.08 50, 080, 234.12 30,194, 753.42 34,828,415.24 99, 946,290.81 24,987,362.65 25,007,771.08 24, 985,150.00 25, 012, 586.54 10, 999, 034.75 49, 993, 575.00 20, 018, 870.63 80,061,474.76 47, 881, 341.29 9,045,448.98 1,397,787,108.30 24, 998,250.00 49, 985,166.66 99, 961, 000.00 49, 982, 666.66 49,975,458.34 274,902,541.66 15, 372, 796.73 Market Value Current Accr Int 50, 006,150.00 4,513.89 100,187,000.00 212,500.00 50, 021, 000.00 18, 750.00 24,666,515.50 32,209.33 25,017,750.00 33,430.56 14,169,487.20 18,502.40 49,975,850.00 27,951.39 50, 093, 500.00 106,250.00 30, 203, 400.00 62, 500.00 34,759,900.01 127,604.16 99,946,700.00 43,750.00 24,986,325.00 10,156.25 25, 010, 500.00 25,173.61 24, 986, 325.00 10,156.25 25,015,250.00 27,027.78 10, 999, 043.00 7,150.00 49,993,600.00 27,180.56 20,024,600.00 7,644.44 80,084,000.00 28,666.67 47, 881, 319.51 9,043.05 9,051,840.00 33,835.00 1,402,259,042.60 2,652,715.46 24, 955, 250.00 49, 975, 850.00 99, 942, 300.00 49, 973, 800.00 49, 965, 750.00 274,812,950.00 15,600,450.00 0.00 0.00 0.00 0.00 0.00 0.00 3,750.00 Unrealized Gain/Loss -88.51 38,713.72 16, 683.07 9,693.92 9,141.25 4,429.12 228.92 13, 265.88 8,646.58 -68,515.23 409.19 -1,037.65 2,728.92 1,175.00 2,663.46 8.25 25.00 5,729.37 22,525.24 -21.78 6,391.02 4,471,934.30 -43,000.00 -9,316.66 -18,700.00 - 8,866.66 - 9,708.34 -89,591.66 227, 653.27 6 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Investeent Inventory with MarkeWalue • Issuer Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. FHLMC Subtotal Purchase 9/4/2009 8/13/2010 11/24/2008 10/6/2011 12/16/2011 9/26/2012 9/26/2012 10/4/2012 10/18/2012 2/24/2012 7/25/2012 2/13/2012 5/17/2012 12/5/2012 1/16/2013 1/17/2013 1/31/2013 3/12/2012 3/12/2012 Maturity Coupon YTM 7/28/2014 2/9/2015 6/12/2013 11/25/2014 1/19/2016 10/28/2013 10/28/2013 9/27/2013 11/1/2016 8/21/2015 7/25/2017 2/13/2015 3/6/2017 2/13/2015 1/23/2017 7/17/2017 7/3/2017 3/12/2015 3/12/2015 3.00 2.88 4.00 0.75 4.75 0.88 0.88 4.13 0.63 0.63 1.00 0.55 1.20 0.55 2.25 2.00 2.25 0.65 0.65 1.30 FHLMC Discount Notes Fed Home Loan Mortg Corp. 12/10/2012 6/28/2013 0.13 FHLMC Discount Notes Subtotal 0.13 FNMA Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc 3/10/2011 9/23/2013 3/10/2011 8/20/2013 8/13/2010 4/15/2015 11/18/2010 11/20/2014 4/27/2011 10/8/2013 10/6/2011 9/28/2016 11/15/2011 11/15/2016 1.00 1.25 5.00 2.63 1.13 1.25 1.38 2.60 1.51 3.46 0.76 0.95 0.22 0.22 0.20 0.64 0.69 1.00 0.55 1.14 0.42 1.74 1.80 2.04 0.65 0.65 0.85 0.13 0.13 1.12 1.04 1.57 1.23 1.01 1.28 1.29 Par Value Current Book 20,000,000.00 20,000,000.00 20,985,000.00 50, 000, 000.00 15,000,000.00 50,000,000.00 61,307, 000.00 12,565,000.00 50,000,000.00 30,945,000.00 20,000,000.00 50,000,000.00 20,000,000.00 40,000,000.00 8,500,000.00 11,500,000.00 8,550,000.00 50,000,000.00 50,000,000.00 604,352,000.00 25,000,000.00 25,000,000.00 25,000,000.00 60,000,000.00 20,000,000.00 20,000,000.00 50,000,000.00 20,000,000.00 15,000,000.00 Market Value Current 20,112,209.86 20,800,600.00 5,000.00 20,531,854.46 21,032,000.00 274,722.22 21,022,610.42 21,279,629.40 114,251.67 49,990,152.35 50,433,500.00 68,750.00 16,655,508.76 16,906,350.00 23,750.00 50,243,330.99 50,257,500.00 113,020.83 61,605,357.87 61,622,731.04 138,579.37 12, 887, 575.23 12, 891, 313.05 178, 527.71 49,978,630.42 49,888,500.00 89,409.72 30,892,908.02 31,070,636.69 85,958.34 19,998,206.67 19,955,000.00 3,333.33 50,000,000.00 50,167,500.00 128,333.33 20,033,474.58 20,168,600.00 96,666.67 40,099,084.11 40,134,000.00 102,666.67 8,661,665.83 8,677,225.00 4,250.00 11, 592, 681.95 11, 600, 855.00 8,944.44 8,623,923.30 8,627,121.00 14,962.50 50,000,000.00 50,237,000.00 125,486.11 50,000,000.00 50,237,000.00 125,486.11 608,301,971.55 611,587,511.18 1,705,849.02 24,986,729.16 24,981,950.00 0.00 24,986,729.16 24,981,950.00 0.00 24,981,640.74 60,069,876.14 21,454, 502.26 20, 487, 875.17 50,040,204.09 19, 975, 894.20 15, 047, 251.23 25,128, 750.00 60, 349, 800.00 22, 048, 800.00 20,853,800.00 50,324,000.00 20,467,800.00 15, 398, 850.00 Unrealized 688, 390.14 500,145.54 257,018.98 443, 347.65 250,841.24 14,169.01 17,373.17 3,737.82 -90,130.42 177, 728.67 -43,206.67 167,500.00 135,125.42 34,915.89 15,559.17 8,173.05 3,197.70 237, 000.00 237, 000.00 3,285,539.63 -4,779.16 -4,779.16 88, 888.89 147,109.26 335,416.67 279,923.86 294,444.44 594,297.74 103,541.67 365,924.83 176,562.50 283,795.91 85,416.67 491,905.80 43,541.67 351,598.77 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 7 Investment Inventory with Market Value Issuer Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc FNMA Subtotal FNMA Discount Notes Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Fed National Mortg Assoc Purchase Date 1/17/2012 8/27/2012 8/29/2012 9/20/2012 10/4/2012 11/7/2012 11/26/2012 12/10/2012 3/12/2012 5/16/2011 12/5/2012 5/30/2012 5/30/2012 7/17/2012 12/27/2012 3/22/2012 3/13/2012 5/31/2012 6/4/2012 6/28/2012 11/29/2012 12/18/2012 12/27/2012 Maturity Coupon Date 11/15/2016 1.38 8/20/2013 1.25 7/12/2013 3.88 5/27/2014 1.10 10/15/2013 4.63 10/30/2014 0.63 12/18/2013 0.75 6/26/2013 1.50 3/6/2017 1.20 5/16/2016 2.18 6/5/2015 0.42 11/14/2016 1.05 11/14/2016 1.05 7/17/2017 0.50 12/27/2017 0.88 3/22/2017 1.00 3/13/2017 1.00 11/23/2016 0.50 11/10/2015 0.50 4/17/2017 1.50 11/29/2017 1.00 12/18/2017 0.75 12/27/2017 0.75 1.38 8/17/2012 2/13/2013 0.16 8/20/2012 3/22/2013 0.16 12/7/2012 5/10/2013 0.12 12/7/2012 5/1/2013 0.12 12/7/2012 5/1/2013 0.12 1/4/2013 6/3/2013 0.11 1/4/2013 6/3/2013 0.11 YTM Par Value Current Book Market Value 1.10 20,000,000.00 20,200,754.43 20,531,800.00 0.21 83,729,000.00 84,208,282.35 84,217,140.07 0.20 25,000,000.00 25,409,958.47 25,423,000.00 0.27 25,000,000.00 25,272,205.90 25,270,000.00 0.21 25,000,000.00 25,777,061.99 25,785,000.00 0.30 25,000,000.00 25,142,252.81 25,148,250.00 0.21 25,000,000.00 25,118,252.62 25,132,000.00 0.16 30,000,000.00 30,162,192.86 30,166,500.00 1.23 15,000,000.00 14,984,584.03 14,940,600.00 2.18 25,000,000.00 25,000,000.00 25,122,500.00 0.42 10, 000, 000.00 10, 000, 000.00 9, 997, 900.00 1.06 25,000,000.00 24,993,626.87 25,058,500.00 1.06 25,000,000.00 24,994,689.06 25,058,500.00 0.51 20, 000, 000.00 19, 990, 899.33 20, 036, 200.00 0.91 35,000,000.00 34,939,906.94 34,650,700.00 1.00 50,000,000.00 50,000,000.00 49,867,000.00 1.00 50,000,000.00 50,000,000.00 50,047,500.00 0.50 12,000,000.00 12,000,000.00 12,012,960.00 0.50 17, 900,000.00 17, 900, 000.00 17, 914, 857.00 1.35 45, 785, 000.00 45, 869,162.02 45, 537, 303.15 1.00 31,755,000.00 31,755,000.00 31,695,300.60 0.75 60,000,000.00 60,000,000.00 60,004,800.00 0.75 25,000,000.00 25,000,000.00 24,879,500.00 0.83 916,169,000.00 920,776,073.51 923,069,610.82 3,264,580.05 0.16 0.16 0.12 0.12 0.12 0.11 0.11 80,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 100, 000, 000.00 50,000,000.00 50,000,000.00 79, 995, 653.33 49, 989,111.11 49, 983, 666.66 49, 985,166.66 99, 970, 333.34 49, 981, 361.11 49, 981, 361.11 79, 934, 800.00 49,952,450.00 49, 974, 350.00 49, 975, 850.00 99, 951, 700.00 49,977,100.00 49, 977,100.00 Current Accr Int 58,055.56 468, 068.37 51,128.47 48,888.89 340,451.39 39,496.53 22,395.83 43,750.00 72, 500.00 113,541.67 6,533.33 56,145.83 56,145.83 3,888.89 28, 923.61 179,166.67 191, 666.67 11, 333.33 20,137.50 198,401.67 54,689.17 53, 750.00 17, 708.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Unrealized Ga irULoss 331, 045.57 8,857.72 13,041.53 -2,205.90 7,938.01 5,997.19 13,747.38 4,307.14 -43,984.03 122,500.00 -2,100.00 64,873.13 63, 810.94 45, 300.67 - 289,206.94 - 133,000.00 47,500.00 12,960.00 14,857.00 - 331,858.87 - 59,699.40 4,800.00 -120,500.00 2,293,537.31 -60,853.33 - 36,661.11 - 9,316.66 -9,316.66 - 18,633.34 - 4,261.11 -4,261.11 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 8 Investeent Inventory with Marker/alue Issuer Fed National Mortg Assoc Fed National Mortg Assoc FNMA Discount Notes Subtotal Purchase 0 1/15/2013 1/15/2013 Money Market Funds Black Rock Morgan Stanley Caltrust Money Market Funds Subtotal Negotiable CD Bank of Montreal Svenska Hndl NY Bank of Nova Scotia Canadian Imp BK Comm NY Union Bank of Califomia Toronto Domin Ny Toronto Domin Ny Bank of Montreal Toronto Domin Ny Union Bank of Califomia Toronto Domin Ny Union Bank of Switzerland BB&T Capital Markets Negotiable CD Subtotal 1/31/2013 1/31/2013 1/31/2013 Maturity Coupon YTM 7/1/2013 0.10 7/1/2013 0.10 0.12 2/1/2013 2/1/2013 2/1/2013 12/3/2012 2/1/2013 12/4/2012 2/4/2013 12/5/2012 2/4/2013 12/6/2012 2/4/2013 12/17/2012 2/15/2013 12/17/2012 2/19/2013 1/7/2013 2/7/2013 1/7/2013 2/6/2013 1/10/2013 2/28/2013 1/10/2013 4/30/2013 1/10/2013 3/28/2013 1/18/2013 4/17/2013 1/30/2013 4/12/2013 Par Value Current Book Market Value 0.10 50,000,000.00 49,979,166.67 49,976,800.00 0.10 50,000,000.00 49,979,166.67 49,976,800.00 0.12 530,000,000.00 529,844,986.66 529,696,950.00 0.01 0.01 0.05 0.05 0.30 0.30 0.11 0.11 0.21 0.21 0.20 0.20 0.18 0.18 0.15 0.15 0.13 0.13 0.19 0.19 0.17 0.17 0.17 0.17 0.16 0.15 0.19 0.19 0.17 0.16 0.18 0.18 0.12 0.12 0.17 0.17 Repurchase Agreements Wells Fargo Bank NA 1/31/2013 2/1/2013 0.02 Repurchase Agreements Subtotal 0.02 0.02 0.02 US Treasury Notes U.S. Treasury Securities 10/12/2010 1/31/2015 2.25 0.90 U.S. Treasury Securities 4/12/2011 11/30/2015 1.38 2.17 25,100,000.00 75,775,000.00 35,000,000.00 135,875,000.00 50,000,000.00 50,000,000.00 40,000,000.00 110,000,000.00 50,000,000.00 50,000,000.00 50,000,000.00 128, 330, 000.00 40,000,000.00 100, 000, 000.00 40,000,000.00 50,000,000.00 50, 000, 000.00 808,330,000.00 17,041,934.34 17,041,934.34 10,000,000.00 10,000,000.00 • Current Unrealized Aecr• G n o 0.00 -2,366.67 0.00 -2, 366.67 0.00-148,036.66 25,100,000.00 25,100,000.00 660.79 0.00 75,775,000.00 75,775,000.00 2,214.52 0.00 35, 000, 000.00 35,105,105.00 1,452.31 105,105.00 135,875,000.00 135,980,105.00 4,327.62 105,105.00 50, 000, 000.00 50, 000, 000.00 0.00 0.00 50,000,000.00 50,000,000.00 15,979.17 0.00 40, 000, 000.00 40, 000, 000.00 11, 600.00 0.00 110, 000, 000.00 110, 000, 000.00 26,125.00 0.00 50, 000, 000.00 50, 000, 000.00 8,305.55 0.00 50, 000, 000.00 50, 000, 000.00 12,138.89 0.00 50,000,000.00 50,000,000.00 5,902.77 0.00 128,330,000.00 128,330,000.00 15,150.07 0.00 40, 000, 299.94 40, 000, 280.00 3,911.11 -19.94 100,000,000.00 100,000,000.00 11,611.11 0.00 40,000,610.90 40,000,600.00 4,155.55 -10.90 50, 000, 000.00 50, 000, 000.00 3,500.00 0.00 50,000,000.00 50,000,000.00 333.33 0.00 808,330,910.84 808,330,880.00 118,712.55 -30.84 17,041,934.34 17,041,934.34 9.47 0.00 17,041,934.34 17,041,934.34 9.47 0.00 10, 262, 846.64 10, 393, 000.00 621.55 130,153.36 9,787,603.37 10,275,000.00 23,798.08 487,396.63 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 9 Investment Inventory with Market Value Issuer Purchase Maturity Coupon Date Date U.S. Treasury Securities 6/30/2008 4/30/2013 U.S. Treasury Securities 4/3/2009 3/31/2014 U.S. Treasury Securities 4/3/2009 12/31/2013 U.S. Treasury Securities 5/27/2009 8/31/2013 U.S. Treasury Securities 9/3/2009 8/31/2014 U.S. Treasury Securities 7/14/2010 6/30/2015 U.S. Treasury Securities 12/12/2011 11/30/2016 U.S. Treasury Securities 3/12/2012 2/28/2017 U.S. Treasury Securities 4/12/2012 6/30/2013 U.S. Treasury Securities 6/8/2012 5/15/2017 U.S. Treasury Securities 1/7/2013 12/31/2017 U.S. Treasury Securities 9/22/2011 8/31/2016 U.S. Treasury Securities 9/22/2011 2/29/2016 U.S. Treasury Securities 10/12/2012 7/31/2017 U.S. Treasury Notes Subtotal 3.13 1.75 1.50 3.13 2.38 1.88 0.88 0.88 3.38 4.50 0.75 1.00 2.13 0.50 2.13 YTM 3.29 1.74 1.63 1.99 2.26 1.90 0.87 0.90 0.25 0.73 0.81 0.86 0.71 0.66 1.40 25, 000, 000.00 15,000,000.00 10,000,000.00 10,000,000.00 20,000,000.00 15,000,000.00 12,000,000.00 15, 000, 000.00 25, 000, 000.00 15, 000, 000.00 15, 000, 000.00 10,000,000.00 10,000,000.00 15,000,000.00 232,000,000.00 Par Value Current Book Market Value Current Unrealized Accrint Gain/Loss 24,990,895.01 25,184,500.00 200,707.87 193,604.99 15,001,903.41 15,270,150.00 89,423.08 268,246.59 9,988,590.95 10,120,700.00 13,259.67 132,109.05 10, 062, 253.13 10,171,100.00 132, 941.99 108, 846.87 20,033,571.04 20,671,800.00 202,071.82 638,228.96 14,991,472.87 15,559,050.00 24,861.88 567,577.13 12,001,083.18 12,122,760.00 18,173.08 121,676.82 14,982,697.08 15,126,600.00 55,835.64 143,902.92 25,318,871.85 25,335,000.00 74,585.64 16,128.15 17,372,383.55 17,401,200.00 145,441.99 28,816.45 14,954,924.94 14,919,150.00 9,944.75 -35,774.94 10, 049, 781.86 10,160, 900.00 42, 541.44 111,118.14 10,428,659.01 10,517,200.00 90,400.55 88,540.99 14,895,784.69 14,823,000.00 207.18 -72,784.69 235,123, 322.58 238, 051,110.00 1,124, 816.21 2, 927, 787.42 Grand Total 0.67 0.46 5,966,412,934.34 5,980,182,297.03 5,992,976,865.21 9,045,998.20 12,794,568.18 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 10 Purch es/Sales/Maturities Deal 57 57 1106 1279 1281 1310 1319 1366 1383 1403 1411 1412 57 1106 1280 1343 1411 1412 1413 1414 57 1106 1413 1414 1415 1416 1417 1418 56 1106 1286 1490 1415 Instrument Money Market Funds Money Market Funds Repurchase Agreements Commercial Paper Commercial Paper Negotiable CD Commercial Paper Negotiable CD Negotiable CD Commercial Paper Commercial Paper Commercial Paper Money Market Funds Repurchase Agreements Commercial Paper Negotiable CD Commercial Paper Commercial Paper Commercial Paper Commercial Paper Money Market Funds Repurchase Agreements Commercial Paper Commercial Paper Commercial Paper FHLB FNMA DN FNMA DN Money Market Funds Repurchase Agreements Negotiable CD Negotiable CD Commercial Paper Issuer Morgan Stanley Morgan Stanley Wells Fargo Bank NA Toyota Motor Credit Corp. Union Bank of Califomia Union Bank of Califomia Bank of Nova Scotia Bank of Montreal Bank of Montreal Toyota Motor Credit Corp. Rabobank Nederland Deutsche Bank Securities Inc. Morgan Stanley Wells Fargo Bank NA Toyota Motor Credit Corp. Svenska Hndl NY Rabobank Nederland Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Rabobank Nederland Morgan Stanley Wells Fargo Bank NA Deutsche Bank Securities Inc. Rabobank Nederland Deutsche Bank Securities Inc. Federal Home Loan Bank Fed National Mortg Assoc Fed National Mortg Assoc Black Rock Wells Fargo Bank NA Toronto Domin Ny Bank of Montreal Deutsche Bank Securities Inc. Coupon Transaction Settlement Settlement -,. 0.01 Maturity 140,000,000.00 1/2/2013 0.01 Purchase (3,200,000.00) 1/2/2013 0.02 Purchase (2,322,784.48) 1/2/2013 0.18 Maturity 70,000,000.00 1/2/2013 0.12 Maturity 50,000,000.00 1/2/2013 0.13 Maturity 50,000,000.00 1/2/2013 0.13 Maturity 50,000,000.00 1/2/2013 0.20 Maturity 20,000,000.00 1/2/2013 0.15 Maturity 40,000,000.00 1/2/2013 0.11 Maturity 50,000,000.00 1/2/2013 0.15 Purchase (249,998,958.33) 1/2/2013 0.17 Purchase (99,999,527.78) 1/2/2013 0.01 Purchase (11,300,000.00) 1/3/2013 0.02 Maturity 9,242,227.97 1/3/2013 0.18 Maturity 30,000,000.00 1/3/2013 0.19 Maturity 50,000,000.00 1/3/2013 0.15 Maturity 250,000,000.00 1/3/2013 0.17 Maturity 100,000,000.00 1/3/2013 0.16 Purchase (249,998,888.89) 1/3/2013 0.15 Purchase (199,999,166.67) 1/3/2013 0.01 Purchase (6,800,000.00) 1/4/2013 0.02 Maturity 517,237.09 1/4/2013 0.16 Maturity 250,000,000.00 1/4/2013 0.15 Maturity 200,000,000.00 1/4/2013 0.16 Purchase (299,996,000.00) 1/4/2013 0.17 Purchase (47,885,503.24) 1/4/2013 0.11 Purchase (49,977,083.33) 1/4/2013 0.11 Purchase (49,977,083.33) 1/4/2013 0.01 Maturity 42,400,000.00 1/7/2013 0.02 Purchase (1,337,171.21) 1/7/2013 0.20 Maturity 50,000,000.00 1/7/2013 0.20 Maturity 128,330,000.00 1/7/2013 0.16 Maturity 300,000,000.00 1/7/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 11 Purchases/Sales/Maturities Deal Instrument Number Type 1419 Commercial Paper 1420 Negotiable CD 1421 Negotiable CD 1422 U.S. Treasury Notes 56 Money Market Funds 57 Money Market Funds 1106 Repurchase Agreements 1404 Commercial Paper 1419 Commercial Paper 1423 Commercial Paper 1424 Commercial Paper 1425 Negotiable CD 56 Money Market Funds 1106 Repurchase Agreements 1302 Commercial Paper 1493 Commercial Paper 1423 Commercial Paper 1424 Commercial Paper 1426 Commercial Paper 1427 Commercial Paper 1428 Commercial Paper 56 Money Market Funds 57 Money Market Funds 1106 Repurchase Agreements 1303 Commercial Paper 1426 Commercial Paper 1429 Negotiable CD 1430 Negotiable CD 1431 Commercial Paper 1432 Negotiable CD 57 Money Market Funds 1106 Repurchase Agreements 1431 Commercial Paper Issuer Deutsche Bank Securities Inc. Toronto Domin Ny Bank of Montreal U.S. Treasury Securities Black Rock Morgan Stanley Wells Fargo Bank NA Toyota Motor Credit Corp. Deutsche Bank Securities Inc. Rabobank Nederland Deutsche Bank Securities Inc. Bank of Montreal Black Rock Wells Fargo Bank NA Toronto Domin Ny Bank of Nova Scotia Rabobank Nederland Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Bank of Nova Scotia Bank of Nova Scotia Black Rock Morgan Stanley . Wells Fargo Bank NA Toronto Domin Ny Deutsche Bank Securities Inc. Toronto Domin Ny Union Bank of California Deutsche Bank Securities Inc. Toronto Domin Ny Morgan Stanley Wells Fargo Bank NA Deutsche Bank Securities Inc. Coupon Transaction Settlement Type Amount` 0.17 Purchase (299,998,583.33) 0.17 Purchase (50,000,000.00) 0.17 Purchase (128,330,000.00) 0.75 Purchase (14,956,472.21) 0.01 Maturity 45,000,000.00 0.01 Maturity 3,000,000.00 0.02 Purchase (2,423,226.79) 0.11 Maturity 30,000,000.00 0.17 Maturity 300,000,000.00 0.14 Purchase (249,999,027.78) 0.17 Purchase (24,999,881.94) 0.15 Purchase (125,000,000.00) 0.01 Maturity 35,500,000.00 0.02 Maturity 733,213.74 0.19 Maturity 50,000,000.00 0.15 Maturity 100,000,000.00 0.14 Maturity 250,000,000.00 0.17 Maturity 25,000,000.00 0.16 Purchase (299,998,666.67) 0.18 Purchase (69,972,350.00) 0.16 Purchase (69,984,444.44) 0.01 Maturity 45,000,000.00 0.01 Maturity 45,000,000.00 0.02 Maturity 369,477.79 0.19 Maturity 25,000,000.00 0.16 Maturity 300,000,000.00 0.16 Purchase (40,000,544.33) 0.19 Purchase (100,000,000.00) 0.16 Purchase (229,998,977.78) 0.17 Purchase (40,000,855.26) 0.01 Purchase (2,900,000.00) 0.02 Purchase (2,556,036.06) 0.16 Maturity 230,000,000.00 Settlement Date 1/7/2013 1/7/2013 1/7/2013 1/7/2013 1/8/2013 1/8/2013 1/8/2013 1/8/2013 1/8/2013 1/8/2013 1/8/2013 1/8/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/9/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/10/2013 1/11/2013 1/11/2013 1/11/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 12 P h es/Sales/Maturities DmmU Instrument � 1434 Commercial Paper 58 Money Market Funds 1100 Repurchase Agreements 1297 Negotiable CD 1434 Commercial Paper 1435 Commercial Paper 56 Money Market Funds 57 Money Market Funds 1100 Repurchase Agreements 1371 FHLK8C 1435 Commercial Paper 1436 Commercial Paper 1437 FN[NADN 1438 FNMA ON 56 Money Market Funds 57 Money Market Funds 101 FHL8 1106 Repurchase Agreements 1425 Negotiable CID 1430 Commercial Paper 1439 Commercial Paper 1440 FHLyNCCALL EUROPREK8 1441 Commercial Paper 835 FHLW«CCALLABLE PREyW 1106 Repurchase Agreements 1382 Negotiable CD 1439 Commercial Paper 1441 Commercial Paper 1442 Commercial Paper 1443 FHLW1CCALL EVROPREK8 50 Money Market Funds 1108 Repurchase Agreements 1320 Commercial Paper Deutsche Bank Securities Inc. Black Rock Wells Fargo Bank NA Toronto Domin Ny Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Black Rock Morgan Stanley Wells Fargo Bank NA Fed Home Loan yWortgCorp. Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Fed National MnhgAssoc Fed National K8nrtgAssoc Black Rock Morgan Stanley Federal Home Loan Bank VVe||o Fargo Bank NA Bank ofMontreal Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Fed Home Loan ModgCorp. RobobonkNododand Fed Home Loan K8odgCorp. VVe||s Fargo Bank NA Union Bank nYCalifornia Deutsche Bank Securities Inc. RobobonkNededond Deutsche Bank Securities Inc. Fed Home Loan K8ortgCorp. Black Rock Wells Fargo Bank NA Bank nfNovaScotia Coupon Transaction Settlement Settlement 0.16 Purchase 0.01 Maturity 0.02 Maturity 0.20 Maturity 0.16 Maturity 0.10 Purchase 0.01 Maturity 0.01 Maturity 0.02 Purchase 0.15 Maturity 0.15 Maturity 0.17 Purchase 0.10 Purchase 0.10 Purchase 0.01 Purchase 0.01 Purchase 1.50 Maturity 0.02 K8atuhh/ 0.15 Maturity 0.17 Maturity 0.10 Purchase 2.25 Purchase 0.14 Purchase 1.15 Call 0.02 Purchase 0.12 Maturity 0.16 K8atuhty 014 Maturity 0.18 Purchase 2.00 Purchase 0.01 Purchase 0.02 Maturity 0.16 Maturity (224.997.000.00) 2,700,000.00 5'103.345.74 50'000.000.00 225.000.000.00 (289.998.800.00) 27'500.000.00 30'000.000.00 (4.060.704.01) 30.381.000.00 270.000,000.00 (240.998`818.44) (49.976.005.50) (49.976.805.59) (26.300`000.00) (24,000,000.00) 20,000'000.00 4.248'534.78 125.000.000.00 250.000'000.00 (129'999,422.22) (8.750,481.25) (29,999.883.33) 50,000'000.00 (391,407.52) 50,000,000.00 130.000,000.00 30.000.000.00 (239.998.933.33) (11,000.498.50) (4.700'000.00) 1.087,900.73 25,000.000.00 1/11/2013 1/14/2O13 1/14/2O13 1/14/2O13 1/14/2013 1/14/2O13 1/15/2O13 V15/2O13 1/15/2O13 1/15/2O13 1/15/2O13 1/l5/2Ol3 1/15C2OlJ 1/15/2013 1/16/2013 V1O/2O13 1/10/2013 1/18/2O13 1/16/2O13 1/1S/2O13 1/16/2O13 1/1O/2O13 1/1G/2O13 1/17/2O13 1/17/2013 1/17/2O13 1/17/2O13 1/17/2O13 1/17/2O13 1/17/2O13 1/18/2013 1/18/2015 1/18/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 13 Purchases/Sales/Maturities Deal Instrument Number Type e.._.,... 1380 Negotiable CD 1442 Commercial Paper 1444 Commercial Paper 1445 Negotiable CD 1277 FDIC CD ACT-365 1460 CoII CD 30-360 1096 Coll CD ACT-365 1106 Repurchase Agreements 1263 Negotiable CD 1444 Commercial Paper 1446 Commercial Paper 1459 FDIC CD ACT-360 57 Money Market Funds 1106 Repurchase Agreements 1326 Commercial Paper 1446 Commercial Paper 1447 Commercial Paper 57 Money Market Funds 762 FHLMC CALL EURO PREM 1106 Repurchase Agreements 1447 Commercial Paper 1448 Commercial Paper 56 Money Market Funds 1106 Repurchase Agreements 1406 Commercial Paper 1448 Commercial Paper 1449 Commercial Paper 58 Money Market Funds 1469 Money Market Funds 56 Money Market Funds 1106 Repurchase Agreements 1449 Commercial Paper 1450 Commercial Paper Issuer Union Bank of California Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Union Bank of Switzerland Neighborhood Nati Bank Ca Bank and Trust Ca Bank and Trust Wells Fargo Bank NA BB&T Capital Markets Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Neighborhood Natl Bank Morgan Stanley Wells Fargo Bank NA Toronto Domin Ny Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Morgan Stanley Fed Home Loan Mortg Corp. Wells Fargo Bank NA Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Black Rock Wells Fargo Bank NA Toyota Motor Credit Corp. Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Caltrust Caltrust Black Rock Wells Fargo Bank NA Deutsche Bank Securities Inc. Deutsche Bank Securities Inc. Coupon 0.12 0.16 0.16 0.18 0.55 0.11 0.13 0.02 0.17 0.16 0.16 0.55 0.01 0.02 0.18 0.16 0.15 0.01 0.50 0.02 0.15 0.15 0.01 0.02 0.12 0.15 0.16 0.55 0.31 0.01 0.02 0.16 0.16 Transaction Type Maturity Maturity Purchase Purchase Maturity Purchase Maturity Purchase Maturity Maturity Purchase Purchase Purchase Maturity Maturity Maturity Purchase Purchase Call Purchase Maturity Purchase Purchase Maturity Maturity Maturity Purchase Maturity Purchase Maturity Maturity Maturity Purchase Settlement Amount 50,000,000.00 240, 000, 000.00 (199,996,444.44) (50,000,000.00) 98,000.00 (10,000,000.00) 10,000,000.00 (5,987,155.99) 50,000,000.00 200,000,000.00 (229,998,977.78) (98, 000.00) (4,200,000.00) 3,424,435.71 50, 000, 000.00 230,000,000.00 (279,998,833.33) (13,400,000.00) 21,000,000.00 (7,110,181.07) 280,000,000.00 (299, 998, 750.00) (8, 200, 000.00) 3,125, 706.79 25,000,000.00 300, 000, 000.00 (209,997,200.00) 35,000,000.00 (35,000,000.00) 3, 800, 000.00 5,180, 059.86 210,000,000.00 (209, 999, 066.67) Settlement Date 1/18/2013 1/18/2013 1/18/2013 1/18/2013 1/21/2013 1/21/2013 1/22/2013 1/22/2013 1/22/2013 1/22/2013 1/22/2013 1/22/2013 1/23/2013 1/23/2013 1/23/2013 1/23/2013 1/23/2013 1/24/2013 1/24/2013 1/24/2013 1/24/2013 1/24/2013 1/25/2013 1/25/2013 1/25/2013 1/25/2013 1/25/2013 1/27/2013 1/27/2013 1/28/2013 1/28/2013 1/28/2013 1/28/2013 14 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Purch es/Sales/Maturities Deal Instrument 56 Money Market Funds 57 Money Market Funds 569 FFCB DN 1106 Repurchase Agreements 1450 Commercial Paper 1451 Commercial Paper 57 Money Market Funds 1106 Repurchase Agreements 1405 Commercial Paper 1451 Commercial Paper 1452 Commercial Paper 1453 Negotiable CD 56 Money Market Funds 57 Money Market Funds 85 U.S. Treasury Notes 1106 Repurchase Agreements 1176 FHLMC DN 1179 FHLMC DN 1285 Negotiable CD 1325 Commercial Paper 1452 Commercial Paper 1454 Commercial Paper 1455 FHLMC CALL EURO PREM Grand Total Issuer Black Rock Morgan Stanley Federal Farm Credit Bank Wells Fargo Bank NA Deutsche Bank Securities Inc. Societe Generale N.A. Morgan Stanley Wells Fargo Bank NA Toyota Motor Credit Corp. Societe Generale N.A. Deutsche Bank Securities Inc. BB&T Capital Markets Black Rock Morgan Stanley U.S. Treasury Securities Wells Fargo Bank NA Fed Home Loan Mortg Corp. Fed Home Loan Mortg Corp. Svenska Hndl NY Toronto Domin Ny Deutsche Bank Securities Inc. Societe Generale N.A. Fed Home Loan Mortg Corp. Coupon 0.01 0.01 0.17 0.02 0.16 0.15 0.01 0.02 0.13 0.15 0.15 0.12 0.01 0.01 2.88 0.02 0.12 0.12 0.23 0.18 0.15 0.15 2.25 Transaction Purchase Purchase Maturity Maturity Maturity Purchase Purchase Purchase Maturity Maturity Purchase Purchase Maturity Maturity Maturity Purchase Maturity Maturity Maturity Maturity Maturity Purchase Purchase Settlement Settlement (25, 700, 000.00) (40, 000, 000.00) 50, 000, 000.00 20,720.46 210,000,000.00 (299,998,750.00) (6,200,000.00) (5,335,141.31) 50,000,000.00 300,000,000.00 (299,998,750.00) (50, 000, 000.00) 40,000,000.00 13,900,000.00 25,000,000.00 (9, 508, 820.49) 55,000,000.00 50,000,000.00 75,000,000.00 50,000,000.00 300,000,000.00 (174,999,270.83) (8, 638, 885.80) 792,880,917.78 1/29/2013 1/29/2013 1/29/2013 1/29/2013 1/29/2013 1/29/2013 1/30/2013 1/30/2013 1/30/2013 1/30/2013 1/30/2013 1/30/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 1/31/2013 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 15 Cash Flow Analysis Beginning Pool Book Balance MAIN CASH FLOW ITEMS INFLOWS: Reverse Repos Interest Income On Pool Taxes Collected School Deposits County Deposits Retirement Voluntaries Maturities/Sales Outside Pool OUTFLOWS: Schools County Retirement Voluntaries Tax Apportionment Reverse Repos Purchases/ Purchases Outside of Pool TOTAL PROJECTED/ACTUAL MONTH END POOL BALANCE LIQUIDITY PROJECTIONS INCREASE / DECREASE DUE TO INVESTMENT ACTIVITY Maturities Sales/Calls Investments Purchased Net Main Cash Flow (see above) PROJECTED/ACTUAL MONTH END LIQUIDITY San Diego Pooled Money Fund as of January 31, 2013 ($000) Note: The above is not meant to be a complete Cash Flow Statement. The data represents a subset of the main cash flow items and does not include accrued interest or other adjustment items. Jan-13 Feb-13 6,778,551 5,980,182 0 0 2,742 3,000 143,455 124,500 281,649 128,658 234,348 196,600 0 0 3,263 197,494 4,920 0 670,377 650,252 705,515 293,268 7,376 15,285 439,633 0 10,098 1,471,175 (800,798) 5,980,182 650,000 225,000 7,000 28,500 17,000 0 0 927,500 (277, 248) 5,702,934 863,580 0 0 Mar-13 Apr-13 May-13 Jun-13 Jul-13 5,702,934 5,535,568 6,280,286 5,252,216 5,033,983 O 0 3,375 2,575 547,000 1,155, 000 87,075 643,000 163,025 200,643 O 0 O 0 O 0 O 0 0 3,500 2,025 4,825 60,000 70,050 28,510 85,975 595,437 527,880 231,000 264,300 196,131 O 0 0 O 0 143,150 O 0 0 800,475 2,001,218 380,475 931,812 900,496 600,841 292,000 7,000 38,000 30,000 0 0 967,841 (167,366) 5,535,568 625,000 228,000 7,000 26,500 370,000 0 0 1,256,500 744,718 6,280,286 717,393 225,000 0 0 249,330 25,000 605,098 708,475 708,895 287,010 303,500 406,850 7,000 7,000 369,000 22,000 35,600 22,000 487,437 95,470 40,500 O 0 0 O 0 0 1,408,545 1,150, 045 1,547,245 (1,028,070) (218,233) (646,749) 5,252,216 5,033,983 4,387,234 0 863,580 (800,798) (277,248) 152,916 739,248 470,000 490,842 285,050 O 0 0 10,200 21,235 40,000 966,723 250,000 480,200 512,077 325,050 (167,366) 744,718 (1,028,070) (218,233) (646,749) 1,538,605 2,533,323 1,985,453 2,279,297 1,957,598 COUNTY 16 F SAN DIEGO TREASURER - TAX COLLECTOR Particlihnt Cash Balances 111 PARTICIPANT San Diego Pooled Money Fund as of January 31, 2013 ($000) FMV FMV FMV % of 11/30/12 12/31/12 01/31/13 Total :OUNTY :OUNTY - SPECIAL TRUST FUNDS ION -COUNTY INVESTMENT FUNDS ;CHOOLS - (K THRU 12) :OMMUNITY COLLEGES ;an Diego 3rossmont lira Costa 'alomar touthwestem $1,399,571 $1,525,288 $ 704,395 11.75% 1,106,261 1,446,146 1,533,792 25.59% 287,861 307,289 319,346 5.34% 2,015,014 2,389,041 2,292,270 38.25% 238,772 32,725 9,361 174,957 151,540 263,672 36,698 30,375 183,394 161,621 262,541 33,974 36,026 191,838 166,253 4.38% 0.57% 0.60% 3.20% 2.77% Total Community Colleges :DCERA :ANCAL IITDB IANDAG :ITI ES ;hula Vista >el Mar Encinitas •Iational City NDEPENDENT AGENCIES klpine FPD 3onita Sunnyside FPD 3orrego Springs FPD )eer Springs FPD rallbrook Public Utl 'ublic Agency Self Insurance Sys lulian-Cuyamaca FPD _ake Cuyamaca Rec & Park _akeside Fire _eucadia Water District _ower Sweetwater FPD PARTICIPANT FMV FMV FMV % of 11/30/12 12/31/12 01/31/13 Total Metropolitan Transit System Majestic Pines CSD Mission Res Consr North County Cemetery Dist North County Cemetry Perpetual North County Cemetery North County Dispatch North County Fire Otay Water District Inv Palomar Res Consr Pine Valley FPD 607,354 675,760 690,633 11.52% Pomerado Cem Perpetual Pomerado Cemetery Dist 439 4,125 3,960 Ramona Cemetery Dist 75,057 74,161 63,543 Ramona Cemetery Perpetual 697 701 5,767 Rancho Santa Fe FPD 124,663 101,859 117,391 San Diego Housing Commission San Diego Rural Fire San Dleguito Riker 38,930 39,169 39,045 San Marcos FPD 3,003 3,022 3,012 San Miguel FPD 2 2 2 San Ysidro Sanitation 4,983 5,013 4,997 Santa Fe Irrigation District 240 944 1,295 3,198 4,026 4,404 868 1,231 1,286 6,287 7,075 7,246 14 14 14 444 447 446 55 175 102 287 265 218 5,893 7,920 8,186 11,259 11,328 11,292 282 371 406 SDC Regional Airport Authority So County OPS Ctr Spring Valley/Casa de Oro Upper San Luis Rey Reserwir Vallecitos Water Dist Valley Center FPD Valley Cntr Cemetery Valley Ctr Cem Perpetual Valley Ctr Water District Vista FPD 6,199 30 390 1,297 1,579 882 3,005 2,246 22,030 7 296 6 1,253 559 336 6,739 10,316 56 58 1 2,668 13 3,984 87,250 0 1,061 233 5,035 3,277 160 218 10,874 2,571 20,136 30 401 1,305 1,598 1,055 2,695 2,838 22,165 0 361 3 1,373 599 338 9,478 10,380 342 -115 1 3,092 13 4,009 82,584 0 1,068 8 5,066 3,734 170 221 11,397 2,587 17,726 30 403 1,288 1,604 1,253 2,490 2,688 19,105 0 387 7 1,457 639 340 10,467 7,358 9 39 1 2,220 13 3,996 81,452 0 1,016 9 5,050 4,263 174 221 11,642 2,582 Total Independent Agencies 451,230 450,778 452,542 7.55% Pooled Money Fund Total $5,867,292 $6,794,301 $5,992,977 100.00% COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 17 Pooled Money Fund Participants Community Colleges 11.52% Schools 38.25% San Diego Pooled Money Fund as of January 31, 2013 County Funds 37.34% Voluntary Depositors 7.55% Non County Funds 5.34% IN County Funds ■ Non County Funds Voluntary Depositors in Schools va Community Colleges COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 18 Poolec/loney Fund - Asset Allo•tion San Diego Pooled Money Fund as of January 31, 2013 Money Market Funds 2.27% Federal Agency 71.65% Negotiable CD 13.52% Repurchase Agreements 0.28% �U.S,Treasury Notes 3.93% FDIC CDs 1.08% Commercial Paper 7.27% • FDIC CDs • Commercial Paper a Federal Agency • Money Market Funds CI Negotiable CD ■ Repurchase Agreements 0 U.S. Treasury Notes • COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 19 Pooled Money Fund Assets - Credit Quality A-1+ 37.26% 0.59% San Diego Pooled Money Fund as of January 31, 2013 A-1 12.24% AAA 2.78% AA+ 47.13% ■ AAA IN AA+ AA ■ A-1+ ■ A-1 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 20 Investeent Policy Compliance Sidards • Category Treasury Issues Standard No Limit; 5% per issue Comment Complies - 3.9% Agency Issues 5% per issue, 35% per issuer Complies - 71.6% Local Agency Obligations 5% per issue, 10% per issuer; 15% max.; SP-1/A or MIG1/A or F1/A minimum rating Complies Banker's Acceptances 2.5% per issue, 5% per issuer; 40% max.; A-1 or P-1 or F1 minimum rating Complies Commercial Paper 2.5% per issue>5 days; 5% per issue <5 days; 5% per issuer maximum; 40% max.; A-1 or P-1 or F1 minimum rating Complies - 7.3% Medium Term Notes 2.5% per issue, 5% per issuer; 30% max.; A-1/A or P-1/A or F1/ A minimum rating Complies Negotiable Certificates of Deposit 2.5% per issue, 5% per issuer; 30% max.; A-1/A or P-1/A or F1/ A minimum rating Complies - 13.5% Repurchase Agreements 1-year maximum maturity; 10% per issue>5 days; 15% per issue <5 days; 10% per issuer>6 days; 15% per issuer <6 days; 40% maximum Complies - 0.3% Reverse Repurchase Agreements 92-day maximum maturity; 5% per issue; 10% per issuer; 20% maximum combined with Securities Lending N/A Collateralized Certificates of Deposit 1-year maximum maturity; 10% max.; 110% collateral required Complies - 1.1% Covered Call Option/ Put Option 90-day maximum maturity;10% maximum N/A Money Market Mutual Funds 10% per fund; 15% maximum; AAAm, or Aaa-mf, or AAAmmf minimum rating Complies - 2.3% Investment Trust of California - Cal Trust 2.5% maximum Complies Pass -Through Securities Non -mortgaged backed; 2.5% per issue, 5% per issuer; 20% max.; A -rated issuer; A-1/AA or P-1/Aa or F1/AA minimum issue rating Complies Maximum maturity 5 years Complies Illiquidity Limitations 20% maximum for combined categories for Local Agency Obligations and Collateralized CDs Complies Maximum Issuer Exposure 10% per issuer combined (5%per any asset category, exclusive of Treasury, Agency, and Repurchase Agreements) Complies Maturity Policy - Portfolio Structure Minimum 25% 5 90 days; and minimum 50% 51 year; maximum effective duration for portfolio 1.5 years Complies Prohibited Securities Inverse floaters; Ranges notes, Interest -only strips from mortgaged backed securities; Zero interest accrual securities Complies Credit Rating Policy - monitoring ratings Overall credit rating of AAAf / S1, by Standard & Poors Complies Securities Lending 92-day maximum maturity; 5% per loan; 10% per counterparty; 20% maximum combined with Reverse Repurchase Agreements N/A COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 21 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Summary Total Deposit: Total Withdrawal: PYIIA Avernae Monthly Yields Account Number: 98-37-576 Tran Type Definitions 0.00 Beginning Balance: 0.00 Ending Balance: www.treas u rer. ca.povIp m is -laif May 08, 2013 March 2013 Statement 21,378,339.27 21,378,339.27 https://laifms.treasurer.ca.gov/RegularStatement.aspx 5/8/2013 LAIF Regular Monthly Statement Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Average Monthly Yields Account Number: 98-37-576 Tran Tyne Definitions www.treasu rer.ca.2ovin m ia, -laif March 13, 2013 February 2013 Statement Account Summary Total Deposit: 0.00 Beginning Balance: 21,378,339.27 Total Withdrawal: 0.00 Ending Balance: 21,378,339.27 httric•//laifmc trracurer ea unv/RronlarStatement.asnX 3/13/2013 Regular Monthly Statement rage Local Agency investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Averaee Monthly yields Account Number: 98-37-576 Tran Tyne Definitions www.treasurer.ca.Eov/pmia -Iaif March 13, 2013 January 2013 Statement Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 1/15/2013 1/14/2013 QRD 1384786 SYSTEM 18,711.51 Account Summary Total Deposit: 18,711.51 Beginning Balance: 21,359,627.76 Total Withdrawal: 0.00 Ending Balance: 21,378,339.27 httns://laifms.treasurer.ca.gov/RegularStatement.aspx 3/13/2013 AilIIRST TENNESSEE. FIRST TENNESSEE BAN( NATL ASSN CUSTODIAN FOR CITY OF NATIONAL CITY NATIONAL CITY CA ACCOUNT NO: 5600070 ASSET 3136FPAB3 SAFEKEEPING STATEMENT OF ASSETS PAR/SHARES ORIGINAL FACE SECURITY DESCRIPTION 500,000.000 FNMA 2.00% DTD 8/18/10 DUE 8/18/15 3136FPAB3 TOTAL ACCOUNT 500,000.000 PAGE : 1 DATE : 03/29/13 Neighborhood National Bank 1717 Sweetwater Road Suite B National City, CA 91950 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Date 03/29/13 Page 1 of 3 Subject: CDARS® Customer Statement Legal Account Title: CITY OF NATIONAL CITY Below is a summary of your certificate(s) of deposit, which we are holding for you as your custodian. These certificate(s) of deposit have been issued through CDARS by one or more FDIC -insured depository institutions. Should you have any questions, please contact us at 619-3934317 or send an email to dtopacio@mynnb.com. Summary of Accounts Reflecting Placements Through CDARS Account ID Effective Date Maturity Date Interest Rate Opening Balance Ending Balance 1015002596 03/07/13 03/06/14 0.65% TOTAL $0.00 $0.00 $2,000,000.00 $2,000,000.00 CDARS8 is a registered service mark of Promontory Intertinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION ACCOUNT OVERVIEW Account ID: 1015002596 Product Name: 52-WEEK PUBLIC FUND CD Interest Rate: 0.65% Account Balance: $2,000,000.00 The Annual Percentage Yield Earned is 0.65%. CD Issued by First Commonwealth Bank YTD Interest Paid: Int Earned Since Last Stmt: $108.43 03/07/13 $108.43 03/07/13 03/29/13 03/29/13 03/29/13 CD Issued by Gibraltar Private Bank & Trust Co. YTD Interest Paid: $108.43 Int Earned Since Last Stmt: $108.43 CD Issued by Independence Bank YTD Interest Paid: $23.16 Int Earned Since Last Stmt: $23.16 CD Issued by Morris Bank YTD Interest Paid: $108.43 Int Earned Since Last Stmt: $108.43 03/07/13 03/07/13 03/29/13 03/29/13 03/29/13 Date 03/29/13 Page 2 of 3 Effective Date: Maturity Date: YTD Interest Paid: Int Earned Since Last Stmt: OPENING BALANCE Deposit Interest Payment Interest Payout By Check ENDING BALANCE OPENING BALANCE Deposit Interest Payment Interest Payout By Check ENDING BALANCE 03/07/13 OPENING BALANCE 03/07/13 Deposit 03/29/13 Interest Payment 03/29/13 Interest Payout By Check 03/29/13 ENDING BALANCE 03/07/13 03/07/13 03/29/13 03/29/13 03/29/13 CD Issued by The Huntington National Bank YTD Interest Paid: Int Earned Since Last Stmt: $108.43 03/07/13 $108.43 03/07/13 03/29/13 03/29/13 03/29/13 CD Issued by The PrivateBank and Trust Company YTD Interest Paid: Int Earned Since Last Stmt: $108.43 03/07/13 $108.43 03/07/13 03/29/13 03/29/13 03/29/13 CD Issued by Urban Partnership Bank YTD Interest Paid: Int Earned Since Last Stmt: $108.43 $108.43 OPENING BALANCE Deposit Interest Payment Interest Payout By Check ENDING BALANCE OPENING BALANCE Deposit Interest Payment Interest Payout By Check ENDING BALANCE OPENING BALANCE Deposit Interest Payment Interest Payout By Check ENDING BALANCE 03/07/13 OPENING BALANCE 03/07/13 Deposit 03/29/13 Interest Payment 03/07/13 03/06/14 $890.60 $890.60 $0.00 243,500.00 108.43 - 108.43 $243,500.00 $0.00 243,500.00 108.43 - 108.43 $243,500.00 $0.00 52,000.00 23.16 -23.16 $52,000.00 $0.00 243,500.00 108.43 -108.43 $243,500.00 $0.00 243,500.00 108.43 -108.43 $243,500.00 $0.00 243,500.00 108.43 - 108.43 $243,500.00 $0.00 243, 500.00 108.43 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION CD Issued by Valley Green Bank YTD Interest Paid: $108.43 Int Earned Since Last Stmt: $108.43 CD Issued by Western Alliance Bank YTD Interest Paid: $108.43 Int Earned Since Last Stmt: $108.43 Thank you for your business. Date 03/29/13 Page 3 of 3 03/29/13 Interest Payout By Check 03/29/13 ENDING BALANCE 03/07/13 OPENING BALANCE 03/07/13 Deposit 03/29/13 Interest Payment 03/29/13 Interest Payout By Check 03/29/13 ENDING BALANCE 03/07/13 OPENING BALANCE 03/07/13 Deposit 03/29/13 Interest Payment 03/29/13 Interest Payout By Check 03/29/13 ENDING BALANCE -108.43 $243,500.00 $0.00 243,500.00 108.43 -108.43 $243,500.00 $0.00 243,500.00 108.43 -108.43 $243,500.00 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC, CONTAINS CONFIDENTIAL INFORMATION Neighborhood National Bank 1717 Sweetwater Road Suite B National City, CA 91950 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Date 02/28/13 Page 1 of 2 Subject: CDARS® Customer Statement Legal Account Title: CITY OF NATIONAL CITY Below is a summary of your certificate(s) of deposit, which we are holding for you as your custodian. These certificate(s) of deposit have been issued through CDARS by one or more FDIC —insured depository institutions. Should you have any questions, please contact us at 619-3934317 or send an email to dtopacio@mynnb.com. Summary of Accounts Reflecting Placements Through CDARS Account ID Effective Date Maturity Date Interest Rate Opening Balance Ending Balance 1013529791 03/08/12 03/07/13 0.8% $2,000,000.00 $2,000,000.00 TOTAL $2,000,000.00 $2,000,000.00 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION Account ID: Product Name: Interest Rate: Account Balance: ACCOUNT OVERVIEW 1013529791 52-WEEK PUBLIC FUND CD 0.8% $2,000,000.00 The Annual Percentage Yield Earned is 0.80%. CD Issued by Anchor D Bank YTD Interest Paid: $0.00 Interest Accrued: $308.61 Int Earned Since Last Stmt: $146.51 CD Issued by CapStar Bank YTD Interest Paid: $0.00 Interest Accrued: $308.61 Int Earned Since Last Stmt: $146.51 CD Issued by Central Bank of Lake of the Ozarks YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $252.83 $120.03 CD Issued by Flagstar Bank, FSB YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $308.61 $146.51 02/01/13 02/28/13 Date 02/28/13 Page 2 of 2 Effective Date: Maturity Date: YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE OPENING BALANCE ENDING BALANCE 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE CD Issued by MidSouth Bank, National Association YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $308.61 $146.51 CD Issued by Southwest National Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: CD Issued by Sovereign Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $308.61 $146.51 $0.00 $308.61 $146.51 CD Issued by TriState Capital Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: CD Issued by Valley Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: Thank you for your business. $0.00 $308.61 $146.51 $0.00 $174.82 $82.99 02/01/13 02/28/13 02/01/13 02/28/13 OPENING BALANCE ENDING BALANCE OPENING BALANCE ENDING BALANCE 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE 02/01/13 OPENING BALANCE 02/28/13 ENDING BALANCE 03/08/12 03/07/13 $0.00 $2,587.92 $1,228.59 $238,500.00 $238,500.00 $238, 500.00 $238, 500.00 $195,392.13 $195,392.13 $238,500.00 $238,500.00 $238,500.00 $238, 500.00 $238, 500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $135,107.87 $135,107.87 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION Neighborhood National Bank 1717 Sweetwater Road Suite B National City, CA 91950 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Date 01/31/13 Page 1 of 2 Subject: CDARS® Customer Statement Legal Account Title: CITY OF NATIONAL CITY Below is a summary of your cerlificate(s) of deposit, which we are holding for you as your custodian. These certificate(s) of deposit have been issued through CDARS by one or more FDIC -insured depository institutions. Should you have any questions, please contact us at 619-3934317 or send an email to dtopacio@mynnb.com. Summary of Accounts Reflecting Placements Through CDARS Account ID Effective Date Maturity Date Interest Rate Opening Balance Ending Balance 1013529791 03/08/12 03/07/13 0.8% $2,000,000.00 $2,000,000.00 TOTAL $2,000,000.00 $2,000,000.00 CDARS® is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION Account ID: Product Name: Interest Rate: Account Balance: ACCOUNT OVERVIEW 1013529791 52-WEEK PUBLIC FUND CD 0.8% $2,000,000.00 The Annual Percentage Yield Eamed is 0.80%. CD Issued by Anchor D Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: CD Issued by CapStar Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $162.10 $162.10 $0.00 $162.10 $162.10 Date 01/31/13 Page 2 of 2 Effective Date: Maturity Date: YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: 01/01/13 OPENING BALANCE 01/31/13 ENDING BALANCE 01/01/13 01/31/13 CD Issued by Central Bank of Lake of the Ozarks YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $132.80 $132.80 CD Issued by Flagstar Bank, FSB YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $162.10 $162.10 CD Issued by MidSouth Bank, Nationa YTD Interest Paid: $0.00 Interest Accrued: $162.10 Int Earned Since Last Stmt: $162.10 CD Issued by Southwest National Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: CD Issued by Sovereign Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: $0.00 $162.10 $162.10 $0.00 $162.10 $162.10 CD Issued by TriState Capital Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: CD Issued by Valley Bank YTD Interest Paid: Interest Accrued: Int Earned Since Last Stmt: Thank you for your business. $0.00 $162.10 $162.10 $0.00 $91.83 $91.83 01/01/13 01/31/13 OPENING BALANCE ENDING BALANCE OPENING BALANCE ENDING BALANCE 01/01/13 OPENING BALANCE 01/31/13 ENDING BALANCE I Association 01/01/13 01/31/13 01/01/13 01/31/13 OPENING BALANCE ENDING BALANCE OPENING BALANCE ENDING BALANCE 01/01/13 OPENING BALANCE 01/31/13 ENDING BALANCE 01/01/13 OPENING BALANCE 01/31/13 ENDING BALANCE 01/01/13 OPENING BALANCE 01/31/13 ENDING BALANCE 03/08/12 03/07/13 $0.00 $1,359.33 $1,359.33 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $195,392.13 $195,392.13 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $238,500.00 $135,107.87 $135,107.87 CDARSO is a registered service mark of Promontory Interfinancial Network, LLC. CONTAINS CONFIDENTIAL INFORMATION CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ""EETING DATE: June 4th, 2013 AGENDA ITEM NO.10 ITEM TITLE: Warrant Register #44 for the period of 04/24/13 through 04/30/13 in the amount of $1,625,995,85. (Finance) PREPARED BY: K. Apalategui PHONE: 1619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/24/13 through 04/30/13 DEPARTMENT: Finan APPROVED BY: � The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc Kaiser Foundation 307129 307137 64,322.46 162, 915.03 FINANCIAL STATEMENT: ACCOUNT NO. N/A1 Health Insurance R1192A May 2013 Insurance Active May 2013 APPROVED: u!✓444 APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,625,995.85 BOARD / COMMISSION RECOMMENDATION: N/P \TTACHMENTS: /arrant Register #44 PAYEE SAN DIEGO AREA CHAPTER OF IC BOARD OF EQUALIZATION SDG&E ACEDO, I ACEVEDO, D AFLAC ALLEN, R AMERICAN PLANNING ASSOCIATION ANDERSON, E AT&T/MCI BARAWED,C BEARD, P BECK, L BINDERTEK BISHOP, R BOEGLER, C BOYD, P "1 ,OR GENERAL CONTRACTING PF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CEB CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T DANESHFAR, Z DECKSIDE POOL SERVICE DESROCHERS, P DI CERCHIO, A DIXIELINE BUILDERS DREDGE, J DREW, R EDCO DISPOSAL EISER III, G FABINSKI, D FELLOWS, M FERGUSON ENTERPRISES INC FLEET SERVICES INC GELSKEY, K GIBBS JR, R GOODYEAR TIRE & RUBBER COMP 'SON, E �LTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HODGES, B HONEYWELL INTERNATIONAL INC WARRANT REGISTER #44 4/30/2013 DESCRIPTION BACKFLOW 101 SEMINAR / BUILDING SALES TAX LIABILITY / JAN - MAR 2013 TO PAY FOR GAS AND ELECTRIC UTILITIES RETIREE HEALTH BENEFITS MAY 2013 REFUND OF C&D FEES AFLAC ACC BDM36 MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MEMBERSHIP - M REEDER/M FELLOWS RETIREE HEALTH BENEFITS MAY 2013 SBC AT&T PHONE SERVICE FOR FY13 REIMBURSEMENT - CRISIS NEGOTIATIONS RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 OFFICE SUPPLIES RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 5624XXXX- 1 TRAINING BAG WITH STAND REFUND OF C&D FEES PERMIT#2012-2678 FIRE/LTD MAY 2013 MOP 45698 ELECTRICAL MATERIAL PD/LTD MAY 2013 CA LAW OF CONTRACTS 2013 UPDATE RETIREE HEALTH BENEFITS MAY 2013 BACKFLOW TESTING, RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 HYDROCHLORIC ACID, DRY CHLORINE RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 HOME PROGRAM ACQUISITION/REHABILITATION RETIREE HEALTH BENEFITS MAY 2013 REIMB - CA FIRE CODE OVERVIEW/TEST REIMB-PRINTING & MAILING NOTICES RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 REIMBURSEMENT-APA DUES MOP 45723 SEWER MATERIALS MOP 67804 AUTO PARTS RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 TIRES RETIREE HEALTH BENEFITS MAY 2013 HEALTH NETWORK 57135A MAY 2013 INS N5992A MAY 2013 HEALTH INS R1192A MAY2013 MAY 2013 57135J, N5992F RETIREE HEALTH BENEFITS MAY 2013 FLEX DUCT F15185475 1/3 CHK NO DATE AMOUNT 307083 4/29/13 70.00 307085 4/30/13 1,482.00 307086 4/30/13 175.79 307087 4/30/13 160.00 307088 4/30/13 1,975.00 307089 4/30/13 961.00 307090 4/30/13 125.00 307091 4/30/13 515.00 307092 4/30/13 110.00 307093 4/30/13 7,414.43 307094 4/30/13 103.44 307095 4/30/13 70.00 307096 4/30/13 140.00 307097 4/30/13 348.37 307096 4/30/13 110.00 307099 4/30/13 260.00 307100 4/30/13 145.00 307101 4/30/13 248.40 307102 4/30/13 13,708.45 307103 4/30/13 592.00 307104 4/30/13 743.32 307105 4/30/13 1,984.50 307106 4/30/13 146.11 307107 4/30/13 280.00 307108 4/30/13 2,460.00 307109 4/30/13 140.00 307110 4/30/13 250.00 307111 4/30/13 1,538.40 307112 4/30/13 110.00 307113 4/30/13 70.00 307114 4/30/13 38,791.58 307115 4/30/13 250.00 307116 4/30/13 118.49 307117 4/30/13 5,182.39 307118 4/30/13 250.00 307119 4/30/13 220.00 307120 4/30/13 235.00 307121 4/30/13 645.94 307122 4/30/13 222.81 307123 4/30/13 115.00 307124 4/30/13 120.00 307125 4/30/13 1,649.47 307126 4/30/13 135.00 307127 4/30/13 5,377.98 307128 4/30/13 525.07 307129 4/30/13 64,322.46 307130 4/30/13 1,528.85 307131 4/30/13 200.00 307132 4/30/13 687.14 PAYEE HYDRO SCAPE PRODUCTS INC JAMES, R JJJ ENTERPRISES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R L N CURTIS & SONS LANDA, A LASER SAVER INC LIMFUECO, M MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R METRO AUTO PARTS DISTRIBUTOR MEYERS/NAVE LAW CORP MONOLOLO, M MURRAY, J MYERS, B NAPA AUTO PARTS NATIONAL CITY POLICE NOSAL, W NOTEWARE, D OCHOA, I ORKIN PEST CONTROL PACIFIC AUTO REPAIR PAUU JR, P PEASE JR, D PERRY FORD PETERS, S PIERSON, D POST, R POTTER, C POWERSTRIDE BATTERY CO INC PRO BUILD RAY, S RELIANCE STANDARD ROARK, L ROE, V RON BAKER CHEVROLET RUIZ, R RUSS' BEE REMOVAL SAN DIEGO REGIONAL SCHROEDER CONSTRUCTION SDG&E SERVATIUS, J SEWARD, G WARRANT REGISTER #44 4/30/2013 DESCRIPTION MOP 45720 PIPES, VALVES & FITTINGS RETIREE HEALTH BENEFITS MAY 2013 ALARM MONITORING RETIREE HEALTH BENEFITS MAY 2013 INS ACTIVE MAY 2013 RET INS MAY 2013 GR 104220-03 INS HD HSA MAY2013 GR 104220-0005 RETIREE HEALTH BENEFITS MAY 2013 YVA3010 CAS. 6000# STD INLINE VLV RETIREE HEALTH BENEFITS MAY 2013 MOP 45725 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MOP 75943 AUTO PARTS PROFESSIONAL SVCS THRU 03/31/13 REIMBURSEMENT - EDUCATIONAL RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MOP 45735 AUTO PARTS ENOUGH IS ENOUGH AWARD LUNCHEON TABLE RETIREMENT SETTLEMENT MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 TERMITE TENTING KIMBALL REC CTR SMOG CERTIFICATION & REPAIRS RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MOP 45703 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS MAY 2013 REIMB PURCHASE TIRE RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MOP 67839 AUTO PARTS MOP 45707 SMALL TOOLS RETIREE HEALTH BENEFITS MAY 2013 VOLUNTARY LIFE INS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 RETIREE HEALTH BENEFITS MAY 2013 MOP 45751 AUTO PARTS RETIREE HEALTH BENEFITS MAY 2013 BEE REMOVAL SERVICES TUITION: ADV CHILD ABUSE -PHYSICAL COURSE REFUND OF C&D FEES PERMIT #2012-2862 FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS MAY 2013 REIMBURSEMENT - TACTICAL COMMANDER CHK NO DATE AMOUNT 307133 4/30/13 707.62 307134 4/30/13 140.00 307135 4/30/13 1,200.00 307136 4/30/13 50.00 307137 4/30/13 162,915.03 307138 4/30/13 11,633.43 307139 4/30/13 3,219.57 307140 4/30/13 300.00 307141 4/30/13 333.58 307142 4/30/13 155.00 307143 4/30/13 435.34 307144 4/30/13 160.00 307145 4/30/13 130.00 307146 4/30/13 100.00 307147 4/30/13 280.00 307148 4/30/13 105.00 307149 4/30/13 536.59 307150 4/30/13 1,41" 307151 4/30/13 5 307152 4/30/13 1 _ _ - _ _ 307153 4/30/13 140.00 307154 4/30/13 337.02 307155 4/30/13 250.00 307156 4/30/13 1,176.44 307157 4/30/13 120.00 307158 4/30/13 125.00 307159 4/30/13 4,032.00 307160 4/30/13 2,118.24 307161 4/30/13 340.00 307162 4/30/13 140.00 307163 4/30/13 1,278.93 307164 4/30/13 290.00 307165 4/30/13 145.26 307166 4/30/13 280.00 307167 4/30/13 150.00 307168 4/30/13 317.61 307169 4/30/13 4,344.79 307170 4/30/13 190.00 307171 4/30/13 2,708.19 307172 4/30/13 135.00 307173 4/30/13 120.00 307174 4/30/13 138.98 307175 4/30/13 3" 307176 4/30/13 7 307177 4/30/13 4'co.uv 307178 4/30/13 1,143,10 307179 4/30/13 22,305.84 307180 4/30/13 340.00 307181 4/30/13 99.80 PAYEE SHORT, C SMART SOURCE OF CA LLC STAPLES ADVANTAGE STRASEN, W T & T COMMUNITY PROPERTIES LLC THE COOLING STORE THE LINCOLN NATIONAL LIFE INS TOPECO PRODUCTS TRIVIZ, R U S BANK U S HEALTHWORKS UNITED ROTARY BRUSH URIAS, N V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VISION SERVICE PLAN (CA) W W GRAINGER .STFLEX INDUSTRIAL i LOW, D SECTION 8 HAPS PAYMENTS PAYROLL Pay period 9 Start Date 4/2/2013 WARRANT REGISTER #44 4/30/2013 DESCRIPTION RETIREE HEALTH BENEFITS MAY 2013 MOP# 63845 OFFICE SUPPLIES/PURCHASING MOP# 45704 OFFICE SUPPLY- FINANCE RETIREE HEALTH BENEFITS MAY 2013 HOME PROGRAM ACQUISITION/REHABILITATION OVEN FAN ASSEMBLY LIFE & AD&D, STD, LTD INS MAY 2013 MOP 63849 SHOP SUPPLIES RETIREE HEALTH BENEFITS MAY 2013 CREDIT CARD EXP - PD MEDICAL SERVICES MOP 62683 AUTO PARTS RETIREE HEALTH BENEFITS MAY 2013 NEW BADGES, BADGE REBANNER / POLICE MOP 46453 PLUMBING MATERIAL VISION SERVICE PLAN APRIL 2013 MOP 65179 SMALL TOOLS MOP 63850 AUTO PARTS RETIREE HEALTH BENEFITS MAY 2013 Start Date 4/24/2013 End Date 4/15/2013 End Date 4/30/2013 Check Date 4/24/2013 3/3 CHK NO DATE AMOUNT 307182 4/30/13 300.00 307183 4/30/13 109.02 307184 4/30/13 831.03 307185 4/30/13 135.00 307186 4/30/13 19,600.00 307187 4/30/13 524.14 307188 4/30/13 8,451.68 307189 4/30/13 22.73 307190 4/30/13 135.00 307191 4/30/13 65.23 307192 4/30/13 334.50 307193 4/30/13 265.78 307194 4/30/13 125.00 307195 4/30/13 500.00 307196 4/30/13 115.60 307197 4/30/13 133.35 307198 4/30/13 445.53 307199 4/30/13 67.42 307200 4/30/13 150.00 A/P Total 381,360.55 7,557.54 944,059.04 GRAND TOTAL $ 1,625,995.85 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERT , FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4a' OF JUNE, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4th, 2013 AGENDA ITEM NO.'1 ITEM TITLE: Warrant Register #45 for the period of 05/01/13 through 05/07/13 in the amount of $1,273,229.16. (Finance) PREPARED BY: K. Apalateguii DEPARTMENT: Fina PHONE: 019-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/01/13 through 05/07/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Koch Armstrong Public Emp Ret System 307242 127,876.04 Street Resurfacing and Concrete Improvement 307266 266,860.68 Retirement Insurance Period 4/16/13 — 4/29/13 FINANCIAL STATEMENT: APPROVED: 7 Finance ACCOUNT NO. APPROVED: MIS Nbe' ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,273,229.16 BOARD / COMMISSION RECOMMENDATION: N/AN ATTACHMENTS: Narrant Register #45 PAYEE ACE UNIFORMS & ACCESSORIES INC AIRGAS WEST ALL FRESH PRODUCTS ALL THE KINGS FLAGS ALLIED PRODUCTIONS ASSI SECURITY INC BOOT WORLD BRENCICK, M BROADWAY AUTO ELECTRIC CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CDWG CITY OF NATIONAL CITY CITY OF SAN MARCOS COUNTY OF SAN DIEGO COX COMMUNICATIONS CULLIGAN DATA TICKET INC ;KSIDE POOL SERVICE �L MARKETING CORP ..ELTA CARE USA DELTA DENTAL DEPARTMENT OF INDUSTRIAL DIXIELINE BUILDERS DO IT TENNIS DREW FORD ESSEX SOUND REINFORCEMENT EUROAMCO SAFETY, INC. FAIR -PLAY SCOREBOARDS FERGUSON ENTERPRISES INC FIRE ETC FIRE SERVICE SPECIE. & SUPPLY GLASSMAN PLANNING GOODYEAR TIRE & RUBBER COMP GOVCONNECTION, INC. HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KIMLEY HORN AND ASSOC INC KOCH ARMSTRONG GENERAL ENGR LASER SAVER INC LEAGUE OF CALIFORNIA CITIES ,GUE OF CALIFORNIA CITIES AGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES METRO AUTO PARTS DISTRIBUTOR MORALES, L NATIONAL CHILD ID PROGRAM WARRANT REGISTER # 45 5/7/2013 DESCRIPTION 6390-83-411 ALS LEVEL I W/MID BLACK ALS MOP 45714 WEARING APPAREL FOOD / NUTRITION CENTER PURCHASES FLAGS, ACCESSORIES VIDEO SVC INSTALL NEW CARD READERS / PD MOP 64096 WEARING APPAREL REIMBURSEMENT- ZONE VARIANCE ELECTRICAL PARTS MOP 45754 MATERIALS & SUPPLIES MOP 45698 ELECTRICAL MATERIAL KEN KEYFOLIO PRO 2 KB F/IPAD 1/2/3- PETTY CASH REPLENISHMENT -MAR 2013 REGISTRATION: TRAINING ENVIRONMENTAL COST REIMBURSEMENT COX COMMUNICATIONS DATA & VIDEO WATER SOFTENER / NUTRITION DATA TICKET APPEALS, ON-LINE ACCESS TO HYDROCHLORIC ACID, DRY CHLORINE, DELL VOSTRO 270 WORKSTATIONS AND PMI DENTAL INS - MAY 2013 DENTAL INS MAY 2013 CONVEYANCE FEES HOME REHAB PROGRAM / 2125 C AVE PRIVACY SCREENS 92" X 150' / PARKS MOP 49078 AUTO PARTS SOUND REINFORCEMENT MOUNT ISOLATION W/ RUBBER STUD 1- RECEIVER BOARD COMPLETE KIT MOP 45723 BUILDING MATERIAL MICRODASH PRE-EMPT STROBE LIGHT 158.033.068. HOLMATRO 4332 CROSSHEAD REFUND, PAID TWICE TIRES 4TH GEN IPAD W/ RETINA DISPLAY 64GB, HVAC MAINTENANCE MOP 45720 PIPE, VALVES, FITTINGS MOP 72449 R&M AUTO EQUIPMENT MOP 69277 PLANTING MATERIALS 4TH STREET WATER QUALITY TECHNICAL REPORT STREET RESURFACING AND CONCRETE IMPROVE MOP 45725 INK CARTRIDGE - CITY MGR 2013 LEAGUE OF CA CITIES CONFERENCE 2013 LEAGUE OF CA CITIES CONFERENCE 2013 LEAGUE OF CA CITIES CONFERENCE 2013 LEAGUE OF CA CITIES CONFERENCE 2013 LEAGUE OF CA CITIES CONFERENCE MOP 75943 AUTO PARTS REIMB: 125TH ANNIVERSARY QUILT CHILD ID KITS CHK NO DATE 307201 5/7/13 307202 5/7/13 307204 5/7/13 307205 5/7/13 307206 5/7/13 307207 5/7/13 307208 5/7/13 307209 5/7/13 307210 5/7/13 307211 5/7/13 307212 5/7/13 307213 5/7/13 307214 5/7/13 307215 5/7/13 307216 5/7/13 307217 5/7/13 307218 5/7/13 307219 5/7/13 307220 5/7/13 307221 5/7/13 307222 5/7/13 307223 5/7/13 307224 5/7/13 307225 5/7/13 307226 5/7/13 307227 5/7/13 307228 5/7/13 307229 5/7/13 307230 5/7/13 307231 5/7/13 307232 5/7/13 307233 5/7/13 307234 5/7/13 307235 5/7/13 307236 5/7/13 307237 5/7/13 307238 5/7/13 307239 5/7/13 307240 5/7/13 307241 5/7/13 307242 5/7/13 307243 5/7/13 307244 5/7/13 307245 5/7/13 307246 5/7/13 307247 5/7/13 307248 5/7/13 307249 5/7/13 307250 5/7/13 307251 5/7/13 1/2 AMOUNT 270.43 60.71 599.59 535.30 5,000.00 2,930.00 348,52 2,005.00 119.63 149.98 202.43 3,763.76 344.52 62.00 5,893.00 79.70 205.70 2,729.80 730.80 24,945.30 2,978.12 13,631.36 125.00 44,242.00 255.49 508.07 2,300.00 97.23 486.56 129.55 320.81 973.37 118.00 431.93 5,887.55 30,434.00 160.39 494.78 1,244.94 3,200.00 127,876.04 59.90 475.00 475.00 475.00 475.00 475.00 263.54 203.35 1,638.00 PAYEE NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY NEXTECH SYSTEMS, INC. ONE SOURCE DISTRIBUTORS O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES INC PARKHOUSE TIRE PE, R PERRY FORD POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RON BAKER CHEVROLET SAN DIEGO ASSESSOR RECORDER SAN DIEGO COUNTY RECORDER SAN DIEGO GAS & ELECTRIC SDCDA SDG&E SEAPORT MEAT COMPANY SIGCAL CORP SMART & FINAL SMART SOURCE OF CA LLC SO CAL CARPET & FLOOR COVERING SOUTH BAY COMMUNITY SERVICES SPARKLETTS STAPLES ADVANTAGE SYSCO SAN DIEGO THE LIGHTHOUSE INC THOMSON REUTERS BARCLAYS TODD PIPE & SUPPLY LLC TOPECO PRODUCTS U S BANK U S HEALTHWORKS UC REGENTS VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT W W GRAINGER WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 45 5/7/2013 DESCRIPTION MOP 72441 R&M AUTO EQUIPMENT MOP 66556 TRACK MEDAL NECK RIBBON MLK 150 Y REFURB LED W/GASKET MOP 67256 ELECTRICAL MATERIAL MOP 75877 AUTO PARTS SMOG CERTIFICATION & REPAIRS PACIFIC TELEMANAGEMENT SERVICE HDM SUPPLIES / NUTRITION 11 R22.5 H MIC XDN2 TIRES / PW REIMB: COUNTY RECORDER FEES R&M CITY VEHICLES POWER TO TEMPORARY AQUATIC CENTER MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 4/16/13 - 4/29/13 REFUND: DEPOSIT #1844, 2301 NC BLVD RECORDS OF TRUST / RECONVEYANCE MPR EXTRACT GAS & ELECTRIC SERVICE/USAGE FOR REGIONAL COMPUTER FORENSICS LAB STREET GAS & ELECTRIC FOOD / NUTRITION CENTER REFUND OF C&D FEES, PERMIT #69345 MOP 45756 MISC SUPPLIES - FIRE RETURN ADDRESS #10 WINDOW ENVELOPES FLOORING AT POLICE DEPT EXPENSE REIMB / JAN - MAR 2013 DRINKING WATER / NUTRITION MOP 45704 OFFICE SUPPLY - PD SUPPLIES / NUTRITION CENTER MOP 45726 AUTO PARTS ANNUAL RENEWAL OF OFFICIAL CA CODE PLUMBING MATERIALS MOP 63849 SHOP SUPPLIES CREDIT CARD EXP - FIRE MEDICAL SERVICES REGISTRATION: INTEGRATED PEST MGMNT MOP 46453 BUILDING MATERIAL MOP 68834 PAINT - NSD MOP 65179 ELECTRICAL MATERIAL JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP 45763 MISC SUPPLIES - MIS Start Date 5/1/2013 LIG CHK NO DATE AMOUNT 307252 5/7/13 116.80 307253 5/7/13 89.36 307254 5/7/13 24,996.29 307255 5f7/13 84.80 307256 5/7/13 1,083.07 307257 5/7/13 432.98 307258 5/7/13 228.00 307259 5/7/13 349.53 307260 5/7/13 2,207.71 307261 5f7/13 52.50 307262 5/7/13 986.69 307263 5/7/13 195.00 307264 5/7/13 805.99 307265 5/7/13 1,111.97 307266 5/7/13 266,860.68 307267 5/7/13 3,000.00 307268 5/7/13 380.00 307269 5/7/13 125.00 307270 5/7/13 107 307271 5/7/13 12,00 307272 5/7/13 1,21 307273 5/7113 1,269.26 307274 5/7/13 2,404.57 307275 5/7/13 301.80 307276 5/7/13 2,501.99 307277 5/7/13 4,289.37 307278 5/7/13 6,046.00 307279 5/7/13 13.95 307280 5/7/13 1,072.50 307281 5/7/13 4,250.08 307282 5/7/13 176.28 307283 5/7/13 150.00 307284 5/7/13 2,219.72 307285 5/7/13 195.77 307286 5/7/13 800.00 307287 5/7/13 55.00 307288 5/7/13 250.00 307289 5/7/13 377.61 307290 5/7/13 493.05 307291 5/7/13 2,376.44 307292 5/7/13 2,901.90 307293 5/7/13 309.20 307294 5/7/13 295.84 End Date 5/7/2013 GRAND TOTAL A/P Total 573,00 700,227.20 $ 1,273,229.16 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF JUNE, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 04, 2013 AGENDA ITEM NO. 12 ITEM TITLE: A Public Hearing to consider an increase in the rate for refuse collection services, including recycling and yardwaste, provided by EDCO Disposal Corporation. The proposed increase is $.83 per month for residential users and $5.48 for commercial users. The proposed increase is based on an increase in tipping fees charged by the County to dispose of National City's trash at the landfill, a decrease in revenue from recyclables sold, and an increase based on the San Diego Consumer Price Index of 2.71%. The proposed rate increase will have no financial impact on the Citv. PREPARED BY: Joe Smith DEPARTMENT: Public rksA PHONE: 336-4587 APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The proposed rate increase will be funded through trash service fees with no financial impact to the City ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold a Public Hearing for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Refuse and Trash Agreement EDCO letter County Wide Rate Comparison National City Rate Schedule Proposition 218 and Proposition 26 Analysis Notice of Public Hearing Staff Recommendation: Approve an Amendment to the Agreement for Collection of Rubbish and Trash between the City of National City and EDCO Disposal Corporation to increase the rates charged. Background On September 25, 1990, the City entered into the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered (Agreement).The Agreement has been amended several times. In 1993 and 1997, the Agreement was amended to extend the term of the Agreement. In 2003, 2005, and 2007, the Agreement was amended to increase the rates charged by EDCO. The Agreement has not been amended since 2007. Pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged. Changes in the rates charged by the owners/operators of sanitary landfill sites utilized by EDCO (tipping fees) are considered as "pass -through" costs. Once EDCO is notified of a proposed tipping fee change, EDCO can submit a letter request for rate change to the City. The annual "cost of living" changes will be based upon the CPI for San Diego and will be equal to the percentage change in the index with a cap of 6%. EDCO has submitted a request for a rate increase in compliance with Section 23 of the Agreement. Explanation The rates for trash service are based on various components; landfill and yardwaste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY-14 Rate Factors: Total proposed adjustment is $0.83 (5.01 %) per month to the standard residential rate and $5.48 (5.23%) per month to the standard commercial rate. There are four main components to the rate. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton has increased from $39.11 to $41.28. This increase of $2.17 per ton equates to a weighted average adjustment of $.27 to the standard residential rate and $1.86 to the standard commercial rate. We estimate the trash tonnage hauled in FY-14 to be similar to last year. Yardwaste The yardwaste disposal rate increased from $25.36 to $26.65 with the tonnage remaining similar to last year. This equates to a weighted average adjustment of $0.01 to the standard residential rate and $0.06 to the standard commercial rate. Recycling Recyclable revenue decreased from last year by $74,514, a figure that was also impacted by scavenging. This equates to an adjustment of $.18 to the standard residential rate and $1.23 to the standard commercial rate. Consumer Price Index (CPI) The most recently published one-year San Diego CPI index is 2.71%. This equates to a weighted average adjustment of $.28 to the standard residential rate and $1.69 to the standard commercial rate. We will again have EDCO contribute $150,000 to the City's Enterprise Fund. The Enterprise Fund is funded by money collected by EDCO for the City from the rate payers, pursuant to Section 16 of the Agreement titled "Franchise Fee". Section 16 provides for an increase in the Franchise Fee every year. An increase in the Franchise Fee of $.09 to the standard residential rate and $.64 to the standard commercial rate is included in the overall rate adjustment. The funds in the Enterprise Fund are used to pay for AB939 programs such as Household Hazardous Waste collection and the City's annual report required by CalRecycle. The fund also pays for hazardous waste disposal collected from the public right- of-way and a street sweeper operator. It should be noted that the single-family rate has not been increased since 2007 and, even with the proposed rate increase; National City will remain the lowest trash rate in the County. The history of the single-family rate in National City is as follows: FY-02, 03 FY-04, 05 FY-06, 07 FY-08, 09, 10, 11, 12, 13 Proposed FY-14 $14.83 $15.33 $15.99 $16.64 $17.47 Service Rate Current Monthly Rate Change MPronthly Rate Single Family Rate $16.64 $0.83 $17.47 Senior Rate $13.32 $0.67 $13.99 Silver Bag (ea) $ 2.28 $0.11 $ 2.39 In addition to general collection, hauling and disposal of the City's rubbish and trash, EDCO provides the following services at no cost to the City or the customer, pursuant to the Agreement: • Removal of garbage, rubbish and sweeping debris on City -owned properties. Section 11 of the Agreement, titled "Service to City", says "[EDCO] shall collect garbage and rubbish from City -owned properties, as frequently as is necessary to prevent the accumulation of rubbish or garbage on City -owned property, without charge to the City. Collection service includes removal of sweeping debris." • Biannual Cleanups. Section 12 of the Agreement, titled "Biannual Cleanup", and says [EDCO] agrees to provide two annual cleanup campaigns and to cooperate with City as to the date and manner of conducting said cleanup campaigns. • Collection of Bulky Items. Section 14 of the Agreement, titled "Collection of Bulky Items", says, "[EDCO] is required to establish a program for pickup, recycling as required and disposal of major household appliances (stove, refrigerator, washer, dryer, etc.), and major household furniture (couch, chair, table, mattress, etc.). Said program shall include a procedure for informing [EDCO's] customers of the existence of said program, and of the details of said program (e.g., pickup times)." Section 14 goes on to say "Costs for this program are considered a basic business cost to be included in overall rate establishment and without additional charge to the customer." A copy of the Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services, sent to all customers and property owners, is attached. A copy of the proposed Amendment to the Agreement is also attached. WASTE & RECYCLING SERVICES March 4, 2013 Joe H.A. Smith Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950 Dear Joe, EDCO has been pleased to serve as the waste collection and recycling service provider to the City of National City for many years. We look forward to continuing to provide the citizens and businesses with the highest -level of service in a safe and professional manner. The agreement between the City of National City and EDCO allows for periodic rate adjustments based on the local consumer price index and a pass through of changes in disposal fees. As you are aware our last adjustment was in July of 2007 and since that time several costs of providing our services have increased dramatically. The calculation of our proposed adjustments is determined through a detailed formula utilizing the following factors: • The Consumer Price Index (CPI) as published for the San Diego Region was 2.71% for the year 2011. We are deferring the 2012 CPI for future consideration. • As a member of the Regional Solid Waste Authority (RSWA) National City's refuse tipping fee has increased from the 2007 rate of $39.11 to the current 2013 rate of $41.28. The following pages give the schedule of proposed adjustments to the rate structure. Should you have any questions please contact me at (619) 287-5696 ext 4204. Sincerely, John Snyder Vice President "We'll Take Care of It" 6670 Federal Boulevard • Lemon Grove, California 91945 (619) 287-7555 • Fax: (619) 287-5242 • www.edcodisposatcom • Printed on Recycled Paper Residential Rates Adjustment National City Rate Adjustment - July 1, 2013. Gross Rate Revenue & Franchise Fees Annual Amount Gross Residential Rate Revenue - 2012 Less Residential Franchise Fees @ 9 % Less Enterprise Fund (res portion) Residential Rate Revenue Net of Franchise and Enterprise Fund 1,511,339 ($136,021) ($45,413) 1,329,906 Revenue Components (net of Franchise Fees Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees $1,329,906 100.00% Less: Actual Residential refuse Disposal Expense -$441,832 -33.22% Less: Actual Yard Waste Disposal (res portion) -$17,752 -1.33% Add: Recycling Revenue (residential portion) $70,050 4.63% Residential Service Revenue $940,372 70.08% change in ad ustrnent factors • Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 39.11 $ 41.28 $ 2.17 5.55% YW Tipping Fee per Ton $ . 25.36 $ 26.65 $ 1.29 5.07% Recycling Revenue Increase / (Decrease) $94,640 $70,050 $ (24,590) -25.98% CPI- San Diego Index CUUSA424SA0 246.7 253.4 6.68 2.71% rs Revenue Components Component Weight Rate Component Percent Change Weigh Rate Adjustment Refuse Disposal 3322% 5.55% 1.84% Yard Waste Disposal 1.33% 5.07% 0.07% Recycling Revenue (Increase)/Decrease -4.63% -25.98% 120% Service 70.08% 2.71% 1.90% Totals 100.00% 5.01% Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate Residential Single Family Rate $16.64 5.01% $0.83 $17.47 Senior Rate $13.32 5.01% $0.67 $13.99 Silver Bag $2.28 5.01% $0.11 $2.39 Multi family recycling per Unit $0.94 5.01% $0.05 $0.99 Updated Allocation of current rate Change Proposed New Allocation Service $10.26 $028 $10.54 Landfill $4.86 $027 $5.13 Enterprise Fund $0.50 $0.03 $0.53 Curbside Recycling ($0.68) $0.18 ($0.50) Yard Waste collection $020 $0.01 $0.21 Franchise Fee (9%) $1.50 $0.07 $1.57 Total Rate $16.64 $0.83 $17.47 Commercial Rates Adjustment National City Rate Adjustment - July 1, 2013 Gross Rate Revenue & Franchise Fees Annual Amount Gross Commercial Rate Revenue - 2012 $ 3,159,183 Less Gross Franchise Fees ft 9 % ($284,326) Less Enterprise Fund (comm portion) ($91,081) Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund $ 2,783,775 Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Commercial Rate Revenue Net of Franchise Fees $2,783,775 100.00% Less: Actual Commercial Refuse Disposal Expense -$1,008,659 -36.23% Less: Actual Yard Waste Disposal(comm portion) -$36,043 -1.29% Add: Recycling Revenue (comm portion) $142,223 5.11% Commercial Service Revenue $1,881,297 67.58% In adjustment factors Adjustment Factor - Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 39.11 $ 41.28 $ 2.17 5.55% YW Tipping Fee per Ton $ 25.36 $ 26.65 $ 1.29 5.09% Recycling Revenue Increase / (Decrease) $ 192,147 $ 142,223 $ (49,924) -25.98% CPI -San Diego indexCUUSA424SA0 246.7 253.4 2.71% 2.71% hange in adjustment factors Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 36.23% 5.55% 2.01% Yard Waste Disposal 1.29% 5.09% 0.07% Recycling Revenue (Increase)/Decrease -5.11% -25.98% 1.33% Service 67.58% 2.71% 1.83% Totals 100.00% 5.23% nge to Commercial Rates Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate 3 Cu Yard x 1 week $104.75 5.23% $5.48 $11023 Updated Allocation of current rate Change Proposed New Allocation Service $62.38 $1.69 $64.07 Landfill $33.44 $1.86 $35.30 Enterprise Fund $3.02 $0.16 $3.18 Curbside Recycling ($4.72) $123 ($3.49) Yard Waste collection $1.20 $0.06 $126 Franchise Fee (9%) $9.43 $0.49 $9.92 Total Rate $104.75 $5.48 $110.23 City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on June 4, 2013, at 6:00 PM, in the Council Chamber of the Civic Center at 1234 National City Blvd., National City, California, 91950 for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0.27 to the rate for refuse, based on an increase in the tipping fee of $2.17 per ton; adding $0.01 to the rate for yardwaste, based on an increase in the tipping fee of $1.29 per ton; adding $0.18 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.28 based on the San Diego Consumer Price Index (CPI) of 2.71%. The amount of the increase to the commercial rates was calculated by adding $1.86 to the rate for refuse, $0.06 to the rate for yardwaste, $1.23 to the rate for recycling, and $1.69 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.09 for residential and $.64 for commercial rates is also included in the overall adjustment The increase of $0.83 cents per month for residential users and $5.48 per month for commercial users would be effective for basic service subscribers. The proposed increase in rates for refuse services would to take effect on July 1, 2013. Additional information pertaining to this matter may be obtained from the Public Works Department, 2100 Hoover Avenue, National City, California, 91950. Current Monthly Rate (eff 7/1/07) Proposed Monthly Rate (7/1/13) Residential Service Rates Base Rate Senior Discount Rate Silver Bag Rate $16.64 $13.32 $2.28 per bag $17.47 $13.99 $2.39 per bag RESOLUTION NO. 2007 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REFUSE (TRASH) SERVICE RATE INCREASE FOR EDCO DISPOSAL CORPORATION WHEREAS, the last refuse (trash) service rate change for EDCO Disposal Corporation, the City's contract refuse hauler, was on June 21, 2005; and WHEREAS, the rate that the City must pay for refuse disposal is based upon landfill and yardwaste tonnage, recyclables sold, and the Consumer Price Index; and WHEREAS, the rate for refuse disposal that the City must pay is estimated to increase from $35.54 per ton to $39.11 per ton, effective July 1, 2007; and WHEREAS, the increase in the rate for refuse disposal requires an increase in charges to the City's rate payers, in order to adequately fund the City's program for refuse disposal; and WHEREAS, the City Council held a noticed public hearing on June 5, 2007, at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, for the purpose of considering an increase in rates for refuse services. At said public .hearing the City Council considered any objections and protests to the proposed rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse (trash)service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2007. PASSED and ADOPTED this 5th day of June, 2 on Morrison, Mayor ATTEST: I'0 � Mictf�ael R. Della, ity Clerk APPROVED AS TO FORM: George H. iser, III City Attorney NATIONAL CITY RATE SCHEDULE July 1, 2007 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $15.99 $16.64 For the second and for each additional residential unit In multiple dwellings which do not exceed four units $12.61 $13.12 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month S11.06 $11.51 3. APARTMENT HOUSES One time per week, per unit, per month $11.23 $11.69 4. SENIOR CITIZEN RESIDENTIAL Per month $12.79 $13.31 6. SILVER BAG SERVICE Per month $2.19 $2.28 6. COMMERCIAL AND INDUSTRIAL ESTABUSHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month $18.72 $19.82 Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month $34.83 $36.87 Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $44.77 $47.39 EXHIBIT "A" Page 1 RUBBISH AND GARBAGE Up 10 (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 2 3 4 5 6 7 1 2 3 4 5 6 1 2 3 4 5 6 7 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 13 26 39 52 .65 78 91 26 52 78 104 130 156 182 39 78 117 156 195 234 273 $55.34 $72.28 $18.72 CURRENT MONTHLY RATE $98.95 $167.03 $235.12 $305.21 $37529 $445.38 $515.47 $169.04 $303.21 $437.37 $569.53 $701.70 $833.86 $966.02 $239.12 $435.37 $631.61 $825.85 $1,020.09 $1,214.33 $1,408,57 $58.58 $76.52 $19.82 PROPOSED MONTHLY RATE $104.75 $176.82 $248.90 $323.10 $397.29 $471.49 $545.68 $178.95 $320.98 $463.01 $602.91 $742.83 $882.74 $1,022.64 $253.14 $460.89 $668.63 $874.26 $1,079.88 $1,285.51 $1,491.13 EXHIBIT"A" Page 2 NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT ' PROPOSED MONTHLY MONTHLY BOX TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 4 52 $309.21 $327.33 2 4 104 $667.53 $600.60 3 4 156 $825.85 $874.26 4 4 206 S1.082.16 S1.145.59 5 4 280 S7,338.48 $1,416.94 6 4 312 S1.594.80 $1,688.28 7 4 364 $1,851.11 $1,959.81 1 5 65 $379.30 5401.53 2 5 130 5699.70 $740.71 3 5 195 $1,020.09 $1,079.86 4 5 260 S1.330.47 $1,408.46 5 5 325 $1.640.85 $1,737.03 6 5 390 $1.95123 $2,065.60 7 5 455 $2,261.63 $2.394.20 1 6 78 $449.38 ;475.72 2 6 156 $831.85 $680.62 3 6 234 $1,214.33 51,285.51 4 6 312 $1,584.78 $1,677.68 5 6 390 ;1,955.25 $2,089.66 6 6 468 $2.326.70 52,462.02 7 6 546 $2,696.16 $2,854.20 EXHIBIT "A" Page 3 National City Rate History Residential Commercial 07/01/94 $ 16.30 $ 98.83 07/01/95 $ 14.85 $ 90.07 07/01/96 $ 14.36 $ 87.04 1 -3.3%. -3.4% 07/01/97 $ 13.95 $ 84.54 2 -2.9% -2.9% 07/01/98 $ 13.95 $ 84.54 3. 0.0% 0.0% 07/01/99 $ 13.95 $ 84.54 4 0.0% 0.0% 07/01/00 $ 13.95 $ 84.54 5 0.0% 0.0% 07/01/01 $ 14.83 $ 89.67 6 6.3% 6.1% 07/01/02 $ 14.83 $ 89.67 7 0.0% 0.0% 07/01/03 $ 15.33 $ 92.78 .3.4% 3.5% 07/01 /04 $ 15.33 $ 92.78 9 0.0% 0.0% 07/01/05 $ 15.99 $ 98.95 10 4.3% 6.7%. X . 07/01/06 $ 15.99 $ 98.95 10 0.0% 0.0% K 07/01/07 $ 16.64 $ 104.75 11 4.1% 5.9% 00 H -0 -1 n, m Passed and adopted by the Council of the City of National City, California, on June 5, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-116 of the City of National City, California, passed and adopted by the Council of said City on June 5, 2007. City Clerk of the City of National City, California By: Deputy AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 16th day of September 1997, by and between the City ofNational City, hereinafter referred to as "CITY", and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR". RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City ofNational City by and between the City of National City and Edco Disposal Corporation for Services Rendered". B. Said agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86. C. Said agreement was amended on November 9, 1993 pursuant to Resolution No. 93-176. D. CITY and CONTRACTOR now desire to amend Section I of said agreement, concerning the term of the agreement. NOW, THEREFORE, the parties hereto mutually agree to amend Section I of the Agreement for Collection of Rubbish and Trash in the City ofNational City by and between the City ofNational City and Edco Disposal Corporation for Services Rendered, as follows: TERM. The term of this Agreement shall be amended to commence October 1, 1997 and expire June 30, 2003, provided however, that commencing July 1, 1998 and every year thereafter, automatic one year extensions shall be applied to said Agreement so that the term of the Agreement shall remain between five (5) and six (6) years. Should either party desire that said automatic one year renewal and extension provision be terminated, such party may give the other written notice of such terminationnotless than thirty (30) days prior to July 1 of any year of the Agreement. Such notice will terminate the automatic one year renewal and extension provision, and the Agreement shall remain in effect for the balance of the term then outstanding. This amendment is to remain in force so long as the Company is owned by Ed Burr. If the Company is sold, the contract will revert to a fixed term contract with the fixed term being from the date of sale to the next anniversary date (1 July) plus one year. Except as otherwise provided herein, all of the provisions of the ofRubbish and Trash in the City ofNational City by and between theAgreement al Collection Edco Disposal Corporation for Services City of 1990, and as City and on June 22, 1993, and on November 9 1993, Rendered, all dated September force and25, effe and as amended remain in full effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George Eiser, M City Attorney George eWaters, Mayor EDCO DISPOSAL CORPORATION By: By: City of National City, Caltla»ia COUNCIL AGENDA STATEMENT MEETING DATE June 21,2005 28 AGENDA ITEM NO. I ITEM TITLE A Resolution to Approve a Rate Increase for Edco Disposal Corporation PREPARED ET Jeff Servatius EYPLANATION DEPARTMENT Public Works EXT.45�._ See Attached Report F.Ilviroomental Review WA MIS Approval Crumpets! Stelemept ) The proposed rate increase will fall on all recipients of the trash seA nnoe. proved sr a [armor A Franchise Fee of 9% will be paid to the City. Acoount No. ;TAPE RECOMMENDATIDN Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION NIA Fil/,-A C S0-1-6 ATTACHMENt$ ( Listed Below 1 Resolution No 1. Resolution �LvpS- 2. EDCO letter of May 11, 2005 �rp / 3 if A•200 (RIM 7I03) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RATE CHANGE FOR EDCO DISPOSAL. CORPORATION WHEREAS. the last refuse service rate change for Edoo Disposal Corporation, the City's contract refuse hauler, was in July 2003; and WHEREAS, the rate for waste disposal is estimated to increase from $34.60 per ton to $35.54 per ton, effective July 1,_2005; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse service rate schedule, a copy of which is attached hereto as Exhibit `A' and incorporated herein by reference, is hereby approved, effective July 1, 2005. PASSED and ADOPTED this 21'` day of June, 2005. Nick Inzunza, Mayor ATTEST: Michael Delia, City Clerk APPROVED AS TO FORM: George H. Elser, Itt City Attorney Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA Mayor of the City of National City, California �7�rA� City C rk of the City National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-134 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2005. By: City Clerk of the City of National City, California Deputy AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 20th day of May, 2003, by and between the City of National City, hereinafter referred to as "CITY," and EDCO Disposal Corporation, hereinafter referred to as "CONTRACTOR". RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered." B. Said Agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86, and on November 9, 1993 pursuant to Resolution No. 93-176, on June 21, 1994 pursuant to Resolution No. 94-88, on September 18, 1997 pursuant to Resolution No. 97-119, and on June 12, 2001, pursuant to Resolution No. 2001-88. C. CITY and CONTRACTOR now desire to amend the provisions of said Agreement pertaining to the rates charged by CONTRACTOR, due to an increase in the tipping fee, and to reflect an increase in the Consumer Price Index for San Diego. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. That the National City Rate Schedule shall be as shown on Exhibit "A", attached hereto and incorporated herein by reference, beginning July 1, 2003. 2. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered, dated September 25, 1990, and as subsequently amended, shall remain in full force and effect. Amendment to Agreement- EDCO Collection of Rubbish and Trash May 20, 2003 Page 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: air George H. Eiser, III City Attorney CITY OF NATIONAL CITY Nick Inzunza, T' yor EDCO DISPOSAL CORPORATION Two SAgnawres Required) By%LG1 Title: _S13-7-kfr( By: Title: (/1� AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 9th day of November, 1993, by and between the City of National City, hereinafter referred to as "CITY," and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR." RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered." B. Said agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86. C. CITY and CONTRACTOR now desire to amend Section 1 of said agreement, concerning the term of the agreement. NOW, THEREFORE, the parties hereto mutually agree to amend Section 1 of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, as follows: TERM. The term of this agreement shall commence November 10, 1993 and end on June 30, 1999. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between . the City of National City and Edco Disposal Corporation for Services Rendered, dated September 25, 1990, and as amended on June 22, 1993, shall remain in full force and effect. 1 • • IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney eorge H. jters, Mayor EDCO DISPOSAL CORPORATION B / , jL2 ���//L Yam'���G By: 2 AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN TIEIE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 22nd day of June, 1993, by and between the City of National City, hereinafter referred to as "CITY," and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR." RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an. agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered." B. CITY and CONTRACTOR now desire to amend various provisions of said agreement. NOW, THEREFORE, the parties: hereto mutually agree to amend the following provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, as follows: 1. Section 2.D., entitled "Definitions" 'Recyclable Material'" is hereby amended to read as follows: D. "RECYCLABLE MATERIAL" means "Designated Recyclable Materials" as defined in Section 9.52.010 of the National City Municipal Code. 2. Section 7 is amended to read as follows: DUMP SITE: Contractor shall use disposal sites designated by CITY. In this regard, Contractor shall pay whatever reasonable use fees are charged for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. In any event, Contractor will not burn any combustible substances within the City of National City. All disposal activities of Contractor shall be conducted in such a way as to. enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. 1 3. That the National City Rate Schedule shall be as shown on Exhibit "A," attached hereto and incorporated herein by reference, beginning July 1, 1993. 4. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, dated September 25, 1990, shall remain .in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney r.J --- George H. aters, Mayor EDCO DISP9S L CORPORATION eG -Z- &-(/(AIL By: AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY BY AND BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION FOR SERVICES RENDERED THIS AGREEMENT is entered into this 25th day of September 1990, by and between the City of National City, hereinafter referred to as "City" and EDCO Disposal Corporation, hereinafter referred to as "Contractor." RECITAL The parties desire to enter into this agreement to provide for the exclusive right and duty of EDCO to collect, transport, recyclable family, recycle and dispose of garbage, rubbish and material from single-family residential, multi - commercial, industrial and from City -occupied facilities in accordance with this agreement, the ordinances of the City of National City, the regulations established by the County of San Diego and all applicable State and Federal Laws. Roll -off containers for construction debris and for recycling are not included in this exclusive right. SECTION 1. TERM: The term of this agreement shall be from the date first written above and shall expire November 17, 1994. SECTION 2. DEFINITIONS: A. "GARBAGE" is all refuse and waste, fruit, vegetable and animal matter, prepared and intended for human consumption, and not so used. 1 B. "RUBBISH" is refuse and waste material, whether com- bustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, glass, ashes and yard waste (leaves, grass, tree and vine trimmings). It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material relating to building operations, construction or repair. It further does not include hazardous or toxic materials nor dead animals. C. "RECYCLE" or "RECYCLING" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include "transformation." D. "RECYCLABLE MATERIAL" is material that is subject to the process of recycling, and includes such items as newspaper, glass, ferrous and non ferrous metals, PET and other plastics, cardboard, mixed paper, waste paper, yard waste and other material mutually agreed upon. SECTION 3. CONTRACTOR'S OBLIGATION TO COLLECT AND RECYCLE GARBAGE AND RUBBISH: Contractor will collect and remove all combustible and noncombustible rubbish and garbage from the curbs, sidewalks or alleys within the city 2 limits of National City, as far as said garbage and rubbish is placed properly for pickup; and Contractor will provide all materials, supplies, equipment, and personnel necessary to collect said rubbish and garbage pursuant to the terms of this agreement. A .pilot curbside recycling program shall be established in October 1990. In April, May and June of 1991, the results of the pilot program will be reviewed by Contractor and by City. If agreement can be reached on the scope and price of the service, a full citywide curbside recycling program will be established in July 1991 with the costs thereof to be coordinated with the October 1991 scheduled rate review. If agreement cannot be reached, the City will advertise for bids to accomplish curbside recycling. Contractor shall collect and handle all appropriate materials included within the term "Recyclable Material" defined in Section 2, and as mandated by existing or future City, County, State or Federal legislation or requirements. Original and replacement containers for the household accumulation of recyclable material shall be provided by Contractor without charge and shall remain the property of Contractor. SECTION 4. RATES FOR CONTRACTOR'S SERVICES: Contractor shall charge no more than the maximum rate set forth in the Rate Schedule, which is exhibit "A" hereto and by this reference incorporated herein as though fully set forth here- 3 inafter. Contractor may charge less than the rates in the Rate Schedule, but not more. Any rate charged to a classifi- cation of user shall be charged uniformly to all users in that classification. In view of the unknown elements of retrieval costs of recycling, the unpredictable changes in landfill tipping fees, avoided tipping fees and the volatility of the recycling market among other factors, the rate schedules proposed by Contractor will be accompanied by a report from an outside auditing firm (to be selected by City and paid by Contractor) covering both the refuse collec- tion and recycling operations. Funds obtained from the sale of recycled items shall be used to offset other elements of cost in consideration of an appropriate rate structure. Charges to commercial or industrial customers who present large amounts of recyclable material may be offset to acknowledge the value of such material to the customer. The Rate Schedule may be modified from time to time as provided later in this agreement. SECTION 5. EXTRA COMPENSATION: In the event the volume of rubbish and/or garbage left for pickup by a user is excessive or, in the event that accessibility to pickup points is restricted or impaired, thereby causing additional cost of collection to Contractor, Contractor shall negotiate, in good faith, a collection fee with the affected user. In the event a dispute arises between Contractor and 4 a user as to the excessiveness of the volume of trash left for pickup, City shall make the final determination as to excessiveness. SECTION 6. STANDARD OF SERVICE: 2n rendering services pursuant that is to this agreement, Contractor shall use equipment in good operable condition, and good, clean appear- ance. All field employees of Contractor who deal with the public shall wear uniforms, first reasonably approved by the City Manager of City, and all employees shall be required by Contractor to be courteous and helpful in their dealings with the public. Contractor's employees are required to remove properly contained rubbish and garbage but clean up a littered area when containers, dumping by vandals or ing. Contractor is required to spills caused by his operation, immediately. SECTION 7.. DUMP SITE: Contractor its own disposal site, or use disposal have no responsibility to the fault is overfilled otherwise poor housekeep- clean up litter or liquid and this must be done shall either furnish sites provided to it by the County of San Diego. In any event, Contractor will not burn any combustible substances within the City of National City. All disposal activities of Contractor shall be conducted in such a way as to enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. 5 Upon 30 days written notice, City may require Contractor to use a disposal site designated by City, provided that adequate acess is available to Contractor to provide reason- able use of such a designated disposal site. In this regard, Contractor shall pay whatever reasonable use fees are charged for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. SECTION 8. FREQUENCY OF SERVICE: Contractor shall collect rubbish and garbage from residential users at least one time per week, with collections from any user being on the same day of the week, such day to be designated by Contractor. Collection from commercial, industrial, and manufactur- ing users, except recycling, shall be as frequently as agreed upon between Contractor and user, but not less often than weekly. SECTION 9. HOURS FOR COLLECTION: All collection activities of Contractor pursuant to this contract shall occur between the hours of 7:00 a.m. and 4:30 p.m. SECTION 10. CARE OF USERS' CONTAINERS: Contractor shall insure that its employees make reasonable efforts to avoid damage to users' rubbish and garbage containers. SECTION 11. SERVICE TO CITY: Contractor shall collect garbage and rubbish from City -owned property, as frequently 6 as is necessary to prevent the accumulation of rubbish or garbage on City -owned property, without charge to City. Collection service includes removal of sweeping debris. SECTION 12. BIANNUAL CLEANUP: Contractor agrees to provide two annual cleanup campaigns and to cooperate with City as to the date and manner of conducting said cleanup campaigns. SECTION 13. CONTRACTOR TO OBEY ALL LAWS IN THE PERFORM- ANCE OF THIS CONTRACT: Contractor warrants that it will comply with all Local, State and Federal laws and regula- tions applicable to its operation. SECTION 14. COLLECTION OF BULKY ITEMS: Contractor is required to establish a program for pickup, recycling as required and disposal of major household appliances (stove, refrigerator, washer, dryer, etc.), and major household furniture (couch, chair, table, mattress, etc.). Said program shall include a procedure for informing Contractor's customers of the existence of said program, and of the details of said program (e.g., pickup times). The program shall require pickup on Saturday. An appointment is required which may be made by contact with EDCO as late as Friday for pickup the following day. Provision also shall be made to ensure that set out items having doors are rendered safe by either removal of the door latch mechanism, by welding the doors shut or by removal of the doors, such action to occur within eight (8) working 7 hours of notification to Contractor by the customer. Costs for this program are considered a basic business cost to be included in overall rate establishment and without additional charge to the customer. It is understood that this program does not include removal of autos or automotive components, construction or demolition debris, dirt, sand, concrete, asphalt, etc. These type materials are to be hauled on a for -a -fee basis. Bulky items are to be set out at normal trash location. SECTION 15. INSURANCE: Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies:. A. Automobile insurance covering all bodily injury and property liability incurred during the performance of this agreement, with a minimum coverage of $10,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. B. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this agreement. C. Workers' compensation insurance covering all of its employees and volunteers. D. The aforesaid policies, except for the workers' compensation policy, shall name City and its officers, 8 agents, and employees as additional insureds, and shall constitute primary insurance, with respect and limited only to Contractor's performance under this agreement, as to City, its officers, agents and employees, so that any other policies held by City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to City of cancellation or material change. E. Concurrently with the execution of this agreement, Contractor sufficient shall furnish City with a certificate or other proof that the above insurance provisions have been complied with. Said certificate or other proof shall be filed with and approved by the City Risk Manager. If Contractor full force agreement, does not keep all of such insurance policies in and effect at all times during the term of this City may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate the agreement as provided herein. F. If any required insurance coverage is provided on a "claims made" rather than "occurrence" form, Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this agreement. G. Insurance provisions may be updated at the option of City every three years. HOLD HARMLESS: Contractor shall at its own risk, cost and expense, indemnify, defend, and hold harmless, City, 9 its officer all liabil fees, and performance SECTION Contractor s, agents and employees from and against any and ity, loss, expense, including defense costs, legal claims for damages, arising from Contractor's under the terms of this agreement. 16. FRANCHISE FEE: As a. franchise fee, will pay the City of National City a sum of money equal to two percent (2%) of Contractor's gross collections derived from services rendered pursuant to this agreement. The franchise fee will increase to 5% effective October 1, 1992 and will increase by 1% on July 1 of each succeeding year for the remainder of the contract term. Said franchise fee will be payable on the 20th day of each month. City shall have the right, at reasonable times and places, to inspect Contractor's books and records to insure and correct payment of the franchise fee. SECTION 17. EXCLUSIVE CONTRACT: City hereby grants to Contractor, during the term of this agreement, the exclusive right to collect all rubbish and garbage and recyclable material within the City of National City, as it now, or in the future, exists. City will not grant, during the term of this agreement, any other person the right to collect any rubbish or garbage or recyclable material for compensation within its city limits. Nothing herein is intended to prevent customary agreements to service commercial/indus- trial facilities for recyclable material from roll -off containers nor to prevent individuals from recycling their the proper 10 own material nor charitable organizations from recycling donated materials. Roll -off containers for construction debris are not included in this exclusive right. SECTION 18. NOTICE OF DEFAULT OF CONTRACT: If City determines Contractor is in default of any term or condition of this agreement, it shall give Contractor written notice of said default, and Contractor shall correct said default within 30 days. If Contractor fails to correct fault to the satisfaction of City, City may, by written communication, cancel this agreement and purchase at the then fair market value all of Contractor's equipment, books, records, and supplies, used by it in the performance of this agreement, and to take immediate possession of said property and use it as City deems appropriate. SECTION 19. CITY CONTROL DURING NATURAL DISASTER OR DECLARED DISASTER OR LABOR DISPUTE: In the event of a local natural disaster or any declared disaster, City may direct and control and use all of the equipment of Contractor used by it in the performance of this agreement. Furthermore, in the event of a labor dispute, which prevents Contractor from performing the terms and conditions of this contract, City may, but need not, take over Contractor's equipment and operate the same for rubbish and garbage collection purposes within the City of National City. 11 In the event any such labor dispute is not settled within 120 days after City exercises its right to take over Contractor's equipment and operate the same, City may, but need not, purchase all of Contractor's equipment, books, and records, necessary to perform this agreement at the then fair market value, cancel this agreement and use said property as it deems proper. SECTION 20. CONTRACTOR'S PERFORMANCE BOND: Contractor shall deliver to the City Treasurer a performance bond issued by a surety licensed to engage in business in the state of California, or cash or government bonds in the sum of $25,000.00 to guarantee its faithful performance of this contract. SECTION 21. CONTRACTOR'S OFFICE: During the term of this agreement, Contractor shall maintain a business office with regular office hours at a location in the City of National City, which provides convenient access to the users of Contractor's services. Contractor shall keep the City Manager of City and its users informed of the location of said office. SECTION 22. BILL AND COLLECT: Contractor shall, at its own expense, bill and collect service charges due it, pursuant to this contract. SECTION 23. APPLICATIONS FOR RATE CHANGE: Contractor may apply, annually, for changes in the rates charged 12 pursuant to this agreement. Said application shall be in writing, addressed to the City Manager of City, and contain the financial and statistical data upon which the rate change application is made. By agreement, annual "cost of living" changes will be based upon the CPI for San Diego and will be equal to the percentage change in the index with, however, a cap of 6%. Thereafter, after report and recommendation to it by its manager, the City Council will act on said application, either grant the same, denying the same or granting some different rate schedule than that applied for. Such rate change shall be effective on October 1 of each year. Changes in the rates (tipping fees) charged by the owners/operators. of sanitary landfill sites utilized by the Contractor shall be considered as "pass -through" -Upon fee for notification to the Contractor of a proposed change, the Contractor should submit a letter rate change to the City, defining the impact Costs. tipping request of such change on his costs, and proposing a rate change that will exactly recoup the tipping fee change. Any approved rate change reflecting a change in tipping fees may be concurrent with the change in tipping fees. SECTION 24. NON -ASSIGNABILITY: Contractor's rights and duties under this contract cannot be assigned, in whole or in part, without the consent of the City Council first 13 obtained in the form of a resolution duly passed and adopted. SECTION 25. INDEPENDENT CONTRACTORS: City and Contractor are independent contractors with respect to each other, and none have the authority to incur obligations of any kind in the name of or for the account of each other, or to commit or bind each other without the other's written consent. SECTION 26, COMPLIANCE WITH APPLICABLE LAW: Contractor, in the performance of the service to, be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. SECTION 27. PRIOR AGREEMENTS. This agreement shall supersede all prior agreements between City and Contractor. CITY OF NATIONAL CITY APPROVED 4A/S�Ti RM• BY: .idzsi IVIAYCR George H. Eiser, III City Attorney ATTEST: By: 7Apn� YI l � C. Q. CITY CLERK ` EDCO DISPOSAL CORPORATION . . 6airi).J 14 NATIONAL CITY RATE SCHEDULE 10-01-90 RUBBISH AND GARBAGE MONTHLY RATE 1. Residential Per month residential single family properties. For the second and each additional residential unit in multiple dwellings which do not exceed four units 2. Trailer Parks and Motels ($5.00 Min.) One time per week, per unit, per month 3. Apartment Houses (no minimum) One time per week, per unit, per month 4. Senior Citizen - Residential Per month 8.75 6.60 6.20 6.15 7.10 EXHIBIT 1 J NATIONAL CITY RATE SCHEDULE 10-01-90 RUBBISH AND GARBAGE MONTHLY RATE 1. Residential Per month residential single family properties. For the second and each additional residential unit in multiple dwellings which do not exceed four units 2. Trailer Parks and Motels ($5.00 Min.) One time per week, per unit, per month 3. Apartment Houses. (no minimum) One time per week, per unit, per month 4. Senior Citizen - Residential Per month 8.75 6.60 6.20 6.15 7.10 EXHIBIT 1 NATIONAL CITY RATE SCHEDULE 10-1-90 RUBBISH AND GARBAGE (COMMERCIAL AND INDUSTRIAL MONTHLY ESTABLISHMENTS) RATE Up to (2) 40 gallon containers One time per week - per month Up to (2) 40 gallon.containers Two times per week - per month Up to (2) 40 gallon containers Three times per week.- per month Up to (2) 40 gallon containers Four times per week - per month Up to (2) 40 gallon containers Daily (Six days/Monday thru Saturday) Additional or unusual accumulation of rubbish 10.25 16.30 21.00 25.95 33.90 6.15 a NATIONAL CITY RATE SCHEDULE 10-1-90 BOX TYPE REFUSE SERVICE NUMBER COLLECTION YARDS PER MONTHLY OF BINS FREQUENCY MONTH RATE 1 1 13 54.25 1 2 26 87.30 1 3 39 120.35 1 4 52 153.40 1 5 65 186.50 1 6 78 219.50 1 7 91 271.75 2 1 26 110.20 2 2 52 174.00 2 3 78 238.95 2 4 104 306.80 2 5 130 355.55 2 6 156 404.85 2 7 182 475.60 3 1 39 161.25 3 2 78 255.20 3 3 117 349.15 3 4 156 405.15 3 5 195 523.75 3 6 234 630.45 3 7 273 777.80 4 1 52 197.20 4 2 104 321.30 4 3 156 445.75 4 4 208 522.00 4 5 260 673.95 4 6 312 759.20 4 7 364 999.90 5 1 65 234.30 5 2 130 388.60 5 3 195 543.15 5 4 260 667.00 5 5 325 801.00 5 6 390 966.85 5 7 455 1186.10 6 1 78 271.15 6 2 156 455.90 6 3 234 640.60 6 4 312 737.20 6 5 390 892.60 6 6 468 1086.35 6 7 546 1336.00 FIRST AMENDMENT TO THAT CERTAIN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ED BURR, DOING BUSINESS AS EDCO DISPOSAL CORPORATION DATED SEPTEMBER 6, 1977. t ub575 o2a - .>Z .Id s WHEREAS, the City of National City, hereinafter referred to as "CITY" and ED BURR, doing business as EDCO DISPOSAL CORPORATION, herein- after referred to as "CONTRACTOR", did on the 6th day of September, 1977. enter into an agreement providing for contractor to have an exclusive right to.collect "rubbish" and "garbage" in the City, and NOW, THEREFORE, the parties hereto, for and in consideration of the mutual covenants herein expressed and for other good and sufficient consi- deration, do agree as follows: Section 21. Term of Contract. Section 21 of the agreement of the 6th day of September, 1977, by and between City and contractor, is hereby amended to read as follows: Section 21. The term of this contract shall be from November 18, 1980 until November 17,1990. IN WITNESS WHEREOF the parties hereto have executed this agreement the . A day of )6e1r'. 198D. CITY OF NATIONAL BY: I f' . e, _ 4 EDCO DISPOSAL CORPORATION J By: 4,ce,6e ED BUR AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY BY AND BETWEEN THE CITY OF NATIONAL CITY AND EDCO CORPORATION FOR SERVICES RENDERED WHEREAS, EDCO CORPORATION (Contractor) is the suc- cessor in interest to rights to collect trash, rubbish, and garbage in the CITY OF NATIONAL CITY (City) pursuant to a contract executed on the 6th day of August, 1962 between the City and Raymond T. Keener, and WHEREAS, various amendments to the aforementioned contract have occurred in the intervening years, and WHEREAS, Contractor desires the City's consent to an increase in rates for services rendered by and pursuant to said contract, and WHEREAS, City and Contractor desire to make other minor modifications of said contract; NOW, THEREFORE, for and in consideration of the con- sideration herein contained, and for other good and fair con- sideration, the parties hereto do agree as follows: SECTION 1. DEFINITIONS: A. GARBAGE is defined as. all refuse and waste, fruit, vegetable and animal matter, prepared and intended for human consumption,' and not so used. B. RUBBISH is refuse and waste material, whether combustible or noncombustible, not included within the defini- tion of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans, ashes, tree and vine trim- mings. It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material pertaining to building op- erations, construction or repair, water heaters or furniture. SECTION 2. CONTRACTOR'S OBLIGATION TO COLLECT GARBAGE AND RUBBISH: The Contractor will collect and remove all combustible and noncombustible rubbish and garbage from the curbs, sidewalks or alleys within the City limits of National City, so far as said garbage and rubbish is placed properly for pickup; and the Contractor will provide all materials, supplies, equipment, and personnel necessary to collect said rub- bish and garbage pursuant to the terms of this agreement. SECTION 3. RATES FOR CONTRACTOR'S SERVICES: Contractor shall charge no more than the maximum rate set forth in the Rate Schedule which is Exhibit "A" hereto and by this reference incorporated herein as though fully set forth herein- after. Contractor may charge less than the rates in the Rate Schedule, but not more. Any rate charged to a classification of user shall be charged uniformly to all users in that classi- fication. SECTION 4. EXTRA COMPENSATION: In the event the volume of rubbish and/or garbage left for pickup by a user is greater than the volume limits set forth on Exhibit "A", or, in the event that accessability to pickup points is restricted or impaired, thereby causing additional cost of collection to Contractor, the Contractor shall negotiate, in good faith, a collection fee with the affected user. 2 SECTION 5. STANDARD OF SERVICE: In rendering services pursuant to this contract, Contractor shall use equipment which is ingood, operable condition, and good, clean appearance. All employees' of Contractor who deal with the public shall wear uniforms, first reasonably approved by the City Manager of City, and said employees shall be required by Contractor to be courteous and helpful in their dealings with the public. SECTION 6. DUMP SITE: Contractor shall either fur- nish its own disposal site, or use disposal sites provided to it by the County of San Diego. In any event, Contractor will not burn any combustibles within the City of National City. All disposal activities of Contractor shall be conducted in such a way as to enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. Upon 30 days written notice, the City may require Contractor to use a disposal site designated by it, provided that adequate access is available to Contractor to provide reasonable use of such a designated disposal site. In this regard, Contractor shall pay whatever reasonable use fees the City charges for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. • SECTION 7. FREQUENCY OF SERVICE: Contractor shall collect rubbish and garbage from residential users at least one time per week, with collections from any user being on 3 • the same day of the week, such day to be designated by the Contractor. In this regard, Contractor shall not require residential users to segregate rubbish and garbage into sep- arate containers. Collection from commercial, industrial, and manu- facturing users shall be as frequently as agreed upon between Contractor and user, charges being according to the Rate Schedule (Exhibit "A"). SECTION 8. HOURS FOR COLLECTION: All collection activities of Contractor pursuant to this contract shall occur. between the hours of 7:00 a.m. and 4:30 p.m. SECTION 9. CARE OF USER'S CONTAINERS: Contractor shall insure that its employees make reasonable efforts to avoid damage to user's rubbish and garbage containers. SECTION 10. FREE SERVICE TO CITY: Contractor shall collect garbage and rubbish from City owned property, as fre- quently as is necessary to prevent the accumulation of rubbish or garbage on City owned property, without charge to the City. Free collection service includes service to City owned housing units. SECTION 11. INSURANCE: During the term of this contract, Contractor shall maintain a policy of public lia- bility and property damage insurance with combined single limits of at least $500,000.00, and $50,000.00 as to property damage,on which policy the City of National City shall be named as a co-insured. The existence of said insurance shall 4 be evidenced by delivery to the City of a Certificate of Insurance requiring 30 days written notice of cancelation of said insurance to the City in care of its City Manager at his office in the Civic Center, 1243 National Avenue, National City, California. Contractor will likewise maintain, and deliver to the City a similar certificate, workers compensation insurance covering all of its employees. SECTION 12. CONTRACTOR TO OBEY ALL LAWS IN THE PERFORMANCE OF THIS CONTRACT: The Contractor warrants that it will comply with all local, state and federal laws and regula- tions applicable to its operations. SECTION 13. FRANCHISE FEE: As a franchise fee the Contractor will pay the City of National City a sum of money equal to two percent (2%) of its gross receipts derived from services rendered pursuant to this agreement. Said franchise fee will be payable annually on the 30th day of June. City shall have the right, at reasonable times and places, to inspect Contractor's books and records to insure the proper and cor- rect payment of the franchise fee. Upon six months written notice, City may increase the franchise fee to a maximum of four •percent of gross receipts. 'In this regard Contractor will keep its books and records in National City, will deliver them for inspection to the office of the City Manager, Civic Center, National City, California, upon demand. SECTION 14. EXCLUSIVE CONTRACT: To the extent it is legally able, the City hereby grants to Contractor, during the term of this agreement, the exclusive right to collect all rubbish and garbage within the City of National City, as it now, or in the future, exists. The City will not grant, during the term of this agreement, any other person the right to collect any rubbish or garbage for compensation within its City limits. SECTION 15. NOTICE OF DEFAULT OF CONTRACT: If City determines Contractor. is in default of any term or con- dition of this agreement, it shall give Contractor written notice of said default, and Contractor shall correct the same within 30 days. If Contractor fails to correct said default within 30 .days, City may, by written communication, cancel this agreement and purchase at the then fair market value all of the 'Contractor's equipment, books, records, and supplies, used by it in the performance of this agreement, and to take immediately possession of said property and use it as the City deems appropriate SECTION 16. CITY CONTROL DURING NATURAL DISASTER OR DECLARED DISASTER OR LABOR DISPUTE: In the event of a local natural disaster or any declared disaster, the City may direct and control and use all of the equipment of the Contractor used by it in the performance of this agreement. Furthermore, in the event of a labor dispute which prevents contractor from performing the terms and conditions of this contract, City may, but need not, take over Contractor's equipment and operate the same for rubbish and garbage collection purposes within the City of National City. 6 In the event any such labor dispute is not settled within 120 days after City exercises its right to take over Contractor's equipment and operate the same, the City may, but need not, purchase all the Contractor's equipment, books, and records, necessary to perform this agreement at .the then fair market value, cancel this agreement and use said property as it deems proper. SECTION 18. CONTRACTOR'S PERFORMANCE BOND: Contract- or shall deliver to the City Treasurer a performance bond is- sued by a surety licensed to engage in business in the state of California, or cash, or government bonds in the sum of $25,000.00 to guarantee its faithful performance of this contract. SECTION 19. CONTRACTOR'S OFFICE: During the term of this agreement, Contractor shall maintain a business office with regular office hours at a location in the City of National City which provides convenient access to the users of Contractor' services. Contractor shall keep the City Manager of City and its users informed of the location of said office. SECTION 20. BILL AND COLLECT:'. The Contractor shall, at its, own expense, bill and collect service charges due it pursuant to this contract. SECTION 21. TERM OF CONTRACT: The term of this contract shall be from September 1, 1977 to 31st day of August, 1982. 134 7Z /11/0ov,ggaGf.� k e-7‘^^-' 7 Iekio v 1 g o 17 Kiel I V" SECTION 22. APPLICATIONS FOR RATE CHANGE: Contractor may, from time to time, apply.for changes in the'rates•charged • pursuant to this agreement. Said application shall be in writing, addressed to the City Manager of City, and contain the financial and'statistical data upon which the rate change application is made. Thereafter, after report and recommendation to it by its manager, the City Council will act on said application, either grant the same, denying the same or granting some different rate schedule than that applied for. SECTION 23. NON -ASSIGNABILITY: Contractor's rights and duties under this contract cannot be assigned, in whole or in part, without the consent of the City Council first ob- tained in the form of a Resolution duly passed and adopted. Dated this A '- day of September, 1977. ATTEST: City Clerk 8 CITY OF NATIONAL CITY BY: KILE MORGAN, Mayor EDCO CORPORATION BY: ei tZ� EDWARD BURR, President San Diego County Franchise City Rates Proposed July 1, 2013 Residential Rates City Total Effective Date National City $17.47 Proposed 7/1/13 Chula Vista $17.49 Effective 9/1/12 Escondido $18.13 Effective 1/1/12 Coronado $18.65 Proposed 7/1/13 La Mesa $19.09 Proposed 7/1/13 Del Mar $19.23 Proposed 7/1/13 Santee $19.51 Proposed 7/1/13 Encinitas $19.59 Proposed 7/1/13 Vista $19.85 Proposed 7/1/13 Oceanside $19.87 Proposed 7/1/13 Carlsbad $20.20 Proposed 7/1/13 Lemon Grove $20.44 Proposed 7/1/13 Chula Vista $20.58 Effective 9/1112 San Marcos $20.88 Effective 7/1/12 Poway $20.91 Proposed 7/1/13 El Cajon $21.61 Proposed 7/1/13 Solana Beach $23.72 Proposed 7/1/13 Imperial Beach $27.81 Effective 7/1/13 Mayor Ron Monson Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano L- isconio8A• Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight TO: Mayor and City Council DATE: May 21, 2013 FROM: Senior Assistant City Attorney SUBJECT: Proposition 218 and Proposition 26 Analysis of EDCO's Proposed Increase in Rates for Refuse Collection Services INTRODUCTION The City of National City and EDCO Disposal Corporation ("EDCO") entered into the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation, dated September 25, 1990 ("Agreement"). The Agreement has been amended several times. The last amendment was on July 1, 2007 to adjust the rate schedule. Section 23 of the Agreement discusses applications for rate changes, annual "cost of living" changes, and "changes in the rates (tipping fees) charged by the owners/operators of sanitary landfill sites ...." This Section allows EDCO to apply annually for changes in the rates charged pursuant to the Agreement. This Section goes on to say that "upon notification to [EDCO] of a proposed tipping fee change, [EDCO] should submit a letter request for rate change to the City, defining the impact of such change on his costs, and proposing a rate change that will exactly recoup the tipping fee change." Section 23 says that the application must be in writing and contain the financial and statistical data upon which the rate change application is made. Section 23 also says that the tipping fees "shall be considered as `pass -through' costs." In addition, Section 23 says that the annual "cost of living" changes will be based upon the Consumer Price Index ("CPI") for San Diego and will be equal to the percentage change in the index, with a cap of 6%. EDCO has applied for an increase in rates pursuant to Section 23. The increase is based on an increase in tipping fees, a decrease in revenue from recyclables sold, and an increase based on the CPI of 2.71%. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 ANALYSIS I. THE PROPOSED INCREASE TO THE FEES FOR REFUSE COLLECTION SERVICES IS SUBJECT TO THE NOTICE AND MAJORITY PROTEST REQUIREMENTS OF PROPOSITION 218, BUT NOT TO THE VOTER APPROVAL REQUIREMENTS. In 1996, voters passed Proposition 218 to amend the California Constitution to require voter approval for certain kinds of assessments and fees. Shortly thereafter, the California Legislature adopted the Proposition 218 Omnibus Implementation Act, California Government Code sections 53750 through 53756. Proposition 218 provides that voter approval is required for an increase in any "property related fee or charge" except for sewer, water, and refuse collection: Except for fees or charges for sewer, water, and refuse collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the fee or charge, or at the option of the agency, by a two-thirds vote of the electorate residing in the affected area. Cal. Const. art. XIIID, section 6(c). Although charges for refuse collection services are not subject to the voter approval requirements of section 6(c), the City must comply with the notice and majority protest requirements of Article XIIID, section 6(a). Cal. Const. art. XIIID, section 6(c). Cal. Gov't Code section 53755. A. The City has Complied with the Proposition 218 Notice Requirements. Pursuant to Proposition 218, the City must provide written notice by mail of the proposed increase in the fee to the "record owner of each identified parcel" upon which the increase in the fee is proposed for imposition. "Record owner" means the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll. Cal. Gov't Code section 53750(j). The notice shall include: (a) the amount of the increase in the fee proposed to be imposed upon each parcel; (b) the basis upon which the amount of the increase in the fee proposed fee was calculated; (c) the reason for the increase in the fee; and (d) the date, time, and location of a public hearing on the proposed increase to the fee. Cal. Const. art. XIIID, section 6(a). May 21, 2013 2 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase Notice of the proposed increase in the fee may be given by including it in the agency's regular billing statement for the fee or by any other mailing by the agency to the address to which the agency customarily mails the billing statement for the fee. Cal. Gov't Code section 53755(a)(1). However, this Section does not change the definition of "record owner" in Califomia Government Code section 53750(j). Therefore, if the property tax rolls provide an address for the owner of the parcel that is different than the billing or service address, a notice must be sent to the "record owner" as defined by California Government Code section 53750(j). A copy of the Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services (Notice) is attached. It complies with all of the requirements of Proposition 218. EDCO included the Notice in the regular billing statement for refuse services. If the property tax rolls provided an address for the owner of the parcel that is different than the billing or service address, EDCO also sent the Notice to the "record owner" of the parcel as defined by Califomia Government Code section 53750(j).1 B. The City Must Comply with the Proposition 218 Majority Protest Requirements. Pursuant to Proposition 218 and the implementing legislation, the City must comply with the following requirements: 1) The City must conduct a public hearing on the proposed increase to the fee not less than 45 days after mailing the notice. 2) During the public hearing, the City Council must hear and consider all objections and protests against the proposed increase in the fee. However, verbal protests will not be counted in calculating a majority protest to the proposed increased fee. 3) The City shall count one written protest per parcel, filed by an owner or tenant of the parcel in calculating a majority protest to the proposed increased fee. 4) The written protest must be received by the City Clerk prior to the close of the public hearing. The written protest must include an original signature, identification of the parcel by parcel number or address, and a statement of protest against the increase in the rate. Written protests by e-mail or fax will not be accepted. 5) If written protests against the proposed increase in the fee are presented by a majority of owners of the identified parcels, the City shall not impose the increase to the fee. Cal. Const. art. XIIID, section 6. Cal. Gov't Code section 53755. 1 The City has preserved any authority it may have to record or enforce a lien on the parcel to which service is provided by mailing the Notice to the record owner's address shown on the last equalized assessment roll if that address is different than the billing or service address. May 21, 2013 3 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase II. THE PROPOSED INCREASE IN THE FEES FOR REFUSE COLLECTION SERVICES IS NOT A SPECIAL TAX UNDER PROPOSITION 26. A. There are Seven Exceptions to the Definition of a Special Tax under Proposition 26. Proposition 26 was adopted by the voters in November 2010. Proposition 26 is a constitutional amendment which expands the revenue -raising restrictions placed on state and local governments by the constitutional amendments adopted by Propositions 13, 62, and 218. Since the enactment of Proposition 218, all "taxes" imposed by local government are either general taxes or special taxes. Cal. Const. art. XIII C, section 2(a). Special taxes are taxes imposed for a specific purpose, as distinguished from general taxes which are imposed for general governmental purposes. Cal. Const. art. XIII C, sections 1(a), (d). Given that the proposed increase in fees for refuse services is assessed for a specific, purpose, and the funds generated from the proposed increase are not to be used for general governmental purposes, it is analyzed as a special tax. Local governments may not "impose, extend, or increase" any special tax without a two-thirds vote of the electorate. Cal. Const. art. XIII C, section 2(d). Prop 26 added a broad definition of "tax" to the State Constitution. Griffith v. City of Santa Cruz, 207 Cal. App. 4th 982, 995-996 (2012). A tax is "any levy, charge, or exaction of any kind imposed by a local government," unless it falls within one of the following seven exceptions: (1) A fee for a benefit or privilege provided directly to the fee payer that is not provided to those not charged and that does not exceed the reasonable cost of providing the benefit or privilege; (2) A fee for a service or product provided directly to the fee payer that is not provided to those not charged and that does not exceed the reasonable cost of providing the service or product; A fee for reasonable regulatory costs for issuing licenses and permits, performing investigations, inspections, audits, and administrative enforcement and adjudication; (4) A fee for entrance to or use of local government property or the purchase, rental, or lease of local government property; (5) A fine or penalty imposed by the judiciary for a violation of law; (6) A charge imposed as a condition of property development; and (7) Assessments and property -related fees imposed pursuant to Proposition 218. Cal. Const. art. XIII C section 1(e). May 21, 2013 4 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase (3) Under Proposition 26, the City bears the burden of proving that the fee is not a "tax," that the amount charged is no more than necessary to cover reasonable costs, and that the allocation of those costs among fee payers bears a fair or reasonable relationship to the fee payer's burdens on, or benefits received from, the local government activity. Id. Proposition 26 does not apply retroactively to existing local fees and charges. See Proposition 26 section 1 Findings and Declaration of Purpose; Strauss v. Horton, 46 Ca1. 4th 364, 470 (2009); Ballot Pamphlet, General Elec. (Nov. 2, 2010) Legislative Analyst's Analysis pp. 58-59. Thus, absent an adjustment, a pre-existing fee would not be impacted by Proposition 26. B. The Proposed Increase in Fees for Refuse Collection Services is not a Special Tax Under Proposition 26 because the Proposed Increase is an Increase to Property -Related Fees. The proposed increase in the fees for refuse collection services is based, in part, on an increase in tipping fees. Pursuant to Section 23 of the Agreement, tipping fees are considered as "pass - through" costs to the customers and are part of the refuse collection rate. Fees for refuse collection services are property -related fees subject to Proposition 218. See Section I of this Memorandum. According to Exception 7 to Proposition 26, property -related fees imposed pursuant to Proposition 218 are excluded from the definition of a special tax under Proposition 26. Cal. Const. art. XIII C section 1(e)(7). Therefore, the proposed increase in the fees for refuse collection services is not a special tax under Proposition 26. CONCLUSION The City has complied with the notice requirements of Proposition 218 with regard to the proposed increase in fees for refuse collection services. The City will comply with the Proposition 218 majority protest requirements with regard to that proposed increase. The proposed increase in fees for refuse collection services is not a special tax under Proposition 26. Elisa A. Cusato Senior Assistant City Attorney cc: City Manager Public Works Director May 21, 2013 5 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on June 4, 2013, at 6:00 PM, in the Council Chamber of the Civic Center at 1234 National City Blvd., National City, California, 91950 for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0.27 to the rate for refuse, based on an increase in the tipping fee of $2.17 per ton; adding $0.01 to the rate for yardwaste, based on an increase in the tipping fee of $1.29 per ton; adding $0.18 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.28 based on the San Diego Consumer Price Index (CPI) of 2.71%. The amount of the increase to the commercial rates was calculated by adding $1.86 to the rate for refuse, $0.06 to the rate for yardwaste, $1.23 to the rate for recycling, and $1.69 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.09 for residential and $.64 for commercial rates is also included in the overall adjustment. The increase of $0.83 cents per month for residential users and $5.48 per month for commercial users would be effective for basic service subscribers. The proposed increase in rates for refuse services would to take effect on July 1, 2013. Additional information pertaining to this matter may be obtained from the Public Works Department, 2100 Hoover Avenue, National City, California, 91950. Current Monthly Rate (eff 7/2/07) Proposed Monthly Rate (7/1/13) Residential Service Rate Base Rate Senior Discount Rate Silver Bag Rate $16.64 $13.32 $ 2.28 per bag $17.47 $13.99 $ 2.39 per bag May21, 2013 6 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 04, 2013 AGENDA ITEM NO:-13 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City and EDCO Disposal Corporation to increase the monthly rates for refuse collection services. PREPARED " Joe Smith a1: PHONE: 336-4587 EXPLANATION: See Attached APPROVED BY: DEPARTMENT: Public Works , 0�2 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The proposed rate increase will be funded through trash service fees with no financial impact to the City ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the proposed Amendment to the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered to increase the rates charged. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation EDCO letter of March 04, 2013 National City Rate Schedule Refuse and Trash Agreement County Wide Rate Comparison Proposition 218 and Proposition 26 Analysis Staff Recommendation: Approve an Amendment to the Agreement for Collection of Rubbish and Trash between the City of National City and EDCO Disposal Corporation to increase the rates charged. Background On September 25, 1990, the City entered into the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered (Agreement).The Agreement has been amended several times. In 1993 and 1997, the Agreement was amended to extend the term of the Agreement. In 2003, 2005, and 2007, the Agreement was amended to increase the rates charged by EDCO. The Agreement has not been amended since 2007. Pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged. Changes in the rates charged by the owners/operators of sanitary landfill sites utilized by EDCO (tipping fees) are considered as "pass -through" costs. Once EDCO is notified of a proposed tipping fee change, EDCO can submit a letter request for rate change to the City. The annual "cost of living" changes will be based upon the CPI for San Diego and will be equal to the percentage change in the index with a cap of 6%. EDCO has submitted a request for a rate increase in compliance with Section 23 of the Agreement. Explanation The rates for trash service are based on various components; landfill and yardwaste rates and tonnage, recyclables sold, and the San Diego consumer price index (CPI). For the Rate Review, the actual total cost/price of budget items is determined, and is compared to budgeted amounts. FY-14 Rate Factors: Total proposed adjustment is $0.83 (5.01 %) per month to the standard residential rate and $5.48 (5.23%) per month to the standard commercial rate. There are four main components to the rate. Landfill As the City is a member of the Regional Solid Waste Authority (RSWA), the landfill portion of the rate is based on approved changes in the RSWA rate. The RSWA rate per ton has increased from $39.11 to $41.28. This increase of $2.17 per ton equates to a weighted average adjustment of $.27 to the standard residential rate and $1.86 to the standard commercial rate. We estimate the trash tonnage hauled in FY-14 to be similar to last year. Yardwaste The yardwaste disposal rate increased from $25.36 to $26.65 with the tonnage remaining similar to last year. This equates to a weighted average adjustment of $0.01 to the standard residential rate and $0.06 to the standard commercial rate. Recycling Recyclable revenue decreased from last year by $74,514, a figure that was also impacted by scavenging. This equates to an adjustment of $.18 to the standard residential rate and $1.23 to the standard commercial rate. Consumer Price Index (CPI) The most recently published one-year San Diego CPI index is 2.71%. This equates to a weighted average adjustment of $.28 to the standard residential rate and $1.69 to the standard commercial rate. We will again have EDCO contribute $150,000 to the City's Enterprise Fund. The Enterprise Fund is funded by money collected by EDCO for the City from the rate payers, pursuant to Section 16 of the Agreement titled "Franchise Fee". Section 16 provides for an increase in the Franchise Fee every year. An increase in the Franchise Fee of $.09 to the standard residential rate and $.64 to the standard commercial rate is included in the overall rate adjustment. The funds in the Enterprise Fund are used to pay for AB939 programs such as Household Hazardous Waste collection and the City's annual report required by CalRecycle. The fund also pays for hazardous waste disposal collected from the public right- of-way and a street sweeper operator. It should be noted that the single-family rate has not been increased since 2007 and, even with the proposed rate increase; National City will remain the lowest trash rate in the County. The history of the single-family rate in National City is as follows: FY-02, 03 FY-04, 05 FY-06, 07 FY-08, 09, 10, 11, 12, 13 Proposed FY-14 $14.83 $15.33 $15.99 $16.64 $17.47 Service Rate Current Monthly Rate Change Proposed Monthly Rate Single Family Rate $16.64 $0.83 $17.47 Senior Rate $13.32 $0.67 $13.99 Silver Bag (ea) $ 2.28 $0.11 $ 2.39 In addition to general collection, hauling and disposal of the City's rubbish and trash, EDCO provides the following services at no cost to the City or the customer, pursuant to the Agreement: • Removal of garbage, rubbish and sweeping debris on City -owned properties. Section 11 of the Agreement, titled "Service to City", says "[EDCO] shall collect garbage and rubbish from City -owned properties, as frequently as is necessary to prevent the accumulation of rubbish or garbage on City -owned property, without charge to the City. Collection service includes removal of sweeping debris." • Biannual Cleanups. Section 12 of the Agreement, titled "Biannual Cleanup", and says [EDCO] agrees to provide two annual cleanup campaigns and to cooperate with City as to the date and manner of conducting said cleanup campaigns. • Collection of Bulky Items. Section 14 of the Agreement, titled "Collection of Bulky Items", says, "[EDCO] is required to establish a program for pickup, recycling as required and disposal of major household appliances (stove, refrigerator, washer, dryer, etc.), and major household furniture (couch, chair, table, mattress, etc.). Said program shall include a procedure for informing [EDCO's] customers of the existence of said program, and of the details of said program (e.g., pickup times)." Section 14 goes on to say "Costs for this program are considered a basic business cost to be included in overall rate establishment and without additional charge to the customer." A copy of the Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services, sent to all customers and property owners, is attached. A copy of the proposed Amendment to the Agreement is also attached. WASTE & RECYCLING SERVICES March 4, 2013 Joe H.A. Smith Director of Public Works City of National City 2100 Hoover Avenue National City, CA 91950 Dear Joe, EDCO has been pleased to serve as the waste collection and recycling service provider to the City of National City for many years. We look forward to continuing to provide the citizens and businesses with the highest -level of service in a safe and professional manner. The agreement between the City of National City and EDCO allows for periodic rate adjustments based on the local consumer price index and a pass through of changes in disposal fees. As you are aware our last adjustment was in July of 2007 and since that time several costs of providing our services have increased dramatically. The calculation of our proposed adjustments is determined through a detailed formula utilizing the following factors: • The Consumer Price Index (CPI) as published for the San Diego Region was 2.71 % for the year 2011. We are deferring the 2012 CPI for future consideration. • As a member of the Regional Solid Waste Authority (RSWA) National City's refuse tipping fee has increased from the 2007 rate of $39.11 to the current 2013 rate of $41.28. The following pages give the schedule of proposed adjustments to the rate structure. Should you have any questions please contact me at (619) 287-5696 ext 4204. Sincerely, John Snyder Vice President "We'll Take Care of It" 6670 Federal Boulevard - Lemon Grove, California 91945 (619) 287-7555 • Fax: (619) 287-5242 • www.edcodisposal.com • Printed on Recycled Paper Residential Rates Adjustment National City Rate Adjustment -July 1, 2013 Gross Rate Revenue & Franchise Fees Gross Residential Rate Revenue - 2012 Less Residential Franchise Fees © 9 % Less Enterprise Fund (res portion) Residential Rate Revenue Net of Franchise and Enterprise Fund Revenue C $ Annual Amount 1,511,339 ($136,021) ($45,413) 1,329,906 Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Residential Rate Revenue Net of Franchise Fees $1,329,906 100.00% Less: Actual Residential refuse Disposal Expense -$441,832 -33.22% Less: Actual Yard Waste Disposal (res portion) -$17,752 -1.33% Add: Recycling Revenue (residential portion) $70,050 4.63% Residential Service Revenue $940,372 70.08% Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 39.11 $ 41.28 $ 2.17 5.56% YW Tipping Fee per Ton $ 25.36 $ 26.65 $ 1.29 5.07% Recycling Revenue Increase / (Decrease) $94,640 $70,050 $ (24,590) -25.98% CPI- San Diego Index CUUSA424SA0 246.7 253.4 6.68 2.71% Weighted percentage change in adjustment factors Revenue Components Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 33.22% 5.55% 1.84% Yard Waste Disposal 1.33% 5.07% 0.07% Recycling Revenue (Increase)/Decrease -4.63% -25.98% 1.20% Service 70.08% 2.71% 1.90% Totals 100.00% 5.01% Apply weighted percentage change to Residenti Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate Residential Single Family Rate $16.64 5.01% $0.83 $17.47 Senior Rate $13.32 5.01% $0.67 $13.99 Silver Bag $2.28 5.01% $0.11 $2.39 Multi family recycling per Unit $0.94 5.01% $0.05 $0.99 Updated Allocation of current rate Change Proposed New Allocation Service $10.26 $0.28 $10.54 Landfill $4.86 $0.27 $5.13 Enterprise Fund $0.50 $0.03 $0.53 Curbside Recycling ($0.68) $0.18 ($0.50) Yard Waste collection $0.20 $0.01 $0.21 Franchise Fee (9%) $1.50 $0.07 $1.57 Total Rate $16.64 $0.83 $17.47 Commercial Rates Adjustment National City Rate Adjustment - July 1, 2013 Gross Rate Revenue & Franchise Fees Annual Amount Gross Commercial Rate Revenue - 2012 $ 3,159,183 Less Gross Franchise Fees @ 9 % ($284,326) Less Enterprise Fund (comm portion) ($91,081) Commercial Rate Revenue Net of Franchise Fee and Enterprise Fund $ 2,783,775 Revenue Components (net of Franchise Fees) Annual Amount Percentage of Rate Revenue Net of Franchise Fees Commercial Rate Revenue Net of Franchise Fees $2,783,775 100.00% Less: Actual Commercial Refuse Disposal Expense -$1,008,659 -36.23% Less: Actual Yard Waste Disposal(comm portion) -$36,043 -1.29% Add: Recycling Revenue (comm portion) $142,223 5.11% Commercial Service Revenue $1,881,297 67.58% Percentage chance in adjustment factors Adjustment Factor Old New Index Change Rate Component Percent Change RSWA Disposal Tipping Fee per Ton $ 39.11 $ 41.28 $ 2.17 5.55% YW Tipping Fee per Ton $ 25.36 $ 26.65 $ 1.29 5.09% Recycling Revenue Increase / (Decrease) $ 192,147 $ 142,223 $ (49,924) -25.98% CPI- San Diego Index CUUSA424SA0 246.7 253.4 2.71% 2.71% Weighted cercentage change in adjustment factors Components of Actual Revenue Component Weight Rate Component Percent Change Weighted Rate Adjustment Refuse Disposal 36.23% 5.55% 2.01% Yard Waste Disposal 1.29% 5.09% 0.07% Recycling Revenue (Increase)/Decrease -5.11% -25.98% 1.33% Service 67.58% 2.71% 1.83% Totals 100.00% 5.23% Apply weighted percentage change to Commercial Rates Service Current Monthly Rate Weighted Rate Adjustment Rate Change Adjusted Monthly Rate 3 Cu Yard x 1 week $104.75 5.23% $5.48 $110.23 Updated Allocation of current rate Change Proposed New Allocation Service $62.38 $1.69 $64.07 Landfill $33.44 $1.86 $35.30 Enterprise Fund $3.02 $0.16 $3.18 Curbside Recycling ($4.72) $1.23 ($3.49) Yard Waste collection $1.20 $0.06 $1.26 Franchise Fee (9%) $9.43 $0.49 $9.92 Total Rate $104.75 $5.48 $1.10.23 RESOLUTION NO. 2007 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REFUSE (TRASH) SERVICE RATE INCREASE FOR EDCO DISPOSAL CORPORATION WHEREAS, the last refuse (trash) service rate change for EDCO Disposal Corporation, the City's contract refuse hauler, was on June 21, 2005; and WHEREAS, the rate that the City must pay for refuse disposal is based upon landfill and yardwaste tonnage, recyclables sold, and the Consumer Price Index; and WHEREAS, the rate for refuse disposal that the City must pay is estimated to increase from $35.54 per ton to $39.11 per ton, effective July 1, 2007; and WHEREAS, the increase in the rate for refuse disposal requires an increase in charges to the City's rate payers, in order to adequately fund the City's program for refuse disposal; and WHEREAS, the City Council .held a noticed public hearing on June 5, 2007, at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, for the purpose of considering an increase in rates for refuse services At said public hearing the City Council considered any objections and protests to the proposed rates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse (trash)service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2007. PASSED and ADOPTED this 5th day of June, 2 on Morrison, Mayor ATTEST: i0 � Michael R. Dalla, ity Clerk APPROVED AS TO FORM: George H. iser, III City Attorney NATIONAL CITY RATE SCHEDULE July 1, 2007 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $15.99 $16.64 For the second and for each additional residential unit in multiple dwellings which do not exceed four units $12.61 $13.12 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $11.06 $11.51 3. APARTMENT HOUSES One time per week, per unit, per month $11.23 $11.69 4. SENIOR CITIZEN RESIDENTIAL Per month $12.79 $13.31 5. SILVER BAG SERVICE Per month $2.19 $2.28 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month $18.72 $19.82 Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One lime per week, per month Up 10 (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $34.83 $36.87 $44.77 $47.39 EXHIBIT "A" Page 1 RUBBISH AND GARBAGE NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One lime per week, per month $55.34 $58.58 Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month $72,28 $76.52 Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH $18.72 $19.82 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 1 13 $98.95 $104.75 2 1 26 $167.03 $176.82 3 1 39 $235.12 $248.90 4 1 52 $305.21 $323.10 5 1 .65 $375.29 $397.29 6 1 78 $445.38 $471.49 7 1 91 $515.47 $545.68 1 2 26 $169.04 $178.95 2 2 52 $303.21 $320.98 3 2 78 $437.37 5463.01 4 2 104 $569.53 $602.91 5 2 130 $701.70 $742.83 6 2 156 $833.86 $882.74 7 2 182 $966.02 $1,022.64 1 3 39 $239.12 $253.14 2 3 78 $435.37 $460.89 3 3 117 $631.61 $668.63 4 3 156 $825.85 $874.26 5 3 195 $1,020.09 $1,079.88 6 3 234 $1,214.33 $1,285.51 7 3 273 $1,408,57 $1,491.13 EXHIBIT "A" Page 2 NATIONAL CITY RATE SCHEDULE July 1, 2007 CURRENT PROPOSED MONTHLY MONTHLY BOX TYPE REFUSE SERVICE RATE RATE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH 1 4 52 $309.21 $327.33 2 4 104 $567.53 5600.60 3 4 156 $825.85 $874.26 4 4 208 ;1,082.16 $1,145.59 5 4 260 $1,338.48 $1,416.94 6 4 312 11,594.80 $1,668.28 7 4 364 $1,851.11 11,959.61 1 5 65 $379,30 $401.53 2 5 130 $699.70 $740.71 3 5 195 $1,020.09 $1,079.88 4 5 260 $1,330.47 $1,408.46 5 5 325 $1,640.85 $1,737.03 6 5 390 $1,951.23 $2,065.60 7 5 455 $2,261.63 $2.394.20 1 6 78 $449.38 $475.72 2 6 156 $831.66 $880.62 3 6 234 $1,214.33 $1,285.51 4 6 312 $1,584.79 $1,677.68 5 6 390 $1,955.25 $2,069.96 6 6 468 $2,325.70 52,462.02 7 6 546 $2,696.16 $2,854.20 EXHIBIT "A" Page 3 National City Rate History Residential Commercial 07/01/94 $ 16.30 $ 98.83 07/01/95 $ 14.85 $ 90.07 07/0.1 /96 $ 14.36 $ 87.04 1 -3.3%. -3.4% 07/01/97 $ 13.95 $ 84.54 2 -2.9% -2.9% 07/01/98 $ 13.95 $ 84.54 3 0.0% 0.0% 07/01/99 $ 13.95 $ 84.54 4 0.0% 0.0% 07/01/00 $ 13.95 $ 84.54 5 0.01)/0 0.0% 07/01 /01 $ 14.83 $ 89.67 6 6.3% 6.1% 07/01/02 $ 14.83 $ 89.67 7 0.0% 0.0% 07/01/03 $ 15.33 $ 92.78 0 .3.4% 3.5% 07/01/04 $ 15.33 $ 92.78 9 0.0% 0.0% 07/01/05 $ 15.99 $ 98.95 10 4.3% 6.7% M 07/01/06 $ 15.99 $ 98.95 10 0.0% 0.0% t-i 07/01/07 $ 16.64 $ 104.75 11 4.1% 5.9% W 1 Passed and adopted by the Council of the City of National City, California, on June 5, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i// Bi 4" City erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-116 of the City of National City, California, passed and adopted by the Council of said City on June 5, 2007. City Clerk of the City of National City, California By: Deputy AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 16th day of September 1997, by and between the City of National City, hereinafter referred to as "CITY", and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR". RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered". B. Said agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86. C. Said agreement was amended on November 9, 1993 pursuantto Resolution No. 93-176. D. CITY and CONTRACTOR now desire to amend Section I of said agreement, concerning the term of the agreement. NOW, THEREFORE, the parties hereto mutually agree to amend Section I of the Agreement for Collection of Rubbish and Trash in the City ofNational City by and between the City ofNational City and. Edco Disposal Corporation for Services Rendered, as follows: TERM. The term of this Agreement shall be amended to commence October 1, 1997 and expire June 30, 2003, provided however, that commencing July 1, 1998 and every year thereafter, automatic one year extensions shall be applied to said Agreement so that the term of the Agreement shall remain between five (5) and six (6) years. Should either party desire that said automatic one year renewal and extension provision be terminated, such party may give the other written notice of such termination not less than thirty (30) days prior to July 1 of any year of the Agreement. Such notice will terminate the automatic one year renewal and extension provision, and the Agreement shall remain in effect for the balance of the term then outstanding. This amendment is to remain in force so long as the Company is owned by Ed Burr. If the Company is sold, the contract will revert to a fixed term contract with the fixed term being from the date of sale to the next anniversary date (1 July) plus one year. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, dated September 25, 1990, and as amended on June 22, 1993, and on November 9, 1993, shall remain in full. force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: /3 Zia, George Eiser, III City Attorney itilthZy George . Waters, Mayor EDCO DISPOSAL CORPORATION By: By: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 21,2005 28 AGENDA ITEM NO. ( ITEM TITLE A Resolution to Approve a Rate Increase for Edco Disposal Corporation PREPARED BY Jeff Servatius UPLANATION DEPARTMENT Public Works EXT.4580 See Attached Report Environmental Review x NA MIS Approval Financial itatoment The proposed rate increase will fall on all reciplents of the trash s�cee. By: A Franchise Fee of 9% will be paid to the City. Fine** Director Account No. STAFF RECOMM ENQATION Adopt the Resolution. BOARD 1 COMMISSION REcOMMENDSIfON N/A ATTACHMENTS ( Listed Below (s. 1. Resolution 2. EDCO letter of May 11, 2005 Resolution No. ,4ela LOPS- /3+� A.200 (Ser.7ro9) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TRASH SERVICE RATE CHANGE FOR EDCO DISPOSAL CORPORATION WHEREAS, the last refuse service rate change for Edoo Disposal Corporation. the Citys contract refuse hauler, was In July 2003; and WHEREAS, the rate for waste disposal is estimated to increase from $34.60 per ton to $35.54 per ton, effective July 1, 2005; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the proposed refuse service rate schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, is hereby approved, effective July 1, 2005. PASSED and ADOPTED this 21`t day of June, 2005. Nick Inzunza, Mayor ATTEST: Michael Dana, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey Passed and adopted by the Council of the City of National City, California, on June 21, 2005, by the following vote, to wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: NICK INZUNZA Mayor of the City of National City, California ,,�,i,� City C rk of the City National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-134 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2005. By: City Clerk of the City of National City, California Deputy mac.%cam AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 20"' day of May, 2003, by and between the City of National City, hereinafter referred to as "CITY," and EDCO Disposal Corporation, hereinafter referred to as "CONTRACTOR". RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered." B. Said Agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86, and on November 9, 1993 pursuant to Resolution No. 93-176, on June 21, 1994 pursuant to Resolution No. 94-88, on September 16, 1997 pursuant to Resolution No. 97-119, and on June 12, 2001, pursuant to Resolution No. 2001-88. C. CITY and CONTRACTOR now desire to amend the provisions of said Agreement pertaining to the rates charged by CONTRACTOR, due to an increase in the tipping fee, and to reflect an increase in the Consumer Price Index for San Diego. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. That the National City Rate Schedule shall be as shown on Exhibit "A", attached hereto and incorporated herein by reference, beginning July 1, 2003. 2. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered, dated September 25, 1990, and as subsequently amended, shall remain in full force and effect. Amendment to Agreement— EDCO Collection of Rubbish and Trash May 20, 2003 Page 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY Nick Inzunza, f yor EDCO DISPOSAL CORPORATION (Two Slgnatures Required) By: Title: By: / Title: li// /3-(-/-frc AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 9th day of November, 1993, by and between the City of National City, hereinafter referred to as "CITY," and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR." RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered." B. Said agreement was amended on June 22, 1993 pursuant to Resolution No. 93-86. C. CITY and CONTRACTOR now desire to amend Section 1 of said agreement, concerning the term of the agreement. NOW, THEREFORE, the parties hereto mutually agree to amend Section 1 of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, as follows: TERM. The term of this agreement shall commence November 10, 1993 and end on June 30, 1999. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, dated September 25, 1990, and as amended on June 22, 1993, shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: //3Zm` George H. Eiser, III • City Attorney George HAW titers, Mayor EDCO DISPOSAL CORPORATION BY!• :774—(4//zzy By: 2 AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY This Amendment to Agreement is made and entered into this 22nd day of June, 1993, by and between the City of National City, hereinafter referred to as "CITY," and Edco Disposal Corporation, hereinafter referred to as "CONTRACTOR." RECITALS A. On September 25, 1990, CITY and CONTRACTOR entered into an• agreement entitled "Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered." B. CITY and CONTRACTOR now desire to amend various provisions of said agreement. NOW, THEREFORE, the partieshereto mutually agree to amend the following provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, as follows: 1. Section 2.D., entitled "Definitions" 'Recyclable Material'" is hereby amended to read as follows: D. "RECYCLABLE MATERIAL" means "Designated Recyclable Materials" as defined in Section 9.52.010 of the National City Municipal Code. 2. Section 7 is amended to read as follows: DUMP SITE: Contractor shall use disposal sites designated by CITY. In this regard, Contractor shall pay whatever reasonable use fees are charged for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. In any event, Contractor will not burn any combustible substances within the City of National City. All disposal activities of Contractor shall be conducted in such a way as to enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. 1 3. That the National City Rate Schedule shall be as shown on Exhibit "A," attached hereto and incorporated herein by reference, beginning July 1, 1993. 4. Except as otherwise provided herein, all of the provisions of the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and Edco Disposal Corporation for Services Rendered, dated September 25, 1990, shall remain .in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date first above stated. APPROVED AS TO FORM: George H. Eiser, III City Attorney mod_ George H. 'Waters, Mayor EDCO DISP9S L CORPORATION By - By: pt- AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY BY AND BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION FOR SERVICES RENDERED THIS AGREEMENT is entered into this 25th day of September 1990, by and between the City of National City, hereinafter referred to as "City" and EDCO Disposal Corporation, hereinafter referred to as "Contractor." RECITAL The parties desire to enter into this agreement to provide for the exclusive right and duty of EDCO to collect, transport, recycle and dispose of garbage, rubbish and recyclable material from single-family residential, multi- family, commercial, industrial and from City -occupied facilities in accordance with this agreement, the ordinances of the City of National City, the regulations established by the County of San Diego and all applicable State and Federal Laws. Roll -off containers for construction debris and for recycling are not included in this exclusive right. SECTION 1. TERM: The term of this agreement shall be from the date first written above and shall expire November 17, 1994. SECTION 2. DEFINITIONS: A. "GARBAGE" is all refuse and waste, fruit, vegetable and animal matter, prepared and intended for human consumption, and not so used. 1 B. "RUBBISH" is refuse and waste material, whether com- bustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, glass, ashes and yard waste (leaves, grass, tree and vine trimmings). It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material relating to building operations, construction or repair. It further does not include hazardous or toxic materials nor dead animals. C. "RECYCLE" or "RECYCLING" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include "transformation." D. "RECYCLABLE MATERIAL" is material that is subject to the process of recycling, and includes such items as newspaper, glass, ferrous and non ferrous metals, PET and other plastics, cardboard, mixed paper, waste paper, yard waste and other material mutually agreed upon. SECTION 3. CONTRACTOR'S OBLIGATION TO COLLECT AND RECYCLE GARBAGE AND RUBBISH: Contractor will collect and remove all combustible and noncombustible rubbish and garbage from the curbs, sidewalks or alleys within the city 2 limits of National City, as far as said garbage and rubbish is placed properly for pickup; and Contractor will provide all materials, supplies, equipment, and personnel necessary to collect said rubbish and garbage pursuant to the terms of this agreement. A .pilot curbside recycling program shall be established in October 1990. In April, May and June of 1991, the results of the pilot program will be reviewed by Contractor and by City. If agreement can be reached on the scope and price of the service, a full citywide curbside recycling program will be established in July 1991 with the costs thereof to be coordinated with the October 1991 scheduled rate review. If agreement cannot be reached, the City will advertise for bids to accomplish curbside recycling. Contractor shall collect and handle all appropriate materials included within the term "Recyclable Material" defined in Section 2, and as mandated by existing or future City, County, State or Federal legislation or requirements. Original and replacement containers for the household accumulation of recyclable material shall be provided by Contractor without charge and shall remain the property of Contractor. SECTION 4. RATES FOR CONTRACTOR'S SERVICES: Contractor shall charge no more than the maximum rate set forth in the Rate Schedule, which is exhibit "A" hereto and by this reference incorporated herein as though fully set forth here- 3 inafter. Contractor may charge less than the rates in the Rate Schedule, but not more. Any rate charged to a classifi- cation of user shall be charged uniformly to all users in that classification. In view of the unknown elements of retrieval costs of recycling, the unpredictable changes in landfill tipping fees, avoided tippingfees and the volatility of the recycling market among other factors, the rate schedules proposed by Contractor will be accompanied by a report from an outside auditing firm (to be selected by City and paid by Contractor) covering both the refuse collec- tion and recycling operations. Funds obtained from the sale of recycled items shall be used to offset other elements of cost in consideration of an appropriate rate structure. Charges to commercial or industrial customers who present large amounts of recyclable material may be offset to acknowledge the value of such material to the customer. The Rate Schedule may be modified from time to time as provided later in this agreement. SECTION 5. EXTRA COMPENSATION: In the event the volume of rubbish and/or garbage left for pickup by a user is excessive or, in the event that accessibility to pickup points is restricted or impaired, thereby causing additional cost of collection to Contractor, Contractor shall negotiate, in good faith, a collection fee with the affected user. In the event a dispute arises between Contractor and 4 a user as to the excessiveness of the volume of trash left for pickup, City shall make the final determination as to excessiveness. SECTION 6. STANDARD OF SERVICE: In rendering services pursuant to this agreement, Contractor shall use equipment that is in good operable condition, and good, clean appear- ance. All field employees of Contractor who deal with the public shall wear uniforms, first reasonably approved by the City Manager of City, and all employees shall be required by Contractor to be courteous and helpful in their dealings with the public. Contractor's employees are required to remove properly contained rubbish and garbage but have no responsibility to clean up a. littered area when the fault is overfilled containers, dumping by vandals or otherwise poor housekeep- ing. Contractor is required to clean up litter or liquid spills caused by his operation, and this must be done immediately. SECTION 7. DUMP SITE: Contractor shall either furnish its own disposal site, or use disposal sites provided to it by the County of San Diego. In any event, Contractor will not burn any combustible substances within the City of National City. All disposal activities of Contractor shall be conducted in such a way as to enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. 5 Upon 30 days written notice, City may require Contractor to use a disposal site designated by City, provided that adequate acess is available to Contractor to provide reason- able use of such a designated disposal site. In this regard, Contractor shall pay whatever reasonable use fees are charged for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. SECTION 8. FREQUENCY OF SERVICE: Contractor shall collect rubbish and garbage from residential users at least one time per week, with collections from any user being on the same day of the week, such day to be designated by Contractor. Collection from commercial, industrial, and manufactur- ing users, except recycling, shall be as frequently as agreed upon between Contractor and user, but not less often than weekly. SECTION 9. HOURS FOR COLLECTION: All collection activities of Contractor pursuant to this contract shall occur between the hours of 7:00 a.m. and 4:30 p.m. SECTION 10. CARE OF USERS' CONTAINERS: Contractor shall insure that its employees make reasonable efforts to avoid damage to users' rubbish and garbage containers. SECTION 11. SERVICE TO CITY: Contractor shall collect garbage and rubbish from City -owned property, as frequently 6 as is necessary to prevent the accumulation of rubbish or garbage on City -owned property, without charge to City. Collection service includes removal of sweeping debris. SECTION 12. BIANNUAL CLEANUP: Contractor agrees to provide two annual cleanup campaigns and to cooperate with City as to the date and manner of conducting said cleanup campaigns. SECTION 13. CONTRACTOR TO OBEY ALL LAWS IN THE PERFORM- ANCE OF THIS CONTRACT: Contractor warrants that it will comply with all Local, State and Federal laws and regula- tions applicable to its operation. SECTION 14. COLLECTION OF BULKY ITEMS: Contractor is required to establish a program for pickup, recycling as required and disposal of major household appliances (stove, refrigerator, washer, dryer, etc.), and major household furniture (couch, chair, table, mattress, etc.). Said program shall include a procedure for informing Contractor's customers of the existence of said program, and of the details of said program (e.g., pickup times). The program shall require pickup on Saturday. An appointment is required which may be made by contact with EDCO as late as Friday for pickup the following day. Provision also shall be made to ensure that set out items having doors are rendered safe by either removal of the door latch mechanism, by welding the doors shut or by removal of the doors, such action to occur within eight (8) working 7 hours of notification to Contractor by the customer. Costs for this program are considered a basic business cost to be included in overall rate establishment and without additional charge to the customer. It is understood that this program does not include removal of autos or automotive components, construction or demolition debris, dirt, sand, concrete, asphalt, etc. These type materials are to be hauled on a for -a -fee basis. Bulky items are to be set out at normal trash location. SECTION 15. INSURANCE: Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies:, A. Automobile insurance covering all bodily injury and property liability incurred during the performance of this agreement, with a minimum coverage of $10,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. B. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this agreement. C. Workers' compensation insurance covering all of its employees and volunteers. D. The aforesaid policies, except for the workers' compensation policy, shall name City and its officers, 8 Contractor full force agreement, agents, and employees as additional insureds, and shall constitute primary insurance, with respect and limited only to Contractor's performance under this City, its officers, agents and employees, agreement, as to so that any other policies held by City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to City of cancellation or material change. E. Concurrently with the execution of this agreement, Contractor shall furnish City with a certificate or other sufficient proof that the above insurance provisions have been complied with. Said certificate or other proof shall be filed with and approved does not keep all and effect at all by the City Risk Manager. If of such insurance policies in times during the term of this City may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate the agreement as provided herein. F. If any required insurance coverage is provided on a "claims made" rather than "occurrence" form, Contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this agreement. G. Insurance provisions may be updated at the option of City every three years. HOLD HARMLESS: Contractor shall at its own risk, cost and expense, indemnify, defend, and hold harmless, City, its officers, agents and employees from and against any and all liability, loss, expense, including defense costs, legal fees, and claims for damages, arising from Contractor's performance under the terms of this agreement. SECTION 16. FRANCHISE FEE: As a franchise fee, Contractor will pay the City of National City a sum of money equal to two percent (2%) of Contractor's gross collections derived from services rendered pursuant to this agreement. The franchise fee will increase to 5% effective October 1, 1992 and will increase by 1% on July 1 of each succeeding year for the remainder of the contract term. Said franchise fee will be payable on the 20th day of each month. City shall have the right, at reasonable times and places, to inspect Contractor's books and records to insure the proper and correct payment of the franchise fee. SECTION 17. EXCLUSIVE CONTRACT: City hereby grants to Contractor, during the term of this agreement, the exclusive right to collect all rubbish and garbage and recyclable material within the City of National City, as it now, or in the future, exists. City will not grant, during the term of this agreement, any other person the right to collect any rubbish or garbage or recyclable material for compensation within its city limits. Nothing herein is intended to prevent customary agreements to service commercial/indus- trial facilities for recyclable material from roll -off containers nor to prevent individuals from recycling their 10 own material nor charitable organizations from recycling donated materials. Roll -off containers for construction debris are not included in this exclusive right. SECTION 18. NOTICE OF DEFAULT OF CONTRACT: If City determines Contractor is in default of any term or condition of this agreement, it shall give Contractor written notice of said default, and Contractor shall correct said default within 30 days. If Contractor fails to correct fault to the satisfaction of City, City may, by written communication, cancel this agreement and purchase at the then fair market value all of Contractor's equipment, books, records, and supplies, used by it in the performance of this agreement, and to take immediate possession of said property and use it as City deems appropriate. SECTION 19. CITY CONTROL DURING NATURAL DISASTER OR DECLARED DISASTER OR LABOR DISPUTE: In the event of a local natural disaster or any declared disaster, City may direct and control and use all of the equipment of Contractor used by it in the performance of this agreement. Furthermore, in the event of a labor dispute, which prevents Contractor from performing the terms and conditions of this contract, City may, but need not, take over Contractor's equipment and operate the same for rubbish and garbage collection purposes within the City of National City. 11 In the event any such labor dispute is not settled within 120 days after City exercises its right to take over Contractor's equipment and operate the same, City may, but need not, purchase all of Contractor's equipment, books, and records, necessary to perform this agreement at the then fair marketvalue, cancel this agreement and use said property as it deems proper. SECTION 20. CONTRACTOR'S PERFORMANCE BOND: Contractor shall deliver to the City Treasurer a performance bond issued by a surety licensed to engage in business in the state of California, or cash or government bonds in the sum of $25,000.00 to guarantee its faithful performance of this contract. SECTION 21. CONTRACTOR'S OFFICE: During the term of this agreement, Contractor shall maintain a business office with regular office hours at a location in the City of National City, which provides convenient access to the users of Contractor's services. Contractor shall keep the City Manager of City and its users informed of the location of said office. SECTION 22. BILL AND COLLECT: Contractor shall, at its own expense, bill and collect service charges due it, pursuant to this contract. SECTION 23. APPLICATIONS FOR RATE CHANGE: Contractor may apply, annually, for changes in the rates charged 12 pursuant to this agreement. Said application shall be in writing, addressed to the City Manager of City, and contain the financial and statistical data upon which the rate change application is made. By agreement, annual "cost of living" changes will be based upon the CPI for San Diego and will be equal to the percentage change in the index with, however, a cap of 6%. Thereafter, after report and recommendation to it by its manager, the City Council will act the same applied October on said application, either grant the same, denying or granting some different rate schedule than that for. Such rate change shall be effective on 1 of each year. Changes in the rates (tipping fees) charged by the owners/operators, of sanitary landfill sites utilized by the Contractor shall be considered as "pass -through" costs. Upon fee for notification to the Contractor of a proposed tipping change, the Contractor should submit a letter request rate change to the City, defining the impact of such change on his costs, and proposing a rate change that will exactly recoup the tipping fee change. Any approved rate change reflecting a change in tipping fees may be concurrent with the change in tipping fees. SECTION 24. NON -ASSIGNABILITY: Contractor's rights and duties under this contract cannot be assigned, in whole or in part, without the consent of the City Council first 13 obtained in the form of a resolution duly passed and adopted. SECTION 25. INDEPENDENT CONTRACTORS: City and Contractor are independent contractors with respect to each other, and none have the authority to incur obligations of any kind in the name of or for the account of each other, or to commit or bind each other without the other's written consent. SECTION 26. COMPLIANCE WITH APPLICABLE LAW: Contractor, in the performance of the service to.be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. SECTION 27. PRIOR AGREEMENTS. This agreement shall supersede all prior agreements between City and Contractor. CITY OF NATIONAL CITY APPROVED AS TO RM BY: George H. Eiser, 111 City Attorney ATTEST: By: (YkA. Vft CITY CLERK EDCO DISPOSAL CORPORATION By:4A,48,airAJ 14 NATIONAL CITY RATE SCHEDULE 10-01-90 RUBBISH AND GARBAGE MONTHLY RATE 1. Residential Per month residential single family properties. For the second and each additional residential unit in multiple dwellings which do not exceed four units 2. Trailer Parks and Motels ($5.00 Min.) One time per week, per unit, per month 3. Apartment Houses (no minimum) One time per week, per unit, per month 4. Senior Citizen - Residential Per month 8.75 6.60 6.20 6.15 7.10 EXHIBIT 1 NATIONAL CITY RATE SCHEDULE 10-01-90 RUBBISH AND GARBAGE MONTHLY RATE 1. Residential Per month residential single family properties. For the second and each additional residential unit in multiple dwellings which do not exceed four units 2. Trailer Parks and Motels ($5.00 Min.) One timeper week, per unit, per month 3. Apartment Houses (no minimum) One time per week, per unit, per month 4. Senior Citizen - Residential Per month 8.75 6.60 6.20 6.15 7.10 EXHIBIT A NATIONAL CITY RATE SCHEDULE 10-1-90 RUBBISH AND GARBAGE (COMMERCIAL AND INDUSTRIAL MONTHLY ESTABLISHMENTS) RATE Up to (2) 40 gallon containers One time per week - per month Up to (2) 40 gallon containers Two times per week - per month Up to (2) 40 gallon containers Three times per week - per month Up to (2) 40 gallon containers Four times per week - per month Up to (2) 40 gallon containers Daily (Six days/Monday thru Saturday) Additional or unusual accumulation of rubbish 10.25 16.30 21.00 25.95 33.90 6.15 NATIONAL CITY RATE SCHEDULE 10-1-90 BOX TYPE REFUSE SERVICE NUMBER COLLECTION YARDS PER MONTHLY OF BINS FREQUENCY MONTH RATE 1 1 13 54.25 1 2 26 87.30 1 3 39 120.35 1 4 52 153.40 1 5 65 186.50 1 6 78 219.50 1 7 91 271.75 2 1 26 110.20 2 2 52 174.00 2 3 78 238.95 2 4 104 306.80 2 5 130 355.55 2 6 156 404.85 2 7 182 475.60 3 1 39 161.25 3 2 78 255.20 3 3 117 349.15 3 4 156 405.15 3 5 195 523.75 3 6 234 630.45 3 7 273 777.80 4 1 52 197.20 4 2 104 321.30 4 3 156 445.75 4 4 208 522.00 4 5 260 673.95 4 6 312 759.20 4 7 364 999.90 5 1 65 234.30 5 2 130 388.60 5 3 195 543.15 5 4 260 667.00 5 5 325 801.00 5 6 390 966.85 5 7 455 1186.10 6 1 78 271.15 6 2 156 455.90 6 3 234 640.60 6 4 312 737.20 6 5 390 892.60 6 6 468 1086.35 6 7 546 1336.00 By: FIRST AMENDMENT TO THAT CERTAIN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ED BURR, DOING BUSINESS AS EDCO DISPOSAL CORPORATION DATED SEPTEMBER 6, 1977. t b575 - WHEREAS,City y the of National City, hereinafter referred to as "CITY" and ED BURR, doing business as EDCO DISPOSAL CORPORATION, herein- after referred to as "CONTRACTOR", did on the 6th day of September, 1977. enter into an agreement providing for contractor to have an exclusive right to collect "rubbish" and "garbage" in the City, and NOW, THEREFORE, the parties hereto, for and in consideration of the mutual covenants herein expressed and for other good and sufficient consi- deration, do agree as follows: Section 21. Term of Contract. Section 21 of the agreement of the 6th day of September, 1977, by and between City and contractor, is hereby amended to read as follows: Section 21. The term of this contract shall be from November 18, 1980 until November 17,1990. IN WITNESS WHEREOF the parties hereto have executed this agreement the -'/ day of slkimrT 1980. CITY OF NATIONAL KIL ayor EDCO DISPOSAL CORPORATION B r.eabie 2 U 2i ED BURR AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY BY AND BETWEEN THE CITY OF NATIONAL CITY AND EDCO CORPORATION FOR SERVICES RENDERED WHEREAS, EDCO CORPORATION (Contractor) is the suc- cessor in interest to rights to collect trash, rubbish, and garbage in the CITY OF NATIONAL CITY (City) pursuant to a contract executed on the 6th day of August, 1962 between the City and Raymond T. Keener, and WHEREAS, various amendments to the aforementioned contract have occurred in the intervening years, and WHEREAS, Contractor desires the City's consent to an increase in rates for services rendered by and pursuant to said contract, and WHEREAS, City and Contractor desire to make other minor modifications of said contract; NOW, THEREFORE, for and in consideration of the con- sideration herein contained, and for other good and fair con- sideration, the parties hereto do agree as follows: SECTION 1. DEFINITIONS: A. GARBAGE is defined as refuse and waste, fruit, vegetable and animal matter, prepared and intended for human consumption,'and not so used. B. RUBBISH is refuse and waste material, whether combustible or noncombustible, not included within the defini- tion of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans; ashes, tree and vine trip mings. It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material pertaining to building op- erations, construction or repair, water heaters or furniture. SECTION 2. CONTRACTOR'S OBLIGATION TO COLLECT GARBAGE AND RUBBISH: The Contractor will collect and remove all combustible and noncombustible rubbish and garbage from the curbs, sidewalks or alleys within the City limits of National City, so far as said garbage and rubbish is placed properly for pickup; and the Contractor will provide all materials supplies, equipment, and personnel necessary to collect said rub- bish and garbage pursuant to the terms of this agreement. SECTION 3. RATES FOR CONTRACTOR'S SERVICES: Contractor shall charge no more than the maximum rate set forth in the Rate Schedule which is Exhibit "A" hereto and by this reference incorporated herein as though fully set forth herein- after. Contractor may charge less than the rates in the Rate Schedule, but not more. Any rate charged to a classification of user shall be charged uniformly to all users in that classi- fication. SECTION 4. EXTRA COMPENSATION: In the event the volume of rubbish and/or garbage left for pickup by a user is greater than the volume limits set forth on Exhibit "A", or, in the event that accessability to pickup points is restricted or impaired, thereby causing additional cost of collection to Contractor, the Contractor shall negotiate, in good faith, a collection fee with the affected user. 2 SECTION 5. STANDARD OF SERVICE: In rendering services pursuant to this contract, Contractor shall use equipment which is in good, operable condition, and good, clean appearance. All employees 'of Contractor who deal with the public shall wear uniforms, first reasonably approved by the City Manager of City, and said employees shall be required by Contractor to be courteous and helpful in their dealings with the public. SECTION 6. DUMP SITE: Contractor shall either fur- nish its own disposal site, or use disposal sites provided to it by the County of San Diego. In any event, Contractor will not burn any combustibles within the City of National City. • All disposal activities of Contractor shall be conducted in such a way as to enhance, and not impair, the health, welfare, sanitation and safety of the people of the City of National City. Upon 30 days written notice, the City may require Contractor to use a disposal site designated by it, provided that adequate access is available to Contractor to provide reasonable use of such a designated disposal site. In this regard, Contractor shall pay whatever reasonable use fees the City charges for such a designated disposal site, and said fees shall be an operating expense for purposes of setting rates hereunder. SECTION 7. FREQUENCY OF SERVICE: Contractor shall collect rubbish and garbage from residential users at least one per week, with collections from any user being on 3 the same day of the week, such day to be designated by the Contractor. In this regard, Contractor shall not require residential users to segregate rubbish and garbage into sep- arate containers. Collection from commercial, industrial, and manu- facturing users shall be as frequently as agreed upon between Contractor and user, charges being according to the Rate Schedule (Exhibit N A VI ) SECTION 8. HOURS FOR COLLECTION: All collection activities of Contractor pursuant to this contract shall occur between the hours of 7:00 a.m. and 4:30 p.m. SECTION 9. CARE OF USER'S CONTAINERS: Contractor shall insure that its employees make reasonable efforts to avoid damage to user's rubbish and garbage containers. SECTION 10. FREE SERVICE TO CITY: Contractor shall collect garbage and rubbish from City owned property, as fre- quently as is necessary to prevent the accumulation of rubbish or garbage on City owned property, without charge to the City. Free collection service includes service to City owned housing units. SECTION 11. INSURANCE: During the term of this contract, Contractor shall maintain a policy of public lia- bility and property damage insurance with combined single limits of at least $500,000.00, and $50,000.00 as to property damage,on which policy the City of National City shall be named as a co-insured. The existence of said insurance shall 4 be evidenced by delivery to the City of a Certificate of Insurance requiring 30 days written notice of cancelation of said insurance to the City in care of its City Manager at his office in the Civic Center, 1243 National Avenue, National City, California. Contractor will likewise maintain, and deliver to the City a similar certificate, workers compensation insurance covering all of its employees. SECTION 12. CONTRACTOR TO OBEY ALL LAWS IN THE PERFORMANCE OF THIS CONTRACT: The Contractor warrants that it will comply with all local, state and federal laws and regula- tions applicable to its operations. SECTION 13. FRANCHISE FEE: As a franchise fee the Contractor will pay the City of National City a sum of money equal to two percent (2%) of its gross receipts derived from services rendered pursuant to this agreement. Said franchise fee will be payable annually on the 30th day of June. City shall have the right, at reasonable times and places, to inspect Contractor's books and records to insure the proper and cor- rect payment of the franchise fee. Upon six months written notice, City may increase the franchise fee to a maximum of four -percent of gross receipts. 'In this regard Contractor will keep its books and records in National City, will deliver them for inspection to the office of the City Manager, Civic Center, National City, California, upon demand. SECTION 14. EXCLUSIVE CONTRACT: To the extent it is legally able, the City hereby grants to Contractor, during the term of this agreement, the exclusive right to collect all rubbish and garbage within the City of National City, as it now, or in the future, exists. The City will not grant, during the term of this agreement, any other person the right to collect any rubbish or garbage for compensation within its City limits. SECTION 15. NOTICE OF DEFAULT OF CONTRACT: If City determines Contractoris in default of any term or con- dition of this agreement, it shall give Contractor written notice of said default, and Contractor shall correct the same within 30 days. If Contractor fails to correct said default within 30 .days, City may, by written communication, cancel this agreement and purchase at the then fair market value all of the Contractor's equipment, books, records, and supplies, used by it in the performance of this agreement, and to take immediately possession of said property and use it as the City deems appropriate SECTION 16. CITY CONTROL DURING NATURAL DISASTER OR DECLARED DISASTER OR LABOR DISPUTE: In the event of a local natural disaster or any declared disaster, the City may direct and control and use all of the equipment of the Contractor used by it in the performance of this agreement. Furthermore, in the event of a labor dispute which prevents contractor from performing the terms and conditions of this contract, City may, but need not, take over Contractor's equipment and operate the same for rubbish and garbage collectio purposes within the City of National City. 6 In the event any such labor dispute is not settled within 120 days after City exercises its right to take over Contractor's equipment and operate the same, the City may, but need not, purchase all the Contractor's equipment, books, and records, necessary to perform this agreement at.the then fair market value, cancel this agreement and use said property as it deems proper. SECTION 18. CONTRACTOR'S PERFORMANCE BOND: Contract- or shall deliver to the City Treasurer a performance bond is- sued by a surety licensed to engage in business in the state of California, or cash, or government bonds in the sum of $25,000.00 to guarantee its faithful performance of this contract. SECTION 19. CONTRACTOR'S OFFICE: During the term of this agreement, Contractor shall maintain a business office with regular office hours at a location in the City of National City which provides convenient access to the users of Contractor': services. Contractor shall keep the City Manager of City and its users informed of the location of said office. SECTION 20. BILL AND COLLECT:'. The Contractor shall, at its own expense, bill and collect service charges due it pursuant to this contract. SECTION 21. TERM OF CONTRACT: The term of this contract shall be from September 1, 1977 to 31st day of August, 1982. 3 47 a / g oo v qg6 k Pl,nr..1 7 I e L16 V 066 10 17 Kl o\l 1 c1 q 0 SECTION 22. APPLICATIONS FOR RATE CHANGE: Contractc may, from time to time, apply for changes in the'rates•charged pursuant to this agreement. Said application shall be in writing, addressed to the City Manager of City, and contain the financial and statistical data upon which the rate change application is made. Thereafter, after report and recommendation to it by its manager, the City Council will act on said application, either grant the same, denying the same or granting some different rate schedule than that applied for. SECTION 23. NON -ASSIGNABILITY: Contractor's rights and duties under this contract cannot be assigned, in whole or in part, without the consent of the City Council first ob- tained in the form of a Resolution duly passed and adopted. Dated this ATTEST: �AL City Clerk 8 day of September, 1977. CITY OF NATIONAL CITY BY: KILE MORGAN, Mayor EDCO CORPORATION BY: sgt EDWARD BURR, President San Diego County Franchise City Rates Proposed July 1, 2013 Residential Rates City Total Effective Date National City $17.47 Proposed 7/1/13 Chula Vista $17.49 Effective 9/1/12 Escondido $18.13 Effective 1/1/12 Coronado $18.65 Proposed 7/1/13 La Mesa $19.09 Proposed 7/1/13 Del Mar $19.23 Proposed 7/1/13 Santee $19.51 Proposed 7/1/13 Encinitas $19.59 Proposed 7/1/13 Vista $19.85 Proposed 7/1/13 Oceanside $19.87 Proposed 7/1/13 Carlsbad $20.20 Proposed 7/1/13 Lemon Grove $20.44 Proposed 7/1/13 Chula Vista $20.58 Effective 9/1/12 San Marcos $20.88 Effective 7/1/12 Poway $20.91 Proposed 7/1/13 El Cajon $21.61 Proposed 7/1/13 Solana Beach $23.72 Proposed 7/1/13 Imperial Beach $27.81 Effective 7/1/13 Mayor Ron Morrison Council Members Louis Natividad Alejandra Sotelo-Solis Mona Rios Jerry Cano �� 18 87 1-- IWCOE'roR& D Office of the City Attorney MEMORANDUM TO: Mayor and City Council FROM: Senior Assistant City Attorney City Attomey Claudia Gacitua Silva Deputy City Attorney Jennifer Knight DATE: May 21, 2013 SUBJECT: Proposition 218 and Proposition 26 Analysis of EDCO's Proposed Increase in Rates for Refuse Collection Services INTRODUCTION The City of National City and EDCO Disposal Corporation ("EDCO") entered into the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation, dated September 25, 1990 ("Agreement"). The Agreement has been amended several times. The last amendment was on July 1, 2007 to adjust the rate schedule. Section 23 of the Agreement discusses applications for rate changes, annual "cost of living" changes, and "changes in the rates (tipping fees) charged by the owners/operators of sanitary landfill sites ... " This Section allows EDCO to apply annually for changes in the rates charged pursuant to the Agreement. This Section goes on to say that "upon notification to [EDCO] of a proposed tipping fee change, [EDCO] should submit a letter request for rate change to the City, defining the impact of such change on his costs, and proposing a rate change that will exactly recoup the tipping fee change." Section 23 says that the application must be in writing and contain the financial and statistical data upon which the rate change application is made. Section 23 also says that the tipping fees "shall be considered as `pass -through' costs." In addition, Section 23 says that the annual "cost of living" changes will be based upon the Consumer Price Index ("CPI") for San Diego and will be equal to the percentage change in the index, with a cap of 6%. EDCO has applied for an increase in rates pursuant to Section 23. The increase is based on an increase in tipping fees, a decrease in revenue from recyclables sold, and an increase based on the CPI of 2.71%. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 . Fax: (619) 336.4327 ANALYSIS I. THE PROPOSED INCREASE TO THE FEES FOR REFUSE COLLECTION SERVICES IS SUBJECT TO THE NOTICE AND MAJORITY PROTEST REQUIREMENTS OF PROPOSITION 218, BUT NOT TO THE VOTER APPROVAL REQUIREMENTS. In 1996, voters passed Proposition 218 to amend the California Constitution to require voter approval for certain kinds of assessments and fees. Shortly thereafter, the California Legislature adopted the Proposition 218 Omnibus Implementation Act, California Government Code sections 53750 through 53756. Proposition 218 provides that voter approval is required for an increase in any "property related fee or charge" except for sewer, water, and refuse collection: Except for fees or charges for sewer, water, and refuse collection services, no property related fee or charge shall be imposed or increased unless and until that fee or charge is submitted and approved by a majority vote of the property owners of the property subject to the fee or charge, or at the option of the agency, by a two-thirds vote of the electorate residing in the affected area. Cal. Const. art. XIIID, section 6(c). Although charges for refuse collection services are not subject to the voter approval requirements of section 6(c), the City must comply with the notice and majority protest requirements of Article XIIID, section 6(a). Cal. Const. art. XIIID, section 6(c). Cal. Gov't Code section 53755. A. The City has Complied with the Proposition 218 Notice Requirements. Pursuant to Proposition 218, the City must provide written notice by mail of the proposed increase in the fee to the "record owner of each identified parcel" upon which the increase in the fee is proposed for imposition. "Record owner" means the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll. Cal. Gov't Code section 53750(j). The notice shall include: (a) the amount of the increase in the fee proposed to be imposed upon each parcel; (b) the basis upon which the amount of the increase in the fee proposed fee was calculated; (c) the reason for the increase in the fee; and (d) the date, time, and location of a public hearing on the proposed increase to the fee. Cal. Const. art. XIIID, section 6(a). May 21, 2013 2 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase Notice of the proposed increase in the fee may be given by including it in the agency's regular billing statement for the fee or by any other mailing by the agency to the address to which the agency customarily mails the billing statement for the fee. Cal. Gov't Code section 53755(a)(1). However, this Section does not change the definition of "record owner" in California Government Code section 53750(j). Therefore, if the property tax rolls provide an address for the owner of the parcel that is different than the billing or service address, a notice must be sent to the "record owner" as defined by California Government Code section 53750(j). A copy of the Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services (Notice) is attached. It complies with all of the requirements of Proposition 218. EDCO included the Notice in the regular billing statement for refuse services. If the property tax rolls provided an address for the owner of the parcel that is different than the billing or service address, EDCO also sent the Notice to the "record owner" of the parcel as defined by California Government Code section 53750(j).1 B. The City Must Comply with the Proposition 218 Majority Protest Requirements. Pursuant to Proposition 218 and the implementing legislation, the City must comply with the following requirements: 1) The City must conduct a public hearing on the proposed increase to the fee not less than 45 days after mailing the notice. 2) During the public hearing, the City Council must hear and consider all objections and protests against the proposed increase in the fee. However, verbal protests will not be counted in calculating a majority protest to the proposed increased fee. 3) The City shall count one written protest per parcel, filed by an owner or tenant of the parcel in calculating a majority protest to the proposed increased fee. 4) The written protest must be received by the City Clerk prior to the close of the public hearing. The written protest must include an original signature, identification of the parcel by parcel number or address, and a statement of protest against the increase in the rate. Written protests by e-mail or fax will not be accepted. 5) If written protests against the proposed increase in the fee are presented by a majority of owners of the identified parcels, the City shall not impose the increase to the fee. Cal. Const. art. XIIID, section 6. Cal. Gov't Code section 53755. The City has preserved any authority it may have to record or enforce a lien on the parcel to which service is provided by mailing the Notice to the record owner's address shown on the last equalized assessment roll if that address is different than the billing or service address. May 21, 2013 3 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase II. THE PROPOSED INCREASE IN THE FEES FOR REFUSE COLLECTION SERVICES IS NOT A SPECIAL TAX UNDER PROPOSITION 26. A. There are Seven Exceptions to the Definition of a Special Tax under Proposition 26. Proposition 26 was adopted by the voters in November 2010. Proposition 26 is a constitutional amendment which expands the revenue -raising restrictions placed on state and local governments by the constitutional amendments adopted by Propositions 13, 62, and 218. Since the enactment of Proposition 218, all "taxes" imposed by local government are either general taxes or special taxes. Cal. Const. art. XIII C, section 2(a). Special taxes are taxes imposed for a specific purpose, as distinguished from general taxes which are imposed for general governmental purposes. Cal. Const. art. XIII C, sections 1(a), (d). Given that the proposed increase in fees for refuse services is assessed for a specific purpose, and the funds generated from the proposed increase are not to be used for general governmental purposes, it is analyzed as a special tax. Local governments may not "impose, extend, or increase" any special tax without a two-thirds vote of the electorate. Ca1. Const. art. XIII C, section 2(d). Prop 26 added a broad definition of "tax" to the State Constitution. Griffith th v. City of Santa Cruz, 207 Cal. App. 4th 982, 995-996 (2012). A tax is "any levy, charge, or exaction of any kind imposed by a local government," unless it falls within one of the following seven exceptions: (1) A fee for a benefit or privilege provided directly to the fee payer that is not provided to those not charged and that does not exceed the reasonable cost of providing the benefit or privilege; (2) A fee for a service or product provided directly to the fee payer that is not provided to those not charged and that does not exceed the reasonable cost of providing the service or product; A fee for reasonable regulatory costs for issuing licenses and permits, performing investigations, inspections, audits, and administrative enforcement and adjudication; (4) A fee for entrance to or use of local government property or the purchase, rental, or lease of local government property; (5) A fine or penalty imposed by the judiciary for a violation of law; (6) A charge imposed as a condition of property development; and (7) Assessments and property -related fees imposed pursuant to Proposition 218. Ca1. Const. art. XIII C section 1(e). May 21, 2013 4 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase (3) Under Proposition 26, the City bears the burden of proving that the fee is not a "tax," that the amount charged is no more than necessary to cover reasonable costs, and that the allocation of those costs among fee payers bears a fair or reasonable relationship to the fee payer's burdens on, or benefits received from, the local government activity. Id. Proposition 26 does not apply retroactively to existing local fees and charges. See Proposition 26 section 1 Findings and Declaration of Purpose; Strauss v. Horton, 46 Cal. 4th 364, 470 (2009); Ballot Pamphlet, General Elec. (Nov. 2, 2010) Legislative Analyst's Analysis pp. 58-59. Thus, absent an adjustment, a pre-existing fee would not be impacted by Proposition 26. B. The Proposed Increase in Fees for Refuse Collection Services is not a Special Tax Under Proposition 26 because the Proposed Increase is an Increase to Propertv-Related Fees. The proposed increase in the fees for refuse collection services is based, in part, on an increase in tipping fees. Pursuant to Section 23 of the Agreement, tipping fees are considered as "pass - through" costs to the customers and are part of the refuse collection rate. Fees for refuse collection services are property -related fees subject to Proposition 218. See Section I of this Memorandum. According to Exception 7 to Proposition 26, property -related fees imposed pursuant to Proposition 218 are excluded from the definition of a special tax under Proposition 26. Cal. Const. art. XIII C section 1(e)(7). Therefore, the proposed increase in the fees for refuse collection services is not a special tax under Proposition 26. CONCLUSION The City has complied with the notice requirements of Proposition 218 with regard to the proposed increase in fees for refuse collection services. The City will comply with the Proposition 218 majority protest requirements with regard to that proposed increase. The proposed increase in fees for refuse collection services is not a special tax under Proposition 26. Elisa A. Cusato Senior Assistant City Attorney cc: City Manager Public Works Director May21, 2013 5 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase City of National City Notice of Public Hearing to Consider Proposed Rate Increase for Refuse Services Notice is hereby given that the City Council of the City of National City will hold a Public Hearing at a regular meeting of the City Council of the City of National City on June 4, 2013, at 6:00 PM, in the Council Chamber of the Civic Center at 1234 National City Blvd., National City, California, 91950 for the purpose of considering an increase in rates for refuse services, including recycling and yard waste disposal. At the public hearing, the City Council will consider written protests to the proposed increase in rates received by the City Clerk, City of National City, at 1243 National City Blvd. prior to the conclusion of the public hearing. Only one protest per parcel will be counted. The written protest must include (1) an original signature; (2) identification of the parcel by parcel number or address; and (3) a statement of protest against the increase in the rate. Written protest by e-mail or fax will not be accepted. All members of the public are entitled to make comments and objections at the public hearing whether or not they choose to submit a written protest. However, verbal protests will not be accepted. A rate adjustment is being proposed due to the increased costs of providing refuse services to residential and commercial users. The amount of the increase to the residential rate was calculated by adding $0.27 to the rate for refuse, based on an increase in the tipping fee of $2.17 per ton; adding $0.01 to the rate for yardwaste, based on an increase in the tipping fee of $1.29 per ton; adding $0.18 to the recycling rate, based on the reduced revenue on collected recycling and the impacts of scavenging; and adding $0.28 based on the San Diego Consumer Price Index (CPI) of 2.71%. The amount of the increase to the commercial rates was calculated by adding $1.86 to the rate for refuse, $0.06 to the rate for yardwaste, $1.23 to the rate for recycling, and $1.69 based on the CPI. The amounts of the increases to the commercial rates were calculated based on the same increases to the tipping fees, impacts on recycling, and CPI index. An increase to the City Franchise Fee and Enterprise Fund of $.09 for residential and $.64 for commercial rates is also included in the overall adjustment. The increase of $0.83 cents per month for residential users and $5.48 per month for commercial users would be effective for basic service subscribers. The proposed increase in rates for refuse services would to take effect on July 1, 2013. Additional information pertaining to this matter may be obtained from the Public Works Department, 2100 Hoover Avenue, National City, California, 91950. Current Monthly Rate (eff 7/2/07) Proposed Monthly Rate (7/1/13) Residential Service Rate Base Rate Senior Discount Rate Silver Bag Rate $16.64 $13.32 $ 2.28 per bag $17.47 $13.99 $ 2.39 per bag May21, 2013 6 Prop 218 and 26 Analysis of EDCO's Proposed Rate Increase AMENDMENT TO AGREEMENT FOR COLLECTION OF RUBBISH AND TRASH IN THE CITY OF NATIONAL CITY BY AND BETWEEN THE CITY OF NATIONAL CITY AND EDCO DISPOSAL CORPORATION FOR SERVICES RENDERED This Amendment to the Agreement for Collection of Rubbish and Trash in the City of National City by and between the City of National City and EDCO Disposal Corporation for Services Rendered ("Agreement") is entered into on this 4th day of June, 2013, between the City of National City ("City") and EDCO Disposal Corporation ("Contractor"). RECITALS A. On September 25, 1990, the City and Contractor entered into the Agreement providing for refuse collection services. B. Pursuant to Section 4 of the Agreement, titled "Rates for Contractor's Services", Contractor shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A", attached to and incorporated into the Agreement. C. The Agreement was amended on June 22, 1993, pursuant to Resolution No. 93-86; on November 9, 1993, pursuant to Resolution No. 93-176; on June 21, 1994, pursuant to Resolution No. 94-88; on September 16, 1997, pursuant to Resolution No. 97-119; on June 12, 2001, pursuant to Resolution No. 2001-88; on May 20, 2003, pursuant to Resolution No. 2003 - 64; June 21, 2005, pursuant to Resolution No. 2005-134; and on June 5, 2007, pursuant to Resolution No. 2007-1 16. D. Contractor has applied for an increase in rates pursuant to Section 23 of the Agreement. AGREEMENT 1. Exhibit "A" is deleted and replaced in its entirety with the Rate Schedules titled "RESIDENTIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013" and "COMMERCIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013", attached to and incorporated into this Amendment. 2. The increased rates reflected in the attached Rate Schedules are effective July 1, 2013. 3. Except as provided in this Amendment, all of the provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on the date written above. --- Signature Page to Follow --- CITY OF NATIONAL CITY EDCO DISPOSAL CORPORATION By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: John Snyder Vice President and General Manager Amendment for Rate Increase 2 City of National City and June 4, 2013 EDCO Disposal Corporation RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND EDCO DISPOSAL CORPORATION TO INCREASE THE MONTHLY RATES FOR REFUSE COLLECTION SERVICES WHEREAS, on September 25, 1990, the City of National City and EDCO Disposal Corporation ("EDCO") entered into The Agreement for Collection of Rubbish and Trash between the City of National City and EDCO Disposal Corporation ("Agreement") providing for refuse collection services; and WHEREAS, the Agreement was amended on June 22, 1993, pursuant to Resolution No. 93-86; on November 9, 1993, pursuant to Resolution No. 93-176; on June 21, 1994, pursuant to Resolution No. 94-88; on September 16, 1997, pursuant to Resolution No. 97-119; on June 12, 2001, pursuant to Resolution No. 2001-88; on May 20, 2003, pursuant to Resolution No. 2003 - 64; June 21, 2005, pursuant to Resolution No. 2005-134; and on June 5, 2007, pursuant to Resolution No. 2007-116; and WHEREAS, pursuant to Section 23 of the Agreement, titled "Applications for Rate Change", EDCO may apply annually for changes in the rates charged; and WHEREAS, EDCO has applied for an increase of $.83 per month to the residential rate, and $5.48 per month to the standard commercial rate; and WHEREAS, the proposed increases are based on an increase in the tipping fees at the landfill, the decrease in revenue from recyclables sold, and the San Diego Consumer Price Index; and WHEREAS, pursuant to Section 4 of the Agreement titled "Rates for Contractor's Services", EDCO shall charge no more than the maximum rate set forth in the Rate Schedule, which is set out in Exhibit "A" to the Agreement, and WHEREAS, the proposed Amendment to the Agreement will replace Exhibit "A" with the Rate Schedules titled "RESIDENTIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013" and "COMMERCIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013"; and WHEREAS, the proposed increases in rates reflected in the Rate Schedules will be effective July 1, 2013,and WHEREAS, on June 4, 2013, the City Council held a public hearing on the proposed increases in rates; and WHEREAS, during the public hearing, the City Council heard and considered all oral objections and protests against the proposed increases in rates; and WHEREAS, prior to the conclusion of the public hearing, the City Clerk received all written protests to the proposed increases in rates; and Resolution No. 2013 — Page Two WHEREAS, the City Clerk counted the written protests; and WHEREAS, written protests against the proposed increases in rates were not presented by a majority of the owners or the tenants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to execute the Amendment to the Agreement between the City of National City and EDCO Disposal Corporation to increase the rates charged for refuse collection services by replacing Exhibit "A" with the Rate Schedules titled "RESIDENTIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013" and "COMMERCIAL RATES ADJUSTMENT NATIONAL CITY, Rate Adjustment — July 2013". PASSED and ADOPTED this 4th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "EETING DATE: June 4, 2013 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of 165 feet of red curb "No Parking" and signage in front of 2303, 2311, and 2321 S. Lanoitan Avenue. (TSC-2013-07). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on May 8, 2013 the Traffic Safety Committee approved installation of 165 feet of red curb "No Parking" and signage in front of 2303, 2311, and 2321 S. Lanoitan Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on May 8, 2013 (TSC 2013-07) 3. Resolution Explanation Mr. Eric Peterson has requested installation of red curb "no parking" in front of his residence at 2311 S. Lanoitan Ave to improve visibility when exiting his driveway. Mr. Peterson states that when vehicles park adjacent to his driveway visibility is obscured. He stated that most of the parking impacts are related to parents picking up / dropping off their children, as Lincoln Acres Elementary School is located directly across the street from Mr. Peterson's house. While the City previously installed approximately 330 feet of Passenger Loading Zone adjacent to the school, some parents chose to load across the street. He is concerned about the safety of the children. Review of traffic collision history indicated no "reported" accident within recent years. Staff performed a site evaluation and recommended installing 20 feet of red curb south of Mr. Peterson's driveway and 10 feet north of the driveway to improve visibility and discourage drivers from blocking his driveway. In addition to Mr. Peterson, Mr. and Mrs. Sandoval, residents of 2303 S. Lanoitan Avenue, and Mr. Mikoczi, resident of 2321 S. Lanoitan Avenue, attended the Traffic Safety Committee Meeting held on May 8, 2013. All of these residents requested installation of red curb "No Parking" in front of their properties to discourage parents from parking on the east side of the street. They want to encourage parents to drop-off/pick-up their children on the west side of the street, adjacent to the school, for safety. The Traffic Safety Committee voted unanimously to amend the staff recommendation to include installation of 165 feet of red curb "No Parking" with signage in front of 2303, 2311, and 2321 S. Lanoitan Avenue. If approved, all work will be performed by the City Public Works Department. Recommended Improvements Install 51 feet of new red curb (Loss of two parking spaces) Install 98 feet of new red curb (Loss of five parking spaces) 00Q cirea 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR May 8, 2013 ITEM TITLE: PREPARED BY: DISCUSSION: ITEM NO. 2013-07 REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" IN FRONT OF 2311 S. LANOITAN AVENUE (BY E. PETERSON) Kenneth Fernandez, E.I.T., Engineering Division Mr. Eric Peterson has requested installation of red curb "no parking" in front of his residence at 2311 S. Lanoitan Ave to improve visibility when exiting his driveway. Mr. Peterson states that when vehicles park adjacent to his driveway visibility is obscured. He stated that most of the parking impacts are related to parents picking up / dropping off their children, as Lincoln Acres Elementary School is located directly across the street from Mr. Peterson's house. While the City previously installed a Passenger Loading Zone adjacent to the school, some parents chose to load across the street. He is concerned about the safety of the children. Review of traffic collision history indicated no "reported" accident within recent years. Staff performed a site evaluation and recommends installing 20 feet of red curb south of Mr. Peterson's driveway and 10 feet north of the driveway to improve visibility and deter drivers from blocking his driveway. This would result in the Toss of one on -street parking space. STAFF RECOMMENDATION: In order to improve visibility for vehicles exiting the residential driveway to 2311 S. Lanoitan Avenue and to deter drivers from blocking the driveway, staff recommends installing 20 feet of red curb "No Parking" south of the driveway and 10 feet north of the d riveway. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2013-07 -2- ERIC E. PETERSON February 13, 2013 The Honorable Ron Morrison Mayor of National City 1243 National City Blvd National City, CA 91950 Dear Mr. Morrison, I'm writing to alert you to an issue of safety and of potential legal liability and to suggest how to solve the problem. I live directly across from Lincoln Acres Elementary on South Lanoitan Avenue. On a couple of occasions just this school year, I have come close to hitting a car as it travels northbound. You see, South Lanoitan Avenue rises up going northbound away from 24th Street. With cars parked on the street on either side of my driveway, I can't see around these vehicles. If 1 want to exit my driveway during the end of a school session I have to inch my way out into the street to wam oncoming traffic that I'm exiting. But only when I'm halfway out in the street, can oncoming traffic see me. Just this school year, despite creeping out into the street in an attempt to see what traffic in coming northbound, oncoming traffic has come close to hitting my vehicle twice because they either didn't see me or were going to fast to stop safely. Damaging my vehicle would be bad but hitting a child would be much worse. When a school session is ending it is organized chaos with this small street clogged with heavy traffic, people jockeying for position to park and children running back and forth across the street to parents waiting in parked cars. This situation is untenable and is ripe for tragedy. I don't think it's a question of if but when a child get hit by a car thereby leaving the school district and National City vulnerable to legal liability. Fortunately, there is a solution that my neighbor Mr. Gilbert Sandoval has proposed. In the back of Lincoln Acres Elementary, serviced by a double gate, is a lot of empty ground. With a minimum of expense this area could be used as a staging area for parents to drop off and pick up their children. Mr. Sandoval has also suggested that the curbs along the school be painted red preventing parking on the street thereby increasing visibility. By so doing the traffic situation is improved, child safety is increased and exposure to possible legal liability is significantly decreased. This plan has yet another added benefit, it facilitates less of an opportunity for a child predator to case the school and abduct a victim. I have been watching this situation unfold everyday during the school year for over ten years while living on this otherwise quiet street. Even though frustrating at times, I never thought to ask for change because I couldn't think of a solution. But after nearly getting hit by oncoming traffic and with knowledge of Mr. Sandoval's solution, i thought it was time to be beard. Mr. Sandoval has given me permission to write about his suggesdon and has asked that you contact him with any of your questions. Feel free to contact me as well if you desire. Better yet, come and witness for yourself the situation as I have described it. Once you do, I'm sure you'll be compelled to do something about it. Thank you for your consideration of this problem. Sincerely, Eric Peterson cc: Brian Clapper Gilbert Sandoval 2311 LANOITAN AVENUE • NATIONAL CITY CA 91950 619-475-4487 • eet,0140,cox.com -3- Location Map Install 20 feet of new red curb south of driveway apron (Loss of one parking space) 2311 S. Lanoitan Ave, location of proposed red curb (across street looking east) 2311 S. Lanoitan Ave, location of proposed red curb (looking northeast). -5- Driver's view when exiting driveway of 2311 S. Lanoitan Ave, (looking south/left) Driver's view when exiting driveway of 2311 S. Lanoitan Ave, (looking north/right) -6- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 165 FEET OF RED CURB "NO PARKING" WITH SIGNAGE IN FRONT OF 2303, 2311, AND 2321 SOUTH LANOITAN AVENUE WHEREAS, a resident has requested installation of red curb "No Parking" in front of his residence at 2311 South Lanoitan Avenue to improve visibility when exiting his driveway, and to prevent vehicles from blocking egress and ingress when picking up or dropping off children at Lincoln Acres Elementary School; and WHEREAS, after a site evaluation, staff recommends the installation of 20 feet of red curb south of the driveway and 10 feet north of the driveway at 2311 South Lanoitan Avenue to improve visibility and deter drivers from blocking the driveway; and WHEREAS, based on residents' concerns raised at the Traffic Safety Committee May 8, 2013 meeting, the Committee took action at that meeting to recommend 165 feet of red curb "No Parking" and signage be installed in front of 2303, 2311, and 2321 South Lanoitan Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 165 feet of red curb "No Parking" and signage in front of 2303, 2311, and 2321 South Lanoitan Avenue to enhance safety and visibility. PASSED and ADOPTED this 4th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City authorizing safety enhancements on Cagle Street between Stockman Street and Menard Street including installation of all -way stop control at the intersection of Cagle Street and Menard Street. (TSC-2013-09). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on May 8, 2013 the Traffic Safety Committee approved safety enhancements on Cagle Street between Stockman Street and Menard Street including installation of all -way stop control at the intersection of Cagle Street and 601onord Strcot ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on May 8, 2013 (TSC 2013-09) 3. Resolution Explanation On March 5, 2013, the City Council considered the adoption of Resolution No. 2013-29, seeking approval to install curve warning signs for both directions of travel on Cagle Street between Stockman and Menard Streets. Approximately 20 feet of red curb "No Parking" was also recommended to accompany the proposed curve warning signs at the curve on the 3100 block of Cagle Street to discourage vehicles from parking and blocking the signs. The City Council directed staff to perform a new site assessment to review the proposed type and location of signs and amount of red curb on Cagle Street. The City Council also directed staff to evaluate the need for All -Way Stop Control at the intersection of Cagle Street and Menard Street. Staff performed a follow-up site evaluation and prepared a new report for the Traffic Safety Committee (TSC Item No. 2013-09). Staff recommended to the Traffic Safety Committee at their meeting of May 8, 2013, the following: 1. Install 20 feet of red curb "No Parking" at the curve on the 3100 block of Cagle Street to accommodate reflectorized chevron curve warning signs (W1-8) for eastbound traffic and discourage vehicles from parking and blocking the signs; 2. Install a curve ahead warning sign (W1-2) with 20 MPH plaque for eastbound traffic; 3. Install All -Way Stop Control at the intersection of Cagle Street and Menard Street with Stop Ahead warning signs and pavement markings in advance of the intersection for eastbound and westbound approaches; 4. Install 25 feet of red curb "No Parking" as required in advance of the new stop signs for eastbound and westbound approaches to the intersection of Cagle Street and Menard Street. The Traffic Safety Committee voted unanimously to approve the staff recommendation. If approved, all work will be performed by the City Public Works Department. 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 8, 2013 ITEM TITLE: PREPARED BY: DISCUSSION: ITEM NO. 2013-09 REQUEST FOR SAFETY ENHANCEMENTS ON CAGLE STREET BETWEEN STOCKMAN STREET AND MENARD STREET INCLUDING INSTALLATION OF ALL -WAY STOP CONTROL AT THE INTERSECTION OF CAGLE STREET AND MENARD STREET (BY NEIGHBORHOOD RESIDENTS) Stephen Manganiello, City Engineer Several residents contacted staff with concems regarding speeding, lack of curve warning signs and visibility constraints along Cagle Street between Stockman Street and Menard Street. Review of traffic collision history indicated no "reported" accidents within recent years. The City previously installed a series of speed humps further east on Cagle Street to slow traffic. Staff performed an initial site evaluation and presented findings and recommendations to the Traffic Safety Committee on February 20, 2013 (TSC Item No. 2013-2). Staffs recommended was to install curve warning signs for both directions of travel. Approximately 20 feet of red curb "No Parking" was also recommended to accompany the proposed curve warning signs at the curve on the 3100 block of Cagle Street to discourage vehicles from parking and blocking the signs. The Committee voted unanimously to approve the staff recommendation. TSC Item No. 2013-02 was then presented to City Council on March 5, 2013 for approval. After listening to comments from the public and asking questions of staff, City Council directed staff to perform a new site assessment to review the proposed type and location of signs and amount of red curb on Cagle Street. City Council also directed staff to evaluate the need for All -Way Stop Control at the intersection of Cagle Street and Menard Street. Staff performed a follow-up site evaluation and confirmed that 20 feet of red curb "No Parking" would be required to accompany the proposed curve warning signs at the curve on the 3100 block of Cagle Street to discourage vehicles from parking and blocking the signs. Staff also reviewed site distance for vehicles and pedestrians at the intersection of Cagle Street and Menard Street, a "T" intersection which is currently Stop controlled for the south leg and uncontrolled for the east and west legs. In accordance with the latest edition of the Califomia Manual on Uniform Traffic Control Devices (MUTCD), Section 2B.07 "Multi -Way Stop Applications" provides guidelines for considering the need for installing multi -way Stop signs at intersections. Poor visibility may be considered for justifying multi -way Stop control at, "Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop." -1- For speeds of 30 MPH, the Caltrans Highway Design Manual (HDM) and American Association of State Highway and Transportation Officials (AASHTO) require a minimum stopping sight distance of 200 feet. Based on the roadway curvature for both the eastbound and westbound approaches to the intersection of Cagle Street and Menard Street, the minimum stopping sight distance requirement is not met. This considers vehicles stopped on Menard Street and pedestrians crossing the far side of the intersection. Sections 21354 and 21355(a) of the California Vehicle Code provide authority to local agencies to erect Stop signs at any location in their respective jurisdictions so as to control traffic within an intersection. STAFF RECOMMENDATION: In order to enhance safety for both drivers and pedestrians along Cagle Street between Stockman Street and Menard Street, staff recommends the following: 1) Install 20 feet red curb "No Parking" at the curve on the 3100 block of Cagle Street to accommodate reflectorized chevron curve warning signs (W1-8) for eastbound traffic and discourage vehicles from parking and blocking the signs; 2) Install a curve ahead warning sign (W1-2) with 20 MPH plaque for eastbound traffic; 3) Install All -Way Stop Control at the intersection of Cagle Street and Menard Street with Stop Ahead warning signs and pavement markings in advance of the intersection for eastbound and westbound approaches; 4) Install 25 feet red curb "No Parking" as required in advance of the new Stop signs for eastbound and westbound approaches to the intersection of Cagle Street and Menard Street. EXHIBITS: 1. Location Map 2. Photos 2013-09 -2- Install curve ahead warning sign with 20 MPH plaque Location Map with Recommendations Install 20 feet red curb No Parking" to accommodate refectorizod chevron curve warning sign for EB traffic Install 25 feet red curb "No Parking" as required In advance of new Stop sign Install All -Way Stop Control wi Stop Ahead warning signs and pavement markings in advance of the Intersection for EB and WB traffic Install 25 feet red curb No Parking" as required In advance of new Stop sign Eastbound Cagle Street, approaching Menard Street (looking east) Eastbound Cagle Street, approaching Menard Street (looking east) -4- Menard Street at Cagle Street (looking west) Menard Street at Cagle Street (looking east) -5- Westbound Cagle Street, approaching Menard Street (looking west) -6- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING SAFETY ENHANCEMENTS ON CAGLE STREET BETWEEN STOCKMAN STREET AND MENARD STREET, INCLUDING INSTALLATION OF ALL -WAY STOP CONTROL AT THE INTERSECTION OF CAGLE STREET AND MENARD STREET WHEREAS, a resident of 3236 Cagle Street requested that City staff evaluate solutions to alert drivers of a combined vertical and horizontal curve along the 3100 block of Cagle Street due to concerns that drivers are speeding and inattentive to the curvature of the road; and WHEREAS, on March 5, 2013, the City Council considered the adoption of Resolution No. 2013-29, seeking authorization for the installation of reflective curve warning signs and 20 feet of red curb "No Parking" for both directions of travel along the 3100 block of Cagle Street to enhance safety and discourage vehicles from parking and blocking the signs; and WHEREAS, the City Council directed staff to perform a new site assessment to review the proposed type and location of signs and the amount of red curb on Cagle Street, and to evaluate the need for All -Way Stop Control at the intersection of Cagle Street and Menard Street; and WHEREAS, after conducting a new site assessment, a revised plan was presented to the Traffic Safety Committee at their meeting on May 8, 2013, recommending the following safety enhancements be installed on Cagle Street between Stockman Street and Menard Street: 1. 20 feet of red curb "No Parking" at the curve on the 3100 block of Cagle Street to accommodate reflectorized chevron curve warning signs (W1-8) for eastbound traffic and to discourage vehicles from parking and blocking the signs; 2. A curve ahead warning sign (W1-2) with 20 MPH plaque for eastbound traffic; 3. All -Way Stop Control at the intersection of Cagle Street and Menard Street with Stop Ahead warning signs and pavement markings in advance of the intersection for eastbound and westbound approaches; 4. 25 feet of red curb "No Parking" as required in advance of the new stop signs for eastbound and westbound approaches to the intersection of Cagle Street and Menard Street; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its May 8, 2013 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of the following: 1. 20 feet of red curb "No Parking" at the curve on the 3100 block of Cagle Street to accommodate reflectorized chevron curve warning signs (W1-8) for eastbound traffic and to discourage vehicles from parking and blocking the signs; Resolution No. 2013 — Page Two 2. A curve ahead warning sign (W1-2) with 20 MPH plaque for eastbound traffic; 3. All -Way Stop Control at the intersection of Cagle Street and Menard Street with Stop Ahead waming signs and pavement markings in advance of the intersection for eastbound and westbound approaches; and 4. 25 feet of red curb "No Parking" as required in advance of the new stop signs for eastbound and westbound approaches to the intersection of Cagle Street and Menard Street. PASSED and ADOPTED this 4th day of June, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT RAEETING DATE: June 4, 2013 AGENDA ITEM N0.16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of angle parking, 20-foot long parallel parking stalls, and red curb at driveways to address vehicle storage issues involving large trucks and detached trailers on Haffley Avenue between W. 19th Street and Bay Marina Drive. (TSC-2013-08). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: At their meeting on May 8, 2013 the Traffic Safety Committee approved installation of angle parking, 20-foot long parallel parking stalls, and red curb at driveways to address vehicle storage issues involving large trucks and detached trailers on Haffley Avenue hatwPen W 19th Street and Ray Marina nrive ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee on May 8, 2013 (TSC 2013-08) Explanation On March 5, 2013, the City Council considered the adoption of Resolution No. 2013-28, seeking authorization to install angle parking on the east side of Haffley Avenue and striping 20-foot long parallel parking stalls on the west side of the street to restrict large trucks and trailers from parking on the street. The City Council directed staff to perform a new site assessment and parking study of the area based on public comments received regarding the need for red curb at business driveways to safely facilitate ingress and egress of large delivery trucks. Staff contacted local businesses in advance of the follow-up site evaluation to obtain delivery schedules in order to monitor the ingress and egress of large semi -trucks with attached trailers. Staff observed that some of the larger trucks had difficulty accessing driveways and had to "jump" curbs. Others came very close to parked vehicles while making their turns. Based on the follow-up site evaluation and field measurements, staff modified the parking calculations and exhibits to reflect appropriate red curb at driveways, while maximizing on -street parking. The results of the new study indicate a net gain of approximately 17 parking spaces (from 94 spaces to 111 spaces) by converting parallel parking to angle parking where appropriate. Staff also recommends striping 20-foot long parallel parking stalls to restrict large trucks and trailers (in excess of 20 feet in length) from parking on the street. These types of vehicles have an opportunity to park on Tidelands Avenue, immediately to the west of Haffley Avenue. The revised plan and recommendations were presented to the Traffic Safety Committee at their meeting on May 8, 2013. The Traffic Safety Committee voted unanimously to approve the staff recommendation to: a) convert parallel parking to angle parking where appropriate, b) stripe the remaining parking areas to include 20-foot long parallel parking stalls, and c) install red curb at driveways on Haffley Avenue between W. 19`" Street and Bay Marina Drive, to address vehicle storage issues involving large trucks and detached trailers. Exhibits "A" and "B" located in the May 8, 2013 staff report to the Traffic Safety Committee illustrate the recommended improvements. If approved, all work will be performed by the City Public Works Department. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 8, 2013 ITEM TITLE: PREPARED BY: DISCUSSION: ITEM NO. '2013-08 REQUEST FOR PARKING SOLUTIONS TO ADDRESS VEHICLE STORAGE ISSUES REGARDING LARGE TRUCKS AND DETACHED TRAILERS ON HAFFLEY AVENUE BETWEEN W. 19TH STREET AND BAY MARINA DRIVE (BY HAFFLEY AVENUE BUSINESSES) Kenneth Fernandez, EIT, Engineering Division Mr. David Hosted, Safety and Compliance Director for WestAir Gases and Equipment, Inc. located at 2300 Haffley Avenue, Mr. Don Murray, Chief Technology Officer for Fabrication Technologies Industries, Inc. located at 2200 Haffley Avenue, and Mr. Dan Dufresne, Director of Government Relations for Epsilon Systems Solutions, Inc. located at 2101 Haffley Avenue, previously requested that City staff evaluate solutions to alleviate the lack of on -street parking for customers and employees due to vehicle storage of large trucks and detached trailers on Haffley Avenue between W. 19th Street and Bay Marina Drive. Currently, the amount of available parking stalls, equipment, and day-to-day operations on -site for these businesses is not adequate to accommodate their employee parking needs, so they rely on available public parking on Haffley Avenue to meet their demand. Most of these businesses start work between 5:O0am and 6:00am in the morning. When their employees arrive for work much of the street parking is occupied by large trucks and detached trailers. National City's Parking Regulation Officers have done their best to enforce the 72-hour vehicle storage ordinance; however business owners are seeking a more permanent, long-term solution. Staff performed an initial site evaluation and presented findings and recommendations to the Traffic Safety Committee on February 20, 2013 (TSC Item No. 2013-1). Staffs recommendation to address vehicle storage issues regarding large trucks and detached trailers on Haffley Avenue between W. 19th Street and Bay Marina Drive was to stripe angle parking on the east side of the street and 20-foot long parallel parking stalls on the west side of the street. The Committee voted unanimously to approve the staff recommendation. TSC Item No. 2013-01 was then presented to City Council on March 5, 2013 for approval. Based on public comments regarding the need for red curb at business driveways to safely facilitate ingress and egress of large delivery trucks, City Council directed staff to perform a new site assessment and parking study. -1- Staff contacted local businesses in advance of the follow-up site evaluation to obtain delivery schedules in order to monitor the ingress and egress of large semi -trucks with attached trailers. Staff observed that some of the larger trucks had difficulty accessing driveways and had to "jump" curbs. Others came very close to parked vehicles while making their turns. Based on the follow-up site evaluation and field measurements, staff modified the parking calculations and exhibits to reflect appropriate red curb at driveways, while maximizing on -street parking. The results indicate a net gain of approximately 17 parking spaces (from 94 spaces to 111 spaces) by converting parallel parking to angle parking where appropriate. Staff also recommends striping 20-foot parking stalls for parallel parking to restrict large trucks and trailers (in excess of 20 feet in length) from legally parking on the street. These types of vehicles have an opportunity to park on Tidelands Avenue, immediately to the west of Haffley Avenue. STAFF RECOMMENDATION: Staff recommends the following improvements summarized below and illustrated in the attached Exhibits "A" and "B" for Haffley Avenue between West 19th Street and Bay Marina Drive to, a) address vehicle storage issues regarding large trucks and detached trailers, b) maximize parking, and c) accommodate wider turning radii required for semi - trucks with attached trailers to safely access driveways: 1) Convert parallel parking to angle parking per Exhibits "A" and "B"; 2) Stripe remaining parking areas to include 20-foot parallel parking stalls; 3) Install red curb at driveways per Exhibits "A" and "B". EXHIBITS: 1. Correspondence 2. Exhibits "A" and "B" 3. Photos 2013-08 -2- From:[mailto:ddufresneCaepsilonsystems.com] Sent: Monday, January 14, 2013 11:21 AM To: Josie Flores Clark Subject: Overnight parking issue Happy New Year, Josie! Thanks again for returning my phone call. As I explained in my voicemail, Epsilon Systems' National City location is experiencing a parking shortage because several big rigs park overnight on Haffley and thus take up parking spots needed by our employees. The exact address of our National City facility is 2101A Haffley Avenue National City, CA 91950. Is there any way to place "No overnight parking" signs in front of our facility? I thought it prudent to ask the Mayor for assistance as his office (you included) has been extremely proactive and helpful with past issues. To refresh your memory, the Mayor was kind enough to visit our National City office a couple of years ago whereupon he took a tour of our machine shop and field questions from some of our employees. I may be reached at (858) 740-8181. Kind regards, Dan Dufresne -3- tej Uf1V%R March 5, 2013 Mayor and Members of the City Council of the City of National City, California 1234 National City Boulevard National City, California 91950 Re: Angled Parking on the East Side of Haffley Avenue - Traffic Safety Committee Item No. 2013-01: March 5, 2012 City Council Agenda Item No. 2 Dear Mayor and Members of the City Council: Univar USA Inc. operates a large warehouse and distribution facility located at 2100 Haffley Avenue, National City, California. We are in receipt of Mr. Stephen Manganiello's February 21, 2013 letter advising us of Item No. 2 on the March 5, 2013 Agenda of the City Council, a proposal to install angled parking on the east side of Haffley Avenue between W. 19 h Street and Bay Marina Drive and to install 20-foot long parallel parking stalls on the west side of . Haffley Avenue between the two cross streets. Prior to receipt of the letter, we were not aware that the City's Traffic Safety Committee was considering changing the parking along Haffley Avenue. For your information, our facility is located on the west side of Haffley Avenue, with our driveway for tractor -trailer truck and automobile ingress and egress located approximately halfway between W. 196 Street and Bay Marina Drive, as more specifically shown on the attached map. Univar has ample off-street parking, and our tractor -trailer trucks, as well as our employees' and customers' vehicles, do not generally use Haffley Avenue for parking. While we generally support the need for additional parking along Haffley Avenue to assist other businesses that need the public parking for their employees and customers, the present proposal, if approved and implemented in its current form, would pose a significant adverse public safety risk. Therefore, Univar requests that the City Council approve a slightly modified parking plan. More specifically, installing angled parking on Haffley Avenue directly across from our driveway will not allow a sufficient turning radius for the numerous tractor -trailer trucks that daily enter and exit our facility. Even before the present proposal, we had concerns about the parallel parking of vehicles and trucks directly across from our driveway on the east side of Haffley Avenue and immediately adjacent to our driveway on the west side of Haffley Avenue. Based on our experience, the loss of additional turning space that will result from the installation of angled parking across from our driveway win exacerbate the problem, increase the likelihood of unnecessary and avoidable accidents and adversely impact our operations. We do not believe that the proposal submitted for the Council's approval has sufficiently evaluated these adverse impacts. -4- Mayor and City Council of the City of National City, California March 5, 2013 Page 2 We propose two changes to the proposal that will allow a substantial increase of vehicle parking along the subject portion of Haffley Avenue, while improving the safety of truck ingress and egress from our driveway: 1. Extend the no parking zone for the fire hydrant on the east side of Haffley Avenue across from our facility to and including the Epsilon. System Solutions' driveway; and 2. On the west side of Haffley Avenue, create a no parking zone 20 feet in length on the north and south sides of Univar's driveway. These changes will allow the City to both increase public parking along Haffley Avenue and improve public safety related to truck ingress and egress along that portion of Haffley Avenue that adjoins our facility. The proposal as currently contemplated would significantly impact turning space in and out of our driveway and is likely to have a significant impact on safety and our business. We, therefore, oppose the proposal as drafted. We request that, if the City Council approves the proposal, it do so only with the above requested changes included. In the alternative, we request that the City Council postpone any decision on this matter and instruct staff to further evaluate the safety risks of reducing the available area for tractor -trailer trucks operation on this street. Thank you for your consideration. Please give me a call at 760-447-9413 if you have any questions concerning the foregoing. cc: Stephen Manganiello (Via E-Mail) 1234 National City Boulevard National City, CA 91950 Sincerely, Alan Cooper Operations Supervisor -5- Page 1 of 1 file:/A1inaccr01\Omtool\Messages10213\1d8caf8c-7c52-429e-84ab-dledc8e973f2-in-O.PNG 3/5/2013 -6- Page 1 of 1 file:/A\inaccr0l\Omtool\Messages\01741e24e071f-338d-4fb6-8224-Oabf8707ca6e-in-O.PNG 3/5/2013 -7- Exhibit A — Location Map Pro 1 osed Parkin Im f rovements for Haffle Avenue orth End Cont. Celll.len Cont., (CCC) 2013 N.Uley Ave (address per .xt.der savage) Convert .xh.Bng psrsll.l perking t. 1S5 f1 of angled parking and add g 11 red au.i north of wr.sfedy U.lv., driveway (- 14 aall.d p..king .paws) Conant 13 ft.1 northerly end sad 6 ft nt southerly..d to rod ours; ra minang 80 ft to remain as parallel parking (4 parallel parking space.) Exhibit B — Location Map Ewan ayronpa Solutions 2101 Harney Ave Pro I osed Parkin Im t rovements for Haffle Avenue South End ._ fit l! Waling 60 ft parallel padAq to near (3 parallel parkhrs spoors) Existing 7 * .w ourb to re n *. 07rYting 10ft red Barb to remain lor Inaba 1611 era red curb ONIVAN 2100 Cathay Ave Install 10 R now red earb An CA SWEYNX 901 Say Marina Dar! Consort 241100 of exlelIng parallel parking to • 16 angled parking spacer existing 10 ft red orb /e ..nrrn Erbting 6 ft (north) and 10 h (south) red air to amain Exleting 120 ft parallel parka, to rarer (6 parallel parking spaces) Wring 30 ft red cure to normal dr.. to Mating fire hydrant aat1110 ft near M curb Enls6ng 60 It parallel parking to mania (3 parallel perking =parries) Feleleatien Technologies Industre. 2200 11elfiy Ave Convert 260 ft N existing parallel parking to 21 esglyd paring spaces learn 6 f raw red Curb Existing 50 h rod curb te traaa dso to assay., fire hydrant Bastian 220 ft parallel parking to remain '(11 parallel parking spare.) Enlating 20 N rad sorb to remain .3 2300 block Haffley Ave (looking north) 2300 block Haffley Ave (looking north) -10- Vehicles parking on sidewalk on 2200 block Haffley Ave (looking north) Semi -truck blocking street in front of 2200 Haffley Ave (looking north) -11- Semi -truck "jumping" curb in order to back into driveway at 2200 Haffley Ave (looking northeast) _12_ RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF ANGLE PARKING, 20-FOOT PARALLEL PARKING STALLS, AND RED CURB AT DRIVEWAYS TO ADDRESS VEHICLE STORAGE ISSUES INVOLVING LARGE TRUCKS AND DETACHED TRAILERS ON HAFFLEY AVENUE BETWEEN WEST 19TH STREET AND BAY MARINA DRIVE WHEREAS, the Compliance Director for WestAir Gases and Equipment, Inc., located at 2300 Haffley Avenue, the Chief Technology Officer for Fabrication Technologies Industries, Inc., located at 2200 Haffley Avenue, and the Director of Government Relations for Epsilon Systems Solutions, Inc., located at 2101 Haffley Avenue, requested City staff to evaluate solutions to alleviate the lack of on -street parking for customers and employees due to vehicle storage of large trucks and detached trailers on Haffley Avenue between West 19th Street and Bay Marina Drive; and WHEREAS, on March 5, 2013, the City Council considered the adoption of Resolution No. 2013-28, seeking authorization to install angle parking on the east side of Haffley Avenue and striping 20-foot long parking stalls on the west side of the street to restrict large trucks and trailers from parking on the street; and WHEREAS, the City Council directed staff to perform a new site assessment and parking study, based on public comments received during the March 5th City Council meeting regarding the need for red curb at business driveways to safely facilitate ingress and egress of large deliver trucks; and WHEREAS, staff conducted a new site assessment and parking study of the area, and modified the parking calculations and exhibits to reflect appropriate red curb at driveways while maximizing on -street parking; and WHEREAS, a revised plan was presented to the Traffic Safety Committee at their meeting on May 8, 2013, and the Traffic Safety Committee unanimously concurred with staff's recommendation to convert parallel parking to angle parking where appropriate, stripe the remaining parking areas to include 20-foot long parallel parking stalls, and install red curb at driveways, as outlined in Exhibits "A" and "B". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of angle parking, 20-foot long parallel parking stalls, and red curb at driveways on Haffley Avenue between West 19th Street and Bay Marina Drive as outlined in Exhibits "A" and "B" to address vehicle storage issues involving large trucks and detached trailers. --- Signature Page to Follow -- Resolution No. 2013 — Page Two PASSED and ADOPTED this 4th day of June, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2013! AGENDA ITEM NO. 17 ITEM TITLE: Notice of Decision — Planning Commission approval of a Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit for a professional college in a retail commercial building located at 700 Bay Marina Drive. (Applicant: Marina Gateway Development Co.) (Case File 2013-07 PD, CUP, CDP) j PREPARED BY: iMartin Reeder, AICP DEPARTMENT: pi PHONE: I336-4313 APPROVED BY: EXPLANATION: The project site is a 14,300 square -foot, two-story office/commercial building located at Marina Gateway Plaza. The property is south of Bay Marina Drive, west of Interstate 5, in the Coastal Zone. The original development approval included a condition prohibiting anything but retail/travel offices on the ground floor of the building. The majority of the building has been vacant since construction in 2009. The proposal is for a professional college in the building on both floors. The College would cater to 100 students per day working towards a diploma or Associate's degree specializing in any of several healthcare fields. Planning Commission conducted a public hearing on May 20, 2013. Commissioners discussed the proposed use in relation to tourist -commercial uses, Coastal Commission processes, and business operations. The Commission voted to approve the PD, CUP, and CDP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission approved the Zone Variance. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report 3. Resolution No. 12-2013 4. Reduced Plans' MM-CZ IM n) SubleQt Parcel — Zone Boundary e CD CD 0_ D CD "AM -CZ N 0 I Drive I I t 0 75 150 OS -CZ I Feet 300 nterstate 5 - San Diego Freeway APN: 559=160-33 Planning Commission Location Map 2013-07 PD, CUP, CDP NA1 J18"g=7— uva CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff Report By: Applicant /Owner: Plans Prepared By: Combined General Plan/ Zoning Designation: Parcel Size: Adjacent Land Use/Zoning: North: East: South: West: Environmental Review: Item no. 4 May 20, 2013 PUBLIC HEARING - PLANNED DEVELOPMENT PERMIT MODIFICATION, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING LOCATED AT 700 BAY MARINA DRIVE. 2013-07 PD, CUP, CDP Marina Gateway Plaza 559-160-33 Martin Reeder, AICP — Assistant Planner Marina Gateway Development Co. LLC Lee & Sakahara Architects AIA CT-PD-CZ (Tourist Commercial) 1.25 acres Vacant land and industrial buildings across Bay Marina Drive / MM-CZ Interstate 5 / OS -CZ Paradise Marsh / OSR-CZ Industrial use across Marina Way / MM-CZ Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is the Marina Gateway Plaza on the south side of Bay Marina Drive and west of Interstate 5. The complex is comprised of a Best Western Hotel, Buster's Beach House Restaurant and a roughly 14,300 square -foot (leasable) two- story office/commercial building. The subject use is proposed within 11,900 square feet of the office/commercial building. The property is located within the Coastal Zone. As part of the original approval, Condition of Approval No. 55 of Planning Commission Resolution 24-2005 (attached) prohibited anything but retail/travel offices on the ground floor of the building. The subject permit condition was put on the project specifically to ensure that a minimum amount of tourist -related high priority uses are provided and preserved. With the exception of 2,000 square feet of the ground floor, which is leased to the adjacent Buster's Restaurant, the remainder of the building has been vacant since it was built in 2009. 1,400 square feet of the upper floor was recently leased to an Engineering firm, leaving approximately 11,900 square feet of vacant space. The most recent Land Use Code Update is not yet applicable in the Coastal Zone. This is due to the fact that the necessary amendments to the City's Local Coastal Plan have not been submitted to the Coastal Commission. Therefore, the City's previous zoning would generally apply. Accordingly, this property falls within the CT-PD-CZ (Tourist Commercial) zone. In addition, the parcel is within Sub -Area A of the Harbor District Specific Plan, which also determines allowable uses. Proposed Use The applicant wishes to operate a professional college in suites on both the ground floor (± 5,600 square feet) and part of the upper floor (± 6,300 square feet) of the retail commercial building located in the Marina Gateway development. The College plans on catering to approximately 100 students per day; 50 students in the morning, 20 students in the afternoon, and 30 students in the evening. With this student Toad, the school will have roughly 12 instructors / administrators. Upon completion of their program, students will graduate with either a diploma or an Associate's degree specializing in Healthcare Training (e.g., Vocational/Practical Nursing, Medical Assisting, Respiratory Therapy, Dentistry, etc.). The applicant wishes to limit the life of the CUP to 10 years. Conditions of Approval No. 1 and 14 have been added to address this request. 3 Analysis Planned Development Permit (modification) The applicant is requesting to remove Condition of Approval No. 55 related to the type of use permitted on the ground floor of the office/commercial building. The reason for the condition comes from the Local Coastal Program (LCP) Implementation document. The pertinent section reads as follows: Section III. Commercial Zones B. Uses Permitted a. Offices and Studios (Use Group 27) shall be permitted only as an accessory use to a recreational or tourist -oriented development. The Land Use Code definition of "accessory use" includes the following: ...a use conducted on the same lot as the principal use or structure to which it is related... Based on this definition, it would appear that the use of the building as a school is not a use strictly related to a recreational or tourist -oriented development. However, given the capacity of the Marina Gateway Development to support small conferences (in the hotel and banquet facility space) the applicant states that the proposed education use could support the potential for certain types of conferences (a tourism -related use), such as those related to healthcare. Furthermore, given the small size of the college, it could be seen as a draw for other visitors for conferences and the like. The applicant has also stated that they think the use is appropriate given the minor amount of floor area in question — the Marina Gateway Plaza development has a total building area of 115,706 square feet. The ground floor of the commercial building is approximately 8,275 square feet, which is around 7% of the entire project developed square footage. They also cite other ancillary benefits, as the college will be training dental technicians (among others) and will be offering dental checkups and cleaning services to the community at reduced rates. The overarching factor for the applicant is that they have unsuccessfully tried to lease the space to a tourism -related business since construction. In order to address potential concerns over Toss of tourist -related leasable space, the applicant has agreed to limit the life of the CUP and related permits to 10 years. The City generally does not include expirations or sunset clauses for CUP's. However, the applicant is seeking such a limitation as part of their application, thus it can be part of the CUP. 4 Harbor District Specific Plan As mentioned in the introduction to this report, the project is within Sub -Area A of the Harbor District Specific Plan (HDSP). The HDSP allows for Tourist Commercial retail uses. The Land Use Code specifies which Use Groups are permitted under these retail uses. Use Group 27 (Offices and Studios) is one of these permitted Use Groups. However, said uses must be tourism -related, as discussed above. Conditional Use Permit Concorde Career College has been training healthcare professionals for over 40 years. Concorde offers 23 programs and has 16 campuses in 8 states. Four of the campuses are located in California, one of which is in San Diego. A college is permitted in the CT zone with the issuance of a Conditional Use Permit (CUP). Specifically, the use is noted in Use Group 27 — Offices and Studios — a use allowed in the CT zone; however, colleges specifically require a CUP within this use group (other group 27 uses are allowed by right). Concerns with educational uses usually focus around traffic and parking issues. Given that this would be a smaller professional college and would not cater to as many students as a traditional college campus, these concerns would not be as prevalent, as explained below. Parkinq/Circulation The building was built in 2009 with 285 parking spaces. Another 53 spaces are available for the use of the development, which are located at the Santa Fe Depot across Bay Marina Drive. The Land Use Code required 334 parking spaces for the original development, where 338 were provided. This was based on office retail and commercial retail uses in the subject building. However, the Code does not provide a specific parking standard for schools other than preschools; therefore no additional parking is technically required. Due to the temporary nature of student occupation of the building (depending on class durations), Tess parking would be necessary compared to the same space devoted to an office use, where all employees would be present throughout the day. A Condition of Approval has been included that limits the number of students to no more than 50 per session (e.g., morning, afternoon, evening). According to SANDAG data, a 7,900 square -foot school would generate approximately 190 average daily trips (ADT). Access to and from the area is provided by Bay Marina Drive (an arterial street), and by north and southbound Interstate 5 (a freeway). The current Level of Service (LOS) of this segment of Bay Marina Drive is A (best possible), with a 2030 projected LOS of B. The current ADT for that segment is 4,200; the overall capacity is 30,000. The expected ADT in 2030 is 12,100. Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the school. For reference, a comparably -sized retail commercial use would generate approximately 316 ADT. Coastal Development Permit In addition to the CUP, the applicant must also obtain a Coastal Development Permit because the property is located in the Coastal Zone and the applicant is seeking other discretionary permits in the application (PD and CUP). The California Coastal Commission (CCC) provided comments (attached) and opposes the removal of the condition. The CCC is asking the City to recognize and adhere to the requirements of the certified LCP, and to protect the limited area in the City that has been designated for high priority tourist commercial uses, by rejecting the proposed coastal development permit request. However, given the potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above, there is a fair argument that the school can be related to a tourist -related development. The Coastal Commission recognizes that the applicant has done all they can to try to lease to a tourism -related use. To that end, the Commission suggested that the applicant pursue an amendment to the Local Coastal Plan. The applicant has stated that this is not an option due to the length of time needed to accomplish this. Seeing as the proposed tenant is a school, the applicant wishes to have them start occupancy as soon as possible in order to start operating in the fall. It should be noted that the City will be seeking to amend the Local Coastal Plan in the coming months, in order to make the recent Land Use Code Update applicable to the Coastal Zone. If the City approves the requested permits (based on appropriate findings) and the Coastal Commission does not consider the approval consistent with the LCP, the [Coastal} Commission may appeal the matter to the full Coastal Commission board. This could result in the City's decision being overturned. The key finding for approval is number 5, which reads as follows: "That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project has the potential to result in opportunities for tourist -related ancillary activities that are related to a tourism -related use, does not involve any land alterations, and provides for a use on an existing commercially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use." Again, given the potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above, there is a fair argument that the school can be related to a tourist -related development. CEQA The project qualifies for a categorical exemption to the California Environmental Quality Act — Class 1 Section 15301 (Existing Facilities): There is no possibility that the proposed use will have a significant impact on the environment, since the facility will not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Summary An educational use is consistent with the Land Use Code with an approved Conditional Use Permit. The school is well established and is a service in need in the community. An education use, however, is not strictly consistent with the Local Coastal Program as it not accessory to a tourist -oriented development. However, there are potential opportunities for tourist -related ancillary uses that might be generated by the school, as discussed above. Should the Planning Commission seek to approve this permit, the Conditions of Approval would ensure that the business operates in harmony with existing uses in the area. The potential impacts would be minimal since the site is within an existing commercial/industrial area and adequate parking is available on site. The build out on this space will exceed $500,000 and will bring in local trades for construction and upon opening, employ 12 instructors and administrators. The use would also provide new career opportunities for students. The Toss of leasable space for tourist -related would be an impact and is also inconsistent with the adopted Local Coastal Program according to the Coastal Commission. However, the temporary nature of the CUP may allay some of those concerns. RECOMMENDATION 1. Approve 2013-07 PD, CUP, CDP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-07 PD, CUP, CDP based on the attached finding; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 5 property owners) 5. Planning Commission Resolution 24-2005 6. Site Photos 7. Coastal Commission comments 8. Notice of Exemption 9. Applicant's Plans (Exhibit A, case file no. 2013-07 PD, CUP, CDP, dated 3/7/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 8 RECOMMENDED FINDINGS FOR APPROVAL 2013-07 PD, CUP, CDP, Marina Gateway Plaza 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to Bay Marina Drive, an arterial street operating at a Level of Service (LOS) of A, and Interstate 5, a freeway, to accommodate the additional 190 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. 5. That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project has the potential to result in opportunities for tourist -related ancillary activities that are related to a tourism -related use, does not involve any land alterations, and provides for a use on an existing commercially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. RECOMMENDED FINDING FOR DENIAL 2013-07 PD, CUP, CDP, Marina Gateway Plaza 1. That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is not consistent with and does not implement the Certified Local Coastal Program, since the proposed use is not accessory to or related to a tourist -oriented development, as required by the Local Coastal Program. a RECOMMENDED CONDITIONS OF APPROVAL 2013-07 PD, CUP, CDP, Marina Gateway Plaza General 1. This Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit authorizes the temporary removal of Condition No. 55 of Planning Commission Resolution 24-2005, and a professional college at 700 Bay Marina Drive. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2013-07 PD, CUP, CDP, dated 3R/2013. Condition of Approval No. 55 shall be reinstated at the expiration of this permit as stated in Condition No. 14. 2. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in Planning Commission Resolution 24-2005 are still in effect. 3. 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. 4. 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 the Land Use Code. 5. Before this Planned Development Permit modification, Conditional Use Permit, and Coastal Development 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 these permits. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permits. The applicant shall also submit evidence to the satisfaction of the Planning Department 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 Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements must comply with the current 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. 10 Fire 7. Plans submitted for improvements must comply with the current editions of the 2010 edition of NFPA and 2010 edition of the CFC. 8. Occupancy Toad calculations shall be provided by the National City Building Division to ensure the project meets code. 9. If occupancy load is 50 or greater, panic hardware and illuminated green exits signs with emergency lights will be required. 10. Exit doors required for intended use of business shall be evaluated by the Building Department for adequate exiting and ADA requirements. 11. Fire extinguishers shall be placed inside building to meet California Fire Code requirements. Please call for direction on placement. 12. Fire sprinkler and fire alarm plans shall be directly submitted to the National City Fire Department. Permits and fees shall apply. 13.48 hours' notice is required prior to required fire inspection. Planning 14.Approval of this Conditional use Permit expires ten (10) years after adoption of the resolution of approval at 6:00 p.m. (per applicant's request). 15. The number of students shall be limited to no more than 50 per session (e.g., morning, afternoon, evening). 16. The Owner/Developer shall defend, indemnify, protect, and hold harmless the City, and any of its' agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments against the City or any of its' agencies, departments, officers, officials, employees, or agents, to attack, set aside, void, or annul, any approval of the City, or its' agencies, departments, advisory agencies, appeal board, or legislative body, concerning the project and the approvals and entitlements granted herein. 17.Any expansion of the use approved by this permit beyond the area shown in approved plans shall require modification of this Conditional Use Permit. 11 N CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING PLANNED DEVELOPMENT PERMIT MODIFICATION, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING LOCATED AT 700 BAY MARINA DRIVE IN THE COASTAL ZONE. CASE FILE NO.: 2013-07 PD, CUP, CDP APN: 559-160-33 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 20, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Marina Gateway Development Company, LLC. Filing Date: March 7, 2013). Any person interested in this matter may appear at the above time and place and be heard. The applicant proposes to operate a professional college at the site, including on the ground floor of an existing retail commercial building. A Condition of Approval of the original Planned Development Permit (PD) for the development prohibits all uses except retail traveVtourist offices on the ground floor of the building; therefore, the application requests modification of the PD to remove said condition. The property is located within the Coastal Zone, which also requires a Coastal Development Permit in this case. Plans are available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., May 20, 2013, who can be contacted at 619-336-4310 or planninganationalcitvca.gov Appeals to the City Council of Planning Commission action on the applications may be filed in writing with the City Clerk prior to 5:00 p.m., June 4, 2013. The appeal period will be extended if the Planning Commission hearing is continued to a later time. The fee for filing an appeal is $3,710. The proposed permit site is in an area of National City's Coastal Zone where a Coastal Development Permit approval by the City is appealable to the Coastal Commission per Section XIX (Subsection H — 0) of the certified Local Coastal Program Implementation Plan. Appeals to the Coastal Commission may be filed within 10 working days after the Coastal Commission has received mailed notice of final action by the City. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 12 RESOLUTION NO. 24-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A HOTEL AND RELATED TOURIST COMMERCIAL DEVELOPMENT AND PUBLIC ACCESS/USE IMPROVEMENTS ON A 7.5 ACRE SITE ON THE SOUTH SIDE OF INTERSTATE 5 WITHIN THE HARBOR DISTRICT SPECIFIC AREA PLAN APPLICANT: SYCUAN TRIBAL DEVELOPMENT CORPORATION AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC. CASE FILE NO. PD-2005-2/CDP-2005-2. WHEREAS, the Planning Commission of the City .of National City considered a Planned Development Permit and Coastal Development Permit application for a hotel and related tourist commercial development and public access/use improvements on a 7.5 acre site on the south side of Interstate 5 within the Harbor District Specific Area Plan at a duly advertised public hearing held on August 29, 2005, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. PD-2005-2/CDP-2005-2, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 29, 2005, support the following findings: FINDINGS FOR APPROVAL OF 1HE COASTAL DEVELOPMENT PERMIT 1. That granting of the Coastal Development Permit is in conformity with and implements the Certified Local Coastal Program, Harbor District Specific Area Plan, and Coastal Act §§30210-30214, 30220-302224, and 30252, since the project is specifically identified in the Harbor District Specific Area Plan, and is designed to provide high quality tourist - commercial development, pedestrian and vehicular public access, and to protect the sensitive biological resources of Paradise Marsh by: 13 • constructing and operating a three -star 173 room hotel, 4,000 square foot restaurant and 16,000 square foot retail commercial building; • creating a view corridors, paths and vista points for the benefit of the public (see finding no. 4); • significantly enhancing the appearance of the site, while incorporating attractive and functional public use improvements (see finding no. 5); • respecting an established 100 foot habitat buffer; • preventing storm. waters from a rain event (up to a 100 year, 6 hour event) from entering the marsh through the design and construction of on -site drainage improvements; • providing a physical barrier, designed in consultation with Fish and Wildlife Service and California Department of Fish and Game, to prevent people, as well as associated litter, from entering Paradise Marsh. Also, relevant conditions of approval required by the Harbor District Specific Area Plan for the proposed development will be incorporated into the permit (see finding no.2). 2. That the conditions of approval are adequate to carry out the Certified Local Coastal Program and Harbor District Specific Area Plan, as required in the implementing ordinances, since affect the following: • plant and tree selection; • construction of anti -perching elements; • provision of public access/use improvements (paths, parking, vista point); • site drainage both during and post construction; • sign requirements; • exterior site lighting limitations; • provision of a public access sign program; • protection of archaeological and paleontological resources; • waste/litter collection; • and construction of off -site public access and street widening improvements. 3. That granting of this Coastal Development Permit is consistent with all other City plans and ordinances, since the proposed development, as specified in the Harbor District Specific Area Plan, carries out the intent of the General Plan and Land Use Code to construct high quality tourist -commercial development, put vacant commercial properties back into productive use, provide public access to valuable coastal resources and protect and enhance sensitive coastal resources (Paradise Marsh) by: • constructing and operating a 173 room hotel, 4,000 square foot restaurant and 16,000 square foot retail commercial building; • significantly enhancing the appearance of the site, while incorporating attractive and functional public use improvements (see finding no. 5); • creating a barrier to prevent people, as well as associated litter, from entering the marsh and securely capping on -site contaminants to prevent transmission to the marsh; • planting only native plants within 200 feet of delineated wetlands, and minimizing raptor perching opportunities. 14 4. That the proposed development is in conformity with the public access, public recreation, and development policies of Chapter 3 of the Coastal Act (commencing with §§30200), since the development: • provides vehicular and pedestrian access between both Bay Marina Drive and Marina Way and Paradise Marsh; • provides public parking, both vehicular and bicycle; • provides a free public view platform replete with environmental and cultural interpretive elements; • protects public view corridors, paths, vista points, and parking spaces for general public use for the economic life of the development; • provides for litter/waste collection and light control to protect sensitive marsh resources; • provides a barrier intended to prevent litter from entering the marsh and thus reducing its biological and aesthetic value, while minimizing perching opportunities for raptors; • develops a property suitable for a multi -story hotel and other commercial buildings, without exposing people to high geologic, flood or fire hazard. 5. That the proposed development is consistent with the all the standards of Chapter 5 Visual Resources of the Harbor District Specific Area Plan and Chapter 18.102 of the National City Municipal Code, since: • all structures and landscaping will comply with view plane limits and conditions of approval assure maintenance of the habitat buffer in perpetuity; • a 60 foot wide view corridor, 1,000 square foot vista point and public paths will be provided for the economic life of the development; • the site will be intensively landscaped, while respecting the need to use native plants in certain areas; • no buildings will be located within 25 feet of Bay Marina Drive or the right-of- way for the on -ramp to south bound Interstate 5 from Bay Marina Drive; • no buildings will be located within 12 feet of the center line of any railroad tracks; • the buildings will be built to meet all building height and setback restrictions within Chapter 5 of the Harbor District Specific Area Plan (e.g. floor to floor setbacks of 50 feet on facade facing Paradise Marsh); • the hotel fronting on the entry driveway is limited to not more than 20 feet high for the first 20 feet measured horizontally; • the restaurant fronting on Bay Marina Drive is limited to less than 20 feet high for the first 2 feet measured horizontally; • utilities will be placed underground; • exteriors of the buildings will feature natural materials (e.g. wood, stone) and colors (e.g. blue, fawn, etc.) that are compatible with the nearby natural resources; • and commercial signs will be limited to the maximum sizes and numbers specified in the Harbor District Specific Area Plan. 15 FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the roughly rectangular, approximately 7.5 acre site and adjacent off -site parking lot can accommodate a four-story, 173 room hotel, 4,000 square foot restaurant, 16,000 square foot retail commercial building, public paths/view platform, and related improvements (e.g. surface parking, on -site landscaping, etc.) 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the Harrison Avenue extension (Marina Way) adjacent to the west of the site is installed, and since conditions require Bay Marina Drive (formerly 24th Street) to be improved and widened to handle Harbor District traffic prior to the commencement of project operations. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the development will significantly enhance the visual appearance of the property and protect sensitive resources in Paradise Marsh (e.g. no site drainage to the marsh, use of native and non-invasive plants, design elements to minimize perching opportunities for raptors). Also, the operation of the hotel, restaurant and retail commercial building will not commence until the street improvements and widening have taken place. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project includes provision of public access and use improvements intended as critical components of the Harbor District Specific Area Plan (e.g. three signed public access paths, connections to off -site public walkways, a 1,000 square foot view platform, 10 public parking stalls, space to lock up 15 bicycles, a 60 foot wide view corridor from Bay Marina Drive to Paradise Marsh). 16 BE IT FURTHER RESOLVED that the application for Coastal Development Permit is approved subject to the following conditions: 1. This Coastal Development Permit and Planned Development Permit authorize the development of a 7.5 acre site on the south side of Bay Marina Drive immediately west of Interstate 5 with a 173 room hotel, 4,000 square foot restaurant, 16,000 square foot retail commercial building, public access and use improvements and associated surface parking and site landscaping. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with. Exhibits A, B and C, Case File no. CDP-2005-2/PD-2005-2, dated 8/18/2005. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings / trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. All buildings shall be equipped with an automatic fire sprinkler and fire alarm system, subject to review and approval by the Fire Department. 6. Fire hydrants, subject to review and approval of the Fire Department, shall be provided. 7. Clear access to and from the entry of all structures shall be maintained at all times. 8. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 9. Prior to the issuance of building permits, plans showing the following shall be developed in coordination with Sweetwater Authority: • all domestic and landscape services to include installation of an approved reduced pressure principle backflow assembly; • installation of an approved double check detector on all fire services; • internal backflow assemblies must be tested by tested by a certified backflow assembly tester who appears on Sweetwater Authorities list of testers. 10. Use of the following species/types of plants/trees are prohibited to ensure protection of marsh resources: • Spreading gazania (all varieties) • Lantana (all varieties) • Myoporum (all varieties) • Melaleuca (all varieties) 17 • Phoenix dactylifera (date palms) 11. A minimum of 50 percent of the interior site landscaping (excluding all landscape areas within 200 feet of a delineated wetland), based on the aggregate number of plants species proposed for the interior of the project site, shall consist of native plant species (native to the immediate San Diego coastal area and off -shore islands). 12. Site landscaping shall be subject to periodic monitoring by the USFWS/CDFG for the economic life of the project. Should the USFWS or CDFG determine that certain plants/shrubs/trees offer nesting or perching opportunities for raptors, the plants/shrubs/trees so identified should be trimmed or removed and replaced to minimize the nesting and perching opportunities. 13. The landscape plan shall reflect the selection of trees and shrubs with a mature height that is less than the maximum height limits established within the Harbor District Specific Area Plan (Figure 4.1) specific to the location of said tree(s) and/or shrub(s). 14. All buildings and all structures that afford views into the marsh shall be equipped with Nixalite bird control systems to prevent raptor perching. 15. Prior to the issuance of any permits for the project, approval shall be obtained from the USFWS for the portion of the slope top path located within the northern edge of the habitat buffer to the Refuge. At a minimum, both environmental and cultural interpretive elements shall be provided on the view platform and/or slope top path, subject to review and approval by the USFWS. Maintenance costs of the slope top path and interpretive elements shall be assumed by the developer. 16. The physical barrier located along the south edge of the asphalt cap shall be subject to periodic monitoring by US Fish and Wildlife Service stnffto ensure its effectiveness in preventing raptors from perching on it. If the US Fish and Wildlife Service determines that the barrier, as constructed, is ineffective, re -design and re -installation may be required subject to the satisfaction of the US Fish and Wildlife Service. 17. A Hydrology study (100 year flood) is required for the new project. The study shall consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 18. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 19. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) 18 for the project. An approved SWPPP will be required prior to issuing of a construction permit. 20. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 21. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of' storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private stormwater treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. 22. A National Pollutant Discharge Elimination System (NPDES) permit is required for the discharge of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 23. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. The new sewer lateral will be based on a flow study and will contain a clean -out at the property line. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 24. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 25. 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. 26. Street improvements shall be in accordance with HDSAP and City Standards. All missing street improvements in connection with the required street widening and the public access improvements (As a minimum requirements: 450' of curbs, gutters, sidewalks and pavement) shall be constructed. Abandoned driveway aprons (40' driveway) shall be replaced with curb, gutter and sidewalks. We are aware of the disposition agreement for these improvements that Community Development Commission will be responsible for the installation. But the developer is also responsible for those improvements. 27. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. All easement shall be shown on the grading plan. 28. 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 in 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. 29. Grading requirements per the Certified Harbor District Specific Area Plan. a. Project grading plans shall be reviewed and approved in writing by a qualified biologist, prior to issuance of a grading permit, to avoid impacts on wetlands and the planned upland margin wetland habit buffer set forth in Section 3.4. b. Prior to issuance of a grading permit, "NO ENTRY -NO GRADING, NO CONSTRUCTION, NO STAGING" zones shall be clearly marked on grading plans around the perimeters of Paradise Marsh, the Harbor District's delineated wetlands, and the planned upland margin wetland habit buffer set forth in Section 3.4. c. Project grading specifications, to be submitted for approval along with grading plans, shall also delineate all construction access routes, including those located outside of existing City streets and/or the construction site. d. Project grading plans shall also designate the precise location(s) for on -site storage or stockpiling of excavated topsoil during construction, subject to the review and approval of the biologist, in consultation with the U. S. Fish and Wildlife Service and the California Department of Fish and Game. e. Where grading is allowed by a coastal development permit within 500 feet of a delineated wetland, the biologist, in consultation with the U. S. Fish and Wildlife Service and California Department of Fish and Game, may also require fencing or other means to protect the habitat or buffer area from direct or indirect impacts. f. Construction vehicle and other equipment fueling, lubrication, and maintenance shall occur, to the maximum extent feasible, outside of the Harbor District boundaries. g. When fueling, lubrication, and maintenance are necessary within the Harbor District boundaries, it shall occur on paved surfaces, and shall be prohibited within 300 feet of Paradise Marsh or other wetlands. h. Staging areas and construction zone footprints for new development are specifically prohibited in any wetland or, following its completion, the planned upland margin habitat buffer restoration area set forth in Section 3.4. i. Staging areas and construction zone footprints shall be delineated on project grading plans and shall be reviewed and approved, in writing, by a qualified biologist. j. If staging areas are located outside the construction footprint, they shall be surveyed for biological values and approved by a qualified biologist for absence of significant biological resources. k. Grading or construction activities shall be scheduled and conducted in consultation with staff of the US Fish and Wildlife Service and the California Department of Fish and Game to avoid adverse impacts on sensitive species and habitats. 1. Erosion and siltation of areas adjacent to, or downstream of, the project site due to grading or construction activities shall be avoided or minimized, including through rigorous adherence to an erosion control plan that is based on a 6-hour, 100-year recurrence rainfall event. 20 m. The erosion control plan shall be included in project grading plans, and reviewed and approved in writing by a qualified biologist; and its implementation shall be overseen by the contract supervisor. n. The erosion control plan shall include, as appropriate, the utilization of silt fences, siltation basins, sand bags, hay bales, or other devices to direct runoff and stabilize graded or devegetated areas during project construction and revegetation. . o. A site restoration plan, including detailed native plant palettes and methods for establishing successful native revegetation, shall be provided by the project applicant as part of the application for a coastal development permit. P. The site restoration plan shall be reviewed and approved by a qualified biologist in consultation with the US Fish and Wildlife Service and California Department of Fish and Game. q. Additional requirements may be imposed if adherence to the standards set forth in this section are deemed inadequate to ensure protection of the biological and physical resources of Paradise Marsh and adjacent delineated wetlands from the adverse effects of grading. 30. All project work is required to include the following measures to reduce fugitive dust impacts: a. All unpaved construction areas shall be sprinlded with water or other acceptable APCD dust -control agents during dust generating activities. Additional watering or acceptable APCD dust -control agents shall be applied during dry weather or windy days until dust emissions are not visible. b. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. c. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction -related dirt in dry weather. d. On -site stockpiles of material shall be covered or watered. 31. A 25-foot buffer between grading on the commercial site and any salt marsh vegetation shall be maintained. 32. At a minimum a silt fence shall be installed prior to commencement of grading, to prevent impacts to coastal salt marsh habitat. • 33. The underground water storage vault located near the southwest comer of the site shall be designed to handle a minimum volume occurring from a 100 year, 6-hour flood event. 34. The property owner shall continue to maintain on -site treatment and source control Best Management Practices (e.g. underground storage vault, clarifiers, filter, sweeping of impervious surfaces, etc.) for the economic life of the project. 35. All building signs for the hotel, restaurant and retail commercial building shall be subject to the size and location limits specified in the Harbor District Specific Area Plan (e.g. 50 square foot maximum). 36. Use of reflective glass windows is prohibited to reduce bird strike potential and glare. 71 37. All exterior lighting on the property, including lighting of any public paths, shall be designed so that the light will not spill over into Paradise Marsh. All light standards are subject to the height limits specified in Figure 4.1 of the Harbor District Specific Area Plan, and shall be equipped with Nixalite to reduce raptor perching opportunities. 38. A safety barrier shall be placed along the top of the Keystone retaining wall (along the southerly edge of the site) to prevent pedestrians from stepping off the top of the wall. The barrier may be comprised of planters, railings or other devices as approved by the City. 39. All public parking (vehicular and bicycle) shall be appropriately signed and restricted for public use for the economic life of the project. 40. A final public access program shall be reviewed and approved by the Planning Commission prior to the issuance of any building permits for the project. The plan shall specify all public access sign locations, design and the precise fmish surface of public paths. The signs shall be consistent with the standards of the Joint Coastal Commission -Coastal Conservancy Public Access Guidelines. 41. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 42. Building plans shall include canopy trees within the interior of the off -site (Depot) parking lot. 43. The off -site parking lot (Depot) should be designed to drain into the perimeter landscaping, particularly at the southwest corner of the lot. 44. Use of the nearby, off -site parking lot should primarily be for employees of the hotel, restaurant and retail commercial businesses and/or for valet parking. 45. On -going archaeological and paleontological monitoring shall be conducted during all construction and development activity that involves grading, excavation, or other disruptions to the surface of, and/or materials at depth beneath the project site. 46. In the event that archaeological or paleontological resources are encountered during project construction/grading all activity which could damage or destroy these resources shall be suspended until: a. representatives of the Kumeyaay or designated other appropriate local Native American group have been notified and consulted, with respect to archaeological resources; b. the site has been examined by a qualified archaeologist and/or paleontologist, as appropriate; and, c. mitigation measures have been developed to address the impacts of the construction or development activities. 47. A minimum of two trash enclosures serving the commercial uses shall be provided in accordance with city standards. They shall have an exterior to match the buildings. They shall be both secured and covered to prevent terrestrial and avian intrusion. 48. A public litter collection plan shall be reviewed and approved by the Planning Commission prior to the issuance of any building permits for the project. The plan shall show litter receptacles for public use provided on -site at easily accessible locations and in sufficient numbers. The 22 receptacles shall be both secured and covered to prevent terrestrial and avian intrusion. They shall be signed with multi-lingual signs, and shall be emptied frequently. 49. Prior to the issuance of any permits (e.g. grading, building) for the project, a Coastal Development Permit for the construction of off -site public access and street (Bay Marina Drive) improvements shall be approved and effective. 50. Prior to the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any structures on the project site, all off -site public access and street widening improvements must be installed and operational. 51. All utilities within a half street width along the property frontages shall be placed underground. 52. A copy of an executed SDA&E Memorandum of Understanding governing use of portions of the project site shall be provided to the Planning Department prior to the issuance of any permits for the project 53. Prior to the issuance of any permits for the project, the applicant shall provide evidence of authorization of the Unified Port of San Diego. 54. Prior to issuance of Certificates of Occupancy for any structures on the project site, open space easements to run for the economic life of the project shall be recorded for the following: • the 60 foot wide view corridor from Bay Marina Drive to the south across the site to Paradise Marsh; • habitat buffer at the southerly edge of the site; • 10 public parking spaces and 15 public bicycle spaces; • the diagonal public path along the westerly side of the site from Bay Marina Drive to Marina Way; • the main public path from Bay Marina Drive to the public view platform; • the 1,000 square foot public view platform; • and the slope top path, which connects with Marina Way. 55. Any office use of the ground floor of the retail commercial building, except retail travel/tourism offices, is prohibited. 56. All recommendations of the Geotechnical Investigation shall be implemented as part of any project grading and/or building permit. 57. Before this Coastal Development 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 Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11 58. This permit shall be valid for one year from the date of final City action upon the application, unless extended according to procedures specified in Section XIX (R) of the Local Coastal Program Implementation Document. 59. The proposed hotel shall be designed to mitigate both existing ambient noise and anticipated noise from the San Diego Freight Rail Plan, if definitive noise events and levels are specified in the plan. The resultant interior noise levels shall be consistent with interior noise limitations in the California Building Code. BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 29, 2005, by the following vote: AYES: Pruitt, Baca,Flores, Martinelli, Reynolds, Graham NAYS: ABSENT: Carrillo, Alvarado ABSTAIN: c�.c:L CHAIRWOMAN 24 2013-09 PU, CUP, CDP — 700 Bay Marina Dr. — oite Photos Building exterior looking north Building exterior looking west 25 STATE OF CALIFORNIA—THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 May 3,2013 Martin Reeder, AICP City of National City Development Services Department 1243 National City Blvd. National City, CA 91950 Re: Case File No. 2013-07 PD, CUP, CDP Dear Mr. Reeder: Commission staff has reviewed the Planning Commission staff report for the above referenced project, and have the following comments. The project consists of an application to remove Condition of Approval No. 55 of the Coastal Development Permit for the Marina Gateway Development (Case File No. CDP-2005-2). This condition states: 55. Any office use of the ground floor of the retail commercial building, except retail travel/tourism offices, is prohibited. The purpose of removing the condition would be to permit a professional college in suites on the both the ground floor (5,600 sq.ft.) and the upper floor (6,300 sq.ft.) of the retail commercial building located in the Marina Gateway development. The subject site is designated Commercial Tourist (CT) in the certified LCP. As noted in the staff report, the proposed college is not a tourist commercial use. The LCP Implementation Plan states: Section III. Commercial Zones B. Uses Permitted a. Offices and Studios (Use Group 27) shall be permitted only as an accessory use to a recreational use or tourist -oriented development. [Emphasis added] The City's Land Use Code includes ."Schools, Studios, and Colleges" under Use Group 27. The staff report then quotes a portion of the Land Use Code definition of "accessory use" and suggests that the proposed college could be considered an accessory use because it would be located on the same lot as the principle use. However, the complete definition of "accessory use" in the Code is as follows: • 26 May 3,2013 Page 2 Accessory Use "Accessory use" is a use conducted on the same lot as the principal use or structure to which it is related, except that where specifically provided in the parking and loading regulations, accessory off-street parking or loading need not be located on the same lot; and a use which is clearly incidental to and customarily found in connection which such principal use, and which is either in the same ownership as such principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use. [Emphasis added]. Thus, the Code clearly requires that an accessory use be related to, incidental to, customarily found in connection with, or for the benefit of the principal use or structure. Furthermore, the City's certified Implementation Plan, which is the standard of review for coastal development permits, states, in Section III. Commercial Zones, subsection (B): 2. Accessory uses. Section 18.16.100 of the Land Use Code provides for accessory use and buildings customarily incidental to a permitted use in commercial zones. [Emphasis added]. The permitted and principal use on the subject lot is Tourist Commercial, specifically, hotel and commercial retail. An example of a permitted Office accessory use might be offices associated with a hotel or store, or development such as a travel agency, or perhaps a tourist -oriented real estate company. The proposed medical college is not related to, incidental to, customarily incidental to, or for the benefit of any Tourist Commercial use on the site. Thus, the proposed use is not an accessory use, and is not consistent with the policies of the certified LCP. The City has very limited area designated for high -priority Commercial Tourist uses, and the City's permitted uses in the CT zone in the Coastal Zone are fairly expansive (for example, boat marinas and supportive commercial and recreational businesses are permitted). Subarea A in the Harbor District Specific Plan was specifically designated for tourist -commercial and recreational commercial development as the gateway to the bayfront and marina area, and as a scenic area next to Paradise Marsh. The subject permit condition was put on the project specifically to ensure that a minimum amount of tourist - related high priority uses are provided and preserved. Removal of the condition is inconsistent with the land use designation and the policies of the certified LCP that protect and prioritize tourist -commercial uses. Commission staff asks the City to recognize and adhere to the requirements of the certified LCP, and to protect the limited area in the City that has been designated for high priority tourist commercial uses, by rejecting the proposed coastal development permit request. 27 May 3,2013 Page 3 Thank you for the opportunity to comment, and please let me know if you have any questions. Sincerely, Diana Lilly Coastal Planner (G:San Diego'DIANA\ational City\Marina Gateway professional college cdp\Marina Gateway Professional College permit amendment.doc) 28 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-09 PD, CUP, CDP Project Location: 700 Bay Marina Drive, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a professional college within an existing commercial building on an existing commercial property. Applicant: Concorde Career College c/o: Mike Rookus 2 Kwaaypaay Court El Cajon, CA 92019 Telephone Number: (619) 445-4564 ext. 1026 Exempt Status: Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Assistant Planner 29 RESOLUTION NO. 12-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT MODIFICATION, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING LOCATED AT 700 BAY MARINA DRIVE. CASE FILE NO. 2013-07 PD, CUP, CDP APN: 559-160-33 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit for a professional college in a retail commercial building located at 700 Bay Marina Drive at a duly advertised public hearing held on May 20, 2013, 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. 2013-07 PD, CUP, CDP 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 20, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to Bay Marina Drive, an arterial street operating at a Level of Service (LOS) of A, and Interstate 5, a freeway, to accommodate the additional 300 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. 5. That the granting of this Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project has the potential to result in opportunities for tourist -related ancillary activities that are related to a tourism -related use, does not involve any land alterations, and provides for a use on an existing commercially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. 30 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit authorizes the temporary removal of Condition No. 55 of Planning Commission Resolution 24-2005, and a professional college at 700 Bay Marina Drive. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2013-07 PD, CUP, CDP, dated 3/7/2013. Condition of Approval No. 55 shall be reinstated at the expiration of this permit as stated in Condition No. 14. 2. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in Planning Commission Resolution 24-2005 are still in effect. 3. 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. 4. 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 the Land Use Code. 5. Before this Planned Development Permit modification, Conditional Use Permit, and Coastal Development 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 these permits. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permits. The applicant shall also submit evidence to the satisfaction of the Planning Department 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 Planned Development Permit modification, Conditional Use Permit, and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. Fire 7. Plans submitted for improvements must comply with the current editions of the 2010 edition of NFPA and 2010 edition of the CFC. 8. Occupancy load calculations shall be provided by the National City Building Division to ensure the project meets code. 9. If occupancy Toad is 50 or greater, panic hardware and illuminated green exits signs with emergency lights will be required. 31 10. Exit doors required for intended use of business shall be evaluated by the Building Department for adequate exiting and ADA requirements. 11. Fire extinguishers shall be placed inside building to meet California Fire Code requirements. Please call for direction on placement. 12. Fire sprinkler and fire alarm plans shall be directly submitted to the National City Fire Department. Permits and fees shall apply. 13.48 hours' notice is required prior to required fire inspection. Planning 14. Approval of this Conditional use Permit expires ten (10) years after adoption of the resolution of approval at 6:00 p.m. (per applicant's request). 15. The number of students shall be limited to no more than 50 per session (e.g., morning, afternoon, evening). 16. The Owner/Developer shall defend, indemnify, protect, and hold harmless the City, and any of its' agencies, departments, officers, officials, employees, or agents, from any and all claims, actions, suits, proceedings, liabilities, or judgments against the City or any of its' agencies, departments, officers, officials, employees, or agents, to attack, set aside, void, or annul, any approval of the City, or its' agencies, departments, advisory agencies, appeal board, or legislative body, concerning the project and the approvals and entitlements granted herein. 17. Any expansion of the use approved by this permit beyond the area shown in approved plans shall require modification of this Conditional Use Permit. 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 20, 2013, by the following vote: AYES: DeLaPaz, Bush, Alvarado, Flores, Baca, Pruitt, Garcia NAYS: ABSENT: ABSTAIN: 6ino-G/L- CHAIRPERSON 32 ARAM, YlM ViII MMefl05A• D(. t �.M Ilneer - 110. 41.*Il p.I O.,.r.tees IN r. wm ovdw ££ SA W • i m Z LEE L SAKAHARA ARCHITECTS AIA NY]R[CTM! WING WPM MARINA GATEWAY PLAZA OFFICE BUILDING SW COMM 141. MY MARINA OWNS NATIONk CRY. CALIFORNIA WNW ARCHITECTURAL PLAN � SITE PLAN iOM WI s ewe MGR'P Office Building Record Drawings DRCJob -d439 SECOND FLOOR GROUND FLOOR SCALE USABLE SPACE : 6,606 SF. RENTABLE SPACE : 7.036 SF. USABLE SPACE : 7,596 SF. RENTABLE SPACE : 8.209 SF. 34 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IIIIITEM TITLE: Request to use Martin Luther King Jr. Community Center (South Room) by National City Rotary Club, a service organization, for their weekly luncheon meetings on each and every Tuesday of the month for one year, from 12:00 noon to 1:30 pm for approximately 12-15 members. Applicant is requesting a waiver of $1,200.00 per council policy. MEETING DATE: June 4, 2013 AGENDA ITEM NO. 18 PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: DEPARTMENT: Public Works APPROVED BY: l b (}Q National City Rotary Club is requesting use of Martin Luther King Jr. Community Center (South Room) for their weekly luncheon meetings on each and every Tuesday of the month for one year. Approximately 12-15 members attend the meetings from 12 noon to 1:30 pm. Use of the kitchen is not being requested for cooking purposes. This request is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center and rental fees for National City service clubs.. • FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees.. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: acility Use Application Letter from Applicant dated May 8, 2013 Certificate of Liability Insurance City Council Policy 803 City of National City Facility Use Application Rev.6/28/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 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 anyyuestions from the City Council. c- 7.70 v; D fri c� O` Facility Requested: please circle Martin Luther Kin Jr. Building North Room outh Room Entire Facility rn C? rn C3 v _ Date(s) of Use: rt../ c ry tA-e2,Day(s) of Use: 'FA ebct=to S Time of Use: From: f 1 F-1 OPM To: 1130 A INCLUDE SET-UP & CLEAN UP TIME type of Function/Activity: GA) ee.,y3 Me Of Is the event open to the public? U/ 11 b OY) Name & Address of Organization/Group: IJ,Apo ir'W j &J/ 3 e.S. J3un t ) C %/9 c Non- profit organization No 'fTax ID # ftc-40`%cr%3,/,- Anticipated Maximum Attendance: vo a 'Percentage of National City Residents 33% Will Admission be charged? k) ® Amount $ Will this be a Fund Raising Event? A)O Equipment Requested: 3 es # of chairs e, # of banquet tables yjo Stage crophone **PLEASE ATTACH SEATING DIAGRAM 061 c f/.Rep Audio & Visual Equipment Required? (Please Specify) o.1„/ -`h.veociafl Use of Kitchen: Yes No Use of Gas for Range and Oven: Yes )C No Is the Use of Alcohol Requested? /Jo Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? ,/ Yes No ne: &ti y Name: Phone: 6.9 - (-Qv- 97,5-7 Phone: How many times in the last twelve months have ou requested to use a City Facility? t 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 Community 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: �^ `t — 13 r PRINT NAME: ► Z cg.6 SIGNATURE: ADDRESS OF APPLIC: 1 l $ZCevt— 1.)7(4) C` CITY, STATE, AND ZIP CODE: pest e.) Cog- 2z/ SY PHONE: DAYI'i) 62/—'?/a'FAX NUMBER: ? 9)47/— L/2 7 CONTACT PERSON ON THE DAY OF THE EVENT: CCu-6 qC k i? ,64 / PHONE: Oil 6 7/— Z f Z CELL: eir 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. Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: 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: n% 70 (. h 0 dcc.� VePerson in charge of activity: J Address: 1,1 SL Cave_ W c) Ley San ��i d) CA5z.2iJ / Telephone: ' 7-97Or E-Mail: Jc . Son -Cdorra. . ( Com City Facilities and/ or property requested: ky7G 1 r 6 - Scc4 Date(s) of use: frUndaj naDd / ).. 7— 7Wetg 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. Date 'S Certificate of Insurance Approved by Safety/ Security Please describe your procedures for crowd control and internal security: Y C¢ ))c-- 24.re !S f�9c.�rr cirrc2 czar-e-- h c1. e a tOtekilCGvx rnce-i1 • YES yNO 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: �I de, ?od Lott./ hcf �z caeszi < .4-Jc L.. �)e J011v19x-o FYI c /1 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. ,ulk Name: Contact phone number a 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: NATIONAL CITY ROTARY CLUB 8 May 2013 Director of Public Works Public Works Department 2100 Hoover Avenue National City, CA 91950 Mr. Joe Smith. The National City Rotary Club is requesting the use of the South Hall in the Martin Luther King Community Center, for our weekly luncheon meetings. We were using the South Hall when I joined the Rotary Club in 1999, and I believe we left in 2010. Except for holidays, the Club will meet every Tuesday, from noon till 1:30pm. The average number of members that meet on any given Tuesday is approximately 12-15. As you know we are a service organization that raises money to give back to the community. The following is a synopsis of our projects during the past Rotary year. -Provide $4000 to the National City Police Department for their Back to School Supplies Program for the ten Elementary Schools in National City. - Provided $560 for Miss National City to compete in the Miss San Diego Pageant. -Provided $600 for Sponsorship of the Miss National City Educational Pageant. -Provided $150 to an adopted family for Thanksgiving. - Provided $500 to the Boy Scouts participating in our American Flag Project with the Mile of Cars. -Provided $140 for the purchase of Christmas trees for the Wounded Warriors Program. -Provided twelve bikes and helmets for the National City Middle School Awards Ceremony. -Provided a $1000 scholarship to Sweetwater High School MCJROTC Program. The Rotary Club also participated in Christmas in July Program, and supported the Annual National City American Cancer Society Relay for Life event. The Rotary Club, also requests a waiver of funds to use the South Hall. The annual savings of $1200 would be used to enhance our community outreach programs. Favorable consideration of the use of the Martin Luther King Community Center, South Hall, and the waiver of rental fees would be appreciated. Best regajds, Bob Jac on Preside , National City Rotary Club National City, CA (619) 997-8705 CERTIFICATE OF LIABILITY INSURANCE. DATE (IM WDfYYYY) 05/08/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICE BELOW. TtRS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoraemenas). PRODUCER LOCKTON COMPANIES,LU -K CHICAGO 525 W. Monroe, Suite 600 CHICAGO IL 60661 (312) 669-6900 INSURED All Active US Rotary Clubs & Districts Attu: Risk Management Division 1560 Sherman Ave. Evanston, IL 60201-3698 COVERAGES • Lockton Companies, LLC 1-800-921-3172 Rotaryyu lockton.com si811RRRODAFPOPANa COVERAGE EA.aim 1-312-681-6769 INIDWESRA: ACE American Insurance Ccunnanv xsuRERB : ACE Property & Casualty Insurance Co INSURER 0 owe 22667 20699 INSURERa INSURER S: MMAIERF1 THIS IS TO CERTIFY THAT THE POUCIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDI)IONS OF SUCH nnal.lvn nromplav OF INSURANCE LISTED BELOW HAVE BEEN I86UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R INELIR INSUR TYPE OF AAICE IMER two POLICY r POLICY rjoreorap UNITS A , nw.UAnRJTY N PMI G23861355 004 7/1/2012 77/1/2Y013 EACNOCCURRPNOs S 2000,000 A... L5 MMER0IANG ABILITY DAMAGE TO RENTED PREMISES(Ee amel $ 500,000 CLNM&MADE OCCUR MED E)W NNW Ma amsanl $ XXXXXXX X Liquor Liability NALNnay INJURY 3 2,000,000 Included GENERAL AGGREGATE $ OEM. TE UNIT APPLIES PER: PRODUCTS• COMPr0PA00 10A00.000 $ 4.00(1.000 X X POLICY n LOC 1 A AUTOMOBILE LIABILITY N PMI G23861355 004 7/1/2032 7/1/2013 & ent '' $ I.000A00 A ANYAUIO ILL_ OWNED — BODILY INJURY(Parparmn) 3 IBC AUTOS actieOtAFp SODILYINJt$RYCP rami:min $ =DOOM X WED AUTOS ,, NAIJTOa Amos em PROPERTY ma.eomna�,l° oe ; XXXXXXX $ XXXXXXX B X ` ' 'LIM EXCESS _21,, OCCUR N MO0534092 004 7/1/2012 7/1/2013 EACH OCCURRENCE $ 5,000,000 LOR CLAIMS -MACE AGGREGATE • 16.000 O00 DEO 1 RET84TiONS • $ X 7 xx WORKERS c� PROPRIETURPARTNERiEXECTMVE P YIN A000(30( NOT APPLICABLE I Lm1Tr I Eri NY n NIA E.L. EACH AeODENT $ X lMyaq, Jk� Mrklgsr E.L DISEASEE- EA EMPLOYEE $ mama DESCn1PnON OF OPERATIONS befaW E.L. DISEASE - POLICY CANT $ XX.XXXXX DESCRIPTION OPOPERATtON8 !LOCATIONS !VEHICLES Attach ACORD 101, AdNeonel Reworks edadida, nmamergoare reg,lked) The Certificate Holder is included as Additional Insured where required by written and signed contract or permit subject to the terms and conditions of the General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. !coin are. Are un1 nrn The City of National City, its officials, agents, and employees Public Works Department 2100 Hoover Avenue National City, CA 91950 Rotary Club District 5340/National City Rotary Club For use of the Martin Luther King Community Center for weekly luncheon meetings. SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACOORDANCE WITH THE POUCV PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) The ACORD name and lop ere registered marks of AGGRO �`1988r!°01f1 ACORI`f: R ON. All rights reserved CITY COUNCIL POLICY TITLE: FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF POLI.CY 803 THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER NUMBER ADOPTED: August 10, 1993 AMENDED OR September 16, 2008 REVISED Purpose Page 1 of 3 To establish a.policy that defines appropriate facility usage and priorities and assigns responsibility for facility scheduling. Policy Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services. to Na- tional City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street Granger Music Hall City facilities shall not be used for private functions, commercial purpose for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities,any profit -making endeavors, or any activity not consistent with the general business purpose of the building. Related Policy Reference: National City "Facility Use Guidelines and Regulations for Senior and Recreation Centers" CITY OF NATIONAL CITY FACILITY USE GUIDELINES AND REGULATIONS FOR THE USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL The Martin Luther King, Jr. Community Center and Granger Music Hall are public facilities, owned by the citizenry of National City and administered for them by the City Council and the staff of the City of National City, for public use. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. FACILITY USE GUIDELINES AND REGULATIONS FOR THF. USE OF THE MARTIN LUTHER KING JR. COMMUNITY CENTER AND GRANGER MUSIC HALL City of National City The Facility Use Guidelines and Regulations cover the use of the Martin Luther King, Jr. Community Center, and Granger Music Hall. If you are unable to locate the information you need in this document, please call us at (619) 336-4290. POLICY Certain City facilities may be available for public meeting purposes, civic purposes, and non-profit organizations whose membership substantially includes National City residents or whose purpose is to provide services to National City residents. The City Council recognizes the benefit of granting permission to recognized groups/organizations for the use of City facilities, and may grant such approval upon the submission of an application. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. Facility use will be governed by City Council Policy and administered by the Community Services Department. The City Council further recognizes that a fee is appropriate in most circumstances, particularly to recover the City's cost to provide and/or maintain the various facilities. Upon the recommendation of the Community Services Director, local non-profit organizations or groups which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation: 1. Martin Luther King Jr. Community Center, 140 E. 12th Street 2. Granger Music Hall City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers or "for profit" events, religious organizations conducting activities, any profit -making endeavors, or any activity not consistent with the general business purpose of the building. The City of National City is committed to the policy that all persons shall have access to its facilities without regard to race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. 3 GUIDELINES AND REGULATIONS TABLE OF CONTENTS CATEGORIES OF USE By Priority 6 Fees and Deposits 8 Exclusions 8 Applicant Eligibility 9 FACILITY RESERVATIONS 9 Termination of Approved Use 9 RATES 10 SPECIAL RATES 10 Non -Profit Organizations National City Senior Citizens' Organizations FEES AND DEPOSITS 10 Kitchen Deposit Cleaning Deposit Key Deposit .11 FEES Facility Use Fee 11 PAYMENT 11 General Kitchen Cleaning Facility Use 12 KEYS 12 SET-UP DIAGRAM .12 DECORATING .12 RESTROOMS 13 INDEMNIFICATION ..13 4 INSURANCE 13 ALCOHOL REGULATIONS ..13 SECURITY 14 SMOKING 14 FINANCIAL STATEMENT 14 LOAN OF FACILITY EQUIPMENT 15 NON-DISCRIMINATION 15 5 CATEGORIES OF USE - BY PRIORITY Category Use Fees Required Approval I. City Events organized or sponsored by the City. No Fees Community Services Director II. City employee groups for official meetings. For other than official meetings, functions will . be classified by use. Custodial Fees Community Services Director III. Educational Groups. Educational activities organized by any school Council Approved Rate City Council IV. Governmental Agencies Council Approved Rate City Council V. Civic Groups/Service Groups Council Approved Rate City Council VI. Advocacy. An individual, group, sponsors of a ballot proposition, etc. for advocacy purposes, candidate's forum or a ballot proposition(s) Council Approved Rate City Council VII. Social Groups. National City Non-profit organizations, which are democratic in nature and organized for social purposes, with membership or participation, open to the general public. Note: A National City organization is defined as one having National City residents predominate as officers of the organization, and with at least 70% of its active membership comprised of residents of the City of National City. A non- profit organization is one whose articles of incorporation as non- profit have been endorsed by the California Secretary of State, and who submits either a receipt for payment of current California taxes or a current exemption for Council Approved Rate City Council 6 the payment of these taxes by the State Franchise Tax Board. VIII. Other. Proposed use not falling readily into one of the above use categories will require City Council approval. Council Approved Rate City Council XL Private. National City residents who would like to use Granger Hall for weddings, parties, and special events. Council Approved Rate City Council Note: National City Resident Groups shall have priority over non-resident groups. Groups with 70% or more group members who reside in National City will be considered Resident Groups. 7 CATEGORIES OF USE — FEES AND DEPOSITS Type Fees Council Action Kitchen Deposit Key Deposit Cleaning Deposit Facility Use Fee I. City Event No Fees None None None None None II. Employee Group Custodial fees None None None None None III. Educational Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable IV. Government Agencies Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable V. Civic/Service Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable .Required Non- waivable Refundable Required Non - waivable Refundable VI. Advocacy Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable VII. Social Group Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable VIII Other Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable XI. Private Council Approved Rate Required Required Non- waivable Refundable Required Non- waivable Refundable Required Non- waivable Refundable Required Non - waivable Refundable Exclusions City facilities are not available for the following purposes: A) Private functions. (Except Granger Hall) B) Commercial purposes, for personal financial gain C) Fundraisers or 'for -profit' events. `For -profit examples include charging for attendance to an event, marketing "parties", and retail sales. D) Normally authorized groups sponsoring private usage (i.e., a service group sponsoring a members wedding). (Except Granger Hall) E) Dances (unless sponsored by any City Department). (Except Granger Hall) F) Although a special event use by a religious group may be appropriate repeated use (i.e., essentially using the City facility as a church/temple) would not be. 8 APPLICANT ELIGIBILITY When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the regulations. A minimum of one adult per 28 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City Facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and /or legal action. City facilities rented for exclusive use may not be used for advertising, solicitation of sales, posting of signs or distribution of pamphlets without written consent from the Director of Community Services. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City Facility for causes not directly related to the activity in progress. FACILITY RESERVATIONS Category I events take precedence over all other users at any time Reservations will be accepted on a first -come -first -served basis. The schedule will remain tentative until 30 days before an event. At any time prior to 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and "bumping" (except for Category I) will not be permitted. The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs, community programs, or emergency requirements. TERMINATION OF APPROVED USE The applicant is responsible to ensure that participants are respectful of the facilities and equipment. The use of City facilities is a privilege and all requirements of City staff will be met expeditiously. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's of Fire Department's assistance as necessary to clear the premises. If this action isnecessary, the using organization will have to explain its actions to the City Council, and obtain City Council authority to schedule any future events. 9 RATES Fees for use of City facilities are set forth in the Facility Use Application and must be paid in fall at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The Community Services Director may, for sufficient reason, make exception to this clause, but in any event, payment must be received before the event occurs. Payment for the use of a City facility will be made payable to the 'City Of National City'. SPECIAL RATES: Non -Profit Organizations- Upon the recommendation of the Community Services Director, local non-profit organizations or groups, which routinely and regularly provide financial or other support to the City of National City may be exempted from room rental fees, as approved by the City Council. National City Senior Citizens' Organizations-. A National City senior citizens' organization whose headquarters is in National City, whose officers are primarily National City residents, and 75% of whose membership is over 62 years of age, will be entitled to a blanket 10% discount in the rental rate charged for a City facility. FEES AND DEPOSITS Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key (on the next business day) where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit, or.a portion of the deposit, will be forfeited and additional charges may be incurred. REFUNDABLE DEPOSITS: Kitchen Deposit in the amount of $60.00 is required, non-waivable and refundable upon city staff approval (see Item #2 below) (MLK only) Cleaning Deposit in the amount of $100.00 is required; non waivable and refundable upon city staff approval (See Item #3 below) 10 Key Deposit in the amount of $100 is required; non waivable and refundable upon city staff approval (See "Keys" below) NON-REFUNDABLE FEE: Facility Use Fee in the amount of $50.00 is required, non-waivable and non-refundable (See Item #4 below) PAYMENT 1 General At no time may the applicant extend the hours of the function. Failure to comply with this directive shall be grounds for denial of any future requests by the applicant.. 2. Kitchen (MLK only) A non-waivable, non-refundable kitchen deposit is required in the amount of $60.00. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional cleanup fee. Organizations must contact the Public Works Department at (619) 336-4580 to have the gas for the ovens turned on/off. Please give Public Works one -day advance notice. 3. Cleaning A Cleaning Deposit is required in the amount of $100.00. Premises should be left "broom -clean." Instances of lack of cleanliness or of physical damage will be corrected (or estimated) by the city, and the using group will be billed accordingly. If the facility is not left clean, it will be cleaned by City staff or by contract, and the offending organization will forfeit their deposit and be subject to an additional clean up fee. 11 The grounds and parking areas will be left clear of debris. Any required cleanup will be billed to the using group. 4. Facility Use Fee To help keep the facilities clean and in top operational condition, a non- refundable, non-waivable Facility Use. Fee is required in the amount of $50.00. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs/replacement will be made by the City, and the using group will be billed accordingly and possibly forfeit future use of City facilities. KEYS A Key Deposit is required in the amount of $100.00. Facility keys must be picked up from the Community Services Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. keys should be returned in person to the Department as soon as possible. Prior to leaving the facility, please ensure all doors of the facility are locked and secured. • Also See "Key Deposit" Duplication of keys is not permitted! SET-UP DIAGRAM Organizations are required to submit a room diagram at least 10 business days in advance of the event to allow proper setup by Public Works. Please call (619) 336-4290 if you require clarification. DECORATING Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or of fire -retardant materials. Organizations must bring their own U.L approved extension cords. Decorating for an event is not permitted outside of the facility. 12 RESTROOMS Organizations must request that restrooms remain unlocked during the course of the event. INDEMNIFICATION The applicant mustcomplete the release, hold harmless and indemnity agreement which releases the City and its Council, agents, servants, and/or employees, from any damages, claims, causes of action, injuries, or suits caused by any negligent or intentional act or resulting in liability or damage to any person's or the real and personal property of others by reason of the rental of the City's premises. INSURANCE All groups are required to have insurance to protect the City from liability occasioned by their use of the facility. Insurance shall be written with only California admitted companies, which hold a current. policy holder's alphabetic and financial size category rating of not less than "A VIII" according to the current Best's Key Rating Guide, or a company with equal financial stability that is approved by the City's Risk Manager. For Meetings, Dances or Dinners, Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence is required. The City of National City must be named as an additional insured pursuant to a separate endorsement, which must be provided with the certificate of insurance prior to the event. A "Hold Harmless" agreement must be executed by the organizer or sponsor of the event. Other activities will be considered on an individual basis. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. Insurance coverage may be obtained through the City under terms, conditions and rates applicable at the time. ALCOHOL REGULATIONS The specific approval of the City Council is required for the consumption of alcohol at a City facility. If required by the Department of Alcoholic Beverage Control, a permit from the Department of Alcoholic Beverage Control must also be obtained. Any such request must be presented in sufficient time to be processed by both agencies. If alcohol is sold or served, Host Liquor or Liquor Liability insurance with minimum limits of $1,000,000 per occurrence must be provided, an additional insured on this 13 coverage as well pursuant to a separate endorsement which must be provided with the insurance certificate prior to the event. If alcohol is going to be served a security guard may be required to be present, at a rate of one (1) security guard for every 200 attendees after consultation with the Police Department. Users must designate a person to ensure that alcohol is being served to persons 21 years of age and older. The designated alcohol server must also be 21 years of age or older. Users must specify in detail the monitoring of alcohol consumption. • Also See "Security" Clause SECURITY Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Community Services Director after consultation with the Police Department. • Also See "Alcohol" Clause SMOKING Smoking is not permitted in any part of the facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. FINANCIAL STATEMENT All organizations must submit how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any non-profit organization that uses a City facility more than six (6) times in a calendar year is required to submit a financial statement to the city and to provide a list of all board members and their home addresses. (Minute action 5/25/92). An EVENT FINANCIAL REPORT must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. 14 LOAN OF FACILITY EQUIPMENT (Tables, Chairs, Electronic, Musical, or Kitchen Equipment) Normally, this type of equipment supporting a City facility is not available for "borrowing" or for use outside the facility. Any borrowing or renting of equipment will be with the express approval of the City Council and charged at current rates. If such a loan is requested, an appropriate rental fee will be recommended by City staff. NON-DISCRIMINATION The applicant hereby assures. that all programs and activities implemented at City Facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's, race, color, religion, sex, national origin, age, marital or veterans' status, sexual orientation or disability. We Ask For Your Help! Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Community Services Department at (619) 336-4290 during regular business hours. 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2012 AGENDA ITEM NO. 19 ITEM TITLE: League of California Cities Annual Conference — Designation of Voting Delegate and Alternate(s) PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See attached Staff Report DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If approved by Council, the travel costs and registration fees associated with this meeting would be charged to the appointed City Council members' training funds included in the FY 2013 and/or 2014 budget. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2013 League of California Cities Annual Conference. BOARD / COMMISSION RECOMMENDATION: N/A' ATTACHMENTS: 1. Staff Report 2. League of California Cities' information dated April 26, 2013 Title: League of California Cities Annual Conference — Designation of Voting Delegate and Alternate(s) The League of California Cities 2013 Annual Conference is scheduled for September 18-20 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting scheduled for noon on Friday, September 20 at the Sacramento Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order for cities to cast a vote during the Business Meeting, each city's respective Council must designate a voting delegate. In the instance that the selected voting delegate is unable to serve in that capacity, the League of California Cities' bylaws afford each city the opportunity to appoint up to two alternate voting delegates. According to the League's bylaws, the selection of the voting delegate and alternates must be performed through the official action of the City Council. Furthermore, the voting delegate and alternates must be registered to attend the conference. Eligible individuals who may be selected as the City's voting delegate include the Mayor, each City Council member, as well as any other City official selected by the City Council to serve in this capacity. At this time, Staff respectfully requests the City Council consider appointing a voting delegate and one or two alternate voting delegates to vote on the City's behalf at the Annual Business Meeting of the League of California Cities on September 20, 2013. Staff Recommendation: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2013 League of California Cities Annual Conference. Fiscal Impact: The travel costs and registration fees associated with this meeting will be charged to the appointed City Council members training funds included in the FY 2013 and/or 2014 budget. LEAGUE OF CALIFORNIA CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Council Action Advised by August 2, 2013 PLEASE NOTE: You are receiving this letter and form earlier than usual because hotel space near the Sacramento Convention Center for the Annual Conference will be especially tight this year. As a result, we want to encourage you to make your hotel reservations early. April 26, 2013 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 18 - 20, Sacramento The League's 2013 Annual Conference is scheduled for September 18 - 20 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 20, at the Sacramento Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 23, 2013. This will allow us time to establish voting delegate/alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.orz. In order to cast a vote, at least one person must be present at the -over- • Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, September 18, 9:00 a.m. — 6:30 p.m.; Thursday, September 19, 7:00 a.m. — 4:00 p.m.; and September 20, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on .Friday, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, August 23. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: • 2013 Annual Conference Voting Procedures • Voting Delegate/Alternate Form LEAGUE OF CALI FORK IA. CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2013 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFORN[A CITIES CITY: 2013 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 23, 2013. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 23, 2013 League of California Cities ATTN: Mary McCullough 1400 K Street Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: mmccullough@cacities.org (916) 658-8247 Item # 20 6/4/13 Request for Proposals — On -Call Consultant Support Services for City CIP (Engineering) Item # 21 6/4/13 Update on Safe Routes to School Program (Engineering)