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HomeMy WebLinkAbout2000 06-06 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, JUNE 6, 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 ADJOURNED REGULAR MEETING OF APRIL 27Th 2000, AND APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF MAY 16, 2000 AND MAY 24, 2000. COUNCIL AGENDA 6/6/00 Page 2 PROCLAMATION Proclaiming June 19 - 22, 2000 to be: "AFFORDABLE HOUSING WEEK" INTERVIEWS/APPOINTMENTS Library Board of Trustees - Reappointment PUBLIC HEARING 1. To consider sale of property purchased with redevelopment funds located on the northeast corner of 9w Street and "A" Avenue (827 East "A" Avenue). (Community Development Commission) 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. 2. Resolution No. 2000-63 Resolution of the City Council of the City of National City dispensing with the bidding process and authorizing the Purchasing Agent to issue a purchase order for a Jey 616 Whisper Chipper. (Purchasing) 3. Resolution No. 2000-64 Resolution of the City Council of the City of National City accepting a proposal from Southport Travel Center and authorizing award of RFP #GS9900-7 for the provision of travel agent services. (Purchasing) COUNCIL AGENDA 6/6/00 Page 3 CONSENT CALENDAR (Cont.) 4. WARRANT REGISTER #47(Finance) Ratification of Demands in the amount of $749,621.24. 5. WARRANT REGISTER $48 (Finance) Ratification of Demands in the amount of $1,030,283.39. 6. Consolidated Cash and Investment Report as of April 30, 2000. (Finance) 7. Claim for Damages: John Chavez (City Clerk) 8. Street Tree Committee Meeting (Parks & Recreation) NON CONSENT RESOLUTIONS 9. Resolution No. 2000-65 Resolution of the City Council of the City of National City approving the sale of real property purchased with redevelopment funds located on the northeast corner of 9' Street and "A" Avenue. (827 East "A" Avenue) (Community Development Commission) 10. Resolution No. 2000-66 Resolution of the City Council of the City of National City approving the refuse rate recommendations for Fiscal Year 2001. (Public Works) COUNCIL AGENDA 6/6/00 Page 4 ORDINANCE FOR INTRODUCTION 11. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by adding Chapter 10.21 and Sections 10.21.010 through 10.21.070, all pertaining to restricting possession of Clonazepam. (City Attorney) OLD BUSINESS 12. Proposal for a fiscal impact analysis for the annexation of Lincoln Acres. **Continued from May 24, 2000** (Planning) WRITTEN COMMUNICATIONS 13. Request for use of portable stage by Granger Junior High. (Parks & Recreation) NEW BUSINESS 14. Temporary Use Permit - McCune -Chrysler -Plymouth -Jeep Used Vehicle Tent Sale. (Building & Safety) 15. Temporary Use Permit - Lions Club - 4' of July Celebration. (Building & Safety) —* CITY MANAGER - CITY ATTORNEY COUNCIL AGENDA 6/6/00 Page 5 NEW BUSINESS (Cont.) ---> OTHER STAFF --> 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 Adjourned Regular Meeting - City Council Finance Committee - Review of 2000-01 Preliminary Budget - June 9, 2000 at 9:00 A.M.- Large Conference Room, Civic Center. Next Regular City Council Meeting - June 13, 2000 - 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 lig of National Oli#g j1rnrtamatiun WHEREAS, Affordable housing is of vital importance to the health and well-being of the residents of National City; and WHEREAS, Safe, decent, affordable housing is a basic necessity of life for all residents of National City; and WHEREAS, Over 36 percent of working family households are paying more than 50 percent of their incomes for housing; and WHEREAS, Creating and supporting affordable housing and revitalizing neighborhoods contributes to the quality of life in National City; and WHEREAS, Nonprofit and for profit developers are key to building affordable housing; and WHEREAS, The City of National City supports all positive efforts to create affordable housing for low income and working families; and WHEREAS, The Nonprofit Federation for Housing and Community Development (NPF) have planned a schedule of activities during the week of June 19-22 which will recognize the many groups and people who labor tirelessly to improve the quality of life for low income and working people. NOW, THEREFORE, I, GEORGE H WATERS, Mayor of the City of National City, do hereby proclaim June 19 - 22, 2000 to be: "AFFORDABLE HOUSING WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 6th day of June, 2000. A.-14. I44 Gt/rr.LL George H. Waters, Mayor Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MAY 24, 2000 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: LIBRARY BOARD OF TRUSTEES Please be advised that Lily Martin's term on the Library Board of Trustees will be expiring on June 30, 2000. Ms. Martin has served three terms on the Library Board of Trustees and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Martin to the Library Board for a term ending June 30, 2003. This item will be placed on the Council Agenda for the meeting of June 6, 2000. GOR GEE OR E H. WATERS Mayor GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It 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 .y . Name: NI 1 V Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees V Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee tl" r0. deZ Birth Date O .-02 8-- (Last) (First) , r (Optional) Home Address: 02 0� I Mel o Se. S r'e. f N D,A i O tn.o_( Cr BA 91950 Telephone: Residence ( (D 1 - a (o 7 - 89 ( ) Business/Work ( 6.19 - 33ro - $6,28) NUMBER OF YEARS YOU HAVE LIVED IN: �/ CALIFORNIA?f� rs, yrs.SAN DIEGO COUNTY? 4d': /a yr s . NATIONAL CITY? 3 / /z- ye 5 ARE YOU A REGISTERED VOTER: YES / NO ti: Yw vF F:J .CryF.i�i{p.':i:!rv;:i':;i::in-0Fi �.ii��i:IX�\vitiviC: :'rt�ix•-v-i;v:iuvi: i.U::: iiYy-rcOvs; v:..: vnx.. t.:.v.:i: ii 4:.t...: ):�..:...:.: {k v.Z er,.:: � .coGo.:::::::..:::.: z:::;;:::``;:�::`°<:> :.t..,'?8.:. .K.y...c.�Y::'q:) r'4:'.y. '�i.A�......:�.#`...1....:.........:::..:..t:iii?4..::......nia:: i::.iiR::`..... i.r...:-:u,�i::::3'r,..::iiii;�:ci.:��:>::✓�x`Y .::.:.xic:'�ca�.:.. A�'��3iG-lt"ii�`:.iroi2Y Colleges attended and degrees held, if A any: Sou. W �SA-tr � Co tl e.�e — A A Oc c 1 ro to s S Saw j),t,9m Stokt. Uw:�r ;{� _ BA* MA Edwco.i-:aw) LtS ltfosf3eixd. Related Professional or Civic, Experience: SG41oot -(�,ac �•r - 00.T: ov,ak (;(t:w. Sc.Leo [ p , St'r;ek — LS S.; e.• C;v11 S ttViCt. eOw‘ s_stOfn j bcar Ark o� ?ru.sfte s PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: [vitmn...ipef • f r•iev4.s o1;- ktt.. (v• C• Kwb[:c bcaul V j c� DATE: J6- 19 - 0 0 YOUR SIGNATURE RETURN COMPLETED FORM TO: t6 «C'. L'[,rar+y , J of errrusi,€.4ei THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 MEETING DATE June 6, 2000 City of National City, California COUNCIL AGENDA STATEMENT *Refer to Item #9 AGENDA ITEM NO. 1 (-ITEM TITLE PUBLIC HFARLN TO CONSIDER SALE OF PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE NORTHEAST CORNER OF 9T" STREET AND "A" AVENUE (827 EAST "A" AVENUE) PREPARED BY EXPLANATION Paul Desrochers, Executive Director DEPARTMENT CDC A Public Hearing is required prior to the establishment of a fair market value purchase price for the sale of land by the CDC. This is to comply with the requirements of the California Community Redevelopment Law, Health & Safety Code, and Section 33433. This law also requires a Summary Report Pertaining to the Sale of Real Property (attached) relative to sale price. The report must be available for the public to review prior to a Public Hearing. Notice of the review and hearing must be published in accordance with government code requirements. These requirements have been met. This is the time and place for the Public Hearing. Please see attached Explanation for a summary of details regarding the Disposition and Development Agreement proposed between the CDC and Wakeland Housing. Environmental Review X N/A Financial Statement The CDC will convey the Site to the Developer for a nominal purchase price of $1.00 and provide additional funding in an amount not to exceed $455,300 to be provided as follows: (a) a pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit; (b) A subsidy contribution in the amount of $384,000 to be repaid to the CDC if gross sales proceeds for the project exceed $930,000 or $155,000 per unit. STAFF RECOMMENDATION Conduct Public Hearing and consider any public comment. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Notice of Public Hearing 2. Summary Report Pertaining to the Sale of Property 3. Estimae of Re -Use Value Report Resolution No. A-200 (9/80) EXPLANATION TO JUNE 6, 2000 CITY COUNCIL A-200 Under the terms of the DDA, the Commission is responsible for the following: 1. The Commission will convey the Site to the Developer for a nominal purchase price of $1.00. 2. The Commission shall provide silent second mortgages of up to $15,000 to qualified First - Time Homebuyers of the two affordable units if the units are not sold within 30 days after the completion of construction. 3. The Commission shall make available to all buyers the Commission's Closing Cost/Downpayment Assistance Program. 4. The Commission shall provide a financial contribution to the project in an amount not to exceed $455,300 to be provided as follows: (a) A pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit. (b) A subsidy contribution in the amount of $384,000. Disbursement of these funds shall occur prior to the disbursement of the conventional construction loan. The DDA imposes the following responsibilities on the Developer: 1. The Developer shall secure at its expense any and all land use and other entitlements, permits, and approvals which may be required by the City or any other governmental agency. 2. The Developer shall be responsible for all off -site work other than the movement of utility lines and power poles, up to a maximum of $113,505. 3. The Developer will construct six three-story live/work housing units, each with an attached one -car garage on the first floor and one additional tandem space on -site (refer to rendition attached to this "explanation"). 4. Upon the completion of sale of all units, the Developer shall pay the Commission an Additional Purchase Price equal to all gross sales proceeds in excess of $930,000. 5. The Developer shall obtain a conventional loan from a lending institution in the approximate amount of $744,000. 6. The Developer shall defer its Developer Fee of approximately $118,000 as follows: $12,175 payable upon closing of the DDA; $7,175 payable per month for each of the next seven months; followed by $5,300 payable per month for the next two (2) months; with the remaining balance of $45,000 paid following the sale of the last unit and after all loans are discharged, including the Commission's predevelopment loan. 7. The Developer will defer payment of brokerage fees estimated at approximately $69,750 until unit sales. 8. The Developer will sell no less than two units to qualified low or moderate -income households. Households earning low or moderate incomes can afford to pay up to $195,000 for a home, $40,000 more than the projected sales prices for the proposed Project. On this basis, then, the sales price restriction is not anticipated to reduce the achievable market prices for the two affordable units. However, the restriction also limits the household income of buyers. Buyers for these two units can -eam a maximum income of $64,450 (2000 figure for a household size of four). CERTIFICATE OF PUBLICATION Angelica Macias City of National City Community Development Commission 140 E. 12th Street, Suite B National City, CA 91950 IN THE MATTER OF 827 A Avenue ANOTiCE.OF iN18LIC,ilEARINO. 9 i • NOTICE,IS HEREBY GIVEN ihatilickCity • Co rota tt Cityclifat National tIald a public„heatng after the hour°9fJ 3 00, p.m' "„Tuesday. June 0 2000 ,in hhe City Council Chamben,Crvic;"$eMer 243 'National City. Boulevard„Nauonal City:e TAPRI�A1A -RI1B MENT. • OFFTN�E .isAFero CODE,E ARDING,THE PRO SED- TERMS AFID Difitoy55�.FTHE, SALE F LANDspROPOSE ` NdA1 DISP SITIONtAND"DEVELOPMENT AGREEMENT�FOR REAL' PROPERTY. :CORNli O TH NO.,RT EASY ;.�1. � r CONSISTING SO" APPROXIMATELY 11.50p.SO.FT., IS,r r ^ PROPOSED TOw BE SOLD. -,to NAKEL�;ID` HOUSING AND" DEVELOP ENT CORPORATION�OFN >: SAN''DIEbO, CAWFORNIAP FOR"THE CONSTRICTION OF SIX TNfREE.STORY . , :. of'the ReportPertain ng to Slifka( Rea Prap@pyandthatTermsan, CorcsonsaiaDis oshdiandDevpbprnej Agreementpn r9Tttawau lh9,911mr ". oftlge,,110 E.12m' Str et, Suite D Nat&ar `City, Callfonsa, 91950. Anyone interested';. hags matt rmay4PPear'att e.ebpre litre and place'and be heard '"" v If you dreaenpa thenatum•of:the Proposed action M Sou,t, you mayabie limited to only hose issues you or someone•. ,orthe City of a ohai or prior tome public hearing, ': DATED: 'May 23 2000 MichalttP. Oath ,: .; ckior Pub. Mao y'23,30-e1 I9275af NO. I, Lou Sto. Domingo, am a citizen of the United States and a of the county aforesaid; I am over the age of eighteen years, and not party to or interested in the above entitled matter. I am the principal clerk of the San Diego Daily Transcript, a newspaper of general circulation, printed and published daily, except Saturdays and Sundays, in the City of San Diego, County of San Diego and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 23, 1909, Decree No. 14894; and the NOTICE OF PUBLIC HEARING is a true and correct copy of which the annexed is a printed copy and was published in said newspaper on the following date(s), to wit: MAY 23, 30 I certify under penalty of perjury that the foregoing is true and correct. Dated at San Diego, California this 3o day of f0t/ rr' (Signature) U Attachment No. 1 I ''`WllliLA.-Ils'k• .4 :0 '.? t422 .1, .Y., .... d 1dIft A...4.10 t... t SUMMARY REPORT PERTAINING TO THE SALE OF REAL PROPERTY 9th STREET & A AVENUE LIVENVORK HOUSING PROJECT (California Community Redevelopment Law Section 33433) PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT Between: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY And: WAKELAND HOUSING AND DEVELOPMENT CORPORATON Prepared by: KEYSER MARSTON ASSOCIATES, INC. For: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Date: May 30, 2000 Attachment No. 2 SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY 9th STREET & A AVENUE LIVE/WORK HOUSING PROJECT I. INTRODUCTION The Community Development Commission of the City of National City, California (Commission) is considering the sale of the real property to Wakeland Housing and Development Corporation (Developer) pursuant to a Disposition and Development Agreement (DDA) between the Commission and the Developer. The property affected by the DDA consists of 11,500 SF located at the northeast corner of 9th Street and A Avenue (Site) in downtown National City. This Summary Report is prepared in accordance with Section 33433 of the California Community Redevelopment Law. It consists of six additional sections, as follows: • Section II, Description of the Proposed Project. • Section III, Estimated Cost to be Incurred by the Commission under the Proposed Agreement. • Section IV, Estimated Value of the Site at the Highest and Best Use Permitted. • Section V, Estimated Fair Re -Use Value of the Interest to be Conveyed. • Section VI, Purchase Price the Developer will be Required to Pay. • Section VII, Explanation of Why Sale of the Property will Assist in Elimination of Blight. It should be noted that figures presented in this report have been rounded to the nearest thousand. Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 2 II. DESCRIPTION OF THE PROPOSED PROJECT A. Proposed Transaction The Commission proposes to sell the 11,500-SF Site to the Developer for the purpose of constructing six three-story live/work rowhome units totaling approximately 11,920 SF. Each unit will contain approximately 1,600 SF. of livable space and a private one -car garage on the first floor and one additional tandem space on -site. The proposed DDA governs the relationship between the Commission and the Developer with respect to the proposed development of the Site, the schedule of performance, and the method of financing. Key terms of the DDA are summarized below. B. Commission Responsibilities Under the terms of the DDA, the Commission is responsible for the following: 1. The Commission will convey the Site to the Developer for a nominal purchase price of $1.00. 2. The Commission shall pay for the cost of civil engineering, testing, inspections, and minor fees directly related to obtaining City approval. 3. The Commission will fund environmental remediation costs in an amount not to exceed $10,000. 4. The Commission shall provide silent second mortgages of up to $15,000 to qualified First - Time Homebuyers of the two affordable units if the units are not sold within 30 days after the completion of construction. 5. The Commission shall make available to all buyers the Commission's Closing Cost/ Downpayment Assistance Program. 6. The Commission shall provide a financial contribution to the project in an amount not to exceed $455,300 to be provided as follows: (a) A pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit. (b) A subsidy contribution in the amount of $384,000. Disbursement of these funds shall occur prior to the disbursement of the conventional construction loan. Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project C. Developer Responsibilities The DDA imposes the following responsibilities on the Developer: May 30, 2000 Page 3 1. The Developer shall secure at its expense any and all land use and other entitlements, permits, and approvals which may be required by the City or any other governmental agency. 2. The Developer shall be responsible for all off -site work, other than the movement of utility lines and power poles, up to a maximum cost of $113,505. 3. The Developer will construct six three-story live/work housing units, each with an attached one -car garage on the first floor and one additional tandem space on -site. 4. Upon the completion of sale of all units, the Developer shall pay the Commission an Additional Purchase Price equal to all gross sales proceeds in excess of $930,000. 5. The Developer shall obtain a conventional loan from a lending institution in the approximate amount of $744,000. 6. The Developer shall defer its Developer Fee of approximately $118,000 as follows: $12,175 payable upon closing of the DDA; $7,175 payable per month for each of the next seven months; followed by $5,300 payable per month for the next two (2) months; with the remaining balance of $45,000 paid following the sale of the last unit and after all loans are discharged, including the Commission's predevelopment loan. 7. The Developer will defer payment of brokerage fees estimated at approximately $69,750 until unit sales. 8. The Developer will sell no less than two units to qualified low or moderate -income households. Households earning low or moderate incomes can afford to pay up to $195,000 for a home, $40,000 more than the projected sales prices for the proposed Project. On this basis, then, the sales price restriction is not anticipated to reduce the achievable market prices for the two affordable units. However, the restriction also limits the household income of buyers. Buyers for these two units can earn a maximum income of $64,450 (2000 figure for a household size of four). Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 4 III. ESTIMATED COST TO BE INCURRED BY THE COMMISSION UNDER THE PROPOSED AGREEMENT The estimated costs to the Commission of the proposed Agreement include acquisition and demolition, consultant and administrative costs, the Commission's contribution toward construction funding, and other Commission contributions toward the Project. These costs have been estimated as follows:1 Acquisition and Demolition Acquisition $215,000 Closing Costs $7,000 Demolition $17.000 Total Acquisition and Demolition $239,000 Consultants Phase I $3,000 Geotechnical $5,000 Engineering/Surveying $52,000 Soils Vapor Analysis $6.000 Total Consultants $66,000 Administrative City Administration $10,000 Legal Counsel $5,000 Financial Consultant $25,000 Total Administrative $40,000 Construction Funding Commission Predevelopment Loan Commission Subsidy Contribution Total Construction Funding Other Contributions Environmental Remediation Off -Site Utility Improvements Silent Second Mortgages Total Other Contributions Subtotal, Commission Costs (Less) Developer Repayment of Predevelopment Loan $71,300 $384,000 $455,300 $10,000 $25,000 $30,000 $65,000 $865,300 ($71,300) Net Commission Costs $794,000 1 Source: Community Development Commission of the City of National City Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 5 IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE PERMITTED This section presents an analysis of the fair market value of the Site at the highest and best use of the properties. The purpose is to estimate the maximum compensation that the Commission could achieve if it were to offer the subject property or development right on the open market. In appraisal terminology, the highest and best use is that use of the property that generates the highest property value and is physically possible, financially feasible, and legally permitted. The estimation of fair market value at highest and best use does not consider the redevelopment goals of the Commission nor the substantial Commission financial assistance proposed as part of the subject transaction. KMA has separately submitted to the Commission an analysis of the fair market value of the Site at its highest and best use. The KMA analysis considered the current Site zoning for general commercial uses (CG-PD). KMA analyzed comparable land sales in the South County marketplace for these uses and considered the relative market position of the Site with respect to competing locations. On this basis, KMA estimated the fair market value of the subject, at its highest and best use, to be $11 per SF, or $126,500. Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 6 ESTIMATED FAIR RE -USE VALUE OF THE INTEREST TO BE CONVEYED This section presents an analysis of the fair re -use value of the interest to be conveyed to the Developer subject to the conditions, covenants, and restrictions contained in the proposed DDA. In estimating the fair re -use value of the Site, KMA has reviewed the requirements that set specific conditions with respect to scope of development, the schedule of performance, and method of financing. KMA has separately reported to the Commission that the fair re -use valuation of the Site for development of six live/work rowhomes is negative $384,000. This conclusion is based on the residual land value approach, rather than the comparison sales approach, due to the following pertinent conditions of the subject transaction: • Type of development. The density, design quality, and rowhome character of the proposed Project distinguish the subject development from conventional suburban developments. • Project location. The Project is situated in a pioneering location. The marketability of high - density new rowhome housing in this location is untested. • Income restrictions. The proposed Project will be subject to income and sale price restrictions pertaining to the sale of two of the proposed six units. The indicated fair re -use value of negative $384,000 equates to negative $33 per SF of land area. Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 7 VI. PURCHASE PRICE THE DEVELOPER WILL BE REQUIRED TO PAY Under California Community Redevelopment Law, the Commission is obligated to publicly disclose information sufficient for a comparison of the purchase price contained in the proposed DDA with the estimated fair re -use value. In order to facilitate such a comparison, KMA has separately evaluated the financial terms contained in the proposed DDA. The Developer will purchase the Site from the Commission for a nominal purchase price of $1.00. Upon the completion of sale of all units, the Developer shall pay the Commission all gross sales proceeds in excess of $930,000. The payment of gross sales proceeds in excess of $930,000 by the Developer is contingent on the increases in the values of the proposed homes as compared with the current financial pro forma for the Project. This variable is outside the control of the Commission. On this basis, then, KMA conservatively estimates zero compensation to the Commission from the Additional Purchase Price provision of the DDA. Document 20063; ndh 16104.001.001 Summary Report — Section 33433 9th Street & A Avenue Live/Work Housing Project May 30, 2000 Page 8 VII. EXPLANATION OF WHY SALE OF THE PROPERTY WILL ASSIST IN ELIMINATION OF BLIGHT A Site is located within the National City Redevelopment Project Area (Project Area), which is characterized by numerous blighting factors. The Commission has experienced much success in its redevelopment efforts, resulting in the alleviation of blighting conditions throughout the Project Area. However, blighting factors are still in evidence, including the conditions noted below, all of which pertain to the subject Site: • Areas which are stagnant or improperly utilized, and which the planning, redesign, or redevelopment could not be accomplished by private enterprises acting alone, without public participation. • The subdividing and sale of lots of irregular form and shape, and inadequate size for proper usefulness and development. • The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action. Implementation of the proposed Project can be expected to assist in further alleviation of blighting conditions through the following: • Elimination of conditions of incompatible land uses and under-utilized property. • Implementation of design and use standards to assure high aesthetic and environmental quality. • Increases the supply and mix of housing stock available to community residents. Document 20063; ndh 16104.001.001 KEYSER MARSTON ASSOCIATES INC. 1660 HOTEL CIRCLE NORTH SUITE 716 SAN DIEGO, CALIFORNIA 92108 PHONE: 619 / 718-9500 FAX: 619 / 718-9508 E-MAIL: KMASDQKMAINC.COM WEB SITE: HTTP://WWW.KMAINC.COM To: MEMORANDUM Paul Desrochers, Executive Director Community Development Commission of the City of National City From: KEYSER MARSTON ASSOCIATES, INC. Date: May 30, 2000 Subject: 9th Street & A Avenue Live/Work Housing Project — Estimate of Re -Use Value A. Introduction ADVISORS IN: REAL ESTATE REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT FISCAL IMPACT INFRASTRUCTURE FINANCE VALUATION AND LITIGATION SUPPORT SAN DIEGO GERALD M. TRIMBLE ROBERT J. WETMORE PAUL C. MARRA SAN FRANCISCO A. JERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DENISE E. CONLEY DEBBIE M. KERN MARTHA N. PACKARD LOS ANGELES CALVIN E. HOLLIS, II KATHLEEN H. HEAD TAMES A. RABE Keyser Marston Associates, Inc. (KMA) was requested to review the proposed transaction outlined in the draft Disposition and Development Agreement (DDA) dated May 5, 2000 between the Community Development Commission of the City of National City (Commission) and Wakeland Housing and Development Corporation (Developer). The Developer intends to develop six new live/work rowhomes (Project) in downtown National City. The subject site is an 11,500-square-foot (SF) property located at the northeast corner of 9th Street and A Avenue (Site). B. Summary of Findings KMA's principal conclusions are summarized as follows: • The estimated fair re -use value of the interest to be conveyed is negative $384,000. • The estimated value of the compensation to be received by the Agency is $1.00. • The estimated fair market value of the Site at its highest and best use is $126,500. Attachment No. 3 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 2 C. Background on Proposed Project National City The subject Site is located in the downtown district of the City of National City within the National City Redevelopment Project Area. Downtown National City consists of commercial businesses located near the intersection of 8th Street and National City Boulevard, with the major uses currently situated in the downtown being the Radisson Suites Hotel and the Holiday Inn. The Commission continues its efforts to revitalize downtown National City with projects such as the National City Education Village. The Education Village is proposed for the two blocks bounded by National City Boulevard on the east, Roosevelt Street on the west, 8th Street on the north, and Plaza Boulevard on the south. The 3.3-acre site is planned to feature 100,000 SF of classroom, laboratories, and support facilities for Southwestern College, San Diego State University, University of California San Diego Extension, and the San Diego County Office of Education. Site Description The subject Site consists of a 11,500-SF parcel on a block bounded by A Avenue to the west, 9th Street to the south, 8th Street to the north, and B Avenue to the east. The Site is unimproved, cleared, and relatively level. Existing land uses on the balance of the block include the Big Ben grocery market to the north, surface parking to the east, and a gift shop/auction services outlet to the northeast. Land uses surrounding the Site include the Union Bank and parking lot to the west, the Blossom -Steele House to the south, and the historic Brick Row to the southwest. Located at the southwest corner of 9th Street and A Avenue, Brick Row features a collection of ten individually owned Victorian rowhomes. The Radisson Suites high-rise hotel is located one block west of the Site on National City Boulevard and 8th Street. The Site is well located regionally. Interstate 5 and the San Diego Trolley South Line are located four and six blocks to the west, respectively. Proposed Development Table 1 describes the physical characteristics of the proposed Project. As shown in Attachment No. 5 to the draft DDA, the Developer's scope of work includes construction of six three-story live/work rowhome units totaling approximately 11,920 SF. Each unit will contain approximately 1,600 SF of livable space and a private one -car garage on the first floor and one additional tandem space on -site. Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 3 D. Proposed Transaction Terms Background The Commission purchased the Site in 1995 for $215,000 and demolished the existing uses on the Site. Since acquiring the Site, the Commission negotiated with five different developers for development of a live/work project on the Site compatible with Brick Row and other Victorian —style housing in the area. After negotiations with the other developers proved unsuccessful, the Developer was selected to develop the proposed Project. Basic Terms of the DDA Based on a review of the draft DDA, supplemented by discussions with Commission staff and the Developer, it is KMA's understanding that the transaction between the Commission and the Developer will involve the following key parameters: • The Commission will convey the Site to the Developer for a nominal purchase price of $1.00. • The Developer shall secure at its expense any and all land use and other entitlements, permits, and approvals which may be required by the City or any other governmental agency. • The Developer shall be responsible for all off -site work, other than the movement of utility lines and power poles, up to a maximum cost of $113,505. • The Commission will fund environmental remediation costs in an amount not to exceed $10,000. • The Developer will construct six three-story live/work housing units, each with an attached one -car garage on the first floor and one additional tandem space on -site. • Upon the completion and sale of all units, the Developer shall pay the Commission an Additional Purchase Price equal to all gross sales proceeds in excess of $930,000. Affordable Housing Provisions • The Developer will sell no less than two units to qualified low or moderate income households. Each affordable unit shall remain restricted for a period of not less than 30 years from the date of initial sale escrow. The resale of an affordable unit for a higher amount during the 30-year restriction period may occur, provided that a proportion of the amount in excess of what would be Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 4 permissible if the buyer had been a moderate income family of four is returned to the Commission's Low/Moderate Income Housing Set -Aside Fund. Any subsequent sales by an owner -occupant shall be treated similarly. • The Commission shall provide silent second mortgages of up to $15,000 to qualified First - Time Homebuyers of the two affordable units, if the units are not sold within 30 days after the completion of construction. • The Commission shall make available to all buyers the Commission's Closing Cost/ Downpayment Assistance Program. Financing Sources • The Development of the Project will be financed from the following combination of funds: 1. The Developer shall obtain a conventional loan from a lending institution in the approximate amount of $744,000. 2. The Developer shall defer $45,000 of its Developer Fee. The Developer shall receive total developer fee and overhead of approximately $118,000, payable as follows: $12,175 payable upon closing of the DDA; $7,175 payable per month for each of the next seven months; followed by $5,300 payable per month for the next two months. The remaining balance of $45,000 will be paid following the sale of the last unit and after all loans are discharged, including the Commission's predevelopment loan. 3. The Developer will defer payment of brokerage fees estimated at approximately $69,750 until unit sales. 4. The Commission shall provide a financial contribution to the Project in an amount not to exceed $455,300, to be provided as follows: a. A pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit. b. A subsidy contribution in the amount of $384,000. Disbursement of these funds shall occur prior to the disbursement of the conventional construction loan. • The Developer shall attempt to reduce Project costs through a value engineering effort. The goal is to reduce hard construction costs between five and ten percent, without sacrificing the quality of construction required by the DDA. E. Estimate of Re -Use Value Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9n' Street & A Avenue — Estimate of Re -Use Value Page 5 Methodology Re -use value is defined as the highest price in terms of money which a property or development right is expected to bring for a specified use in a competitive open market, subject to the re -use conditions established by the Redevelopment Agency. There are two fundamental approaches to establish re -use value. The first is an analysis based on the anticipated income characteristics for the subject project. The second method is an analysis based on the sale of comparable properties. Typically, the income approach proves more useful than the comparable sales approach in determining the amount of land payment that a project can support. Residual Value Approach With this approach, the residual value is the amount that an investor or developer can afford to pay for a property or development right, after taking into account all the development costs associated with the project, the anticipated sales or rental income, and a market -based rate of return on invested capital. In estimating the residual land value supported by the Project, KMA reviewed the financial pro forma submitted by the Developer. KMA analyzed the Developer's cost estimates and sales values and adjusted these figures based on independent market surveys and our experience with comparable projects in San Diego and other California communities. Our specific assumptions are detailed below. Tables 1 and 2 present KMA's residual value analysis for the Project. Table 1 summarizes development costs for the Project. Total development costs for the Project, excluding land acquisition, are estimated to be $1,314,000, or $111 per SF of gross building area (GBA). Document 20062; ndh 1610/1.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 6 These include the following: • Direct construction costs such as off -site improvements, on -site improvements, shell construction, unit finishes/upgrades, general conditions, and contractor fee. Total direct costs are estimated to be $900,000, or $76 per SF GBA. • Indirect costs, such as architecture and engineering, public permits and fees, legal and accounting, taxes and insurance, developer fee, and marketing and sales costs. These are projected to be $353,000, or 39% of direct costs. The indirect costs budget includes developer fee and overhead of $118,000, or 13% of direct costs. This line item combines construction management costs (estimated at $15,000) with developer overhead and developer profit. In KMA's view, this figure is appropriate in light of the diseconomies of scale due to the Project's small size and the pioneering concept of the proposed development and its location. • Financing costs related to the conventional loan, consisting of loan fees and interest during construction and sales. These costs are estimated to total $62,000. In KMA's view, these cost estimates are appropriate and reasonable in light of the characteristics of the Project: a small, in -fill development of for -sale housing, an untested concept for this location. Table 2 presents an estimate of project value upon completion. In December 1999, at the request of the Commission, Market Profiles of San Diego conducted a review and analysis of the South County competitive market in order to estimate projected sales values for the proposed Project. Their analysis indicated that the average sales price for the Project is estimated to total $95 per SF, or approximately $155,000 per unit. Two of the six units will be sold to qualified low or moderate -income households. Households earning low or moderate incomes can afford to pay up to $195,000 for a home, $40,000 more than the projected sales prices for the proposed Project. On this basis, then, the sales price restriction is not anticipated to reduce the achievable market prices for the two affordable units. However, the restriction also limits the household income of buyers. Buyers for these two units can earn a maximum income of $64,450 (2000 figure for a household size of four). To attract qualifying first time homebuyers, the Commission will provide silent second mortgages of up to $15,000 if the two affordable units are not sold within 30 days after the completion of construction. As a result, buyers of the restricted units could pay as little as $140,000 for their home. Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 7 Table 2 also presents KMA's calculation of residual land value. As shown on Table 2, after deducting the development costs ($1,314,000) from total sales proceeds ($930,000), KMA estimates a residual land value of negative $384,000. This translates to negative $64,000 per unit or negative $33 per SF of land area. Comparable Sales Approach KMA reviewed sales transactions for residential land in National City, Southeastern San Diego, and Chula Vista from 1998 to the present. As shown in Table 3, residential land sales over this time period have ranged from $0.43 to $6.69 per SF. The average price per SF was $4.32; the median was $5.85. On a per -unit basis, residential land sales ranged between $26,000 to $45,000, with the average price per unit at $33,000 and the median price per unit at $29,000. Review of comparable transactions suggests that they are of minimal relevance in establishing fair re -use value for the subject due to the extensive adjustments to comparables that would be required. The factors that would require adjustment in establishing comparability include the following: • Type of development. The density, design quality, and rowhome character of the proposed Project distinguish the subject development from conventional suburban developments. • Project location. The Project is situated in a pioneering location. The marketability of high - density new rowhome housing in this location is untested. • Income restrictions. The proposed Project will be subject to income and sale price restrictions pertaining to the sale of two of the proposed six units. These characteristics — and restrictions — affect the Project value and the land value that the proposed development can support. For these reasons, KMA concludes that the comparable sales approach does not provide a meaningful indicator of re -use value for the subject. Conclusion The most appropriate method of valuation is a residual land value analysis based on the income and cost factors associated with the actual proposed improvements and income/price restrictions. On this basis, KMA concludes that the fair re -use value of the Site is negative $384,000. Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 8 F. Fair Market Value at Highest and Best Use Section 33433 of California Community Redevelopment Law requires that, prior to selling or leasing real property, redevelopment agencies estimate the fair market value of the interest to be conveyed at its highest and best use. Typically the analysis of the fair market value at highest and best use does not consider the specific agency/developer transaction or development concept, but rather the most profitable use that is consistent with the Redevelopment Plan and other land use controls. The purpose is to estimate the maximum compensation that the Agency could achieve if it were to offer the subject property or development right on the open market. The highest and best use of the subject Site is the use that generates the highest property value. By definition, the highest and best use is the use which is physically possible, financially feasible, and legally permitted. No consideration should be given to the substantial Commission financial assistance proposed as part of the subject transaction. In considering the highest and best use of the Site, KMA has assumed the property's current land use and zoning designations. The Site's current zoning designation is CG-PD (General Commercial). As indicated in Table 4, KMA surveyed recent sales transactions for commercial development sites within the communities of National City, Chula Vista, and Southeastern San Diego. Based on these surveys, KMA concluded that sales prices for commercial land range from $4.83 to $23.77 per SF of land; the median price was $11.36 per SF. The Site offers excellent access to the 8th Street commercial corridor and the planned National City Education Village. However, given the Site's small size, its limited visibility from the main thoroughfares of 8th Street and National City Boulevard, and the general deterioration of the area, KMA estimates the fair market value to be in the middle of the range of comparables. This finding of value also corresponds with the price paid for the nearest comparable sale. As a result, fair market value at highest and best use is estimated at $11 per SF of land, or $126,500. G. Limiting Conditions The estimates of re -use value and fair market value at the highest and best use contained in this memorandum assume compliance with the following assumptions: 1. There are no soil or subsoil problems, including toxic or hazardous conditions on the Site that need to be remediated in order to develop the Site. 2. The ultimate development will not vary significantly from that assumed in this Re -Use Analysis. Document 20062; ndh 16104.001.001 To: Mr. Paul Desrochers May 30, 2000 Subject: 9th Street & A Avenue — Estimate of Re -Use Value Page 9 3. The title of the property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any, are paid. 4. The Site will be in conformance with the applicable zoning and building ordinances. 5. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. 6. Neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 7. The Development will adhere to the schedule of performance described in the DDA. 8. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. 9. The seller is a public agency having definite controls over the development. The Developer must contend with a series of regulations and controls of which many are not common in the conventional real estate market. attachments Document 20062; ndh 16'.04.001.001 TABLE 1 PROJECT DESCRIPTION AND DEVELOPMENT COSTS 9TH STREET AND A AVENUE LIVE/WORK HOUSING PROJECT COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Project Description Site Area Building Area Gross Building Area Net Building Area Number of Units Average Unit Size 11,500 SF 0.26 Acres 11,850 SF 9,750 SF 6 Units 1,625 SF Development Costs (t) Direct Costs Off -Site Improvements On -Site Improvements/Landscaping Shell Construction Parking Unit Finishes/Upgrades Contractor Fee General Conditions Contingency Subtotal Direct Costs Indirect Costs Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing Broker Fees/Closing Costs Contingency Subtotal Indirect Costs Financing Costs Loan Fees Interest During Construction Subtotal Financing Costs Totals Per Unit $108,100 $18,017 $72,035 $12,006 $554,240 $92,373 $0 $0 $13,005 $2,168 $50,985 $8,498 $53,650 $8,942 $47,642 $7,940 $899,657 $149,943 $50,000 $8,333 $80,000 $13,333 $15,375 $2,563 $0 $0 $118,000 $19,667 $12,000 $2,000 $69,750 $11,625 $7,570 $1,262 $352,695 $58,783 $38,100 $6,350 $23,545 $3,924 $61,645 $10,274 Total Development Costs $1,313,997 $219,000 Or Say (Rounded) $1,314,000 Notes $6 Per SF Site $47 Per SF GBA $0 Included Above $1 Per SF GBA 6.8% of Above Directs 6.7% of Above Directs 5.6% of Above Directs $76 Per SF GBA 5.6% of Directs $7 Per SF GBA 1.7% of Directs 0.0% of Directs 13.1 % of Directs Allowance 7.5% of Value 2.2% of Indirects 39.2% of Directs 5.1% of Loan Amount 3.2% of Loan Amount 8.3% of Loan Amount $111 Per SF GBA (1) Per Wakeland Housing and Development Corporation, 5/11/00. Prepared by: Keyser Marston Associates, Inc. Filename c:\nationalcity\rowhomes\http://www.dellmail.com/mail/viewattach.page/20062ndh_Tables_1- 4 Final.xls?attach=353952738;05/30/2000;lag RESOLUTION NO. 2000 - 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE NORTHEAST CORNER OF 9TH STREET AND "A" AVENUE (827 EAST "A" AVENUE) WHEREAS, the Community Development Commission of the City of National City (CDC) has entered into negotiations for the sale of real property with Wakeland Housing and Development Corporation, the Developer, for development of a parcel located on the northeast corner of 9th Street and "A" Avenue; and WHEREAS, the developer proposes to construct six three-story rowhomes; and WHEREAS, in accordance with the California Community Redevelopment Law, Health and Safety Code Section 33433 (Law) a Summary Report Pertaining to the Sale of Real Property Relative to Sale Price (Summary Report) must be available for public review and a public hearing regarding said sale price must be held and certain findings made prior to the sale of the property. NOW, THEREFORE, BE IT RESOLVED that the Notice of Public Hearing and Summary Report have been prepared and executed in accordance with the requirements of the Law. BE IT FURTHER RESOLVED that a public hearing regarding the sale of real property was held by the City Council on June 6, 2000. BE IT FURTHER RESOLVED that the City Council hereby finds that with a sale price of $1.00 and the terms and conditions of a Disposition and Development Agreement as described in the Summary Report, that said consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale will assist in the elimination of blight. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. -- Signature Page to Follow -- Resolution No. 2000 - 65 June 6, 2000 Page Two PASSED and ADOY1ED this 6th day of June, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FY99/00 STAFF RECOMMENDATION In concurrence with the Equipment Maintenance Supervisor and the City Engineer, the Purchasing Agent recommends that the award be made to Altec Industries, and that the Purchasing Agent be authorized to issue the resulting purchase order. BOARD/COMMISSION RECOMMENDATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6 2000 AGENDA ITEM NO. ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Altec Industries and authorizing the purchase of a Chipper. PREPARED BY EXPLANATION. See attached Brenda E. Hodges Purchasing Agent DEPARTMENT Purchasing Environmental Review X N/A Financial Statement $25,000 was budgeted and approve s / Coy ncil as part of the vehicle C.I.P. program for 643-422-224-511 Account No. n/a ATTACHMENTS (Listed Below) Resolution No 2000-63 Explanation (pg 1) Abstract of Bids (pg 2) City of Glendora PO (p : 3) Original quote to Glendor . (pg 4) Quote to National City (pg 5) Resolution A-200 (Rev. 9/8C) Explanation: As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of competitive bids solicited by the City of Glendora, where Altec Industries of Pomona, was determined to be the lowest responsive, responsible bidder, and was awarded their bid for a Jey 616 Whisper Chipper. Altec Industries is pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. The City of Glendora specification included upgrades that are not required by the City of National City. The City of National City will piggyback the actual Chipper unit, and the spare tire & wheel only (as noted on the quote sheets). We need a couple of different accessory items (dust suspension and engine shut off systems), for an additional $1500 (plus tax). The total of our award would be $19,372.75 (with tax and delivery). See breakdown of costs attached. The City of Glendora bid fully complies with Section 11 of Ordinance #1480. Additional market research has been conducted to consider other brands, and it has been determined that this particular brand best meets the needs of the City, and that it is in the City's best interest to take advantage of this opportunity. RESOLUTION NO. 2000 — 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASING ORDER FOR A JEY 616 WHISPER CHIPPER WHEREAS, the City Glendora has issued an award, based on competitive bidding, to Altec Industries, for the purchase of a Jey 616 Whisper Chipper; and WHEREAS, the Purchasing Agent has determined that the bidding procedures followed by the City of Glendora fulfill the competitive bidding requirements of Chapter 2.60 of the National City Municipal Code, and that it would be beneficial to take advantage of the City of Glendora's bidding process for the purchase of this equipment; and WHEREAS, in accordance with National City Municipal Code Section 2.60.260, Cooperative Purchasing, of Chapter 2.60 Purchasing System, authority exists to purchase equipment based on a price established by competitive bidding by another public jurisdiction. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a purchase order between Altec Industries and the City of National City to provide one Jey 616 Whisper Chipper. PASSED and ADOPTED this 6thday of June, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney ABSTRACT OF BIDS Altec Industries: Pomona, Ca. $16,291.11 Vermeer: Fontana, Ca. $18,400.33 Altec Industries: Dixon Ca. $20,000.00 t by:CITY OF GLENDORA k.ITY OF GLENDORA May-I2-00 1258pm from 6269148234 r-orikinri9c. ta1-1 Page 9zie PURCHASE ORDER NUMBER Foothill Boulevard — Glendora, California 91741 (626) 914-6245 py P.O. DATE PAGE 1. OF / oil1. 7-9F VENDOR: 009985 ALT= I NIKrani 1E.5 /NC 21382 POMONA BLVD POMONA DELIVER BY P0100/0000 1 • PROJECT SHIP VIA CA 9176iS SHIP TO: 000008 ex„Ty, iW QL.ENDORA - calm sycs -NOMIEE LINE a • • 3. S. Jou 616 ficlatfodor 101:EPer Ch1DPO' 32 0.0_9 specs. SI19291. 11 • ,, • trrade-40- of Ch1D0or 4306 ISIM000. 00/ %son this copy to Purchasing Department upon receipt of first ossisory o this order. 2UANTITIES INDICATED ABOVE WERE RECEIVED IN 0000 ORDER EXCEPT AS NOTED. /oto OOV signature 09M M0Y —12-2000 13:13 NISCIIIVIISGOMY 6269148234 BY MIGHT 93x„ CA 5'1741 CANCEL DATE 16, 291. 00 0. 00 16, 291, 09 P .09 ny CITY OF GLE DORP @ 128Pfrem 62691a8234i .xeive0 AO9-4K-Va 101 :aMay-12-@ npm I, Um.5*ga a..v ur-.v v. vl ••••••. Aug 24 89 01:S2p nitric User 909-444-0449 _Page_ 8F16 p.3 12144 2a l4R tna. 21S2Pomana Mad. Amon, CA MI eta 444-0444 Fax 444.044a ....yn"Yg 'R1;:ii.e'i:q'A.,.E c 'erTiOf �+l' CIINDORA JOE }Armes .... , 116 E. POQIUi .L •, " , .,,.: GI. !!iDORA CA. 91741 Phone: (626) 914822$ Flax: (626) 9144234 (626) 914-8221 P.O. it tuteart Cudomer+Y (i0763 1ofI aid IW.6#I +24 /y9 a DE.Wlk 0,0006 - .., Prod C Dste Work sited .., G>utser. RICK THOMSEN Phtlntt• (909) 4440444 ., • Fpc (p09) 444-b448 , - ,ItcoiE Labor Ms M1tteri i sublet i eaat 6000.00 2 ' 9abttitate a V-e Ms. Add ad ivaiabis 0.00 0.06 3Add Oat Minton 2.0& 21$. 4` **evictsrs. with oscoifor dlo*see . 2.00 310.0a 5 PEOYSds rear is staid 1.2 301.33i 6 ; Pas! Store sue sna v 0.00' 1d3.3e 7 Pawl& fail lavat iadicetQrtotog task 0,00 95.52 8 Plavids2 ttoz:attatiat a38. 144.33 aQQd Y 'Stow pits+ 11 12 13 14 15 j 84.310204 r.16 17298.4i OM Chit seitalt�. iA W.O.1l; Model: Rtok EY 616 . t3rea . Kimbariv . Shoo At, Labor - $466.i , $17,298,4# Material gttbiaat 1160.00 Freight • OPEN EOF $13.9g krbtotiai $17i157,39 taxi. $2$% ~ $14$3.72 TOTAL $112111.11 JTRAt 14 cRtorr' $3000.014, NET , 1.i1 13:1waritee sstitnateesosstl[natas MAY-12--2000 13: 17 6269140234 96✓. P.08 05/26/2000 14:55 9094440448 ALTEC IND PAGE 01 Aitec Industries, Inc. 2882 Pomona Blvd. Pomona, CA 91768 t )444-0444 Fax 4440448 Company: City of National City Contact: Jim Dredge Address: City/St/Zip: National City, CA. Phone: (619)336-4588 Fax: (619)336-4597 P.O.#: Cust veh # Customer # 5/25/00 1 of 1 Estimate QUOTE I'W.O.# Date •9Pe.ned Sublet Iteut# Description —engine. Labor Hrs Material 1 Basic chipper 16" cutter bead. 6 cylinder 300 cid. Ford 16000 00 2 Spare Tire & wheel 165.36 3 Dust suppersion system 1325.00 4 Engine shut off system q4 feed table 175.00 5 6 7 8 9 ee Unit Serial #: F/A W.O. #: Model: WC 616 posy barJA, a -tux 'tom 6. Labor $0.00 Material $17,665.36 Sublet $0.00 Freight $250.00 EDF $0.00 Tax @ 825% $1,457.39 TOTAL :. -.:: "1 ' Rick , Greg Kimberly Shop G:\wofiles\estimateslaaestimates HRY-26-2000 15:17 9094440448 99% P.131 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 67000 AGENDA ITEM NO. 3 ITEM TITLE PREPARED BY Resolution accepting a proposal from Southport Travel Center, and authorizing award of RFP #GS9900-7 for the provision of travel agent services. EXPLANATION See attached Brenda E. Hodges Purchasing Agent D PARTMENT Purchasing Environmental Review N/A Financial Statement Approved By; Funds are budgeted as needed by individual departments. Finance Director Account No. STAFF RECOMMENDATION n/a The evaluation team recommends that award be made to Southport Travel Center, and that the Mayor be authorized to sign the attached contract. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS Listed Below ) Explanation (pg A) RFP/Contract (pg 1-18) Bidder List (pg B) Resolution Resolution No. 2000-64 A-200 )9.99) Explanation: As per City Administrative Policy 3.03, 'the Purchasing Department shall, periodically, obtain proposals for an exclusive travel management service, evaluate the proposals and make a recommendation for Council approval". To assist with this project, a survey was prepared by Purchasing and issued to all City departments, soliciting input regarding required services, frequency of travel, etc., to help develop the terms of the Request for Proposal (RFP) and the selection criteria. An evaluation team was assembled, consisting of 3 primary users from various City departments. Their function was to review the draft of the proposal, consult on proposals submitted by vendors, and provide consensus on the recommendation to Council. The RFP for travel agent services was issued. Twelve (12) agencies were contacted, resulting in one (1) response from Southport Travel Center. The evaluation team found Southport to be fully compliant with the terms of the proposal. Given the fact that they have successfully provided travel agent services to the City for many years already, we recommend that this contract be awarded to them. In previous years, City departments have used 2-3 different travel agencies. Based on the amount of City travel that occurred last year, and assuming that all travel business will now be conducted through one vendor, the value of this contract is estimated to be $15,000 per year. The term of this contract will be from July 1, 2000 through June 30, 2003, and contains an option to renew for two additional years if mutually agreeable at that time. A. RESOLUTION NO. 2000 — 64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A PROPOSAL FROM SOUTHPORT TRAVEL CENTER AND AUTHORIZING AWARD OF RFP #GS9900-7 FOR THE PROVISION OF TRAVEL AGENT SERVICES WHEREAS, the Purchasing Department of the City of National City did in open session, on April 27, 2000 publicly open, examine and declare all sealed bids for the provision of travel agent services for the City. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the provision of travel agent services to the only responsive bidder, to wit: SOUTHPORT TRAVEL CENTER BE IT FURTHER RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to execute on behalf of the City, a contract between Southport Travel Center and the City of National City to provide for the provision of travel agent services. PASSED and ADOPTED this 6th day of June, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 40: al George H. Eiser, III City Attorney BIDDER LIST * Southport Travel Services National City Recommended for award * Plaza Tours National City No response, going out of business * Custom Travel Riverside No response Ace Travel National City No response All Star Travel National City No response Incentive Travel National City No response Inter Travel & Tours National City No response Sundance Travel San Diego No response Rainbow World Travel National City No response S & S Travel National City No response Samson Travel National City No response Unique Travel National City No response * Currently providing travel agent services to the City of National City City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950-6599 (619) 336-4570 REQUEST FOR PROPOSAL FOR CITY TRAVEL SERVICES #GS9900-7 The City of National City is inviting proposals for provision of City travel services in accordance with the enclosed Request for Proposal (RFP). Your proposal may be typed or computer generated, and must address all requirements of the RFP. You may also submit with your proposal any additional information which will assist the City in determining your qualifications and/or additional services you may be able to provide. Your proposal must be delivered or mailed to: The City of National City Attn: Purchasing Agent 2100 Hoover Avenue National City, Ca. 91950 Your proposal must be received atthe above location no later than 5:00 pm on: April 26, 2000 The City of National City reserves the right to waive any irregularities or informalities, to reject any or all proposals submitted, and to award a contract which it deems to be in the best interest of the City. Sincerely, Brenda E. Hodges, .P.M. Purchasing Agent Oa Recycled Paper AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ou.,14-1nl4 Travea Oar" THIS AGREEMENT is entered into this day of , &MI') by and between the CITY OF nN_A__TIONAL CITY, a municipal corporation (the "CITY"), and S t&. ►pb 4 TYdAte-� 4e.y _ (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide travel services for City business. WHEREAS, the CITY has re9;tsitifed horded +avd to perform the services desired by the CITY, such services. determined that the CONTRACTOR is a and is qualified by experience and ability and the CONTRACTOR is willing to perform NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A (pages 9-13). 3. PROJECT COORDINATION AND SUPERVISION. The Purchasing Agent is hereby 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. NA r Rrust A thereby designated as the Project Director for the CONTRACTOit averptwis 2 4. 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, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 5. LICENSES, PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever naturethat 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. 6. STANDARD OF CARE. 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. 7. 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. 8. 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 CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. CONTRACTOR shall be liable to CITY for any damages caused by, breach of this condition, pursuant to the provisions contained herein. 9. INDEMNIF'ICATION 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, 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' 3 compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 10. 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 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 attorney'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. 11. 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. 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. 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. 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. Any aggregate insurance limits must apply solely to this Agreement. 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. 4 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 12. 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 CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 13. 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. 14. 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 be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 5 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 documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit. of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 15. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail; or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or delivered or sent by facsimile; 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 facsimile, 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: Brenda E. Hodges, C.P.M. Purchasing Agent City of National City 2100 Hoover Avenue National City, CA 91950 To the CONTRACTOR: pW; h Frofe l (� 4 X' Claw. wr611 n Kit/ e. 247A=(-t Howe"( GLtte.► , IJ .4 Nk" glast 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, 6 demand, request or communication sent. Any notice, request, demand, direction or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 16. 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 service in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk, 1243 National City Blvd., National City, Ca. 91950 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 by the CONTRACTOR. 17. MISCELLANEOUS PROVISIONS. A. 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. B. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. C. 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. D. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. E. 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. 7 F. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. G. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the preparation 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 parry'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 CONTRACTOR By: By: George H. Waters, Mayor (Nam (Title) APPROVED AS TO FORM: George H. Eiser, III City Attorney 8 EXHIBIT A Purpose It is the intent of the City to select a travel agency to serve as exclusive travel agent for the majority of City authorized travel activities. Background Information The City does not guarantee any volume of travel expense for any given year. For your information only, the City expenditures for air transportation for the prior calendar year was approximately $15,000.00. It is the desire of the City to provide the most responsive and cost effective air travel service to its employees for official business. Therefore, you are urged to consider every option in determining the most advantageous offer that would best serve the City. Respondents to this proposal are encouraged to use creativity in their proposals to help the City meet this objective. Proposals must clearly indicate that the travel agency has demonstrated experience in handling government or corporate accounts with offices in the County of San Diego. The objective of the City's overall program is to save the City the maximum amount of money in securing air transportation and other accommodations, ensuring maximum convenience to the traveler, and obtaining monthly management information reports to assist in the control and accountability of travel expenditures. All proposals will become the property of the City. Information in proposals will become public property and subject to disclosure laws. Every effort will be made to keep confidential any financial and proprietary information which is clearly identified. The City reserves the right to make use of any information or ideas in the proposal. Proposals shall be valid for a period of forty-five (45) days from the bid due date, to permit staff evaluation and Council award of contract. A. Proposed Terms: 1. Service shall be provided for a period of (3) three years commencing on July 1, 2000 and ending June 30, 2003; with the following options: a. Two one (1) year renewals, or one two (2) year renewal, by mutual consent, for a total contract period not to exceed five (5) years. b. 30-day cancellation clause for either party, made in writing. c. The City will only utilize services as required and no quantities are implied, inferred, or guaranteed. 9 2. No service charge or fees will be charged to the City for this proposal response or for any service provided by travel agency. B. Proposal Services: (Responses should be made on a separate sheet of paper and returned with your proposal. Reference section number on responses (ie: B1, B2, etc.) 1. The City desires the guaranteed lowest possible airfare booking available and appropriate at the time the reservations are made. Please specify how you intend to arrange for the lowest possible airfares. 2. Tickets are to be documented with all appropriate information to include: a complete itinerary showing flight information, seat selection, and emergency assistance numbers. Boarding passes shall be included with tickets for those airlines that issue them. 3. Tickets should be delivered, as required, to ordering departments within the City of National City. Same day service, should be available, if necessary. Describe your proposed delivery method and how you would handle emergencies. 4. Confirmation of air travel reservations. Will your agency notify the traveler of cancelled flights or other airport problems? 5. Cancellations. No charge for cancellations. The City wants a guaranteed full refund on unused refundable portion of tickets. Tickets must be returned to travel agency. 6. Identify the specific person(s), by name, by qualifications, you would assign to handle the City's travel arrangements. Also identify the back-up person(s). 7. How would you provide adequate telephone service for City business during business hours? After business hours? 8. The city may need training of certain department personnel in such matters as fare structures, time constraints, travel arrangements, cancellation procedures, billing process, etc. Please describe what training you provide, at no cost, including follow-up refresher and update training. 9. Assist City by obtaining corporate and/or government rates and negotiating volume discounts on lodging and rental cars. Specify any rate programs or discounts that will be available to our travelers. 10. Provide City traveler with information on available shuttle/bus transportation from airport to specific destination, if any. 10 11. Provide City traveler with a toll -free number to call, to assist passenger in locating lost luggage. 12. Delineate any capability for emergency travel service. Is there a 24-hour toll free telephone number available for airline, hotel, and car rental reservations after business hours? Identify thecharge for this service, if any. 13. Do you take special actions to ensure that any promotional benefits from booking that potentially can accrue to the City's benefit, will. 14. Indicate lost ticket policy. 15. State your policy on tickets with refundable, non-refundable, or restrictive conditions. 16. Please indicate number and type of airline reservation systems utilized by your company. 17. List additional services offered by agency. C. Billing: Awarded vendor must.... 1. Provide separate billing to individual City departments. If tickets are delivered, billing must be delivered with them. 2. Provide minimum thirty (30) working day billing period. Travel Agency shall have financial stability to extend credit up to 30 working days from the date the invoice is submitted by the travel agency. D. Reporting: 1. With each billing, the travel agency will report: a. City department name b. Traveler's name c. Air carrier and ticket number d. Location e. Airfare f. Date tickets were delivered (or picked up) 2. Additionally, travel agency must submit on a monthly basis, a typed or computer generated summarization of information reported in Item D.1 above by the department name, traveler's name, date, cost and location. 3. Are computer -generated management reports available? If so, is there a charge for this service? Please provide sample copies for the City's review with your proposal. Can travel costs be identified to each department? Can you provide a 11 cost saving analysis report showing difference between charges for services you have reserved and normal retail prices? E. General Information to be submitted by Travel Agency: 1. Background of your organization including a statement of financial condition with summary of your firm's managerial and technical capabilities. 2. How many years have you been in business? 3. What is your annual dollar volume? 4. What percentage of your current business is devoted to corporate travel? Government travel? 5. References: List a minimum of three companies, municipalities, or other corporate customers presently utilizing your agency's service: Company Name a. '`.Gk.¢_fA b. c. Contact Person Phone number 6. Estimate start-up time required, if awarded contract, before full services are available to City. 7. Are you a full -service, licensed, and bonded travel agency? Explain. 8. Provide a listing of full-time personnel who would be assigned to service our account. 9. Do you belong to any professional travel organization? 10. Other pertinent information which you may wish to supply? F. Proposal Submittal: 1. All responses shall be typewritten, concise, straightforward; and must fully address the requirements and questions. 2. One (1) original and three (3) copies of your proposal must be submitted. 12 3. Provide in-depth documentation of your approach and how you will ensure that the City obtains the lowest possible air fares. 4. Proposal must be received and time -stamped by Purchasing no later than 5:00 pm, on April 26, 2000. G. Evaluation of Proposals 1. The proposals will be thoroughly reviewed by a Screening and Selection Committee consisting of users, and Purchasing personnel or their designees. At the option of the City, those selected as contenders may be invited to make a presentation in person. 2. The evaluation will be done by assigning weighted factors including, but not limited to the following criteria: a. Overall response to Request for Proposal b. Past experience with similar size client(s). c. Financial Stability d. Managerial/Technical capabilities. 3. Following the review process, the Committee will recommend to the City Council the retention of successful travel agency. H. Company Information: 1 Company Name: S l� �.'\� �10 2 r •mot. \ lck \!' Address: 12+ --Li r too % J � Federal Irr.D. Number: U(15 r-3pyQ i ? 1 /� Phone: b \°\ " 4-9T - O� I L. Fax: k� .. Lf14 " I i Email: Website: PvL N�.\to�.\ ci.k ,tf\c oS Signed by: Title: ` • r fAt- Date: S ^ Z ° 13 Southport Travel Center 2424-G Hoover Avenue National City, CA 91950 619-474-6716 B 1. Our computer reservation system has two capabilities that are particularly helpful in locating the lowest possible airfare: - a sophisticated fare auditing program that determines the best fare for travel dates - direct access to individual airline reservation systems which enables us to confirm the last available seat at the best airfare We regularly fax our clients information about fare sales and rules so that they can plan ahead to take advantage of best fares. We also offer travel options that can lower costs such as alternative airports and changes in flight times and routings. For example, our Washington DC bound business clients can save hundreds of dollars by flying to Baltimore which is only 50 minutes from downtown Washington D.C. B2. Our invoice/itinerary includes flight information and seat selection. Airline emergency assistance number can be added. No airline issues advance boarding passes with the advent of electronic ticketing. Boarding passes are issued at the counter or gate. B3. We use in-house staff to deliver tickets to the ordering departments within the City. Since we are just a few blocks from City offices, emergency delivery is not a problem. Because most domestic airlines offer electronic ticketing, ticket delivery is eliminated. (Southwest Airlines requires the use of credit card for its ticketless program.) B4. We will notify the traveler of cancelled flights when the airline notifies us. It is also important to include the passenger's home phone number in the computer reservation since airlines often directly call passengers when a flight is cancelled. B5. Tickets will be refunded according to airline policy. B6. Avery Davis and Carolyn Kruse will handle the City's travel arrangements. Avery, Assistant Manager, has been a full-time travel agent since 1987 and holds an Associate Degree in Travel & Tourism. He is widely experienced in both domestic and international business travel arrangements. Carolyn , General Partner and Manager, has 18 years of complex business travel management experience. '4 Southport Travel Center B7. Our business hours are Monday - Friday, 8AM - 530PM. Calls after hours are taken by voice mail. B8. We can provide a training seminar to department personnel regarding all matters listed in item 8. Our standard procedure is to conduct an initial survey of department travel arrangers to determine what areas should be addressed and to design a training program to meet those needs. We can provide a written training format which can be used for training future personnel and provide training updates as needed. B9. We can assist the City in arranging corporate discount programs for both car rentals and chain hotels. It is our policy to book the best applicable hotel rate for the traveler including corporate, government, AAA, senior or promotional. B10. We provide information about shuttle services from airport to destination when needed. B 11. Airline procedure requires that passenger file a lost baggage claim report at the arrival City. The claim form provides a telephone number for follow-up. We can also provide airline toll -free numbers to the passenger. B12. We do not have 24 hour emergency travel service. B 13. We are not familiar with any "promotional benefits" that should accrue to the City. B14. Whenever possible we issue electronic tickets which are not subject to loss. If a paper ticket must be issued and is subsequently lost, replacement or refund of lost ticket would be according to airline policy including filing of lost ticket report and fee payment by City or passenger. B15. We follow all airline policies regarding refundable, nonrefundable or restrictive conditions. We indicate on all tickets and invoices if a ticket is nonrefundable and if fee to change. 1S. Southport Travel Center B 16. Sabre including internet access and a special web site that allows customers access to their itineraries and destination information. B 17. We provide international travel services including: - passport and visa information - health and immunization requirements - US State Department memos for every country - baggage limitations - currency exchange rates - climate and destination information - travel insurance options We also maintain a log of persons seeking low fares to specific destinations. Each person is contacted when the requested fare is available. We periodically fax clients advising them of airfare sales or special vacation values. Cl. Invoice is provided with each electronic or paper ticket and included with any ticket deliveries. C2. Presently we do about 1/3 of the City's air tickets and receive payment in about 10 days. We cannot agree to 30 working days. The extension of 30 working days credit is not a wise business practice in today's travel industry environment. -mix; SoCu4,0.A Wt tatAlp - 146.4.1 Cp,y.. epAz Our corporate, governmental and nonprofit clients find the use of ' a dedicated creditt card useful. ' For example, American Express offers a business travel account whereby all air and rail expenses are billed to one account. There is one monthly statement and just one check to cut. All travelers are also covered by $200,000 business travel insurance and baggage insurance. We can arrange for the annual fee to be waived indefinitely. No actual cards are issued. The City can easily reconcile the AX monthly bill against our monthly report. Dl. Each invoice/itinerary will contain the information listed in Dl. D2. We provide similar monthly reports to other business clients and can furnish such reports to the City. page 3 of l in Southport Travel Center D3. Our monthly management report will include traveler's name, date of travel, ticket number which includes airline code, ticket cost and destination. The data can be arranged by department, if desired. El. Southport Travel Center has been owned and operated by Carolyn Kruse and Nancy Williams since 1981. Their backgrounds include highly responsible positions in the public sector including financial management. This "hands-on" ownership has emphasized accurate and high quality business travel services. Carolyn's travel expertise has extended to teaching travel management courses and to writing a business travel column for the San Diego Daily Transcript Southport Travel Center is well-known and established in the local business community. Carolyn was recently selected 1999 Business Person of the Year by the National City Chamber of Commerce. Southport Travel also serves business clients outside southbay including UCSD Medical Center. As a bonded, appointed agent of the Airlines Reporting Corporation and the International Airlines Travel Agent Network, we are subject to annual financial review. As evidence of our financial stability, we have maintained good standing with our bonding company for 18 years. E2. Eighteen years. El Annual gross sales approximately $900,000. E4. About 50 percent devoted to business travel which includes corporate and government. E5. Paradise Valley Hospital Miriam Ybarra 472-4586 Motivational Systems Sharon Nielsen 474-8247x241 Wellstart International Judy Karam 574-8174 E6. One week. -f>age4-o#-4 l'_ Southport Travel Center E7. Yes. We are bonded appointed agent of the Airlines Reporting Corporation and the International Airlines Travel Agent Network and registered as a Seller of Travel with The California Attorney General. We provide world-wide travel service and can book over 300 airlines, 50 car rental companies and over 30,000 hotels. E8. Avery Davis and Carolyn Kruse will service your account. E9. No E10. No H. Southport Travel Center 2424-G Hoover Avenue National City, CA 91950 Phone 619-474-6716 Fax 619-474-7109 Federal ID 95-3640187 Signed Title P r IN\r Date 4'ZS"oU City of National City, California COUNCIL AGENDA STATEMENT 4 MEETING DATE 06/00 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #47 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION -Ratification of Warrant Register #47 per Government Section Code 37208. Environmental Review N/A Financial Statement Account No STAFF RECO ENDATION I recommend ratification of these warrants for a total of $749,621.24 ca BOARD/COMMISSION RECOMMENDATION TTCHMENTS (Listed Below) Resolution No 1. Warrant Register #47 2. Payroll dated 5/24/00 3. Workers' Comp Warrant Register dated 5/17/00 A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 06/06/00 AGENDA ITEM NO. 5 1 ITEM TITLE • WARRANT REGISTER #48 PREPARED BY ROBERT A. RABAGO EXPLANATION DEPARTMENT FINANCE Ratification of Warrant Register #48 per Government Section Code 37208. Environmental Review Financial Statement N/A STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,030,283.39 N/A BOARD/COMMISSION C NDATION ATTACHMENTS (Listed Below) 1. Warrant Register #48 2. Wcrkers' Comp Warr;-.nt Register dated 5/24/00 Resolution No A-200 (Rev. 9/60) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2000 AGENDA ITEM NO. 6 (ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF APRIL 30, 2000 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of April 30, 2000 is hereby submitted. This report reflects the components of the investment portfolio as of April 30, 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 N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSIObIiRECO NDATION eineep ATTA?' a' EEttuouht� i M "' ow 2. Portfolio Summary 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers. 5. Consolidated C No. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. A-200 (9. 99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY April 2000 BALANCE REVOLVING CASH $ 3,601.94 RETURNED CHECKS 3,852.49 BANK OF AMERICA #80200 463,527.80 OUTSTANDING WARRANTS -185,268.52 PAYROLL OUTSTANDING WARRANTS 0.00 CASH HELD BY BROKERS 27,437.89 INVESTMENTS 23, 331,982.49 LAIF 8,744,487.81 TOTAL $ 32,389,621.90 INVESTMENT EARNINGS HISTORY: FISCAL YEAR 1999-00 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991-92 1990-91 1989-90 1988-89 1987.88 1986-87 1985-86 1984-85 YEAR-TO-DATE TOTAL YEAR 1,102,752.84 $ 1,067,833.47 807,771.46 855,194.65 915,958.70 887,377.54 766,139.99 458,069.70 668,168.31 954,006.53 1,106,292.45 839,400.25 750,689.96 805,437.80 1,072,502.14 1,202,423.29 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 0400 H SymPro City of National City Portfolio Management Portfolio Summary April 30, 2000 City of National City Par Market Book % of Days to YTM/C YTM/C Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 7,417,000.00 7,417,000.00 7,417,000.00 31.79 516 267 6.143 6.228 Certificates of Deposit - Maturity 194,000.00 194,000.00 194,000.00 0.83 1,081 883 6.436 6.526 Negotiable/Transferable CDs 5,062,000.00 4,751,010.65 4,670,189.12 20.02 1,948 1,543 8.095 8.208 Federal Agency Securities 10,615,000.00 10,324,614.63 10,613,500.16 45.49 1,336 996 6.105 6.190 Pass Through Securities 423,351.11 424,042.93 437,293.21 1.87 1,335 573 7.118 7.215 Investments 23,711,351.11 23,110,668.21 23,331,982.49 100.00% 1,195 865 6.537 6.628 Total Earnings April 30 Month Ending Fiscal Year To Date Current Year 117,888.09 1,047,518.34 Average Daily Balance 22,983,206.43 19,955,220.06 Effective Rate of Return 6.24% 6.28% Marylou Matienz erector of Finance i7 11/4 Run Date: 05/31/2000 -11:26 Portfolio CNC CC PM (PRF_PM1) SymRept V5.01f City of National City Portfolio Management Page 2 Portfolio Details - Investments April 30, 2000 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 Certificates of Deposit - Monthly 10258 Advanta Bank Corp 08/27/1999 99,000.00 99,000.00 99,000.00 6.250 6.250 119 08/28/2000 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 729 04/30/2002 10367 American Pacific Bank 03/17/2000 99,000.00 99,000.00 99,000.00 6.950 6.950 322 03/19/2001 10201 Ashbum Bank 05/11/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 375 05/11/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 735 05/06/2002 10254 Beach First National Bank 08/05/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 95 08/04/2000 10308 Bank Star One 12/01/1999 99,000.00 99,000.00 99,000.00 6.550 6.550. 213 11/30/2000 10333 BPD International Bank 01/05/2000 99,000.00 99,000.00 99,000.00 6.800 6.600 248 01/04/2001. 10312 BankUSA FSB 12/22/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 234 12/21/2000 10027 Capital One FSB 09/29/1998 100,000.00 100,000.00 100,000.00 5.793 5.793 151 09/29/2000 10225 Corn Belt B & T Co 06/28/1999 99,000.00 99,000.00 99,000.00 6.200 6.200 423 06/28/2001 10261 Community Bank of New Jersey 09/29/1999 99,000.00 99,000.00 99,000.00 6.350 6.350 151 09/29/2000 10173 Cross Country Bank 04/02/1999 100,000.00 100,000.00 100,000.00 5.580 5.580 336 04/02/2001 10302 Commercial Federal Bank FSB 11/12/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 196 11/13/2000 o 10256 Citizens Bank & Trust Co 08/19/1999 99;000.00 99,000.00 99,000.00 6.220 6.220 109 08/18/2000 • 10252 Citizens State Bank 07/30/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 91 07/31/2000 q 10255 Clyde Savings Bank 08/05/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 95 08/04/2000 10295 Community National Bank 10/25/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 178 10/26/2000 ... 10174 Corus Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 715 04/16/2002 10350 Decatur State Bank 02/03/2000 99,000.00 99,000.00 99,000.00 6.800 6.800 277 02/02/2001 10181 Eaton Bank/Centennial Bank 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 364 04/30/2001 10207 Erie State Bank 05/14/1999 99,000.00 99,000.00 99,000.00 5.500 5.500 197 11/14/2000 10303 First Bank of Brunswick, The 11/10/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 192 11/09/2000 10246 First Tier Bank 07/02/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 62 07/02/2000 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 728 04/29/2002 10300 First Bank of Turley 11/02/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 184 11/01/2000 10251 First Choice Bank 07/28/1999 99,000.00 99,000.00 99,000.00 6.120 6.120 87 07/27/2000 10344 First Enterprise Bank 01/24/2000 99,000.00 99,000.00 99,000.00 6.800 6.800 267 01/23/2001 10374 First Federal Bank FSB 04/19/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 353 04/19/2001 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 721 04/22/2002 10209 FNB of Jackson 05/20/1999 99,000.00 99,000.00 99,000.00 5.800 5.881 385 05/21/2001 10313 Franklin Bank & Trust Co 01/04/2000 99,000.00 99,000.00 99,000.00 6.600 6.600 247 01/03/2001 10248 First Republic Savings Bank 07/21/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 80 07/20/2000 10289 First State Bank 10/15/1999 99,000.00 99,000.00 99,000.00 6.410 6.410 168 10/16/2000 10260 First State Bank of Colfax 09/02/1999 99,000.00 99,000.00 99,000.00 6.300 6.300 246 01/02/2001 10247 First Suburban National Bank 07/15/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 260 01/16/2001 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f Run Date: 05/31/2000 - 11:26 City of National City Portfolio Management Portfolio Details - Investments April 30, 2000 Page 3 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 Certificates of Deposit - Monthly 10208 Grand Bank NA 05/17/1999 99,000.00 99,000.00 99,000.00 5.530 5.530 15 05/16/2000 99100323 10259 Great Western Bank 08/31/1999 99,000.00 99,000.00 99,000.00 6.250 6.250 121 08/30/2000 10020 Golden Security Thrift & Loan 07/28/1998 90,000.00 90,000.00 90,000.00 5.980 5.980 88 07/28/2000 10309 Guaranty Bank 12/16/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 228 12/15/2000 10222 Habersham Bank 06/10/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 39 06/09/2000 10297 Hometown Bank of Villa Rica 11/01/1999 99,000.00 99,000.00 99,000.00 6.550 6.641 183 10/31/2000 10310 High Desert State Bank 12/17/1999 99,000.00 99,000.00 99,000.00 6.610 - 6.610 231 12/18/2000 10250 Hinsbrook Bank & Trust 07/23/1999 99,000.00 99,000.00 99,000.00 6.100 6.100 84 07/24/2000 10311 Home City Federal Savings Bank 12/22/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 234 12/21/2000 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 721 04/22J2002 10308 International Bank of Chicago 12/14/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 226 12/13/2000 10351 Ionia County National Bank 02/03/2000 99,000.00 99,000.00 99,000.00 6.800 6.800 277 02/02/2001 10169 Key Bank USA 04/05/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 339 04/05/2001 10290 Lighthouse Community Bank 10/19/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 170 10/18/2000 10343 Leighton State Bank 01/20/2000 99,000.00 99,000.00 99,000.00 6.760 6.760 263 01/19/2001 a 10368 Lewiston State Bank 03/24/2000 99,000.00 99,000.00 99,000.00 7.000 7.097 329 03/26/2001 1 10223 Merrick Banking Corporation 06/21/1999 99,000.00 99,000.00 99,000.00 6.000 6.000 416 06/21/2001 10307 Metter Banking Company 12/07/1999 99,000.00 99,000.00 99,000.00 6.650 6.650 219 12/06/2000 10025 Metropolitan FSB of Cleveland 09/29/1998 100,000.00 100,000.00 100,000.00 5.900 5.900 154 10/02/2000 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 742 05/13/2002 10380 NCB Savings Bank FSB 04/28/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 364 04/30/2001 10292 Northeast Bank 10/08/1999 99,000.00 99,000.00 99,000.00 6.400 6.400 162 10/10/2000 10373 Nicollet State Bank 04/04/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 337 04/03/2001 10249 Nat'l Republic Bank of Chicago 07/23/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 84 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 93 08/02/2000 10217 Old Florida Bank 06/03/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 32 06/02/2000 10224 Park Avenue Bank NA, The - 06/24/1999 99,000.00 99,000.00 99,000.00 6.050 6.050 420 06/25/2001 10220 Peoples Bank of Kentucky 06/04/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 35 06/05/2000 10304 Planters Bank 11/18/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 200 11/17/2000 10296 Providian National Bank 10/28/1999 99,000.00 99,000.00 99,000.00 6.520 6.520 180 10/28/2000 10177 Queens County Savings Bank ', 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 721 04/22/2002 10305 Republic Bank Bountiful 11/23/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 206 11/23/2000 10294 Rocky Mountain B & T Florence 10/20/1999 99,000.00 99,000.00 99,000.00 6.520 8.520 171 10/19/2000 10221 Security State Bk of Wanamingo 06/10/1999 99,000.00 99,000.00 99,000.00 5.750 5.750 39 06/09/2000 10193 TeleBank 05/06/1999 99,000.00 99,000.00 99,000.00 5.660 5.660 553 11/05/2001 10264 Triad Bank 09/30/1999 99,000.00 99,000.00 99,000.00 6.450 6.450 152 09/30/2000 Run Date: 05/31/2000 -11:26 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details -Investments April 30, 2000 Purchase Date Par Value Market Value Page 4 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10342 10379 10196 United Credit National Bank Walton Bank & Trust Co Winton Savings & Loan Subtotal and Average 7,209,166.67 10/12/1999 04/20/2000 05/07/1999 100,000.00 99,000.00 99,000.00 100,000.00 99,000.00 99,000.00 100,000.00 6.600 99,000.00 7.050 99,000.00 5.600 7,417,000.00 7,417,000.00 7,417,000.00 8.600 183 10/11/2000 7.050 354 04/20/2001 5.600 371 05/07/2001 6.228 267 Certificates of Deposit - Maturity 066320ZF2 10234 10362 Bankers Trust Bank of Washington Subtotal and Average 194,000.00 05/20/1999 95,000.00 03/08/2000 99,000.00 194,000.00 95,000.00 99,000.00 194,000.00 95,000.00 6.000 99,000.00 6.950 194,000.00 6.083 1,480 05/20/2004 6.950 311 03/08/2001 6.526 883 Negotiable/Transferable CDs 10358 06035ADT7 10072 10346 15640XBK6 10158 203584AD9 10071 10029 258115AV6 10041 29874FA32 10134 10031 30241HXE3 10159 33847EGE1 10205 32109VAH7 10203 10195 356611FU2060 10168 10324 10325 39739BUG4060 10182 10262 10037 441800AY8060 10167 44921CBN6 10042 45383NAQ4 10160 47816HAB3 10161 51803KG35 10078 51803AVL0 10327 Run Date: 05/31/2000 - 11:26 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Centura National Bank Community Bank of Ravenswood Cedar Rapids ECU Dora! FSB European American Bank Farmers Bank FCC National Bank Flagstar Bank FNB of Lucedale FNB of America Fremont Investment & Loan First Bank & Trust First Union Bank Greenwood Trust Company DE Great South Texas Bank Hometown Bank NA Household Bank IBJ Schroder Bank & Trust Co Independent Bank W Michigan Johnson Bank Lasalle Bank NA Lasalle Bank NA 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 1,747 02/11/2005 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 1,366 01/27/2004 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 1,718 01/13/2005 03/09/1999 95,000.00 94,762.50 95,000.00 6.000 6.000 2,322 09/09/2006 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 1,367 01/28/2004 10/01 /1998 100,000.00 100,000.00 89,576.91 5.650 11.935 153 10/01/2000 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 5.493 1,318 12/10/2003 02/04/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,556 08/04/2004 10/02/1998 100,000.00 75,948.98 75,948.98 5.650 13.769 1,249 10/02/2003 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 1,409 03/10/2004 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 743 05/14/2002 05/12/1999 97,000.00 94,791.31 97,000.00 5.500 5.500 742 05/13/2002 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 735 05/06/2002 04/07/1999 97,000.00 92,621.42 97,000.00 5.600 5.600 1,437 04/07/2004 04/28/1999 100,000.00 85,276.39 85,276.39 5.750 12.530 720 04/21/2002 02/23/1999 100,000.00 84,801.52 84,801.52 5.820 12.683 691 03/23/2002 03/17/1999 100,000.00 95,535.00 100,000.00 5.600 5.600 1,416 03/17/2004 09/15/1999 100,000.00 75,811.23 75,811.23 6.550 15.190 1,549 07/28/2004 11/20/1998 100,000.00 85,328.46 85,328.46 5.650 12.402 525 10/08/2001 04/07/1999 97,000.00 97,000,00 97,000.00 5.500 5.500 1,437 04/07/2004 12/23/1998 95,000.00 94,762.50 95,000.00 5.550 5.550 1,331 12/23/2003 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 1,403 03/04/2004 03/17/1999 95,000.00 95,000.00 95,000.00 6.250 6.250 3,242 03/17/2009 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 5,017 01/25/2014 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 4,012 04/26/2011 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f CUSIP City of National City Portfolio Management Portfolio Details - Investments April 30, 2000 Page 5 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,425 03/26/2004 509685AC7 10185 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,425 03/26/2004 55256NKS2 10077 M & I Marshall & lisley Bank 01/27/1999 95,000.00 95,000.00 94,818.55 6.050 6.076 3,193 01/27/2009 564759LT3 10152 Manufacturers & Traders Trust 03/04/1999 95,000.00 94,762.50 93,114.92 5.500 5.847 2,125 02/24/2006 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 93,257.74 97,000.00 5.400 5.400 1,036 03/03/2003 59020WDF5 10216 Merrill Lynch Bank USA 05/27/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 1,492 06/01/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.38 69,971.36 6.550 15.910 1,962 09/14/2005 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 1,189 08/03/2003 64880TGC5060 10136 New South Federal Savings Bank 02/23/1999 97,000.00 94,003.87 97,000.00 5.300 5.299 833 08/12/2002 685621CW2080 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 79,016.85 99,000.00 5.750 5.7.50 1,282 11/04/2003 680061BK3 10076 Old National Bank 01/28/1999 95,000.00 95,000.00 94,772.00 6.000 6.032 3,194 01/28/2009 710198GA4 10133 Peoples Bank 02/10/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,562 08/10/2004 10341 Pony Express Bank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,693 12/19/2004 743836T00 10043 Provident Bank 01/21/1999 99,000.00 93,910.41 99,000.00 5.500 5.500 1,542 07/21/2004 10040 Royal Bank of Pennsylvania 12/02/1998 - 100,000.00 76,325.98 76,325.98 5.550 13.280 1,310 12/02/2003 82661YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95,249.24 6.500 6.432 1,199 08/13/2003 82868FCS4 10137 Signet Bank 03/01/1999 95,000.00 97,886.10 97,886.10 6.250 5.500 1,276 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 92,055.91 97,000.00 5.400 5.400 1,402 03/03/2004 10263 South Bay Bank 07/26/1999 100,000.00 88,986.23 88,986.23 6.180 13.125 451 07/26/2001 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 94,005.61 98,658.70 5.850 5.405 1,156 07/01/2003 853389CG7060 10164 Standard Federal Bank 03/19/1999 97,000.00 93,478.90 97,000.00 5.850 5.850 1,418 03/19/2004 1 789369HG3 10075 St Francis Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 3,195 01/29/2009 Rs 8649999X9 10347 Success National Bank 01/28/2000 100,000.00 79,937.85 79,937.85 6.270 12.681 1,370 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 78,963.99 78,963.99 6.570 14.890 1,271 10/24/2003 10353 U S Bank NA 02/04/2000 100,000.00 74,008.71 74,008.71 7.020 16.505 1,739 02/03/2005 959897EA3 10150 Western Bank PR 03/03/1999 95,000.00 95,000.00 95,000.00 5.400 5.400 855 09/03/2002 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 1,396 02/26/2004 Subtotal and Average 4,670,189.12 5,062,000.00 4,751,010.65 4,670,189.12 8.208 1,543 Federal Agency Securities 31331RK38060 10124 Federal Farm Credit Bank 11/24/1998 250,000.00 238,342.50 250,000.00 5.800 5.800 1,302 11/24/2003 31331HXXOC 10273 Federal Farm Credit Bank 07/30/1999 100,000.00 98,563.00 100,000.00 6.250 6.250 637 01/28/2002 31331HXU6 10282 Federal Farm Credit Bank 07/27/1999 100,000.00 97,430.00 100,000.00 6.380 6.380 1,001 01/27/2003 3133M6J25C 10054 Federal Home Loan Bank 11/25/1998 150,000.00 143,016.00 150,000.00 5.825 5.825 1,303 11/25/2003 3133M6KY3C 10055 Federal Home Loan Bank 11/25/1998 150,000.00 143,719.50 150,000.00 6.000 6.000 1,303 11/25/2003 3133M6N79C 10057 Federal Home Loan Bank 12/01/1998 100,000.00 95,625.00 100,000.00 5.930 5.930 1,309 12/01/2003 Run Date: 05/31/2000 - 11:26 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f CUSIP City of National City Portfolio Management Page 6 Portfolio Details - Investments April 30, 2000 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities . 3133M6TVOC 10059 Federal Home Loan Bank 12/22/1998 100,000.00 94,750.00 100,000.00 5.660 5.660 1,330 12/22/2003 3133M6W38C 10060 Federal Home Loan Bank 12/23/1998 100,000.00 94,906.00 100,000.00 5.710 5.710 1,331 12/23/2003 3133M6GQ5 10063 Federal Home Loan Bank 11/17/1998 100,000.00 95,250.00 100,000.00 5.785 5.785 1,295 11/17/2003 3133M6NC8 10065 Federal Home Loan Bank 12/01/1998 100,000.00 95,562.00 100,000.00 5.910 5.910 1,309 12/01/2003 3133M6PS1 10066 Federal Home Loan Bank 12/10/1998 100,000.00 97,281.00 100,000.00 5.780 5.780 770 06/10/2002 3133M6NX2 10067 Federal Home Loan Bank 12/04/1998 100,000.00 95,719.00 100,000.00 5.970 5.970 1,312 12/04/2003 1,,34A2L39 10068 Federal Home Loan Bank 12/22/1998 100,000.00 95,219.00 100,000.00 5.820 5.820 1,330 12/22/2003 3133M6K98 10069 Federal Home Loan Bank 11/25/1998 100,000.00 96,360.00 100,000.00 5.640 5.640 938 11/25/2002 3133M6MP0060 10118 Federal Home Loan Bank 12/02/1998 100,000.00 96,563.00 100,000.00 5.770 5.770 945 12/02/2002 3133M6PD4060 10119 Federal Home Loan Bank 12/04/1998 100,000.00 95,438.00 100,000.00 5.875 5.875 1,312 12/04/2003 3133M6P69060 10120 Federal Home Loan Bank 12/04/1998 100,000.00 95,782.00 100,000.00 6.000 6.000 1,312 12/04/2003 3133M6Q68060 10121 Federal Home Loan Bank 12/09/1998 125,000.00 120,898.75 125,000.00 5.860 5.860 952 12/09/2002 3133M6PX0060 10128 Federal Home Loan Bank 12/02/1998 125,000.00 119,023.75 125,000.00 5.795 5.795 1,310 12/02/2003 ''4' 3133M7KY1060 10144 Federal Home Loan Bank 02/24/1999 150,000.00 144,951.00 150,000.00 5.250 5.250 1,394 02/24/2004 3133M7U46 10157 Federal Home Loan Bank 03/15/1999 100,000.00 95,547.00 100,000.00 6.000 6.000 1,414 03/15/2004 3133M85N0 10170 Federal Home•Loan Bank 03/18/1999 100,000.00 96,813.00 100,000.00 6.050 6.050 1,051 03/18/2003 9 3133M7XW1C 10171 Federal Home Loan Bank 03/23/1999 100,000.00 97,188.00 100,000.00 5.940 5.940 875 09/23/2002 3133M8N83C 10202 Federal Home Loan Bank 05/12/1999 100,000.00 96,594.00 100,000.00 5.740 5.740 925 11/12/2002 3133M8UA0 10210 Federal Home Loan Bank 05/24/1999 100,000.00 97,187.00 100,000.00 5.685 5.685 753 05/24/2002 3133M8T38 10211 Federal Home Loan Bank 05/24/1999 250,000.00 239,727.50 250,000.00 6.185 6.185 1,484 05/24/2004 3134A3SQ0C 10212 Federal Home Loan Bank 05/27/1999 100,000.00 97,719.00 100,000.00 6.000 6.000 756 05/27/2002 3133M8SD7C 10213 Federal Home Loan Bank 05/27/1999 100,000.00 96,938.00 100,000.00 5.930 5.930 940 11/27/2002 3133M8SW5C 10214 Federal Home Loan Bank 05/27/1999 100,000.00 96,875.00 100,000.00 5.910 5.910 940 11/27/2002 3133M8SD7 10215 Federal Home Loan Bank 05/27/1999 100,000.00 96,730.00 100,000.00 5.930 5.930 940 11/27/2002 -133Pi` UT9 10227 Federal Home Loan Bank 06/03/1999 100,000.00 97,126.00 100,000.00 6.000 6.000 946 12/03/2002 3133M8V92C 10228 Federal Home Loan Bank 06/09/1999 100,000.00 97,031.00 100,000.00 6.000 6.000 952 12/09/2002 3133M8ZP2C 10230 Federal Home Loan Bank 06/24/1999 100,000.00 98,094.00 100,000.00 6.250 6.250 784 06/24/2002 3133M6J33060 10239 Federal Home Loan Bank 11/24/1998 115,000.00 110,041.20 115,000.00 5.730 5.730 1,302 11/24/2003 3133M94LC3 10240 Federal Home Loan Bank 06/17/1.909 100,000.00 98,563.00 100,000.00 6.140 6.140 595 12/17/2001 3133M94L3 10242 Federal Home Loan Bank 06/17/1999 100,000.00 98,361.76 100,000.00 6.140 6.140 595 12/17/2)01 3133M9C42 10265 Federal Home Loan Bank 07/13/1999 100,000.00 97,906.00 100,000.00 7.000 7.000 1,534 07/13/2004 3133M9A85 10266 Federal Home Loan Bank 07/09/1999 100,000.00 98,231.16 100,000.00 6.200 6.200 799 07/09/2002 3133M9DD1 10267 Federal Home Loan Bank 07/28/1999 100,000.00 98,514.03 100,000.00 7.000 7.000 1,549 07/28/2004 3133M9BJ0C 10270 Federal Home Loan Bank 07/12/1999 100,000.00 99,031.00 100,000.00 6.020 6.020 437 07/12/2001 3133M9D90 10271 Federal Home Loan Bank 07/19/1999 100,000.00 99,000.00 100,000.00 6.040 6.040 444 07/19/2001 3133M9FX5C 10272 Federal Home Loan Bank 07/29/1999 100,000.00 98,125.00 100,000.00 6.340 6.340 819 07/29/2002 Run Date: 05/31/2000- 11:26 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f CUSIP Investment # Issuer City of National City Portfolio Management Page 7 Portfolio Details - Investments April 30, 2000 Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133M9NW8 10279 Federal Home Loan Bank 08/25/1999 100,000.00 98,953.00 100,000.00 6.540 6.540 665 02/25/2002 3133M9A85 10280 Federal Home Loan Bank 07/10/1999 100,000.00 97,820.00 100,000.00 6.200 6.200 799 07/09/2002 3133M9KU5 10284 Federal Home Loan Bank 08/16/1999 100,000.00 99,420.00 100,000.00 6.030 6.030 291 02/16/2001. 3133M9NW8 10285 Federal Home Loan Bank 08/25/1999 100,000.00 98,830.00 100,000.00 6.540 6.540 665 02/25/2002 3133M6QK7 10286 Federal Home Loan Bank 07/30/1999 200,000.00 195,906.00. 198,400.00 6.060 6.431 595 12/17/2001 3133MAGZ6 10334 Federal Home Loan Bank 01/10/2000 100,000.00 98,730.00 100,000.00 7.020 7.020 984 01/10/2003 3133MAGZ60 10335 Federal Home Loan Bank 01/10/2000 100,000.00 98,969.00 100,000.00 7.020 7.020 984 01/10/2003 3133MAQ28 10354 Federal Home Loan Bank 02/15/2000 100,000.00 99,430.00 100,000.00 7.000 7.000 655 02/15/2002 3133MAP52C 10355 Federal Home Loan Bank 02/14/2000 100,000.00 99,531.00 100,000.00 7.000 7.000 655 02/15/2002 3133MASK6 10356 Federal Home Loan Bank 02/22/2000 100,000.00 99,520.00 100,000.00 7.100 7.100 662 02/22/2002 3133MAVF3 10359 Federal Home Loan Bank 02/28/2000 100,000.00 98,828.00 100,000.00 7.115 7.115 668 02/28/2002 3133M9J45 10360 Federal Home Loan Bank 08/16/1999 100,000.00 98,690.00 100,000.00 6.060 6.060 472 08/16/2001 O© 3133M8BD5 10361 Federal Home Loan Bank 08/02/1999 100,000.00 99,307.54 101,088.22 5.170 4.193 147 09/25/2000 3133MAX38C 10363 Federal Home Loan Bank 03/06/2000 100,000.00 99,688.00 100,000.00 7.185 7.185 674 03/06/2002 3133MAX95 10364 Federal Home Loan Bank 03/06/2000 100,000.00 99,360.00 100,000.00 7.075 7.015 7.015 493 09/06/2001 3133MAUK3 10365 Federal Home Loan Bank 03/06/2000 100,000.00 99,440.00 100,062.506.946 493 09/06/2001 3133MAX27 10366 Federal Home Loan Bank 03/13/2000 100,000.00 99,550.00 100,000.00 7.050 7.050 500 09/13/2001 3133MB3U9 10369 Federal Home Loan Bank 03/27/2000 100,000.00 99,578.00 100,000.00 7.050 7.050 695 03/27/2002 1 3133MB3F2 10370 Federal Home Loan Bank 03/27/2000 100,000.00 99,380.00 100,000.00 6.500 6.500. 879 09/27/2002 3133M62Y2C 10371 Federal Home Loan Bank 03/27/2000 100,000.00 99,500.00 100,000.00 6.500 6.500 695 03/27/2002 3133MB4P9 10372 Federal Home Loan Bank 03/28/2000 100,000.00 99,470.00 100,000.00 7.000 7.000 1,792 03/28/2005 3133MBAA5 10375 Federal Home Loan Bank 04/12/2000 100,000.00 99,500.00 100,000.00 7.030 7.030 711 04/12/2002 3133MBAX5 10376 Federal Home Loan Bank 04/12/2000 100,000.00 100,000.00 100,000.00 7.115 7.115 711 04/12/2002 3133MBAA5 10377 Federal Home Loan Bank 04/12/2000 100,000.00 99,500.00 100,000.00 7.030 7.030 711 04/12/2002 3133MBBZ9 10378 Federal Home Loan Bank 04/18/2000 100,000.00 100,000.00 100,000.00 7.125 7.125 717 04/18/2002 3134A2D39 10048 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 95,297.00 100,000.00 5.820 5.820 1,330 12/22/2003 3134A2D39C 10058 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 95,219.00 100,000.00 5.820 5.820 1,330 12/22/2003 3134A2G93060 10122 Federal Home Loan Mrtgage Corp 01/05/1999 200,000.00 191,376.00 200,000.00 6.000 6.000 1,344 01/05/2004 3134A2L22060 10123 Federal Home Loan Mrtgage Corp 01/06/1999 150,000.00 145,407.00 150,000.00 6.000 6.000 980 01/06/2003 3134A3CT1 10155 Federal Home Loan Mrtgage Corp 03/08/1999 150,000.00 144,516.00 150,000.00 6.300 6.300 1,407 03/08/2004 3134A3CT1 10156 Federal Home Loan Mrtgage Corp 03/08/1999 150,000.00 144,633.00 150,000.00 8.300 6.300 1,407 03/08/2004 3134A3HG4C 10172 Federal Home Loan Mrtgage Corp . 04/07/1999 100,000.00 96,625.00 100,000.00 6.000 6.000 1,071 04/07/2003 3134A3NM4 10191 Federal Home Loan Mrtgage Corp 05/03/1999 100,000.00 95,625.00 100,000.00 6.105 6.105 1,463 05/03/2004 3134A3PA8C 10200 Federal Home Loan Mrtgage Corp 05/10/1999 100,000.00 95,719.00 100,000.00 6.140 6.140 1,470 05/10/2004 3134A3ZM1 10276 Federal Home Loan Mrtgage Corp 07/20/1999 100,000.00 99,000.00 100,000.00 6.000 6.000 445 07/20/2001 312902HA0C 10298 Federal Home Loan Mrtgage Corp 10/28/1999 100,000.00 98,994.00 100,000.00 7.010 7.010 910 10/28/2002 Run Date: 05/31/2000 -11:26 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments April 30, 2000 Purchase Date Par Value Market Value Page 8 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133TGSG5 31364GHP7C 31364GDH9 31364GDH9060 31364GTC3 31364GWN5 31364GJ83 31364GJ83C 31364GY37 31364GX38 31364G3C1 31364G4L0 31364CUT3 86387R2H4C 86387R2P6 10301 Federal Home Loan Mrtgage Corp 10056 Federal Natl. Mortgage Assoc. 10062 Federal Natl. Mortgage Assoc. 10114 Federal Natl. Mortgage Assoc. 10143 Federal Natl. Mortgage Assoc. 10145 Federal Natl. Mortgage Assoc. 10189 Federal Natl. Mortgage Assoc. 10190 Federal Natl. Mortgage Assoc. 10229 Federal Natl. Mortgage Assoc. 10231 Federal Natl. Mortgage Assoc. 10269 Federal Natl. Mortgage Assoc. 10277 Federal Natl. Mortgage Assoc. 10349 Federal Natl. Mortgage Assoc. 10274 Sallie Mae Agency Bond 10278 Sallie Mae Agency Bond Subtotal and Average 10,446,833.49 12/01/1998 11/25/1998 10/22/1998 10/22/1998 02/18/1999 03/02/1999 04/23/1999 04/23/1999 06/23/1999 06/17/1999 07/21/1999 08/05/1999 01/28/2000 08/10/1999 08/24/1999 100,000.00 100,000.00 250,000.00 250,000.00 100,000.00 250,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 87,511.00 95,855.00 240,000.00 247,495.00 94,020.00 238,812.50 95,375.00 95,358.00 99,012.00 99,019.00 98,913.00 99,064.00 99,114.44 98,865.00 99,147.00 100,000.00 100,000.00 250,000.00 250,000.00 99,500.00 250,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 99,449.44 100,000.00 100,000.00 10,615,000.00 10,324,614.63 10,613,500.16 6.000 6.020 6.040 6.040 5.500 6.020 8.020 6.020 6.000 6.000 6.000 6.170 6.700 6.000 6.300 6.083 6.020 6.040 6.040 5.616 6.020 6.020 6.020 6.000 6.000 6.000 6.170 7.043 6.000 8.300 1,187 08/01/2003 1,303 11/25/2003 1,269 10/22/2003 1,269 10/22/2003 1,388 02/18/2004 1,401 03/02/2004 1,453 04/23/2004 1,456 04/26/2004 416 06/21/2001 414 06/19/2001 449 07/24/2001 463 08/07/2001 633 01/24/2002 466 08/10/2001 480 08/24/2001 6.190 996 Pass Through Securities 313401TF8010 31341SZX2060 31341 RVL4060 31341 RDX8010 31341PFR3060 313401 WX5060 31282NAG8060 313615MF0060 313610E06060 31361SN51 31361T4J0060 31364TKP5060 313615MH6060 31376PGY5 36216XMV0020 36217EBM3020 36202AXN2020. 36202AX77020 Run Date: 05/31/2000 -11:26 10093 Federal Home Loan Mrtgage Corp 10094 Federal Home Loan Mrtgage Corp 10095 Federal Home Loan Mrtgage Corp 10096 Federal Home Loan Mrtgage Corp 10097 Federal Home Loan Mrtgage Corp 10099 Federal Home Loan Mrtgage Corp 10116 Federal Home Loan Mrtgage Corp 10081 Federal Natl. Mortgage Assoc. 10092 Federal Natl. Mortgage Assoc. 10098 Federal Natl. Mortgage Assoc. 10102 Federal Natl. Mortgage Assoc. 10103 Federal Natl. Mortgage Assoc. 10112 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. 10079 Govt. National Mortgage Assoc. 10080 Govt. National Mortgage Assoc. 10083 Govt. National Mortgage Assoc. 10084 Govt. National Mortgage Assoc. 02/18/1998 02/18/1998 02/18/1998 02/18/1998 02/18/1998 02/18/1998 10/30/1998 09/17/1997 12/23/1997 02/18/1998 02/18/1998 02/18/1998 06/22/1998 12/01/1998 08/26/1997 08/26/1997 10/15/1997 10/21/1997 3,363.32 8,133.29 8,303.84 4,272.56 4,419.05 4,771.50 2,846.96 12,736.47 10,666.62 6,505.23 3,400.83 4,107.97 85,871.81 55,737.13 4,416.72 2,596.21 8,214.12 11,039.27 3,374.50 8,170.75 8,352.46 4,297.55 4,451.82 4,787.75 2,856.64 12,542.44 10,744.83 6,561.14 3,425.78 4,113.15 83,211.76 57,136.69 4,444.24 2,613.37 8,260.06 11,104.94 3,531.54 8,448.56 8,625.78 4,443.69 4,684.58 4,926.67 2,971.53 12,863.92 11,020.17 6,749.18 3,536.98 4,251.77 86,730.79 58,089.57 4,581.13 2,692.87 8,522.29 11,453.25 10.000 9.000 9.000 9.000 10.500 8.500 12.000 7.000 8.500 8.500 8.500 8.250 6.500 8.500 8.500 8.500 8.500 8.500 7.745 7.495 7.514 7.412 7.607 7.359 10.965 7.352 7.494 7.107 6.967 7.307 8.003 6.626 6.671 6.727 7.361 7.495 304 549 518 488 304 610 214 31 700 610 641 1,645 61 1,156 532 593 598 629 03/01/2001 11/01/2001 10/01/2001 09/01/2001 03/01/2001 01/01/2002 12/01/2000 06/01/2000 04/01/2002 01/01/2002 02/01/2002 11/01/2004 07/01/2000 07/01/2003 10/15/2001 12/15/2001 12/20/2001 01/20/2002 Portfolio CNC CC PM (PRF_PM2) SymRept V5.01f City of National City Portfolio Management Page 9 Portfolio Details - Investments April 30, 2000 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 36217LQQ2020 10085 Govt. National Mortgage Assoc. 10/30/1997 14,654.36 14,770.70 15,213.33 8.500 6.657 824 01/15/2002 36216TKS8020 10086 Govt. National Mortgage Assoc. 10/30/1997 7,349.26 7,395.05 7,624.90 8.500 7.329 471 08/15/2001 38218VD59020 10087 Govt. National Mortgage Assoc. 11/12/1997 8,449.80 8,552.88 8,798.60 8.500 6.685 867 09/15/2002 36217AUE8020 10088 Govt. National Mortgage Assoc. 11/12/1997 13,650.43 13,726.68 14,102.87 8.000 6.424 683 03/15/2002 362155HH9020 10089 Govt. National Mortgage Assoc. 11/21/1997 0.00 0.00 0.00 8.500 7.385 0 07/20/2001 36202AY04020 10090 Govt. National Mortgage Assoc. 11/21/1997 16,144.83 16,235.02 16,669.74 8.000 7.239 660 02/20/2002 36202A5C7020 10091 Govt. National Mortgage Assoc. 11/25/1997 10,856.58 10,977.97 11,263.84 8.500 7.000 872 09/20/2002 36215SQ55020 10100 Govt. National Mortgage Assoc. 02/18/1998 4,065.11 4,093.97 4,334.72 9.000 7.767 384 05/20/2001 36215N3C6020 10104 Govt. National Mortgage Assoc. 03/17/1998 14,024.50 14,127.02 14,655.65 9.000 6.220 379 05/15/2001 36216NJL8020 10105 Govt. National Mortgage Assoc. 03/17/1998 10,869.41 10,979.17 11,372.25 9.000 7.549 563 11/15/2001 36202A2B2020 10106 Govt. National Mortgage Assoc. 03/17/1998 10,941.46 11,111.99 11,228.85 7.500 6.957 749 05/20/2002 3621614N8020 10107 Govt. National Mortgage Assoc. 03/17/1998 9,613.07 9,728.03 10,069.80 9.000 7.483 563 11/15/2001 -E 362161 DT5020 10108 Govt. National Mortgage Assoc. 03/26/1998 9,528.57 9,642.52 9,909.87 9.000 7.150 593 12/15/2001 36217LVM5020 10109 Govt. National Mortgage Assoc. 04/16/1998 16,434.20 16,690.34 16,968.35 8.000 6.352 683 03/15/2002 m 36218NZQ7020 10110 Govt. National Mortgage Assoc. 04/16/1998 11,740.34 11,821.38 12,151.32 8.000 6.344 805 07/15/2002 11 36202AZU4020 10111 Govt. National Mortgage Assoc. 04/16/1998 15,717.27 15,793.14 16,599.02 8.500 7.513 719 04/20/2002 t 36202AW52020 10236 Govt. National Mortgage Assoc. 10/21/1997 7,909.02 7,947.20 8,205.83 8.500 6.624 568 11/20/2001 Subtotal and Average 463,017.15 423,351.11 424,042.93 437,293.21 7.215 573 Total Investments and Average 22,983,206.43 Run Date: 05/31/2000 - 11:26 23,711,351.11 23,110,668.21 23,331,982.49 6.628 865 Portfolio CNC CC PM (PRF_PM2) SyrnRept V5.01f 8 SymPro CUSIP City of National City Activity Report Sorted By Brokers April 1, 2000 April 30, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Investment # Issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or Withdrawals City of National City Ending Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 383,000.00 383,000.00 ..ertificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs Subtotal and Balance 3,888,000.00 3,888,000.00 Federal Agency Securities 3133MBAA5 10377 Federal Home Loan Bank Subtotal and Balance 1,400,000.00 7.030 04/12/2000 100,000.00 0.00 100,000.00 0.00 1,500,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 24.974% 56,798.09 5,822,798.09 8.500 04/03/2000 0.00 1,060.96 0.00 1,060.96 55,737.13 100,000.00 1,060.96 5,921,737.13 Brokers: Gilford Securities Inc Federal Agency Securities 3133MBAA5 10375 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 13.074% 3,000,000.00 3,000,000.00 7.030 04/12/2000 100,000.00 0.00 100,000.00 100,000.00 0.00 3,100,000.00 0.00 3,100,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10028 Washington Federal Savings Bk Subtotal and Balance Run Date: 05/31/2000 - 11:29 5.720 04/03/2000 0.00 100,000.00 400,000.00 0.00 100,000.00 300,000.00. Portfolio CNC CC DA (PRF DA) SymRept V5.01f CUSIP City of National City Activity Report April 1, 2000 - April 30, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Investment # issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or Withdrawals Ending Balance Page 2 Negotiable/Transferable CDs Subtotal and Balance 1,074,000.00 1,074,000.00 Federal Agency Securities Subtotal and Balance 1,665,000.00 1,665,000.00 Pass Through Securities 36216XMV0020 10079 Govt. National Mortgage Assoc. 36217EBM3020 10080 Govt. National Mortgage Assoc. 313615MF0060 10081 Federal Natl. Mortgage Assoc. 36202AXN2020 10083 Govt. National Mortgage Assoc. 36202AX77020 10084 Govt. National Mortgage Assoc, 36217LQQ2020 10085 Govt. National Mortgage Assoc. 36216TKS8020 10086 Govt. National Mortgage Assoc. 36218VD59020 10087 Govt. National Mortgage Assoc. 36217AUE8020 10088 Govt. National Mortgage Assoc. 362155HH9020 10089 Govt. National Mortgage Assoc. 36202AYQ4020 10090 Govt. National Mortgage Assoc. 36202A5C7020 10091 Govt. National Mortgage Assoc. • 313610E06060 10092 Federal Nail. Mortgage Assoc. ▪ 313401TF8010 10093 Federal Home Loan Mrtgage Corp 31341SZX2060 10094 Federal Home Loan Mrtgage Corp CCZI 31341 RVL4060 10095 Federal Home Loan Mrtgage Corp 31341 RDX8010 10096 Federal Home Loan Mrtgage Corp cif 31341 PFR3060 10097 Federal Home Loan Mrtgage Corp • 31361SN51 10098 Federal Natl. Mortgage Assoc. 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 36215SQ55020 10100 Govt. National Mortgage Assoc. 31361T4J0060 10102 Federal Natl. Mortgage Assoc. 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 36215N3C6020 10104 Govt. National Mortgage Assoc. 36216NJL8020 10105 Govt. National Mortgage Assoc. 36202A2B2020 10106 Govt. National Mortgage Assoc. 3621614N8020 10107 Govt. National Mortgage Assoc. 362161 DT5020 10108 Govt. National Mortgage Assoc. 36217LVM5020 10109 Govt. National Mortgage Assoc. 36218NZQ7020 10110 Govt. National Mortgage Assoc. 36202A7U4020 10111 Govt. National Mortgage Assoc. Run Date: 05/31 /2000 - 11:29 8.500 04/18/2000 8.500 04/18/2000 7.000 04/26/2000 8.500 04/26/2000 8.500 04/26/2000 8.500 04/18/2000 8.500 04/18/2000 8.500 04/18/2000 8.000 04/18/2000 8.500 04/26/2000 8.000 04/26/2000 8.500 04/26/2000 8.500 04/26/2000 10.000 04/18/2000 9.000 04/18/2000 9.000 04/18/2000 9.000 04/18/2000 10.500 04/18/2000 8.500 04/26/2000 8.500 04/18/2000 9.000 04/26/2000 8.500 04/26/2000 8.250 04/26/2000 9.000 04/18/2000 9.000 04/18/2000 7.500 04/26/2000 9.000 04/18/2000 9.000 04/18/2000 8.000 04/18/2000 8.000 04/18/2000 8.500 04/26/2000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 269.49 309.96 2,883.28 465.29 571.58 684.31 443.63 292.19 558.76 4,683.69 989.73 1,316.46 1,077.45 956.65 561.09 444.93 301.90 171.95 300.51 214.74 351.04 205.47 410.14 1,305.04 691.31 518.02 538.54 552.59 696.83 1,157.64 956.99 Portfolio CNC CC DA (PRF_DA) SymRept V5.01f City of National City Activity Report April 1, 2000 - April 30, 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 3 Brokers: Multi -Bank Securities Inc Pass Through Securities 313615MH6060 10112 Federal Natl. Mortgage Assoc. 6.500 04/26/2000 0.00 5,504.93 31282NAG8060 10116 Federal Home Loan Mrtgage Corp 12.000 04/18/2000 0.00 3,281.03 36202AW52020 10236 Govt. National Mortgage Assoc. 8.500 04/28/2000 0.00 480.85 Subtotal and Balance 401,761.99 0.00 34,148.01 367,613.98 Brokers Subtotal 14.367% - 3,540,761.99 0.00 134,148.01 3,406,613.98 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 1,750,000.00 1,750,000.00 Brokers Subtotal 7.380% 1,750,000.00 0.00 0.00 1,750,000.00 Brokers: Morgan Keegan Federal Agency Securities Subtotal and Balance 400,000.00 400,000.00 Brokers Subtotal 1.687% 400,000.00 0.00 0.00 400,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance 600,000.00 Brokers Subtotal 2.530% 600,000.00 0.00 e00,000.00 0.00 600,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10291 Resource Bank 6.320 04/07/2000 0.00 99,000.00 10373 Nicollet State Bank 7.050 04/04/2000 99,000.00 0.00 10374 First Federal Bank FSB 7.050 04/19/2000 99,000.00 0.00 10379 Walton Bank & Trust Co 7.050 04/20/2000 99,000.00 0.00 10380 NCB Savings Bank FSB 7.100 04/28/2000 99,000.00 0.00 Run Date: 05/31/2000 - 11:29 Portfolio CNC CC DA (PRF_DA) SymRept V5.01 f R1 CUSIP City of National City Activity Report April 1, 2000 - April 30, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Investment # Issuer of Portfolio Balance Rate Date or Deposits Sales/Maturities or Withdrawals Ending Balance Page 4 Subtotal and Balance 6,437,000.00 396,000.00 99,000.00 6,734,000.00 Certificates of Deposit - Maturity Subtotal and Balance 99,000.00 99,000.00 Negotiable/Transferable CDs Subtotal and Balance 100,000.00 Brokers Subtotal 29.239% 6,836,000.00 396,000.00 100,000.00 99,000.00 6,933,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MBAX5 10376 Federal Home Loan Bank 3133MBBZ9 10378 Federal Home Loan Bank Subtotal and Balance 1,400,000.00 Brokers Subtotal 6.748°/, 1,400,000.00 7.115 04/12/2000 7.125 04/18/2000 100,000.00 0.00 100,000.00 0.00 200,000.00 200,000.00 0.00 1,600,000.00 0.00 1,600,000.00 Run Date: 05/31/2000 - 11:29 Total 100.000% 23,149,560.08 796,000.00 23,1,208.97 23,711,351.11 Portfolio CNC CC DA (PRF_DA) SymRept V5.o1f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS APRIL 30, 2000 FUND NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 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) 159 GENERAL PLAN UPDATE RESERVE 169 GRANT -LOCAL LAW ENF. BLOCK 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 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 200 30TH STREET CLEANUP FUND - 1304 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 212 PERSONNEL COMPENSATION FUND 215 STREET TREES REPLACEMENT FUND 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 343 STATE -LOCAL PARTNERSHIP 363 SECURITY & FIRE ALARM REGULATION FUND 552 TDA ENDING BALANCE 3,129,771.68 318,505.74 113,809.93 133,795.78 876.09 152.08 81,259.30 931,740.04 40,000.00 10,842.12 75,000.00 6,893.62 77,876.89 11,990,356.05 248.11 166,887.65 112,554.19 12,666.27 6,977.44 112,592.03 113,508.55 154,915.73 1,223.75 18,970.02 275,835.65 12,890.11 56,006.00 1,014.00 834.76 1,991.68 962,479.99 516,571.45 24,781.97 497,531.16 744,084.59 50,000.00 29,999.17 601,743.94 28,000.00 1,343.21 7,830.60 26,066.03 77,858.38 33,932.94 22,250.00 49,425.09 100,000.00 1,179.00 299,571.00 114,972.32 2,181,019.19 108,276.54 403,790.75 37,339.00 37,026.95 35,972.50 28,569.93 !s Pf FUND FUND TITLE ENDING NUMBER BALANCE 626 FACILITIES MAIN -FUND 432,429.43 627 LIABILITY INS. FUND 3,494,422.99 628 GENERAL SERVICES FUND 20,803.96 629 INFORMATION SYSTEMS MAINTENANC 227,217.33 630 OFFICE EQUIPMENT DEPRECIATION 1,642,660.98 631 TELECOMMUNICATIONS REVOLVING 254,962.46 632 INFORMATION SERVICES 51,830.67 633 UNEMPLOYMENT INSURANCE RESERVE 70,000.00 643 MOTOR VEHICLE SVC FUND 975,752.15 718 TRUST & AGENCY 186,817.56 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 49,688.89 TOTAL ALL FUNDS 32,389,621.90 APRIL YTD.APR MONTHLY STATEMENT OF RECEIPTS FOR THE MONTH ENDING APRIL FUND NUMBER FUND TITLE 001 GENERAL FUND 2,589,397.92 102 TECHNOLOGY FUND 0.00 103 GENERAL CAPITAL OUTLAY FUND 0.00 104 LIBRARY FUND 113,809.93 105 PARKS MAINTENANCE FUND 133,796.50 108 LIBRARY CAPITAL OUTLAY 11,216.28 109 GAS TAXES FUND 0.00 110 EMERGENCY PREPAREDNESS FUND 0.00 111 P.O.S.T. FUND 9,649.68 112 LOWER SWEETWATER FUND 0.00 113 CULTURAL ARTS FUND 0.00 115 PARK & REC CAPITAL OUTLAY FUND 200.00 120 PLAN CHECKING REVOLVING FUND 1,705.23 123 GRANT -FAMILIES FOR LITERACY 0.00 125 SEWER SERVICE FUND 414,757.74 130 EMT-D REVOLVING FUND 0.00 131 ASSET FORFEITURE FUND 3,953.40 135 SD COUNTY REG AUTO THEFT TASK 15,601.00 136 TINY TOT CLASSES FUND 0.00 147 GRANT -JUDGE PROGRAM 0.00 153 GRANT -COPS UNIVERSAL HIRING 0.00 154 STATE PUBLIC LIBRARY FUND 0.00 157 GRANT-SUPPL. LAW ENF. (SLESF) 0.00 158 SWIMMING POOL REVOLVING FUND 898.00 159 GENERAL PLAN UPDATE RESERVE 0.00 167 GRANT -NC SUPPR. OF DRUG ABUSE 0.00 169 GRANT -LOCAL LAW ENF. BLOCK 0.00 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 172 TRASH RATE STABILIZATION FUND 10,231.60 173 NATIONAL SCHOOL DIST CONTRACT 33,002.00 174 SWEETWATER SCHOOL DIST CONTRAC 56,006.00 176 POLICE REIMBURSED OVERTIME 1,014.00 180 FY97 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 182 COPS GRANT PART II 0.00 184 LIBRARY COMPUTER CENTER 0.00 188 GRANT - HIDTA 37,866.77 189 CIVIC CENTER REFURBISHING 0.00 190 30TH STREET CLEANUP FUND - 1303 2,593.15 191 GRANT - STOP PROJECT 5,750.00 192 LEASE ESCROW FUND 3,785.55 193 COPS GRANT PART III 0.00 194 LITERACY INITIATIVES VII 0.00 196 CAPITAL PROJECT RESERVE 0.00 198 PROPERTY EVIDENCE SEIZURE 0.00 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 200 30TH STREET CLEANUP FUND - 1304 3,090.20 201 NCJPFA DEBT SERVICE FUND 0.00 202 FY98 COPS MORE -2,324.00 203 PARK SECURITY/GTE LEASE 0.00 204 GALE GRANT 0.00 205 YOUTH SERVICES MATERIALS GRANT 0.00 206 GATES LEARNING FOUNDATION FUND 0.00 207 CLLS MATCHING FUNDS FY99-00 11,267.35 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 0.00 209 FY99-00 LITERACY INITIATIVES VIII 0.00 210 FY99-00 F.U.L.F.I.L.L. 0.00 211 SECURITY AND ALARM REGULATION FUND 18,862.75 212 PERSONNEL COMPENSATION FUND 0.00 215 STREET TREES REPLACEMENT FUND 1,179.00 18,180,606.06 136.00 755.00 407,006.99 508,137.03 55,063.75 747,953.76 40,000.00 63,294.00 97,192.20 75,000.00 1,651.00 49,539.69 8,735.00 3,763,185.52 25,696.13 74,104.48 51,140.69 4,820.00 39,178.00 66,916.67 93,525.09 449.49 31,295.50 63,000.00 53,935.00 1,303.32 27,780.50 26,700.67 33,002.00 56,006.00 56,940.50 178,390.00 156,309.30 6,331.00 82,361.30 410,000.00 13,857.64 231,027.26 36,920.93 11,546.64 100,750.00 200,000.00 42,514.96 173,084.00 33,184.32 355,631.91 186,321.00 28,000.00 39,618.78 10,000.00 20,363.00 50,336.35 122,132.86 63,360.00 45,000.00 51,430.94 100,000.00 1,179.00 11 n.P- 4 / FUND NUMBER FUND TITLE APRIL YTD.APR 301 GRANT-C.D.B.G. 0.00 129,800.85 302 CDC PAYMENTS 22,637.88 409,148.25 303 CAPITAL FACILITIES FUND 0.00 299,571.00 304 PARK DEVELOPMENT FUND 0.00 100,000.00 307 PROPOSITION A" FUND 25,000.00 795,094.98 312 STP LOCAUTRANSNET HIGHWAY 0.00 5,922.47 314 OTS GRANT 0.00 62,825.50 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 183,809.00 343 STATE -LOCAL PARTNERSHIP 0.00 1,076.00 347 PUBLIC RESOURCES ACCOUNT 0.00 9,431.32 363 SECURITY & FIRE ALARM REGULATION FUND -24,431.75 35,972.50 552 TDA 100,642.79 1,678,528.35 626 FACILITIES MAINT FUND 134,411.00 1,344,398.27 627 LIABILITY INS. FUND 123,380.13 1,163,640.23 628 GENERAL SERVICES FUND 19,439.00 197,901.86 629 INFORMATION SYSTEMS MAINTENANC 42,581.00 305,920.86 630 OFFICE EQUIPMENT DEPRECIATION 18,750.00 1,699,585.39 631 TELECOMMUNICATIONS REVOLVING 0.00 214,286.00 632 INFORMATION SERVICES 38,086.00 380,860.00 633 UNEMPLOYMENT INSURANCE RESERVE 0.00 70,000.00 643 MOTOR VEHICLE SVC FUND 70,787.00 950,630.01 718 TRUST & AGENCY 6,284.94 81,239.89 721 LIBRARY TRUST FUND 0.00 2,752.61 TOTAL ALL FUNDS 4,054,878.04 37,576,096.57 FOR THEYMONTR ENDING AIMILURSEMENTS FII001 D GENERAL I-UNU FUND TITLE 102 TECHNOLOGY FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 179 NPT BUS DONATIONS FUND 180 FY97 LOCAL LAW ENF BLOCK GRANT (LLEBG) 182 COPS GRANT PART II 184 LIBRARY COMPUTER CENTER 188 GRANT - HIDTA 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 193 COPS GRANT PART III 194 LITERACY INITIATIVES VII 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 201 NCJPFA DEBT SERVICE FUND. 202 FY98 COPS MORE 204 GALE GRANT 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 214 EVERY 15 MINUTES GRANT FY99-00 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAUTRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 347 PUBLIC RESOURCES ACCOUNT 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND APRIL YTD.APR 1,43 /,928.29 16,8 /2,351.28 0.00 1,285,642.24 280,590.00 688,349.33 73,187.94 750,134.23 47,699.27 557,143.32 0.00 (229.98) 6,421.96 10,920.49 114,121.23 1,307,793.72 10,281.09 55,691.62 9,348.33 113,339.28 560.53 9,070.47 359.84 553.39 1,301.13 14,443.38 26,778.46 2,767,379.75 822.87 3,778.31 0.00 42,682.02 0.00 56,257.92 549.31 1,940.68 4,597.11 44,525.76 7,528.01 43,586.14 0.00 60,128.20 0.00 31,237.50 0.00 15,568.82 7,872.69 22,285.94 2,612.35 22,300.18 1,692.62 19,279.49 5,875.96 59,971.35 0.00 55,926.50 31.00 881.04 0.00 31,519.00 8,382.51 92,216.10 0.00 13,676.75 5,567.71 63,108.39 495.00 59,433.74 0.00 9,588.70 15,886.83 141,741.26 4,909.60 226,038.59 1,510.37 16,949.48 0.00 202,413.44 1,768.84 2,468.84 0.00 55,915.41 0.00 30,468.01 15,601.00 188,685.00 15,317.24 171,771.71 0.00 358,942.96 0.00 63,129.00 2,539.76 58,199.95 2,253.66 8,656.79 0.00 12,532.40 7,477.20 24,626.82 44,274.48 44,274.48 1,375.00 29,427.06 0.00 22,750.00 0.00 2,005.85 675.76 1,293.36 68,636.91 278,652.76 18,857.94 274,726.91 17,467.41 514,793.11 0.00 119.60 0.00 34,147.54 0.00 2,465.73 0.00 48,930.50 30,481.00 146,470.00 53,697.60 162,741.76 10,476.46 10,476.46 187,601.31 1,705,874.69 95,224.74 1,113,697.73 48,783.82 1,344,036.03 141 9F" dt/ Mk . No FUND TITLE APRIL YTD.APR • • GENERAL SERVICES —FUND 5,144.74 162,424.45 629 INFORMATION SYSTEMS MAINTENANC 11,188.90 100,298.34 630 OFFICE EQUIPMENT DEPRECIATION 56,999.27 649,491.78 631 TELECOMMUNICATIONS REVOLVING 2,538.95 30,112.81 632 INFORMATION SERVICES 32,488.42 356,963.15 643 MOTOR VEHICLE SVC FUND 69,762.04 1,267,866.98 718 TRUST & AGENCY 1,722.31 48,628.92 TOTAL ALL FUNDS 2,879,266.77 35,097,684.71 JO of cQ l City of National City Pooled Investment Transactions Report For the Month of April 2000 Date Description Institution Ref. No. Amount 3 Withdrawal LAIF 662000 (300,000.00) 10 Withdrawal LAIF 343687 (200,000.00) 12 Withdrawal LAIF 500653 (200,000.00) 13 Withdrawal LAIF 579613 (300,000.00) 14 Deposit LAIF 665500 600,000.00 19 Deposit LAIF 113310 450,000.00 20 Deposit LAIF 353705 500,000.00 27 Withdrawal LAIF 519667 (300,000.00) 28 Withdrawal LAIF 390685 (200,000.00) 0400 Page 1 5/31/00 e2/ Af-2/ City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2000 7 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: John Chavez PREPARED BY Michael R. Dalla, CMCR DEPARTMENT City Clerk EXPLANATION. The claim of John Chavez arises from an occurrence on December 16, 1999 and was filed with the City Clerk's Office on May 8, 2000 Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No Copy of Claim for Damages A.200 (Rev. 9/80) J City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Tema 6, 2000 AGENDA ITEM NO. 8 ITEM TITLE STREET TREE COMMITTEE MEETING PREPARED BY Jim Ruiz, Director if" k DEPARTMENT Parks & Recreation EXPLANATION. Removal Requests: 2111 Melrose Street Requests removal of bottlebrush tree in the parkway in front of residence. The tree roots may be penetrating the sewer lines as well as causing sidewalk and curb damage. Environmental Review XX N/A Financial Statement Funds available in account #105-442-00-331-0000 STAFF RECOMMENDATION Approve Minutes. BOARD/COMMISSION RECOMMENDATION Approval ATTACHMENTS (Listed Below) Resolution No Street Tree Minutes A400 (Rev. 9/80) City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON MAY 18, 2000 Called to order at 2:00 p.m. Roll Call - ♦ Present: Keen, Morales, Cesena, Sotelo. • Staff: Diaz Tree Removal Requests: ♦ James M. Marler 2111 Melrose Street Requested removal of bottlebrush tree in the parkway in front of his residence. The tree roots may be penetrating the sewer lines as well as causing sidewalk and curb damage. Committee recommends removal of tree upon payment of $34 replacement fee. Adjourned at 2:07 p.m. -7/(0 MIG A. DIAZ Parks & Recreation Director ® Recycled Paper MEETING DATE June 6, 2000 City of National City, California COUNCIL AGENDA STATEMENT #Refer to Item #1 9 AGENDA ITEM NO. (—ITEM TITLE RESOLUTION' APPROVING THE SALE OF PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE NORTHEAST CORNER OF 9TH STREET AND "A" AVENUE (827 EAST "A" AVENUE) PREPARED Y Paul Desrochers, DEPARTMENTCDC Executive Director EXPLANATION A copy of the Summary Report Pertaining To the Sale of Real Property (Report) is included with the Agenda item relative to the Public Hearing held this date on this subject. The Report concludes that the Fair Re -Use Value of the property for sale to Wakeland Housing is negative $384,000 for the development of six three-story row homes. State Law requires that the Commission make one of the following findings: a) The consideration is not less than the fair market value at its highest and best use in accordance with the Plan; or, b) The consideration is not less that the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease, The Resolution makes the finding related in b) above. Please see attached Explanation for a summary of details regarding the Disposition and Development Agreement proposed between the CDC and Wakeland Housing. (Environmental Review X N/A Financial Statement The CDC will convey the Site to the Developer for a nominal purchase price of $1.00 and provide additional funding in an amount not to exceed $455,300 to be provided as follows: (a) a pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit; (b) A subsidy cc ntribution in the amount of $384,000 to be repaid to the CDC if gross sales proceeds for the project exceed $930,000 or $155,000 per unit. STAFF RECOMMENDATION Approve above subject resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No, 2 0 0 0 — 6 5 N/A A-200 (9/80) RESOLUTION NO. 2000 — 65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY PURCHASED WITH REDEVELOPMENT FUNDS LOCATED ON THE NORTHEAST CORNER OF 9TH STREET AND "A" AVENUE (827 EAST "A" AVENUE) WHEREAS, the Community Development Commission of the City of National City (CDC) has entered into negotiations for the sale of real property with Wakeland Housing and Development Corporation, the Developer, for development of a parcel located on the northeast corner of 9th Street and "A" Avenue; and WHEREAS, the developer proposes to construct six three-story rowhomes; and WHEREAS, in accordance with the California Community Redevelopment Law, Health and Safety Code Section 33433 (Law) a Summary Report Pertaining to the Sale of Real Property Relative to Sale Price (Summary Report) must be available for public review and a public hearing regarding said sale price must be held and certain findings made prior to the sale of the property. NOW, THEREFORE, BE IT RESOLVED that the Notice of Public Hearing and Summary Report have been prepared and executed in accordance with the requirements of the Law. BE IT FURTHER RESOLVED that a public hearing regarding the sale of real property was held by the City Council on June 6, 2000. BE IT FURTHER RESOLVED that the City Council hereby finds that with a sale price of $1.00 and the terms and conditions of a Disposition and Development Agreement as described in the Summary Report, that said consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale will assist in the elimination of blight. BE IT FURTHER RESOLVED that the City Council hereby finds that the sale is consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490. -- Signature Page to Follow -- Resolution No. 2000 - 65 June 6, 2000 Page Two PASSED and ADOPTED this 6th day of June, 2000. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Explanation to June 6, 2000 City Council A-200 Under the terms of the DDA, the Commission is responsible for the following: 1. The Commission will convey the Site to the Developer for a nominal purchase price of $1.00. 2. The Commission shall provide silent second mortgages of up to $15,000 to qualified First -Time Homebuyers of the two affordable units if the units are not sold within 30 days after the completion of construction. 3. The Commission shall make available to all buyers the Commission's Closing Cost/Down-payment Assistance Program. 4. The Commission shall provide a financial contribution to the project in an amount not to exceed $455,300 to be provided as follows: (a) A pre -development loan in the amount of $71,300 at no interest, available to the Developer upon closing of the DDA and repaid not later than the sale of the last unit. (b) A subsidy contribution in the amount of $384,000. Disbursement of these funds shall occur prior to the disbursement of the conventional construction loan. The DDA imposes the following responsibilities on the Developer: 1. The Developer shall secure at its expense any and all land use and other entitlements, permits, and approvals which may be required by the City or any other governmental agency. 2. The Developer shall be responsible for all off -site work other than the movement of utility lines and power poles, up to a maximum of $113,505. 3. The Developer will construct six three-story live/work housing units, each with an attached one -car garage on the first floor and one additional tandem space on -site. 4. Upon the completion of sale of all units, the Developer shall pay the Commission an Additional Purchase Price equal to all gross sales proceeds in excess of $930,000. 5. The Developer shall obtain a conventional loan from a lending institution in the approximate amount of $744,000. 6. The Developer shall defer its Developer Fee of approximately $118,000 as follows: $12,175 payable upon closing of the DDA; $7,175 payable per month for each of the next seven months; followed by $5,300 payable per month for the next two (2) months; with the remaining balance of $45,000 paid following the sale of the last unit and after all loans are discharged, including the Commission's predevelopment loan. 7. The Developer will defer paym=.nt of brokerage fees estimated at approxi nately $69,750 until unit sales. 8. The Developer will sell no less than two units to qualified low or moderate -income households. Households earning low or moderate incomes can afford to pay up to $195,000 for a home, $40,000 more than the projected sales prices for the proposed Project. On this basis, then, the sales price restriction is not anticipated to reduce the achievable market prices for the two affordable units. However, the restriction also limits the household income of buyers. Buyers for these two units can earn a maximum income of $64,450 (2000 figure for a household size of four). MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT Jump 6, 2000 10 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING THE REFUSE RATE RECOMMENDATION FOR FISCAL YEAR 01 PREPARED BY T. McAvoy, J. Servatius DEPARTMENT Public Works EXPLANATION See attached report. Environmental Review X N/A Financial Statement The Refuse Fund will be supplemented by $150,000, the Franchise fee will remain at 8%. Keeping the rate constant for the 4th year will hlc nefit the Citizens and Businesses of National City. Account No. STAFF RECOMMENDAT Approve, the refuse rates t at were established in FY-99 and FY-00, approve the Refuse Enterprise fund amount, and approve the Franchise fee to stay at 8% for FY-01. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2000-66 1. EDCO letter of May 15, 2000 2. Deloitte and Touche report of April 17, 2000 A-200 (9/80) REFUSE RATE RECOMMENDATION FOR FY-01 Basis: The establishment of the rates for trash service is based upon estimates of the quantities of various components to be used (landfill quantities, recyclables sold and consumer price index) as related to the cost/price of such components. This determines the rates. For the Rate Review, the actual values for 9 months (July —March) is expanded to 12 months, and the actual total costs/price of budget items is determined, and is compared to budgeted amounts. Overcollection/undercollection by EDCO occurs unless our estimates are exact, otherwise the values are adjusted by increasing or decreasing the Enterprise Fund collection. Overcollection/Undercollection: For the FY-00 rates, we used the projected rate of $32.00 per ton in the rate calculations. This rate was available to us because of a contract with the Regional Solid Waste Authority (RSWA). Due to higher than normal sellback rates and the increased tonnage from the Automated Single Stream Recycling the amount collected by the curbside recycling program was approximately $25,000 over the projected amount. Yardwaste tonnage costs resulted in a savings of $11,000 in our estimate. This $36,000 was used to offset a higher than estimated trash tonnage hauled, which resulted in no overcollection/undercollection. FY-01 Projections: The Tip Fee Rate for FY-01 should remain at $32.00 per ton. We also anticipate the trash tonnage hauled and the curbside program to remain at the FY-00 estimates. These factors will allow the $150,000 contribution to the Enterprise Fund to occur, without a rate change. EDCO Letter and Auditor Report: The "Rate Adjustment" letter from EDCO is appended. The figures upon which the rate is based are subject to review (specifically on agreed upon procedures) by an audit firm selected by the City and paid by the Contractor. (Deloitte and Touche LLP has been selected in the past few years and their report is attached.) Recommendations: a) That the Refuse Fund amount be set at $150,000 for FY-01; b) That in the interest of keeping trash rates the same, the Contractor's offer to defer to the FY-01 review of the CP.1 increase to which he is entitled by contract be accepted; c) That the City delay the 1% franchise fee increase (to 9%) for the same reason, and; d) That the rates for all of EDCO services to the City remain at the curent level, (i.e., established by Resolution 97-68) without an increase for FY-01. Subscript It should be noted that if approved, the history of the single family rate is shown below; FY-96 $14.85 FY-97 $14.36 FY-98 $13.95 FY-99 $13.95 FY-00 $13.95 Proposed FY-01 $13.95 Future: It should further be noted that preliminary review of pertinent factors indicate a FY-02 rate increase for the single family residence in the range of $0.70 to $1.00 per month, with corresponding increases in other EDCO services. RESOLUTION NO. 2000 — 66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REFUSE RATE RECOMMENDATIONS FOR FISCAL YEAR 2001 WHEREAS, the establishment of the rates for trash service is based upon estimates of the quantities of various components to be used (landfill quantities, recyclables sold and consumer price index) as related to the cost/price of such components; and WHEREAS, the rates for all of EDCO services to the City are anticipated to remain at the current level; and WHEREAS, the Refuse Fund amount for FY 2001 is $150,000; and WHEREAS, in the interest of keeping trash rate the same, Staff recommends that EDCO's offer to defer to the FY 2001 review of the CPI increase, to which he is entitled by contract, be accepted; and WHEREAS, the City should delay the 1% franchise fee increase (to 9%) for the same reason. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the refuse rate recommendations for FY 2001, as follows: a) The Refuse Fund amount is to be set at $150,000 for FY-01; b) That in the interest of keeping trash rates the same, the City accepts the Contractor's offer to defer to the FY-01 review of the CPI increase to which he is entitled by contract; c) The will City delay the 1% franchise fee increase (to 9%) for the same reason, and; d) The rates for all of EDCO services to the City will remain at the current level, (i.e., established by Resolution 97-68) without an increase for FY-01. PASSED and ADOP LED this 6th day of June, 2000. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney t E 6670 Federal Boulevard, Lemon Grove, California 91945 May 15, 2000 City of National City 1243 National Avenue National City, California 92050 1 (619) 287-7555 Fax: (619) 287-5242 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. After four straight rate reductions, EDCO is pleased to propose that the rates for the upcoming year be unchanged from current rates again this year, as they were the last two years. This rate stability is made possible by favorable results of landfill costs and recycling revenues compared to projections made last year. Consistent with last year's plans the Trash Enterprise Fund contribution will be the maintained for the coming year. EDCO has successfully automated the collection of curbside recyclables late last year to increase participation and reduce scavenging. Also, EDCO is pleased to defer an increase in rates related to cost of living increases in operating expenses this year. EDCO continues to offer a 20% discount for senior citizens in National City. As in prior years, EDCO's requests for rate increases have been subjected to independent review by the auditing firm of Deloitte & Touche. Their report supports our rate proposal. Please approve the attached rate schedule to be effective July 1, 2000. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation Edward Burr President Pnnled on Recycled Paper A WASTE COLLECTION AND RECYCLING COMPANY NATIONAL CITY RATE Sre'DULE July 1, 1997 PESO #97-68 RUBBISH AND GARBAGE 1. RESIDENTIAL MONTHLY RATE Per month residential single family properties $13.95 For the second and for each additional residential unit in multiple dwellings which do not exceed four units 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month 3. APARTMENT HOUSES One time per week, per unit, per month 4. SENIOR CITIZEN RESIDENTIAL 'er month 5. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (2) 40 gallon containers Or (1) 90 gallon automated cart Two times per week, per month Up to (2) 40 gallon containers Or (1) 90 gallon automated cart Three times per week, per month Up to (2) 40 gallon containers Or (1) 90 gallon automated cart Four times per week, per month Up to (2) 40 gallon containers Or (1) 90 gallon automated cart Daily (six days/Monday-Saturday) $11.00 $9.67 $9.82 $11.16 $ 15.99 $25.46 $32.72 $40.44 $52.82 Additional or unusual accumulation of rubbish (per cubic yard) $9.91 NATIONAL CITY RATE SCHEDULE July 1, 1997 BOX TYPE REFUSE SERVICE COLLECTION NUMBER FREQUENCY OF BINS MONTHLY RATE 1 1 $84.54 2 1 $142.71 3 1 5200.88 4 1 5260.76 5 1 5320.64 6 1 5380.52 7 1 5440.40 1 2 5144.42 2 2 5259.05 3 2 5373.668 4 2 5486.59 5 2 5599.51 6 2 5712.43 7 2 5825.34 1 3 $ 204.30 2 3 $371.97 3 3 5539.63 4 3 5705.58 5 3 5871.54 6 3 $1,037.49 7 3 $1,203.44 1 4 5264.18 2 4 5484.88 3 4 $705.58 4 4 $924.57 5 4 51,143.56 6 4 51,362.55 7 4 51,581.54 1 5 5324.06 2 5 5597.80 3 5 5871.54 4 5 $1,136.72 5 5 51,401.90 6 5 $1,667.08 7 5 $1,932.27 1 6 $383.94 2 6 S710.72 3 6 $1,037.49 4 6 $1,354.00 5 6 $1,670.51 6 6 $1.987.01 Deloitte & Touche Deloitte &Touche LLP Telephone:1619) 232-6500 Suite 1900 ITT Telex: 4995722 701 "B" Street Facsimile: 1619) 237-1755 San Diego, California 92101-8198 INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES Mr. Terry Macelvoy Public Works Department City of National City 2100 Hoover Avenue National City, California 91950-6599 We have performed the procedures enumerated in Attachment A, which were agreed to by the City of National City and EDCO Disposal Corporation ("EDCO") (collectively, "the Specified Parties"), solely to assist you and EDCO with respect to evaluating components of the fiscal 2001 refuse rate for the City of National City. This engagement to apply agreed -upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described in Attachment A either for the purpose for which this report has been requested or for any other purpose. We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report will not be used by, or circulated, quoted, disclosed, or distributed to, nor will reference to such report be made to, anyone who is not a member of the Specified Parties without the express written consent of Deloitte & Touche LLP ("D&T"). The parties hereby acknowledge that the report is intended solely for the information and use of the Specified Parties and is not intended to be used by anyone other than the Specified Parties. Not withstanding the foregoing, the City of National City may disclose such report to the extent required by any regulatory authority having jurisdiction over the City of National City, in which case the City of National City will cooperate with D&T in seeking appropriate protection for the disclosure and use of, and reference to, the report. `T�.�.�� L� P April 17, 2000 DeloitteTouche Tohmatsu ATTACHMENT A The procedures we performed, which relate primarily to your fiscal 2001 residential refuse rate, are summarized as follows: 1. We read EDCO's internally prepared financial statements for the eight months ended January 31, 2000, and the audited financial statements for the year ended May 31, 1999. We inquired of Dan Gallaher (Controller for EDCO), as to any changes in accounting policies and methods of application which might affect the fiscal 2001 refuse rate for National City. No changes which might affect the fiscal 2001 refuse rate for National City were identified. 2. We agreed the fiscal 2000 refuse rate from the prior year's calculation to the refuse rate used in the fiscal 2001 refuse rate calculation. 3. We obtained information from the U. S. Department of Labor - Bureau of Labor Statistics and agreed such information to the amount used in the Consumer Price Index ("C.P.I.") adjustment in the fiscal 2001 refuse rate calculation. We noted the Company elected not to request an increase related to the Consumer Price Index. 4. We recalculated franchise fees due to National City for the period from April 1, 1999 to March 31, 2000, to ascertain that they were calculated based on 8% of cash collected as reported in EDCO's underlying financial records. Recalculation was performed without exception. For the period July 1, 1999 to February 29, 2000, EDCO's contributions to the Enterprise Fund were based on the rates for the prior fiscal year. We examined evidence of a cumulative adjustment payment of $83,000 made in April 2000. 5. We read franchise fee remittances made to National City by EDCO for the period from April 1, 1999 to March 31, 2000 to ascertain that they were made on a monthly basis. 6. We agreed San Diego County estimated landfill tip fee of $32.00 per ton projected in the fiscal 2001 rate review process to the Agreement for Transfer and Disposal Services between Regional Solid Waste Association and EDCO Disposal Corporation. 7. We agreed actual tons of refuse collected to two judgmentally selected days in the period from July 1, 1999 to February 29, 2000 to the supporting landfill tickets. We determined that in one of our selections the landfill tickets had been double counted. Representatives from EDCO and the City of National City then requested additional procedures. Accordingly, we selected two additional days during the specified period and traced to supporting landfill tickets. The procedures performed on the additional selections were performed without exception. Additionally, it was determined that EDCO would perform a load and tonnage analysis for the period 3/99 to 2/00 and investigate amounts significantly in excess of average load and tonnage to determine if additional landfill tickets had been double counted. All load and tonnage amounts in excess of the average were traced back to original landfill tickets and representatives of EDCO indicated that none of the amounts in excess represented double counted landfill tickets. 8. We ascertained that one-time adjustments to the fiscal 2000 refuse rate were properly excluded from the fiscal 2001 refuse rate. -2- 9. We recalculated the difference between the actual annualized revenues from the sale of recyclables and the projected revenues from the sale of recyclables used in the fiscal 2000 refuse rate. Recalculation was performed without exception. 10. We agreed total tons of recyclable materials collected to underlying accounting records for two judgmentally selected months. From the underlying accounting records, we judgmentally selected five daily recyclable totals and agreed those totals to supporting work tickets. We determined the reasonableness of recycling rates as compared to three judgmentally selected recycling receipts. 11. We recalculated the effect of franchise fees on the fiscal 2001 refuse rate. Recalculation was performed without exception. 12. We recalculated the percentage effect of the yard waste disposal fee increase on the fiscal 2001 refuse rate. Recalculation was performed without exception. 13. We agreed coverage levels of insurance in force to the insurance provider's certificate of insurance to ascertain that such coverage was in compliance with contractual requirements. -3- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2000 AGENDA ITEM NO. 11 / ITEM TITLE ORDINANCE AMENDING TITLE 10 OF THE NCMC BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM PREPARED BY DEPARTMENT EXPLANATION Rudolf Hradecky, Esq. (I% City Attorney P.7, Please see attached Staff Report Environmental Review Financial Statement N/A (STAFF RECOMMENDATION X N/A Account No. Enact ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance Background material from the City of San Diego governing an ordinance to prohibit possession of Clonazepam without a prescription. A-200 (9/80) ORDINANCE NO. 2000 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM WHEREAS, during the 1984 Legislative session, the California Legislature amended Health and Safety Code Section 11357, Possession for Sale or Sale of Designated Controlled Substances, which had the unintended legal effect of making simple possession of several substances, including Clonazepam, legal; and WHEREAS, an increasing number of drug -facilitated sexual assaults are being reported in the vicinity of the City of National City; and WHEREAS, the drug Clonazepam has been linked to drug -facilitated sexual assaults, and is readily available without a prescription in Mexico; and WHEREAS, the administration of Clonazepam is difficult to detect, causes amnesia, and makes a person vulnerable to sexual or physical assault; and WHEREAS, the onset of the effects of Clonazepam may occur within minutes, at which time a victim often loses track of events, later waking up in an unfamiliar environment, inappropriately clothed and having been sexually assaulted; and WHEREAS, currently there is no law in the City of National City that prohibits simple possession of Clonazepam without a prescription, and immediate legislative action is therefore needed to protect the safety of the citizens of the City of National City; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, as follows: Section 1. That Title 10 of the National City Municipal is hereby amended by adding Chapter 10.21 and Sections 10.21.010 through 10.21.070, to read as follows: CHAPTER 10.210 POSSESSION OF CLONAZEPAM Sections: 10.21.010 Purpose. 10.21.020 Definitions. 10.21.030 Prohibitions on possession. 10.21.040 Enforcement authority. 10.21.050 Enforcement and remedies. 10.21.060 Strict liability offense. 10.21.070 Repeals. Section 10.21.010 Purpose. The City Council of the City of National City finds and declares that: A. There are documented police reports of Clonazepam being used to facilitate sexual assault. B. Currently, there is no state law that prohibits mere possession of Clonazepam without a valid prescription, and Clonazepam is readily and inexpensively available in Mexico. C. There is a current threat to the public safety and welfare, in that abuse of Clonazepam by juveniles and others facilitates other crimes due to its easy access, low price and powerful effect. D. Accordingly, until the Legislature enacts regulations restricting or prohibiting the possession of Clonazepam, it is necessary to prohibit its possession without a prescription in order to safeguard the public health, welfare and safety in the exercise of the City's police powers. Section 10.21.020 Definitions. "Clonazepam" means any drug, substance or compound, whether legal or illegal, that contains Clonazepam, as described in California Health and Safety Code Section 11057(d)(6). Section 10.21.030 Prohibitions on possession. Except as authorized by law and as otherwise provided in subdivision (b) or Article 7 (commencing with Section 4211) of Chapter 9 of division 2 of the Business and Professions Code, it is unlawful for any person to possess Clonazepam or any substance that contains Clonazepam without a valid prescription. Section 10.21.040 Enforcement authority. The Chief of Police is authorized to administer and enforce the provisions of this Chapter. The City Attorney and the Chief of Police respectively, may exercise any enforcement or prosecution powers provided in Title 1 of this Code. Section 10.21.050 Enforcement and remedies. Each violation of Section 10.21.030 is a misdemeanor punishable by a fine of $1,000, imprisonment for six months, or both, under Section 1.20.010. The City Attorney may, in addition, also seek injunctive relief and civil penalties in the Superior Court or pursue any other administrative remedy provided in Title 1 of this Code. Section 10.21.060 Strict liability offense. Violations of this Chapter shall be treated as strict liability offenses, regardless of intent. Section 10.21.070 Repeal. Unless amended, this Chapter 10.21 shall be automatically repealed and uncodified on the effective date of the enactment of State law regulating or prohibiting possession of Clonazepam without a prescription. 2000 Ordinance 2 Restricting Possession of Clonazepam Section 2. The City Clerk shall, upon the effective date following enactment of State law regulating or prohibiting the possession of Clonazepam, decodify this Chapter and cause its removal from the Municipal Code. PASSED and ADOPTED this 6th day of June, 2000. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2000 Ordinance 3 Restricting Possession of Clonazepam STAFF REPORT ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.21 AND SECTIONS 10.21.010 THROUGH 10.21.070, ALL PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM In 1984, the Legislature amended provisions of the Health and Safety Code, inadvertently making mere possession of Clonazepam not unlawful. Legislation has been introduced (AB 163, Wayne) to remedy this. However, it is unlikely to be enacted prior to January 1, 2001. Clonazepam is readily and cheaply available in Mexico without a prescription. Clonazepam is within the category of drugs called "date rape" drugs which have been used to facilitate sexual attacks upon unsuspecting victims who unknowingly ingest the drug. The District Attorney cannot prosecute persons for simple possession of Clonazepam, such as for a few capsules,. unless the quantity is large enough to be classified as possession for sale. Due to our proximity to the border and the number of incidents reported in the South Bay district, both the Chief of Police and the Supervising Deputy District Attorney, South Bay, concur that enactment of a local ordinance making simple possession without a prescription a misdemeanor will allow police to apprehend and, when necessary, impound Clonazepam from offenders, thereby restricting the availability of this substance and potentially reducing its threat. The District Attomey's Office has advised that it will prosecute any violators if this ordinance is enacted. The attached ordinance is patterned on an urgency ordinance enacted by the City of San Diego. Other cities are considering enacting comparable ordinances in order to coordinate law enforcement efforts. The proposed ordinance contains a "sunset" provision, i.e., it will be automatically repealed and decodified upon the effective date of any state law regulating or prohibiting the possession of Clonazepam without a prescription. Cline F. Boyerpine Jeffrey A. Ostend Chief Deputies Jamas L Aeldat David Dickerson inn T. Studebaker Avis! A, WeIW1an Deed D Ala Fiances S. Oorbin Robert 0. Skunks Michael R. Korey Michael J. Karsten James A. Marsala Roberto. Miller hay O. Ponall II Marguerite Roth William K. Stark Mlehsel H. Upson Christepher arks Principal Deputes Stale Capitol. Bulls 3021 Sacramento. CA 96au-.199$ (91S) 41340S7 Telecaster. (9u) 322-07ea Honorable Howard W 2170 State Capi Dear Mr. W state law? state law. Itirgislafivr Connsti of California orxtta BION M. GREGORY Sacramento, California November 22, 1999 Paul MBII Charles C. Aabm Jos J. Ayata. Lan K Bierman Mails L Bandanna Ann M °praetors Eileen J. Busmn Cady M. Carduee Edward Ned Cohn Emits Cider Ben E. Cale _ Byron.dani. Jr. Christopher Damn Clinton J. dowel Unda Oast Mauretn S. Dunn Sharon R. Fisher Clay Fuller Patriots R. Oates Debra Match Gibbons Shia K Gilbert Sonya Anne Brent Min O. Gress Eatabeth M. Orsse Mare Melee Hanks Janet Harrington Bekee S. Hob Thomas R. Heuer • QUESTION Is the simple possession of clonazepam prohibited by Lei Mn Jason Doha B. Judson M:ci:sel Rosen Kam Ed B. K odrpar Aubrey Leads L Erik Lange Feeds A. Les Diana G. Um Wilt S. Lade Mariana Meth, Anthony P. Marquez Frandaca A. Main JudyMne McGinley Peter Winked Abel Mrdios Da,. L Neville LWeord L Pope. Jr. Sharon Reilly Tan Ruts mamma B. °demo Jessica L Steele Christopher H. Stevens Ellen Sward Mark Franklin Tarry Jell Thom Richard B. Wetmore Karen L Zleknd leak G. Zeman OPINION . The simple possession of clonazepam is not prohibited by ANALYSIS By way of background, the terms "simple possession" and "possession for sale" are discussed in Witkin and Epstein, California Criminal Law, 2nd Edition, Section 1001, as follows: "(a) Simple Possession ... [involves] the following elements: (1) A specified controlled substance, in a sufficient quantity. (2) Possession, which may be physical or constructive, and exclusive or joint. (3) Knowledge of the fact of possession and of the illegal character of the substance." "Any person may be guilty of illegal possession, including doctors and pharmacists who acquire the substance otherwise than in compliance with the regulations governing lawful use. Honorable Howard Wayne - p. 2 - #24307 "(b) possession for Sale... necessarily requires] proof of the purpose o * * *" (Citations omitted.) Controlled substances are regulated under the Uniform Controlled Substances Act set forth in Division ond10 (commencing with Section 11000) of the Health and Safety t law, controlled substances are classified into five schedules, with Schedule I set forth in Section 11054 of the Health and Safety Code, Schedule II set forth in Section 11055 of the Health and Safety Code, Schedule III set forth in Section 11056 of the Health .and Safety Code, Schedule IV set forth in Section 11057 of the Health and Safety Code, and Schedule V set forth in Section 11058 of the Health and Safety Code. The term "controlled substance," unless otherwise specified, means a drug, substance, or immediate precursor that is Listed in any schedule in Section 11054, 11055,5511055, 1105), or 11058 of the Health and Safety Code 1 Section 11057 of the Health and Safety Code reads, in pertinent part, as follows: "11057. (a) The controlled substances listed in this section are included in Schedule IV. * * * "(c) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base. or alkaloid, in limited quantities as set forth below: "(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. "(2) Dextropropoxyphene (alpha-(+)-4- dimethylamino-1, 2-dipheny1-3-methy1-2- propionoxybuutane). . "(d) Depressants. Unless specificallyxcepted or unless listed in another schedule, any me compound, mixture, or preparation which contains g p substances, including any quantity of the following its salts, isomers, and salts of isomers whenever the existence of those salts,.isomers, and salts of Honorable Howard Wayne - p. 3 - #24307 isomers is possible within the specific chemical designation: * * * "(6) Clonazepam. Thus, the controlled substance clonazepam is listed in Schedule IV (para. (6)-,. subd. (d), Sec. 11057, H.& S.C.). It is classified under that schedule as a depressant and not as a narcoticdrug(compare subds. (c) and (d), Sec. 11057, H.& S.C.). Under the Uniform Controlled Substances Act, Chapter 6 (commencing with Section.11350) sets forth offenses and penalties involving controlled substances. Article 5 (commencing with Section 11377) of that chapter pertains to offenses involving specified controlled substances, including nonnarcotic Schedule IV drugs. Section 11377 of the Health and Safety Code reads, in pertinent part, as follows: "11377. (a) ... every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison. Thus, it is a•misdemeanor or a felony for any person to possess any controlled substance that is classified in Schedule IV and is not a narcotic drug, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state (subd. (a), Sec. 11377, H.& S.C.). An exception to the general rule of Section 11377 of the Health and Safety Code is contained in Section 11375 of the Health and Safety Code,"which reads as follows: "11375. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. "(b) Every person who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county Honorable Howard Wayne - p. 4 - #24307 jail for a period of not more than one year or state prison. "(c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: "(1) Chlordiazepoxide. "(2) Clonazepam. * * *11 (Emphasis added.) Thus, Section 11375 of the Health and Safety Code provides that, as to the substances specified in subdivision (c), Section 11375 of the Health and Safety Code, and not Sections 11377, 11378, 11379, and 11380 of the Health and Safety Code,1 shall apply. Clonazepam is one of the substances specified in subdivision (c) of Section 11375 of the Health and Safety Code (see para. (2), subd. (c), Sec. 11375, H.& S.C.). As a result, Section 11375 of the Health and Safety Code, and not Section 11377, 11378, 11379, or 11380 of the Health and Safety Code, applies to any controlled substance offense involving clonazepam. In particular, with respect to a simple possession offense involving clonazepam, Section 11375 of the Health and Safety Code applies rather than Section 11377 of the Health and Safety Code. Section 11375 makes it a misdemeanor or a felony for any person to possess for sale, or sell, any of the substances specified in subdivision (c). Section 11375 does not make simple possession a criminal offense. Thus, while Section 11377 of the Health and Safety Code generally makes simple possession of nonnarcotic Schedule IV drugs a crime, Section 11375 of the Health and Safety Code makes an exception to this general rule for specified nonnarcotic Schedule IV drugs, including clonazepam. Further, while 1 Section 11378 of the Health and Safety Code proscribes the possession for sale of specified controlled substances, including nonnarcotic Schedule IV drugs; Section 11379 of the Health and Safety Code proscribes the transporting, importing into this state, selling, furnishing, administering, or giving away of the same specified controlled substances; and Section 11380 of the Health and Safety Code proscribes the use or inducement of a minor by an adult to commit controlled substance offenses involving the same specified controlled substances. Honorable Howard Wayne - p. 5 - #24307 Section 11375 of the Health and Safety Code proscribes the possession for sale or sale of clonazepam, it does not proscribe the simple possession of clonazepam. To summarize, the possession of many controlled substances is specifically made a crime by the Uniform Controlled Substances Act. Furthermore, the sale or possession for sale of clonazepam is made_a crime by that act. However, the simple possession of clonazepam is not a crime under the Uniform • Controlled Substances Act. You have asked us to consider Section 4060 of the Business and Professions Code. That section, which is part of an article regarding the permissible scope of practice of a pharmacist/pharmacy subject to, and exemptions to the application of, the Pharmacy Act, is• contained in Article 3 (commencing with. Section 4050) of Chapter 9 of Division 2 of the Business and . Professions Code. The section reads, in pertinent part, as follows: "4060. No person shall possess any controlled substance, except that furnished to a person upon the prescription of a physician, dentist, podiatrist, or veterinarian. This section shall not apply to the possession of any controlled substance by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly labeled with thename and address of the supplier or producer." While it may be argued that Section 4060 of the Business and Professions Code would apply to make the simple possession of clonazepam a crime, we think that the legislative history of Section 11375 of the Health and Safety Code and Section 4060 of the Business and Professions Code and the applicable rules of statutory construction present a potent counter to that. argument. Chapter 1635 of the Statutes of 1984 (hereafter "Chapter 1635") amended Section 11375 of the Health and Safety Code to exempt clonazepam from the application of Sections 11377, 11378, 11379, and 11380 of the Health and Safety Code. That statute also amended Section 4230 of the Business and Professions Code (the predecessor to Section 4060 of the Business and Professions Code) to read essentially the same as the current version of Section 4060 of the Business and Professions Code. The rules of statutory construction provide that a statute is to be construed so as to harmonize its various parts within the legislative purpose of the statute as a whole (Wells v. Marina City Properties, Inc. (1981) 29 Ca1.3d 781, 788), and if Honorable Howard Wayne - p. 6 - #24307 possible, with other laws relating to the same subject (Isobe v. Unemployment Ins. Appeals Bd. (1974) 12 Ca1.3d 584, 590-591). An analysis of A.B. 3876, as amended April 5, 1984, (which, when enacted, became Chapter 1635), by the Assembly Committee on Criminal Law and Public Safety states that one of the purposes of A.B. 3876 was to "(a)dd 20 new controlled substances (see attached chart) with penalties for possession, possession for sale, and sale, that are currently regulated by federal law but are not covered by state schedules, to the revised state schedules " The chart that is attached to this analysis sets forth these 20 new controlled substances and their penalties. Item 16 sets forth a group of sedative, hypnotic, or depressant controlled substances that includes clonazepam2 and indicates that those controlled substances are placed in Schedule IV under federal law (21 C.F.R. 1308.14(c)), and indicates that those controlled substances would be placed in Schedule IV under state law with the enactment of A.B. 3876 (see Sec. 11057, H.& S.C.) , with offense penalties of incarceration in county jail or state prison for possession for sale or sale and no penalty for simple possession. We think that while the Uniform Controlled Substances Act generally prohibits the possession, possession for sale, and sale of Schedule IV nonnarcotic drugs, it is the purpose of Section 4230 of the Business and Professions Code to provide an exception to this general rule by authorizing the possession of these drugs upon the prescription of a physician, dentist, podiatrist, or veterinarian (see also Sec. 11377, H.& S.C.). Thus, in our view, Section 4230 of the Business and Professions Code is not intended as a separate, additional prohibition upon the possession of controlled substances. To the extent that there is any conflict between the Uniform Controlled Substances Act and Section 4230, we think that the penalty provisions of the Uniform Controlled Substances. Act constitute special statutes that prevail over the general statute of Section 4230 of the Business and Professions Code (see People v. Kessler (1967) 250 Cal.App.2d 642, 650) . Section 11375 of the Health and Safety Code provides a further exception to the general rule that prohibits only possession of controlled substances by prohibiting the possession for sale or sale of specified controlled substances, 2 Item 16 sets forth diazepam, chlordiazepoxide, and flurazepam as illustrative of the group of controlled substances in question. These three controlled substances, as well as clonazepam, are listed together in subdivision (c) of Section 1308.14 of Title 21 of the Code of Federal Regulations, which sets forth the drugs and other substances classified in Schedule IV of the federal uniform controlled substances act. Honorable Howard Wayne - p. 7 - #24307 including clonazepam. The mere possession of the controlled substances specified in Section 11375 of the Health and Safety Code, without a prescription, is not prohibited by state law. Accordingly, it is our opinion that the simple possession of clonazepam is not prohibited by state law. SRF:sjm Very truly yours, Bion M. Gregory Legislative Counsel By 10 6v;14 c.►./ k, 514, Sharon R. Fisher Deputy Legislative Counsel TOTAL P.09 AB 163 Page 1 Date of Hearing: January 4, 2000 Counsel: Gregory Pagan - ASSEMBLY COMMITTEE ON PUBLIC SAFETY Mike Honda, Chair AB 163 (Wayne) — As Amended: January 3, 2000 SUMMARY: Makes the possession of clonazepam a misdemeanor punishable by imprisonment in the county jail for a period of not more than one year. Specifically, this bill provides that every person who possesses clonazepam, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice law in California, shall be punished by imprisonment in the county jail for a period of not more than one year in the county jail. EXISTING LAW: 1) Provides that every person who possesses for sale or who sells clonazepam shall be punished by imprisonment in the county jail for a period of not more than one year, or by imprisonment in the state prison for 16 months, 2 or 3 years. (Health and Safety Code Section 11375.) 2) Provides that clonazepam is a Schedule IV controlled substance. (Health and Safety Code Section 11057.) 3) Classifies controlled substances in five schedules according to their danger and potential for abuse. Schedule I substances are the most restricted, and Schedule V the least restricted. (Health and Safety Code Sections 11054 —11058.) FISCAL EFFECT: Unknown COMMENTS: 1) Author's Statement. According to the author, "Current law does not prohibit the simple possession of clonazepam. Clonazepam is an extremely strong prescription medication used for the treatment of anxiety. Unfortunately, clonazepam is being used as a recreational drug by some juveniles and adults. The pills can be easily obtained in Mexico, without a prescription, and brought into the. United States. The drug produces serious motor impairment, disorientation, sleep that cannot be aroused, amnesia,and if ingested in very high doses it could lead to coma and respiratory failure. Effects begin in about 15 to 20 minutes depending on the mode of ingestion and can last up to 12 hours. Clonazepam can commonly be found in high schools, on college campuses and at parties. It is used to facilitate rape and other assaults. Sometimes, it is administered to unknowing victims by putting it in their drink. "Clonazepam pills are sold for as little as a dollar, and are called the 'dollar a date' drug by many who use it. AB 163 will make it a misdemeanor to possess clonazepam without a prescription. I believe we must do everything in our power to stop the proliferation of 'date AB 163 Page 2 rape drugs'." 2) Background. Clonazepam is a Schedule IV controlled substance. It is an anticonvulsant with pharmacologicalprofile similar to other anxiolytic/sedative benzodiazepines. Clonazepam is • capable ofsuppressing the spike and wave discharge in absence seizures (petit mat) and decreasing the frequency, amplitude, duration and spread of discharge in minor motor seizures. Health and Safety Code Section 11377 (a) provides that every person who possesses ariy controlled substance classified as Schedule III, IV, or V and is not a narcotic drug, without a prescription from a physician, dentist, podiatrist, or veterinarian licensed to practice in California, shall be punished by imprisonment in a county jail for a period of not more than one year. Health and Safety Code Section 11375 makes it an alternate misdemeanor/felony for any person to possess for sale, or sell clonazepam. Health and Safety Code Section 11375 also creates an exception to the general rule with regard to the simple possession of clonazepam. Thus, the simple possession of clonazepam is not a criminal offense. This bill eliminates this exception, and makes the simple possession of clonazepam a misdemeanor punishable by up to one year in the county jail. 3) Juvenile Abuse of Clonazepam. According to juvenile officers of the San Diego Police Department, there has been a huge increase in the amount of Rivotril (clonazepam) by juveniles in the City of San Diego. Rivotril is referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate rape. The drug has hypnotic, sedative, and central nervous system depressive action. When mixed with alcohol, the drug's effects are enhanced. Rivotril has similar effects as Rohypnol, which can be a felony to possess, but the simple possession of Rivotril is not a criminal offense. Abuse of Rivotril is frequently seen in San Diego because of San Diego's proximity to the Mexican Border. Rivotril can be obtained in Mexico by juveniles, without a prescription, for as little as 25 cents a tablet. Rivotril is more common for teenagers to possess than marijuana. It is cheaper, easier to conceal, and more readily available. The "word on the street" is that there are no legal repercussions for possessing the drug. Rivotril is.used more. frequently than Rohypnol in sexual assaults. Such a dangerous drug should be illegal to possess. Unless the state makes the possession of Rivotril illegal, there will be an increased use and abuse of this drug. REGISTERED SUPPORT / OPPOSITION: Support Los Angeles County District Attomey's Office Opposition None on File Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 CITY OF SAN DIEGO • MEMORANDUM DATE: October 1, 1999 TO: Don MacNeil, Deputy District Attorney, County of San Diego FROM: Debra Lance, Sergeant, Southern Division Juvenile Services Team SUBJECT: Request for New Legislation (Re: RivotrillClonazepam) PROBLEM: Rivotril (Clonazepam), a Schedule IV controlled substance, is currently not illegal to possess. We have seen an increase in the amount of Rivotril in the hands of the juveniles in Southern Division and we are powerless to address the issue. SOLUTION: Provide emergency legislation to assist us in keeping this. dangerous drug out of the hands of juveniles in our community. DISCUSSION: During the last few months, we have seen a huge increase in the amount of Rivotril that is coming into the hands of the juveniles in Southern Division. Rivotril is referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate rape. This drug has hypnotic, sedative, CNS (central nervous system) depressive action. When mixed with alcohol, the drug's effects are enhanced. Taking this drug may cause the victim to lose consciousness. If the victims remain conscious they may be so incapacitated by the drug, that they are unable to fend off the sexual assault. The victim may also experience amnesia. We have been aggressively trying to remove this dangerous drug from our community. We previously received training that possession of Rivotril was a felony under 11377(a) H&S. However, we recently received a legal opinion from the District Attorney's office that Rivotril (Clonazepam), a Schedule IV controlled substance, is not illegal to possess. It is only illegal to possess for sale or to sell (11375 H&S). This leaves us with no identified legal remedy to address the problem of a juvenile who has one or two tablets in their pockets. Rivotril has similar effects as Rohypnol, which is a felony to possess under 11377(a) H&S. The difference is, Rohypnol is not legal to possess in the United States. Clonazepam is a commonly prescribed drug for anxiety or seizure disorders. Southern Division sees the majority of this drug due to the proximity to the Mexican Border. Rivotril can be easily obtained in Mexico. Kids have told us that they purchase the Rivotril tablets for 25 cents a tablet and sell them for a dollar a tablet. Officer C.J. Green, one of our School Task Force officers, who works at Southwest High School said, "Rivotril is more common for teenagers at Southwest to possess than marijuana. It is cheaper, easier to conceal, and more readily available." The "word on the street" is that there are no repercussions for possessing this drug. Sergeant Archambault'of the Sex Crimes Unit tells me that Rivotril is now used more often than Rohypnol in drug facilitated sexual assaults. Victims often take this drug not knowing its effects or someone crushes the tablet to powder and then puts it in the victim's drink without the victim's knowledge. It is currently illegal -for a minor to possess tobacco or alcohol. Common sense dictates that a dangerous drug like Rivotril should also be illegal to possess. However, it seems that we have no legal right to attempt to alleviate this problem, as it is not illegal to posses. Unless something is done immediately, I fear an increased use and abuse of this drug. We have asked for an opinion from our City Attorney about how officers are to proceed with this issue. For example: Although we have no legal right to seize the drug for mere possession, what civil liability will there be if an officer doesn't seize the drug from a juvenile and the juvenile later overdoses from the drug or is a victim/suspect in a sexual assault? Thank you in advance for your prompt attention to this serious issue facing the health and welfare of the children of Southern Division. Please feel free to call me at 424-0425 if you have any questions. Debbie Lance, Sergeant Southern Division, Juvenile Services Team cc: Fred Moeller, Captain, Southern Division GREGORY THOMPSON ASSISTANT DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SAN DIEGO PAUL J. PFINGST DISTRICT ATTORNEY September 14, 1999 South Bay Branch office 500 Third Avenue Chula visa. CA 91910-5694 (619) 691-4695 Captain Fred Moeller San Diego Police Department -Southern 1120 27th Street San Diego, CA 92154 Re: Herh & Safety Code § 11375 and Business & Professions Code § 4060 Dear Capt oeller: I am writing this letter to you to inform you that our office has decided not to file misdemeanor charges (Business and Professions Code section 4060) against individuals found to possess drugs covered by Health and Safety Code section 11375. The Legal Policies Committee of our office made this decision after a thorough evaluation. I have enclosed a copy of the above two statutes with this letter. Of course, our office will continue to file cases in which a person possesses the drugs for sale or transportation. Business & Professions Code § 4060 is contained within the Healing Arts division of the Business & Professions Code and is designed to regulate pharmacists. There was also a recent Court of Appeal case (People v. Denison, (1998) 67 CaLApp.4, 962 and 68 Cal.App.4`s.1283a) in which the justices chastised the Attorney General for suggesting that a person possessing a small quantity of valium could be prosecuted under Business & Professions Code § 4060. The court stated that allowing prosecutions under Business & Professions Code § 4060 would conflict with the plain meaning of Health & Safety Code § 11375 and defeat its purpose. While Denison has now been depublished and is therefore not citable as authority, the committee agreed with its analysis and thus we will not file misdemeanor cases. Captain Fred Moeller. September 14, 1999 Page 2 Does this effect'your officers? Yes. Your officers need to be very careful before arresting people for 'simple possession' of those drugs. They need to make sure that any seized drugs are in fact drugs contained within Health & Safety Code § 11377 and not Health & Safety Code § 11375. If you have any questions, please feel free to call me at 691-4909. .Yours truly, \-) avid Greenberg Chief South Bay Branch Enclosures (3) § 11375. Possession for sale or sale of designated controlled substances; application of section; punishment Text of section operative until the terms of Section 3 . _of Stats.1996, c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. • (b) Every person. who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply to any material, containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. (3) Clorazepate. (4) Diazepam. (5) Flurazepam. (6) Lorazepam. (7) Mebutamate. (8) Oxazepam. (9) Prazepam. (10) Temazepam. (11) Halazepam. (12) Aiprazolam. (13) Propoxyphene. (14) Diethylpropion. (15) Phentermine. (16) Pemoline. (17) Fenfluramine. (18) Triazolam. (Added by Stats.1984, c. 1635, § 63.) (Amended by Stats.1992, c. 616 (S.B.2013), § 3.) For text of section operative when the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, post. compound, mixture, or preparation § 11375. Possession for sale or sale of designated controlled substances; application of section; Text -of section operative when the terms of Section 3 of Stats:1996, c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply. (b) Every person•who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. (3) Clorazepate. (4) Diazepam. (5) Flurazepam. (6) Lorazepam. (7) Mebutamate. (8) Oxazepam. (9) Prazepam. (10) Temazepam. (11) Halazepam. (12) Alprazolam. (13) Propoxyphene. (14) Diethylpropion. (15) Phentermine. (16) Pemoline. (17) Triazolam. (Added by Stats.1984, c. 1635, § 63.) (Amended by Stats.1992, c. 616 (S.B.20.13), § 3; Stats.1996, c. 109 (S.B.1426), § 2, eff. July 1, 1996.) For text of section operative until the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, ante. § 4060. Controlled substances; possession No person shall possess any controlled substance, except that furnished to a - person upon the precription of a physician, dentist, podiatrist, or veterinarian. This section shall not 'apply to the possession of any controlled substance by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly labeled with the name and address of the supplier or producer. (Added by Stats.1996, c. 890 (A.B.2802)., § 3. Amended by Stats.1997, c. 549 (S.B.1349), § 40.) § 11375. Possession for sale or sale of designated controlled substances; application of section; -- _�Claw Texto_f section operative when the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met. (a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 41379, and 11380, shall apply. (b) Every person•who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for a period of not more than one year or state prison. (c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: (1) Chlordiazepoxide. (2) Clonazepam. (3) Clorazepate. - (4) Diazepam. (5) Flurazepam. (6) Lorazepam. (7) Mebutamate. (8) Oxazepam. (9) Prazepam. (10) Temazepam. (11) Halazepam. (12) Alprazolam. (13) Propoxyphene. (14) Diethylpropion. (15) Phentermine. • (16) Pemoline. (17) Triazolam. (Added by Stats.1984, c. 1635, § 63.) (Amended by Stats.1992, c. 616 (S.B.2013), § 3; Stats.1996, c. 109 (S.B.1426), § 2, eff. July 1, 1996.) For text of section operative until the terms of Section 3 of Stats.1996, c. 109 (S.B.1426) are met, see Health and Safety Code § 11375, ante. § 4060. Controlled`substances;. possession No person shall possess any controlled, substance, except that furnished to a person upoi the prescription of a physician, dentist, podiatrist, or veterinarian.. This section shall noVapply to the possession of any controlled substance.by a manufacturer, wholesaler, pharmacy, physician, podiatrist, dentist, or veterinarian, when in stock in containers correctly. labeled with the name and address of the supplier or producer. 3. Amended by Stats.1997, c. 549 (Added by Stats.1996, c. 890 (A.B.2802),. § (S.B.1349), § 40.) DATE ISSUED: REPORT NO: ATTENTION: Honorable Mayor and City Council Agenda of SUBJECT: Amendment to San Diego Municipal Code Article 2 by adding Division 32 and new Sections 52.3201, 52.3202, 52.3203, 52.3204, 52.3205, and 52.3206. SUMMARY Issues - Should the City of San Diego create an emergency ordinance to amend the Municipal Code requiring a valid prescription for the simple possession of Clonazepam. Manager's Recommendations - Approve the adoption of the emergency ordinance. Other Recommendation — None Fiscal Impact — No fiscal impact to the City is expected. The new ordinance will allow law enforcement to arrest individuals who possess Clonazepam without a prescription. The enforcement of the new ordinance would be assimilated into normal day-to-day police activities. BACKGROUND, Prior to the 1984 Legislative Session, the possession of Clonazepam, without a prescription, was a felony per section 11377 of the Health and Safety Code. Clonazepam is a specified, Schedule IV, nonnarcotic drug. During the 1984 Legislative Session, Assembly Bill 3876, amended the Health and Safety Code creating a new statute making it a misdemeanor or a felony for any person to possess for sale, or sell, any of the substances listed as Schedule IV, nonnarcotic drugs. The language used in the creation of Assembly Bill 3876 unintentionally negated portions of Section 11377 of the Health and Safety Code and allowed persons to possess Clonazepam without a Doctor's prescription. Clonazepam is an extremely strong prescription medication used in the treatment of anxiety disorders. It is an anticonvulsant with a pharmacological profile similar to other anxiolyticJsedative benzodiazepines. Unfortunately, Clonazepam is being used as a recreational drug by adults and is quickly becoming a drug of choice for juveniles. Clonazepam can be easily obtained in Mexico, for approximately $.25 a pill, without a prescription, and resold in the United States for approximately $1.00 per pill. The drug produces serious motor impairment, disorientation, amnesia, and if ingested in high doses could lead to coma and respiratory failure. Clonazepam is commonly found in junior high schools, high schools, and college campuses. There are several documented cases where Clonazepam was used to facilitate sexual assaults. The San Diego Police Department reports a steady increase in the abuse of this drug by juveniles. Clonazepam is commonly referred to on the street as a "dollar date" because each tablet costs a dollar and is one of the drugs used to facilitate a sexual assault. Due to the hypnotic, sedative and nervous system depressive action of Clonazepam„ its effects are enhanced when mixed with alcohol. Clonazepam's popularity with juveniles and adults is increasing. Currently, police officers have no authority to seize these dangerous drugs from adults or juveniles who are in simple possession of them without a prescription. The State of California is attempting to correct the legal loophole created with the 1984 Assembly Bill 3876. On January 4, 2000, Assemblyman Howard Wayne introduced Assembly Bill 163. The new bill, if approved would make it a misdemeanor to possess Clonazepam without a valid prescription. Assembly Bill 163 is due for a Senate vote in June 2000. Once approved, the bill would become law on January 2001. We request the enactment of an emergency ordinance that would immediately allow law enforcement personnel to arrest individuals who possess Clonazepam without a valid prescription. The emergency ordinance, when enacted, would protect juveniles and adults from the dangers of this potent drug. In addition, it would help decrease the use of Clonazepam in sexual assaults. We request that the City Attorney and the Chief of Police be authorized to administer and enforce the provisions of the municipal code. Violations of the code should be prosecuted as misdemeanors and subject to fines and custody in the county jail. ALTERNATIVE None -2- Respectfully submitted, ave Bejarano Chief of Police BEJARANO/RJK -3- Approved: Michael Uberuaga City Manager i[EGO UNION -TRIBUNE • TUESDAY, APRIL 18, 2000 iniummumins IAIDD / Union -Tribune sentenced ice officer. San Diego restricts medication reportedly used in 'date rapes'. By Kelly Thornton STAFF WRITER The San Diego City Council took the unusual step yesterday of creat- ing an emergency law that immedi- ately makes it illegal to possess the anti -anxiety drug Clonazepam with- out a prescription. Council members adopted the or- dinance without debate a few days after Police Chief David Bejarano warned that the drug is increasingly being used for sexual assaults. "It's being used for date rape and that's what we're trying to combat," City Councilman Juan Vargas said during yesterday's meeting. San Diego police Ix. Bon Kanaski of the countywide Narcotics Task Force said the drug is becoming more prevalent among youths, with reports, of the pills being found on school campuses several times a week. The drug is similar to Rohypnol, or "roofies," which gained notoriety as the 'first so-called date rape drug. Both drugs can cause amnesia or serious motor impairment, and if ingested in high doses could lead to coma or respiratory failure. . . Also, the use of either drug poses a challenge for police because traces disappear from the blood stream in eight to. 24 hours, and many women who become victims ingest the drug unwittingly. Often an attacker drops the pills in a vic- t[m's drink Police are aware of two cases in which Clonazepam was used to sex- ually assault women, Kanaski said. However, authorities suspect the drug is being usedby sexual preda- tors more frequently. The pills cost about 25 cents apiece in Mexico and are resold here for about $1 each, earning them the ; street name of "dollar date." The new law means San D police officers are among the the state to be given the green light to arrest people who possess Clone- zepam without a doctor's approval:" Before 1984, possession of Cloiia- zepam without a prescription illegal, but the law was changed year to make possession legal / without a doctor's prescriptions Assembly bill has been'introd that would close the loophole make possessionillegal once ag But if that law Asses an signed by/the governor, itwoul -, become effective until January. City Council's action yesterday ers that gap. The cases would be prose. as misdemeanors punishable fines, jail, or both d statement in thy he believes Carrier Pier, which would be improved,. ac- . • Chuck Nichols;' the "muse, t' cording to the City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2000 AGENDA ITEM NO. ! ITEM TITLE OLD BUSINESS 12 PROPOSAL FOR A FISCAL IMPACT ANALYSIS FOR THE ANNEXATIONNOF LINCOLN ACRES (Continued from May 24, 2000) PREPARED BY Roger Posf, Panning Director DEPARTMENT Planning EXPLANATION. At the May 24, 2000 meeting of the City Council, a proposal from Hofman Planning Associates to perform a fiscal analysis for the possible annexation of Lincoln Acres was considered. As a full Council was not present, the item was held over to this meeting. Under discussion, Council asked if the four unincorporated parcels south of Sweetwater Heights Park would be included. Staff researched this question and determined that these lots are in the Bonita-Sunnyside Fire Protection District, not Lower Sweetwater. LAFCO staff advises that they could be reviewed in an overall examination of the area, but since different issues and agencies are involved, it would not be appropriate to include them in the Lower Sweetwater action. A follow-up procedure would be necessary. The option of participating with LAFCO in a joint fiscal analysis was also discussed at the last Council meeting. Although they do not have a proposal, LAFCO staff anticipates that the total cost of such an effort using their consultant would be $15,000 to $20,000. Environmental Review X N/A Financial Statement Contract would not exceed $14,500. Account No STAFF RECOMMENDATION Authorize staff to go forward with a contract. BOARD/COMMISSION RECOMMENDATION N/A TT CHMENTS (Listed Below) Council agenda statement from May 24, 2000 Proposal from Hofman Planning Associates Resolution No. A-200 (Rev. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE May 24, 2000 ITEM TITLE AGENDA ITEM NO. PROPOSAL FOR A FISCAL IMPACT ANALYSIS FOR THE ANNEXATION OFOFLINCOLN ACRES PREPARED BY Roger Post, Planning Director DEPARTMENT Planning EXPLANATION. At their April 25, 2000 meeting the City Council discussed the possibility of Lincoln Acres annexing to National City. This has been raised as an alternative by LAFCO staff in reviewing the proposed dissolution of the Lower Sweetwater Fire Protection District. Since the economic effects on National City from such a reorganization are unclear, staff was directed to look into the preparation of a fiscal impact analysis. Staff has been in contact with Hofman Planning Associates, a Carlsbad based consulting firm with considerable experience in this type of work. They have submitted the attached proposal with a total cost of services not to exceed $14,500. If Council wishes to go forward with this effort, staff will prepare the necessary contract documents. Environmental Review X N/A Financial Statement Contract would not exceed $14,500. Account No. STAFF RECOMMENDATION Authorize staff to go forward with a contract. BOARD/COMMISSION RECOMMENDATION N/A ATTACKMENTS (Listed Below) Resolution No. Proposal from Hofmar Planning Associates • A-200 (Rev. 9/80) Hofman Planning Associates Planning Project Management Fiscal Analysis May 9, 2000 Roger Post Director of Planning 1243 National City Boulevard National City, CA 91950-4301 NATIONAL CITY PLANNING DEPARTMENT MAY 10 Z000 SUBJECT: Proposal for a Fiscal Impact Analysis for the Annexation of the Area Known as Lincoln Acres Dear Roger: I appreciate your considering Hofman Planning Associates for the preparation of the Fiscal Impact Analysis associated with the proposed dissolution of the Sweetwater Fire Protection District area and its annexation into National City. I know that we can complete a fiscal impact analysis that will allow you and the City Council to make a determination regarding fiscal viability of annexing the area in question. The attached "Scope of Work" provides a list of the tasks that Hofman Planning Associates will complete for the proposed project. The total cost for services is based on time and materials not to exceed $14,500. If the attached "Scope of Work" is acceptable, please send a copy of the city's fee agreement form with our scope of work for my signature. HPA will begin work immediately upon your authorization to proceed. If you have any questions regarding this proposal, please give me a call. Thank you again for considering Hofman Planning Associates for the preparation of the fiscal impact analysis. Sincerely, ,,-e-e Bill Hofman BH:EM attachments 5900 Pasteur Court = Suite 150 - Carlsbad a CA 92008 a (760) 438-1465 = Fax: (760) 438-2443 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 02 EXHIBIT "A" SCOPE OF WORK FISCAL IMPACT ANALYSIS OF THE AREA KNOWN AS LINCOLN ACRES This scope of work indudes the tasks to be completed by Holman Planning Associates (HPA) to conduct a Fiscal Impact Analysis for the area known as Lincoln Acres. The analysis would provide the fiscal impacts of the dissolution of the Lower Sweetwater Fire Protection District and the annexation of Lincoln Acres into National City. This analysis will result in an approximation of the yearly impact the proposed annexation area wilt have on the National City's annual budget. Following is an outline of the tasks to be completed by Hofman Planning Associates for this study: I. DATA COLLECTION A. Review the National City 1999-2000 Budget to identify all applicable revenue and expenditure sources for National City. B. Conduct interviews with the following departments and agencies to determine existing levels of services and their respective service costs: - Engineering Department - Police Department - Fire Department - Parks and Recreation Department - City Library - City Finance Department Compare service costs with those calculated from the City Budget and resolve any discrepancy. C. Contact the following departments and agencies as needed to determine existing levels of service and service costs: LAFCO, County Public Works, County Sheriff, County Library System, County Sanitation District. Compare service costs with those calculated from the City Budget and resolve any discrepancy. D. Research assessed property values for the annexation area and insert them into a spreadsheet format based on the assessor parcel number. Determine existing sales tax revenue that has been collected for commercially designated parcels within the study area. COST: $7,000 05/11/2660 14:54 7664382443 HOFMAN PLANNING PAGE 03 IL ANALYSIS OF DATA A. Using the City Budget, calculate revenues and expenditures on a per unit basis and apply these base costs to the proposed annexation area to provide an estimate of future impacts to the City Budget. B. Review tax rates and the Master Property Tax Transfer Agreement to use as basis for determining property tax revenues. C. Estimate the sales tax revenue that would be derived from commercially zoned or designated properties within the study area. III. REPORT PREPARATION A. Prepare a draft fiscal impact analysis report that identifies the impacts of the proposed project on the annual revenues and expenditures of National City's General Fund. The methodology and assumptions used for the fiscal impact analysis will be included in the report and are briefly described as follows: The fiscal impact analysis will utilize an average cost analysis methodology in combination with information obtained through service -specific interviews with the appropriate public officials. Average cost analysis is a conservative method that assumes revenues generated by the project cover not only the incremental cost of additional services, but also a share of fixed costs that are generated by National City, the maintenance of public facilities, and other citywide services. The average costs will be analyzed based on budgeted revenues and expenditures identified in the City Budget for the fiscal year (FY} 1999-2000. Service -specific interviews with public officials will identify current levels of services and any anticipated changes that may affect the cost of services. The analysis will incorporate this information to help explain and justify projected excesses or deficiencies that may result as part of the proposed annexation. B. Prepare exhibits and tables necessary to support the text. C. Revise fiscal impact analysis report based on comments received from various departments within National City, and final comments received from the City Council. D. Provide final documents in a reproducible format. COMBINED COST FOR ANALYSIS AND REPORT PREPARATION: $7,000 05/11/2000 14:54 7604382443 HQFMAN PLANNING PAGE 04 III. PUBLIC MEETING A. Prepare for and attend a City Council Meeting workshop to go over results of the fiscal impact analysis and address any issues of concern. Notes: COST: 3500 Total Proposal Cost: S14,500 A. Since it is difficult to estimate the ultimate number of meetings to be held and also to minimize costs as much as possible, any additional meetings to those stated above will be billed separately on a time and materials basis according to the attached fee schedule. Any additional meetings must be authorized by the Planning Director. B. Any additional studies or time-consuming research requested by the city that would not normally be part of this type of analysis is outside the scope of this contract and would be billed on a time and materials basis. Assumptions - A. The City will provide HPA with all available Assessor Parcel information for Lincoln Acres based on data provided by Metroscan. B. The City will make every effort to coordinate City interview meetings to fall on the same day. Meetings falling on separate days due to unavoidable circumstances will not affect this contract. C. If the project is put on hold by the City for reasons that the consultant has no control over, additional costs may be necessary to compensate for the start up time to get the project back on track. 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 05 EXHIBIT "B" Holman Planning Associates Professional Service Rates President $135.00 per hour Principal Planner I $125.00 per hour Principal Planner it $115.00 per hour Senior Planner $ 95.00 per hour Associate Planner $ 85.00 per hour Assistant Planner $ 75.00 per hour Administrative Assistant $ 55.00 per hour Clerical $ 45.00 per hour These rates shall be subject to periodic adjustments 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 06 WILLIAM N. HOFMAN President EDUCATION M.A. San Diego State University, San Diego, 1977, Geography B.A. University of California, Los Angeles, 1975, Geography -Ecosystems EMPLOYMENT HISTORY Hofinan Planning Associates, 1985 - present City of Carlsbad, California, 1977 -1978,1980 -1985 City of Rancho Cucamonga, California, 1978 -1980 San Diego Association of Governments, 1977 California Coastal Commission, San Diego Region, 1977 EXPERIENCE Mr. Hofman has twenty two years of experience in public and private local and regional planning. Upon obtaining his Master's Degree front San Diego State University, Mr. Hofman has served as a planner for the San Diego Association of Governments (SANDAG), the San Diego Region ofthe California Coastal Commission and the Cities of Carlsbad and Rancho Cucamonga, California. In January, 1985, Mr. Hofman started his own Planning Consulting firm in North San Diego County_ His firm, Hofman Planning Associates, has had experience in both the private and the public sectors. Under Mr. Hofinan's guidance, the finn has been active in the Growth Management Programs ofthe Cities of Carlsbad and Escondido. Mr. Hofman has been directly involved in the preparation ofnumerous public facility, capital improvement plans and development impact fee studies in California, Utah and Idaho. At the City of Carlsbad, Mr. Hofman achieved the level of Principal Planner and was directly responsible to the Planning Director. During his six years at the City, Mr. Hofman was responsible for a number of major planning functions including 1) Head of Current Planning Division, three years, 2) Head of Advanced Planning, two years, 3) Project Planner for five major Specific Plans, 4) major General Plan and Zoning Ordinance amendments, and 5) staff liaison to the Local Agency Formation Commission_ At the City of Rancho Cucamonga, Mr. Hofman was one of the first three planners hired by the newly incorporated city of 50,000 people. Mr. Hofman was Project Manager in developing Rancho Cucamonga's first Growth Management Ordinance. Mr. Hofman was also involved with the formulation of the City's first General Plan and Zoning Ordinance. 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 07 Mr. Hofman has been involved with a variety of planning projects including the preparation of San Diego County's first adopted Habitat Conservation Plan involving the endangered gnatcatcher species, the preparation ofnumerous Master Plans and Specific Plans including Legotand-Carlsbad, Hotel del Coronado, Arroyo La Costa, and others. These projects have required Mr. Hofman's active role as a negotiator and a facilitator of critical Iand use issues. Mr. Hofman has also served as the liaison between the development community and the City, State and Federal agencies and other interested parties on a number of multi jurisdictional projects. He was responsible for the Arroyo La Costa Master Plan/Planned Unit Development, Sycamore Creek Master Plan, the Calavera Hills Master Plan and many others. His experience includes processing of General Plan Elements, Zoning Ordinances, Specific Plans, Coastal Processing/Permitting, and various environmental permits. As a consultant to the newly incorporated City of Encinitas, Mr. Holman designed and implemented the Community Advisory Board Program. Additionally for Encinitas, Mr. Hofman prepared the City's Design Review Ordinance. Mr. Holman has been involved in the development of a variety of public financing mechanisms for cities and counties to meet specific facility demands. Mr. Hofman's qualifications in fee structure and analysis include preparation of a comprehensive Public Facility Analysis/Development Impact Fee Program for the Cities of Coeur d'Alene, Hayden and Eagle in the state of Idaho. Mr. Hofman's fiscal expertise has been further demonstrated by the development of Public Facility Fee and Fire Protection Fee Programs for the City of Vista, California. He is also responsible for the preparation of the prototype Public Facilities Finance Plan for the City of Carlsbad California. This Finance Plan serves to identify methods of financing needed facilities as well as providing detailed facility costs estimates. Mr. Hofman has completed the processing of a 5,000 acre annexation for the City of El Centro, California and worked extensively on a 4,000 acre annexation for the City of Imperial, California. Also, Mr. Holman has recently completed a Capital Improvement Plan/Public Facility Analysis for the City of Moab and Grand County, Utah. These are just a sampling of the projects Mr. Holman has worked on over the last several years. An updated company brochure listing all the projects performed by Mr. Hofman can be obtained upon request. PROFESSIONAL AFFILIATIONS American Planning Association Association of Environmental Professionals Association of American Geographers Urban Land Institute President, Carlsbad Chamber of Commerce, 1997 California Chapter of the American Planning Association Idaho Planning Association Building Industry Association 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 08 L. STAN WEILER Principal Planner EDUCATION B.A. San Diego State University, San Diego, California, Fall 1987 Physical Geography EMPLOYMENT HISTORY Hofinan Planning Associates, 1989 - present City of San Marcos, 1987 -1989 City of Carlsbad, 1987 EXPERIENCE Mr. Weiler has gained more than twelve years ofprogressive experience in public and private land use planning in the North County area of San Diego, Riverside County and the County of Imperial in California, Grand County in Utah and Kootenai County and Ada County in Idaho. While employed by the City of Carlsbad and later the City of San Marcos, Mr. Weiler held positions ranging from Intern to Assistant Planner. Mr. Weiler's responsibilities increased quickly and led to several promotions during his time spent at these two cities. His duties included field surveys, graphic assistance, preparation of Planning Commission staff reports, assistance in the implementation of the Carlsbad Growth Management Program, public assistance, review and approval of building permits, and service on the San Marcos Site Development Plan Review Committee which reviews and conditions commercial and industrial developments. His work experience within the public sector has been a valuable asset since it has enabled him to anticipate issues that may be raised by public sector agencies. Mr. Weiler's private sector background has been obtained through his employment with 1IPA. This background has allowed him to relate to the needs ofthe development community. His list of extensive project involvement ranges from large Specific and Master Plans to small infill projects. His professionalism and integrity have benefitted HPA's clients both large and small. Among many other projects, Mr. Weiler has been extensively involved with the preparation of the 447-acre Carlsbad Ranch Specific Plan that includes the LEGOLAND Carlsbad development area, the 170-acre Poinsettia Shores Master Plan, a 140-acre industrial specific plan, the controversial Carlsbad Price Club (Costco) project as well as many other projects requiring General Plan Amendments, Tentative Maps, Local Coastal Plan Amendments and Planned Unit Development Permits within the City of Carlsbad. Mr. Weiler has also been involved with the preparation and processing of several Public Facilities Plans and accompanying Finance Plans which are used as growth management tools by the City of Carlsbad. Mr. Weiler has been responsible for the close coordination and preparation of the studies and reports required for the completion these public facility documents. His involvement with these projects have necessitated the development of processing strategies, timelines and budgets whereby he has achieved the ability to maintain the project scope of work within the contract amounts specified. 05/11/2000 14:54 7604382443 , HOFMAN PLANNING PAGE 09 Mr. Weiler has been extensively involved with several jurisdictions outside the City of Carlsbad processing annexations, preparing impact fee programs, conducting fiscal impact analyses, developing residential and non- residential build out projections and conducting public facilities analyses. These jurisdictions include the City of Murrieta- CA, the City of Imperial - CA, the City of El Centro - CA, the City of Coeur d'Alene - ID, the City of Hayden - ID, The City of Eagle - ID, the City of Moab - UT and Grand County - UT. Most recently, Mr. Weiler has been preparing the Public Facilities Financing Plans and Fiscal Impact Analysis Reports for two major residential development projects within the City of Murrieta, California. With the ever increasing acknowledgment that public facility planning is necessary to ensure public health, safety, welfare and quality of life, public facility planning and financing have quickly become Mr. Weiler's primary function at Hofinan Planning Associates. 05/11/2000 14:54 7604382443 HOFMAN PLANNING PAGE 10 ELYSIAN M. MAH Assistant Planner EDUCATION M.U.F. University of Washington, Seattle, 1999, Urban Planning B.A. University of California, Los Angeles, 1997, Geography/Environmental Studies EMPLOYMENT HISTORY Hofman Planning Associates, 1999 - present Sverdrup Civil, Inc., 1997 -1999 EXPERIENCE Ms. Mab has two and ahalfyears planning experience with the private sector. While earning her Master's Degree at the University of Washington, Ms. Mah was involved with the development of an economic strategic plan for the Puyallup Indian Tribe. Serving on a team comprised of planning professionals, professors and graduate students, Ms. Mab was responsible for working with members and staff of the Indian tribe to conduct a land use survey. During her time at Sverdrup Civil, Inc., Ms. Mah worked as an environmental planner for their transportation section. She played an integral role in completing a draft and final Environmental Impact Statement for a project proposed by the Washington Department of Transportation that would reroute 13 miles of US 101 through two cities. Ms. Mah also completedan Environmental Assessment for aroad widening projectforthe City of Auburn, Washington and worked with federal, state and local agencies to get a 4(f) Statement approved. Ms. Malt has brought her team spirit and professionalism to Ilofman Planning Associates, where she has quickly proved to be a valuable asset on a number of projects. Ms. Mah has taken the lead on completing two Local Facilities Management Plans required by the City of Carlsbad, California. She has teamed up with Mr. Weiler to work on the Public Facilities Finance Plan and Fiscal ImpactAnalysis being done for the Munrieta Oaks Project in the City of Murrieta, California and the Fiscal Impact Analysis being done for the Greer Ranch project also located within the City of Murrieta. In addition, Ms. Mah is a key member of a team comprised of planners, "developers, engineers and City staff working on creating a master plan which incorporates the principles of Smart Growth." PROFESSIONAL AFFILIATIONS American Planning Association Association of Environmental Professionals California Chapter of the American Planning Association City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 6, 2000 AGENDA ITEM NO. 13 ITEM TITLE REQUEST FOR USE OF PORTABLE STAGE BY GRANGER JUNIOR HIGH PREPARED BY Jim Ruiz DEPARTMENT Parks & Recreation EXPLANATION Granger Junior High has requested the use of the City portable stage for their graduation ceremony at 9:00 A.M., June 15, 2000. Traditionally, the City stage is not allowed on sites other than City parklands in accordance with City Council Policy 802. In addition to providing the stage, this request would require the manpower of at least three (3) park staff to move the stage to and fro, and to remain on site during the graduation ceremony. We would lose 12-14 hours of manpower to accomodate this request. If approved, this request could establish a very time-consuming precedent. 1 Environmental Review ._N/A Financial Statement Lost of approximately 12-14 hours manpower. Account No. STAFF RECOMMENDATION Recommend disapproval of request. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) 1 Letter Resolution No A-200 (Rev. 9/80) Griffins Granger Junior High SWEETWATER UNION HIGH SCHOOL DISTRICT 2101 Gj'tanget Avenue, National Getty, G,4 91950 (619) 472-6000 "Individually We Try, Together We Achieve" Griffins May 22, 2000 The Honorable Ron Morrison Councilman for the City of National City 1243 National City Blvd. National City, CA 91950-4397 Dear Councilman Morrison: On June 15th Granger Junior High School will be having 9th grade promotion. For the first time we are having the promotion exercise on our Athletic Field to accommodate all families and guests. We respectfully ask for the use of your mobile stage that is with the Parks and Recreation Depaituient. This would greatly reduce any interruptions for our 7th and 8th grade students still attending class, and allow for more audience seating, as well. If you need more information, please contact me at 472-6000. Thank you in advance for your consideration, and I look forward to hearing from you soon. Sincerely, Bernard Balanay Assistant Principal BB/hm MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 6, 2000 AGENDA ITEM NO. 14 "ITEM TITLE TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP USED VEHICLE TENT SALE __Kathleen Trees, Acting'Director Building and Safety PREPARED BDEPARTMENT EXPLANATION 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 June 9 — Sunday June 11, 2000. The hours of the sale are 9:00 a.m. until 9:00 p.m. Environmental Review X N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. 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 ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) c/A200.DOC City of National City Building & Safety Department 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 (TUP) are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses having 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) months prior to the requested activity/event. /� Please Complete: (Print or Type) r / 6( C(/sf C if yse. Sponsoring Organization(s): p� Organization Address: �J� NA=TfOtefA-i. (i y Be -fir A City: /TR-no w Al_ (t T 7 State:,�9CA Zip: % iqS) Phone: (6 ) 477 /r)34- Location of Event: RA �A t�N i TA Dates(s) Requested for Event: .."U rti tom. G(— to — I Hours of Use on Day of Event: From: 9 First Day: Setup - Date:. N6 g Time: /p Al PM Teardown - Date: Jo u E, ( 2 Last Day: Setup - Date: Time: Brief Description of Event summary of the event ched to the�lication): -1 3 - .,- , mayte -t Name of Person Responsible For The Event Who Will Be On -Site The Day Of The Event: -(- ..AN 1� 4 tios How May This Person Be Contacted? 0 f 9 — 4 -74 3-5 t - Specific Use Request: -v-; 'r g---A t-E Justification: Request to Sell or Serve Alcohol Beverages: Yes [ ] No ] Will Food/Drinks Be Sold: Yes [ ] No Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a TUP. 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. ���� pppp Will Tents or Canopies be Used?: Yes - No [ ] If "Yes," permit may be required from Fire Department Waiver of Fees Requested: Yes No f><1 If"Yes," complete attached supplemental questionnaire form AM/PM Teardown - Date: Facilities (When Applicable — Request Assistance with the Following) Noise, Crowd, Traffic Control: /mot'/A Security Control: /JyA Parking/Barricades: "ir/ A Exterior Lighting/Electrical: "f A Trash Disposal/Site Clean-up After Event: /\(�A Sanitary Facilities: hi M To: 9 Time: t 2 Time: AM/PM Name of Applicant: Al .16 age 4- � � q Address: 0-3 i o. OgL"' © t .3 £ q Phone: ((oil) 4 7 4- .1.3� Z� Signature of Applicant: y Date: r Y PD b This Form Bect(mes Permit When Endorsed By The Building & Safety Director (over) For Office Use Only Permit Fees: Permit No: Use Group: Use Class: Bond: Permit Exp.Date: Specific Stipulations/Comments: Approvals/Stipulations (Check where Applicable): Initial Date PLANNING FIRE PUBLIC WORKS FINANCE ' POLICE , PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER COMMUNITY DEV. OTHER Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ Yes [ ] ] ] ] j ] ] ] ] ] ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] No [ ] See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ See STIP [ ] ] ] ] ] ] ] ] ] ] ] Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date Initial Date City Council Meeting Date: Temporary Use Permit: Approved [ ] Denied [ ] Waiver of Fees: Approved [ ] Denied [ ] Property Notification Required: Yes [ ] No [ ] Comments: Date: CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Chrysler Plymouth Jeep EVENT: Used Vehicle Tent Sale DATE OF EVENT: June 9-11, 2000 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exitways to be maintained in an unobstructed manner at all times. Exit way 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 Business 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. A of all participating vendors (with their address, phone address 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 license numbers. CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Al e N6 { Ys( /,v r �,r j Person in charge of activity AIL / 6/ y /411, - -s/A Address /v te}-% ( / ?-7( , C 1 Call-- 1 % 9.0 Telphone /—� %� Date(s) of use NILf h6C q_ / 0 1/ 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 e of public property by permittee or permitee's agents, employees or contract Si'. a ure ' Applicant Date (For Office Use Only) Certificate of Insurance approved 198712 City of National City, California COUNCIL AGENDA STATEMENT June 6, 2000 MEETING DATE 15 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — LIONS CLUB — 41" OF JULY CELEBRATION PREPARED BY Kathleen Trees, A/Direcir DEPARTMENT EXPLANATION Building and Safety This is a request from the National City Lions Club to conduct the Annual Fourth of July Independence Day Celebration in Kimball Park. The dates and times of the event are as follows: Setup Wednesday, June 28 through Friday, June 30 10 a.m. — 10 p.m. Actual Event Friday, June 30 through Tuesday, July 4 11 a.m. — 12 midnight. Tear Down Wednesday, July 5 11 a.m. —10 p.m. This request includes closing D Avenue, between 126 Street and 16th Street, from 8 a.m., June 28 until 10 p.m., July 5. This year's event includes entertainment, fireworks, a carnival, talent shows, food booths and radio and TV coverage. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. Environmental Review X N/A Financial Statement The Police Department has estimated that the event will result in $7,500 in unbudgeted overtime expenses. Public Works, Fire, Parks & Recreation and the TUP processing costs total an additional $11,255. Account NWA STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees, except the $7,500 in Police overtime fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approvalh of JmY.aoc A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Host Lions Club EVENT: Annual Fourth of July Independence Day Celebration DATE OF EVENT: Friday, June 30 through Tuesday, July 4 TIME OF EVENT: 11:00 a.m. to 12:00 midnight APPROVALS: PLANNING FIRE PUBLIC WORKS FINANCE POLICE PARKS & REC. ENGINEERING CITY ATTORNEY RISK MANAGER COMMUNITY DEVELOP. YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: GENERAL CONDITIONS ESTABLISHED IN PRIOR YEARS 1. No alcohol shall be sold or served. 2. The Lions Club shall give National City service organizations priority over outside organizations participating in the event. 3. The Lions Club is to provide a thorough and complete financial report within 120 days of conclusion of the event detailing all revenue sources and the amount of revenue received from each source, the amount of each expenditure and total expenditures, the amount of revenue in excess of expenditures retained by the Loins Club, and proposed budget for the use of revenues generated from the event. 4. The use of amplifiers to be limited to the hours of the stage events. 5. Written notification must be given to the occupants of the property adjacent to the park. The notification must be mailed no less than 72 hours prior to the event. FIRE 336-4550 1. A permit is required for the fireworks display from the fire department. The fee is sixty-five dollars ($65.00). 2. A permit is required to erect a tent having an area in excess of 200 square feet and a canopy in excess of 400 square feet or a combination thereof. Tents and canopies shall be treated with a flame-retardant and labeled as such. The fee per tent and/or canopy is $65.00 and is issued by the fire department. 3. All cooking booths shall have one 2A:10BC or 40:BC fire extinguisher with a current California State Fire Marshal tag attached. 4. Metal cans with lids and labeled "HOT COALS ONLY", shall be provided for charcoal disposal. 5. A fire safety inspection shall be conducted by the fire department prior to the operation of the carnival, of all rides, cooking area, etc. 6. The fireworks staging area shall be inspected by the fire department prior to any ignition. 7. There shall be fire department access into the booth areas at all times. 8. Access to Morgan and Kimball Towers fire department connections for fire sprinkler systems and standpipes shall be maintained at all times to both entrances. 9. Fire hydrants shall not be blocked or obstructed. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. 2. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit there will not be a charge for their business license. 3. 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 license numbers. PARKS & REC. 336-4290 1. Parks & Rec. will coordinate the event in Kimball Park. 2. Recommend park overtime of $4,000 be paid for by the Lions Club ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Please call James or Abe. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance, including product liability coverage. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on the above policies and on carnival operator's and fireworks provider's general liability insurance policies. Minimum limits of one million dollars per occurrence of general liability insurance must be provided. 3. Execute standard hold harmless. (Done) COMMUNITY DEVELOPMENT 1. Coordinate with Morgan Kimball Towers management on security and access issues. • 2. Please direct loud speaker away from Morgan/Kimball Towers. 3. Reduce "canned" noise on amusement rides (i.e. fake screaming, etc.) PUBLIC WORKS 1. Public Works costs associated with this special event are estimated to be $6,000 - $7,000. 2. Any expansion in scope or services over what has been provided in the past must be approved prior to this event. POLICE 1. The Police Department will have officers and reserve officers in the Park to provide security in addition to the private security the Lions Club will hire. 2. NCPD reserves and senior volunteers will augment security detail. 3. Overtime costs to be reimbursed will be $7,500. 4. In order to minimize impacts to traffic and to facilitate crowd control, it is recommended the fireworks display on the 4th of July commence no later than 9:00 p.m. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPT. AND NATIONAL CITY TRANSIT HAVE BEEN NOTIFIED) 4th of July.doc CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 10A e-NO\ C-14.1 40Sa- LO•14 C\ u� Person in charge of activity 1'"2 \., �'{t\(tQ.E} Address �� �� N . AhV� ` 1U A�;o9\ Ck-}t Telphone 33b- \�i\s (W) Date(s) of use --11)0 gc.;1-33Z6(Aw) 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 co Signature of Applicant \hcAzes. L.o1s Cry Official Title Date (For Office Use Only) Certificate of Insurance approved 198712 001-3585-13000 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. rly and ctive agUse Permitsec are mf poaland uses have eive lations intended to provide xceptional characteristics requiring g their review and management of specific list ofcantmaytemporaryappeal 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 activityfevent. Activities/events involving g the use the requested ed areas of activity/event. within the state highway jurisdiction shall be filed not less than six (6) prior PLEAS COMPLETE (Pant or Type): SPONSORING ORGANIZATION(s): ORGANIZATION ADDRESS: City LOCATION OF EVENT: DATE(S) REQUESTED FOR EVENT: FROM HOURS OF USE ON DAY OF EVENT: FROM (BEGIN SETUP) DATE__ 2— TIME lb (BEGIN TEARDOWN) DATE-1— S TIME It / P.M.- ( END TEARDOWN) DATE % — S TIME t 6 A.M. -TO \r BRIEF DESCRIPTION OF EVENT: -"T" "� O\ to✓w lJ I \ (A brief summary of the vent/ma 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 THE DAY OF THE EVENT: HOW MAY THIS PERSON BE CONTACTED? SPECIFIC USE REQUEST: JUSTIFICATION: -�--r— REQUEST TO SELL OR SE VE ALCOHOL BEVERAGES: YES[ ] NOrg— WILL FOOD/ DRINK BE SOLD: YES[K] NO[ ] (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 con umpf the on City of alcohol l co of )within buildings in the parks, such as the Community Center, which will continue to be subject to the approval WILL TENTS OR CANOPIES BE USED?: YES [y' NO [ t (If "YES, ", permit maybe required from Fire Department) WAIVER OF FEES REQUESTED: YES [] NO [ ] (if -YES," complete attached supplemental quastio-mire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: SECURITY CONTROL: PARKING/BARRICADES: EXTERIOR LIGHTING/ELECTRICAL: TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: SANITARY FACILITIES: TO / P.M. TO A.M.E—P.M. — ( END SETUP DATE,3� TIME IQ_ A.MED e-S CITY COUNCIL MEETING DATE: PLEASE COMPLETE (Pnnf or Type) NAME OF APPLICANT: A 1A pn ���}5y� \\-11$ - CIA) ADDRESS: Q, . l�jc, Po A`� � CA 9(%15( PHONE: gS7-332-0 SIGNATURE OF APPLICANT: DATE: 3—►7-ab (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: USE GROUP: BOND: PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: PERMIT NO.: USE CLASS: (RECEIVED DATE STAMP) BUILDING AND SAFETY DEPT. RECEIVED MAR : 7 ZOOD NATIONAL CITY, CALIF. APPROVALS / STIPULATIONS (Check Where Applicable): PLANNING initial YES [ I NO [ ] SEE STIP [ ] Date FIRE Initial YES [ ] NO [ ] SEE STIP [ ] Date Initial PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] Date FINANCE YES [ ] NO [ ] SEE STIP [ ] Initial Date Initial Date POLICE YES [ ] NO [ ] SEE STIP [ ] Initial PARKS & REC. YES [ ] NO [ ] SEE STIP [ ] Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Initial Date Initial CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] Initial Date Initial COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] Date Initial Date �—�-^ �(.. (.7(:.c.C.. 9a. Q..Y S OTHER L ' YES [ ] NO. [ ] SEE STIP [ ] TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ] COMMENTS: DATE City of National City Building & Safety Department 1243 National City Boulevard National City, CA. 91950 TEMPORARY USE PERMIT FEE WAIVER REQUEST SUPPLEMENTAL OUESTIONNAU 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 a. non-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: 1. 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 COMPLETELY ANSWER THE FOLLOWING: I. Is the event for which the T.U.P. is sought sponsored by a non-profit organization? 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. 1 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 )1/4.15t o )6"`Uc Type of Organization (Service Club, Church, Social Service Agency, etc.) Q.�. aSDx 98b )3.c. cmcis 3. Will the event generate net income or proceeds to the sponsoring organization? YES (If YES, please proceed to Question No. 4) NO (If NO, please sign -the bottom of this form and submit the with the T.U.P. Application to the Building & Safety Department) 4. 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) 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) XNO (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. V' )-t ��Orj�lAwic �� a opt >J� �u d'k . I C1�m� t -I—o6Y�1oo -:s A,"tsL. &� 1v ok4,„ k)en-? i }:o„s g%.(‘ 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) funding? 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 SIGNATURE DATE