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Home My WebLink About2000 04-04 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, APRIL 4, 2000 - 3:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF MARCH 28, 2000. COUNCIL AGENDA 4/4/00 Page 2 PROCLAMATION Proclaiming April 9-15, 2000 to be: "BOYS & GIRLS CLUBS OF NATIONAL CITY WEEK" INTERVIEWS/APPOINTMENTS Planning Commission - Reappointment CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2000-31 Resolution of the City Council of the City of National City approving and authorizing the City Manager to execute an application for grant funds for playground equipment and a waterside. (Parks & Recreation) 2. Resolution No. 2000-32 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Expanets of California, Inc. for the maintenance and repair of the City's phone system. (Public Works) COUNCIL AGENDA 4/4/00 Page 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2000-33 Resolution of the City Council of the City of National City approving Change Orders Nos. 1, 2 and 3, accepting the work and authorizing the filing of a Notice of Completion for the traffic signal upgrades at 24th Street and Hoover Avenue/8th Street and Harbison Avenue. (Engineering Specs. No. 97-5) (Engineering) 4. Resolution No. 2000-34 Resolution of the City Council of the City of National City authorizing the City Manager to make application for a Used Oil Recycling Block Grant jointly with the cities of Chula Vista, Coronado and Imperial Beach. (Public Works) 5. Resolution No. 2000-35 Resolution of the City Council of the City of National City amending the Combined General Plan/Zoning Map . Case File Nos. GP-2000-1, GP-2000-2, ZC-2000-1, ZC 2000-2. (Planning) 6. WARRANT REGISTER #39 (Finance) Ratification of Demands in the amount of $1,084,709.95 7. Consolidated Cash & Investment Report as of February 29, 2000. (Finance) ORDINANCES FOR INTRODUCTION 8. Ordinance of the City Council of the City of National City amending Title 18 (Zoning) of the National City Municipal Code regarding the regulation of markets selling seafood. Applicant: City initiated. Case File No. A-2000-1. (Planning) COUNCIL AGENDA 4/4/00 Page 4 ORDINANCES FOR INTRODUCTION (Cont.) 9. Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code. Case File Nos. GP- 2000-1, GP-2000-2, ZC-2000-1, ZC 2000-2. (Planning) ORDINANCE FOR ADOPTION 10. An Ordinance amending Title 9 of the National City Municipal Code by adding Chapter 9.38 and Sections 9.38.010 through 9.38.100 pertaining to restricting the sale, display and promotion of tobacco products to minors. (City Attorney) NEW BUSINESS 11. Fire Station Project (Fire) 12. Temporary Use Permit - McCune -Chrysler -Plymouth -Jeep Used Vehicle Tent Sale. (Building & Safety) 13. Temporary Use Permit - National City Library - National City Celebrates Literacy and Reading is Fundamental Book Giveaway. (Building & Safety) - CITY MANAGER --> CITY ATTORNEY -* OTHER STAFF COUNCIL AGENDA 4/4/00 Page 5 NEW BUSINESS (Cont.) -+ MAYOR - CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - April 11, 2000 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4P ],1rti rtamathnt The Boys & Girls Clubs of America have served as one of our nation's leading youth development organizations for more than a century; and The Boys & Girls Clubs of National City provides hope and opportunity to 400 individual children and youth everyday; and The Boys & Girls Clubs of National City will celebrate National Boys & Girls Club Week, April 9 - 15, 2000 and invite all Club alumni to "Come On Home" to their local Boys & Girls Clubs; and The Clubs are using a special theme — "You needed us then. We need you know." — to emphasize to alumni how their time, talent and treasure can help the Clubs provide vital programs and services to today's kids; and The Boys & Girls Clubs of National City have produced countless outstanding alumni that have gone on to make significant contributions throughout National City and the country; and The Boys & Girls Club of National City is "The Positive Place for Kids", offering a safe and supportive place everyday after school, with adult role models and mentors, that provide young people with the motivation to learn, grow and aspire to a brighter future. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim April 9 - 15, 2000 to be: "BOYS & GIRLS CLUBS OF NATIONAL CITY WEEK" and call on all citizens to join with me in recognizing and commending the Boys & Girls Club of National City and its alumni for making a significant difference in the lives of our young people and our community. In addition, all citizens are invited to join with me for the dedication of the new Computer Lab on Friday, April 146 at 4:00 p.m. at the Club. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 4th day of April, 2000. C,enror atrrc Muvrir Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 24, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: PLANNING COMMISSION Please be advised that Fideles Ungab's term on the Planning Commission will be expiring on March 31, 2000. Mr. Ungab has served one term as a Planning Commissioner and is requesting consideration for reappointment. If there are no objections, this item will be placed on the Council Agenda for the meeting of April 4, 2000. GEOR E H. WATERS Mayor GHW:nu ® Recycled raper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: k is the purpose and intent of this form to provide the City Council with as much background Information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it Is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: L )' Cl. S�� (Last) (First) .1-emu Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Home Address. 3AL.0 Telephone: Residenc (P► i t 1 P4 ) BusinessiWo NUMBER OF YEARS Y HA WED IN: CALIFORNIA? SAN DIEGO COUNTY? / NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES NO (Optional) Y): �.��)... <7 aio)) ::.a. .::.:) a� �>'>F1 ..�.. :. .. oP �. .. .: :.dn.>. �..uc<>i.'::':iKP. `)�: Rc:;a'''5:., Via+ �, ti<> )<C;•� y>. Colleges attended and degrees held, if any: 4,A" e. v rti , er '- So r ."1 414I t-- C�.�ect / .1A Srcre Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: Ail 7- C, ram+ r 2 Y %_r S f% a 1• • .t _ /5 - �.ts'r c ,,, 6w ti C..rd. DATE: .3 - -' c YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of Notional City, California COUNCIL AGENDA STATEMENT MEETING DATE Apxi.L 4. 7000 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING AN APPLICATION FOR GRANT FUNDS FOR PLAYGROUND EQUIPMENT AND WATERSLIDE PREPARED BY JIM RUIZ IP(�.- DEPARTMENT PARKS AND RECREATION / EXPLANATION L Funds are for the purchase and installation of playground equipment at El Toyon, Las Palmas Park, and Sweetwater Height Park; and for a waterslide at the pool. 1 Environmental Review X N / A Financial Statement Total grant - $93,575 >-$wa RRCOMMENDATIQN Approve application Account No._ BOARD/COMMISSION RECOMMENDATION Approve 2000-31 A_TTACf1MFNTS (Listed Below) Resolution No. Application A. (Re. 9!EC' RESOLUTION NO. 2000-31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR GRANT FUNDS FOR PLAYGROUND EQUIPMENT AND WATERSLIDE WHEREAS, the Legislature and Governor of the State of California have approved a grant for the purchase and installation of playground equipment at El Toyon Park, Las Palmas Park and Sweetwater Height Park, and for a waterslide at the Las Palmas Pool; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project and setting up necessary procedures; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the state; and WHEREAS, said application contains assurances that the applicant must comply with. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California that the City Council hereby approves and authorizes the City Manager to execute an application for grant funds for the purchase and installation of playground equipment at El Toyon Park, Las Palmas Park and Sweetwater Height Park, and for a waterslide at the Las Palmas Pool. PASSED and ADOPTED this 4th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 7),44:0, George H. Eiser, III City Attorney PROGRAM APPLICATION FOR LOCAL ASSISTANCE GRANT PROJECT NAME PLAYGROUND EQUIPMENT & WATERSLIDE GRANT AMOUNT S 93,575 ESTIMATED TOTAL PROJECT COST (State Grant and other funds) $ 93,575 GRANT APPLICANT (Agency and address-incl. zip code) CITY OF NATIONAL CITY 1243 National City Blvd. National City, Ca. 91950 COUNTY AN DIEGO NEAREST CITY SAN DIEGO PROJECT ADORESS2005 E. 4th, 22nd & Newell, Cagle & Stockman NEAREST CROSS STREET SENATE DISTRICT NO. 40 ASSEMBLY DISTRICT NO. 79 Grant Applicant's Representative Authorized in Resolution Tom G. McCabe Name (type) City Manager 619 336-4240 Title Person with day-to-day responsibility for project (if different from authorized representative) Jim Ruiz Name (type) Phone Parks & Rec. Dir. 619 336-4293 Title Phone Brief description of project Installation of waterslide at municipal pool. Installation of playground equipment at El Toyon Heights Park. Park, Las Palmas Park, and Sweetwater For Dev. projects Land Tenure — Project is - acres: Acres owned in fee simple by Grant Applicant Acres available under a year lease Acres other interest (explain) For Acquisition projects Projects land will be Acquired in fee simple by Grant Applicant acres Acquired in other than fee simple (explain) I certify that the information contained in this project application form, including required attachments, is accurate and that I have read and understand the important information and assurances on the reverse of this form. Signed Grant Applicant's Authorized Representative as shown in Resolution Date DPR 834 110)891 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2000 AGENDA ITEM NO. 2 (-ITEM TITLE PREPARED BY EXPLANATION On June 16, 1998, the City Council awarded a bid for the purchase and installation of a new telephone system to Nexus Integrated Solutions, now named Expanets (refer to attachment #1). AWARD OF CONTRACT FOR CITY TELEPHONE SYSTEM TO EXPANETS RTMENT Public Works ,A1I Terry McAvoyl `' / fi Part of that proposal included a warrant period under which all system repairs and maintenance were to be covered as part of the original purchase. That warranty is now expiring, and the City is in need of a regular maintenance contract to provide for the telephone system maintenance and repair. The system maintenance and repair was included as a bid item under the original Request for Proposal for the new telephone system and a schedule of costs for a maintenance contract was included (refer to attachment #2). We desire to enter into a maintenance contract for telephone system service as bid in the Request for Proposal (refer to attachment #3). \ The estimated cost for the next year's telephone system maintenance 19, 2-3.7-6 . Environmental Review x N/A Financial Statement Funding resides in current year Facilities Maintenance Division appropriated budget. cou STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A 626-422-223-248 ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract with Expanets 3. Attachment No. 3 Resolution No. 2000-32 A-20, ,.'80 RESOLUTION NO. 2000- 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND EXPANETS OF CALIFORNIA, INC. FOR THE MAINTENANCE AND REPAIR OF THE CITY'S PHONE SYSTEM WHEREAS, on June 16, 1998, the City Council executed an agreement with Expanets of California, Inc. (formerly Nexus Integrated Solutions) for the purchase and installation of a new telephone system for the City; and WHEREAS, the agreement included a warranty period under which all system repairs and maintenance were to be covered as part of the original purchase; and WHEREAS, the warranty will soon expire, the City is in need of a regular maintenance agreement to provide for the telephone system maintenance and repair. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorized the Mayor to execute an agreement between the City of National City and Expanets of California, Inc. for the maintenance and repair of the City's phone system. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment #1 RESOLUTION NO.98-70 98JU22 P" RESOLUTION OF THE CITY COUNCIL di +EI CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NEXUS INTEGRATED SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF A NEW TELEPHONE SYSTEM, AND AUTHORIZING THE CITY MANAGER TO APPROVE ADDITIVE CHANGE ORDERS OF UP TO $60,000 IN THE AGGREGATE, AND DEDUCTIVE CHANGE ORDERS IN AN UNLIMITED AMOUNT FOR THE PROJECT WHEREAS, the City desires to employ a contractor to provide and install a new telephone system; and WHEREAS, Nexus Integrated Solutions is qualified by experience and ability to provide and install the new telephone system, and is willing to do so; and WHEREAS, the City has determined that Nexus Integrated Solutions is capable of providing the new telephone system at the most competitive price. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Nexus Integrated Solutions for the purchase and installation of a new centralized processor platform telephone system. Said agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is authorized to approve additive change orders of up to $60,000 in the aggregate, and deductive change orders in an unlimited amount for the project. BE IT FURTHER RESOLVED that the City Council elects not to enter into an extended maintenance contract for the new telephone system at the present time, but directs the City Manager or his designee to negotiate an extended maintenance contract for future Council approval. Signature Page to Follow Resolution No. 98 - 70 June 16, 1998 Page Two PASSED and ADOPTED this 16th day of June, 1998. George H. Waters, Mayor ATTEST: Cit y Clerk Mi ael R. Dall APPROVED AS TO FORM: 4.T George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 16, 1998, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 98-70 of the City of National City, California, passed and adopted by the Council of said City on June 16, 1998. i� `{ 4 N 4. r t1 ` ATE Cc* Ci Clerk of the City f National City, California By: Deputy AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXPANETS OF CALIFORNIA, INC. THIS AGREEMENT is entered into this 8th day of March, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and Expanets of California, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to repair and maintain the City's telecommunications systems. WHEREAS, the CITY has determined that the CONTRACTOR is a Licensed Communications Contractor and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein and as attached hereto in Exhibit A. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CON TRACTOR will perform services as set forth in the attached Exhibit A, Pages 1 through 4 inclusive. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CTI'Y may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. The price adjustment (if any) shall be pursuant to the amounts listed in Exhibit B attached hereto and incorporated herein. 1 Revised 05/99 3. PROJECT COORDINATION AND SUPERVISION. Terry McAvoy hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dale M. Hardy thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B (the Base amount) without prior written authorization from the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidencepertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of fmal payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. DELETED 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONIRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 2 Revised 05/99 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession.., 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CON 1RACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 3 Revised 05/99 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, of death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State 4 Revised 05/99 of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attomey's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. 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 equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, arc filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance. policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 5 Revised 05/99 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association the ("AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period, the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also he terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of 'Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of 6 Revised 05/99 said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dale M. Hardy Vice-President/General Manger Expanets of California, Inc. 17150 Via Del Campo, Suite 307 San Diego, CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, 7 Revised 05/99 either direct or indirect, without first notifying the CITY of that fact. The CON TRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file Statements of Economic Interest with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or Federal, State or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or Federal, State or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, arc not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise 8 Revised 05/99 made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect .that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, IIl City Attorney CONTRACTOR Dale M. Hardy Vice President/General Manager (Title) 9 Revised 05/99 Eapgnets Exhibit A, Page 1 of 4 MAINTENANCE AGREEMENT Equipment Location: Bill To: Customer Name City of National City Customer Name 'City of National City Street Address 1243 National City BlvdStreet Address 2100 Hoover Avenue City National City State CA. Zip 91950 City National City State CA. Zip 91950 Contact Mr. Termm McAvoy Contact Mr. Terry IvlcAvoy Telephone Number (619) 336-4582 Telephone Number (619) 336-4582 Qty. Covered Equipment Qty. Covered Equipment 1 LOT NEC MAINTENANCE. PER THE ATTCHED LIST OF SYSTEMS & ASSOCIATED EQUIPMENT Annual Maintenance Fee $ 19,253.76 , Plus Applicable Taxes Contract Start Date: 03/08/2000 Contract Term: 1 Year(s) Payment Cycle: Quarterly X Annually THIS AGREEMENT IS SUBJECT TO ALL TERMS AND CONDITIONS ATTACHED TO THIS DOCUMENT Special Terms, Conditions or Exclusions (If Any): Analog Telephone Instruments are Expressly Excluded from Maintenance Coverage, AiinWori CCMI rate tables are additional as stated on the attached equipment schedule. Agreed and Accepted: Purchase. City of National City • ` n Signature Signature Expanets of California. Inc. d/b/a Exr�,nets lloact Title Title le Date Date 3 I aI loo Version 7/16/99 Page I of 4 gkvatom&oat c ty\maintagr doe Exhibit A, Page 2 of 4 MAINTENANCE AGREEMENT TERMS AND CONDITIONS 1. MAINTENANCE SERVICES: a. In consideration of the Purchaser's payment of the maintenance fee, Exp@nets will keep all scheduled equipment in good operating condition by providing without additional charge, during Exp@nets' standard working hours, all labor and materials necoesitated by normal use, wear, and tear. b. In the event of a Purchaser emergency, within three business hours of notification by Purchaser, Exp@nets will dispatch a technician and provide those services needed. Emergency service shall mean failures in system power resulting in a complete loss of telephone service, 25% or more of the telephones out of service, 25% or more of the trunks/network access ports out of service, attendant console(s) is inoperative or no system dial tone. Non -emergency service will be dispatched within one business day. Labor associated with all service calls requested by the Purchaser before 8:00 a.m. or after 5:00 p.m. Monday through Friday, or anytime on Saturday, Sunday or Exp@nets recognized holidays, will be billed on a three-hour minimum at overtime rates. 2. MAINTENANCE SERVICES UNDER THIS AGREEMENT DO NOT INCLUDE THE FOLLOWING: a. Service of any attached, related, collateral, or ancillary equipment not specifically scheduled in this Agreement. b. Replacement of expendable items, such as batteries, paper, ink, etc., unless specifically scheduled in this Agreement. c. Purchaser requested moves, adds, changes, pre -fields, and other billable services. d. Failures of equipment resulting from causes other than normal use, wear, and tear including, but not limited to, misuse or negligent operation of the equipment, accident, theft or unexplained loss, connection with incompatible equipment, failure of or surges in electrical power, lightning, sabotage, earthquake, fire, flood, or any other acts of God. e. Repair or maintenance from Purchaser's failure to provide a suitable equipment environment as prescribed by the equipment manufacturer. This includes temperature ranges not less than 40 degrees F nor higher than 80 degrees F with humidity at 80% or less and not being exposed to any moisture/water and corrosive gases or materials at any time of the day or night. Required electrical power shall be provided on separate circuit breakers. Storage batteries shall not be located in the same room as the equipment unless there is constant ventilation to the outside. EQUIPMENT AND SERVICES REQUIRED TO MEET THESE ENVIRONMENTAL CONDITIONS SHALL BE PROVIDED AT CUSTOMER'S EXPENSE. f. Equipment which has been provided or serviced by any parties other than Exp@nets during the maintenance term. g. Any negotiations and licensing fees associated with broadcast rights to recorded or broadcast music or its access to the equipment. h. Any claims involving fraudulent intrusions or other fraudulent or illegal uses of the equipment. i. Any labor or materials required to resolve problems or other issues in third party equipment or services, whether connected directly to the equipment or not, at the request of the Purchaser. Such labor or materials shall be invoiced to Purchaser at Exp@nets then prevailing rates. 3. Fees and Payments: a. Purchaser agrees to pay all fees set forth in this Agreement plus any applicable taxes. Maintenance fees will be billed in advance of the scheduled maintenance term. Purchaser agrees to pay for all other services performed at the request of the Purchaser in accordance with Exp@nets' prevailing rates. Invoice terms are net thirty (30) days. Invoices which are not paid when due will be subject to a service charge of 1.5% per month or the maximum rate allowed by law until the date payment is received by Exp`e@nets. b. Failure of Purchaser to make timely payment can result in suspension of maintenance services at Exp@nets sole option. Version 7/16199 Paget of 4 gAwsiamernat_city inaimagr.doc Exhibit A, Page 3 of 4 4. TERM OF AGREEMENT: Equipment additions during the maintenance term will be incrementally priced or excluded from coverage. This Agreement will automatically renew for successive one-year terms unless canceled by either party, in writing, 30-days prior to the expiration of the term. 5. General: a. If the Purchaser fails to observe, keep, or perform any provision of this Agreement, Exp@nets without demand or notice, may discontinue maintenance services and terminate this Agreement at its option. However, discontinuance of maintenance in the event of default does not constitute termination. This Agreement shall also be subject to termination if either party files a petition in bankruptcy, is subject to a court -appointed trustee or receiver, is in reorganization, or is otherwise insolvent. b. The failure or delay by Exp@nets' or Purchaser to exercise any right, power, or privilege in this Agreement will not operate as a waiver. c. All remedies under this and any associated agreement are cumulative and may be exercised concurrently or separately. If any party to this Agreement resorts to legal action to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees in addition to any other relief to which they may be entitled. This provision applies to the entire Agreement. c. The validity or unenforceability of any provision in this Agreement shall not effect the validity or enforceability of any other provision. This Agreement in all respects shall be construed as if such invalid or unenforceable provision was omitted. d. Performance of any obligation by Exp@nets or Purchaser will be excused to the extent such performance is hindered, delayed or otherwise made impractical by Acts of God, labor disputes or any circumstances beyond their reasonable control. e. This agreement will be governed by the laws of the State of California. f This instrument constitutes the entire Agreement between the parties and there are no understandings, representations, or warranties of any kind, expressed or implied, not set forth herein. No modifications shall be effective unless in writing and signed by the parties. Vusion 7i16/99 Page 3 of 4 g:4ustomeenat_ city\maintagr.doc Exhibit A, Pape 4 of 4 City of National City MAINTENANCE AGREEMENT EQUIPMENT SCHEDULE, 2000-2001 SYSTEM 1, P.D. NEC 2400 SYSTEM: SYSTEM 2, PUBLIC WORKS NEC 2000 SYSTEM: 1 NEC 2400 ICS telephone system , CPU & power 1 supplies, including the following components: 16 NEC 16LCB X, 16 port analog interface cards 3 NEC 8TLTR, 8 port DID trunk cards 2 NEC 16COT, 16 port analog C.O. trunk cards 10 NEC 16ELC-J, 16 port digital station cards 2 NEC 24DTR, T-1 cards 2 NEC 24CCTA, T-1/CCIS cards 2 NEC SRST, register cards 1 NEC CFI B, 8 party conference card 1 LOT NEC Digital/Dterm telephones 1 Active Voice/NEAX Mail AD40, 16 Port/digital interface, Voice Processing System 1 NEC AimWorx , call Accounting P.C. & program software* NEC 2000 telephone system, CPU & power supplies, including the following components: 6 NEC 4LCD, 4 port analog interface cards 4 NEC 4DLCQ 4 port digital station cards 1 NEC 4COTB, 4 port analog C.O. cards 1 NEC 24DTA & SCOO, T-1/CCIS cards 1 LOT NEC Digital/Dterm telephones *Annual Rate table updates are excluded from maintenance coverage, and available at, the "then -current" rates. SYSTEM 3, FIRE STATION #10-NEC 2000 SYSTEM: 1 NEC 2000 IVS telephone system, CPU & power supplies, including the following components: 4 NEC 4LCD, 4 port analog interface cards 4 NEC 4DLCQ, 4 port digital station cards 1 NEC 4COTB, 4 port analog C.O. cards 1 NEC 24DTA & SCOO, T-1/CCIS cards 1 LOT NEC Digital/Dterm telephones Version 7:16/99 Page 4 of 4 g:'ausiomervrat_ city \maimtagr.doc Exhibit B, Page 1 of 2 CITY OF NATIONAL CITY MAINTENANCE PRICING, PER THE RFP POLICE DEPARTMENT, CIVIC CENTER, COMMUNITY BUILDING, AND UBRARY NEAX 2400 MAINTENANCE INVENTORY CARD TYPE NUMBER OF CARDS PORTS CRED TOTAL PORTS PRICE PER PORT (Per REP) TOTAL PRICE PER MONTH 16LCBJ (ANALOG STATION PORTS) 16 16 256 $1.90 $486.40 16ELCJ (DIGITAL STATION PORTS) 10 16 160 $2.52 $403.20 16COTB (ANALOG TRUNKS) 2 16 32 $1.90 $60.80 8TLTR (ANALOG DID TRUNKS) 3 8 24 $1.90 $45.60 24DTR (DIGITAL TRUNK PORTS) 2 24 48 $2.90 $139.20 24CCTA (DIGITAL CCIS PORTS) 2 24 48 $2.52 $120.96 16ELCJ (DIGITAL VOICE MAIL PORTS) 1 16 16 $2.52 $40.32 8CFT (ANALOG CONFERENCE PORTS) 1 8 8 $1.90 $15.20 TOTAL 2400 PRICE PER MONTH=> $1,311.68 FIRE STATION #10 4LCD-A (ANALOG STATION PORTS) 4 4 16 $1.90 $30.40 4DLCQ (DIGITAL STATION PORTS) 4 4 16 $2.52 $40.32 4COTB (ANALOG STATION TRUNKS) 1 4 _ 4 $1.90 $7.60 24DTAA-C (DIGITAL CCIS PORTS) 1 24 24 $2.52 $60.48 TOTAL FIRE STATION 10 PRICE PER MONTH=> $138.80 PUBLIC WORKS 4LCD-A (ANALOG STATION PORTS) 6 4 24 $1.90 $45.60 4DLCQ (DIGITAL STATION PORTS) 4 _ 4 16 $2.52 $40.32 4COTB (ANALOG STATION TRUNKS) 1 4 4 $1.90 $7.60 24DTAA-C (DIGITAL CCIS PORTS) 1 24 24 $2.52 $60.48 TOTAL FIRE STATION 10 PRICE PER MONTH=> $154.00 TOTAL COMBINED MAINTENANCE PRICE PER MONTH==> $1,604.48 CITY OF NATIONAL CITY - REQUEST FOR PROPOSAL Exhibit B, Page 2 of 2 Yes 12.3 GUARANTEED MAINTENANCE RATES Yes Yes Yes 87 The contractor guarantees to furnish this full maintenance contract for the new systems as specified in the RFP including all components at the prices listed below. Prices will increase only when the size of the system increases or components are added. The contractor shall provide one contract and one service company for all systems. YEAR 1 2 3 4 5 6 7 8 9 10 MONTHLY RATE Warranty S 1,378.44 S 1,419.79 1,462.39 TOTAL PER YEAR YEARLY RATE Warranty New Ports Analog Digital $ 16,541.28 $1.90 2.52 $ 17,037.52 $ 17,548.64 $ 1,506.26 S 18,075.10 $ 1,551.45 S 1,597.99 S 1,645.93 $ 1,695.31 $ 1,746.17 $ 18,617.36 S 19,175.88 S 19,731.15 $ 1.95 2.57 $ 2.00 2.62 $ 2.05 2.67 $ 2.10 2.72 $2.15 2.71 $2.20 2.82 $20,343.66 $2.25 2.87 $20,954.00 $2.30 2.92 The maintenance contract shall provide replacement of all defective parts and/or components plus on -site service Monday through Friday from 8:00 A.M. to 5:00 P.M. Emergency service shall be available seven days per week, 24 hours per day with a two hour on -site response. Emergency response labor charges shall be separately billed to the Client if they are required before or after the normal business hours listed above. Guaranteed maintenance rates include service on all supplemental components including UPS System, Voice Messaging System, Call Management System and a yearly update of the area codes and prefixes in the call accounting and the least cost routing charts. The service technician shall work to completion on all problems as long as reasonable progress is being made. The technician will be required to sign in and out and to report the status of the problem in writing before departure. Yes The hourly rate for work requested beyond the scope of the specifications shall be S 80.00 per hour. ----------- -•- ..in.ArminDAD rag9765 (909) 861-2353 FAX (909) 860-6810 CITY OF NATIONAL CITY - REQUEST FOR PROPOSAL ATTACHMENT #3 Yes 12.3 GUARANTEED MAINTENANCE RATES Yes Yes Yes The contractor guarantees to furnish this full maintenance contract for the new systems as specified in the RFP including all components at the prices listed below. Prices will increase only when the size of the system increases or components are added. The contractor shall provide one contract and one service company for all systems. YEAR MONTHLY RATE TOTAL PER YEAR YEARLY RATE 1 Warranty Warranty New Ports Analog Digital 2 S 1,378.44 S 16,541.28 S1.90 2.52 3 S 1,419.79 S 17,037.52 $1,95 2.57 4 S 1,462.39 5 17,548.64 $2,00 2.62 5 S 1,506.26 S18,075.10 $2.05 2.67 6 5 1,551.45 $ 18,617.36 $2.10 2.72 7 5 1,597.99 S 19,175.88 $2.15 2.71 8 5 1,645.93 S19,751.15 $2.20 2.82 9 S 1,695.31 $20,343.66 $2.25 2.87 10 S 1,746.17 $20,954.00 $2.30 2.92 The maintenance contract shall provide replacement of all defective parts and/or components plus on -site service Monday through Friday from 8:00 A.M. to 5:00 P.M. Emergency service shall be available seven days per week, 24 hours per day with a two hour on -site response. Emergency response labor charges shall be separately billed to the Client if they are required before or after the normal business hours listed above. Guaranteed maintenance rates include service on all supplemental components including UPS System, Voice Messaging System, Call Management System and a yearly update of the area codes and prefixes in the call accounting and the least cost routing charts. The service technician shall work to completion on all problems as long as reasonable progress is being made. The technician will be required to sign in and out and to report the status of the problem in writing before departure. Yes The hourly rate for work requested beyond the scope of the specifications shall be 5 80.0o per hour. COM CONSULTANTS 22066 CEDARDALE, DIAMOND BAR, CA 91765 (909) 861-2353 FAX (909) 860-6810 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2000 AGENDA ITEM NO. __ 3 ITEM TITLE RESOLUTION APPROVING CHANGE ORDERS NOS. 1, 2, AND 3,\ ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL UPGRADES AT 24TH STREET AND HOOVER AVENUE/8TH STREET AND HARBISON AVENUE, SPECS. NO. 97-5 PREPARED BY EXPLANATION Din Daneshfar DEPARTMENT SEE ATTACHED REPORT Engineering Environmental Review X N/A Financial Statement STAFF RECOMMENDATI Adopt the Reso gj"e for approvi g Change Orders Nos. 1, 2, and 3, accepting the work, and authorizing t - filing of a Notice of Completion. The final contract cost is $157,578.80. Funds are available from Account No. 307-509-500-598-6558. Account N BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENT$ ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Change Order Nos. 1, 2 and 3 4. Notice of Completion Resolution No. 2000-33 97-5 A•20;9;8C� RESOLUTION APPROVING CHANGE ORDER NOS. 1, 2 AND 3, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL UPGRADE AT 24TH STREET AND HOOVER AVENUE/8TH STREET AND HARBISON AVENUE, SPEC. NO. 97-5 Explanation: On July 14, 1998, by Resolution No. 98-93, the City Council awarded a contract in the amount of $146,000 to Trasig Corporation for the Traffic Signal Upgrades at two locations. The work consisted of the upgrading of existing Traffic Signals at the following intersections: 1. 24th Street and Hoover Avenue 2. 8th Street and Harbison Avenue On October 17, 1999 the work was completed. The work was inspected and found to be in accordance with the approved plans and specifications. The final project cost totals $157,578.00 which is $11,578.80 more than the original contract price. The increase cost was due to the following additional work: 1. One of the proposed traffic signal poles (northeast corner) had to be relocated to the back of the sidewalk in order to clear an existing unknown underground facility. This required the purchase of a larger pole and longer mast arm than originally anticipated. 2. The four pedestrian ramps were relocated at the intersection of 24th Street and Hoover Avenue in order to accommodate the improved pedestrian cross -walks configurations. This intersection has irregular geometry. 3. Additional striping and pavement markings were installed for left turn lane transition. Attached is the contract final pay estimate for the project. It lists the quantities actually constructed and indicates the increases from the original estimated quantities. It is recommended that the project be accepted and a Notice of Completion be filed with County of San Diego. RESOLUTION NO. 2000- 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDERS NOS. 1, 2 AND 3, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL UPGRADES AT 24TH STREET AND HOOVER AVENUE/8TH STREET AND HARBISON AVENUE (Engineering Specs. No. 97-5) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by TRASIG CORPORATION, Engineering Department Specification No. 97-5, for traffic signal upgrades at 24th Street and Hoover Avenue/8`" Street and Harbison Avenue has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Orders Nos. 1, 2 and 3 are hereby approved. PASSED and ADOPTED this 4th day of April, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iscr, III City Attorney SPECIFICATION NO.:97-5 CHANGE ORDER NO.: 1 CONTRACT CHANGE ORDER Page 1 DATE: 5/10/99 PROJECT NO.: 6558 FINAL INSPECTIO 10/17/99 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES FROM THE CONTRACT PLANS AND SPECIFICATIONS. ITEM NO. DESCRIPTION OF CHANGES —QUANTITIES, UNITS, UNIT PRICES, CHANGES IN COMPLETION SCHEDULE, AND JUSTIFICATION. DECREASE IN CONTRACT PRICE INCREASE IN CONTRACT PRICE Extra Work (I) @ 24th St & Hoover Ave 1 Type 1A Standard Installed Lump Sum Price @ $1,100.00 $1,100.00 2 Change Signal Type from 24-4-70 To 29-5-70 Lump Sum Price @ $2,600.00 $2,600.00 3 Install 2" Conduit 20 LF @ $10.00/LF = $200.00 $200.00 Justification The extra work was needed due to the relocation of a traffic signal pole which was originally proposed to be installed in an existing traffic island adjacent to the north- easterly curb return at the intersection of 24th street and Hoover Avenue. The signal pole was relocated to the back of the sidewalk and moved further to north of 24th Street along east side of Hoover Avenue in order to avoid conflicts with the existing unidentified underground facilities which were encountered during the excavation for the pole bases. In conjunction with this change, the existing island had to be removed and replaced with a pavement structural section. the TOTALTHIS PAGE $3,900.00 SPECIFICATION NO. 97-5 CHANGE ORDER NO.: 1 CONTRACT CHANGE ORDER Page 2 DATE: 5/10/99 PROJECT NO.: 6558 FINAL INSPECTION: 10/17/91 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation ORIGINAL CONTRACT PRICE: $146,000.00 CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGESIS $146,000.00. THE SUM OF $3,900.00 IS HEREBY ADDED TO THE TOTAL CURRENT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE IS $149,900.00. THE TIME (60 WORKING DAYS) PROVIDED FOR COMPLETION IN THE CONTRACT WAS CHANGED BY 37 WORKING DAYS. THEREFORE, THE REVISED TOTAL CONTRACT TIME IS 97 WORKING DAYS. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUIRED BY THE CITY. PREPARED BY: DIN DANESHFAR DATE: 312112000 I THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTHERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECIFIED, AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE. ACCEPTED BY:Ldlvua CONTRACTOR'S SIGNATURE NAME APPROVED BY: APPROVED BY: RESOLUTION NO. : DATE: 3/e4100 TITLE: p> DATE: DATE: DATE: SPECIFICATION NO.:97-5 CHANGE ORDER NO.: 2 CONTRACT CHANGE ORDER Page 1 DATE: 8/31/99 PROJECT NO.: 6558 FINAL INSPECTION: 10/17/99 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES FROM THE CONTRACT PLANS AND SPECIFICATIONS. ITEM NO. DESCRIPTION OF CHANGES —QUANTITIES, UNITS, UNIT PRICES, CHANGES IN COMPLETION SCHEDULE, AND JUSTIFICATION. DECREASE IN CONTRACT PRICE INCREASE IN CONTRACT PRICE 1 Extra Work (I) 0 24th St & Hoover Ave $4,800.00 $4,800.00 Expand Limits of Four Proposed Pedestrian Ramps 4 each @ $1,200.00/ea =$4,800.00 Justification The proposed pedestrian ramps were expanded at the intersection of Hoover Avenue and 24th Street in order to correspond the proposed pedestrian X-walks configurations due to the irregular intersection geometry. TOTALTHIS PAGE SPECIFICATION NO :97-5 CHANGE ORDER NO.: 2 CONTRACT CHANGE ORDER Page 2 DATE: 8/31/99 PROJECT NO.: 6558 FINAL INSPECTION: 10/17/99 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation ORIGINAL CONTRACT PRICE: $146,000.00 CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGES IS 6149,900.00. THE SUM OF $4,800.00 IS HEREBY ADDED TO THE TOTAL CURRENT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE IS 6154,700.00. THE TIME (60 WORKING DAYS) PROVIDED FOR COMPLETION IN THE CONTRACT WAS CHANGED BY 37 WORKING DAYS. THEREFORE, THE REVISED TOTAL CONTRACT TIME IS 97 WORKING DAYS. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUIRED BY THE CITY PREPARED BY: DIN DANESHFAR DATE: 3121I00 In THE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTHERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECIFIED, AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE. ACCEPTED BYE -- CONTRACTOR'S SIGNATURE NAME: Thy m AS S r APPROVED BY: APPROVED BY: RESOLUTION NO. : DATE: g`Zgko TITLE: Q/166- DATE: DATE: DATE: SPECIFICATION NO. :97-5 CHANGE ORDER NO.: 3 CONTRACT CHANGE ORDER Page 1 DATE: 8/31 /99 PROJECT NO.: 6558 FINAL INSPECTION: 10/17/99 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING CHANGES FROM THE CONTRACT PLANS AND SPECIFICATIONS. ITEM NO. DESCRIPTION OF CHANGES —QUANTITIES, UNITS, UNIT PRICES, CHANGES IN COMPLETION SCHEDULE, AND JUSTIFICATION. DECREASE IN CONTRACT PRICE INCREASE IN CONTRACT PRICE i Extra Work (I) Cq? 8th Street and Harbison Avenue $2,878.80 $2,878.80 Remove and Replace Striping, Add Type A Markers, and Repair Conduit at 3 Locations. Justification Additional striping and pavement marking was needed due to the extension of the striping for maintaining a desireable left turn lane transition. This work also included installation of the additional thermoplastic pavement markings. This work also included conduit repair at four loactions at the intersection of National City Blvd. and 24th Street. The existing conduit was damaged in conjunction with the Street Beautification Project which was done previously at this intersection. TOTALTHIS PAGE SPECIFICATION NO. 97-5 CHANGE ORDER NO.: 3 CONTRACT CHANGE ORDER Page 2 DATE: 8/31/99 PROJECT NO.: 6558 FINAL INSPECTION: 10/17/99 COMPLETION DATE: 4/4/00 PROJECT: Traffic Signal Upgrades at 24th St & Hoover Ave/8th St & Harbison Ave TO: (CONTRACTOR): Trasig Corporation ORIGINAL CONTRACT PRICE: $146,000.00 CURRENT CONTRACT PRICE, AS ADJUSTED BY PREVIOUS CHANGES IS 8154,700.00. THE SUM OF $2,878.80 IS HEREBY ADDED TO THE TOTAL CURRENT CONTRACT PRICE, AND TOTAL ADJUSTED CONTRACT PRICE TO DATE IS $157.578.80. THE TIME (60 WORKING DAYS) PROVIDED FOR COMPLETION IN THE CONTRACT WAS CHANGED BY 37 WORKING DAYS. THEREFORE, THE REVISED TOTAL CONTRACT TIME IS 97 WORKING DAYS. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL PROVISIONS OF THE CONTRACT WILL APPLY HERETO. THE CONTRACTOR ACCEPTS THIS CHANGE ORDER AS FULL COMPENSATION FOR ADDITIONAL WORK AND ANY DELAY TO THE PROJECT CAUSED BY THIS CHANGE ORDER. THIS CHANGE ORDER WAS REQUIRED BY THE CITY. PREPARED BY: DIN DANESHFAR DATE: 3/21/2000 43 HE UNDERSIGNED CONTRACTOR, HAVE GIVEN CAREFUL CONSIDERATION TO THE CHANGES PROPOSED AND HEREBY AGREE, IF THIS PROPOSAL IS APPROVED, THAT WE WILL PROVIDE ALL EQUIPMENT, FURNISH ALL MATERIALS, EXCEPT AS MAY OTHERWISE BE NOTED ABOVE, AND PERFORM ALL SERVICES NECESSARY FOR THE WORK ABOVE SPECIFIED, AND WILL ACCEPT AS FULL PAYMENT THEREFORE THE PRICE SHOWN ABOVE. ACCEPTED BY:-.141-Le.DATE: 3 CONTRACTOR'S SIGNATURE NAME: 7: 9) m /}S OS Y+`,^ APPROVED BY: APPROVED BY: RESOLUTION NO. : TITLE: /Ores . DATE: DATE: DATE: Contract Final Balance SPECIFICATION NO. : 97.5 PROJECT: Traffic Signal Upgrades at 24th St. and Hoover Ave/8th St. and Harbison Ave TO: (CONTRACTOR) Trasig Corporation The sum of $11,578.80 is hereby added to the total contract price, and the total adjusted contract price to date thereby is $157,578.80. The time (60 working days) provided for completion in the contract was changed by 37 working days. Therefore, the revised total contract time is 97 working days. This document shall become an amendment to the contract and all provisions of contract will apply thereto. The Contractor accepts this Final Balance as full compensation for additional work and any delay to the project caused by all of the Change Orders. Prepared by: ,D,1 O -h Qcf Accepted by:e=119~u7J../0Z .v bs.) Contractor's signature "TA om,45 Fc s Name Approved by: City Engineer Resolution No. DATE: 3121/2000 Project No.: 6558 Final Inspection Date: 10117199 Completion Date: 414100 Date: 3/23/o'i Date: 3 /29%o Title: p," e5. Date: Date: Page 2 Contract Final Balance SPECIFICATION NO. : 97-5 PROJECT: Traffic Signal Upgrades at 24th St. and Hoover Ave/8th St. and Harbison Ave TO: (CONTRACTOR) Trasig Corporation You are hereby requested to comply with the following changes from the contract plans and the specifications. DATE: 3/21/2000 Project No.: 6558 Final Inspection Date: 10/17/99 Completion Date: 4/4/00 Page 1 ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE € ORIGINAL CONTRACT INCREASE (+) DECREASE (-) TOTAL TO DATE QUA'TY I AM'T $ QUA'TY AM'T $ QUA'T AM'T $ 1 Traffic Signal Intersection upgrade LS $ 72,125.00 1 S 72,125.00 at 24th Street/Hoover Avenue 2 Traffic Signal Intersection upgrade LS $ 62,125.00 1 $ 62,125.00 at 8th Street/Harbison Avenue 3 Minor street reconstruction SF $ 3.50 1000 5 3,500.00 (4-inch AC on 10-inch CMN 4 Interconnect Cable LF $ 5.00 1500 $ 7,500.00 5 Storm Drain Warning Tile Each $ 250.00 3 $ 750.00 SUBTOTAL $ 146,000.00 Extra Work No 1 through 3: 1 1000 1500 3 572,125.00 $62,125.00 $3,500.00 $7,500.00 $750.00 $146,000.00 CCO#1 24th & Hoover - Change Pole Locations LS S 3,900.00 LS S 3,900.00 LS 53,900.00 CCO#2 Pedestrian Ramp Expansion Each $ 1,200.00 4 5 4,800.00 4 $4,800.00 CCO#3 Remove -Replace Striping, Add LS $ 2,878.80 LS $ 2,878.80 LS $2,878.80 Thermoplastic Arrows, Add Type A markers, repair ICS conduit 3 each locations SUBTOTAL 611,578.80 Total This Page Total 6146,000.00 $11,578.60 $157,578.80 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL. CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on April 4, , 2000, of the Traffic Signal Upgrades at 24th Street and Hoover Avenue/8th Street and Harbison Avenue . Work of improvement or portion of work of improvement under construction or alteration. on the premises located at . the intersection of 24th Street and Hoover Avenue/8th Street and Harbison Avenue Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A 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 TRASIG CORPORATION Name of Original Contractor The following work and material were supplied: Electrician, Scraper, Loader, Trucks, Concrete., Asphalt and Base Materials. General statement of kind of labor, services, equipment or materials 'l'he names and addresses of co -owners are: Joint tentants, tenants in common, or other owners Dated: , 2000; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 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 , 2000, at , California. Signature: GEORGE H. WATERS, MAYOR MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 4, 2000 AGENDA ITEM NO. _4 / ITEM TITLE A RESOLUTION AUTH FOR A USED OIL RECYCLING BLOC VISTA, CORONADO AND IMPERIAL PREPARED BY EXPLANATION Terry McAvo IZING THE CITY MANAGER TO MAKE APPLICATION GRANT JOINTLY WITH THE CITIES OF CHULA TMENT See attached explanation. Public Works Environmental Review x N/A Financial Statement There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. Should the grant be awarded, the appropriation will be made separately for each fiscal year as part of the budget process The •r.nt does provide funds to cover any costs required by the pro • - '. y entation. Account No. STAFF RECOMMENDATION Approve Resoluti BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS [ Listed Below) 1. Resolution 2. Grant Application 3. Letter from City Manager Resolution No. 2000-34 Oil A-2'2C; :9.83 RE: A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR A USED OIL RECYCLING BLOCK GRANT JOINTLY WITH THE CITIES OF CHULA VISTA, CORONADO AND IMPERIAL BEACH EXPLANATION: The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. National City consumers pay four cents per quart into the fund when they purhcase oil. The Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage recycling. Block grants are distributed to applicants based on population, approximately $0.32 per person for used oil and $.025 per person for used oil filters for each city. If the City does not apply for a grant in this cycle, the funds that are allocated for the City will either be distributed among the applicants in this year's competitive grant cycle or transferred to the state's general fund. The Cities have received five regional grants funded by the Used Oil Enhancement Act for fiscal years 1994/95, 1995/96 and 1996/97 and 97/2000 (totaling approximately $1,100,000.00). The grants are currently funding used oil public education and recycling programs designed to reduce or eliminate the contamination of the local watershed caused by improper disposal of used oil. This block grant would provide approximately $97,151, of additional funds for each of the next three fiscal years to allow the Cities to continue the primary components of the existing programs through the 2002/2003 fiscal years. The State's deadline for filing the grant application is April 5, 2000. This application for a used oil block grant requests approximately $97,151 to continue the program funded by the previous used oil grants. The proposed program is briefly outlined in the State's new abbreviated application (Attachment A). This application is a "regional application" that includes Chula Vista, Coronado, Imperial Beach and National City. Imperial Beach, National City and Coronado will provide letters from their respective cities documenting their interest in participating in the South Bay Used Oil Program. This block grant application provides funds to continue technical assistance and provide new supplies for the thirty (35) state certified used oil and oil filter recycling centers established under the previous grants. The program also provides funding to continue the curbside collection program in Chula Vista and Imperial Beach. These funds may also be used to assist other participating South Bay jurisdictions that may wish to start curbside use oil program during the grant cycle. This grant application will also fund the state required public education program. That public education program will allow the City to continue local newspaper advertising, portable displays, point of purchase displays, poster distribution, public service announcements, the used oil and household hazardous waste hotline and billing insert activities. The point of purchase displays provide tear -off sheets with the name, hours and location of used oil recycling centers and are placed at retail outlets that sell motor oil but do not accept used oil for recycling. The used oil interns currently replenish point of purchase displays at approximately 200 stores in the South Bay each quarter. There is at least one mobile display promoting the South Bay used oil and household toxic waste programs in each of the participating cities. The interns move the displays to a different EXPLANATION: Page 2 high traffic business each month to increase public exposure to the program. The program places about six advertisements promoting the program in local papers each year. The interns also distribute posters and premiums such as recycled content pencils, pens ke chains, pencil pouches and canvas bags tom all certified used oil collection centers, at school presentations and at city special events. The total grant request is $291,453 ($97,151 per). No local matching funds are required by the State and none are recommended. RESOLUTION NO. 2000- 34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR A USED OIL RECYCLING BLOCK GRANT JOINTLY WITH THE CITIES OF CHULA VISTA, CORONADO AND IMPERIAL BEACH WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the City of National City, as applicant, will enter into an agreement with the State of California for implementation of a used oil collection program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the City Manager to submit regional grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling enhancement Act and all available Household Hazardous Waste grants under the California Integrated Waste Management Act through December 31, 2003. This authority includes but is not limited to a regional application for the 2000/2003 Used Oil Recycling Block Grant. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and empowered to execute all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the regional grant applicant for Used Oil and Household Hazardous Waste programs in the South Bay. PASSED and ADOPTED this 4th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: /3 Z George H. Eiser, III City Attorney MAK-ZS-UU TUE 1(:UU CITY OF CHULA VISTA FAX NO. 6195855612 P. 01 Attachment A RECYCLE USED OIL 2000/2003 USED OIL BLOCK GRANT SIXTH CYCLE APPLICATION Application Due Date: April 6, 2000 Instructions for completing this form can be found on pages 8 and 9. Applicant If applicable, on a separate sheet of paper list the participating jurisdictions, a contact name, address, and contact's phone number and e-mail address. City of Chula Vista as lead jurisdiction for the cities of Coronado, Imperial Beach and National City Address: 276 Fourth Ave. Chula Vista CALIFORNIA 91 910 Street _ City _ State Zip Code Program Director. Michael T. Meacham Special Operations Manager Printed Name of Program Director Title Address (If different than above) City State (619) 691-5122 (619) 585-5612 mmeachantiici.chula-vlsta.ca.us Zlp Code Phone Number Fax E-mail Address Primary Contact: Mike Nice Solid Waste Specialist Printed Name of Primary Contact Title Address (if different than above) City State (6191476-584 (619} 585-5612 rnhiceci.chula-vista.ca.us Zip Code Phone Number Fax E-maii Address Consultant: (it applicable) Phone: Zip Code Address: Street City State Contact's Name: E-mail Address: Assembly District(s): 77a, 78e, 79th Senate District(s): 39e, 40e 6 tt R-26-0U TUE 17:00 CITY OF CHULA VISTA FAX NO. 6195855612 P. 02 EI'gibalty includes: a public education element AND either 1) Provides used od curbside collection for ad residents of the city including mutely residences; or 2) Ensures that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection. To establish a baseline for your program, please provide us with the following data for all participating jurisdictions: 1. Total number of certified used of collection centers 5 certified centers 2. Total number of non -certified used oil collection centers 2 non -certified centers 3. How many of these are airport collection centers? CI Certified 0 CI Non -Certified 0 4. How many of these are marina collection centers? Cl Certified 4 planne4 Cl Non -Certified 4. 5. Curbside used oil collection? Et Yes U No What % of your population? 100% single family in 2 cities 6. Door -to- door used oil collection? jibe( Yes CI No Wttm % of your population? Only as incidental part of HHW collection If claiming conditional eligibility please check Yes and explain the steps to be taken to obtain eligibility during the grant term. Conditional Eligibility CI Yes i® No Describe collection opportunities that am available within the area of jurisdiction that can provide service until community collection centers are established. Certification: I declare, under penalty of perjury, that aU information submitted to CIWMB's consideration for allocation of grant funds is true and accurate to the best of my knowledge and belief. David D. Rowlands Jr., City Manager Attachments: Approved Resolution and/or Authorization Letters 7 Date City of National City Office of the City Manager 1243 National City Boulevard, National City, CA 91950 (619) 336-4240 Tom G. McCabe - City Manager March 28, 2000 California Integrated Waste Management Board Financial Assistance Branch 8800 Cal Center Drive Sacramento, CA 95826 Dear Board Staff The City of National City is dedicated to reducing the impacts of improperly disposed of used oil and household hazardous wastes on our local watershed, land and air. City of National City further recognizes that the South Bay Used Oil Project has worked diligently to provide a broad range of used oil recycling services including: curbside collection, drop-off, point of purchas, education/advertising, school education and a variety of other marketing and public education activities. The City of National City wishes to continue participating in the South Bay Used Oil Recycling Project. City of National City authorizes the City of Chula Vista to submit an application for all available funds under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants under the California Integrated Waste Management Act for the period of 2000/2003. We understand that as the lead agency for the South Bay Used Oil Project, Chula Vista will equitably and efficiently use the combined Used Oil Block Grant Funds and any future regional Opportunity Grant or Household Hazardous Waste Grant funds to develop and implement a comprehensive regional approach to used oil recycling and household hazardous waste for all its member cities. We further understand that the City of Chula Vista will work with our jurisdiction to develop and implement a program that will meet any special needs of our jurisdiction during the grant cycle and prior to any future applications authorized by this letter. We are confident that we can work with Chula Vista and the other members of the region to provide an efficient and effective -program that the Board and our respective cities will take pride in.. Sincerely, Tom G. McCabe City Manager Recycled Paper MEETING DATE April 4, 2000 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. (--ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL C1TY� AMENDING THE COMBINED GENERAL PLAN/ZONING MAP Case file nos. GP-2000-1, GP-2000-2, ZC-2000-1, ZC-2000-2 PREPARED BY Steve Ra� DEPARTMENT Planning EXPLANATION The attached resolution is needed to follow through with Council's approval at the March 28 public hearing of proposed General Plan amendments for two properties that will be improved as part of the "Q" Avenue apartments rehabilitation project; i.e., 1. From RS-2 to RM-2-PD for approximately 0.18 acres (7,844 square feet) of property located at the northeast corner of E. 16th Street and"Q" Avenue; and 2. From CT-PD to RM-2-PD for approximately 0.84 acres (36,590 square feet) of property located approximately 450 feet north of 16th Street and approximately 200 feet east of"Q" Avenue A separate Council agenda statement is provided for an Ordinance rezoning the properties. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the attached resolution. ',:' BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Location Maps Resolution No. 2000-35 A•2 30.80; RESOLUTION NO. 2000- 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE COMBINED GENERAL PLAN/ZONING MAP CASE FILE NOS. GP-2000-1, GP-2000-2, ZC-2000-1, ZC 2000-2 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission to amend Combined General Plan/Zoning Map, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on March 28, 2000; and, WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California, and, WHEREAS, the Planning Commission at a duly advertised public hearing held on March 6, 2000 considered the proposed amendment to the General Plan of the City of National City, along with all evidence and testimony presented at said hearing; and, WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community; NOW, THEREFORE BE IT RESOLVED that the City Council finds that the proposed amendment is in the public interest since it will facilitate improvements supportive of on -going redevelopment efforts in a blighted area. BE IT FURTHER RESOLVED that the City Council finds that the proposed zoning is consistent with and necessary to implement the General Plan, since the General Plan contains policies encouraging redevelopment to provide the optimum benefit to neighboring areas; and encourages amendments which facilitate the development of higher quality housing. BE IT FURTHER RESOLVED that the City Council hereby amends the Combined General Plan/Zoning Map as follows: I 1. From RS-2 to RM-2-PD for approximately 0.18 acres (7, 4 square feet) of property located at the northeast corner of E. 16`h Street and "Q" Avenu as shown on the Location Map for Case File Nos. GP-2000-1, ZC-2000-1, attached to t e Council agenda statements for the March 28, 2000 hearing, on file in the Office of the City Cl k; and CONTINUED ON PAGE 2 Resolution No. 2000- 35 April 4, 2000 Page 2 of 2 2. From CT-PD to RM-2-PD for approximately 0.84 acres (36,590 square feet) of property located approximately 450 feet north of 16th Street and approximately 200 feet cast of "Q" Avenue, as shown on the Location Map for Case File Nos. GP-2000-2, ZC-2000-2, attached to the Council agenda statements for the March 28, 2000 hearing, on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney George H. Waters, Mayor 1 1 ---•STREET--�I-- _ RS-3-Ppl'>x166/40 71 it a I /Qee..J ?l FRS-2/4410 —Y, I STC P - I0 1I I- m g M VI AP SS 48 ti I. OD.- " b b o a RS-3-PD 166 9 r g q b M .9 w I..- /W6 /6/0 .,. 1632 s '356- .. MAP CG-PD F CG-PD 1405 Ip /4// /4/7 /456 8 IIN. /40/ NH*. MONO /4P/ i 6 I...o /435 5 MAP CT-PD 166 MSS /430 .. U. /5/7 1C—OS� /156 1525 1 /538 RS-2 b 31615 1629 I.. .I w - 16th S NOV MAP I ..t RS-2' I ..o 4 I-... /537 s TIRO INIF r m co m RM-2-PD a IY.. /143 o KI ..p 6- /5/6 I- /512 .. .. lb -Si /440 4 -3-PD 1 1510 /504 NWT 11 15/7 J= �}t, / 6L W= 4 � it t d I. .o e - 99. b G. till-,--aSTREET"—r IRO ' I n site .I, RM-1-PD qw.. .o•- k L—STREET ---- CL ... id _ ,<..e, MAP RM-2-PD - •b ..O RS-2 166 I.. --18th--- -- -STREET- IS I OI - • .- PROPOSED CHANGE TO RM-2-PD ZONE BOUNDARY SCALE: 1" = 200' r LOCATION MAP NORTH 1705 E. 16"' STREET O�,OUI NATIONAL GP-2000-1; ZC-2000-1 CITY PLANNING DRN. DATE: 01 /27/2000 PC MEETING: 03/06/2000 0 I 1 1 ---•STREET-- MAP CG-PD /405 -, • /4// M/7 1438 /sosFrOS2 /1/7 /Jr 1525 I /SJR R . RS-2 .3 I •w � ro � n /4J! 1425 MOS OVOSSO SCALE: 1" = 200' r NORTH W c SS IS ••.. M m /SJ7 RM-2-PD Of" a Q 4 `.. MVO Q w w 1543 to p /d04 i-MK •a 7 - n` - i 3 •• 16th.---STREET--r----- I MAP -TB KM Salm C � I 1629 ,ro na --- I 1 17;5 1ro /RS-24 �..... OSAVI nro ro c ro I RM-1-PD • a I..m L—STREET ---- CL MAP M 18th-- RM-2-PD SO •.O —STREET- - . - - ' •1 PROPOSED CHANGE TO RM-2-PD ZONE BOUNDARY LOCATION MAP GP-2000-2; ZC-2000-2 0'50'100' (NATIONAL CITY PLANNING DRN. DATE: 01/27/2000 PC MEETING: 03106/2000 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 04/04/00 AGENDA ITEM NO. 6 ITEM TITLE WARRANT REGISTER $39 PREPARED BY EXPLANATION ROBERT A. RABAGO DEPARTMENT FINANCE Ratification of Warrant Register #39 per Government Section Code 37208. Environmental Review Financial Statement N/A N/A Account No. STAFF t KOMMENDATJON I recommend ratification of these warrants for a total of $1,084,709.95 / O ) BOARpJCOMMIS$IO RECOMMENDATION (6YlCCC/2J: /,e, ATTACHMENTS (Listed Below) Resolution No. 1. Warrant Register #39 2. Workers' Comp Warrant Register dated 03/22/00 3. Payroll dated 03/29/00 A-20C !Rev, 0/3S) City of National City, California COUNCIL AGENDA STATEMENT 7 MEETING DATE April 4, 2000 AGENDA ITEM NO % ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF FEBRUARY 29, 2000 PREPARED BY EXPLANATION 1'. Limfueco DEPARTMENT Finance For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of February 29, 2000 is hereby submitted. This report reflects the components of the investment portfolio as of February 29, 2000 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review Financial Statement Not applicable. N/A Account No STAFF RECOMMENDAJION We recommend that the report be accepted and filed. BOARD/COMMISSION RECOMMENDATION lam' ATT tIME TS (Listed Below) I. ,ash Account summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report Sorted by Rrnkc'rc 5. ConsolidarktfetteitaItIR. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. R Pooled Investment Transactions Report. A-200 12e,. Q/201 CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY February 2000 BALANCE REVOLVING CASH $ 3,601.92 RETURNED CHECKS 3,793.34 BANK OF AMERICA #80200 -1,035,391.15 OUTSTANDING WARRANTS -349,804.83 PAYROLL OUTSTANDING WARRANTS -13,368.30 CASH HELD BY BROKERS 7,146.48 INVESTMENTS 21,794,350.85 LAIF 9,113,237.56 TOTAL $ 29,523,565.87 INVESTMENT EARNINGS HISTORY: FISCAL YEAR YEAR-TO-DATE TOTAL YEAR 1999-00 $ 767,863.84 $ 1998-99 773,698.30 1997-98 501,712.18 1996-97 566,200.50 1995-96 683.036.53 1994-95 650,873.79 1993-94 467,982.69 1992-93 361,388.87 1991-92 467,464.69 1990-91 726,071.72 1989-90 701,250.63 1988-89 661,493.45 1987-88 566, 012.74 1986-87 559, 768.00 1985-86 799,778.30 1984-85 934,674.79 1,702,889.57 1,478, 232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 1,543,266.30 0200 Total Earnings Current Year Average Daily Balance Effective Rate of Return SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary February 29, 2000 Par Market Book % of Days to YTM/C YTMIC Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities 7,022,000.00 7,022,000.00 7,022,000.00 32.22 524 314 6.068 6 153 95,000.00 95,000.00 95,000.00 0.44 1,827 1,541 6.000 6083 5,162,000.00 4,727,059.68 4,762,344.64 21.85 1,924 1,577 8.133 8.246 9,415,000.00 9,150,955.54 9,413,437.66 43.19 1,405 1,088 6.018 6101 485,573.26 486,202.87 501,568.55 2.30 1,183 479 6.691 6.784 Investments 22,179,573.26 February 29 Month Ending 112,630. -6 21,557,528.66 6.58% 21,481,218.09 21,794,350.85 100.00% 1,231 933 6.512 6.602 L3/a, 9 /o Marylou Matienzo, Director of Finance Rur Date: 03/20/2000 - 08 35 Fiscal Year To Date 806,134.81 19,287,333.13 6.25% Portfolio CNC CC PM (PRF_PM1) SymRept V5.011 City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSP Investment A Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10258 Advanta Bank Corp 08/27/1999 99,000.00 99,000.00 99,000.00 6.250 6.250 180 08/28/2000 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.800 790 04/30/2002 10201 Ashburn Bank 05/11/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 436 05/11/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 796 05/06/2002 10254 Beach First National Bank 08/05/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 156 08/04/2000 10306 Bank Star One 12/01/1999 99,000.00 99,000.00 99.000.00 6.550 6.550 274 11/30/2000 10333 BPD International Bank 01/05/2000 99,000.00 99,000.00 99,000.00 6.600 6.600 309 01/04/2001 10312 BankUSA FSB 12/22/1999 99,000.00 99,000.00 99,090.00 6.550 6.550 295 12/21/2000 10027 Capital One FSB 09/29/1998 100,000.00 100,000.00 100.000.00 5.793 5.793 212 09/29/2000 10225 Corn Belt B & T Co 08/28/1999 99,000.00 99,000.00 99,000.00 6.200 6.200 484 06/28/2001 10261 Community Bank of New Jersey 09/29/1999 99,000.00 99,000.00 99,000.00 6.350 6.350 212 09/29/2000 10173 Cross Country Bank 04/02/1999 100,000.00 100,000.00 100,000.00 5.580 5.580 397 04/02/2001 10302 Commercial Federal Bank FSB 11/12/1099 99,000.00 99,000.00 99,000.00 6.500 6.500 257 11/13/2000 10256 Citizens Bank & Trust Co 08/19/1999 99,000.00 99,000.00 99,000.00 6.220 6.220 170 08/18/2000 10252 Citizens State Bank 07/30/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 152 07/31/2000 10255 Clyde Savings Bank 08/05/1999 99,000.00 99,000.00 99,000.00 6.150 8.150 156 08/04/2000 10295 Community National Bank 10/25/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 239 10/26/2000 10174 Corus Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 776 04/16/2002 10350 Decatur State Bank 02/03/2000 99,000.00 99,000.00 99,000.00 8.800 6.800 338 02/02/2001 10181 Eaton Bank 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 425 04/30/2001 10207 Erie State Bank 05/14/1999 99,000.00 99,000.00 99,000.00 5.600 5.500 258 11/14/2000 10303 First Bank of Brunswick, The 11/10/1999 99,000.00 99,000.00 99,000.00 6.650 6.550 253 11/09/2000 10246 First Tier Bank 07/02/1999 99,000.00 99,000.00 99.000.00 6.100 6.100 123 07/02/2000 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.09 99,000.00 5.800 5.600 789 04/29/2002 10300 First Bank of Turley 11/02/1999 99,000.00 99,000.00 99,000.00 8.600 6.600 245 11/01/2000 10251 First Choice Bank 07/28/1999 99,000.00 99,009.00 99,000.00 6.120 6.120 148 07/27/2000 10344 First Enterprise Bank 01/24/2000 99,000.09 99,000.00 99,000.00 6.800 6.800 328 01/23/2001 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.800 782 04/22/2002 10209 FNB of Jackson 05/23/1999 99,000.00 99,000.00 99,000.00 5.800 5.881 446 05/21/2001 10313 Franklin Bank & Trust Co 01/04/2000 99,000.00 99,000.00 99,000.00 6.600 6.600 308 01/03/2001 10248 First Republic Savings Bank 07/21/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 141 07/20/2000 10289 First State Bank 10/15/1999 99,000.00 99,000.00 99,000.00 6.410 6.410 229 10/16/2000 10260 First State Bank of Colfax 09/02/1999 99,000.00 99,000.00 99,000.00 6.300 6.300 307 01/02/2001 10247 First Suburban National Bank 07/15/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 321 01/16/2001 10208 Grand Bank NA 05/17/1999 99,000.00 99,000.00 99,000.00 5.530 5.530 76 05/16/2000 99100323 10259 Great Western Bank 08/31/1999 99,000.00 99,000.00 99,000.00 6.250 6.250 182 08/30/2000 Run Date: 03/27/2000 - 08:03 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSP Investment it Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly 10020 Golden Security Thrift & Loan 07/28/1998 90,000.00 90,000.00 90.000.00 5.980 5.980 149 07/28/2000 10309 Guaranty Bank 12/16/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 289 12/15/2000 10222 Habersham Bank 06/10/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 100 06/09/2000 10297 Hometown Bank of Villa Rica 11/01/1999 99,000.00 99,000.00 99,000.00, 6.550 6.641 244 10/31/2000 10310 High Desert State Bank 12/17/1999 99,000.00 99,000.00 99.000.00 6.810 8.610 292 12/18/2000 10250 Hinsbrook Bank & Trust 07/23/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 145 07/24/2000 10311 Home City Federal Savings Bank 12/22/1999 99,000.00 99,000.00 99,000.00 8.600 6.600 295 12/21/2000 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 782 04/22/2002 10308 International Bank of Chicago 12/14/1999 99,000.00 99,000.00 99,000.00 8.550 6.550 287 12/13/2000 10351 Ionia County National Bank 02/03/2000 99,000.00 99,000.00 99,000.00 6.800 6.800 338 02/02/2001 10169 Key Bank USA 04/05/1999 99,000.00 99,000.00 99,000.00 5.600 5.800 400 04/05/2001 10290 Lighthouse Community Bank 10/19/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 231 10/18/2000 10343 Leighton State Bank 01/20/2000 99,000.00 99,000.00 99,000.00 6.780 6.760 324 01/19/2001 10223 Merrick Banking Corporation 06/21/1999 99,000.00 99,000.00 99,000.00 6.000 6.000 477 06/21/2001 O 10307 Metter Banking Company 12/07/1999 99,000.00 99,000.00 99,000.00 8.650 6.650 280 12/06/2000 Tr 10025 Metropolitan FSB of Cleveland 09/29/1998 100,000.00 100,000.00 100,000.00 5.900 5.900 215 10/02/2000 lU 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 803 05/13/2002 10292 Northeast Bank 10/08/1999 99,000.00 99,000.00 09,000.00 6.400 6.400 223 10/10/2000 10249 Nat'l Republic Bank of Chicago 07/23/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 145 07/24/2000 10253 Oakwood Deposit Bank Co, The 08/02/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 154 08/02/2000 10217 Old Florida Bank 06/03/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 93 06/02/2000 10224 Park Avenue Bank NA, The 06/24/1999 99,000.00 99,000.00 99,000.00 8.050 6.050 481 08/25/2001 10220 Peoples Bank of Kentucky 08/04/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 96 06/05/2000 10304 Planters Bank 11/18/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 281 11/17/2000 10296 Providian National Bank 10/28/1999 99,000.00 99,000.00 99,000.00 8.520 6.520 241 10/28/2000 10177 Queens County Savings Bank 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 782 04/22/2002 10305 Republic Bank Bountiful 11/23/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 267 11/23/2000 10291 Resource Bank 10/07/1999 99,000.00 99,000.00 99,000.00 8.320 6.320 37 04/07/2000 10294 Rotary Mountain B & T Florence 10/20/1999 99,000.00 99,000.00 99,000.00 6.520 6.520 232 10/19/2000 10221 Security State Bk of Wanamingo 08/10/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 100 06/09/2000 10193 TeleBank 05/06/1999 99,000.00 99,000.00 99,000.00 5.880 5.680 614 11/05/2001 10264 Triad Bank 09/30/1999 99,000.00 99,000.00 99,000.00 8.450 6.450 213 09/30/2000 10342 United Credit National Bank 10/12/1999 100,000.00 100,000.00 100,000.00 6.800 6.800 224 10/11/2000 10028 Washington Federal Savings Bk 09/29/1998 100,000.00 100,000.00 100,000.00 5.720 5.720 33 04/03/2000 10196 Winton Savings & Loan 05/07/1999 99,000.00 89,000.00 99,000.00 5.600 5.800 432 05/07/2001 Subtotal and Average 7,001,517.24 7,022,000.00 7,022,000.00 7,022,000.00 6.153 314 Run Date: 03/27/2000 • 08:03 Portfolio CNC CC PM (PRF_PM2) SymRept V5.011 City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment tt Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 1,541 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 8.083 1,541 Negotiable/Transferable CDs 10358 American National B & TC 02/18/2000 100,000.00 74,790.18 74,790.18 6.760 15.799 1,808 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 1,427 01/27/2004 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.780 15.798 1,779 01/13/2095 15840X8K6 10158 Centura National Bank 03/09/1999 95,000.00 90,012.50 95,000.00 6.000 6.000 2,383 09/09/2008 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 1.428 01/28/2004 10029 Cedar Rapids ECU 10/01/1998 100,000.00 89,576.91 89,576.91 5.650 11.935 214 10/01/2000 258115AV6 10041 Doral FSB 12/10/1998 99.000.00 99,000.00 98,384.22 5.350 5.493 1,379 12/10/2003 29874FA32 10134 European American Bank 02/04/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,817 08/04/2004 10031 Farmers Bank 10/02/1998 100,000.00 75,948.98 75,948.98 5.650 13.769 1,310 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 1.470 03/10/2004 33847EGE1 10205 Flagstar Bank 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 804 05/14/2002 32109VAH7 10203 FNB of Lucedale 05/12/1999 97,000.00 94,222.89 97,000.00 5.500 5.500 803 05/13/2002 31 10195 FNB of America 05/08/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 796 05/06/2002 356611 FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 92,095.88 97,000.00 5.800 5.600 1,498 04/07/2004 O 10324 First Bank & Trust 04/28/1999 100,000.00 85,276.39 85,276.39 5.750 12.530 781 04/21/2002 10325 First Union Bank 02/23/1999 100,000.00 84,801.52 84,801.52 5.820 12.683 752 03/23/2002 39739BUG4060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 95,023.00 100,000.00 5.600 5.600 1,477 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 75,811.23 75,811.23 6.550 15.190 1,610 07/28/2004 10037 Hometown Bank NA 11/20/1998 100,000.00 85,328.48 85,328.48 5.650 12.402 586 10/08/2001 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 97,000.00 97,000.00 5.500 5.500 1,498 04/07/2004 44921CBN6 10042 IBJ Schroder Bank & Trust Co 12/23/1998 95,000.00 94,762.50 95,000.00 5.550 5.550 1,392 12/23/2003 45383NA04 10160 Independent Bank W Michigan 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 1,464 03/04/2004 47816HA83 10161 Johnson Bank 03/17/1999 95,000.00 95,000.00 95,000.00 6.250 6.250 3,303 03/17/2009 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 5,078 01/25/2014 51803AVL0 10327 Lasalle Bank NA 02/03/1999 100,000.00 49,892.25 49,892.25 8.210 24.665 4,073 04/26/2011 531554AG8 10166 Ubertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,486 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.09 95,000.00 5.550 5.550 1,486 03/213/2004 55258NKS2 10077 M & I Marshall & Haley Bank 01/27/1999 95,000.00 95,000.00 94,818.55 6.050 6.076 3,254 01/27/2009 564759LT3 10152 Manufacturers & Traders Trust 03/04/1999 95,000.00 94,762.50 93,114.92 6.500 5.847 2,186 02/24/2006 55262WWR3060 10151 MBNAAmerica 03/03/1999 97,000.00 92,961.89 97,000.00 5.400 5.400 1,097 03/03/2003 59020WDF5 10216 Merrill Lynch Bank USA 05/27/1909 95,000.00 95,000.00 95,000.00 8.000 6.000 1,553 06/01/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.36 69,971.30 8.550 15.910 2,023 09/14/2005 Run Date: 03272000 - 08.03 Portfolio CNC CC PM (PRF PM2) SymRept V5.01f City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,090.00 99,000.00 5.850 5.850 1,250 08/03/2003 10022 Nazarene Credit Union 09/25/1998 100,000.00 92,155.52 92,155.52 5.800 10.172 208 09/25/2000 64880TGC5060 10136 New South Federal Savings Bank 02/23/1999 97,000.00 93,484.72 97,000.00 5.300 5.299 894 08/12/2002 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 77,121.00 99,000.00. 5.750 5.750 1,343 11/04/2003 680081BK3 10078 Old National Bank 01/28/1999 95,000.00 95,000.00 94,772.00 6.000 6.032 3,255 01/28/2009 710198GA4 10133 Peoples Bank 02/10/1999 95,000.00 05,000.00 95,000.00 5.500 5.500 1.623 08/10/2004 10341 Pony Express Bank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,754 12/19/2004 743836T00 10043 Provident Bank 01/21/1999 99,000.00 93,249.09 99,000.00 5.500 5.500 1,603 07/21/2004 10040 Royal Bank of Pennsylvania 12/02/1998 100,000.00 78,325.98 78,325.88 5.550 13.280 1,371 12/02/2003 82881YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95,249.24 6.500 8.432 1,260 08/13/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 97,888.10 97,888.10 6.250 5.500 1,337 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 91,555.39 97,000.00 5.400 5.400 1,463 03/03/2004 10263 South Bay Bank 07/26/1999 100,000.00 88,986.23 88,986.23 6.180 13.125 512 07/26/2001 858284GL2060 10135 State Bank of India 02/12/1999 97,000.00 93,776.69 98,658.70 5.850 5.405 1,217 07/01/2003 853389CG7060 10164 Standard Federal Bank 03/19/1999 97,000.00 97,000.00 97,000.00 5.850 5.850 1,479 03/19/2004 C\ 789369HG3 10075 St Francis Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 8.000 8.067 3,258 01/29/2009 8649999X9 10347 Success National Bank 01/28/2000 100,000.00 79,937.85 79,937.85 6.270 12.681 1,431 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 78,963.99 78,963.99 8.570 14.890 1,332 10/24/2003 '7710353 U S Bank NA 02/04/2000 100,000.00 74,008.71 74,008.71 7.020 16.505 1,800 02/03/2005 RI 959897EA3 10150 Western Bank PR 03/03/1999 95,000.00 95,000.00 95,000.00 5.400 5.400 916 09/03/2002 10332 Wilmington Trust Co 03/08/1999 100,000.00 78,670.84 76,570.64 8.150 14.182 1,457 02/26l 2004 Subtotal and Average 4,778,588.25 5,182,000.00 4,727,059.88 4,782,344.84 8.248 1,577 Federal Agency Securities 31331 RK38060 10124 Federal Farm Credit Bank 11/24/1998 250,000.00 239,450.00 250,000.00 5.800 5.800 1,363 11/24/2003 31331HXX0C 10273 Federal Farm Credit Bank 07/30/1999 100,000.00 98,781.00 100,000.00 6.250 6.250 698 01/28/2002 31331HXU6 10282 Federal Farm Credit Bank 07/27/1999 100,000.00 97,810.00 100,000.00 6.350 6.380 1,062 01/27/2003 3133M6J25C 10054 Federal Home Loan Bank 11/25/1998 150,000.00 143,437.50 150,000.00 5.825 5.825 1,364 11/25/2003 3133M6KY3C 10055 Federal Home Loan Bank 11/25/1998 150,000.00 144,234.00 150,000.00 6.000 6.000 1.384 11/25/2003 3133M6N79C 10057 Federal Home Loan Bank 12/01/1998 100,000.00 95,906.00 100,000.00 5.930 5.930 1,370 12/01/2003 3133M6TV0C 10059 Federal Home Loan Bank 12/22/1998 100,000.00 95,031.00 100,000.00 5.660 5.680 1,391 12/22/2003 3133M6W38C 10060 Federal Home Loan Bank 12/23/1998 100,000.00 95,188.00 100.000.00 5.710 5.710 1,392 12/23/2003 3133M6G05 10063 Federal Home Loan Bank 11/17/1998 100,000.00 95,582.00 100,000.00 5.785 5.785 1,356 11/17/2003 3133M6NC8 10065 Federal Home Loan Bank 12/01/1998 100,000.00 95,844.00 100,000.00 5.910 5.910 1.370 12/01/2003 3133M6PS1 10088 Federal Home Loan Bank 12/10/1998 100,000.00 97,582.00 100,000.00 5.780 5.780 831 08/10/2002 3133M6NX2 10067 Federal Home Loan Bank 12/04/1998 100,000.00 96,031.00 100,000.00 5.970 5.970 1,373 12/04/2003 Run Date: 03/272000 - 08:C3 Portfolio CNC CC PM (PRF_PM2) SymRepr V5.01f City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 6 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 366 Maturity Date Federal Agency Securities 3134A2D39 10068 Federal Home Loan Bank 12/22/1908 100,000.00 95,500.00 100,000.00 5.820 5.820 1,391 12/22/2003 3133M6K98 10069 Federal Home Loan Bank 11/25/1998 100,000.00 96,735.00 100,000.00 5.640 5.640 999 11/25/2002 3133M6MP0060 10118 Federal Home Loan Bank 12/02/19118 109,000.00 97,063.09 100,000.00 5.770 5.770 1,006 12/02/2002 3133M6PD4060 10119 Federal Home Loan Bank 12/04/1998 100,000.00 95,969.00 100,000.00. 5.875 5.875 1,373 12/04/2003 3133M6P69060 10120 Federal Home Loan Bank 12/04/1998 100,000.00 98,344.00 100,000.00 6.000 6.000 1,373 12/04/2003 3133M6068060 10121 Federal Home Loan Bank 12/09/1998 125,000.00 121,56250 125,000.00 5.880 5.860 1,013 12/09/2002 3133M6PX0060 10128 Federal Home Loan Bank 12/02/1998 125,009.00 119,687.50 125,000.00 5.795 5.795 1,371 12/02/2003 3133M7KY1060 10144 Federal Home Loan Bank 02/24/1999 150,000.00 144,957.00 150,000.00 5.250 5.250 1,455 02/24/2004 3133M7U46 10157 Federal Home Loan Bank 03/15/1999 100,000.00 95,828.00 100,000,00 8.000 6.000 1,475 03/15/2004 3133M85N0 10170 Federal Home Loan Bank 03/18/1999 100,000.00 97,219.00 100,009.00 8.050 6.050 1,112 03/18/2003 3133M7XW1C 10171 Federal Home Loan Bank 03/23/1999 100,000.00 97,583.00 100,000.00 5.940 5.940 936 09/23/2002 3133M8N83C 10202 Federal Home Loan Bank 05/12/1999 100,000.00 98,938.00 100,000.00 5.740 5.740 986 11/12/2002 3133M8UAO 10210 Federal Home Loan Bank 05/24/1999 100,000.00 97,437.00 100,000.00 5.685 5.885 814 05/24/2002 3133M8T38 10211 Federal Home Loan Bank 05/24/1999 250,000.00 240,472.00 250,000.00 6.185 6.185 1,545 05/24/2004 3134A3S00C 10212 Federal Home Loan Bank 05/27/1999 100,000.00 88,031.00 100,000.00 6.000 6.000 817 05/27/2002 3133M8SD7C 10213 Federal Home Loan Bank 05/27/1999 109,000.00 97,313.00 100,000.00 5.930 5.930 1,001 11/27/2002 3133M8SW5C 10214 Federal Home Loan Bank 05/27/1999 100,000.00 97,281.00 100,000.00 5.910 5.910 1,001 11/27/2002 r 3133M8S07 10215 Federal Home Loan Bank 05/27/1999 100,000.00 97,010.00 100,000.00 5.930 5.930 1,001 11/27/2002 3133M8UT9 10227 Federal Home Loan Bank 06/03/1999 100,000.00 97,516.00 100,000.00 6.000 6.000 1,007 12/03/2002 kS 3133M8V92C 10228 Federal Home Loan Bank 06/09/1999 100,000.00 97,438.00 100,000.00 6.000 6.000 1,013 12/09/2002 3133M8ZP2C 10230 Federal Home Loan Bank 06/24/1999 100,000.00 98,375.00 100,000.00 6.250 6.250 845 06/24/2002 3133M6J33060 10239 Federal Home Loan Bank 11/24/1998 115,000.00 109,933.10 115,000.00 5.730 5.730 1,363 11/24/2003 • 3133M94LC3 10240 Federal Home Loan Bank 06/17/1999 100,000.00 98,750.00 100,000.00 6.140 6.140 656 12/17/2001 3133M94L3 10242 Federal Home Loan Bank 09/17/1999 100,000.00 98,850.00 100,000.00 6.140 6.140 656 12/17/2001 3133M9C42 10265 Federal Home Loan Bank 07/13/191)9 100,000.00 98,250.00 100,000.00 7.000 7.000 1,595 07/13/2904 3133M9A85 10266 Federal Home Loan Bank 07/09/1999 100,000.00 98,380.00 100,000.00 6.200 6.200 860 07/09/2002 3133M9DD1 10267 Federal Home Loan Bank 07/28/1999 100,000.00 98,260.09 100,000.00 7.000 7.000 1,610 07/28/2004 3133M9BJ0C 10270 Federal Home Loan Bank 07/12/1999 100,000.00 99,094.00 100,000.00 8.020 6.020 498 07/12/2001 3133M9D90 10271 Federal Home Loan Bank 07/19/1999 100,000.00 99,094.00 100,000.00 6.040 6.040 505 07/19/2001 3133M9FX5C 10272 Federal Home Loan Bank 07/29/1999 100,090.00 96,469.00 100,000.00 6.340 6.340 880 07/29/2002 3133M9NW8 10279 Federal Home Loan Bank 08/25/1999 100,009.00 99,235.00 100,000.00 6.540 6.540 726 02/25/2002 3133M9A85 10280 Federal Home Loan Bank 07/10/1999 100,000.00 98,100.00 100,090.00 6.200 6.200 880 07/09/2002 3133M9KU5 10284 Federal Home Loan Bank 08/16/1999 100,000.00 99,530.00 100,000.00 6.030 6.030 352 02/16/2001 3133M9NW8 10285 Federal Home Loan Bank 08/25/199e 100,000.00 99,060.00 100,000.00 6.540 6.540 728 02/25/2002 3133M60K7 10286 Federal Home Loan Bank 07/30/1999 200,000.00 196,220.00 198,400.00 6.060 6.902 656 12/17/2001 3133MAGZ8 10334 Federal Home Loan Bank 01/10/2900 100,000.00 99,160.00 100,000.00 7.020 7.020 1,045 01/10/2003 Run Dale: 03/27/2000 - 08:03 Portfolio CNC CC PM (PRF_PM2) SymRept V5.011 CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Purchase Date Par Value Market Value Page 7 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MAGZ60 3133MAQ28 3133MAP52C 3133MASK6 3133MAVF3 3133M9J45 3133M8805 3134A2D39 3134A2D39C 3134A2G93060 3134A2L22060 3134A3CT1 3134A3CT1 3134A3HG4C 3134A3NM4 3134A3PABC 3134A3ZM1 312902HA0C 3133TGSG5 31364GHP7C 31364GDH9 31384GDH9060 31384GTC3 31364GWN5 31364GJ83 31364GJ83C 31384GY37 31364GX38 31364G3C1 31364G4L0 31364CUT3 86387R2H4C 86387R2P6 Run Date: 03/27/2000 - C8:03 10335 Federal Home Loan Bank 10354 Federal Home Loan Bank 10355 Federal Home Loan Bank 10356 Federal Home Loan Bank 10359 Federal Home Loan Bank 10360 Federal Home Loan Bank 10361 Federal Home Loan Bank 10048 Federal Home Loan Mrtgage Corp 10058 Federal Home Loan Mrtgage Corp 10122 Federal Home Loan Mrtgage Corp 10123 Federal Home Loan Mrtgage Corp 10155 Federal Home Loan Mrtgage Corp 10156 Federal Home Loan Mrtgage Corp 10172 Federal Home Loan Mrtgage Corp 10191 Federal Home Loan Mrtgage Corp 10200 Federal Home Loan Mrtgage Corp 10276 Federal Home Loan Mrtgage Corp 10298 Federal Home Loan Mrtgage Corp 10301 Federal Home Loan Mrtgage Corp 10056 Federal Nat]. Mortgage Assoc. 10062 Federal Nat]. Mortgage Assoc. 10114 Federal Nall. Mortgage Assoc. 10143 Federal Nat. Mortgage Assoc. 10145 Federal Nab. Mortgage Assoc. 10189 Federal Nail. Mortgage Assoc. 10190 Federal Nat]. Mortgage Assoc. 10229 Federal Nab. Mortgage Assoc. 10231 Federal Nati. Mortgage Assoc. 10269 Federal Natl. Mortgage Assoc. 10277 Federal Nag. Mortgage Assoc. 10349 Federal Natl. Mortgage Assoc. 10274 Sallie Mae Agency Bond 10278 Sallie Mae Agency Bond Subtotal and Average 9,154,816.97 01/10/2000 100,000.00 99,281.00 100,000.00 7.020 7.020 1,045 01/10/2003 02/15/2000 100,000.00 99,160.00 100,000.00 7.000 7.000 716 02/15/2002 02/14/2000 100,000.00 99,719.00 100,000.00 7.000 7.000 716 02/15/2002 02/22/2000 100,000.00 100,000.00 100.000.00. 7.100 7.100 723 02/22/2002 02/28/2000 100,000.00 100,110.00 100,000.00 7.115 7.115 729 02/28/2002 08/16/1999 100,000.00 99,030.00 100,000.00 6.060 6.060 533 08/16/2001 08/02/1999 100,000.00 98,750.00 101,088.22 5.170 4.193 208 09/25/2000 12/22/1998 100,000.00 95,578.00 100,000.00 5.820 5.820 1,391 12/22/2003 12/22/1098 100,000.00 95,500.00 100,000.00 5.820 5.820 1,391 12/22/2003 01/05/1999 200,000.00 190,438.00 200,000.00 6.000 6.000 1,405 01/05/2004 01/08/1999 150,000.00 148,203.50 150,000.00 6.000 6.000 1,041 01/06/2003 03/08/1999 150,000.00 144,984.00 150,000.00 6.300 6.300 1,468 03/08/2004 03/08/1999 150,000.00 145,125.00 150,000.00 6.300 6.300 1,468 03/08/2004 04/07/1999 100,000.00 97,031.00 100,000.00 8.000 8.000 1,132 04/07/2003. 05/03/1999 100,000.00 95,437.00 100,000.00 6.105 6.105 1,524 05/03/2004 05/10/1999 100,000.00 96,000.00 100,000.00 6.140 6.140 1,531 05/10/2004 07/20/1999 100,000.00 99,094.00 100,000.00 6.000 6.000 506 07/20/2001 10/28/1999 100,000.00 99,224.00 100,000.00 7.010 7.010 971 10/28/2002 12/01/1998 100,000.00 88,168.00 100,000.00 6.000 6.083 1,248 08/01/2003 11/25/1998 100,000.00 96,083.00 100,000.00 6.020 6.020 1,364 11/25/2003 10/22/1998 250,000.00 240,625.00 250,000.00 0.040 6.040 1,330 10/22/2003 10/22/1998 250,000.00 247,245.00 250,000.00 6.040 6.040 1,330 10/22/2003 02/18/1999 100,000.00 94,239.00 99,500.00 5.500 5.616 1,449 02/18/2004 03/02/1999 250,000.00 239,470.00 260,000.00 6.020 6.020 1,462 03/02/2004 04/23/1999 100,000.00 95,625.00 100,000.00 6.020 6.020 1,514 04/23/2004 04/23/1999 100,000.00 95,609.00 100,000.00 6.020 6.020 1,517 04/26/2004 06/23/1999 100,000.00 98,961.00 100,000.00 6.000 6.000 477 06/21/2001 06/17/1999 100,000.00 99,104.00 100,000.00 6.000 8.000 475 06/19/2001 07/21/1999 100,000.00 99,009.00 100,000.00 8.000 6.000 510 07/24/2001 08/05/1999 100,000.00 99,174.00 100,000.00 6.170 6.170 524 08/07/2001 01/28/2000 100,000.00 99,304.44 99,449.44 0.700 7.043 694 01/24/2002 08/10/1999 100,000.00 98,963.00 100,000.00 6.000 6.000 527 08/10/2001 08/24/1999 100,000.00 99.271.00 100,000.00 8.300 6.300 541 08/24/2001 9,415,000.00 9,150,955.54 9,413,437.66 6.101 1,088 Portfolio CNC CC PM (PRF PM2) SymRept V5.011 City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Page 8 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Pass Through Securities 313401TF8010 10093 Federal Home Loan Mrtgage Corp 02/18/1998 4,665.58 4,896.83 4,898.93 10.000 7.745 365 03/01/2001 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 02/18/1998 9,693.73 9,756.02 10,089.49 9.000 7.495 610 11/01/2001 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 02/18/1998 9,310.52 9,379.54 9,671.49 9.000 7.514 579 10/01/2001 31341RDX8010 10096 Federal Home Loan Mrtgage Corp 02/18/1998 4,822.68 4,658.91 4,807.82 9.000 7.412 549 09/01/2001 31341PFR3060 10097 Federal Home Loan Mrtgage Corp 02/18/1998 4,909.59 4,983.80 5,204.80 10.500 7.807 365 03/01/2001 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 02/18/1998 5,380.88 5,383.88 5,535.22 8.500 7.359 671 01/01/2002 31282NAG8060 10116 Federal Home Loan Mrtgage Corp 10/30/1998 8,572.87 8,801.82 8,947.78 12.000 10.965 275 12/01/2000 313615MF0060 10081 Federal Natl. Mortgage Assoc. 09/17/1997 16.806.01 16,529.64 18,974.18 7.000 7.352 92 08/01/2000 313610EQ6060 10092 Federal Nab. Mortgage Assoc. 12/23/1997 12,813.45 12,932.58 13,238.18 8.500 7.494 761 04/01/2002 31361SN51 10098 Federal Nall. Mortgage Assoc. 02/18/1998 7,103.98 7,172.02 7,370.36 8.500 7.107 671 01/01/2002 31361T4J0060 10102 Federal Natl. Mortgage Assoc. 02/18/1998 3,843.27 3,878.81 3,997.13 8.500 6.987 702 02/01/2002 313847KP5060 10103 Federal Nan. Mortgage Assoc. 02/18/1998 4.925.26 4,941.22 5,097.68 8.250 7.307 1,708 11/01/2004 313615MH6060 10112 Federal Natl. Mortgage Assoc. 08/22/1998 96.168.32 93,009.00 97,130.29 8.500 8.003 122 07/01/2000 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 56,798.09 57,934.05 59,195.31 8.500 2.524 31 04/01/2000 Si 38216XMV0020 10079 Govt. National Mortgage Assoc. 08/26/1997 4,953.72 4.992.71 5,138.12 8.500 6.671 593 10/15/2001 0 36217EBM3020 10080 Govt. National Mortgage Assoc. 08/28/1997 3,244.29 3,269.82 3,385.07 8.500 6.727 654 12/15/2001 tit 36202AXN2020 10083 Govt. National Mortgage Assoc. 10/15/1997 10,823.25 10,698.87 11,021.80 8.500 7.361 859 12/20/2001 h 36202AX77020 10084 Govt. National Mortgage Assoc. 10/21/1997 12,184.35 12,274.32 12,641.27 8.500 7.495 690 01/20/2002 36217LQQ2020 10085 Govt. National Mortgage Assoc. 10/30/1997 18,011.54 16,154.31 16.622.28 8.500 6.657 685 01/15/2002 36216TKS8020 10086 Govt. National Mortgage Assoc. 10/30/1997 8,233.20 8,298.00 8,542.00 8.500 7.329 532 08/15/2001 36218V059020 10087 Govt. National Mortgage Assoc. 11/12/1997 9,032.00 9,149.78 9,404.83 8.500 6.685 928 09/15/2002 36217AUE8020 10088 Govt. National Mortgage Assoc. 11/12/1997 14,763.49 14,994.75 15,252.83 8.000 6.424 744 03/15/2002 362155HH9020 10089 Govt. National Mortgage Assoc. 11/21/1997 4,982.44 5,082.48 5,163.07 8.500 7.385 508 07/20/2001 36202AYQ4020 10090 Govt. National Mortgage Assoc. 11/21/1997 17,918.69 18,020.18 18,501.28 8.000 7.239 721 02/20/2002 36202A5C7020 10091 Govt. National Mortgage Assoc. 11/25/1997 12,644.61 12,795.90 13,118.95 8.500 7.000 933 09/20/2002 36215S055020 10100 Govt. National Mortgage Assoc. 02/18/1998 4,764.39 4,809.98 5,080.37 9.000 7.787 445 05/20/2001 38215N3C6020 10104 Govt. National Mortgage Assoc. 03/17/1998 18,824.33 16,787.81 17,372.49 9.000 6.220 440 05/15/2001 36216NJL8020 10105 Govt. National Mortgage Assoc. 03/17/1998 12,248.81 12,398.28 12,813.17 9.000 7.649 824 11/15/2001 36202A2B2020 10106 Govt. National Mortgage Assoc. 03/17/1998 12,558.22 12,468.94 12,888.08 7.600 8.957 810 05/20/2002 3621614N8020 10107 GovL National Mortgage Assoc. 03/17/1998 10,887.21 10,838.68 11,194.98 9.000 7.483 624 11/15/2001 382161DT5020 10108 Govt National Mortgage Assoc. 03/26/19418 10,829.38 10,772.65 11,054.73 9.000 7.150 654 12/15/2001 36217LVM5020 10109 Govt. National Mortgage Assoc. 04/16/1998 17,822.95 18,102.13 18,402.24 8.000 6.352 744 03/15/2002 38218NZQ7020 10110 Govt. National Mortgage Assoc. 04/16/1998 13,387.73 13,597.44 13,858.38 8.000 6.344 866 07/15/2002 36202AZU4020 10111 Govt. National Mortgage Assoc. 04/18/1998 17,690.48 17,829.28 18,682.93 8.500 7.513 780 04/20/2002 36202AW52020 10238 Govt. National Mortgage Assoc. 10/21/1997 8,978.39 9,034.90 9,313.26 8.500 6.624 629 11/20/2901 Subtotal and Average 527,626.20 485,57326 486,202.87 501,568.65 8.784 479 Run Date: 0327/2000 - 08:03 Portfolio CNC CC PM (PRF PM2) SymReol V5.011 City of National City Portfolio Management Portfolio Details - Investments February 29, 2000 Average Purchase Stated YTWC Days to CUSIP Investment 6 Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Page 9 Total Investments and Average Run Date: 03/27/2000 - 08:03 21,557,528.66 22,179,573.26 21,481,218.09 21,794,350.85 • 6.602 933 Portfolio CNC CC PM (PRF_PM2) SymRe9t V5.01f SymPro City of National City Activity Report Sorted By Brokers February 1, 2000 - February 29, 2000 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or.Whhdrawala Ending Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance Certificates of Deposit - Maturity Subtotal and Balance 383,000.00 383,000.00 95,000.00 95,000.00 Negotiable/Transferable CDs 10035 Gold Coast FCU 5.750 02/16/2000 0.00 99,000.00 10036 Steel Parts F C U 5.680 02/07/2000 0.00 100,000.00 10353 U S Bank NA 7.020 02/04/2000 100,000.00 0.00 10358 American National B & TC 6.760 02/18/2000 100,000.00 0.00 Federal Agency Securities Subtotal and Balance 3,987,000.00 200,000.00 199,000.00 3,988,000.00 Subtotal and Balance 1,400,000.00 1,400,000.00 Pass Through Securities 31376PGY5 10126 Federal Nat. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 28.704% 57,357.78 5,922,357.78 8.500 02/28/2000 0.00 559.67 0.00 559.67 58,798.09 200,000.00 199,559.87 5,922,798.09 Brokers: Gifford Securities Inc Federal Agency Securities 3133MAP52C 10355 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 12.824% 2,700,000.00 2,700,000.00 7.000 02/14/2000 100,000.00 0.00 100,000.00 100,000.00 0.00 2,800,000.00 0.00 2,800,000.00 Brokers: Multi -Bank Securities Inc Run Date: 0327/2000.08:06 Portfolio CNC CC DA (PRF_DA) SymRept V5.01( City of National City Activity Report February 1, 2000 - February 29, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or Withdrawals Ending Balance Page 2 Certificates of Deposit - Monthly Subtotal and Balance Negotiable/Transferable CDs Subtotal and Balance 400 000.00 400,000.00 1,074,000.00 1,074,000.00 Federal Agency Securities Subtotal and Balance 1,865,000.00 1,665,000.00 Pass Through Securities - 36216XMV0020 10079 Govt. National Mortgage Assoc. 8.500 02/17/2000 0.00 285.49 36217EBM3020 10080 Govt. National Mortgage Assoc. 8.500 02/17/2000 0.00 174.91 313615MF0060 10081 Federal Natl. Mortgage Assoc. 7.000 02/02/2000 0.00 194.23 313815MF0060 10081 Federal Natl. Mortgage Assoc. - 02/28/2000 0.00 512.40 36202AXN2020 10083 Govt. National Mortgage Assoc. 8.500 02/23/2000 0.00 523.58 38202AX77020 10084 Govt. National Mortgage Assoc. 8.500 02/23/2000 0.00 568.68 36217LQQ2020 10085 GovL National Mortgage Assoc. 8.500 02/17/2000 0.00 667.88 36216TKS8020 10088 Govt. National Mortgage Assoc. 8.500 02/17/2000 0.00 437.04 36218VD59020 10087 Govt. National Mortgage Assoc. 8.500 02/17/2000 0.00 287.86 36217AUE8020 10088 Govt. National Mortgage Assoc. 8.000 02/17/2000 0.00 551.47 O 382155HH9020 10089 Govt. National Mortgage Assoc. 8.500 02/23/2000 0.00 298.58 11 36202AYQ4020 10090 Govt. National Mortgage Assoc. 8.000 02/23/2000 0.00 1,601.61 FJ 36202A5C7020 10091 Govt. National Mortgage Assoc. 8.500 02/23/2000 0.00 2,544.70 313610E06060 10092 Federal Natl. Mortgage Assoc. 8.500 02/02/2000 0.00 1,053.46 313810EQ6060 10092 Federal Natl. Mortgage Assoc. 02/28/2000 0.00 1,061.40 313401TF8010 10093 Federal Home Loan Mrtgage Corp 10.000 02/16/2000 0.00 136.58 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 9.000 02/16/2000 0.00 576.05 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 9.000 02/16/2000 0.00 359.55 31341RDX8010 10096 Federal Home Loan Mrtgage Corp 9.000 02/16/2000 0.00 211.79 31341PFR3060 10097 Federal Home Loan Mrtgage Corp 10.500 02/18/2000 0.00 315.78 31361SN51 10098 Federal Natl. Mortgage Assoc. 8.600 02/02/2000 0.00 293.75 31361SN51 10098 Federal Natl. Mortgage Assoc. 02/28/2000 0.00 295.98 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 8.500 02/18/2000 0.00 370.77 36215SQ55020 10100 Govt. National Mortgage Assoc. 9.000 02/23/2000 0.00 345.31 31361T4J0060 10102 Federal Natl. Mortgage Assoc. 8.500 02/02/2000 0.00 207.57 31361T4J0060 10102 Federal Natl. Mortgage Assoc. 02/28/2000 0.00 260.58 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 8.250 02/02/2000 0.00 451.28 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/28/2000 0.00 404.19 Portfolio CNC CC DA (PRF_DA) SymRept V5.011 Run Date: 03/27/2000 - 08:06 City of National City Activity Report February 1, 2000 - February 29, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases CUSIP Investment R Issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or Withdrawals Ending Balance Page 3 Brokers: Multi -Bank Securities Inc Pass Through Securities 36215N3C6020 10104 Govt. National Mortgage Assoc. 9.000 02/17/2000 0.00 2,982.85 36216NJL8020 10105 Govt. National Mortgage Assoc. 9.000 02/17/2000 0.00 680.54 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 02/23/2600 0.00 794.89 3621614N8020 10107 Govt. National Mortgage Assoc. 9.000 02/17/2000 0.00 6,117.86 362161075020 10108 Govt. National Mortgage Assoc. 9.000 02/17/2000 0.00 4,932.46 36217LVM5020 10109 Govt. Natlonal Mortgage Assoc. 8.000 02/17/2000 0.00 687.05 36218NZQ7020 10110 Govt. National Mortgage Assoc. 8.000 02/17/2000 0.00 486.48 36202AZU4020 10111 Govt. National Mortgage Assoc. 8.500 02/23/2000 0.00 914.74 313615MH6080 10112 Federal Natl. Mortgage Assoc. 6.500 02/02/2000 0.00 2,987.12 313615MH8060 10112 Federal Natl. Mortgage Assoc. 02/28/2000 0.00 3,957.18 31282NAG8060 10116 Federal Home Loan Mrtgage Corp 12.000 02/16/2000 0.00 2,290.03 36202AW52020 10236 Govt. National Mortgage Assoc. 8.500 02/23/2009 0.00 493.75 Subtotal and Balance 471,070.67 0.00 42,295.50 428,775.17 Brokers Subtotal 16.088% 3,610,070.87 0.00 42,295.50 3,567,775.17 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 1,650,000.00 1,650,000.00 Brokers Subtotal 7.439% 1,850,000.00 0.00 0.00 1,850,000.09 Brokers: Morgan Keegan Federal Agency Securities Subtotal and Balance 400,000.00 Brokers Subtotal 1.803% 400,000.00 400,000.00 0.00 0.00 400,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MAVF3 10359 Federal Home Loan Bank Subtotal and Balance Run Date: 03/27/2000 - 08:06 400,000.00 7.115 02/28/2000 109,000.00 0.00 100,000.00 0.00 500,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.011 City of National City Activity Report February 1, 2000 - February 29, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 4 Brokers Subtotal 2.254% 400,000.00 100,090.09 0.00 500,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10350 Decatur State Bank 10351 Ionia County National Bank Subtotal and Balance Negotiable/Transferable CDs Subtotal and Balance Brokers Subtotal 6.800 02/03/2000 6.800 02/03/2000 99,000.00 99,000.00 0.00 0.00 8,041,000.00 198,000.00 0.00 8,239,000.00 100,009.00 100,000.00 28.580% 8,141,000.00 198,000.00 0.00 8,339,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MAQ28 10354 Federal Home Loan Bank 3133MASK8 10350 Federal Home Loan Bank Subtotal and Balance 7.000 02/15/2000 7.190 02/22/2000 100,000.00 0.00 100.000.00 0.00 800,000.00 200,000.00 0.00 1,000,000.00 Brokers Subtotal 4.509% 800,000.00 200,000.00 0.00 1,000,000.00 Total 100.000% 21,823,428.43 Psh Run Date: 03,27/2000 -08:C6 '798,000.00 241,855.17 22,179,573.28 Portfolio CNC CC DA (PRF_DA) SyrnRept V5.011 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS FEBRUARY 29, 2000 FUND NUMBER FUND TITLE 001 GENERAL FUND 102 TECHNOLOGY FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 169 GRANT -LOCAL LAW ENF. BLOCK 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 180 FY97 LOCAL LAW ENF BLOCK GRANT (LLEBG) 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 202 FY98 COPS MORE 203 PARK SECURITY/GTE LEASE 205 YOUTH SERVICES MATERIALS GRANT 206 GATES LEARNING FOUNDATION FUND 207 CLLS MATCHING FUNDS FY99-00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 363 SECURITY & FIRE ALARM REGULATION FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING ENDING BALANCE 1,645,270.99 1,249,543.85 769,317.55 876.09 152.08 74,129.79 1,026,038.64 14,925.96 7,398.53 54,137.81 723.63 11,222,060.86 248.11 168,685.31 66,876.86 11,962.75 6,977.44 33,310.53 113,059.06 240.00 91,915.73 1,211.11 27,336.52 269,151.68 50,838.28 865.76 31,519.00 1,991.68 559,043.23 511,467.68 142.13 499,300.00 544,100.72 50,000.00 29,999.17 173,084.00 616,287.91 64,274.00 28,000.00 3,596.87 20,363.00 27,156.60 122,132.86 55,636.22 22,250.00 32,547.49 2,557,592.10 108,296.14 399,260.23 36,633.00 60,404.25 441,022.31 3,953,475.53 20,333.52 142,470.21 277,069.73 27,911.40 /ur OF..Z/ NUMBER FUND TITLE BALANCE 632 INFORMATION SERVICES 69,167.14 643 MOTOR VEHICLE SVC FUND 896,198.75 718 TRUST & AGENCY 182,990.37 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 49,169.19 TOTAL ALL FUNDS 29,523,565.87 /6' mF.21 MONTHLY STATEMENT OF RECEIPTS FOR THE MONTH ENDING FEBRUARY FUND NUMBER FUND TITLE FEBRUARY YTD.FEB 001 GENERAL FUND 1,348,947.31 11,998,122.79 102 TECHNOLOGY FUND 0.00 136.00 103 GENERAL CAPITAL OUTLAY FUND 0.00 755.00 104 LIBRARY FUND 11,011.32 282,842.13 105 PARKS MAINTENANCE FUND 12,830.98 302,202.58 108 LIBRARY CAPITAL OUTLAY 6,720.73 40,767.80 109 GAS TAXES FUND 83,999.57 546,572.52 111 P.O.S.T. FUND 42,847.97 50,175.60 112 LOWER SWEETWATER FUND 0.00 64,404.85 115 PARK & REC CAPITAL OUTLAY FUND 100.00 1,001.00 120 PLAN CHECKING REVOLVING FUND 3,387.91 39,331.36 123 GRANT -FAMILIES FOR LITERACY 8,735.00 8,735.00 125 SEWER SERVICE FUND 378,800.18 2,878,219.11 130 EMT-D REVOLVING FUND 12,864:69 25,696.13 131 ASSET FORFEITURE FUND 0.00 28,427.15 135 SD COUNTY REG AUTO THEFT TASK 0.00 (1,782.63) 136 TINY TOT CLASSES FUND 0.00 3,200.00 147 GRANT -JUDGE PROGRAM 11,038.00 39,178.00 153 GRANT -COPS UNIVERSAL HIRING 66,916.67 66,916.67 154 STATE PUBLIC LIBRARY FUND 0.00 863.09 158 SWIMMING POOL REVOLVING FUND 240.00 30,367.50 167 GRANT -NC SUPPR. OF DRUG ABUSE 0.00 53,935.00 169 GRANT -LOCAL LAW ENF. BLOCK 0.00 1,290.68 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 27,565.00 172 TRASH RATE STABILIZATION FUND 0.00 14,492.72 176 POLICE REIMBURSED OVERTIME 4,460.22 50,838.28 180 FY97 LOCAL LAW ENF BLOCK GRANT (LLEBG) 209,909.00 209,909.00 182 COPS GRANT PART II 156,309.30 156,309.30 184 LIBRARY COMPUTER CENTER 0.00 6,331.00 188 GRANT - HIDTA 0.00 44,494.53 190 30TH STREET CLEANUP FUND - 1303 2,486.97 8,753.87 191 GRANT - STOP PROJECT 4,000.00 213,402.26 192 LEASE ESCROW FUND 3,604.02 29,555.20 193 COPS GRANT PART III 11,546.64 11,546.64 194 LITERACY INITIATIVES VII 7,150.00 100,750.00 198 PROPERTY EVIDENCE SEIZURE 0.00 42,514.96 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 173,084.00 200 30TH STREET CLEANUP FUND - 1304 3,397.54 27,078.15 201 NCJPFA DEBT SERVICE FUND 4.39 355,631.91 202 FY98 COPS MORE 250,731.00 251,774.00 203 PARK SECURITY/GTE LEASE 0.00 28,000.00 204 GALE GRANT 7,119.19 28,281.17 205 YOUTH SERVICES MATERIALS GRANT - 0.00 10,000.00 206 GATES LEARNING FOUNDATION FUND 0.00 20,363.00 207 CLLS MATCHING FUNDS FY99-00 0.00 39,069.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 0.00 122,132.86 209 FY99-00 LITERACY INITIATIVES VIII 63,360.00 63,360.00 210 FY99-00 F.U.L.F.I.L.L. 45,000.00 45,000.00 211 SECURITY AND ALARM REGULATION FUND 0.00 32,568.19 301 GRANT-C.D.B.G. 0.00 156,136.46 302 CDC PAYMENTS 57,837.88 287,775.19 307 PROPOSITION A" FUND 63,470.00 727,340.09 312 STP LOCAL/TRANSNET HIGHWAY 0.00 1,391.95 314 OTS GRANT 0.00 32,530.00 343 STATE -LOCAL PARTNERSHIP 0.00 682.05 347 PUBLIC RESOURCES ACCOUNT 0.00 9,431.32 363 SECURITY & FIRE ALARM REGULATION FUND 0.00 60,404.25 552 TDA 137,931.12 1,344,641.42 626 FACILITIES MAINT FUND 134,411.00 1,075,576.27 /17 OF a.( FUND NUMBER FUND TITLE FEBRUARY YTD.FEB 627 LIABILITY INS. FUND 121,235.93 884,976.15 628 GENERAL SERVICES FUND 19,439.00 155,523.86 629 INFORMATION SYSTEMS MAINTENANC 22,014.00 178,094.86 630 OFFICE EQUIPMENT DEPRECIATION 18,750.00 150,000.00 632 INFORMATION SERVICES 38,086.00 304,688.00 643 MOTOR VEHICLE SVC FUND 70,787.00 567,450.02 718 TRUST & AGENCY 22,381.49 71,019.73 721 LIBRARY TRUST FUND 0.00 2,232.91 TOTAL ALL FUNDS 3,463,862.02 24,584,056.90 i8 dF 2f MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING FEBRUARY Ft1N0p1NGENERAL FUND FUND TITLE FUARY 1 BRU 943.34 12 D41E603.98 102 TECHNOLOGY FUND 31,083.70 36,098.39 103 GENERAL CAPITAL OUTLAY FUND 202,441.88 237,588.02 104 LIBRARY FUND 80,548.23 557,808.99 105 PARKS MAINTENANCE FUND 47,747.01 389,040.18 107 RETIREMENT FUND 0.00 (229.98) 108 LIBRARY CAPITAL OUTLAY 1,717.32 3,754.05 109 GAS TAXES FUND 761,826.29 1,011,960.37 111 P.O.S.T. FUND 8,586.37 36,942.68 112 LOWER SWEETWATER FUND 32,905.94 94,391.43 115 PARK & REC CAPITAL OUTLAY FUND 125.00 8,115.56 120 PLAN CHECKING REVOLVING FUND 0.00 193.55 123 GRANT -FAMILIES FOR LITERACY 1,879.17 1 125 SEWER SERVICE FUND 772,206.12 2,664,8,267.694.91 130 EMT-D REVOLVING FUND 561.50 1,658.60 131 ASSET FORFEITURE FUND 0.00 42,682.02 135 SD COUNTY REG AUTO THEFT TASK 0.00 37,322.32 136 TINY TOT CLASSES FUND 346.77 1,024.20 147 GRANT -JUDGE PROGRAM 2,953.78 29,285.31 154 STATE PUBLIC LIBRARY FUND 4,351.01 30,205.64 157 GRANT-SUPPL. LAW ENF. (SLESF) 0.00 60,128.20 158 SWIMMING POOL REVOLVING FUND 0.00 30,127.50 159 GENERAL PLAN UPDATE RESERVE 3,431.00 15,568.82 171 LIBRARY SCHOOL DISTRICT CNTRCT 623.13 13,703.94 172 TRASH RATE STABILIZATION FUND 1,265.86 16,776.20 173 NATIONAL SCHOOL DIST CONTRACT 1,661.70 15,063.24 174 SWEETWATER SCHOOL DIST CONTRAC 5,772.32 45,333.22 179 NPT BUS DONATIONS FUND 814.73 180 FY97 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 31,850.04 519.00 182 COPS GRANT PART II 8,707.83 71,368.04 184 LIBRARY COMPUTER CENTER 0.00 13,676.75 188 GRANT - HIDTA 6,581.72 53,996.44 189 CIVIC CENTER REFURBISHING 11,852.25 52,870.50 190 30TH STREET CLEANUP FUND - 1303 0.00 9,588.70 191 GRANT - STOP PROJECT 14,947.87 114,986.67 192 LEASE ESCROW FUND 2,434.02 168,425.51 193 COPS GRANT PART III 1,440.60 13,203.57 194 LITERACY INITIATIVES VII 0.00 202,413.44 195 LANDSCAPE RESERVE 0.00 700.00 196 CAPITAL PROJECT RESERVE 765.32 55,899.28 198 PROPERTY EVIDENCE SEIZURE 647.14 30,468.01 199 SOUTH BAY COMMUNITY SVCS GRANT 173,084.00 173,084.00 200 30TH STREET CLEANUP FUND - 1304 84,886.69 151,486.54 201 NCJPFA DEBT SERVICE FUND 0.21 358,942.96 202 FY98 COPS MORE C.00 63,129.00 204 GALE GRANT 12,273.23 38,930.40 205 YOUTH SERVICES MATERIALS GRANT 0.00 6,403.13 207 CLLS MATCHING FUNDS FY99-00 6,900.44 11,912.40 209 FY99-00 LITERACY INITIATIVES VIII 7,115.28 7,723.78 210 FY99-00 F.U.L.F.I.L.L. 22,750.00 22,750.00 211 SECURITY AND ALARM REGULATION FUND 20.70 20.70 301 GRANT-C.D.B.G. 26,475.04 133,538.86 302 CDC PAYMENTS 26,351.19 220,588.23 307 PROPOSITION An FUND 6,766.92 70,465.31 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 100.00 312 STP LOCAL/TRANSNET HIGHWAY 30,506.04 34,027.54 313 GRANT-CMAQ 119.10 2,406.18 314 OTS GRANT 13,425.00 48,930.50 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 115,989.00 347 PUBLIC RESOURCES ACCOUNT 0.00 104,909.96 552 TDA 139,872.39 1,332,210.13 626 FACILITIES MAINT FUND 117,492.49 872,037.37 627 LIABILITY INS. FUND 78,972.37 578,344.94 628 GENERAL SERVICES FUND 24,904.92 132,103.33 629 INFORMATION SYSTEMS MAINTENANC 10,092.20 80,558.52 630 OFFICE EQUIPMENT DEPRECIATION 65,785.25 473,667.61 631 TELECOMMUNICATIONS REVOLVING 0.00 41,092.87 632 INFORMATION SERVICES 28,461.58 263,060.84 /9 sF- a/ FIIyp No FUND TITLE FEBRUARY YTD.FEB 64' MOI OR VEHICLE SVC FUND 192,213.16 941,940.17 718 TRUST & AGENCY 3,041.75 42,235.95 TOTAL ALL FUNDS 4,592,678.87 24,677,664.52 a I City of National City Pooled Investment Transactions Report For the Month of February 2000 Date Description Institution Ref. No. Amount 3 Withdrawal LAIF 224381 (200,000.00) 17 Deposit LAIF 723014 800,000.00 18 Withdrawal LAIF 628073 (200,000.00) 23 Withdrawal - LAIF 605761 (200,000.00) 24 Withdrawal LAIF 542325 (500,000.00) 0200 Page 1 3/27/00 .2/ eP �/ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2000 AGENDA ITEM NO. 8 / ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 (ZONING) OF TI IF, MUNICIPAL CODE REGARDING THE REGULATION OF MARKETS SELLING SEAFOOD. (CASE FILE NO.: A-2000-1) PREPARED BY Jon Cain - Associate Planner ARTMENT Planning EXPLANATION The City Council conducted a public hearing on this item on March 28, 2000. The proposed ordinance was modified to prohibit seafood sales at small markets (less than 25,000 square feet) within 300 feet of residentially zoned properties. The ordinance requires other new markets selling seafood to obtain a Conditional Use Permit regardless of location. The ordinance is attached. Environmental Review Financial Statement N/A NIA Exempt Account No. STAFF RECOMMENDATION CP Adopt proposed Ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below } Resolution No. Ordinance A-200 9 POI ORDINANCE NO. 2000- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE REGULATION OF MARKETS SELLING SEAFOOD APPLICANT: CITY INITIATED CASE FILE NO. A-2000-1 BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code be amended as follows: Section 1. That Title 18, Chapter 18.16 is amended by amending Section 18.16.195 to read as follows: 18.16.195 Markets that sell seafood. Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A Conditional Use Permit shall be required for all markets that sell fresh or frozen seafood. Section 2. That the City Council finds that the proposed Code Amendment is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses which may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit and distance requirements will ensure that seafood odors do not adversely impact surrounding properties. Section 3. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will modify the Code requirements regarding the regulation of seafood markets, and will neither modify the zoning designation nor increase the intensity of use for any property. PASSED and ADOPTED this day of April, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney MEETING DATE April 4, 2000 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 9 (-ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE Case file nos. GP-2000-1, GP-2000-2, ZC-2000-1, ZC-2000-2 PREPARED BY Steve Ray� n DEPARTMENT Planning EXPLANATION The attached ordinance is needed to follow through with Council's approval at the March 28 public hearing of the rezoning for two properties that will be improved as part of the "Q" Avenue apartments rehabilitation project. The change is explained in a separate, related Council agenda statement for a Resolution amending the Combined General Plan/Zoning Map. Environmental Review Financial Statement N/A N/A Account No. STAFF RECOMMENDATION Adopt the attached Ordinance. g BOARD 0 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Ordinance 2. Location Maps Resolution No. A-200 i9;8C) ORDINANCE NO. 2000- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE CASE FILE NOS. GP-2000-1, GP-2000-2, ZC-2000-1, ZC 2000-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and, WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan; since the General Plan contains policies encouraging redevelopment to provide the optimum benefit to neighboring areas; and encourages amendments which facilitate the development of higher quality housing. NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby arc denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: 1. From RS-2 to RM-2-PD for approximately 0.18 acres (7,844 square feet) of property located at the northeast corner of E. 16th Street and"Q" Avenue, and for adjacent street right-of-way, as shown on the Location Map for Case File Nos. GP-2000-1, ZC-2000-1, attached to the Council agenda statements for the March 28, 2000 hearing, on file in the Office of the City Clerk; and Ordinance No. 2000- Page 2 of 2 2. From CT-PD to RM-2-PD for approximately 0.84 acres (36,590 square feet) of property located approximately 450 feet north of 16th Street and approximately 200 feet east of "Q" Avenue, as shown on the Location Map for Case File Nos. GP-2000-2, ZC-2000-2, attached to the Council agenda statements for the March 28, 2000 hearing, on file in the Office of the City Clerk. Section 3. That a Notice of Exemption shall be filed indicating that the rezoning is exempt from the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. PASSED and ADOPTED this day of April, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser g , III City Attorney George H. Waters, Mayor RS-3-PD RS-3-PD 166 iMai — — MAP =!60 CG-PD 16th MO/ I z W C MAP I 1629 Iw L--- "IT th .l ir 1 /76J CL .. Meal ItM}, n. IF a b I b -b FRS-2' MAP p ..w -.p at .w 1 ."RIM-1 -PD g Iw CT-PD CG-PD 166 1510 /504 en7 1517 Y 1516 gee 151E - A L r—`''STREET'—■■■r■ p 1 N SO S. .. 0 w RM-1-PD o. M RS-2 16'6 p r\ .a 1 1 L—STREET----,--� Rtv RM-2-PD ... 166 IS. 9 —18th---N----- STREET- .. 1 .1 1 r. w PROPOSED CHANGE TO RM-2-PD ZONE BOUNDARY SCALE: 1" = 200' r NORTH 0' 50' 100' LOCATION MAP 1705 E. 16th STREET GP-2000-1; ZC-2000-1 NATIONAL CITY PLANNING DRN. DATE: 01 /27/2000 PC MEETING: 0310612000 — — MAP =!60 CG-PD 16th MO/ I z W C MAP I 1629 Iw L--- "IT th .l ir 1 /76J CL .. Meal ItM}, n. IF a b I b -b FRS-2' MAP p ..w -.p at .w 1 ."RIM-1 -PD g Iw CT-PD CG-PD 166 1510 /504 en7 1517 Y 1516 gee 151E - A L r—`''STREET'—■■■r■ p 1 N SO S. .. 0 w RM-1-PD o. M RS-2 16'6 p r\ .a 1 1 L—STREET----,--� Rtv RM-2-PD ... 166 IS. 9 —18th---N----- STREET- .. 1 .1 1 r. w PROPOSED CHANGE TO RM-2-PD ZONE BOUNDARY SCALE: 1" = 200' r NORTH 0' 50' 100' LOCATION MAP 1705 E. 16th STREET GP-2000-1; ZC-2000-1 NATIONAL CITY PLANNING DRN. DATE: 01 /27/2000 PC MEETING: 0310612000 O ' --•STREET--- RS-3-PD =1s 1: I' I I N rla.n / I . k RS-2—�V 011 w w 16th I MAP g /629 'n o. S FRS-2 MAP .. -- CG-PD CT-PD 166 I-M 1 EL MI6 'w isre - 1 at a b ' ' M >- CC ,I W \A. i e \ o e own opM • w - r--STREET--r----- W .v . 1 C RM-1-PD oI a. —STREET -----r- RM-2-PD ... —16th--•-r----- STREET- . w I M N 166 '.. PROPOSED CHANGE TO RM-2-PD ZONE BOUNDARY SCALE: 1" = 200' r NORTH 0' 50' 100' LOCATION MAP GP-2000-2; ZC-2000-2 NATIONAL CITY PLANNING DRN, DATE: 01/27/2000 PC MEETING: 0310612000 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2000 SECOND READING 10 AGENDA ITEM NO. ITEM TITLE ORDNANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAP 'ER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. PREPARED BY DEPARTMENT Of Rudolf Hradecky, Esq. eg City Attorney EXPLANATION This ordinance is being brought back for a second reading following the City Council's amendment at its meeting of March 28, 2000. At that Council session, the consensus of the Council was to require tobacco product displays to be located no closer than two feet (2') from candy, snack and non-alcoholic beverage displays. This was in addition to the prohibitions against tobacco advertising displays within two feet (2') of candy, snack and non-alcoholic beverage displays. An exemption to the foregoing restriction on the tobacco product displays was approved for any establishment in which displays containing tobacco products are not accessible and visible to patrons, or to displays located above, behind or below a sales counter and which are not accessible to patrons. Further, any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. The City Council may now adopt the ordinance in its final form as attached. The previous staff report and related back up are also attached. Environmental Review Financial Statement No financial impact. X NIA Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Liisted Below) Resolution No, Staff Report Proposed ordinance A-233 B^\ STAFF REPORT AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. BACKGROUND At its meeting of November 9, 1999, the City Council directed Staff to prepare language for an ordinance regulating outdoor tobacco advertising, sales and display practices. Emphasis was to be placed on the banning of tobacco advertising within 1,000 feet of certain youth oriented venues. The American Lung Association provided the City Council with examples of programs adopted by other cities. We are now submitting an ordinance for the Council's consideration which deals with some of the options available to the City that staff recommends. RECENT LEGAL DEVELOPMENTS Ten days after Council's direction to staff, the Ninth Circuit Court of Appeals struck down state and local restrictions on outdoor tobacco advertising. The decision, Lindsey v. Tacoma -Pierce County Health Department, (No. 98-35416) 1999 WL 1044364 (9th Circuit, Nov. 19, 1999), held that the Federal Cigarette Labeling and Advertising Act (FCLAA), 15 U.S. Code Section 1334, preempted state law requirements or prolubitions on advertising of tobacco products labeled in accordance with Section 1332 of the FCLAA.t Since all cigarette packages sold toda}t are labeled with this legend, the net.effect is a prohibition on local advertising restrictions. Several cities in San Diego County had previously enacted tobacco advertising bans. The Lindsey decision may affect those ordinances and the provisions of Business and Professions Code Section 22961 (bans on outdoor tobacco advertising within 1,000 feet of schools and public playgrounds). The Ninth Circuit decision may yet be appealed to the U.S. Supreme Court. Regardless, for now, in California the Lindsey decision is operative, and we do not therefore recommend an ordinance which restricts outdoor tobacco advertising. The Lindsey decision concerned a county health department regulation on outdoor tobacco advertising. The decision did not address indoor advertising restrictions. For the present, Lindsey could be restricted to its facts, and indoor advertising rcatrictions may yet be allowable if narrowly tailored. EXISTING STATE LAW RESTRICTIONS ON TOBACCO Currently, State law prohibits or rest' icts tobacco sales and display practice, as follows: t Labeling must contain an admonition that the Surgeon General has determined that the smoking of cigarettes is dangerous to health and may cause death from cancer and other diseases. • Staff Report Restricting the sale, advertising and March 7, 2000 Promotion of tobacco products to minors 1 1. Sales or furnishing of tobacco products to minors is unlawful. (Penal Code Section 308). 2. Single item or unsealed tobacco package sales are unlawful. (Penal Code Section 308.2). 3. Coin operated cigarette vending machines are prohibited, except in bars. (Business and Professions Code Section 23039). 4. State may require tobacco vendors, upon notification, to post signs advising that the sale of tobacco to minors is unlawful. (Business and Professions Code Section 22952). 5. Unsolicited delivery of tobacco products to residences is unlawful. (Penal Code Section 308b). 6. Tobacco advertising within 1,000 feet of schools and playgrounds is prohibited. (Business and Professions Code Section 22961).2 REMAINING OPTIONS FOR CONSIDERATION BY COUNCIL This staff report will focus on the avenues that remain available for consideration by the City Council, and further direction to staff. Notwithstanding the Lindsey decision and the above statutes, any or all of the following are options that may be adopted by the City Council by an ordinance: 1. Prohibit any indoor tobacco advertising or the display of tobacco products, or both, within a specified distance from displays of candy, soda or snacks in retail establishments within 1,000 feet of schools, public parks and playground and other youth oriented venues. [We are proposing a minimum of four feet]. (See note in Item 2 which suggests not including residential areas). 2. As an alternative to number 1, the Council has the option to prohibit tobacco sales within 1,000 feet of schools, public parks and playgrounds and other youth oriented venues. (NOTE: Although residential areas could be included, the net effect would most likely ban tobacco sales citywide, a possibly unrealistic result, and for that reason, no reference to residential areas is suggested in any proposed ordinances). 3. Prohibit free give-away promotions of tobacco products within the city. 4. Require tobacco products, smoking implements and cigarette papers to be kept in a locked display case and prohibit self-service displays, except in those establishments where access by minors is prohibited, or restricted. 5. Require all stores selling tobacco products to post signs regarding prfohibitions on tobacco sales to or purchases by minors. 2 Now unenforceable under the Lindsey decision. Staff Report March 7, 2000 2 Restrict ng the sale, advertising and Promotion of tobacco products to minors 6. Ban tobacco vending machines throughout the City. This will impact only bars and taverns licensed for consumption of alcohol and beer, since tobacco vending machines are already banned in all other stores. (However, this will have no impact on minors whose presence is banned from those establishments). 7. Require retail facilities selling tobacco products to be specially licensed to sell tobacco. 8. Prohibit smoking in an increased number or classes of establishments on a citywide basis (types of venues to be determined). DISCUSSION Adoption of any of these provisions will involve enforcement costs and asset allocation judgments. Items 1, 2, 4, 5, 6 and 7 can be verified and enforced on a spot -inspection basis at the same time. Items 3 and 8 would be enforced, if at all, on a situation occurring basis. Item 3 is probably of limited or minimal impact or effect. Items 1, 2, 4, 5, 6 and 7 will have an economic impact on businesses. Items 6 and 8 present an enforcement problem, but can be required from a social welfare and public health viewpoint. Of the foregoing, the most questionable from an administration viewpoint is Item 7, the special licensing of tobacco outlets. Regardless of the public health benefits to be gained from inhibiting tobacco access to minors, the adoption of a special local regulatory system licensing merchants to sell tobacco presents a number of policy issues to be analyzed and weighed. For example: • Should other products or services also be considered for licensing? • What criteria or method for ranking the seriousness of the effect of those products should be used as a predicate for regulatory licensing in general? • What effect, if any, would tobacco licensing have when the vendor can already be prosecuted for illegal tobacco sales activity? • Loss of the tobacco license, if issued, would not normally prevent retail sales of other products by that merchant. Should loss of the lit pose also ban the vendor from sales of other products, and could that be enforced? Item 2, the option to prohibit tobacco sales within 1,000 (or 500?) feet of schools and other youth oriented venues, is also an option for the Council to consider. If Council decides to include this option in lieu of proposed Section 9.38.040, the prohibition on any tobacco sales would obviate the need to restrict tobacco displays or advertising within four feet of candy, snacks and soft drink displays. For either item I or 2, we do not propose including residential areas in the 1,000 foot radius, in order to avoid a citywide impact on all businesses. Item 2 is the most difficult from a commercial viewpoint, and will affect the retail business community. Staff Report March 7, 2000 3 Restricting the sale, advertising and Promotion of tobacco products to minors The costs of enforcement and any possible litigation should be balanced against the benefits to be gained by making access to tobacco products more difficult for minors. That benefit, while not quantitatively measurable, is a qualitative policy determination for the City Council to make. On the basis of the foregoing discussion, we have prepared an ordinance that incorporates options 1, 3, 4 and for your consideration. We will prepare a further revision to incorporate any other options or modifications desired by the Council. We have provided copies of the staff report and the proposed ordinance to the American Lung Association, California Grocers Association and San Diego Merchants Association. We have notified them of the proposed agenda item, and addressed any particular concerns, where feasible, within the attached ordinance proposed for your consideration. RECOMMENDATION It is recommended that the City Council review the attached ordinance, and either; (1) adopt theordmance; (2) direct staff to revise the ordinance to incorporate other desired options; (3) continue matter for further input; or, (4) file this report without further action. Staff Report March 7, 2000 4 Restricting the sale, advertising and Promotion of tobacco products to minors City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 February 25, 2000 Debra Kelley Vice President Government Relations American Lung Association 2750 Fourth Avenue San Diego, CA 92103 Todd Priest California Grocers Association 177 East Ocean Boulevard Suite 450 Long Beach, CA 90802 Arkan Somo San Diego Merchants Association 9621 Camp Road Suite E Spring Valley, CA 91977 RE: Proposed Ordinance Restricting Sales, Displays and Promotion of Tobacco Products to Minors Dear Sirs and Madam: Enclosed is a staff report and proposed ordinance that is tentatively sc eduled for consideration by the National City City Council on March 7, 2000, at the regular 3:00 p.m. council meeting. I am forwarding this material for your information in the event you have any questions or wish to attend the meeting. Please feel free to call me at (619) 336-4222 if you do have questions, and, in any event, prior to the meeting of the 7' in case there is a change in schedule. cV -urly Yours, -_-'7ZA/ I $llOLr1�I DECKY Attorney ESQ. enior Assistant City I RI I/gmo ® Recycled Paper City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 FAX (619) 336-4327 TDD (619) 336-1615 March 8, 2000 Debra Kelley Vice President Government Relations American Lung Association 2750 Fourth Avenue San Diego, CA 92103 Todd Priest California Grocers Association 177 East Ocean Boulevard Suite 450 Long Beach, CA 90802 Arkan Somo San Diego Merchants Association r 9621 Camp Road Suite B • Spring Valley, CA 91977 Sheila Zamora Neighborhood Coalition 304 West 18i Street National City, CA 919501 RE: Revised Proposed Ordinance Restricting Sales, Displays and Promotion of Tobacco Products to Minors Dear Ladies and Gentlemen: Pursuant to City Council direction, we have revised Sections 9.38.040 and 9.38.050 of the proposed ordinance governing tobacco product displays. The revisions, which are enclosed, are shown in strikeout form. Please feel free to call me at (619) 33642222 if you have any questions. The ordinance will be brought back on the Council Agenda of Mardi 14, 2000, beginning at 6:00 p.m. LF •i7 ECKY, ESQ. Senior Assistant City Attorney RH/gmo Enclosure C1 Recycled Pacer ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100 PERTAINING TO RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS. WHEREAS, the City Council of the City of National City finds that there is compelling evidence supporting a direct correlation between tobacco advertising and promotion and underage smoking; and WHEREAS, state laws prohibit underage smoking, including the selling, giving, or furnishing of cigarettes to any person under the age of eighteen years, and the purchasing, receiving, or possessing of cigarettes by any person under the age of eighteen years, and the use of tobacco products by students at public school campuses and events; and WHEREAS, certain tobacco product manufacturers have publicly admitted engaging in strategies designed to advertise and promote tobacco products to minors; and WHEREAS, tobacco display and advertising in public places is inimical to the enforcement of laws enacted by the State of California designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, promoting the use of tobacco products displayed on or in retail stores next to candy, snack and soda displays target underaged youth and are inimical to the enforcement of laws enacted by the State of California that are designed to limit the purchase and use of tobacco products to the adult population; and WHEREAS, studies have shown that minors who are aware of tobacco promotions are twice as likely to use tobacco, and minors who participate in tobacco promotions are nine times more likely to use tobacco; and WHEREAS, tobacco promotion creates a threat to the safety and welfare of the young, an inducement to violate the laws concerning the purchase and possession of tobacco by minors, and an inducement for minors to begin to use tobacco products; and WHEREAS, it is the intent of the City Council of the City of National City in the enactment of this ordinance to further discourage and reduce illegal sales and furnishing of tobacco products to minors by requiring retailers to implement identification and other procedures designed to reduce the likelihood of sales to minors; and WHEREAS, the Council finds that the City has a substantial interest in reducing illegal sales of tobacco products to persons under eighteen years of age; and WHEREAS, the Council finds that further regulation can promote the public welfare by further discouraging the commercial exploitation of potential underage smokers. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.38.010 through 9.38.100 to read as follows: CHAPTER 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS TO MINORS Sections: 9.38.010 Purpose and intent. 9.38.020 Definitions 9.38.030 Measure of distance 9.38.040 Location of Tobacco products and advertising displays inside retail establishments 9.38.050 Exceptions to location of tobacco products and advertising displays inside establishments 9.38.060 Self-service sale and distribution of tobacco products --Prohibited 9.38.070 Distribution of free tobacco samples or promotional items --Prohibited 9.38.080 Posting of signs regarding tobacco sales to minors 9.38.090 Extensions for compliance 9.38.100 Enforcement Section 9.38.010 Purpose and intent. It is the purpose and intent of the City Council to enact regulations governing the sale or display of tobacco products in the City as a menace affecting the public health and welfare of its citizens, and particularly minors. Accordingly, the Council, for the reasons expressed in the preamble to Ordinance No. enacts the following regulations. 9.38.020 Definitions. For purposes of this Chapter 9.38: "Advertising display" means a sign, sign -board, billboard, poster, or banner that is temporarily or permanently placed within a building, or is displayed in the window(s) of a commercial establishment, and is used to advertise or promote products. It does not include printed material on the container of a product sold at retail. "Playground" means any outdoor premises or grounds owned or operated by the City, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the City. 2000 Ordinance 2 Sale, Display and Promotion of Tobacco Products to Minors "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the State of California. "Self-service display" means an open display of tobacco products that the public has access to without the intervention of an employee. "Tobacco advertising display" is an advertising display that concerns tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. "Vendor -assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. Section 9.38.030 Measure of distance. The distance between any store or business that sells tobacco products and any school, playground, recreation center of facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the store or business to the closest property line of the school, playground, recreation center or facility, childcare center, or library. Section 9.38.040 Location of tobacco products and advertising displays inside retail establishments. A. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within two feet (2') of any candy, snack, or non-alcoholic beverage display inside stores or businesses that are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center or library. B. It is unlawful for any person, business, or tobacco retailer to place or maintain, or cause to be placed or maintained, any tobacco advertising display within two feet (2') of candy, snack, or non-alcoholic beverage displays, inside stores or businesses that sell tobacco products and which are located within 1,000 feet of the premises of any school, playground, recreation center or facility, childcare center, or library. Section 9.38.050 Exceptions to location of tobacco products and advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under eighteen years of age is prohibited by law. B. Section 9.38.040A does not apply in any establishment to displays containing tobacco products which are not accessible and not visible to patrons, or to displays located above, behind or below a sales counter and which are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. Section 9.38.060 Self-service sale and distribution of tobacco products --Prohibited. It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor -assisted sales, any tobacco products. Section 9.38.070 Distribution of free tobacco samples or promotional items -- Prohibited. It is unlawful for any person, business, or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. 2000 Ordinance 3 Sale, Display and Promotion of Tobacco Products to Minors Section 9.38.080 Posting of signs regarding tobacco sales to minors. A. Every person who sells or deals in tobacco products shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products to persons under eighteen years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies Section 9.38.O8O(A). C. It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance with Section 9.38.08O(A) or (B). Section 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this Chapter must comply within sixty calendar days after B. Any business owner may apply to the City Manager, through the Planning Director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this Chapter, provided that the application for extension is submitted on or before the last day of the sixty day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. Section 9.38.100 Enforcement. A. Violations of this Chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Municipal Code Section 1.20.010. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this Code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. Section 2. The City Clerk is hereby instructed to insert this ordinance number and the effective date of this ordinance, once known, in the blank spaces provided in Municipal Code Sections 9.38.010 and 9.38.090. -- Signature Page to Follow -- 2000 Ordinance 4 Sale, Display and Promotion of Tobacco Products to Minors Ordinance No. 2000- PASSED and ADOPTED this day of February, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2000 Ordinance 5 George H. Waters, Mayor Sale, Display and Promotion of Tobacco Products to Minors MEETING DATE 04/04/00 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 (-ITEM TITLE PREPARED BY EXPLANATION FIRE STATION PROJECT Walter Amedee, Management Air st II DEPARTMENT Fire On November 23, 1999 the City Council directed Staff to complete Phase II of the Fire Station "Space Needs Study" and report to the City Council in March, 2000 with the results. The attached report describes the outcomes of Phase II of the Study including several Staff recommendations, which are presented for City Council consideration. Environmental Review - N/A Financial Statement No financial impact, Staff report. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve project site/design plan "A" and Funding Plan BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. _ Staff Report, Phase II Fire Station Space Needs Study. STAFF REPORT PHASE II FIRE STATION SPACE NEEDS STUDY BACKGROUND: The Space Needs Study began on September 7, 1999, when Staff was authorized to obtain the professional services of an Architect to define Fire Department facility needs. On November 23, 1999, Council reviewed the initial findings of the Fire Department Space Needs Study describing a current and future planned need of 29,420 square feet and at that meeting authorized Staff to continue with Phase II of the Study, which would provide preliminary site plans and cost estimates. In addition, at that meeting staff was directed to include the reuse of the existing facility in the planning process, which generated the need to complete a seismic evaluation of the building. The City Engineer working with the Acting Director of Building and Housing attempted to accomplish this task, but due to significant costs this analysis was not completed, however, a cost estimate has been obtained. Staff was to report back to Council in March 2000 with preliminary site plans, cost estimates, and costs related to the seismic retrofitting of the existing building. This Report addresses each of these issues and where appropriate a Staff Recommendation is provided. SITE EVALUATION, PRELIMINARY CONCEPT SITE PLANS: Site Plan "A" 16's St. & "D" Ave. (Including neighboring properties inunediately to the West) See Attached Plans; Site Plan "A" Site Plan "B" 1400 National City Blvd. (old Colonial Ford Property) See Attached Plans; Site Plan "B" Site Plan "C" 16th St. & "D" Ave. (Including neighboring properties inunediately to the West) See Attached Plans: Site Plan "C" STAFF RECOMMENDATIONS AND ESTIMATED CONSTRUCTION COSTS: Staff Reconunendations: (Sites were ranked in order of preference based on a quantitative ranking matrix - See Appendix "A") Certified Construction Management, Inc. prepared an "Opinion of Probable Construction Cost" for the Sites. (See Appendix `B" for cost estimate summary) Primary Site Recommendation: Site Plan "A", Current site including properties to West and 15th Street to the North; construct a 24,105 square foot new building to meet current space needs and design plan to accommodate 5,315 square feet of planned or future space needs. Estimated Construction Cost $7,059,394. (See Appendix "C" for cost estimate detail) Secondary Site Recommendation: Site Plan `B", Located at 1400 National City Boulevard; Construct a 24,105 square foot new building to meet current space needs and design plan to accommodate 5,315 square feet of planned or future space needs. Estimated Construction Cost $7,104,647. (See Appendix "D" for cost estimate detail) Third Site Recommendation: Site Plan "C", Current site including properties to West and 15th Street to the North; utilize existing facility as non -essential office spaces, construct 18,739 square 1 feet of new building to meet current space needs, remodel 5,366 square feet of existing building to meet Administrative needs and design plan to accommodate 5,315 square feet of planned or future space needs. Estimated Construction Cost $6,276,788. (See Appendix "E" for cost estimate detail) NOTE: Estimated Construction Costs do not include the costs for furniture, futures, equipment, testing and inspection, property purchase costs (16th Street Site), A/E fees, and construction contingency. Site Plans "A" and "C" will incur approximately $500,000 in property purchase costs. STRUCTURAL PRELIMINARY REPORT AND SEISMIC STUDY: The Preliminary Structural Report was referred to the City Engineer for review and opinion, which resulted in a request for proposal from Baylock Engineering to conduct a Seismic Study of the existing facility. The City Engineer was authorized on November 23, 1999, to further evaluate prior to February 15, 2000, the existing facility to determine feasibility and costs associated with retrofitting the existing facility to meet seismic requirements. Baylock Engineering provided an estimate of $50,000 to complete the Seismic Study of the entire building. Available Project Funding FY 1999-00 is $30,000. Baylock Engineering was asked to submit an alternative estimate based on a reduced scope of work, which limits the Seismic Study to the office and living spaces of the building. The estimate to complete the reduced scope for the Seismic Study is $27,120. The basis for conducting the Seismic Study was to answer two questions: 1. Can the building be retrofitted to meet current seismic requirements; and 2. What would such a retrofit cost? The answer to the questions is yes the building can be retrofitted to comply with seismic requirements and the costs could range from $60-$74 per square foot. These costs are based on two sources. First, a recent seismic retrofit of Station #22 of the Orange County Fire Authority, which is similar to National City's Headquarters Station, was $74 per square foot to include retrofit costs and some additional remodeling and expansion. The second estimate is based on standard remodeling costs of an office building (Non- essential Building Standard), which is $60 per square foot. Staff Recommendation: If Site Plan "C" is selected consider the estimated seismic iatrofit costs at $60 per square foot as part of the remodeling of the existing building for Administrative Office Spaces (5,366 square feet), and actual seismic ►ctiufit requirements to be determined during Project Design Phase. VALUE ENGINEERING REVIEW: On November 23, 1999, the City Engineer was directed to complete this task. He is currently conducting this Review with assistance from the Building & Safety Director based on information completed to date including space needs, preliminary concept plans, and functional format cost estimates. 2 FUNDING PLAN: CDBG Section 108 Loan: On November 2, 1999, an Agreement was approved by the Community Development Commission to prepare a "Section 108 Loan Package" to be submitted to the Department of Housing and Urban Development. The maximum loan amount for this loan package is approximately $7,000,000. (See Appendix "F") An estimated 75% of Project costs would be funded by a Section 108 Loan with annual debt service of approximately $485,000 over a 20-year loan period. Staff Recommendations: Direct Staff to coordinate with the Section 108 Loan Consultant and determine first year funding costs to complete Project design in Fiscal Year 2000-01. This to be completed prior to May 9, 2000 CDBG Final Hearing. Direct Staff to coordinate with the Section 108 Loan Consultant and assemble entire 20 year Section 108 Loan package for consideration by the City Council in Spring 2001. California Infrastructure and Economic Development Bank (CIEDB) Loan: On December 20, 1999, the CIEDB Loan was initiated to allocate $350 million to a reserve fund loan program. Infrastructure projects that can be financed by the loan are public safety facilities, which include fire stations. Eligible costs for financing include costs for construction, renovation, design, land acquisition, and demolition. An estimated 25% of Project costs that would not be eligible for Section 108 Loan funding may be covered with the CIEDB Loan with annual debt service of approximately $162,000 over a 20-year loan period. The annual debt service for the CIEDB Loan would be included in the City's Annual Operating Budget and funded by the City's General Fund. Staff Recommendation: Direct Staff to submit a California Infrastructure and Economic Development Bank (CIEDB) Loan Pre -Application for approximately 25% of construction costs that are not eligible for CDBG Funding. (See Appendix "G" for CIEDB Loan details) GRANT/ALTERNATIVE FUNDING SOURCES: Staff has conducted extensive research, but has been unable to locate grant -funding sources to cover the costs of the Project. However, a continuous effort to locate alternate funding sources will continue throughout the duration of the Project. The following two funding sources were researched: HR 1 168 Firefighter Investment and Response Enhancement (FIRE) Act Scope: To authorize the Director of the Federal Emergency Management Agency to make grants to fire departments for the purpose of protecting the public and firefighting personnel against fire and fire -related hazards. Result: A Congressional hearing has been scheduled for April 12, 2000, between the House Committee on Transportation and Infrastructure and the House Committee on Science. California Integrated Waste Management Board (CIWMB): Sustainable Building Grants Program 3 Scope: On September 8, 1999, the California Integrated Waste Management Board approved $325,000 for a Sustainable Building Grants Program to advance the use of green building design and construction practices in California. Application Deadline: December 1, 1999 Result: The Scope of this grant program may be considered as a source of funding during the next phase of the Project. SUMMARY OF STAFF RECOMMENDATIONS: After careful consideration of the pros and cons of each Site Plan, Staff has recommended Site Plan "A" as the most adequate to meet both Operational and Administrative requirements. Site Plan "A" would locate the Fire Station on the current site to include properties to the West and 15th Street to the North. The Plan would enable the construction of a 24,105 square foot new building to meet current space needs and accommodate 5,315 square feet of planned or future space needs. It is recommended that a CDBG Section 108 Loan provide 75% of Project Funding with the remaining 25% provided by a California Infrastructure and Economic Development Bank (CIEDB) Loan. Annual debt service for the Section 108 Loan is estimated to be $485,000 and would be included in the City's Annual CDBG Program. Annual debt service of $162,000 for the CIEDB Loan would be included in the City's Annual Operating Budget and funded by the City's General Fund. It is recommended that Staff immediately begin coordinating with the Section 108 Loan Consultant who was hired by the Community Development Commission to determine first year funding costs to allow for Project design work to be completed in Fiscal Year 2000- 01. In addition, Staff has recommended the authorization to submit a Pre -Application for a CIEDB Loan to cover approximately 25% of the building costs not eligible for Section 108 Loan. CONCLUSION: The information contained in this Report outlines action taken to date and provides several recommendations regarding the next steps to be completed in the process of determining the best solution to the Fire Department's facility needs. A critical decision point will be May 9, 2000, when the City Council establishes the FY 2000-01 CDBG Program allocations. The Fire Department Project will require additional funding for design work in FY 2000-01 if the Project is to continue moving forward. The funding for the Project design may be defined as a single CDBG Project or could be allocated as the first of 20 annual payments to provide debt service to the CDBG Section 108 Loan. 4 Current Site (No Use of old Structure) = "A" 1400 National City Blvd. (Colonial Ford) Site = "B" Current Site (Uses old Structure) = "C" RANKING VALUES 1-3 (1 = BEST - 3 = WORST) SITES CONSIDERATIONS A B I C Location: Which has no floodplain impact? 1 3 1 Which best supports emergency service delivery? 1 2 1 Which best supports business office activities? 2 1 2 Which best supports future expansion options? 1 1 1 Which provides the best use of the property? 1 3 2 Which does not require the taking of single family dwellings? 3 1 3 Which supports Civic Center complex? 2 1 2 z. Operational Impacts: Which provides the least impact to operations during construction? 3 1 2 Which best meets operational requirements? 1 2 3 Which has the least traffic impact to operations? 1 3 1 Which option does not require the Admin/CRM Division to move? 2 1 2 Public Access: Which provides the best parking? 1 2 3 Which provides the best access to business offices? 1 1 1 Which provides the best access from City Hall? 2 1 2 Which has the least impact on traffic? 1 3 1 Building Maintenance: Which has the least building maintenance costs? 1 1 3 Layout: Which is the best design layout? 1 2 3 Which has the most training space? 1 3 2 Which has the least conflict between on -site traffic vs. training drills? 1 3 2 Which best displays R-1? 1 1 3 Which is the best location for the new Headquarters Fire Station? 1 2 1 Costs: Which option has the least cost estimate? 3 2 1 Which provides the best use of the existing building? 3 3 1 Which has the least seismic costs? 1 1 3 Which has the least property acquisition costs? 2 1 2 Which has the least remodeling costs? 1 1 3 Which provides the best use of the existing pumper test pit? 3 3 1 TOTALS 42 49 52 Appendix A Certified Construction Management Inc. NATIONAL CITY HEADQUARTERS FIRE STATION STUDY NATIONAL CITY, CALIFORNIA OPINION OF PROBABLE CONSTRUCTION COST MARCH 03, 2000 PREPARED FOR: DON ILER, ARCHITECT LAGUNA NIGUEL, CALIFORNIA PREPARED BY CERTIFIED CONSTRUCTION MANAGEMENT, INC. MISSION VIEJO, CALIFORNIA 22542 Canaveras - Mission Viejo, CA 92691 Ph: 949-707-5210 Fax: 949-707-5215 Appendix B-1 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: GRAND SUMMARY JOB NO: 00-019 ESTIMATOR: RRH, LDH MARCH 3, 2000, ITEM NO UNIT TOTAL COST COST GRAND SUMMARY 1.00 CONCEPT -A 2.00 CONCEPT -B 3.00 CONCEPT - C 81,000 SF 87.15 7,059,394 84,100 SF 84.48 7,104,647 81,000 SF 77.49 6,276,788 Appendix B-2 22542 Canaveras - Mission Viejo CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Page 1 of 1 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'A' NEW SITE JOB NO: 00-019-1 ESTIMATOR: RRH, LDH MARCH 3, 2000 ITEM NO. DESCRIPTION !. QUANTITY. UNITCOST TOTAL. case` ESTIMATE SUMMARY - A 1.20 Site Work 2.20 New Buildings 81,000 SF 9.80 794,015 81,000 SF 55.73 4,513,800 SUBTOTAL 81,000 SF 65.53 5,307,815 12.00 PRORATES 81,000 SF 21.62 1,751,579 TOTAL ESTIMATED COST 81,000 SF NOTE: Estimate Excludes: Furniture, Fixtures and Equipment Testing and Inspection Land and Purchase Cost A/E Fees Construction Contingency 87.15 7,059,394 Appendix C-1 22542 Canavcras - Mission Viejo CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Page 1 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'A' NEW SITE JOB NO: 00-019-1 ESTIMATOR: RRH, LDH MARCH 3, 2000 f ITE61 NO ' DESCRIPTION UNIT• L eog TOTAL QUANTITY UNIT COST Dlffy' COST Concept 'A' 1.200 Site Work 1.201 Demolish Culture Center 3,000 SF 3.00 0.00 9,000 1.202 Demolish Existing Residence 8,150 SF 3.00 0.00 24,450 1.203 Demolish Existing Fire Station 10,769 SF 3.00 0.00 32,307 1.204 Clear and Grade Site Area 81,000 SF 1.00 0.00 81,000 1.205 Training Area Concrete Paving 12,685 SF 4.75 0.00 60,254 1.206 Install New CMU Block Retaining Wall 2,920 SF 30.00 0.00 87,600 1.207 Public/Administration Entry Ramp 500 SF 6.00 0.00 3,000 1.208 Operations Entry Ramp 500 SF 6.00 0.00 3,000 1.209 Training, Administration and Public Entry Area 4 EA 1,500.00 0.00 6,000 1.210 Raping Security Gate 3 EA 2,500.00 0.00 7,500 1.211 Concrete Stairs to Training Tower 1 LS 4,000.00 0.00 4,000 1.212 New Wrought Iron Perimeter Security Fence & Gate 450 LF 30.00 0.00 13,500 1.213 New Screen Wall 105 LF 110.00 0.00 11,550 1.214 New Trash Enclosure 1 EA 4,500.00 0.00 4,500 1.215 Administration, Staff and Public Asphalt Parking Lot, 2" on 6" Base 10,800 SF 2.25 0.00 24,300 1.216 Firefighters Asphalt Parking Lot, 3" on 8" Base 11,325 SF 2.80 0.00 31,710 1.217 Parking Lot Lighting 11 EA 3,500.00 0.00 38,500 1.218 Public Entry Concrete Sidewalk, Broom Finish 2,450 SF 2.25 0.00 5,513 1.219 Aluminum Flag Pole and Base 35 ft. 1 EA 3,500.00 0.00 3,500 1.220 Emergency Generator 400 KW, ATS, Feeder Conduit and Wire 1 EA 150,000.00 0.00 150,000 1.221 Above Ground Fuel Tank 500 Gallon, Pad, Pump and Piping 1 EA 6,000.00 0.00 6,000 1,222 New Drafting Pit 1 LS 75,000.00 0.00 75,000 1.223 Apparatus Bay Concrete Apron, Front and Rear 5,775 SF 4.75 0.00 27,431 1,224 Concrete Sidewalk, Curb and Gutter 880 LF 15,00 0.00 13,200 1.225 Concrete Curbs 1,600 LF 7.00 0.00 11,200 1.226 Landscape Allowance 1 LS 10,000.00 0.00 10,000 1.227 Site Utilities Allowance 1 LS 50,000.00 0.00 50,000 Subtotal Section 1.2 Site Work 794,015 Appendix C-2 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Page 2 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'A' NEW SITE JOB NO: 00-019-1 ESTIMATOR: RRH, LDH MARCH 3, 2000 rr�►a NO UNI? . 'Geo9. TOTA1. DESCRIPTION: QUANTITY' UNIT COST pail ' ;COST Concept 'A' 2.200 New Buildings 2.201 New Fire Station Two Story 2.202 Future Community and EOC Room 2.203 Future R-1 Engine Display Building 2.204 Future Reserve Apparatus Building 2.205 New Five (5) Story Training Tower 2.206 Future Shipping and Receiving Building 2.207 Future Administration Office Area Subtotal Section 2.20 New Building 22,605 SF 160.00 0.00 3,616,800 1,625 SF 175.00 0.00 284,375 550 SF 125.00 0.00 68,750 1,875 SF 85.00 0.00 159,375 1,500 SF 175.00 0.00 262,500 365 SF 100.00 0.00 36,500 900 SF 95.00 0.00 85,500 4,513,800 PRORATES General conditions 6.00% 318,469 Contingency 15.00% 796,172 Overhead, Profit & Bonds 12.00% 636,938 Subtotal 1,751,579 Appendix C-3 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Page 3 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'B' NEW SITE JOB NO: 00-019-2 ESTIMATOR: RRH, LDH MARCH 3, 2000, ITEM NO- DESCRIP_T[ON UNIT TOTA>.'r: ' QUANTITY UNIT ::.. .COST COST" h ESTIMATE SUMMARY - B 1.20 Site Work 2.20 New Buildings 84,100 SF 84,100 SF 9.56 53.96 804,040 4,537,800 SUBTOTAL 84,100 SF 63.52 5,341,840 12.00 PRORATES 84,100 SF 20.96 1,762,807 TOTAL ESTIMATED COST NOTE: Estimate Excludes: Furniture, Fixtures and Equipment Testing and Inspection Land Purchase Cost A/E Fees Construction Contingency 84,100 SF 84.48 7,104,647 Appendix D-1 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Page 1 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'B' NEW SITE JOB NO: 00-019-2 ESTIMATOR: RRH, LDH MARCH 3, 2000, NO: .':I DESCRIPTION dUANI1TY UNIT UNIT .. , aH TOTAL COSY COST Concept 'B' 1.200 Site Work 1.201 Demolish Used Car Building 1.202 Demolish Used Car CMU Block Budding 1.203 Demolish Existing Shed Building 1.204 Remove Area Asphalt paving 1.205 Clear and Grade Site Area 1.206 Install New CMU Block Retaining Wall 1.207 Concrete Entry Ramp 1.208 Concrete Apparatus Bay Front and Rear Apron 1.209 Concrete Entry Area 1.210 Rolling Security Gate 1.211 Concrete Stairs to Upper Level 1.212 New Wrought Iron Perimeter Security Fence 1.213 New Concrete Curbs 1.214 New Concrete Sidewalk,Curbs and Gutters 1.215 New Trash Enclosure 1.216 Administration and Staff Asphalt Parking Lot, 2' on 6" Base 1.217 Firefighters Asphalt Parking Lot, 3" on 8" Base 1.218 Training Area Concrete Parking 1.219 Parking Lot Lighting 1.220 Concrete Sidewalk, Broom Finish 1.221 Aluminum Flag Pole and Base 35 ft. 1.222 Emergency Generator 400 ION, ATS, Feeder Conduit and Wire 1.223 Above Ground Fuel Tank 500 Gallon, Pad, Pump and Piping 1.224 New Drafting Pit 1.225 Concrete Sidewalk, Curb and Gutter 1.226 Landscape Allowance 1.227 Site Utility Allowance Subtotal Section 1.2 Site Work 5,850 SF 3.00 0.00 17,550 9,000 SF 3.00 0.00 27,000 1 LS 7,000.00 0.00 7,000 69,000 SF 0.20 0.00 13,800 84,100 SF 1.00 0.00 84,100 1,755 SF 30.00 0.00 52,650 1,750 SF 6.00 0.00 10,500 8,700 SF 4.75 0.00 41,325 1,625 SF 5.00 0.00 8,125 3 EA 2,500.00 0.00 7,500 2 EA 3,000.00 0.00 6,000 635 LF 30.00 0.00 19,050 1,700 LF 7.00 0.00 11,900 745 LF 15.00 0.00 11,175 1 EA 4,500.00 0.00 4,500 8,400 SF 2.25 0.00 18,900 6,500 SF 2.80 0.00 18,200 18,960 SF 4.75 0.00 90,060 11 EA 3,500.00 0.00 38,500 3,780 SF 2.25 0.00 8,505 1 EA 3,500.00 0.00 3,500 1 EA 150,000.00 0.00 150,000 1 EA 6,000.00 0.00 6,000 1 LS 75,000.00 0.00 75,000 880 LF 15.00 0.00 13,200 1 LS 10,000.00 0.00 10,000 1 LS 50,000.00 0.00 50,000 804,040 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Appendix D-2 Page 2 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'B' NEW SITE JOB NO: 00-019-2 ESTIMATOR: RRH, LDH MARCH 3, 2000, NO DESCRIPTION UNIT QUANTITY UNIT • . 'TOTAL Dili: COST 2.200 2.201 2.202 2.203 2.204 2.205 2.206 2.207 2.208 Concept 'B' New Buildings New Fire Station Two Story Future Community and EOC Room Future R-1 Engine Display Building Future Reserve Apparatus Building New Five (5) Story Training Tower Future Shipping and Receiving Building Future Administration Office Improved Rear Access Road at Ball Field Subtotal Section 2.20 New Building PRORATES General conditions Contingency Overhead, Profit & Bonds Subtotal 22,605 SF 1,625 SF 550 SF 1,875 SF 1,500 SF 365 SF 900 SF 6,000 SF 6.00% 15.00% 12.00% 160.00 0.00 3,616,800 175.00 0.00 284,375 125.00 0.00 68,750 85.00 0.00 159,375 175.00 0.00 262,500 100.00 0.00 36,500 95.00 0.00 85,500 4.00 0.00 24,000 4,537,800 320,510 801,276 641,021 1,762,807 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Appendix D-3 Page 3 of 3 Certified Construction Mana ,ement, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'C' RENOVATION JOB NO: 00-019-3 ESTIMATOR: RRH, LDH MARCH 3, 2000, ITEM NO_ DESCRIPTION UNIT TOTAL QUANTITY UNIT CAST. COST ESTIMATE SUMMARY- C 1.20 Site Work 2.20 New Buildings and Renovation of Existing Fire Station 81,000 SF 81,000 SF 8.30 49.10 672,273 3,977,200 12.00 SUBTOTAL PRORATES 81,000 SF 57.40 81,000 SF 4,649,473 20.09 1,627,315 TOTAL ESTIMATED COST NOTE: Estimate Excludes: Fixture, Furniture and Equipment Testing and Inspection Land Purchase Cost A/E Fees Construction Contingency 81,000 SF 77.49 6,276,788 22542 Canaveras - Mission Viejo, CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Appendix E-1 Page 1 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'C' RENOVATION JOB NO: 00-019-3 ESTIMATOR: RRH, LDH MARCH 3, 2000, ITEM NO. DESCRIPTION QUANTITY UNIT;.. UNtT Geog... TOTAL COST Dr1P1 ' COST' Concept 'C' 1.200 Site Work 1.201 Demolish Culture Center 1.202 Demolish Existing Residence 1.203 Clear and Grade Site Area 1.204 Training Area Concrete Paving 1.205 Install New CMU Block Retaining Wall 1.206 Public/Administration Entry Ramp 1.207 Operations Entry Ramp 1.208 Training Entry Area 1.209 Rolling Security Gate 1.210 Concrete Stairs to Training Tower 1.211 New Wrought Iron Fence & Gate 1.212 New Screen Wall and Gate 1.213 New Trash Enclosure 1.214 Administration and Public Asphalt Parking Lot, 2" on 6" Base 1.215 Fire Fighter Asphalt Parking Lot, 3" on 8" Base 1.216 Parking Lot Lighting 1.217 Public Entry Concrete Courtyard and Sidewalk, Broom Finish 1.218 Aluminum Flag Pole and Base 35 ft. 1.219 Emergency Generator, 400 KW ATS and Feeder Conduit and Wire 1.220 Above Ground Fuel Tank 500 Gallon Pad, Pump and Piping 1.221 Apparatus Bay Concrete Apron, Front and Rear 1.222 Concrete Sidewalk, Curb and Gutter 1.223 Concrete Curb 1.224 Landscape Allowance 1.225 Site Utility Allowance Subtotal Section 1.2 Site Work 3,000 SF 3.00 0.00 9,000 8,150 SF 3.00 0.00 24,450 81,000 SF 1.00 0.00. 81,000 12,150 SF 4.75 0.00 57,713 2,860 SF 30.00 0.00 85,800 500 SF 5.50 0.00 2,750 500 SF 5.50 0.00 2,750 1 EA 1,500.00 0.00 1,500 2 EA 2,500.00 0.00 5,000 1 LS 3,000.00 0.00 . 3,000 260 LF 30.00 0.00 7,800 105 LF 115.00 0.00 12,075 1 EA 6,800.00 0.00 6,800 13,200 SF 2.25 0.00 29,700 14,700 SF 2.80 0.00 41,160 11 EA 3,500.00 0.00 38,500 2,850 SF 2.25 0.00 6,413 1 EA 3,500.00 0.00 3,500 1 EA 150,000.00 0.00 150,000 1 EA 6,000.00 0.00 6,000 4,350 SF 4.75 0.00 20,663 800 LF 15.00 0.00 12,000 2,100 LF 7.00 0.00 14,700 1 LS 10,000.00 0.00 10,000 1 LS 40,000.00 0.00 40,000 672,273 22542 Canaveras - Mission Viejo CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Appendix E-2 Page 2 of 3 Certified Construction Management, Inc. OPINION OF PROBABLE COST STUDY PROJECT: FIRE STATION HEADQUARTERS LOCATION: NATIONAL CITY, CALIFORNIA CLIENT: DON ILER - ARCHITECT DESCRIPTION: CONCEPT 'C' RENOVATION JOB NO: 00-019-3 ESTIMATOR: RRH, LDH MARCH 3, 2000, ITEM NO:. DESCRIPTION gUAtrTRY _ UNIT . TOTAL UNIT' COST Oilt1 COST :r: Concept 'C' 2.200 New Buildings and Renovation of Existing Fire Station 2.201 Existing Fire Station Remodel Allowance 2.202 New Fire Station Two Story 2.203 Future Community and EOC Room 2.204 Future R-1 Engine Display Building 2.205 Future Reserve Apparatus Building 2.206 New Five (5) Story Training Tower 2.207 Future Shipping & Receiving Building 2.208 Future Administration Office Subtotal Section 2.20 New Building and Renovation 5,386 SF 60.00 0.00 321,960 17,239 SF 160.00 0.00 2,758,240 1,625 SF 175.00 0.00 284,375 550 SF 125.00 0.00 68,750 1,875 SF 85.00 0.00 159,375 1,500 SF 175.00 0.00 262,500 365 SF 100.00 0.00 36,500 900 SF 95.00 0.00 85,500 3,977,200 PRORATES General conditions 8.00% 371,958 Contingency 15.00% 697,421 Overhead, Profit & Bonds 12.00% 557,937 Subtotal 1,627,316 22542 Canavcras - Mission Vieto CA 92691 Ph: 714-707-5210 Fax: 714-707-5215 Appendix E-3 Page 3 of 3 MEMORANDUM Community Development Commission of National City e-mail CDCNC@AOL.COM; 619-336-4250; Fax 619-33-4286 Date: April 22, 1999 TO: Mayor Waters FROM: Paul Desrochers SUBJECT: CDBG Grant for Fire Station; 108 loan A Section 108 loan is basically a loan of future CDBG funds. It can be spread over 20 years. HUD really likes them for Redevelopment Project rather than public buildings. Because of the year to year CDBG process, HUD will require the City to guarantee pay back. Interest equal to Treasury Bills will be charged to the amount outstanding. It takes about a year to go through the process of applying and award. A $3,000,000 108 loan could be paid back at a $300,000 per year over 20 years. cc. Randy Kimble, Fire Depztse.nt. National City Fire Dept APR 2 21999 non PM 7180110111112111213141516 A Appendix F-1 Community Development Commission of the City of National City November 2, 1999 AGENDA ITEM NO. 3 TO: Chairman and Board Members FROM: Paul Desrochers, Executive Director VIA: Ben Martinez, Project Manager SUBJECT: RESOLUTION NO. 99-54: APPROVING AN AGREEMENT WITH MARK BRIGGS & ASSOCIATES, INC. FOR THE PREPARATION OF A SECTION 108 LOAN PACKAGE TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Recommendation: Approve above -subject resolution. Fiscal Impact: The cost for these professional services will be $15,000. CDBG funding is available for this purpose from the FY 1999-00 CDC Budget. Environmental Impact Exempt. Background: The Section 108 Loan Program allows entitlement jurisdictions to receive a loan up to five times the amount of its annual CDBG entitlement funding. This would be a maximum loan amount of approximately $7 million for National City. Traditionally, for public facility types of projects. this loan is repaid with interest via the annual CDBG Community Development Commission Agenda Item No. 3 November 2, 1999 Page 1 of 2 Appendix F-2 grant with additional payback sources having to be pledged in case the CDBG Program were not available in the future. However, HUD is now encouraging cities to tie the Section 108 Loan Program with an economic development project where the project income becomes the main source of repayment. In this scenario, CDBG funds and/or other pledges made by the City are only secondary sources of repayment. One project that could provide a possible Section 108 repayment is financial assistance to private sector businesses that will locate in the proposed Higher Education Center in downtown. Initial discussions with the developer show a sizeable gap in the needed financing to build a parking structure large enough to meet the needs of the center. Section 108, along with other grant and/or loans, may be the solution to this problem. In addition to the Higher Education Center, there are several other potential uses for the Section 108 Loan. Staff recommends that the process to obtain the "108" commence as soon as possible so that this financing tool will be available sometime next year. The process to obtain a Section 108 loan can take from six to ten months, depending on the volume of Section 108 requests HUD receives from other jurisdictions. Several preliminary steps will be required before the City can apply for the loan. One of these is the inclusion of the 108 program in the City's Consolidated Plan. This step alone could take two months because of required public hearings. The Commission will have the flexibility to revise the 108 loan amount and designation if needed. In other words, beginning this 108 loan application process will not lock the City into financing the Higher Education Center only. This point is important because the new year could bring different development priorities for the Commission. At least, however, this economic tool will have been put into place. MBA, Inc.'s experience in this specific field of grant work is unparalleled. A representative list of secured and pending grants is listed as Exhibit "A." Staff contacted several other economic consulting firms in the region such as Keyser Marston & Associates, Inc. and Cotton/Beland/Associates, Inc. and none of these and other firms were deemed to have the comparable expertise in securing Section 108 loans from HUD as MBA, Inc. Community Development Commission Agenda Item No. 3 November 2, 1999 Page 2 of 2 Appendix F-3 RESOLUTION NO. 99-54 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH MARK BRIGGS & ASSOCIATES, INC. FOR THE PREPARATION OF A SECTION 108 LOAN PACKAGE TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Government under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to apply for a Section 108 Loan from HUD to undertake a major capital project for the benefit of lower income households in the City of National City; and WHEREAS, the above consulting firm has particular expertise in securing Section 108 Loans from HUD and is willing to perform said services for the City of National City. NOW, THEREFORE, BE IT RESOLVED, by the Community Development Commission of the City of National City that the Chairman is hereby authorized, on behalf of the Commission, to enter into an agreement with Mark Briggs & Associates, Inc. for the submission of a Section 108 Loan Package to the Department of Housing and Urban Development. PASSED and ADOPTED this 2`d day of November, 1999. George H. Waters, Chairman ATTEST: Paul Desrochers, Secretary APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Appendix F-4 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARK BRIGGS & ASSOCIATES, INC. THIS AGREEMENT is entered into this 2"d day of November, 1999 by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and Mark Briggs & Associates, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to secure a Section 108 Loan Program approval from the Department of Housing and Urban Development (HUD). WHEREAS, the CDC has determined that the CONTRACTOR is a Economic Consulting Firm and is an exceptionally qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CDC may unilaterally, or upon request from the CONTRACTOR. from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so. the CDC and the CONTRACTOR agree to Appendix F-5 meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ben Martinez hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mark Briggs thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the CDC Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other, evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CDC and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings. plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Page 2 Revised 5 Appendix F-6 The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CDC and is not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent contractors and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR. and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the CDC. Page 3 Air F-7 Revisrd 5• 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CDC expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. C. The CONTRACTOR warrants to the CDC that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discrimi- nate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for Page 4 Revised 5-9.ppendix F-8 training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the CDC, the City of National City, and their officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify. defend and hold harmless the CDC and its officers. employees and volunteers from and against all claims, demands, payments. suits. actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CDC or its Page 5 Revised ARpend►x F-9 officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. 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 shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. E. Said policies, except for the professional liability and worker's compensation policies, shall name the CDC and its officers, agents and employees as additional insureds. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. 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 equal financial stability that is approved by the CDC's Risk Manager. I. This Agreement shall not take effect until certificates) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite Page 6 Revised ;Appendix F-10 insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parries agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. B. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. Page 7 Revise iCndix F-11 C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. E. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility. (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: Paul Desrochers, Executive Director COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 140 East 12i6 Street, Suite B National City, CA 91950-3312 Pane 8 Revised 5,dOppendix F-12 To the CONTRACTOR: Mark Briggs, President MARK BRIGGS & ASSOCIATES, INC. 505 N. Tustin Avenue, Ste. 115 Santa Ana, CA 92075 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. If checked, the CONTRACTOR shall comply with all of the reporting require- ments of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically he extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. Page 9 ReviseAMendix F-13 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. G. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such Page 10 Revised Apipendix F-l4 parry's counsel and advisors have reviewed this Agreement, (v) each parry has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT OF MARK BRIGGS & ASSOCIATES, INC. THE CITY OF NATIONAL CITY By: George H. Waters By: Mark E. Briggs, President Chairman, CDC APPROVED AS TO FORM: George H. Eiser, III CDC/City Attorney Page 11 By: Bryon K. Baron, Sr. Vice President Revise ndx F-I5 EXHIBIT A This Agreement is for consultant services to be provided by Mark Briggs & Associates, Inc., for preparation of an U.S. Department of Housing and Urban Development (HUD) Section 108 Loan Guarantee application. The services to be provided include the following: 1. Work with City staff to define the project and costs and to size the Section 108 amount. • 2. Establish the use of the Section 108 and other resources to be included in project. 3. Structure the repayment and additional security. 4. Work with staff to develop public hearing notices, City Council reports and resolution containing required certifications. 5. Attend public hearings and/or public meetings on Section 108 application. 6. Prepare draft Section 108 application for City review and comments. 7. Prepare final Section 108 application for submittal to HUD. 8. Follow-up with HUD, as necessary, on questions relating to Section 108 application. The fees for the above services will be Fifteen Thousand Dollars ($15,000), payable as follows: Approval of Contract $1,000 Structuring of Section 108 Activities 2,500 Submittal of Draft Application to City 6,000 Submittal of Final Application to HUD 5,000 Respond to HUD Questions on Application 500 Total $15,000 The estimated timeframe for the services is as follows, with the time commencing from the date of approval of the Agreement: Structuring of Section 108 Activities - within 30 days Submittal of Draft Application to City - within 60 days Submittal of Final Application to HUD - within 120 days Respond to HUD Questions on Application - within 300 days Mktg tnatnicityl O8a Appendix F-16 CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (CIEDB) CRITERIA, PRIORITIES, AND GUIDELINES FOR THE INFRASTRUCTURE STATE REVOLVING FUND PROGRAM Appendix G-1 TABLE OF CONTENTS Section 1. Financing Model 3 Section 2. Loan Terms 4 Section 3. Statutory Funding Limits For Certain Projects 5 Section 4. Application Process 5 Section 5. Statutory Threshold Eligibility Criteria 5 Section 6. Supplemental Threshold Eligibility Criteria 8 Section 7. Scoring Criteria For Prioritizing Projects 10 2 Appendix G-2 CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (CIEDB) CRITERIA, PRIORITIES, AND GUIDELINES FOR THE INFRASTRUCTURE STATE REVOLVING FUND PROGRAM Note: Sections 1 - 4 pertain to policies of the CIEDB and not to the resolution required of an applicant in Section 5.IV. SECTION 1. FINANCING MODEL I. Leveraged Loan Program A. The CIEDB will Initially allocate $350 million of its $475 million of funding to commence a two -tiered reserve fund leveraged loan program. B. Tier 1, consisting of $275 million initially, will be available to any applicant that meets the CIEDB's underwriting criteria and that satisfies all other threshold eligibility requirements described in Sections 5 and 6. Tier 1 projects will be ranked for funding utilizing the scoring system described in Section 7. C. Tier 2, which consists of $75 million initially, will be available for projects that are expected to meet the Tier 1 underwriting criteria within a maximum of five years of loan origination, at which time it is anticipated that the loan will be included in the leveraged financing pool with other Tier 1 loans. Tier 2 is available only to communities experiencing economic distress as defined in Section 6.IV. Tier 2 projects will also be ranked for funding utilizing the scoring system described in Section 7. II. Two -Step Leveraging Approach A. Once a significant portion of the total of the initial funding for Tier 1 and Tier 2 allocations have been committed, the CIEDB expects to issue revenue bonds in several series to leverage the program in order to provide additional loan funds. B. The CIEDB will target a 3:1 leveraging ratio' for the program. The leveraging ratio represents the principal amount of loans secured to the capital deposited in the reserve fund. The targeted leveraging ratio may be adjusted due to changes in market conditions, rating agency requirements, CIEDB policy, federal tax law, or State statute. III. Technical Assistance The CIEDB will develop a technical assistance program for those projects in the developmental stage and in need of CIEDB financing. 3 Appendix G-3 SECTION 2. LOAN TERMS I. Loan Amount Tier 1 loans will be available in amounts ranging from $250,000 to $20 million per applicant. Tier 2 loans will be available in amounts from $250,000 to $5 million per applicant. II. Interest Rate The loans funded from the CIEDB's appropriation will be made on a fixed interest rate basis, at approximately 70% of The Bond Buyer's Revenue Bond Municipal Market Yield Index for an 'A" rated security of a similar size, reflecting the maturity of the individual loans. This interest rate includes the CIEDB's annual loan servicing fee. III. Amortization The loan term will not exceed the lesser of the project's useful life or 30 years, whichever is less. However, borrowers may choose shorter maturities. Repayment of the loans will be targeted to begin within one year of loan origination, unless the pledged revenue stream requires a longer start-up period. Loans will generally be amortized on a level repayment basis, but the loan payment schedule may be adjusted to meet the specific repayment streams of borrowers. Construction period interest may be an eligible financing cost for those loans with repayment streams that rely on scheduled, incremental rate increases. IV. Prepayment Borrowers will be permitted to prepay their loans without prepayment penalties prior to the time the program is leveraged through the issuance of revenue bonds. After the issuance of bonds, prepayment of loans included in the leveraged loan pool may be subject to any applicable prepayment premiums on the related program bonds. V. Loans From Bond Proceeds Loans funded with bond proceeds may include terms that vary from the loans originated prior to leveraging due to changes in market conditions, rating agency requirements, CIEDB policy, federal tax law, or State statute. VI. Loan Fees Loan fees, including loan servicing fees, will be assessed to applicants consistent with a fee schedule adopted by the CIEDB Board of Directors. VII. Jurisdictional Funding Limits Each local jurisdiction, which includes all applicants within that local jurisdiction, will be permitted aggregate financing approval up to $27.5 million of the initial $275 million funding for Tier 1 loans and up to $7.5 million of the initial $75 million funding for Tier 2 loans. Additional loan funds will be available from the proceeds of leveraged loan revenue bonds for those jurisdictions that have fully utilized their initial loan cap. 4 Appendix G-4 SECTION 3. STATUTORY FUNDING LIMITS FOR CERTAIN PROJECTS Pursuant to Government Code Section 63050(d), not more than fifteen percent (15%) of the annual financing approved by the CIEDB that utilizes State funds may be expended upon Educational Facilities, Environmental Mitigation Measures, and Parks and Recreational Facilities. SECTION 4. APPLICATION PROCESS The CIEDB will use a two-part application process for selecting projects to receive financing: a Preliminary Application followed by a Loan Application. I. Preliminary Application All interested applicants will be sent a Preliminary Application upon request. The Preliminary Application will be used to assess the applicant's ability to ultimately meet the threshold eligibility criteria. Preliminary Applications will be accepted on a continuous basis. II. Loan Application Applicants with approved preliminary applications will be invited to submit a loan application to the CIEDB. The Loan Application will require detailed information and documentation about the applicant and the project, enabling the CIEDB to determine if the application complies with the CIEDB's threshold criteria, including minimum underwriting standards. Complete Loan Applications meeting all threshold and underwriting criteria will be ranked according to the priorities described in Section 7. CIEDB staff will present a list of recommended projects to the Board at a public meeting. Applicants must submit complete Loan Applications by an announced application deadline date in order to be considered at the next board meeting at which Loan Applications are scheduled to be approved. Once the Board approves a Loan Application, the successful applicant will promptly be provided with a draft loan agreement. III. Loan Funding Cycles The Board will make loan approval decisions at least three times per year. The Board will announce in advance all funding cycles. SECTION 5. STATUTORY THRESHOLD ELIGIBILITY CRITERIA I. Eligible Applicants A. Applicants must meet the following definition of `Sponsor" contained in Government Code Section 63010(u): any subdivision of a local or state government, including departments, agencies, commissions, cities, counties, non-profit corporations formed on behalf of an applicant, special districts, assessment districts, and joint powers authorities within the state or any combination of these subdivisions that has, or proposes to 5 Appendix G-5 acquire, an interest in a project and that makes application to the CIEDB for financial assistance in connection with a project in a manner prescribed by the CIEDB. B. Chapter 84, Statutes of 1999 (AB 1661) requires that the funds appropriated to the CIEDB in the 1999/2000 State Budget shall only be available to local government sponsors. II. Eligible Infrastructure Projects Infrastructure projects to be financed must meet the following definition of 'Public Development Facilities' contained in Government Code Section 63010(q): real and personal property, structures, conveyances, equipment, thoroughfares, buildings and supporting components thereof, excluding any housing, directly related to providing the following: A. City Streets including any street, avenue, boulevard, road, parkway, drive, or other way that is one of the following: An existing municipal roadway; or the project is shown upon a plat approved pursuant to law and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. B. County Hiohways including any county highway as defined in Section 25 of the Streets and Highways Code, that includes the land between the highway lines, whether improved or unimproved, and may comprise pavement, bridges, shoulders, gutters, curbs, guardrails, sidewalks, parking areas, benches, fountains, plantings, lighting systems, and other areas within the street lines, as well as equipment and facilities used in the cleaning, grading, clearance, maintenance, and upkeep thereof. C. Drainage and Flood Control including ditches, canals, levees, pumps, dams, conduits, pipes, storm sewers, and dikes necessary to keep or direct water away from people, equipment, buildings, and other protected areas as may be established by lawful authority, as well as the acquisition, improvement, maintenance, and management of flood plain areas and all equipment used in the maintenance and operation of the foregoing. D. Educational Facilities including, but not limited to, libraries, child care facilities, day care facilities and employment training facilities. E. Environmental Mitigation Measures including required construction or modification of public infrastructure, and purchase and installation of pollution control and noise abatement equipment. F. Parks and Recreational Facilities including local parks, recreational property and equipment, parkways and property. 6 Appendix G-6 G. Port Facilities including docks, harbors, ports of entry, piers, ships, small boat harbors and marinas, and any other facilities, additions, or improvements in connection therewith. H. Power and Communications including facilities for the transmission or distribution of electrical energy, natural gas, and telephone and telecommunications service. (This category incorporates a change required by Chapter 936, Statutes of 1999, S8 808.) I. Public Transit including air and rail transport of goods, airports, guideways, vehicles, rights -of -way, passenger stations, maintenance and storage yards, and related structures, including public parking facilities, equipment used to provide or enhance transportation by bus, rail, ferry, or other conveyance, either publicly or privately owned, that provides to the public general or special service on a regular and continuing basis. J. Sewaae Collection and Treatment including pipes, pumps, and conduits that collect wastewater from residential, manufacturing, and commercial establishments, the equipment, structures, and facilities used in treating wastewater to reduce or eliminate impurities or contaminants, and the facilities used in disposing of, or transporting, remaining sludge, as well as all equipment used in the maintenance and operation of the foregoing. K. Solid Waste Collection and Disposal including vehicles, vehicle -compatible waste receptacles, transfer stations, recycling centers, sanitary landfills, and waste conversion facilities necessary to remove solid waste, except that which is hazardous as defined by law, from its point of origin. L. Water Treatment and Distribution including facilities in which water is purified and otherwise treated to meet residential, manufacturing, or commercial purposes and the conduits, pipes, and pumps that transport it to places of use.- M. Defense Conversion including, but not limited to, facilities necessary for successfully converting military bases consistent with an adopted base reuse plan. N. Public Safety Facilities including, but not limited to, police stations, fire stations, court buildings, jails, juvenile halls, and juvenile detention facilities. 0. State Highways including any state highway as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, and the related components necessary for safe operation of the highway. III. Eligible Costs A. The funds appropriated to the CIEDB can only be used to pay eligible costs as defined in Government Code Section 63010(f). Eligible costs for financing include the following: all or any part of the cost of construction, renovation, and acquisition of all lands, structures, real or personal property, rights, rights of way, franchises, licenses, easements, and interests acquired or used for a project; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved; the cost of all machinery, equipment and financing charges; interest prior to, during, and for a period after, completion of construction, renovation, or acquisition, as determined by the CIEDB; 7 Appendix G-7 provisions for working capital; reserves for principal and interest and for extensions, enlargements, additions, replacement, renovations, and improvements; and the cost of architectural, engineering, financial and legal services, plans, specifications, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of any project or incidental to the construction, acquisition, or financing of any project. B. The refinancing of existing indebtedness is not an eligible cost. IV. Applicant Resolution Pursuant to Government Code Section 63041(a), the legislative body or bodies of the applicant must find, by resolution, each of the following prior to a project being selected for financing by the CIEDB: A. The project facilitates effective and efficient use of existing and future public resources so as to promote economic development and conservation of natural resources. The project must develop and enhance public infrastructure in a manner that will attract, create and sustain long-term employment opportunities. B. The project is consistent with the general plan of both the city and county, or only the county for projects in unincorporated areas in which the project Is located. C. The proposed financing is appropriate for the specific project. D. The project is consistent with the critleria, priorities, and guidelines for the selection of projects adopted by the CIEDB pursuant to Government Code Section 63040. V. Future Statutory Changes Any future legislative changes to the statutory eligibility criteria will be incorporated into these criteria, priorities and guidelines by the CIEDB's Executive Director, or another designee of the CIEDB Chair, and will not require the CIEDB board to approve such changes. SECTION 6. SUPPLEMENTAL THRESHOLD ELIGIBILITY CRITERIA The following are supplemental threshold eligibility criteria established by the CIEDB. Although not required at the time of application, the CIEDB will also require evidence that the project has received all permits necessary for the construction and operation of the project and compliance with the California Environmental Quality Act. I. Need for CIEDB Financing A. Applicants requesting a loan for $2 million or less are eligible to apply for CIEDB financing regardless of what the applicant's project credit rating would be based on the credit strength of the loan's repayment source. B. Applicants requesting financing in amounts between $2 and $20 million are eligible to apply for CIEDB financing if the applicant's loan repayment source is unrated or if it B Appendix G-8 would not permit the equivalent of a triple B or higher credit rating for the applicant's debt, indicating the applicants limited access to capital. Applicants with a proposed repayment source that would be rated triple B or higher are presumed to have access to capital and therefore do not meet the CIEDB's -need for financing' criteria. However, the applicant may meet the criteria by clearly demonstrating the reasons for the need for CIEDB financing. Such reasons could include the following: (1) inability to raise sufficient net proceeds for project requirements through market interest rate financing; (2) short-term, interim financing needs pending receipt of approved long-term funding; and (3) lack of other realistic, affordable financing alternatives. II. Readiness Applicants must demonstrate a -readiness to proceed' which is defined as the ability to begin construction within 18 months after the CIEDB's loan commitment. III. Tax -Exempt Status Each project and applicant must be eligible for tax-exempt financing under Federal law, without an allocation of the State's private activity bond volume cap. IV. Impact on Economically Distressed Community (Applies to Tier 2 Loans Only) Tier 2 loans will only be available for projects located in, or adjacent to and directly affecting, a community experiencing economic distress and that do not currently meet the program's underwriting criteria for Tier 1 loans. For purposes of this provision, economic distress is defined by one or more of the following criteria: A. Community with an unemployment rate equal to or greater than 125% of the statewide average based on the California Employment Development Department's (EDD) most recent annual average for sub -county areas. B. Community with median family income of less than 80% of the statewide average based on the most recent census data available for cities or Census Designated Places (CDPs). If no city or CDP level data is available, or if the applicant chooses to identify a project benefit area that is smaller than a city or CDP (such as census tract or tracts), smaller areas will be used. C. Community with a poverty rate equal to or greater than 110% of the statewide average based on the most recent census data available for cities or Census Designated Places (CDPs). If no city or CDP level data is available, or if the applicant chooses to identify a project benefit area that is smaller than a city or CDP (such as census tract or tracts), smaller geographic areas will be used. D. State designated Enterprise Zone (including Local Agency Military Base Recovery Area, Manufacturing Enhancement Areas and Targeted Tax Area). E. Federally designated Empowerment Zone or Enterprise Community. F. Redevelopment project area adopted pursuant to Health and Safety Code Section 33000 et. seq., where the Applicant makes a finding that the project area meets the definition of blighted area contained in Health and Safety Code Section 33030. G. Federally recognized Economic Development District under 13 CFR Chapter III Section 302. H. A city or county with a military base designated for closure pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100- 526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or 9 Appendix G-9 any subsequent closure approved by the President of the United States without objection by the Congress. This provision will apply to proposed projects within 5 miles of a military base closure in an urban setting and to proposed projects within 20 miles of a military base closure in a rural setting. V. Business Relocation The CIEDB's infrastructure financing shall not be used to facilitate the relocation of a private sector business from one area of the State to another without substantial justification deemed acceptable by the CIEDB Board. Examples of acceptable justification could include: (1) completion of the project is necessary to prevent relocation of substantial business operations outside the State; and/or (2) the business needs to expand its operations and cannot reasonably do so in its current location. VI. Underwriting Criteria Applicants must meet the CIEDB's minimum underwriting criteria adopted by the Board. Tier 2 loans will be available to applicants with loan repayment sources that do not yet meet the minimum underwriting criteria for a Tier 1 loan, but are expected to meet the criteria within a maximum of five years of loan origination. VII. Source of Loan Repayment Eligible sources of loan repayment include the following: A. Enterprise System. Projects that will be part of a revenue -producing enterprise system can be financed with a loan that is payable with revenues from the enterprise. Enterprise systems most typically include water and sewer systems, and may also include: ports, airports, solid waste systems, bridges, parking facilities, and other enterprise systems. B. Redevelopment Agencies. Infrastructure projects located within a redevelopment project area can be financed by a loan to the applicable redevelopment agency. For projects located outside of a redevelopment project area, only projects that provide a special benefit and are essential to the implementation of the redevelopment plan, both of which must be factually supported, will be considered. C. Lease. A lease structure, rather than a loan, can be used if a loan alternative is not applicable. D. Assessment District. The CIEDB will finance projects to be repaid pursuant to either the Mello -Roos Act or the 1915 Assessment District Act. E. Voter -approved General Fund debt. F. Other repayment sources that do not violate State constitutional debt limitations and that are acceptable to the CIEDB. VIII. Project Financial Feasibility The CIEDB will require all project funding sources, other than the CIEDB's loan, to be identified at the time of application and approved prior to loan approval by the CIEDB Board. 10 Appendix G-10 SECTION 7. SCORING CRITERIA FOR PRIORITIZING PROJECTS Projects that meet all threshold eligibility criteria will be ranked on a 200-point scoring system based on the categories below. The Infrastructure Bank reserves the right to establish a minimum point threshold for eligibility. I. Project Impact (80 Points Maximum) A. Job Creation/Retention (30 Points Maximum) Points will be awarded to applicants with infrastructure projects that support the creation and/or retention of the greatest number of full-time equivalent jobs within three years of project completion per dollar of CIEDB financing. Job creation/retention figures based upon written confirmation from the entity that will create/retain the jobs will receive priority over estimates based upon a feasibility study. Jobs created/retained per dollar of financing Points Less than 1:$35,000 Based on written confirmation 30 Based on feasibility study* 26 1:$35,001 to 1:$50,000 Based on written confirmation 22 Based on feasibility study* 18 1:$50,001 to 1:$65,000 Based on written confirmation 14 Based on feasibility study' 10 Greater than 1:$65,000 0 ter other docu er1aion aooeptable to the CIEDB. If job creation/retention numbers are based upon a combination of written confirmation and a feasibility study, points shall be awarded based on the percentage of each. B. Economic Base Employers (10 Points Maximum) Points will be awarded to applicants with projects that are expected to create/retain jobs with 'Economic Base Employers" rather than 'Non -Economic Base Employers." For the purpose of this section, an Economic Base Employer means an employer whose customers are predominantly outside of the community where the project is located, bringing sales revenues into that community from outside the region. Such revenue creates increased economic investment and new jobs in the community. Examples of industry sectors that produce Economic Base Employers include, but are not limited to, agriculture, manufacturing, tourism (including historic downtown districts based mainly on retail and services), high technology, back office operations, and corporate headquarters. Non -Economic Base Employer means an employer within an industry sector whose sales are based on the demands of the local population. Sales revenues generated from these employers recycle within the local community, resulting in little net investment or spin-off job creation. Examples of Non -Economic Base Employers include retail and government services. 11 Appendix G-11 Points will be awarded to those applicants with projects that are expected to support the creation/retention of jobs with an Economic Base Employer as follows: Percentage of jobs created/retained with Economic Base Employers Points 75% to 100% 10 50% to 74% 7 25% to 49% 4 Less than 25% 0 C. Community Employment Development Plan (10 Points) Applicants who demonstrate established relationships with local employment and training entities (e.g. One Stop Career Center, Pilot Regional Collaborative under the Regional Workforce Preparation and Economic Development Act, Workforce Investment Board, the Employment Development Department, and others) to link local job seekers with employment opportunities created/retained as a result of the proposed infrastructure project will be awarded ten (10) points. D. Quality of Life/Community Amenities (30 Points Maximum) Points will be awarded to projects that contribute to an improved quality of life, attractiveness, and long-term economic competitiveness for the community. The applicant should demonstrate how the proposed project fulfills a unique or special need, and that the project is part of community revitalization or an economic development plan or strategy. Points will be awarded for the project's overall impact on the community (such impact may be achieved by a single improvement or multiple improvements). Examples of such impact include, but are not limited to, the following: • The proposed project will contribute to public safety, public health or aesthetic improvement to the community. • The proposed project will support or consist of a much -needed civic building such as a library, police substation, educational facility or the Improvement of a public or civic space to promote community revitalization. • The proposed project will support the delivery of needed community services such as day care, senior services, or health care. • The proposed project contributes to a greater use of public transit systems. • The proposed project will contribute to the revitalization and historic preservation of the downtown core or a traditional commercial district. • Other impacts, not listed above, which enhance community quality of life, attractiveness, and long-term economic competitiveness will be eligible for points. II. Community Economic Need (55 Points Maximum) Points will be awarded to applicants with projects located in, or adjacent to and directly affecting, areas with high unemployment rates, low median family income, declining or slow growth in labor force employment, and high poverty rates. Points will be awarded based on the following: 12 Appendix G-I2 A. Unemployment Rate (20 points Maximum) Relationship to Statewide Average Points Above 225% of the statewide average 20 Above 175% of the statewide average 15 Above 125% of the statewide average 10 125% of the statewide average or below 0 The unemployment rate will be based on the Calfornia Employment Development Department's (EDD) most recent annual average for sub -county areas. B. Median Family Income (15 Points Maximum) Relationship to Statewide Average" Points Not more than 60% of the statewide average 15 Not more than 70% of the statewide average 11 Not more than 80% of the statewide average 7 80% of the statewide average or more 0 The median family income will be based on the most recent census data available for cities or applicable Census Designated Places (CDPs). If no city or CDP level data is available, or if the applicant chooses to identify a project benefit area that is smaller than a city or CDP (such as census tract or tracts), smaller geographic areas will be used. C. Change in Labor Force Employment (10 Points Maximum) Change in Labor Force Employment** Points Decline in labor force employment 10 Increases in labor force employment: 0% to 50% of the statewide growth rate 7 51% to 75% of the statewide growth rate 4 More than 75% of the statewide growth rate 0 The change in labor force employment will be based on EDD's most recent annual average rates for sub -county areas compared to the previous year's rate. D. Poverty Rate (10 Points Maximum) Relationship to Statewide Average** Points Above 150% of the statewide average 10 Above 125% of the statewide average 7 Above 110% of the statewide average 4 Below 110% of the statewide average 0 The poverty rate will be based on the most recent census data available for cities or applicable Census Designated Places (CDPs). If no city or CDP level data is available, or if the applicant chooses to identify a project benefit area that is smaller than a city or CDP (such as census tract or tracts), smaller geographic areas will be used. 13 Appendix G-13 To the cadent the applicant has verifiable data oortticsing iith the established atahstical soiree for the above three categories, the applicant may srlxrit same data virtu its appl'tcasan far the a1E06 to review The OMB reserves the right to aooept or reject suit cbarnertalion. III. Land Use, Environmental Protection and Approved Housing Element (40 Points Maximum) A. Land Use (20 Points Maximum) 1. Urban Applicants. According to the State's Environmental Goals and Policy Report - An Urban Strategy for California,' new urban development should be located according to the following three priorities: First Priority: Renew and maintain existing urban areas, both cities and suburbs. Second Priority: Develop vacant and under-utilized land within existing urban and suburban areas and presently served by streets, water, sewer and other public services. Open space, historic buildings, recreational opportunities and the distinct identities of neighborhoods should be preserved. Third Priority: When urban development is necessary outside existing urban and suburban areas, use land that is immediately adjacent. Noncontiguous development would be appropriate when needed to accommodate planned open space, greenbelts, agricultural preservation or new town community development. In accordance with these principles, scoring for land use will be based on the following criteria: Project Conformity with Development Priorities Points First Priority 20 Second Priority 15 Third Priority 10 Meets none of the priorities 0 2. Rural Applicants. Although the Environmental Goals and Policy Report explicitly excludes rural areas in California, the CIEDB believes the principles of the three priorities for urban development described in the report also apply to rural areas of the state. Therefore, if the applicant is located in a rural area,' points will be awarded based on the proposed project's conformity with one of the three following priorities: First Priority: Renew and maintain existing developed rural areas. Second Priority: Develop vacant and under-utilized land within existing developed rural areas and presently served by streets, water, sewer and other public services. I Government Clark Section 63040 re:fires that the criteria established by the CRIB be based an, a r og other things, 'The &de Ezwironm real Goals and Policy Report, or its successor, approved pursuant t to Article 5 (co<nnaring with Section 65041) of Chapter 15 of llvisian 1 of Title 7." This report far when areas of C rlifava is dated 1978, No with report has ever been approved far the rural areas of talifada 2 "Rural Area" nears the defirition of"city" and "comity' ordained in Government Cbde Section 15373.1. 14 Appendix G-I4 Open space, historic buildings, recreational opportunities and the distinct identities of neighborhoods should be preserved. Third Priority: When rural development is necessary outside existing developed rural areas, use land that is immediately adjacent. Noncontiguous development would be appropriate when needed to accommodate planned open space, greenbelts, agricultural preservation or new town community development. Maximum points for applicants from both urban and rural areas will be awarded as follows: Project Conformity with Development Priorities Points First Priority 20 Second Priority 15 Third Priority 10 Meets none of the priorities 0 B. Environmental Protection (10 Points Maximum) Infrastructure projects that support or promote the protection and/or improvement of the environment will be awarded points. Examples may include projects that: • Reduce wastewater, drinking water or air pollution; • Include designs, materials or techniques that will promote energy conservation; • Recycle, reuse, or otherwise reduce water usage compared with conventional techniques, or enhance water quality discharge and/or reduce the volume of discharge; • Encourage recycling or the use of recycled materials and products; • Remediate leading to re -use; • Rehabilitate existing pollution control infrastructure; or • Include other measures, not listed above, which improve or protect the environment. C. Housing Element (10 Points Maximum) Applicants that are cities or counties, or applicants that are located within jurisdictions that have a Department of Housing and Community Development approved General Plan Housing Element will receive ten (10) points. IV. Leverage (15 points Maximum) Leverage equals the total of all private and public funds committed to the project, excluding CIEDB financing, divided by the total of CIEDB financing in the project, and is expressed as a ratio of dollar of leveraged financing to dollar CIEDB financing. For example, a $5 million project that has $2 million of non-CIEDB funding and receives a $3 million loan from the CIEDB would have a leverage ratio of .66:1 ($2 million/$3 million). 15 Appendix G-15 Ratio of other project funding to CIEDB financing Points 1:1 or higher 15 .75:1 to .99:1 12 .50:1 to .74:1 9 .25:1 to .49:1 6 .10:1 to .24:1 3 Less than .10:1 0 V. Readiness (10 Points Maximum) Project readiness will be determined by the number of months between the Bank's approval and scheduled commencement of construction. Construction Commencement Points Under 6 months following CIEDB financing approval 10 6 - 10 months following CIEDB financing approval 7 11 -15 months following CIEDB financing approval 4 16 - 18 months following CIEDB financing approval 0 16 Appendix G-16 CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK INFRASTRUCTURE STATE REVOLVING FUND PROGRAM 3. LEGAL NAME OF APPLICANT PRELIMINARY APPLICATION \PPI.I('. \'I I\FOR\1\TIO\ 4. TYPE OF APPLICANT ❑City ❑JthIFtowasAuthlaty ❑ Redevelopment Agency ❑Comity ❑ Special District ❑ abet (specify): S. MAILING ADDRESS OF APPLICANT (city/coonty/stale/zip code) 7. NAME OF PROJECT f. CONTACT INFORMATION Nate of OOIYHCt perms Title Adda ms (if Ibleptrae: Fax: B�nsil: (;I;\I:R \1. PRO.IEt-I I\FOR\1 \TIO\ S. LOCATION/ADDRESS OF PROJECT SITE (attach asite ni ) 9. TYPE OF INFRASTRUCTURE PROJECT ❑ Qty Street ❑ Drainage and Flood Cloning ❑ Packs and Relaretional Facility ❑ Public Safety Reality ❑ Solid Waste Collection and Disposal ❑ County Ii y ❑ Educational Facility ❑ Putt Facility ❑ Public Ttaosit ❑ State highway ❑ Defare Mission ❑ Eiwir I orxtal MitigationNicest/es ❑ Pov.et or Clornnacatims Facility ❑ Sewage Collection andlieatna+lt ❑ Wata'IIealnPlt and Dist ibmdion 10. Describe protect to be financed. Reviled 12/20/99 1 Appendix G-17 .Pi tIR\I k.i \ 11. REQUESTED LOAN AMOUNT 12. ESTIMATED LOAN TERM yeas 13. ESTIMATED LOAN APPLICATION DATE 14. ESTIMATED PROJECT CONSTRUCTION TIMELINE Start Date: earrpletion Etta IS. TYPE OF LOAN ❑ Tier 1 ❑'Iiea' 2-0 sly available for projects located is. or adjacent to and directly affecting, a cowwrnity experiencing economic distress. 14. ESTIMATED PROJECT COSTS Cott Csteiore a. $ b. $ c. $ d $ e. $ f. $ & $ h. TOTAL $ 17. ESTIMATED PROJECT FUNDING SOURCES/AMOUNTS a CIFTI3 $ b. Applicant $ a City/Gotrty $ d Other State Samos $ e. Fedend $ f. Other (specify): $ g. Other (specify): $ h. TOTAL $ 1S. STATUS OF OTHER PROJECT FUNDING SOURCES (specify name of each proposed funding source and current status) a. b. C. d e. Nome of IQnding Salome Statue; of Ruling puled For ►..cared CI YES ONO ❑YES ❑NO OYES ONO ❑YISS CI NO ❑YES ❑NO ❑YES ❑NO ❑YES ❑NO ❑YES CI NO ❑YES ❑NO ❑YES ❑NO 1f. STATUS OF PROJECT PLANNING Tech ical Feasibility Study Relimnety Design Cbst Analysis Final Design O nstamt tnBids Strbrriltea Completed ❑YES ❑NO ❑YES ❑NO ❑YES ❑NO ❑YES ❑NO ❑YES ❑NO 24. ENVIRONMENTAL IMPACT Fsvi nan®tal Irmact Repot (EIR) Required? 0 YES 0 NO If yes, status of EIR: ❑ Not Started ❑ In Progress ❑ Adopted by Local Goveaing Board SUI lt('1: U1 Ltl.\\ REP :\1'\11i\T :\\I) \I•.I•:1) FOR F1\:\\('I\t; 21. SOURCE OF LOAN REPAYMENT FOR CIEDB LOAN ❑ Water Fsnasprise Rmd ❑ SeaerEnterpase Fund ❑ Other Enterprise Find (specify): ❑ Other (specify): ❑ Redevelopment icy Tax Increment ❑ Gene al Fund Apptopriatim base ❑ Assessment District (watt be pre -approved by CIEDB staff) 12. Describe how the applicant meets the `Need for CIEDB Financing" criteria. Appendix G-18 Revised 12/20/99 2 23. Does the AppBcant have any outstanding debt rated by Moodyr's, Standard &Pons or Fitch IBAfar the lose repayment sa=ee checked in question 21? ❑ YES 0 NO If yes, attach a list describing the following date of debt iss a,.x e a desorption of tie debt; aid rating(s). PI RI.I( i i; i•:FII I\I:uR\I \'I u)\ 24. Describe the public benefits its of the proposed project. 2s. Will soy entity, other than the applicant oranother 9oVennia talenity,useanypafionofthe project otherthanasa meibe<'ofthe general public? (If yes, describe.) 26. Will the proposed project Mate the relocation of a private sector business immune area of the state to maths? (If yes, explain.) VI'l'l.WANT :1.('h\O\N I,I:I)(:I:\II, \T \\I) SItAA'I I aclaiowledge that I have received and tevie'd the OMB's ` Clitaia, Biocides aid aidelins" for the Infrastmcdce Stare Revolving Firm. I anticipate that the project identified in this Prelirdnay Application will oarply with all progamrequirenmts• I hereby catify that I am an authorized reparative clam Applicant, am that I have been authorized by the Applicant to exea1e his Preliminary Applicalim fir ®B financing. AUTHORIZED SIGNATURE PRINT NAME AND TITLE DATE Revised 12/20/99 3 Appendix G-19 CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK INFRASTRUCTURE STATE REVOLVING FUND INSTRUCTIONS FOR PRELIMINARY APPLICATION Sections to be carpleted by the applicant 1. Self-explanatcry. 2. For CIEDBuse only. APPLICANT INFOtMA'IIONJ 3. Provide full, legal name c f applicant 4. Check apprrlaate box. 5. Provide mailing address. 6. Provide mrtact information. GENERAL P'RCUELT INATI(N 7. Provide a descriptive title of the proposed infrastructure project to be financed. . 8. Provide the project locatim in ommion. Attach a site, map of the project m a separate piece of paper. 9. Check the appropriate box(es). 10. Provide a brief desaiption of tie infrastructure project to be financed. SPECIFICPR41BcrI FORMATION 11. Self-explanatory. 12. Indicate estimated loan terrain yeas 13. If your prelirrimty application is approved, indicate the north and year you anticipate submitting a loan application. 14. Indicate the north and year of the estimated project ansn x imtim> line. 15. Qiarlc appropriate box. If applying for Tier 2, review "Chit ia, Priorities, and Guidelines Far The Infrastructure Revolving Firm Proge/I' fir eligibility it mnatioa 16. Identify major project oast categrrsies, and the estimated dollar arrant of east category. 18. Inds the status of each specific fuodgg source, not hennaing CIEEB. Attach additional itfoomhtion, if there ere more than five finding sources. 19. Check the appropriate boxes to indicate the states of Project Planting 20. Self-explaoetc y. SOURCE OF IIIANREPAYNENIT AND NEEDICIRFINANCING 21. Identify the source of repayment fir the proposed financing. If the loan is to be repaid with a grant, cr otter funding source not identified, check "Othee' and specify. Qirect. ®B staff prior to submitting your Prelinirry Application for pre oval of "Other" furling sources 22. Describe how the applicant meets the 'Need k r QEES Financing" criterion. Rehr to "C dteda, Prioritises, and Guidelines For The Infrastructure Revolving Fund Pkogcsni' fir further information an this criterion. 23. Attach requested iofo:netion m a separate Pere rimer. PUBIC BENEFIT INFORMATION 24. Dlsm'be the public benefit the proposed project will provide, including economic develop eat, irgame rents in quality of life and community enmities fir aea residents, enirmnerntaVoonsevatiai benefits, and other public benefits. 25. Desaibe how any entity, other than the applicart or anther governmental entity, will use any portion of the project other than as a member of the general public. 26. Well the proposed project facilitate the relocation of a private sector business firm one aea of the state to antler? If yes, explain APPLICANT ACKNCMUIEIDGEMENT AND SIGNA'I1JRE lb be signed by the militarized rep resertative ride applicant. 17. Identify proposed protect furling soirees and dollar amounts for each filming sa.roe. Revised 12/20/99 4 Appendix G-20 City of National City, California COUNCIL AGENDA STATEMENT April 4, 2000 MEETING DATE AGENDA ITEM NO. _ .. 12 ITEM TITLE TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP USED VEHICLE TENT SALE PREPARED BY Kathleen Trees,, Acting Htfector Building and Safety EXPLANATION DEPARTMENT This is a request from McCune -Chrysler -Plymouth -Jeep to conduct a three day used vehicle tent sale on Lot 2 at the Plaza Bonita Shopping Center, from Friday, April 14 — Sunday, April 16, 2000. The hours of the sale are 9:00 a.m. until 10:00 p.m. Environmental Review Financial Statement X N/A The City has incurred S115.00 in costs in processing the T.U.Y. application through various City Departments. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 ;9: E0; c1A200.DOC 001-3585-1suuu CITY OF NATIONAL CiTY BUILDING & SAFETY 1243 NATIONAL CiTY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & S use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. El FASF f Lj)MMPl FTF (Print or Type): SPONSORING ORGANIZATION(s): �I /p '�6" l - �/` .cC 44,0L) 771 �J % ORGANIZATION ADDRESS: c'`"t 0 NAi'L CIT% N� t ro(.1 c_v►� (A ' I q -0 PHONE: (/ 477 /; 4- Ci ty f State Zip LOCATION OF EVENT PL-A - life DATE(S) REQUESTED FOR EVENT: FROM >1 R I L ( 4 7-14 HOURS OF USE ON DAY OF EVENT: FROM TO AP /I- 1 Chi v A.M./c) (BEGIN SETUP )DA)t`'t TIME(Q /P.M. - (END SETUP) DATE - t TIME A.M.45) (BEGIN TEARDOWN) DATE4- /7 TIME 6 A.M. /P. - 94' - t 7 ( END T�(}1RDOWNI DATE TIME i A. M./Q BRIEF DESCRIPTION OF EVENT:t- 9 / P.M. TO - C-c (A brief summary of the event/may be requested. A summary of the event activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE TH AY OF THE EVENT: K 4<� �tAAc_- - HOW MAY THiS PERSON BE CONTACTED? / `7-- .4 74 SPECIFIC USE REQUEST: r/,4 JUSTIFICATION: r /A REQUEST TO SELL OR SERVF ALCOHOL BEVERAGES: YES[ J NO3.,(J WILL FOOD/ DRINK BE SOLD: YES[ J NON (Note: The City Council will not approve the sale or consumption ofalcoh��ol in City parks in conjunction with any event requiring a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES I NO ( j (If TES,", permit may be required from Fire Department) WAIVER OF FEES REQUESTED: YES [ I NO [ j (If "YES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WiTH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: Al/A- SECURITY CONTROL: PARKING/BARRICADES: AVA EXTERIOR LIGHTING/ELECTRICAL: TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES: EJ F&SF COUP] FTF (Print orType) NAME OF APPLICANT: ADDRESS: lT 34 O N �G f(- SIGNATURE OF APPLICANT: (THIS FORM BECOMES A P. (FOR OFFICE USE ONLY) PERMIT FEES: USE GROUP: BOND: PERMIT EXPIRATION DATE: 3z ymoor/� DATE: RWHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) SPECIFIC STIPULATIONS / COMMENT$: PERMIT NO.: USE CLASS: BUILDING AND SAFETY DEPT. RECEIVED MAR 0 7 I'IP,TIOPL L CITY, CALIF. APPROVALS / STIPULATION$ (Check Where Applicable): PLANNING YES [ ] NO [ ] SEE STIP [ FIRE YES [ I NO [ ] SEE STIP [ ] PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] FINANCE YES [ ] NO [ ] SEE STIP [ ] POLICE YES [ I NO [ ] SEE STIP [ ] PARKS & REC. YES [ ) NO [ ] SEE STIP [ ) ENGINEERING YES [ ] NO [ ] SEE STIP [ ] CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] RISK MANAGER YES [ ] NO [ I SEE STIP [ COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] OTHER YES [ ) NO [ ] SEE STIP ( ] Date WGeI Date Inure Dale bath Date t I Date Inilwl Date Initial Date Initlet Date N al Date Initial Date nya Date CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: 7 DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: McCune Chrysler Plymouth Jeep EVENT: Used Vehicle Tent Sale DATE OF EVENT: April 14-16, 2000 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [../ ] NO [ ] SEE STIP/COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] FINANCE YES [ k] NO [ ] SEE STIP/COMMENTS [ ] SPECIFIC STIPULATIONS/COMMENTS: FIRE (336-4550) 1. Exitways to be maintained in an unobstructed manner at all times. Exitway to be clear of all obstruction for its entire length and width. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants shall not be blocked or obstructed at any time. 5. Fire Department Permit is required. Permit fee is sixty-five dollars ($65.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations, and placement of event on property. 7. Canopies and Tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents and canopies. FINANCE (336-4330) A Buisiness License is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April 4, 2000 AGENDA ITEM NO. 13 (ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT - National City Library — National City Celebrates Literacy d Reading is Fundamental Book Giveaway Kathleen Trees, Acting Director Building and Safety DEPARTMENT This is a request from the National City Library to conduct their annual National City Celebrates Reading and Reading is Fundamental Book Giveaway from 7:00 a.m. to 5:00 p.m. on Saturday, May 13, 2000. The request includes the use of the Library and Community Center Parking lots, the Library and Community Center buildings and the sale of food and drink. A waiver of fees is requested, The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review WA X Financial Statement The City has incurred $212.00 in costs in processing the T.U.P. application through various Csty Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 UU1 J000-'1 JYUU CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE CQMPLFTF (Print or Type): SPONSORING ORGANIZATION(s): Iv c..im o v\a\ C' xl -Pu o t G ORGANIZATION ADDRESS: dJ - I a S1 reel �•.•�^fc..ry Nai-,o✓iuj G+1 Cl-i 91g5 0 PHONE: (c c1) 33ta y350 City Stale Zip LOCATION OF EVENT: l nvny11�AL}i Ce.Atee" € V,In„ r;lx l tuA< J� 1075 j CDvnrn�n,ty CIAtr ; Lb rarj DATE(S) REQUESTED FOR EVENT: FROM Ni'ay 1 3 r a 00o TO 0 " C. (41 011 l 1/41 HOURS OF USE ON DAY OF EVENT: FROM ` l 100 A.M. M. TO `) e+O J IOW / P.M. • (BEGIN SETUP) DATE 55/13 TIME I o'A.M./> ,- — (END SETUP) DATE 311.3 TIME I0°`JA.M.,12414 (BEGIN TEARDOWN,I DATE 5/l3 TIME 3°°,./P.M.-(ENDTEARDOWN)DATE5113 TIME S.co AgidJP.M. BRIEF `DESCRIPTTIION OF EVENT: ark-�I3n a\ C ( Ce g-brCZA.CS [ fierucy c�. G. t1�c>.cL�I', ✓5' bn c?0.me-n IA� 1J:Jok is,VL' -u Wct� ` (A brief summary of the event/ may be requested. A sumr )y of the event activity maybe attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: 0,1E_ Ca..rnpiakI HOW MAY THIS PERSON BE CONTACTED? E.xt• '- 3Co4-1 SPECIFIC USE REQUEST: JUSTIFICATION: I : be -Ile -Fri L-, I191'a✓� e1 ac err; u S REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ I NOV] — WILL FOOD/ DRINK BE SOLD: YES (] NO[ I (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES [)(} NO [ ] (If "YES,", permit may be required from Fire Department) WAIVER OF FEES REQUESTED: YES [ )/] NO [ ] (If "YES,' complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: SECURITY CONTROL: PARKING/BARRICADES: NO V(rRk1 No- I-fi rr, ('A, e“wss era('') iy,JP, A EXTERIOR LIGHTING/ELECTRICAL: 4 aec:l l;c.x- 1 K..10 I TRASH DISPOSAUSITE CLEAN-UP AFTER EVENT: IL) 1( Ace. C'Xk co, ✓a.c (1 CcaviiS SANITARY FACILITIES: vr1 �l �.� . t e ie. r fe. - .[sec ues-►. '1 ?�7/ -"Pc, 10.(IQ c\ teM 'jfi GvQS -� i v�'.. .I �, a-,. :., i0 vX bcxr ✓ic .••, (.)r• C.-i., \ j PLEASE COMPLETE (Pont or Type) NAME OF APPLICANT: 11 NI ✓1 C'_. L, d car, C„I ADDRESS: O [ a > tuck- I ^u l C1 TIC•PHONE: X Le 3C°t� � SIGNATURE OF APPLICANT: � -- � �—� — DATE: � H Gu (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO • USE GROUP: USE CLASS BOND: PERMIT EXPIRATION DATE SPECIFIC STIPULATIONS /COMMENTS: BUILDING AND SAFETY DEFT. RECEIVED FEB 1 4 2D NATIONAL CITY, CALIF. S I STIPULATION Check(Where Applicable): STIPULATION Initial Initial In tia InaaI Initial YS PLANNING YES [NJ] NO [ ] SEE STIP [ ] FIRE YES [v1] NO [ ] SEE STIP [ PUBLIC WORKS YES [ I/ ] NO [ ) SEE STIP [ ] FINANCE YES [‘_./ NO [ ] SEE STIP [✓] POLICE YES [ V j NO [ ) SEE STIP [ PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] ENGINEERING YES [ ] NO [ ] SEE STIP [ ] CITY ATTORNEY YES [ ✓] NO [ ] SEE STIP [ ] RISK MANAGER YES [ / ] NO [ ] SEE STIP [ ] COMMUNITY DEVELOP. YES [ ) NO [ ) SEE STIP [ ] OTHER Health Dept. YES [ ] NO [ ] SEE STIP [ Date Da Date W Date Date `"i CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ I WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: 7 DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: National City Public Library DATES OF ACTIVITY: Saturday, May 13, 2000 LOCATION OF ACTIVITY: 200 East 12th Street Community Center and Library Parking Lot TIME: 7:00 a.m. to 5:00 p.m. APPROVALS: POLICE RISK MANAGER CITY ATTORNEY PLANNING FIRE FINANCE HEALTH DEPARTMENT PUBLIC WORKS SPECIFIC STIPULATIONS: FIRE (336-4550) YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ I SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS SEE SIP/COMMENTS 1. Fire Department access to be maintained at all times to all structures and access points. 2. Fire protection equipment (fire hydrants, fire department connections) shall not be blocked or obstructed at any time. 3. Fire Department Permit shall be required for the use of a tent the size of two hundred (200) square feet and or canopies of four hundred (400) square feet or multiple canopies equaling four hundred (400) square feet in area. 4. 2A:10BC fire extinguishers required. To be located not to exceed (75) feet travel distance from any point within celebration. 5. Plans required to show layout of all tables, booths, canopies, and or tents, Fire Department access, and fire lanes, etc. 6. All canopies and tents to be flame retardant. They must have the State Fire Marshal seal of approval attached. 7. A Fire Safety Inspection to be conducted by the Fire Department personnel prior to opening to the public. FINANCE (336-4330) A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise are sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered for not -for -profit there will be no charge for their Business License. A list of all participating vendors (with their address, phone number and current National City Business License number) is to be submitted to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business numbers. HEALTH DEPARTMENT (338-2222) All food vendors must submit a Temporary Food Event Permit. City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER R.EOUEST SUPPLEMENTAL OUESTIONNMRE City Council Policy No. 704 contains the criteria for granting waivers of T.U.P. processing fees by the City Council. This Supplemental Questionnaire will be used to evaluate whether the event or sponsoring organization for a T.U.P. meet the criteria for a fee waiver. Accordingly, please answer all questions fully and completely. City Council Policy No, 704 The City Council shall waive T.U.P. processing fees only in the case of anon -profit organization, and when such organization can demonstrate that the event for which the T.U.P. is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P. is requested result in: ]. direct financial benefit to an individual who resides or is employed in the city, and who is in dire financial need due to health reasons or a death in the family; or 2. direct financial benefit to city government such as the generation of sales tax; or 3. direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club; or 4. direct financial benefit to an organization which has been the direct recipient of City or Community Development Block Grant (CDBG) funding. PLEASE FULLY AND COMPLETELKINSWER THE FOLLOWING: I. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? v YES (If YES, please proceed to Question No. 4) NO (If NO, please sign the bottom of this form and submit this form with the T.U.P. Application to the Building & Safety Department) 2. If the answer to Question No. I was YES, please state the name and type of organization sponsoring the event for which the T.U.P. is sought and then proceed to Question No. 3. Name of Sponsoring Organization ��{ O t& L _I,ti GJ Type of Organization (Service Club, Church, Social Service �� Agency, etc.) /'� �! cie ✓l C. 3. Will the event generate net income or proceeds to the sponsoring organization? YES (If YES, please proceed to Question No. 4) LorcuAl NO (If NO, please sign the bottom of this form and submit the with the T.0 P. Application to the Building & Safety Department) If the answer to Question 3 is YES, will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? YES (If YES, please provide explanation and details in space provided / below) v NO (If NO, please proceed to Question No. 5) If YES, please explain who is to benefit from the proceeds and the general nature of the financial hardship: 5. Will the event provide a direct financial benefit to city government such as the generation of sales tax? YES (If YES, please provide explanation and details in space provided below) / v NO (If NO, please proceed to Question No. 6) If YES, please explain how the direct financial benefit to the city will occur: 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? YES (If YES, please provide explanation and details in space provided below) NO (If NO, please proceed to Question No. 7) If YES, please explain the organizations that are to benefit from the proceeds of the event and how the proceeds will be used by those organizations. SC«00 I a rC l'U'.�laT� 2 7. Will the proceeds provide a direct financial benefit to an organization which has been the direct recipient of City of Community Development Block Grant (CDBG) fundin 7 YES (If YES, please provide explanation and details in space provided below) NO (If NO, please sign the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) If YES, please state the year the City of Community Develop Block Grant (CDBG) funds were received and how those funds were used: Year funds were received. Funds were used to � .n'�S.A d r� S , �-z --SIGNATURE 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGRtEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization fVO..+ic -I C\ 'f u to Lt bCcc..rcl A11 Ca-m A b e l l Address oZOO E . I S reert , AlCehofla' c 1 q SO Telphone 33(0 -y350 Date(s) of use N+CLy 13 gOaDO Person in charge of activity HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee or permitee's agents, employees or contractors. C� Signature of App �C _ City b a1l,i 00 (For Office Use Only) Official Title Date Certificate of Insurance approved 198712