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HomeMy WebLinkAbout2001 03-06 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, MARCH 6, 2001 - 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. MC CABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 27, 2001. COUNCIL AGENDA 03/06/01 Page 2 CONSENT CALENDAR Consent Calendar: Consent Calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Resolution No. 2001-26 Resolution of the City Council of the City of National City authorizing an emergency repair payment to Barrett Engineered Pumps for the 18th Street and 1-5 sewer/storm drain pump station. (Public Works) 2. Resolution No. 2001-27 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Beverley Simmons and Associates to perform consulting services for the planning phase of the library reconstruction/renovation project. (Public Works/Engineering) 3. Resolution No. 2001-28 Resolution of the City Council of the City of National City approving a Conditional Use Permit for a church at 1540 18th Street. (Applicant: Jose C. Soriano, Sr.) (Case File No. CUP-1999-6) (Planning) 4. WARRANT REGISTER #35 (Finance) Ratification of Demands in the amount of $2,119,069.64. 5. Consolidated Cash & Investment Report as of October 31, 2000. (Finance) COUNCIL AGENDA 03/06/01 Page 3 NON CONSENT RESOLUTIONS 6. Resolution No. 2001-29 Resolution of the City Council of the City of National City authorizing the City Engineer to remove the 1300 block of Hoover Avenue from the Residential Parking District "E" permit area. (Residence of Hoover Avenue, TSC Item No. 2000-1) (Engineering) 7. Resolution No. 2001-30 Resolution of the City Council of the City of National City denying a Planned Development Permit application for a 93-unit extended stay hotel at the northwest corner of Plaza Boulevard and Interstate 805. (Applicant: Extended Stay America) (Case File No. PD-2000-9) (Planning) ORDINANCE FOR ADOPTION 8. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by adding Chapter 6.12 pertaining to the regulation of telecommunications systems which utilize public streets, rights -of - way or other public property. (City Attorney) OLD BUSINESS 9. Skateboard Report (Parks & Recreation) WRITTEN COMMUNICATIONS 10. Letter from San Diego Aircraft Carrier Museum (SDACM) concerning a mitigation project. COUNCIL AGENDA 03/06/01 Page 4 NEW BUSINESS 11. Temporary Use Permit - McCune -Chrysler -Plymouth -Jeep Used Vehicle Tent Sale. (Building & Safety) 12. Temporary Use Permit - National City Chamber of Commerce - Circus Vargas. (Building & Safety) -> CITY MANAGER --> CITY ATTORNEY -> 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. COUNCIL AGENDA 03/06/01 Page 5 NEW BUSINESS (Cont.) CLOSED SESSION Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Shawn Lee, et al. v. City of National City United States District Court Case No. 98 CV 1292 BTM LSP ADJOURNMENT Next Regular City. Council Meeting — March 13, 2001 at 6:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 6, 2001 AGENDA ITEM NO. 1 (-ITEM TITLE RESOLUTION APPROVING EMERGENCY REPAIR PAYMENT FOR THE 18TH� STREET AND 1-5 SEWER/STORM DRAIN PUMP STATION PREPARED BY JOE SMITH DEPARTMENT PUBLIC WORKS EXPLANATION A breakdown of essential machinery at a pump station located at 18th Street and 1-5 caused a potential threat to public health and safety creating the need for an emergency repair. The repair has been performed, but exceeded the original cost estimate of $15,000. The actual cost was $16,363.67. By Ordinance No. 1480, Purchasing Ordinance, Section 13, Emergency Purchases by Purchasing Agent, states that in the case of an emergency, which may affect the life, health or convenience of citizens such emergencies may be performed over $15,000 with authorization by resolution of the City Council. It is recommended that the attached resolution be adopted which authorizes the $16,363.67 payment be made for this emergency work performed for the City by Barrett Engineered Pumps. Environmental Review Financial Statement X NIA The cost for the repair is $16,363.67. Funds are available from Account No. 125-422-222-299-0000 (Contract Services) Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2001-26 A-20p{9/8o) RESOLUTION NO. 2001— 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN EMERGENCY REPAIR PAYMENT TO BARRETT ENGINEERED PUMPS FOR THE 18TH STREET AND I-5 SEWER/STORM DRAIN PUMP STATION WHEREAS, a breakdown of essential machinery at a pump station located at 18th Street and I-5 caused a potential threat to public health and safety creating the need for an emergency repair; and WHEREAS, the repair has been performed by Barrett Engineered Pumps at a cost of $16,363.67, which exceeded the original cost estimate of $15,000; and WHEREAS, Section 2.60.230 of the National City Municipal Code provides that in the case of an emergency, which may affect the life, health or convenience of citizens, such emergencies may be performed over $15,000 with authorization by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the emergency repair payment to Barrett Engineered Pumps for the 18th Street and I-5 sewer/storm drain pump station. PASSED and ADOPTED this 6th day of March, 2001. George H. Waters, Mayor Al LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Ar George I-l~ Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BEVERLEY SIMMONS AND ASSOCIATES TO PERFORM CONSULTING SERVICES FOR THE PLANNING PHASE OF THE LIBRARY RECONSTRUCTION/RENOVATION PROJECT PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION See attached Environmental Review X N/A Financial Statement The fee agreed upon to complete National City's Library Building Project utilizing all three parts is $46,915. If Part B is not needed, the cost will be $41,635. Funds have been budgeted for this work in Capital Improvement Project Account Number 301-409-598-1578. Account No. STAFF RECOMMENDATION Adopt the Resolution that authorizes the Mayor to execute an agreement with Beverley Simmons & Associates to perform consulting services f.r to planning phase of the library reconstruction/renovation project. 5( / 1 r BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Resolution No. 2901-2/ beverley A-200 (9/80) RESOLUTION NO. 2001— 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BEVERLEY SIMMONS AND ASSOCIATES TO PERFORM CONSULTING SERVICES FOR THE PLANNING PHASE OF THE LIBRARY RECONSTRUCTION/RENOVATION PROJECT WHEREAS, the City desires to employ Beverley Simmons and Associates to prepare a proposal work plan and cost estimate for the library reconstruction/renovation project; and WHEREAS, the City has determined that Beverley Simmons and Associates is a Professional library management consultant and is qualified by experience and ability to perform the services desired by the City, and is welling to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Beverley Simmons and Associates to perform consulting services for the planning phase of the library reconstruction/renovation project. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXPLANATION: The City advertised a Request for Qualifications (RFQ) to select a library building consulting firm to prepare a proposal work plan and cost estimate for the library building project. Two consulting firms submitted Statements of Qualifications in accordance with the RFQ requirements. The two firms expressing interest in the project were: Anne Marie Gold Library Management Consulting - Lafayette, California Beverley Simmons & Associates - Ventura, California A selection committee consisting of Assistant City Manager Park Morse, City Librarian Anne Campbell, Public Works Director/City Engineer Burton Myers, Principal Engineer Stephen Kirkpatrick, and Management Analyst Ryan Hyland reviewed the statements and decided to interview the two firms. Beverley Simmons & Associates was the unanimous choice of the committee as the most qualified to prepare the required work plan. Public Works/Engineering then entered into negotiations with the selected firm and agreed upon a Scope of Work and the corresponding fee. The Scope of Work is detailed in Exhibit A of the attached consulting contract. The project is proposed in three parts; with the second part (Part B) being the evaluation of alternative sites for the Library facility. However, if the work in Part A shows that the current facility can be modified to meet articulated needs, Part B will not be needed. As a basic summary, the work includes: Part A. Determine library space needs, technology direction and the advisability of renovating or expanding the current facility. Part B. Evaluate alternatives to expanding the current facility. Part C. Develop cost estimates, financing options and a final report. The fmal scope of work and associated fee have been reviewed and accepted by the aforementioned consultant selection committee. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BEVERLEY SIMMONS & ASSOCIATES THIS AGREEMENT is entered into this 6th day of March 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Beverley Simmons & Associates (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to prepare a proposal work plan and cost estimate for a library building project. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Library Management consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CON TRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. Revised 5/2000 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ms. Beverley Simmons thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the City's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of fmal payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Time durations for specific portions of the Project are set forth in Exhibit A. All work described in Exhibit "A" shall be completed by August 13, 2001. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and 2 Revised 5/2000 disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CTTY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants 3 Revised 5/2000 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. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the preceding five (5) years, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- 4 Revised 5/2000 TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, 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' compensationclaims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the 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. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. Revised 5/2000 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIH according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including 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. 6 Revised 5/2000 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CON TRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfmished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive 7 Revised 5/2000 such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers Public Works Director/City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Ms. Beverley Simmons Beverley Simmons & Associates 833 Arbor Avenue Ventura, CA 93003 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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 8 Revised 5/2000 Clerk of the City of National City in a timely manner on forms that the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional 9 Revised 5/2000 under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: By: George H. Waters, Mayor ) atJ e"' CONTRACTOR (Two signatures required if a corporation) APPROVED AS TO FORM: George H. Eiser, IE City Attorney (Tide) By: (Name) I (Title) 10 Revised 5/2400 Exhibit A City of National City Library Building Project Proposal Revised Work Plan and Cost Estimate February 20, 2001 Beverley Simmons and Associates Library Management Consultants 833 Arbor Avenue Ventura, CA 93003 Phone: 805-658-8983 Email: simmons415@aol.com 1. WORK METHODOLOGIES The proposed project includes a variety of activities, but the central aim is to complete the planning process for a new library facility. From finalizing the building program narrative to reporting on financing options available to the City, the purpose is to assemble all information and assist the City in making the necessary policy decisions to move the building project from the planning stages into reality. The project is proposed in three parts; with the second part (Part B) being the evaluation of alternative sites for the Library facility. However, if the work in Part A shows that the current facility can be modified to meet articulated needs, Part B will not be needed. The proposed fee schedule contains cost information with and without Part B. The total project involves development of several interim reports that will guide the project through its various stages, as noted in the steps listed below: Part A. Determine Library Space Needs, Technology Direction and the Advisability of Renovating or Expanding the Current Facility. 1. Meet With City Staff and The Library Director To Clarify Expectations And Establish Project Scope. This task would involve an initial meeting between the consultant/project director, the City's Public Works Department staff and the Library Director to discuss and clarify any issues related to the scope and conduct of the project. We will review the proposed work plan, project schedule, and plans for preparing and submitting periodic progress reports. 2. Finalize the Library's Building Program: In this step the consultant/project director will work with the Library staff to complete and finalize the partially completed building program which was developed using a beta -test version of LIBRIS Design. The fmal product will use the new release. A substantial amount of clerical time will also be required to transfer the data from the beta test version of the Libris Design software to the release version. It appears that this task cannot be done automatically, and therefore some data entry assistance is needed. An accompanying task will be to conduct a series of workshops with Library staff to obtain input on the partially completed building program. This step is necessary to provide staff the opportunity to be involved in the program in its earliest stages. The partially completed program was undertaken primarily to test the new Libris Design software, and was not provided to staff for input. Additionally, the consultant recommends that all key decisions made during the development of the current building program be reviewed and modified if necessary before the building program is completed. At a later date, site decisions may also affect the decisions for the program, and thus the program should be reviewed and revised after the final site is selected. The building program will then be the first deliverable of this project. National City Library Building Project Proposal Revised Work Plan and Cost Estimate January 30, 2001 The library building program is the key document guiding the development of any new facility. It identifies priorities and adjacencies for library service areas, specifies how users and staff will use the facility, provides sizes and item counts for all furnishings, estimates collection size and growth, and identifies staff space needs and technical work areas. In addition it discusses options for adjacent facilities, provides opportunities for additional programming of the facility which is not directly library service (cultural/theater programming, retail/food or gift shop uses, copy shops, etc.). 3. Evaluate the Current Facility and Site: This task involves the consultant/project director's examination of the current facility and its use patterns, and documenting the existing problems and inadequacies. This analysis may include the following activities: • Review of current use statistics • Evaluation of parking, access and transportation • Study of resources of nearby educational facilities • Analysis of current space allocations for library activities relative to each other • Evaluation of the success of the current physical facility to house library functions • Review of hours of service and schedule of programs The architectural sub -contractor will review any existing plans and documents concerning the facility, then conduct a preliminary evaluation of the current facility and report on the opportunities for renovating and/or expanding the Library. The consultant will combine the architect's report with other information into one unified report which will represent the second deliverable of this project. 4. Evaluate the Library's Technology Options: This task involves a thorough assessment of the Library's goals for using technology to deliver library services and information to the public. In this task, the consultant/project director, and a technology sub -consultant will conduct two sessions with the City's Management Information System (MIS) Department and Library staff to determine the general direction of technology use as it relates to the Library and its programs. The first of two sessions will be principally a fact-finding meeting; with updates on the various technology projects the library has underway. The Library's Technology Plan and related documents will be reviewed. The second session will involve the sub -consultant facilitating and leading a discussion with staff to assist them in clarifying technology issues and developing a strategic direction for the Library. The technology sub - consultant will review all notes of the meetings with the City's MIS Manager. All notes recording the issues affecting a new or expanded facility will be Beverley Simmons and Associates Page 3 National City Library Building Project Proposal Revised Work Plan and Cost Estimate January 30, 2001 approved by the MIS Manager before they are incorporated into the final report. 5. Present Findings and Wrap -Up of Part A. At the conclusion of the first four tasks, the consultant/project director and architectural sub -consultant will meet with the Library Director and the City's Public Works staff to review the information collected and establish whether or not the next part of the proposed study is needed (Part B). If it is possible to renovate and /or expand the current facility, the additional site evaluations described in Part B. will not be conducted. Part B. Evaluate Alternatives To Expanding The Current Facility. 6. Evaluate Potential Library Sites: The consultant/project director will work closely with the architectural sub -contractor to evaluate the site at 1400 National City Boulevard, and the current site, with the idea that the current facility would be demolished to construct a new library. The criteria used in the evaluation will be reviewed by the City, but will include such items as: • Size of the lot available • Accessibility and convenience of location; proximity to other facilities • Frontage • Attributes such as slope, view potential, etc. • Former uses of the site • Access to utilities (gas, electric, sewer) • Soil bearing capacity 7. Present Findings: At the conclusion of this analysis, the consultant/project director report will prepare a report. It will include the findings and recommendations regarding the sites. The consultant and the architectural sub- contractor will jointly present the report to City staff. Part C: Develop Cost Estimates, Financing Options and a Final Report (This part of the study will be necessary whether the City chooses to renovate/expand the current facility or build a new facility. The work plan is the same regardless of the construction option selected) 8. Develop Cost Estimates for the Library Building and Programs: This task involves the costing of all aspects of a library building and the intended programs. The consultant/project director will work closely with the architectural sub -contractor to develop and review all costs, and base them on actual regional experience. Beverley Simmons and Associates Page 4 National City Library Building Project Proposal Revised Work Plan and Cost Estimate January 30, 2001 9. Provide a Report on Financing Options: The consultant/project director will develop a report on the financing options available to the City to fund the construction of the library facility. The consultant will present information regarding the recent state Bond Act, officially known as the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. The report will also explore other aspects of public finance available to the City. 10. Prepare and Present a Final Report: The consultant/project director will accumulate all information collected previously and included in the earlier deliverables and compile a final report with an executive summary, outlining the project, the process and the findings and conclusions of each part of the study. This report will be presented in up to two public sessions (Library Board meeting, City Council meeting), as the Library and City deem appropriate. Beverley Simmons and Associates Page 5 National City Library Building Project Proposal Revised Work Plan and Cost Estimate January 30, 2001 2. Proposed Fee Schedule (1.) Consultant Hours Following is our estimate of the consulting hours by task and the costs involved in completing National City's Library Building Project. The estimate is shown in three sections with the price for each subtotaled. The hourly rates for the consultant and sub -consultants are: Ms. Simmons' consultant rate is $1200 per day/ $150 per hour. Mr. Oshima's rate is $960.00 per day / $120.00 per hour. (Clerical support for Mr. Oshima shown below in expenses - $45.00 per hour.) Ms. Williams' rate is $1200 per day/150 per hour. Task Project Manager Time Architect Sub- Consultant Time Technology Sub - Consultant Time Cost Part A 8 0 0 $1,200 1 . Project Orientation 2. Finalize the Library's Building Program 40 4 0 6,480 3. Evaluate the Current Facility and Site 16 32 0 6,240 4. Evaluate the Library's Technology Options 16 0 16 4,800 5. Present findings 8 8 0 2,160 Subtotal Part A 88/$13,200 44/$5,280 16/$2,400 $20,880 Part B 0 3,120 6. Evaluate Other Potential Sites 8 16 7. Present Findings 8 8 . 0 2,160 Subtotal Part B 16/$2,400 24/$2,880 0 $5,280 Part C 0 2,880 8. Develop Cost Estimates for the Library Building and Programs 16 4 9. Provide a Report on Financing Options 16 0 0 2,400 1 0. Develop a Final Report 32 0 0 4,800 Subtotal Part C 64 hours $9,600 4 hours $480 0 68 hours $10,080 Total for Parts A & C 152 hours $22,800 48 hours $5,760 16 hours $2,400 216 hours $30,960 Totals for all Parts 168 hours $25,200 72 hours $8,640 16 hours $2,400 256 hours $36,240 Beverley Simmons and Associates Page 6 National City Library Building Project Proposal Revised Work Plan and Cost Estimate January 34 2001 (2.) Estimated Expenses Expenses are based on the number of trips and on site days, and estimated printing costs. Estimated expenses are reimbursable costs, but this information is provided to allow the City to have a reasonable expectation of expenses. Expense Category Cost Estimate Totals Project Manager Expenses Mileage (10 trips, 300 mi. RT @$.3251mi.) 975 Hotel (5 overnights @$160) 800 Meals (10 days @$35/day) 350 Clerical support for Libris Design data entry 2,500 Printing reports 450 Subtotal Simmons $5,075 Architect Expenses Airfare and ground transportation 1,200 Per Diem 200 Photos 100 Clerical 1,080 Structural Engineer 500 Cost Estimator 2,000 Subtotal Architect $5,080 Technology Consultant Airfare 250 Hotel (1 night) 160 Meals 70 Parking, misc. 40 Subtotal Technology Consultant $520 Total all Estimated Expenses $10,675 Beverley Simmons and Associates Page 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. 3 /ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1540 E. 18Th STREET (APPLICANT: JOSE C. SORIANO, SR.) (CASE FILE NO.: CUP-1999-6) PREPARED BY Jon Cain - Associate PlannerPARTMENT Planning EXPLANATION The Council voted to approve this item at the February 27, 2001 public hearing. The attached resolution is necessary to follow through on the action. Conditions 10-12 in the resolution were added per Council action. CEnvironmental Review X N/A ategoncal Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. RCe BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-28 A-200 (9.29) RESOLUTION NO. 2001— 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FORA CHURCH AT 1540 E. 18111 STREET (Applicant: Jose c. Soriano, Sr.) (Case File No. CUP-1999-6) WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 1540 E. 18th Street at the regularly scheduled City Council meeting of February 27, 2001 at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. CUP-1999-6 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law, and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on February 27, 2001 support the following findings: 1. That the site for the proposed use is adequate hi size and shape, since the proposed use will take place in an existing structure and since the parcel is large enough to accommodate the required parking spaces. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by 18th Street and Palm Avenue, both of which are collector streets with sufficient capacity to handle traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will have more than the required parking area and will take place within a building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for residents to attend religious services. Resolution No. 2001— 28 March 6, 2001 Page 2 of 3 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the use of an existing 1,559 square foot building as a church All plans submitted for permits associated with the facility shall conform with Exhibit A Revised, case file no. CUP-1999-6, dated 12/5/2000, except as modified by conditions of approval. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Mechanical, Plumbing, and Electrical Codes and the California Title 24 energy and handicapped regulations. 3. Deteriorated portions of the existing street improvements (15 feet of sidewalk) along the property frontage shall be removed and replaced, and the abandoned driveway apron along Palm Avenue shall be replaced with curb, gutter, and sidewalks in accordance with City standards. 4. Street improvements along the property frontage shall be kept free from weed growth. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Pennit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. Hours of church services shall be limited to Sundays between 10:00 am. and 2:00 p.m. and 5:00 and 9:00 p.m., and Wednesdays between 7:00 and 9:00 p.m. 8. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 9. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 10. Double pane glass windows shall be installed throughout the church building. Resolution No. 2001— 28 March 6, 2001 Page 3 of 3 11. All doors and windows are to be kept closed when sound amplification is used. 12. The entire parking lot is to be available at all times during use of the building. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of March, 2001. George H. Waters, Mayor AI 1'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: dJ George H. Etser, >II City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 03/06/01 AGENDA ITEM NO. / ITEM TITLE WARRANT REGISTER #35 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #35 per government section gode 37208. { Environmental Review N/A Financial Statement N/A Approved By. J o Account No. STAFF RECOMMENDATION I recommend certification of these warrants for a total of $2,119,069.64 BOARD ! COMMISS N RECOMMENDATION Cenci,w: ATTACHMENTS ( Listed Below ) 1. Warrant Register 135 2. Workers' Comp Warrant Register dated 02/22/01 3. Payroll dated 2/28/01 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. 5 (-ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF OCTOBER 31, 2000 PREPARED BY A. Hunter 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 Oct. 31, 2000 is hereby submitted. This report reflects the components of the investment portfolio as of Oct. 31, 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. STAFF RECOMMENDATION We recommend that the report be accepted and filed. Approved By: intaff4)f ice Director BOARD / COMMISSION ECOMMENDATION Mitei41. ) ,z(Axiite_c__ ATTACHMENTS $ Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers. Account No. Resolution No. 5. Consolidated Cash Report. 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 October 31, 2000 BALANCE REVOLVING CASH $ 3,599.85 RETURNED CHECKS 5,949.44 BANK OF AMERICA #80200 1,165,642.14 OUTSTANDING WARRANTS (214,043.44) PAYROLL OUTSTANDING WARRANTS (27,765.47) CASH HELD BY BROKERS 3,322.69 INVESTMENTS 23,228,620.76 LAIF 8, 584, 575.01 TOTAL $ 32,749,900.98 INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2000-01 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 YEAR-TO-DATE TOTAL YEAR 470,141.77 206,175.26 330, 585.97 360,009.65 281, 308.45 332,656.77 238, 234.18 176,273.88 32,259.24 200, 607.38 189,523.19 271,181.88 315,729.35 225,766.70 274,129.65 635,784.06 1,841,539.16 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 1000 Combined Cash Reconciliation Worksheets 119 tf8H-f- SymPro City of National City Portfolio Management Portfolio Summary October 31, 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 7,414,000.00 7,414,000.00 7,414,000.00 31.92 502 229 6.598 6.690 Certificates of Deposit - Maturity 194,000.00 194,000.00 194,000.00 0.84 1,081 699 6.436 6.526 Negotiable/TransferableCDs 4,862,000.00 4,607,326.49 4,5Q4,286.23 19.39 1,974 1,391 7.962 8.073 Federal Agency Securities 10,850,000.00 10,711,857.73 10,844,993.80 46.69 1,297 801 8.153 6.239 Pass Through Securities 282,993.89 267,588.32 271,340.73 1.17 1,338 563 7.893 8.003 Investments 23,582,993.89 23,194,752.54 23,228,620.76 100.00% 1,173 729 6.669 6.761 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return k, Marylou Matienz6! Director of Finance 1 Run Date: 02/28/2001 - 14:17 134,789.25 23,216,566.38 6.84% 536,612.65 23,882,832.14 6.67% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f CUSP City of National City Portfolio Management Page 2 Portfolio Details - Investments October 31, 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 Certificates of Deposit - Monthly 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 545 04/30/2002 10367 American Pacific Bank 03/17/2000 99,000.00 99,000.00 99,000.00 6.950 6.950 138 03/19/2001 10201 Ashbum Bank 05/11/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 191 05/11/2001 10425 Asia Europe Americas Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 358 10/25/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 551 05/06/2002 10410 Bank of Alamo 09/08/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 313 09/10/2001 10426 Bank of Alice, The 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 358 10/25/2001 10306 Bank Star One 12/01/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 29 11/30/2000 10428 Bank of Wilmington 10/30/2000 99,000.00 99,000.00 99,000.00 7.110 7.110 363 10/30/2001 10398 Boundary Waters Community Bank 06/30/2000 99,000.00 99,000.00 99,000.00 7.600 7.600 243 07/02/2001 10333 BPD International Bank 01/05/2000 99,000.00 99,000.00 99,000.00 6.600 6.600 64 01/04/2001 10312 BankUSA FSB 12/22/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 50 12/21/2000 10225 Corn Belt B & T Co 06/28/1999 99,000.00 99,000.00 99,000.00 6.200 6.200 239 06/28/2001 10173 Cross Country Bank 04/02/1999 100,000.00 100,000.00 100,000.00 5.580 5.580 152 04/02/2001 10302 Commercial Federal Bank FSB 11/12/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 12 11/13/2000 10417 Citizens Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 331 09/28/2001 10174 Cows Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 531 04/16/2002 10384 Cowlitz Bank 05/08/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 188 05/08/2001 10422 Credit America Savings Co 10/18/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 351 10/18/2001 10407 Community Savings Bank 08/31/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 303 08/31/2001 10350 Decatur State Bank 02/03/2000 99,000.00 99,000.00 99,000.00. 6.800 6.800 93 02/02/2001 10181 Centennial Bank (Eaton Bank) 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 180 04/30/2001 10207 Erie State Bank 05/14/1999 99,000.00 99,000.00 99,000.00 5.500 5.500 13 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 8 11/09/2000 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 544 04/29/2002 10300 First Bank of Turley 11/02/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 0 11/01/2000 10408 First Capital Bank of Kentucky 09/06/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 490 03/06/2002 10388 - First Financial Bank 06/02/2000 99,000.00 99,000.00 99,000.00 7.750 7.750 213 06/02/2001 10344 First Enterprise Bank 01/24/2000 99,000.00 99,000.00 99,000.00 6.800 6.800 83 01/23/2001 10374 First Federal Bank FSB 04/19/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 169 04/19/2001 10420 First Western Bank 10/11/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 250 07/09/2001 10414 FNB of Barnesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 510 03/26/2002 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 537 04/22/2002 10209 FNB of Jackson 05/20/1999 99,000.00 99,000.00 99,000.00 5.800 5.881 201 05/21/2001 10313 Franklin Bank & Trust Co 01/04/2000 99,000.00 99,000.00 99,000.00 6.600 6.600 63 01/03/2001 10430 First State Bank 10/20/2000 99,000.00 99,000.00 99,000.00 7.070 7.070 352 10/19/2001 220872DT9 Run Date: 02/28/2001 - 14:17 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Page 3 Portfolio Details.- Investments October 31, 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 Certificates of Deposit - Monthly 10260 First State Bank of Colfax 09/02/1999 99,000.00 99,000.00 99,000.00 6.300 6.300 62 01/02/2001 10403 First State Bank - Wisconsin 08/17/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 288 08/16/2001 10247 First Suburban National Bank 07/15/1999 99,000.00 99,000.00 99,000.00 6.150 6.150 76 01/16/2001 10401 Signal Bank S (Goodhue County) 07/24/2009 99,000.00 99,000.00 99,000.00 7.500 7.500 265 07/24/2001 10402 Golden Security Thrift & Loan 07/28/2000 90,000.00 90,000.00 90,000.00 7.500 7.500 269 07/28/2001 10309 Guaranty Bank 12/16/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 44 12/15/2000 10412 Hometown Bank 09/19/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 252 07/11/2001 10385 Heritage Bank of Commerce 05/12/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 191 05/11/2001 10310 High Desert State Bank 12/17/1999 99,000.00 99,000.00 99,000.00 6.810 6.610 47 12/18/2000 10311 Home City Federal Savings Bank 12/22/1999 99,000.00 99,000.00 99,000.00 6.600 6.600 50 12121/2000 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 537 04/22/2002 10308 International Bank of Chicago 12/14/1999 99,000.00 99,000.00 99,000.00 6.550 6.550 42 12/13/2000 10351 Ionia County National Bank 02/03/2000 99,000.00 99,000.00 99,000.00 6.800 8.800 93 02/02/2001 10169 Key Bank USA 04/05/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 155 04/05/2001 10343 Leighton State Bank 01/20/2000 99,000.00 99,000.00 99,000.00 6.760 6.760 79 01/19/2001 10368 Lewiston State Bank 03/24/2000 99,000.00 99,000.00 99,000.00 7.000 7.097 145 03/26/2001 10223 Merrick Banking Corporation 06/21/1999 99,000.00 99,000.00 99,000.00 6.000 8.000 232 O6/21/2001 t 10307 Metter Banking Company 12/07/1999 99,000.00 . 99,000.00 99,000.00 6.650 6.650 35 12/06/2000 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 558 05/13/2002 J 10416 Mid -America Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 334 10/01/2001 10415 Morris State Bank, The 09/27/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 330 09/27/2001 10380 NCB Savings Bank FSB 04/28/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 180 04/30/2001 10373 Progrowth Bank (Nicollet S B) 04/04/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 153 04/03/2001 10224 Park Avenue Bank NA, The 06/24/1999 99,000.00 99,000.00 99,000.00 6.050 6.050 236 06/25/2001 10396 Peoples Bank of Kentucky 06/05/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 216 06/5/2001 10304 Planters Bank 11/18/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 16 11/17/2000 10419 Premier Bank 10/10/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 159 04/09/2001 10177 Queens County Savings Bank 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 537 04/22/2002 10305 Republic Bank Bountiful 11/23/1999 99,000.00 99,000.00 99,000.00 6.500 6.500 22 11/23/2000 10386 Rushmore State Bank 05/15/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 195 05/15/2001 10427 Small Town Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 358 10/25/2001 10193 E*Trade Bank (TeleBank) 05/O6/1999 99,000.00 99,000.00 99,000.00 5.660 5.660 369 11/05/2001 10400 Traders Bank 07/11/2000 99,000.00 99,000.00 99,000.00 7.600 7.706 252 07/11/2001 10418 Triad Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 331 09/28/2001 10381 Tumberry Bank 05/03/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 183 05/03/2001 10389 Universal Savings Bank FSB 05/18/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 288 08/16/2001 Run Date: 02/28/2001 - 14:17 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Page 4 Portfolio Details - Investments October 31, 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 Certificates of Deposit - Monthly 10379 Walton Bank & Trust Co 04/20/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 170 04/20/2001 10387 Western Security Bank 06/26/2000 99,000.00 99,000.00 99,000.00 7.600 7.600 237 06/26/2001 10196 Winton Savings & Loan 05/07/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 187 05/07/2001 Subtotal and Average 7,392,000.00 7,414,000.00 7,414,000.00 7,414,000.00 8.690 229 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 10382 Bank of Washington 03/08/2000 99,000.00 99,000.00 99,000.00 6.950 Subtotal and Average 194,000.00 194,000.00 194,000.00 194,000.00 6.526 699 6.083 1,296 05/20/2004 6.950 127 03/08/2001 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 1,563 02/11/2005 08035A077 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 1,182 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 1,534 01/13/2005 15640X6K8 10158 Centura National Bank 03/09/1999 95,000.00 94,762.50 95,000.00 6.000 6.000 2,138 09/09/200615 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 1,183 01/28/2004 31 258115AV6 10041 Dora! FSB 12/10/1998 99,000.00 99,000.00598,384.22 5.350 5.493 1,134 12/10/2003 29874FA32 10134 European American Bank 02/04/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,372 08/04/2004 10031 Farmers Bank 10/0211998 100,000.00 95,000.005,948.98 75,948.98 5.850 13.769 1,065 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 5.700 5.700 1,225 03/10/2004 33847EGE1 10205 Flagstar Bank 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 559 05/14/2002 32109VAH7 10203 FNB of Lucedale 05/12/1999 97,000.00 95,552.76 97,000.00 5.500 5.500 558 05/13/2002 10195 FNB of America 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 551 05/06/2002 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 94,271.39 97,000.0055.500 10324 First Bank & Trust 04/28/1999 100,000.00 85,276.39 85,276.39 5.750 5.600 1,253 04/07/2004 12.530 536 04/21/2002 10325 First Union Bank 02/23/1999 100,000.00 84,801.52 84,000.52 5.820 12.683 507 03/23/2002 • 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 97,222.00 100,01.00 5.600 10262 Great South Texas Bank 09/15/1999 100,000.00 75,811.23 75,811.23 6.550 15.190 1,365 05.600 1,232 03/17/2004/28/2004 10037 Hometown Bank NA 11/20/1998 100,000.00 85,328.46 85,328.46 5.650 12.402 341 10/08/2001 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 97,000.00 97,000.00 5.500 5.500 1,253 04/07/2004 44921 CBN6 10042 IBJ Schroder Bank & Trust Co 12/23/1998 95,000.00 _ 94,762.50 95,000.00 5.550 5.550 1,147 12/23/2003 45383NA04 10160 Independent Bank W Michigan 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 1,219 03/04/2004 47816HAB3 10161 Johnson Bank 03/17/1999 95,000.00 95,000.00 95,000.00 6.250 6.250 3,058 03/17l2009 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 4,833 01/25/2014 51803AVLO 10327 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,828 04/26/2011 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,241 03/26/2004 Run Date: 02/28/2001 -14:17 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02( CUSIP City of National City Portfolio Management Portfolio Details - Investments October 31, 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 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,241 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 3,009 01/27/2009 564759LT3 10152 Manufacturers & Traders Trust 03/04/1999 95,000.00 94,762.50 93,114.92 5.500 5.847 1,941 02/24/2006 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 94,610.89 97,000.00 5.400 5.400 852 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 1,308 06/01/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.36 69,971.36 6.550 15.910 1,778 09/14/2005 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 1,005 08/03/2003 64880TGC5060 10136 New South Federal Savings Bank 02/23/1999 97,000.00 94,985.31 97,000.00 5.300 5.299 649 08/12/2002 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 81,648.27 99,000.00 5.750 5.750 1,098 11/04/2003 680061BK3 10076 Old National Bank 01/28/1999 95,000.00 95,060.00 94,772.00 6.000 6.032 3,010 01/28/2009 710198GA4 10133 Peoples Bank 02/10/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,378 08/10/2004 10341 Pony Express Bank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,509 12/19/2004 743836T00 10043 Provident Bank 01/21/1999 99,000.00 95,692.41 99,000.00 5.500 5.500 1,358 07/21/2004 82661YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95,249.24 6.500 6.432 1,015 08/13/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 1,092 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 93,754.38 97,000.00 5.400 5.400 1,218 03/03/2004 10263 South Bay Bank 07/26/1999 100,000.00 88,986.23 88,986.23 6.180 13.125 267 07/26/2001 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 95,376.22 98,658.70 5.850 5.405 972 07/01/2003 853389CG7060 10164 Standard Federal Bank 03/19/1999 97,000.00 95,028.96 97,000.00 5.850 5.850 1,234 03/19/2004 789369HG3 10075 St Francis Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 3,011 01/29/2009 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 1,186 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 78,963.99 78,963.99 6.570 14.890 1,087 10/24/2003 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 74,008.71 74,008.71 7.020 16.505 1,555 02/03/2005 959897EA3 10150 Western Bank PR 03/03/1999 95,000.00 95,000.00 95,000.00 5.400 5.400 671 09/03/2002 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 1,212 02/26/2004 Subtotal and Average ' 4,504,286.23 4,862,000.00 4,607,326.49 4,504,286.23 8.073 1,391 Federal Agency Securities 31331RK38060 10124 Federal Farm Credit Bank 11/24/1998 250,000.00 244,592.50 250,000.00 5.800 31331 HXXOC 10273 Federal Farm Credit Bank 07/30/1999 100,000.00 99,385.50 100,000.00 6.250 31331HXU6 10282 Federal Farm Credit Bank 07/27/1999 100,000.00 99,300.00 100,000.00 6.380 313318R66 10382 Federal Farm Credit Bank 05/02/2000 100,000.00 100,000.00 100,000.00 7.000 3133M8J25C 10054 Federal Home Loan Bank 11/25/1998 150,000.00 146,359.95 150,000.00 5.825 3133M6KY3C 10055 Federal Home Loan Bank 11/25/1998 150,000.00 146,935.80 150,000.00 6.000 3133M6N79C 10057 Federal Home Loan Bank 12/01/1998 100,000.00 97,802.70 100,000.00 5.930 3133M6TV0C 10059 Federal Home Loan Bank 12/22/1998 100,000.00 97,142.80 100,000.00 5.660 Run Date: 02/28/2001 - 14:17 5.800 1,118 11/24/2003 6.250 453 01/28/2002 6.380 817 01/27/2003 7.000 547 05/02/2002 5.825 1,119 11/25/2003 6.000 1,119 11/25/2003 5.930 1,125 12/01/2003 5.860 1,146 12/22/2003 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Page 6 Portfolio Details - Investments October 31, 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 3133M8W38C 10080 Federal Home Loan Bank 12/23/1998 100,000.00 97,262.90 100,000.00 5.710 5.710 1,147 12/23/2003 3133M6GQ5 10063 Federal Home Loan Bank 11/17/1998 100,000.00 97,656.00 100,000.00 5.785 5.785 1,111 11/17/2003 3133M6NC8 10065 Federal Home Loan Bank 12/01/1998 100,000.00 97,906.00 100,000.00 5.910 5.910 1,125 12/01/2003 3133M6PS1 10066 Federal Home Loan Bank 12/10/1998 100,000.00 98,781.00 100,000.00 5.780 5.780 588 06/10/2002 3133M6NX2 10067 Federal Home Loan Bank 12/04/1998 100,000.00 98,000.00 100,000.00 5.970 5.970 1,128 12/04/2003 3134A2D39 10068 Federal Home Loan Bank 12/22/1998 100,000.00 97,469.00 100,000.00 5.820 5.820 1,148 12/22/2003 3133M6K98 10069 Federal Home Loan Bank 11/25/1998 100,000.00 98,297.00 100,000.00 5.640 5.640 754 11/25/2002 3133M6MP0060 10118 Federal Home Loan Bank 12/02/1998 100,000.00 98,406.00 100,000.00 5.770 5.770 761 12/02/2002 3133M8PD4060 10119 Federal Home Loan Bank 12/04/1998 100,000.00 97,719.00 100,000.00 5.875 5.875 1,128 12/04/2003 3133M6P69060 10120 Federal Home Loan Bank 12/04/1998 100,000.00 98,000.00 100,000.00 6.000 6.000 1,128 12/044/2003 3133M6Q68060 10121 Federal Home Loan Bank 12/09/1998 125,000.00 123,163.75 125,000.00 5.860 5.860 768 12/0/2002 3133M6PX0060 10128 Federal Home Loan Bank 12/02/1998 125,000.00 121,953.75 125,000.00 5.795 12/02/2003 3133M7KY1060 10144 Federal Home Loan Bank 02/24/1999 150,000.00 147,441.00 150,000.00 5.250 5.795 1,126 5.250 1,210 02/24/2004 3133M71J46 10157 Federal Home Loan Bank 03/15/1999 100,000.00 97,891.00 100,000.00 6.000 6.000 1,230 03/15/2004 3133M85N0 10170 Federal Home Loan Bank 03/18/1999 100,000.00 98,498.60 100,000.00 6.050 6.050 867 03/18/2003 3133M7XW1C 10171 Federal Home Loan Bank 03/23/1999 100,000.00 98,611.30 100,000.00 5.940 5.940 691 09/23/2002 pp 3133M8N83C 10202 Federal Home Loan Bank 05/12/1999 100,000.00 98,175.20 100,000.00 5.740 5.740 741 11/12/2002 3p 3133M8UA0 10210 Federal Home Loan Bank 05/24/1999 100,000.00 98,719.00 100,000.00 5.885 5.685 569 05/24/2002 3133M8T38 10211 Federal Home Loan Bank 05/24/1999 250,000.00 246,687.50 250,000.00 6.185 3134A3S00C 10212 Federal Home Loan Bank 05/27/1999 100,000.00 98,887.90 100,000.00 6.0006.185 1,300 05/24/2004 6.000 572 05/2/2002 3133M8SD7C 10213 Federal Home Loan Bank 05/27/1999 100,000.00 98,445.50 100,000.00 5.930 5.930 756 11/27/2002 3133M8SW5C 10214 Federal Home Loan Bank 05/27/1999 100,000.00 98,412.80 100,000.00 5.910 5.910 756 11/27/2002 3133M8SD7 10215 Federal Home Loan Bank 05/27/1999 100,000.00 98,650.00 100,000.00 5.930 5.930 756 11/27/2002 3133M8UT9 10227 Federal Home Loan Bank 06/03/1999 100,000.00 98,828.00 100,000.00 6.000 8.000 762 12/03/2002 3133M8V92C 10228 Federal Home Loan Bank 06/09/1999 100,000.00 98,563.50 100,000.00 6.000 6.000 768 12/09/2002 3133M8ZP2C 10230 Federal Home Loan Bank 06/24/1999 100,000.00 99,136.20 100,000.00 6.250 6.250 600 06/24/2002 3133M6J33060 10239 Federal Home Loan Bank 11/24/1998 115,000.00 112,053.70 115,000.00 5.730 5.730 1,118 11/24/2003 3133M94LC3 10240 Federal Home Loan Bank 06/17/1999 100,000.00 99,339.30 100,000.00 8.140 6.140 411 12/17/2001 3133M94L3 10242 Federal Home Loan Bank 06/17/1999 100,000.00 99,500.00 100,000.00 6.140 6.140 411 12/17/2001 3133M9C42 10265 Federal Home Loan Bank 07/13/1999 100,000.00 99,380.00 100,000.00 7.000 7.000 1,350 07/13/2004 3133M9A85 10266 Federal Home Loan Bank 07/09/1999 100,000.00 99,280.00 100,000.00 8.200 6.200 615 07/09/2002 3133M9DD1 10267 Federal Home Loan Bank 07/28/1999 100,000.00 100,000.00 100,000.00 7.000 1,365 07/28/2004 3133M9BJ0C 10270 Federal Home Loan Bank 07/12/1999 100,000.00 99,411.40 100,000.00 6.020 7.06.000 0020 253 07/12/2001 3133M9D90 10271 Federal Home Loan Bank 07/19/1999 100,000.00 99,419.10 100,000.00 6.040 6.040 260 07/1/2001 3133M9FX5C 10272 Federal Home Loan Bank 07/29/1999 100,000.00 99,186.10 100,000.00 6.340 3133M9NW8 10279 Federal Home Loan Bank 08/25/1999 100,000.00 100,000.00 100,000.00 6.540 6.340 635 07/29/2002 6.540 481 02/25/2002 Run Date: 02/28/2001 - 14:17 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Page 7 Portfolio Details.- Investments October 31, 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 Federal Agency Securities 3133M9A85 10280 Federal Home Loan Bank 07/10/1999 100,000.00 99,220.00 100,000.00 6.200 3133M9KU5 10284 Federal Home Loan Bank 08/16/1999 100,000.00 99,720.00 100,000.00 6.030 3133M9NW8 10285 Federal Home Loan Bank 08/25/1999 100,000.00 99,780.00 100,000.00 6.540 3133M6QK7 10286 Federal Home Loan Bank 07/30/1999 200,000.00 198,160.00 198,400.00 6.060 3133MAQ28 10354 Federal Home Loan Bank 02/15/2000 100,000.00 99,920.00 100,000.00 7.000 3133MAP52C 10355 Federal Home Loan Bank 02/14/2000 100,000.00 99,839.30 100,000.00 7.000 3133MAVF3 10359 Federal Home Loan Bank 02/28/2000 100,000.00 100,063.00 100,000.00 7.115 3133M9J45 10360 Federal Home Loan Bank 08/16/1999 100,000.00 99,380.00 100,000.00 6.060 3133MAX95 10364 Federal Home Loan Bank 03/06/2000 100,000.00 99,880.00 100,000.00 7.015 3133MBBZ9 10378 Federal Home Loan Bank 04/18/2000 100,000.00 100,020.00 100,000.00 7.125 3133MBL54 10390 Federal Home Loan Bank 06/06/2000 100,000.00 100,240.70 100,000.00 7.500 3133M6AW8 10399 Federal Home Loan Bank 07/05/2000 300,000.00 302,250.42 300,375.42 4.910 3133M5PZ7 10404 Federal Home Loan Bank 08/17/2000 100,000.00 98,516.00 97,145.60 5.700 3133MBXF9C 10405 Federal Home Loan Bank 08/22/2000 100,000.00 99,961.90 100,000.00 7.030 3133MC4Z5 10413 Federal Home Loan Bank 09/19/2000 100,000.00 99,824.50 100,000.00 7.000 3133MCC78 10423 Federal Home Loan Bank 10/23/2600 100,000.00 100,046.88 100,046.88 7.060 q 3133MCCX1 10424 Federal Home Loan Bank 10/24/2000 100,000.00 99,869.90 100,000.00 7.000 3134A2D39 10048 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 .97,560.00 100,000.00 5.820 �, 3134A2D39C 10058 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 97,572.00 100,000.00 5.820 3134A2G93060 10122 Federal Home Loan Mrtgage Corp 01/05/1999 200,000.00 195,812.00 200,000.00 6.000 3134A2L22060 10123 Federal Home Loan Mrtgage Corp 01/06/1999 150,000.00 148,032.00 150,000.00 6.000 3134A3CT1 10155 Federal Home Loan Mrtgage Corp 03/08/1999 150,000.00 147,655.50 150,000.00 6.300 3134A3CT1 10156 Federal Home Loan Mrtgage Corp 03/08/1999 150,000.00 147,630.00 150,000.00 6.300 3134A3HG4C 10172 Federal Home Loan Mrtgage Corp 04/07/1999 100,000.00 98,440.30 100,000.00 6.000 3134A3NM4 10191 Federal Home Loan Mrtgage Corp 05/03/1999 100,000.00 97,812.00 100,000.00 6.105 3134A3PA8C 10200 Federal Home Loan Mrtgage Corp 05/10/1999 100,000.00 97,924.60 100,000.00 6.140 3134A3ZM1 10276 Federal Home Loan Mrtgage Corp 07/20/1999 100,000.00 99,375.00 100,000.00 6.000 312902HA0C 10298 Federal Home Loan Mrtgage Corp 10/28/1999 100,000.00 100,004.60 100,000.00 7.010 3133TGSG5 10301 Federal Home Loan Mrtgage Corp 12/01/1998 100,000.00 89,910.00 100,000.00 6.000 312902XD6 10391 Federal Home Loan Mrtgage Corp 05/17/2000 100,000.00 100,157.00 100,000.00 7.150 312902YK9C 10392 Federal Home Loan Mrtgage Corp 05/30/2000 150,000.00 150,065.25 150,000.00 7.610 312902YK9 10393 Federal Home Loan Mrtgage Corp 05/30/2000 100,000.00. 100,188.00 100,000.00 7.610 312902YR4 10395 Federal Home Loan Mrtgage Corp 05/30/2000 100,000.00 100,000.00 100,000.00 7.600 3134A2ZQ4 10411 Federal Home Loan Mrtgage Corp 09/12/2000 85,000.00 83,781.53 85,150.90 6.000 3129022J7C 10421 Federal Home Loan Mrtgage Corp 10/10/2000 100,000.00 99,743.40 100,000.00 7.000 31384GHP7C 10056 Federal Natl. Mortgage Assoc. 11/25/1998 100,000.00 98,066.50 100,000.00 8.020 Run Date: 02/28/2001 - 14:17 8.200 615 07/09/2002 6.030 107 02/16/2001 6.540 481 02/25/2002 6.431 411 12/17/2001 7.000 471 02/15/2002 7.000 471 02/15/2002 7.115 484 02/28/2002 6.060 288 08/16/2001 7.112 309 09/06/2001 7.125 533 04/18/2002 7.500 582 06/06/2002 6.199 9 11/10/2000 7.171 698 09/30/2002 7.030 658 08/21/2002 7.000 687 09/19/2002 6.963 721 10/23/2002 7.000 904 04/24/2003 5.820 1,146 12/22/2003 5.820 1,146 12/22/2003 6.000 1,160 01/05/2004 6.000 796 01/06/2003 6.300 1,223 03/08/2004 6.300 1,223 03/08/2004 6.000 887 04/07/2003 6.105 1,279 05/03/2004 6.140 1,286 05/10/2004 6.000 261 07/20/2001 7.010 726 10/28/2002 6.083 1,003 08/01/2003 7.150 562 05/17/2002 7.610 394 11/30/2001 7.610 394 11/30/2001 7.600 394 11/30/2001 6.423 1,134 12/10/2003 7.000 1,073 10/10/2003 6.020 1,119 11/25/2003 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Page 8 Portfolio Details - Investments October 31, 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 Federal Agency Securities 31364GDH9 10062 Federal Natl. Mortgage Assoc. 10/22/1998 250,000.00 245,950.00 250,000.00 6.040 6.040 1,085 10/22/2003 31364GDH9060 10114 Federal Natl. Mortgage Assoc. 10/22/1998 250,000.00 243,782.50 250,000.00 6.040 6.040 1,085 10/22/2003 31364GTC3 10143 Federal Natl. Mortgage Assoc. 02/18/1999 100,000.00 96,860.00 99,500.00 5.500 5.616 1,204 02/18/2004 31364GWN5 10145 Federal Natl. Mortgage Assoc. 03/02/1999 250,000.00 245,200.00 250,000.00 6.020 6.020 1,217 03/02/2004 31364GJ83 10189 Federal Natl. Mortgage Assoc. 04/23/1999 100,000.00 97,880.00 100,000.00 6.020 6.020 1,269 04/23/2004 31364GJ83C 10190 Federal Natl. Mortgage Assoc. 04/23/1999 100,000.00 97,710.80 100,000.00 6.020 6.020 1,272 04/26/2004 31364GY37 10229 Federal Natl. Mortgage Assoc. 06/23/1999 100,000.00 99,560.00 100,000.00 6.000 6.000 232 06/21/2001 31364GX38 10231 Federal Natl. Mortgage Assoc. 06/17/1999 100,000.00 99,560.00 100,000.00 6.000 6.000 230 06/19/2001 31364G3C1 10269 Federal Natl. Mortgage Assoc. 07/21/1999 100,000.00 99,603.00 100,000.00 6.000 6.000 265 07/24/2001 31364G4L0 10277 Federal Natl. Mortgage Assoc. 08/05/1999 100,000.00 99,680.00 100,000.00 6.170 6.170 279 08/07/2001 31364CUT3 10349 Federal Natl. Mortgage Assoc. 01/28/2000 100,000.00 99,850.00 99,375.00 6.700 7.043 449 01/24/2002 86387R2H4C 10274 Sallie Mae Agency Bond 08/10/1999 100,000.00 99,348.40 100,000.00 6.000 6.000 282 08/10/2001 86387R2P8 10278 Sallie Mae Agency Bond 08/24/1999 100,000.00 99,820.00 100,000.00 6.300 6.300 296 08/24/2001 Subtotal and Average 10,842,014.62 10,850,000.00 10,711,857.73 10,844,993.80 6.239 801 Pass Through Securities 313401TF8010 10093 Federal Home Loan Mrtgage Corp 02/18/1998 1,278.40 1,273.49 1,342.34 10.000 7.745 120 03/01/2001 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 02/18/1998 4,307.60 4,308.98 4,474.57 9.000 7.495 365 11/01/2001 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 02/18/1998 4,340.33 4,345.43 4,508.61 9.000 7.514 334 10/01/2001 31341RDX8010 10096 Federal Home Loan Mrtgage Corp 02/18/1998 2,812.40 2,815.70 2,925.05 9.000 7.412 304 09/01/2001 31341PFR3060 10097 Federal Home Loan Mrtgage Corp 02/18/1998 1,303.67 1,301.45 1,382.01 10.500 7.607 120 03/01/2001 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 02/18/1998 2,824.94 2,876.25 2,916.81 8.500 7.359 426 01/01/2002 31282NAG8060 10116 Federal Home Loan Mrtgage Corp 10/30/1998 195.71 196.38 204.27 12.000 10.985 30 12/01/2000 31341UZL3060 10406 Federal Home Loan Mrtgage Corp 08/22/2000 52,412.00 53,165.42 52,412.83 8.000 12.477 485 03/01/2002 313610EQ6060 10092 Federal Natl. Mortgage Assoc. 12/23/1997 4,030.21 4,128.45 4,163.79 8.500 7.494 516 04/01/2002 31361SN51 10098 Federal Natl. Mortgage Assoc. 02/18/1998 4,653.70 4,767.13 4,828.22 8.500 7.107 426 01/01/2002 31361T4J0060 10102 Federal Nab. Mortgage Assoc. 02/18/1998 1,983.62 2,031.97 2,063.03 8.500 6.967 457 02/01/2002 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 1,479.89 1,476.50 1,531.69 - 8.250. 7.307 1,461 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 48,983.26 50,010.44 51,050.65 8.500 6.626 972 07/01/2003 36216XMV0020 10079 Govt. National Mortgage Assoc. 08/26/1997 2,757.10 2,840.68 2,859.73 8.500 6.671 348 10/15/2001 36217EBM3020 10080 Govt. National Mortgage Assoc. 08/26/1997 1,383.57 1,425.51 1,435.08 8.500 6.727 409 12/15/2001 36202AXN2020 10083 Govt. National Mortgage Assoc. 10/15/1997 4,538.20 4,630.38 4,708.46 8.500 7.361 414 12/20/2001 36202AX77020 10084 Govt. National Mortgage Assoc. 10/21/1997 6,883.52 7,023.34 7,141.66 8.500 7.495 445 01/20/2002 36217LQQ2020 10085 Govt. National Mortgage Assoc: 10/30/1997 10,466.02 10,783.28 10,865.23 8.500 6.657 440 01/15/2002 36216TKS8020 10086 Govt. National Mortgage Assoc. 10/30/1997 4,616.87 4,756.82 4,790.03 8.500 7.329 287 08/15/2001 36218VD59020 10087 Govt. National Mortgage Assoc. 11/12/1997 5,294.51 5,455.00 5,513.06 8.500 6.685 683 09/15/2002 Run Date: 02/28/2001 - 14:17 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments October 31, 2000 Page 9 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Pass Through Securities 36217AUE8020 10088 Govt. National Mortgage Assoc. 11/12/1997 8,969.13 9,195.46 9,266.41 8.000 6.424 499 03/15/2002 36202AYQ4020 10090 Govt. National Mortgage Assoc. 11/21/1997 10,396.96 10,555.35 10,734.99 8.000 7.239 476 02/20/2002 36202A5C7020 10091 Govt. National Mortgage Assoc. 11/25/1997 8,539.41 8,712.87 8,859.75 8.500 7.000 688 09/20/2002 36215SQ55020 10100 Govt. National Mortgage Assoc. 02/18/1998 1,888.38 1,890.73 2,013.62 9.000 7.767 200 05/20/2001 36215N3C6020 10104 Govt. National Mortgage Assoc. 03/17/1998 6,183.15 6,191.61 6,461.41 9.000 6.220 195 05/15/2001 36216NJL8020 10105 Govt. National Mortgage Assoc. 03/17/1998 6,604.77 6,636.17 6,910.32 9.000 7.549 379 11/15/2001 36202A2B2020 10106 Govt. National Mortgage Assoc. 03/17/1998 7,946.85 7,985.96 8,155.58 7.500 6.957 565 05/20/2002 3621614N8020 10107 Govt. National Mortgage Assoc. 03/17/1998 6,291.14 6,338.78 6,590.04 9.000 7.483 379 11/15/2001 362161DT5020 10108 Govt. National Mortgage Assoc. 03/26/1998 6,113.54 6,157.89 6,358.18 9.000 7.150 409 12/15/2001 36217LVM5020 10109 Govt. National Mortgage Assoc. 04/16/1998 12,148.63 12,455.19 12,543.49 8.000 6.352 499 03/15/2002 36218NZ07020 10110 Govt. National Mortgage Assoc. 04/16/1998 7,578.03 7,769.25 7,843.31 8.000 6.344 621 07/15/2002 36202AZU4020 10111 Govt. National Mortgage Assoc. 04/16/1998 9,728.37 9,925.98 10,274.14 8.500 7.513 535 04/20/2002 36202AW52020 10236 Govt. National Mortgage Assoc. 10/21/1997 4,060.01 4,142.48 4,212.37 8.500 6.624 384 11/20/2001 Subtotal and Average 284,265.53 262,993.89 267,568.32 271,340.73 8.003 563 Total Investments and Average 23,216,566.38 Run Date: 02/28/2001 •14:17 23,582,993.89 23,194,752.54 23,228,620.76 6.761 729 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City SymPro CUSIP City of National City Activity Report Sorted By Brokers October 1, 2000 - October 31, 2000 Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Par Value Brokers: Finance 500 Inc Certificates of Deposit - Monthly 10296 Providian National Bank Subtotal and Balance Certificates of Deposit - Maturity 6.520 10/28/2000 0.00 99,000.00 383,000.00 0.00 Subtotal and Balance 95,000.00 99,000.00 284,000.00 95,000.00 Negotiable/Transferable CDs 10029 Cedar Rapids ECU Subtotal and Balance 3,888,000.00 5.650 10/01/2000 0.00 100,000.00 0.00 100,000.00 3,788,000.00 Federal Agency Securities 3133MBAA5 10377 Federal Home Loan Bank Subtotal and Balance 1,585,000.00 7.030 10/12/2000 0.00 100,000.00 0.00 100,000.00 1,485,000.00 Pass Through Securities 31376PGY5 10126 31376PGY5 10126 Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Subtotal and Balance 50,720.33 Brokers Subtotal 24.174% 6,001,720.33 8.500 10/03/2000 10/31/2000 0.00 558.04 0.00 1.179.03 0.00 0.00 1,737.07 48,983.26 300,737.07 5,700,983.26 Brokers: Gilford Securities Inc Federal Agency Securities 3133MAGZ60 10335 Federal Home Loan Bank 7.020 10/11/2000 0.00 100,000.00 3133MBAA5 10375 Federal Home Loan Bank 7.030 10/12/2000 0.00 100,000.00 3129022J7C 10421 Federal Home Loan Mrtgage Corp 7.000 10/10/2000 100,000.00 0.00 3133MCCX1 10424 Federal Home Loan Bank 7.000 10/24/2000 100,000.00 0.00 Subtotal and Balance 3,450,000.00 Brokers Subtotal 14.629% 3,450,000.00 Run Date: 02/28/2001 -14:26 200,000.00 200,000.00 200,000.00 200,000.00 3,450,000.00 3,450,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CUSIP City of National City Activity Report October 1, 2000 - October 31, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Ending Balance Page 2 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10025 Metropolitan FSB of Cleveland 5.900 10/02/2000 10422 Credit America Savings Co 7.150 10/18/2000 10428 Bank of Wilmington 7.110 10/30/2000 Subtotal and Balance 398,000.00 0.00 99,000.00 99,000.00 198,000.00 100,000.00 0.00 0.00 100,000.00 496,000.00 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. 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. 36202AYQ4020 10090 Govt. National Mortgage Assoc. 36202A5C7020 10091 Govt. National Mortgage Assoc. 313610EQ6060 10092 Federal Natl. Mortgage Assoc. 313401TF8010 10093 Federal Home Loan Mrtgage Corp 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 31341 RDX8010 10096 Federal Home Loan Mrtgage Corp 31341PFR3060 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. Run Date: 02/26/2001 - 14:26 8.500 10/17/2000 0.00 281.71 8.500 10/17/2000 0.00 126.05 8.500 10/23/2000 0.00 367.95 8.500 10/23/2000 0.00 561.76 8.500 10/17/2000 0.00 709.14 8.500 10/17/2000 - 0.00 463.91 8.500 10/17/2000 0.00 245.64 8.000 10/17/2000 0.00 498.90 8.000 10/23/2000 0.00 1,061.09 8.500 10/23/2000 0.00 393.42 8.500 10/28/2000 0.00. 1,126.87 10.000 10/17/2000 0.00 310.90 9.000 10/17/2000 0.00 429.58 9.000 10/17/2000 0.00 1,688.05 9.000 10/17/2000 0.00 307.66 10.500 10/17/2000 ' 0.00 181.39 8.500 10/26/2000 0.00 314.47 8.500 10/17/2000 0.00 263.83 9.000 10/23/2000 0.00 376.04 8.500 10/26/2000 0.00 215.99 8.250 10/26/2000 0.00 429.05 9.000 10/17/2000 0.00 1,227.77 9.000 10/17/2000 0.00 724.89 Portfolio CNC CC DA (PRF_DA) SymRept V5.02r City of National City Activity Report October 1, 2000 - October 31, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Ending Balance Page 3 Brokers: Multi -Bank Securities Inc Pass Through Securities 36202A2B2020 10108 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. 36202AZU4020 10111 Govt. National Mortgage Assoc. 31282NAG8060 10116 Federal Home Loan Mrtgage Corp 36202AW52020 10236 Govt. National Mortgage Assoc. 31341 UZL3060 10406 Federal Home Loan Mrtgage Corp Subtotal and Balance 232,811.21 Brokers Subtotal 14.625% 3,369,611.21 7.500 10/23/2000 9.000 10/17/2000 9.000 10/17/2000 8.000 10/17/2000 8.000 10/17/2000 8.500 10/23/2000 12.000 10/17/2000 8.500 10/23/2000 8.000 10/17/2000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 198,000.00 475.54 564.64 496.97 726.89 428.53 844.11 510.21 347.63 2,100.00 18,800.58 214,010.63 118,800.56 3,449,010.63 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 1,850,000.00 w Brokers Subtotal 7.845% 1,850,000.00 0.00 1,850,000.00 0.00 1,850,000.00 4, Brokers: Morgan Keegan 41) Federal Agency Securities Subtotal and Balance 600,000.00 Brokers Subtotal 2.544% 600,000.00 0.00 0.00 600,000.00 600,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance 700,000.00 Brokers Subtotal 2.968% 700,000.00 0.00 700,000.00 0.00 700,000.00 Brokers: U.S. Sterling Capital Corp. Run Date: 02/28/2001 - 14:26 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CUSIP City of National City Activity Report October 1, 2000 - October 31, 2000 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Ending Balance Page 4 Certificates of Deposit - Monthly 10289 First State Bank 6.410 10/16/2000 10290 Lighthouse Community Bank 6.500 10/18/2000 10292 Northeast Bank 6.400 10/10/2000 10294 Rocky Mountain B & T Florence 6.520 10/19/2000 10295 Community National Bank 6.500 10/26/2000 10297 Hometown Bank of Villa Rica 6.550 10/31/2000 10342 United Credit National Bank 6.600 10/11/2000 10419 Premier Bank 7.050 10/10/2000 10420 First Western Bank 7.150 10/11/2000 10425 Asia Europe Americas Bank 7.100 10/24/2000 10426 Bank of Alice, The 7.100 10/24/2000 10427 Small Town Bank 7.100 10/24/2000 10430 First State Bank 7.070 10/20/2000 Subtotal and Balance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 6,734,000.00 594,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 694,000.00 6,634,000.00 Certificates of Deposit - Maturity Subtotal and Balance 99,000.00 Brokers Subtotal 28.550% 6,833,000.00 594,000.00 99,000.00 694,000.00 6,733,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MAGZ6 10334 Federal Home Loan Bank 3133MBAX5 10376 Federal Home Loan Bank 3133MCC78 10423 Federal Home Loan Bank Subtotal and Balance 7.020 10/11/2000 7.115 10/12/2000 7.060 10/23/2000 0.00 0.00 100,000.00 1,200,000.00 100,000.00 Brokers Subtotal 4.664% 1,200,000.00 100,000.00 100,000.00 100,000.00 0.00 200,000.00 1,100,000.00 200,000.00 1,100,000.00 Total 100.000% 24,004,531.54 Run Date: 02/28/2001 - 14:26 1,092,000.00 1,513,537.65 23,582,993.89 Portfolio CNC CC DA (PRE_DA) SymRept V5.02f FUND NUMBER 001 103 106 107 108 109 110 111 113 115 120 123 125 126 130 131 135 136 145 154 157 158 159 169 171 172 173 174 176 179 183 189 190 191 195 196 197 198 200 203 208 211 212 214 303 304 307 308 312 315 343 363 552 627 629 630 631 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS OCTOBER 31, 2000 FUND TITLE GENERAL FUND GENERAL CAPITAL OUTLAY FUND GRANT -CA LITERACY CAMPAIGN RETIREMENT FUND LIBRARY CAPITAL OUTLAY GAS TAXES FUND EMERGENCY PREPAREDNESS FUND P.O.S.T. FUND CULTURAL ARTS FUND PARK & REC CAPITAL OUTLAY FUND PLAN CHECKING REVOLVING FUND GRANT -FAMILIES FOR LITERACY SEWER SERVICE FUND FIRE DEPT ACTIVITIES FUND EMT-D REVOLVING FUND ASSET FORFEITURE FUND SD COUNTY REG AUTO THEFT TASK TINY TOT CLASSES FUND JUVENILE EDUCATION FUND STATE PUBLIC LIBRARY FUND GRANT-SUPPL. LAW ENF. (SLESF) SWIMMING POOL REVOLVING FUND GENERAL PLAN UPDATE RESERVE GRANT -LOCAL LAW ENF. BLOCK LIBRARY SCHOOL DISTRICT CNTRCT TRASH RATE STABILIZATION FUND NATIONAL SCHOOL DIST CONTRACT SWEETWATER SCHOOL DIST CONTRAC POLICE REIMBURSED OVERTIME NPT BUS DONATIONS FUND LITERACY INITIATIVES VI CIVIC CENTER REFURBISHING 30TH STREET CLEANUP FUND - 1303 GRANT - STOP PROJECT LANDSCAPE RESERVE CAPITAL PROJECT RESERVE PRODUCTIVITY IMPROVEMENT RESER PROPERTY EVIDENCE SEIZURE 30TH STREET CLEANUP FUND - 1304 PARK SECURITY/GTE LEASE FY99-00 SUPP. LAW ENFORCEMENT (SLESF) SECURITY AND ALARM REGULATION FUND PERSONNEL COMPENSATION FUND EVERY 15 MINUTES GRANT FY1999-2000 CAPITAL FACILITIES FUND PARK DEVELOPMENT FUND PROPOSITION A" FUND GRANT -HIGHWAY BRIDGE REHAB STP LOCAL/TRANSNET HIGHWAY FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) STATE -LOCAL PARTNERSHIP SECURITY & FIRE ALARM REGULATION FUND TDA LIABILITY INS. FUND INFORMATION SYSTEMS MAINTENANC OFFICE EQUIPMENT DEPRECIATION TELECOMMUNICATIONS REVOLVING �C5 kR 19 ENDING BALANCE 5,645,134.73 261,511.68 876.09 489.16 94,991.11 1,278,206.54 40,000.00 128.96 75,000.00 12,904.15 50,956.79 41,211.76 12,178,798.09 248.11 185,857.34 171,629.84 966.28 11,623.41 7,211.49 82,370.95 112,159.06 25,729.50 143,820.12 1,246.32 2,171.95 318,507.03 5,413.25 66,234.20 33,130.53 614.65 1,991.68 924,697.77 519,371.61 103,359.82 487,411.03 705,300.02 50,000.00 13,442.79 576,249.13 28,000.00 2,904.31 57,418.51 100,000.00 2,833.95 299,571.00 100,000.00 1,423,263.48 106,942.12 417,821.25 33,189.00 37,728.25 35,972.50 35,349.68 3,745,480.12 92,966.10 1,323,205.17 162,807.04 FUND ENDING NUMBER FUND TITLE BALANCE 643 MOTOR VEHICLE SVC FUND 461,445.06 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 50,611.98 TOTAL ALL FUNDS 32,749,900.98 MONTHLY STATEMENT OF RECEIPTS 2/21/01 FOR THE MONTH ENDING OCTOBER FUND NUMBER FUND TITLE OCTOBER YTD.00T 001 GENERAL FUND 1,967,522.85 9,100,954.04 103 GENERAL CAPITAL OUTLAY FUND 0.00 46,363.94 104 LIBRARY FUND 15,134.21 28,124.33 105 PARKS MAINTENANCE FUND 17,635.20 32,772.00 108 LIBRARY CAPITAL OUTLAY 6,984.02 21,065.00 109 GAS TAXES FUND 15,236.00 184,513.49 111 P.O.S.T. FUND 27,229.08 38,152.24 115 PARK & REC CAPITAL OUTLAY FUND 226.00 1,302.00 120 PLAN CHECKING REVOLVING FUND 4,580.03 19,975.92 123 GRANT -FAMILIES FOR LITERACY 45,397.00 56,397.00 125 SEWER SERVICE FUND 468,378.97 1,732,765.32 130 EMT-D REVOLVING FUND 5,105.57 13,284.77 131 ASSET FORFEITURE FUND 10,235.33 35,651.04 135 SD COUNTY REG AUTO THEFT TASK 0.00 41,054.80 136 TINY TOT CLASSES FUND 1,720.00 1,720.00 147 GRANT -JUDGE PROGRAM 0.00 17,006.00 158 SWIMMING POOL REVOLVING FUND 745.50 26,534.00 169 GRANT -LOCAL LAW ENF. BLOCK 0.00 (18.39) 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 5,281.15 172 TRASH RATE STABILIZATION FUND 9,953.39 43,524.09 174 SWEETWATER SCHOOL DIST CONTRAC 58,855.50 58,855.50 176 POLICE REIMBURSED OVERTIME 13,953.83 16,401.44 185 COPS MORE 97-CM-WX-0949 0.00 111,120.00 188 GRANT - HIDTA 0.00 24,498.64 190 30TH STREET CLEANUP FUND - 1303 2,884.21 11,402.51 191 GRANT - STOP PROJECT 27,648.55 124,975.60 192 LEASE ESCROW FUND 3,597.28 14,744.52 199 SOUTH BAY COMMUNITY SVCS GRANT 13,506.00 91,173.00 200 30TH STREET CLEANUP FUND - 1304 3,294.45 (6,494.58) 201 NCJPFA DEBT SERVICE FUND 378,072.91 737,956.52 204 GALE GRANT 0.00 9,731.66 209 FY99-00 LITERACY INITIATIVES VIII 0.00 101,387.00 211 SECURITY AND ALARM REGULATION FUND 5,261.25 15,910.00 214 EVERY 15 MINUTES GRANT FY1999-2000 0.00 2,833.95 301 GRANT-C.D.B.G. 0.00 (211,214.12) 302 CDC PAYMENTS 49,401.80 (147,164.30) 307 PROPOSITION A" FUND 20,000.00 53,881.12 312 STP LOCAL/TRANSNET HIGHWAY 0.00 (6,110.96) 314 OTS GRANT 0.00 22,851.72 343 STATE -LOCAL PARTNERSHIP 0.00 (555.64) 347 PUBLIC RESOURCES ACCOUNT 0.00 92,617.00 552 TDA 223,183.40 650,068.09 627 LIABILITY INS. FUND 70,044.37 278,667.93 629 INFORMATION SYSTEMS MAINTENANC 0.00 (2,664.00) 721 LIBRARY TRUST FUND 0.00 (745.58) TOTAL ALL FUNDS 3,465,786.70 13,490,549.76 / 7 601 FOR THEYMONTH FINDING 66TOBEREMENTS 2/21/01 Ft i001N) GENERAL FUND FUND TITLE OC 36,796OBER 47 5,1.00T 6 391.95 103 GENERAL CAPITAL OUTLAY FUND 3,000.00 3,000.00 104 LIBRARY FUND 54,976.82 216,241.17 105 PARKS MAINTENANCE FUND 44,997.77 170,095.62 108 LIBRARY CAPITAL OUTLAY 0.00 2,985.04 109 GAS TAXES FUND 23,615.59 53,887.57 111 P.O.S.T. FUND 12,483.64 29,448.72 112 LOWER SWEETWATER FUND 6,454.66 24,064.00 115 PARK & REC CAPITAL OUTLAY FUND 0.00 (97.16) 123 GRANT -FAMILIES FOR LITERACY 1,553.75 5,174.65 125 SEWER SERVICE FUND 1,180,323.13 2,434,735.11 135 SD COUNTY REG AUTO THEFT TASK 0.00 18,985.20 136 TINY TOT CLASSES FUND 542.16 542.16 145 JUVENILE EDUCATION FUND 1,665.95 1,665.95 147 GRANT -JUDGE PROGRAM 4,583.44 19,872.91 154 STATE PUBLIC LIBRARY FUND 9,840.56 19,351.21 171 LIBRARY SCHOOL DISTRICT CNTRCT 8,323.24 19,772.14 172 TRASH RATE STABILIZATION FUND 2,084.20 6,991.30 173 NATIONAL SCHOOL DIST CONTRACT 1,693.32 6,645.70 174 SWEETWATER SCHOOL DIST CONTRAC 5,911.50 23,252.11 179 NPT BUS DONATIONS FUND 0.00 200.00 182 COPS GRANT PART II 8,713.69 33,039.53 188 GRANT - HIDTA 5,794.76 23,668.42 189 CIVIC CENTER REFURBISHING 3,273.89 5,494.06 190 30TH STREET CLEANUP FUND - 1303 11,827.71 12,305.77 191 GRANT - STOP PROJECT 10,009.04 33,340.62 192 LEASE ESCROW FUND 3,597.28 35,800.59 193 COPS GRANT PART III 1,511.00 7,761.00 195 LANDSCAPE RESERVE 1,294.81 2,858.14 196 CAPITAL PROJECT RESERVE 0.00 4,000.00 198 PROPERTY EVIDENCE SEIZURE 980.53 2,180.93 199 SOUTH BAY COMMUNITY SVCS GRANT 91,173.00 114,008.00 200 30TH STREET CLEANUP FUND - 1304 7,717.82 13,511.96 201 NCJPFA DEBT SERVICE FUND 737,403.27 737,403.53 204 GALE GRANT 0.00 350.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 18,333.37 66,601.06 209 FY99-00 LITERACY INITIATIVES VIII 93,609.91 93,736.27 210 FY99-00 F.U.L.F.I.L.L. 4,499.98 4,499.98 211 SECURITY AND ALARM REGULATION FUND 2,625.12 9,942.52 218 HIHG INTENSITY PREVENTION ZONE 36,741.28 65,646.51 222 WOW MOBILE GRANT FY 2000-2001 25,521.40 25,521.40 301 GRANT-C.D.B.G. 47,023.62 158,957.66 302 CDC PAYMENTS 37,029.91 125,541.64 307 PROPOSITION A" FUND 58,321.82 110,523.31 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 49.14 313 GRANT-CMAQ 3,473.71 4,780.43 347 PUBLIC RESOURCES ACCOUNT 3,867.32 10,632.33 348 STATE GRANT 350.41 1,298.13 552 TDA 193,788.48 740,849.21 626 FACILITIES MAINT FUND 129,596.25 502,192.67 627 LIABILITY INS. FUND 49,260.28 447,187.64 628 GENERAL SERVICES FUND 11,342.88 41,240.13 629 INFORMATION SYSTEMS MAINTENANC 9,648.60 100,836.95 630 OFFICE EQUIPMENT DEPRECIATION 27,922.94 157,255.29 631 TELECOMMUNICATIONS REVOLVING 12,772.56 37,781.28 632 INFORMATION SERVICES 38,576.10 112,332.47 643 MOTOR VEHICLE SVC FUND 116,977.40 269,572.70 718 TRUST & AGENCY 2,238.84 9,526.69 TOTAL ALL FUNDS 4,399,665.18 12,295,433.31 1-2 den Date City of National City Pooled Investment Transactions Report For the Month of October 2000 Description Institution Ref. No. Amount Beginning Balance 7,266,405.41 4 Deposit LAIF 534537 300,000.00 13 Interest LAIF 118,169.60 16 Deposit LAIF 415476 1,000,000.00 19 Deposit LAIF 577579 500,000.00 27 Withdrawal LAIF 761688 (300,000.00) 30 Withdrawal LAIF 437722 (300,000.00) Ending Balance 8,584,575.01 1000 Combined Cash Reconciliation Worksheets Page 1 2/28/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. 6 t-ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO REMOVE THE 1300 BLOCK OF HOOVER AVENUE FROM THE RESIDENTIAL PARKING DISTRICT "E" PERMIT (RESIDENTS OF HOOVER AVENUE, TSC ITEM NO. 2001-1) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION The residents on Hoover Avenue are requesting that they be removed from the Residential Parking District "E" permit area. Staff has received a petition (see attachments) for the removal of Residential Parking District "E" permit area designation from the 1300 block of Hoover Avenue. Sixty-seven percent (4 OF 6) of -property owners from the 1300 block have signed the petition for removal from the parking district for the purposes of allowing the general public parking access to the front of the properties without the requirement of a permit. The City Engineer and the City Council have the authority to remove a Residential Permit Parking area from a particular residential area, or portion thereof, according to the "Residential Permit Parking Program Policy" that City Council adopted on August 23, 1994. The policy states that a minimum of 60% of the property owners must want the permit parking removed in order to do so. The petitioners believe that there is no longer a need for the parking district on Hoover Avenue. The Engineering Department recommends the approval of the owner's request to be removed from the district. At their meeting on 2/14/01, the Traffic Safety Committee approved the removal of the 1300 block of Hoover Avenue from the Residential Parking District "E" Permit area. Environmental Review v N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of February 14, 2001, approved the removal of the 1300 Block of Hoover Avenue from Residential Parking District "E" Permit area. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-29 A-29 (9/80) RESOLUTION NO. 2001 — 29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO REMOVE THE 1300 BLOCK OF HOOVER AVENUE FROM THE RESIDENTIAL PARKING DISTRICT "E" PERMIT AREA (Residence of Hoover Avenue, TSC Item No. 2000-1) WHEREAS, the residents of Hoover Avenue have submitted a petition signed by sixty-seven percent (67%) of the property owners requesting that 1300 Hoover Avenue be removed from the Residential Parking District "E" permit area for the purposes of allowing the general public parking access to the front of the properties without the required permit; and WHEREAS, the Traffic Safety, at its meeting of February 14, 2001, approved the removal of the 1300 block of Hoover Avenue from the Residential Permit Parking area; and WHEREAS, the City's Residential Permit Parking Program Policy, adopted by the City Council on August 12, 1994, states that the City Council has the authority to remove a Residential Permit Parking area when a minimum of 60% of the property owners approve the permit parking removal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City authorizes the City Engineer to remove the 1300 block of Hoover Avenue from the Residential Parking District "E" Permit area. PASSED and ADOPTED this 6th day of March, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 14, 2001 ITEM TITLE: REQUEST FOR THE REMOVAL OF THE 1300 BLOCK OF HOOVER AVENUE FROM THE RESIDENTIAL PARKING DISTRICT "E" PERMIT (BY: RESIDENTS OF HOOVER AVENUE PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: The residents on Hoover Avenue are requesting that they be removed from the Residential Parking District "E" permit area. Staff has received a petition (see attachments) for the removal of Residential Parking District "E" permit area designation from the 1300 block of Hoover Avenue. Sixty-seven percent of homeowners and almost 100 percent of renters from the 1300 block have signed the petition for removal from the parking district for the purposes of allowing the general public parking access to the front of the properties without the requirement of a permit. STAFF RECOMMENDATION: Staff recommends the removal of Hoover Avenue from the Residential Parking District "E" permit area. EXHIBITS: 1. Petitions 2. Location Map 2001-1 November 20, 2000 Oate Burt Myers City Engineer CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 National City Blvd. National City, CA. 91950 RE: PE 11 HON FOR. REMOVAL OF RESIDENTIAL PERMIT PARKING DISTRICT " E" IN THE 1300 BLOCK OF HOOVER AVENUE We the residents of the 1300 block of Hoover Ave desire to withdraw from the Residential Permit Parking District " E". We understand that removal from the District means that anyone may park in front of our property, even without a Permit. Please sign your name and indicate the address of your property within District " E". Date Name Address Signature //-/f b SESvs L74r2640? /3/L*-o0V4--- ' -moo" i1-)q 66 '1/ � TtA- ' k }A I I -M 001-A061 Queue de? .1332�Iba LW lid) of( %-c_. 1 i-1 g.-66 j?Ao L .ld t,f 172 / ,� ye 1-4.6/Q II-1q-0(, s6-1►(jy,,,-) .,(z- t3zo~ (ieg 0o, ve- u - z.s- Al 1(1-0 cvEc4 b ear a, . i3:7 %aw.r Ai) A- .new (". 0,_. 0 ' r 1 1 � ; PA �A t }, �"v3: - ° elr °°Q, 1 ,i t December 6, 2000 Burt Myers City Engineer CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 National City Blvd. National City, CA. 91950 RE: PETITION FOR REMOVAL OF RESIDENTIAL PERMIT PARKING DISTRICT " E" IN THE 1300 BLOCK OF HOOVER AVENUE We the residents of the 1300 block of Hoover Ave desire to withdraw from the Residential Permit Parking District " E". We understand that removal from the District means that anyone may park in front of our property, even without a Permit. Please sign your name and indicate the address of your property within District " E". Date , Name I 6- D 5A- Address Si nature /3 ;i- . /i rryt--0„ December 6, 2000 Burt Myers City Engineer CITY OF NATIONAL CITY ENGINEERING DEPARTMENT 1243 National City Blvd. National City, CA. 91950 RE: PETITION FOR REMOVAL OF RESIDENTIAL PERMIT PARKING DISTRICT " E" IN THE 1300 BLOCK OF HOOVER AVENUE We the residents of the 1300 block of Hoover Ave desire to withdraw from the Residential Permit Parking District " E". We understand that removal from the District means that anyone may park in front of our property, even without a Permit. Please sign your name and indicate the address of your property within District " E". SfF5. ADD" +ASS I ? $ 146(4m Date Name (I4dU*ddress CiD Ea � liNntb MS L ong Rei ,.o )1)11,01 eltli\6 Signature (STREET) w. CIVIC ,,,,, 1320� 1324/ 1328: RCS' / PARK/NC D/STR/IT CENTER R I V E - 1307 1317 -1333. W. 14th RESIDENTS RESIDENTS AT u 1304 1312 1322 1328 1340 WOULD LIK W *a ULD LIK- T}f DISTIZIC1 O T E DISTRICT)rO REMAIN W V n o STREET 8E REMOVE z NATIONAL City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 7 AGENDA ITEM NO. %ITEM TITLE RESOLUTION DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A 93-UNIT EXTENDED STAY HOTEL AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805. (APPLICANT: EXTENDED STAY AMERICA) (CASE FILE NO.: PD-2000-9) PREPARED BY Jon Cain - Associate Planner DEPARTMENT Planning EXPLANATION The Council voted to deny this item at the February 27, 2001 public hearing. The attached resolution is necessary to follow through on the action. l Environmental Review Financial Statement N/A N/A Negative Declaration (IS-2000-8) Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-30 A-200 (9: 99) RESOLUTION NO. 2001 — 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A 93-UNIT EXTENDED STAY HOTEL AT THE NORTHWEST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805. (Applicant: Extended Stay America) (Case File No. PD-2000-9) WHEREAS, the appeal to the City Council of the Planning Commission's denial of a Planned Development Permit application (PD-2000-9) was Considered by the City Council of the City of National City at a public hearing held on February 27, 2001, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File Nos. PD-2000-9 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on February 27, 2001 fail to support findings, required by the Municipal Code for granting any Planned Development Permit, that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to City Council at the public hearing held on February 27, 2001 support the following findings: 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since the rooms have the potential to be used as small, long-term studio apartments without the necessary parking and open space for such use, and since the project will not include the required on -site manager's unit to ensure users of the facility do not disrupt adjacent properties. 2. That the proposed use will have an adverse effect upon adjacent or abutting properties, because the size of the project and height of the buildings proposed to be constructed, together with the traffic generated by the project, make the project incompatible with the adjacent residential neighborhood. Resolution No. 2001— 30 March 6, 2001 Page 2 of 2 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, as reflected in the Land Use Code, which requires a manager's unit and prohibits hotel stays longer than 30 days and kitchenette facilities in hotels, and the City Council considered but denied Code amendments to delete the requirement for a manager's unit and to allow kitchen facilities and unlimited stays. BE IT FURTHER RESOLVED that the City Council hereby denies Planned Development Permit Application No. PD-2000-9. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of March, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk • APPROVED AS TO FORM: �L.:. George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT March 6, 2000 MEETING DATE AGENDA ITEM NO. 8 / ITEM TITLE AN ORDINANCE AMENDING TITLE 6 OF THE NCMC BY ADDING CHAPTER 6.12 PERTAINING TO THE REGULATION OF TELECOMMUNICATIONS SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF - WAY OR OTHER PUBLIC PROPERTY PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT City Attorney Please see attached Staff Report. J Environmental Review X N/A Financial Statement There is no cost to the City. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Ordinance Resolution No. A-200 (9/80) STAFF REPORT AMENDING TITLE 6 BY ADDING CHAPTER 6.12 RELATING TO THE REGULATION OF TELECOMMUNICATIONS SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY This proposed ordinance adopts a regulatory scheme for telecommunications providers within National City. The need has been demonstrated by an increase in requests for information regarding installation of cable, fiber optics and conduit in the streets, and responds to an expression of interest by the City Council in developing a corresponding process. This ordinance is a companion to the Encroachment Permit Ordinance adopted by the Council in January 2001. This ordinance represents an optimum approach to dealing proactively with situations we will undoubtedly encounter in the very near future, addresses the potential impacts caused by technological advances to the city, and provides an adequate response for and protection to the City. As situations change, the ordinance provides the City the necessary flexibility to allow for accommodations to those changes. Telecommunications regulations and processing are to be under the direct control of the City Manager. This ordinance requires telecommunications providers to obtain either a franchise or license from the City, depending on whether the provider will be providing services within the city, or merely be passing through. Franchise or license fees will be subject to negotiations based on the factors set out in the ordinance. Application processing fees will be based on full cost recovery. Telephone companies regulated by the PUC are exempted from obtaining either a license or franchise. However, all companies (telephone, telecommunications and cable TV) must still apply for encroachment permits for installations in the public rights -of -way or on public property. The ordinance includes a "Most Favored Nation" clause allowing the City to remain on a financial par with any superior financial deals or benefits provided to other cities by a franchisee/licensee. The ordinance requires telecommunications providers to furnish technical and installation data to the City and to locate the facilities in the manner determined by the City Manager and the City Engineer to be optimum. Undergrounding and sharing of excavations is also provided for. Print Date: 3/1/2001 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 6.12 PERTAINING TO THE REGULATION OF TELECOMMUNICATIONS SYSTEMS WHICH UTILIZE PUBLIC STREETS, RIGHTS -OF -WAY OR OTHER PUBLIC PROPERTY The City Council of the City of National City ordains as follows: Section 1: That Title 6 of the National City Municipal Code is amended by adding Chapter 6.12 to read as follows: REGULATION OF TELECOMMUNICATION SYSTEMS Sections: 6.12.010 Title. 6.12.020 Construction. 6.12.030 Scope. 6.12.040 Severability. 6.12.050 Definitions. 6.12.060 Administration —Declaration of powers and authority. 6.12.070 Applicability of this ordinance to a Telecommunications Carrier. 6.12.080 Exemptions from certain provisions of this ordinance for certain Telecommunications Carriers. 6.12.090 Telecommunications Carriers seeking relief from this ordinance. 6.12.100 Failure of the City to enforce this ordinance. 6.12.110 Telecommunications Carrier or its assignees subject to present and future ordinances and/or resolutions. 6.12.120 Resolution of inconsistencies with federal or state rules, regulations or laws. 6.12.130 Resolution of conflicts between this Ordinance and a subsequent Franchise Agreement or License. 6.12.140 Force majeure. 6.12.150 Notices. 6.12.160 Indemnity. 6.12.170 Liability insurance. 6.12.180 Financial security. 6.12.190 Retention and submission of reports and records. 6.12.200 Inspection and review of books, records and other data. 6.12.210 Conditions of use of streets andpublic rights -of -way. 6.12.220 Duty to remove Telecommunications Facilities from streets, public rights - of -way, easements and public property. 2001 Ordinance Telecommunication Systems 6.12.230 Construction standards. 6.12.240 Permits and licenses; payment of fees. 6.12.250 Reservation of right to inspect construction, documents related to construction, and tests related to performance, technical integrity and quality of signal, preventive maintenance and safety. 6.12.260 Construction default. 6.12.270 Vacation or abandonment. 6.12.280 Abandonment in place. 6.12.290 Undergrounding of cable. 6.12.300 Facility agreements. 6.12.310 Erection of poles prohibited. 6.12.320 System technical data. 6.12.330 Availability of technical data. 6.12.340 Use of public property. 6.12.350 Registration. 6.12.360 Telecommunications License. 6.12.370 Telecommunications Franchise. 6.12.380 Term of License or Franchise. 6.12.390 Assignment, transfer or sale of Franchise or License. 6.12.400 Revocation and termination. 6.12.410 Most -Favored -Nation clause. 6.12.420 Possessory interest tax. 6.12.430 Proprietorial information. 6.12.440 Alternative administrative hearing provisions for appeals. 6.12.010 Title. This ordinance, sometimes referred to herein as the "Ordinance", may be known and cited as the Telecommunications Regulatory Ordinance for the City of National City. 6.12.020 Construction. This chapter shall be construed and applied in conjunction with and in accordance with the applicable federal and state laws governing Telecommunications Carriers, Telecommunications Services, Telecommunications Systems, and Telecommunications Facilities, as well as Ordinance No. 2001-2180 relating to encroachment permits contained in Chapter 13.12 of this code. 6.12.030 Scope. This chapter shall apply within the geographical limits of the City to all Telecommunications Carriers, Telecommunications Services, Telecommunications Systems, and Telecommunications Facilities. 6.12.040 Severability. If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. 2001 Ordinance Telecommunications Systems 6.12.050 Definitions. For purposes of this Ordinance, and where not otherwise inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their .derivations shall have the meaning given in this section. Where not defined herein, terms shall be as defined in the Act. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word"shall" is mandatory and not merely directory. "Act" means the Telecommunications Act of 1996, as amended from time to time. "Affiliated person" or "Affiliates," means each Person who falls into one or more of the following categories: (i) each Person having, directly or indirectly, a Controlling Interest in a Telecommunications Carrier, (ii) each Person in which a Telecommunications Carrier has, directly or indirectly, a Controlling Interest; (iii) each officer, director, general partner, limited partner holding an interest of five percent (5%) or more, joint venture, or joint venture partner in a Telecommunications System in the City, and (iv) each Person, directly or indirectly, controlling, controlled by, or under common Control with a Telecommunications Carrier; provided that "Affiliated Person" excludes the City, any limited partner holding an interest of less than five percent (5%) in a Telecommunications Carrier, or any creditor of a Telecommunications Carrier, solely by virtue of . its status as a creditor, and which is not otherwise an Affiliated Person by reason of owning a Controlling Interest in, being owned by, or being under common ownership, common management, or common Control with a Telecommunications Carrier. "Applicant" means a Person submitting an Application or Proposal to the City for a License or Franchise to provide Telecommunications Services or operate a Telecommunications System under the terms and conditions set forth in this Ordinance and any required State or federal regulations. "Application" or "proposal" are synonymous for the purposes of this Ordinance. An "application" or "proposal" means the process by which the Applicant submits a request for an initial authorization, not inclusive of a renewal proposal, and indicates a desire to be granted a telecommunications license or franchise (where required) for all, or a part, of the City. An application or proposal includes all written documentation, and verbal statements and representations, in whatever form or forum made by an Applicant to the City concerning the construction, rendering of services, maintenance, or any other matter pertaining to the proposed Telecommunications System. "Assignment" or "transfer" means any assignment, transfer, sale or other transaction of a franchised or licensed Telecommunications System, or its corporate or partnership parent, which has the effect of changing the operational, managerial, or financial Control of the Telecommunications System or the Telecommunications Carrier. "Cable operator" means any Person or group of Persons who: 1. Provides Cable Service over a Cable System and directly or through one or.more Affiliates owns a Controlling Interest in such Cable System; or 2. Otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. "Cable system" or "Cable television system" means a facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service as defined in the Cable Act and which is provided to multiple subscribers within the City. However, such terms do not include the following: 2001 Ordinance -3- Telecommunications Systems 1. A facility that serves only to retransmit the television signals of one or more broadcast stations; or 2. A facility that serves subscribers without using any public right-of-way; or 3. A facility of a common carrier which is subject, in whole, or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) of the Cable Act, codified at 47 USC 541) to the extent such facility is used in the transmission of video, voice, or data programming or services directly to subscribers; or 4. Any facilities of any electric utility used solely for the operation maintenance, distribution or transmission of electric power. "CEQA" shall mean the California Environmental Quality Act, Section 21000 et seq. of the Public Resources Code of the State of California. "City" means the City of National City, California. "City Council" means the City Council of the City. "Code" refers to the National City Municipal Code. "Consultant" shall mean the entity hired by the Telecommunications Carrier under the supervision of the City to inspect construction and to locate utilities. "Control" or "controlling interest" means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments, or negative control, as the case may be, of the Telecommunications System, the Telecommunications Carrier. A rebuttable presumption of the existence of Control or a Controlling Interest shall arise from the beneficial ownership, directly or indirectly, by any Person or group of Persons acting in concert (other than underwriters during the period in which they are offering securities to the public) of twenty percent (20%) or more of any Person (which Person or group of Persons is referred to as "Controlling Person"), or being a party to a management contract. "Basement" means and shall include any public easement or other compatible use created by dedication, or. by other means, to the City for public utility purposes or any other purpose whatsoever. "Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional Telecommunications Facilities. "FCC" or "Commission" means the Federal Communications Commission and/or such other federal regulatory agency as now or in the future may have jurisdiction to oversee Telecommunications Carriers. "Fiber cable" or "fiberoptic cable" means very thin and pliable cylinders, or strands of glass or plastic, or any future functional equivalent, used to carry wide bands of multiple frequencies. "Franchise" means an authorization or subsequent renewal granted by the City in order for a Person to construct, operate, and/or maintain a Telecommunications System which provides Telecommunications Services in all or part of the City. "Franchise Agreement" means the separate contract by which the City grants a Telecommunications Carrier the right to operate a Telecommunications System within all, or a part, of the City. "Franchise expiration" or "Franchise Agreement expiration" means the date of expiration or the end of the term of a Franchise Agreement. 2001 Ordinance -4- Telecommunications Systems "Franchise fee" means a fee or charge that the City requires as payment for the privilege of using the Streets, Public Rights -of -Ways, and Easements of the City in order to construct, maintain and operate a Telecommunications System or to provide Telecommunications Services to residents of the City. "Franchised Telecommunications Carrier" means a Person that is awarded a Franchise by the City to construct or operate a Telecommunications System within all or part of the City. "Franchising authority" means the City Council. "Functional equivalent" or "functionally equivalent" with respect to a specifically named or referenced piece oftelecommunications equipment means another piece of telecommunications equipment that has either: 1. The same or substantially similar characteristics qualities, operational capabilities, design functions as the original, specifically named or referenced piece of Telecommunications Equipment; or 2. Operates in substantially the same form and fashion as the original specifically named or referenced piece of Telecommunications Equipment; or 3. Operates in a technologically superior manner to the original, specifically named or referenced piece of Telecommunications Equipment. "Grantee" means a person who has been granted a Licensee or Franchise pursuant to this Section. "License" means an authorization to construct a Telecommunications System in the City that does not provide Telecommunications Services to residents of the City. "License fee" means an annual fee or charge that the City requires as payment for the privilege of using Streets, Public Rights -of -Way, and Easements to constrict, maintain and operate a Telecommunications System which does not provide Telecommunications Services to residents of the City. "Nodes" shall mean the cabinet and equipment, including power supply, fans, gas generators, batteries and optical to electrical converters, located in the neighborhoods, which serve homes, businesses or institutions, and which is the point where fiber facilities and coaxial facilities are connected. "Ordinance" means this regulatory ordinance for the City. "Other ways" means the highways, streets, alleys, utility easements or other rights -of -way within the City, but under the jurisdiction and control of a governmental entity other than the City. "Overhead facilities" means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Pedestal" shall mean an aboveground enclosure which houses active and/or passive equipment relating to the Telecommunications System. "Person" means any individual, corporation, estate, trust, partnership, association of two or more Persons having a joint common interest, or joint stock company. "Power supply" shall mean an electronic or gas driven device designed to provide electrical power to all or a portion of the Telecommunications System. "Private Communications Network," or "PCN" or "Private Communications System" means any ancillary or aligned component of a Telecommunications System consisting of communications lines, cables, equipment or facilities which are used to provide telecommunications service that in any manner uses or occupies the streets, easements, public 2001 Ordinance -5- Telecommunications Systems ways, or rights -of -way within the City (as annexed). However, "private communications network" does not include any part of a State or FCC licensed local exchange telephone company or any part of a federal, state, City or local government owned Telecommunications System. "Proposed abandonment of telecommunications service" or "Proposed Withdrawal of Telecommunications Service" or "Proposed Cessation of Telecommunications Service" means the actual or imminent, or expected (either voluntary or involuntary) disruption, discontinuance, desertion or removal of a Telecommunications Carrier's operation and provision of Telecommunications Service from all, or part, of the City for a projected period exceeding four months in duration. "Public property" means and includes all real property owned, operated or controlled by the City, other than Streets, Public Rights -of -Way, sidewalks and Easements, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Ordinance. "Public right-of-way" means any public street, public way, public place or rights -of -way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City. "Pull box" shall mean a flush mounted or aboveground housing that encloses one or more conduit openings. "PUC" means the California Public Utilities Commission. "Revocation," "termination" or "nonrenewal" means an official act by the Franchising Authority that removes, repeals or rescinds previously approved authorization for a licensed or Franchised Telecommunications Carrier to operate a Telecommunication System within the City. "State" means the State of California. "Street" means the surface of, and the space above and below a public street (or any path or thoroughfare designated for vehicular and/or pedestrian traffic), or other easement now or hereafter held by the City (including any street, as defined, which is acquiredby eminent domain) for the purpose of public travel. "Subscriber" means a Person lawfully receiving or using a Telecommunications Service delivered by a Telecommunications Carrier over a Telecommunications System. "Surplus space" or "surplus capacity" means that portion of the usable space on a utility pole or other Telecommunications Facilities which has the necessary clearance from other users, as required by the orders and regulations of the California Public Utilities Commission (PUC) to allow its use by a Telecommunications Carrier. "Tap" means an electronic pathway, by way of wire, coaxial, fiber, or otherwise between that portion of the Telecommunications System located in the public rights -of -way and the subscriber's residential, commercial, or industrial structure. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as set and received. "Telecommunications Carrier" means (i) any owner, by way of fee ownership, lease, management agreement, of any Telecommunications System or Telecommunications Facilities, or (ii) the direct or indirect provider of Telecommunication Services whether the Telecommunication Service is offered by the owner of the Telecommunications System, an affiliate, or a related entity, by way of ownership, lease, control, or operation of a Telecommunications System. A Person shall be deemed a Telecommunications Carrier, even if 2001 Ordinance -6- Telecommunications Systems it does not directly provide Telecommunications Services, if it rents or leases a Telecommunications System and/or Telecommunications Facilities to another person that provides Telecommunications Services. "Telecommunications Equipment" means equipment, other than customer premises equipment, used by a carrier to provide Telecommunications Services, and includes software, integral to such equipment (including upgrades) that are not located, in whole or in part, in, above, or below Streets, Public Rights -of -Way or other public property. "Telecommunications Facilities" shall mean any equipment located, in whole or in part, in, above, or below Streets, Public Rights -of -Way, or other public property used by the Telecommunications Carrier in its Telecommunications System including without limitation, conduits, cables, cabinets, Nodes, structures, headend equipment, receive only earthstations, down link equipment and antennas, electronics, fiber cable, coaxial cable, drops and switching equipment whether part of a stand-alone system or in conjunction with or as part of a Cable System. "Telecommunications Service" means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. "Telecommunications System" means an operating system that is located, in whole or in part, on, in, above, or below Streets, Public Rights -of -Way, or other public property that is designed and utilized, in whole or in part, to provide Telecommunications Services. A Telecommunications System may be built in conjunction with, or be part of, a Cable System. "Telephone Company" means every person within the scope of Public Utilities Code Section 7901 who has constructed or may construct telegraph or telephone lines. "Underground Facilities" means utility and Telecommunications Facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. "Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUC. "USC" means the United States Code. "Utility easement" means any easement owned by the City or acquired, established, dedicated or devoted for public utility purposes not inconsistent with Telecommunications Facilities. "Utility facilities" means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways and used or to be used for the purpose of providing utility or Telecommunications Services. 6.12.060 Administration —Declaration of powers and authority. A. The City Manager is designated the officer of the City that is responsible for the continuing administration of this Ordinance and matters related to Telecommunications Service. B. Unless prohibited by federal, State or local law, the City Manager may further delegate his/her powers and authority to a duly authorized representative with respect to administering this Ordinance or an applicable Franchise or License. C. The City Manager may waive any provisions of this ordinance that are made non - applicable by virtue of the technology of the telecommunication system. 2001 Ordinance -7- Telecommunications Systems 6.12.070 Applicability of this ordinance to a Telecommunications Carrier. A. The provisions of Section 6.12.340 of this Ordinance shall apply to all Telecommunications Carriers, and users of public rights -of -way and property and, with respect to all other provisions contained within this Ordinance, those provisions shall be applicable to a Telecommunications Carrier unless such Telecommunications Carrier, and all of its activities, are hereunder exempted from this Ordinance. B. Subsection A of this section is not intended to repeal, and does not have the effect of repealing, any current Franchise Agreement that presently exists. 6.12.080 Exemption from certain provisions of this ordinance for certain Telecommunications Carriers. A. Telecommunications Carriers and users who are exempted from complying with the provisions of Sections 6.12.360 - 6.12.420 of this Ordinance ("Exempt Carriers") are as follows: 1. A Telecommunications Carrier that is exempted as a result of federal or State law; 2. A Telecommunications Carrier that is exempted as a result of an applicable FCC or PUC ruling; or 3. A Telecommunications Carrier that is exempted as a result of an applicable final judicial ruling from which no subsequent appeal can be taken. 4. A Telecommunications Carrier which is also a Cable Operator and/or owns or controls all or part of a Cable System which is utilized in, or is part of, the Telecommunications System if, and only if, the Telecommunications Carrier, directly or through an Affiliate, pays a Franchise Fee to the City on all revenues generated to the Telecommunications Carrier from its Cable Service and non -cable service activities and operations relating to the Cable System, including, but not limited to, lease or Rental Fees paid to the Cable Operator, or any related entity, by any Person for use of the Cable System, or a portion thereof, or Telecommunications Facilities which are common to the Cable System and a Telecommunications System. If Franchise Fees are not paid on non -cable services pursuant to its cable franchise, a separate Franchise pursuant hereto is hereby required. B. It is expressly understood that Exempt Carriers remain exempted only as long as they meet one or more of the criteria of this particular section and only as to those activities that are specifically exempt from one or more of the provisions of this Ordinance. C. An Exempt Carrier is exempt only from Sections 6.12.360-6.12.420 of this Ordinance and only as to those activities that are specifically exempt from one or more of the provisions of this Ordinance. Consequently, such Exempt Carriers shall abide by, and comply with, any other applicable local, state or federal laws and regulations, including any applicable federal, or state consumer protection, or customer service laws and regulations, or applicable provisions of electrical, mechanical, structural, encroachment or engineering permits required by local ordinance or code. A Telecommunications Carrier shall file a petition for exemption containing all information reasonably required by the City. The burden of persuasion and proof shall be on the requesting Telecommunications Carrier. 6.12.090 Telecommunications Carriers seeking relief from this ordinance. A. Any Telecommunications Carrier governed by this Ordinance may file a written petition, at any time, with the City Council seeking relief from one or more provisions of this 2001 Ordinance -8- Telecommunications Systems Ordinance. A Telecommunications Carrier may specifically request the exemption from, or delay in implementation of one or more provisions of this Ordinance. Also, the Telecommunications Carrier may request that a specific provision of this Ordinance apply to such Telecommunications Carrier for a specified length of time or duration. The burden of persuasion and proof shall be on the requesting Telecommunications Carrier. The petition shall set forth the relief requested and the basis thereof with such supporting information and material as may be applicable and as requested by the City. B. In order to receive any relief from one or more of the provisions of this Ordinance, a Telecommunications Carrier must demonstrate and prove to the City Council's reasonable satisfaction that at least one of the following facts exist: 1. That compliance with a particular provision and/or requirement would be commercially impracticable; or 2. That the Telecommunications Carrier has its own construction, maintenance, operation or customer service policies, which the City Council deems comparable to, or which exceed, any provision and/or requirement from which the Telecommunications Carrier seeks relief, or 3. That the health, safety and welfare interests of the City otherwise warrant the granting of such relief. C. As an alternative to seeking an exemption, or requesting relief, a Telecommunications Carrier may petition for clarification concerning the precise intent and effect that one or more provisions or sections of this Ordinance has on the petitioning Telecommunications Carrier. D. In those instances in which a Telecommunications Carrier submits a petition for relief or clarification in accordance with this section, the petitioning Telecommunications Carrier shall pay the actual and reasonable costs to the City for processing such a petition, including costs incurred by outside consultants who are retained by the City to review a petition. At the time such a petition is filed with the City, the City Manager shall estimate the amount of said costs and the petitioning Telecommunications Carrier shall deposit the amount of said estimate with the petition. 6.12.100 Failure of the City to enforce this Ordinance. A Telecommunications Carrier shall not be excused from complying with any of the requirements of this Ordinance, or any subsequently adopted amendments to this Ordinance, by any failure of the City on any one or more occasions to seek, or insist upon, compliance with such requirements or provisions. 6.12.110 Telecommunications Carrier or its assignees subject to present and future ordinances and/or resolutions. A. To the extent not inconsistent with applicable law, any Telecommunications Carrier, its assignees, or transferees shall be subject to, and expected to comply with, all applicable ordinances and/or resolutions now or hereafter adopted and in effect within the City, including this Ordinance, to the extent that said Telecommunications Carrier has not received an exemption or relief from said ordinance(s) and/or resolution(s). B. Any Telecommunications Carrier, its assignee, or transferee shall be subject to all federal and State laws and with all rules and regulations issued by all applicable regulatory agencies now or hereafter in existence. 2001 Ordinance -9- Telecommunications Systems C. To the extent not inconsistent with applicable law, any Telecommunications Carrier, its assignee, or transferee shall be subject to all enactments that constitute lawful exercises of the City's police power. D. With respect to future ordinances and/or resolutions noted in this section, to the extent not inconsistent with applicable law, nothing contained herein prevents a Telecommunications Carrier from exercising any and all of its administrative, and legal rights in order to challenge the constitutionality, applicability, and enforceability of said future ordinances and/or resolutions. 6.12.120 Resolution of inconsistencies with federal or state rules, regulations or laws. In any case of an actual inconsistency between any provision or section of this Ordinance and any provision or section of a federal or State rule, regulation, or law, the federal or State rule, regulation or law shall supersede the effect of this Ordinance unless such federal or State rule, regulation or law does not preempt, supersede, or make invalid the inconsistency. 6.12.130 Resolution of conflicts between this Ordinance and a subsequent Franchise Agreement or License. Where there is a conflict between this Ordinance and a subsequently granted Franchise Agreement or License, this Ordinance shall control and prevail, unless administratively or judicially determined invalid, unenforceable, or unconstitutional. 6.12.140 Force Majeure. Notwithstanding the other provisions of this Ordinance, a Telecommunications Carrier shall not be held in violation or material breach, default, or noncompliance of this Ordinance or a Franchise Agreement, nor suffer any enforcement or penalty relating thereto (including where applicable, termination, cancellation or revocation of a Franchise or Franchise Agreement or License), where such violation, breach, default or noncompliance occurred or was caused by the force of an earthquake, flood, tidal wave, hurricane, or similar act of nature, or other event that is beyond a Telecommunications Carrier's ability to reasonably anticipate and control. 6.12.150 Notices. A. Both the City and each Telecommunications Carrier shall provide the other with the name and address of the contact designated to receive notices, filings, reports, records, documents and other correspondence. All notices shall be delivered to each party's contact by certified mail, return receipt requested, personal service with a signed receipt of delivery, overnight with receipt verification, or facsimile. All other filings, reports, records, documents and other correspondence may be delivered by any legally permissible means including, but not limited to, facsimile transmission, personal service, overnight mail, or package delivery. The delivery of all notices, reports, records and other correspondence shall be deemed to have occurred at the time of receipt unless otherwise designated by State law. B. If the Telecommunications Carrier is required to maintain a Franchise, then the designation of such contact person for notice purposes may be contained within a Franchise Agreement or License. 6.12.160 Indemnity. Except as provided in or as supplemented by any Franchise Agreement or License, and to the maximum extent permitted by applicable law, a Telecommunications Carrier shall at all times defend, indemnify, protect, save harmless, and 2001 Ordinance -10- Telecommunications Systems exempt the City, the City Council, its officers, agents, servants, attorneys and employees, from any, and all, penalty, damage or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which arise out of, or are caused by, the construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of a Telecommunications System within the City based upon any act or omission of a Telecommunications Carrier, its agents or employees, contractors, subcontractors, independent contractors, or representatives. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included as those costs that shall be recovered by the City. 6.12.170 Liability insurance. A. Except as provided in or as supplemented by any Franchise Agreement or License, a Telecommunications Carrier shall secure and maintain, public liability, property damage insurance, and umbrella coverage in at least the following amounts: 1. Public liability: One million dollars per person/per occurrence; 2. Property damage: One million dollars per any one claim; 3. Umbrella liability: Five million dollars. B. The public and personal liability and property damage insurance policy shall specifically include the City, the City Council, its employees, and agents as additional insureds. C. The public and personal liability and property damage insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and which has one of the three highest or best ratings from the Alfred M. Best Company. D. The public liability and property damage insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least thirty (30) days written notice in advance of the cancellation of the policy. E. Renewal or replacement policies or certificates shall be delivered to the City at least fifteen (15) days before the expiration of the insurance that such policies are to renew or be replaced. F. Before a Telecommunications System provides Telecommunications Service to subscribers, the Telecommunications Carrier shall deliver the policies or certificates representing the insurance to the City as required herein. 6.12.180 Financial security. A. Security Fund. 1. Prior to the Effective Date of the any Franchise, License, Permit or other authorization, the Telecommunications Carrier shall deposit into a bank account established by the City, which may be commingled with security deposits from other Telecommunications Carriers, and shall maintain on deposit through the term of any Franchise, License, Permit, or other authorization, a sum specified in any Franchise, License, Permit, or other authorization as security for the faithful performance by Telecommunications Carrier of all of the provisions of any Franchise, License, Permit or other authorization, and compliance with this Ordinance and with all orders, permits and directions of the City, or any designated representative of the City having jurisdiction over Telecommunications Carrier's acts or defaults under any Franchise, License, Permit or other authorization of this Ordinance, and as security for the payment to the City of any claims, fees, liens, consultant fees or taxes due the City which arise by reason of the 2001 Ordinance -11- Telecommunications Systems construction, operation or maintenance of the System pursuant to any Franchise, License, Permit or other authorization, or this Ordinance, and to satisfy any actual or liquidated damages arising out of a breach. 2. Except as otherwise provided in any Franchise, License, Permit, or other authorization, if the Telecommunications Carrier fails, after twenty (20) days written notice, to pay to the City any fees that are due and unpaid, or fails to repay within such twenty (20) days, any damages, costs or. expenses which the City is compelled to pay by reason of any act or default of the Telecommunications Carrier in connection with its Franchise, License, Permit, or other authorization; or if Telecommunications Carrier fails to comply with any provision of any Franchise, License, Permit, or other authorization or this Ordinance and the City determines that such failure was without just cause and, in a manner consistent with the procedures specified in this Ordinance, City reasonably determines it can be remedied by a withdrawal from the security fund or is nevertheless subject to liquidated damages, then, in any such event, the City may immediately withdraw the amount thereof from the security fund, with interest and any liquidated damages. Upon such withdrawal, the City shall notify the Telecommunications Carrier of the amount and the date of withdrawal. 3. Within thirty (30) days after notice to the Telecommunications Carrier that the City has withdrawn any amount from the security fund, the Telecommunications Carrier shall deposit a sum of money sufficient to restore such security fund to the original amount. 4. The Telecommunications Carrier shall be entitled to the return of the security fund, or portion thereof, with interest, that remains on deposit at the expiration or termination of any Franchise, License, Permit, or other authorization, once all amounts due to the City have been paid. 5. The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right the City may have. B. Faithful Performance Bond. Prior to issuance of any Franchise, License, Permit, or other authorization, Telecommunications Carrier shall furnish proof of the posting of a faithful performance bond in favor of the City, with corporate surety approved by the City in the sum specified in any Franchise, License, Permit, or other authorization and conditioned that the Telecommunications Carrier shall well and truly observe, fulfill, and perform each term and condition of any Franchise, License, Permit, or other authorization; provided, however, that such bond shall not be required after certification by City of the completion of construction. The corporate surety must be authorized to issue such bonds in the State of California, and the bond must be obtained and secured through an authorized agent in the City. During the course of construction, the amount of the bond may from time to time be reduced, as provided in any Franchise, License, Permit, or other authorization from the City Manager or City Council. Written evidence of payment of premiums shall be filed with the City. 6.12.190 Retention and submission of reports and records. A. A Telecommunications Carrier shall maintain and retain such records and reports reasonably necessary for the City to determine compliance with the obligations imposed on it by this Ordinance. B. Upon request, a Telecommunications Carrier shall submit to the City a list of files, reports, records, data or other information that the Telecommunications Carrier periodically, customarily, and/or regularly files with the FCC, or another federal or State agency. 2001 Ordinance -12- Telecommunications Systems For any other filing that a Telecommunications Carrier files with another federal or state agency (and that has a direct impact on the operation of the Telecommunications System), then the Telecommunications Carrier shall notify the City of such filing within five (5) days of said filing. Said notice shall inform the City of the nature and scope of the filing, as well as the recipient (name, address, department, division, and phone number) of the filing. For any matter related to the administration and enforcement of a Franchise or License, the City may specifically request that it be provided with any, or all listed reports, records, data, or other information that were filed with the FCC, the Securities and Exchange Commission, or another federal or state agency. C. A Telecommunication Carrier shall provide the following information and reports periodically to the City as more specifically described herein: 1. A Telecommunication Carrier shall furnish the City with the names and addresses of every Affiliated Person, third party, or Person other than the Applicant that has entered into a customer agreement, telecommunications agreement, or any other agreement which authorizes, directly or indirectly, any Affiliated Person, third party, or Person other than the Applicant to utilize, by way of sale, lease, or otherwise, telecommunications equipment, telecommunications facility, or all or a portion of the Telecommunications System (the "Telecommunications Agreement") within the City upon the issuance of any License or Franchise. 2. Upon executing any new Telecommunications Agreement, or any other agreement which allows an Affiliated Person, third party, or Person other than the Applicant to utilize telecommunications equipment, telecommunications facility, or allor a portion of the Telecommunications System within the City, for the provision of video services, cable television services, or Telecommunications Services, the Telecommunication Carrier shall promptly furnish the City with a copy of the executed agreement. 3. Telecommunication Carrier shall include a provision substantially similar in purpose andeffect to the provision specified in subparagraph (4) below (the "Government Approval Provision") in all future negotiated Telecommunications agreements. If the City determines that an Affiliated Person, a third party, or a Person other than the Applicant has failed to comply with the Governmental Approval Provision requiring prior approval from the City, the City will provide written notice to the Telecommunication Carrier and to the affected party. If the affected party fails to come into compliance or reach an agreement with the City within thirty (30) days from the date when the Telecommunication Carrier receives written notice from the City of the dispute, then the Telecommunication Carrier will notify the third party that it is in breach of its Telecommunications Agreement and that it will implement reasonable steps consistent with said Telecommunications Agreement to terminate the agreement or the portion of the agreement which provides for the provision of services which required governmental approval for which said approval was not obtained. 4. The Government Approval Provision shall read in substance as follows: "(Telecommunications Carrier) shall obtain all government Franchises, Licenses, permits, approvals or consents necessary for it to provide service within the City of National City ("Approvals') pursuant to this Agreement. Failure to obtain such Approvals, or to maintain them as necessary during the term of this Agreement, shall constitute a material breach of this Agreement." 5. Any information, agreements, or documents received by the City pursuant to this paragraph shall be maintained as confidential to the extent allowed and consistent with applicable law. 2001 Ordinance -13- Telecommunications Systems 6.12.200 Inspection and review of books, records and other data. A. A Telecommunications Carrier shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with, the Telecommunications System. B. The City shall have the right to review (either by mail or at the Telecommunications Carrier's local office) all records needed for the administration and enforcement of this Ordinance and/or Franchise Agreement or License on seven (7) days written request. Such review shall occur within the Telecommunications Carrier's regular office hours unless a different time is otherwise mutually agreed upon or administratively or judicially ordered. C. The City shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of a Telecommunications Carrier. If after a financial audit it is determined that the Telecommunications Carrier has underpaid amounts owed to the City by an amount exceeding two percent (2%) of what was actually paid, then the City may require the Telecommunications Carrier to reimburse the City for the actual cost of the audit. D. A false entry into the books and/or records of a Telecommunications Carrier, made by a Telecommunications Carrier, of a material fact shall constitute a material violation of this Ordinance. E. A Telecommunications Carrier shall provide to the City upon its request complete and accurate books and records of the key aspects of the Telecommunications System's operation for at least the preceding three (3) years in such a manner that all matters pertaining to the City can be easily produced and/or verified at the request of the City. Also, the Telecommunications Carrier shall provide upon request any other applicable records and information that may be required by any other federal or state agency having jurisdiction over one or more classes of Telecommunications Carrier. 6.12.210 Conditions of use of streets and public rights -of -way. A. All wires, conduits, cable (coaxial, fiber or functional equivalent), and other property and facilities of a Telecommunications Carrier shall be so located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and travel upon the Streets, Public Right -of -Way, easements and public property of the City as well as adjacent private property pursuant to a routing plan to be approved by the City Manager or his/her designee. The provisions of Chapter 13.12 of this Code shall apply to encroachments in the public rights -of -way or property. B. In the event a Telecommunications Carrier's system creates a hazardous or unsafe condition or an unreasonable interference with property, such Telecommunications Carrier shall voluntarily, or upon the request of the City, remove or modify that part of the Telecommunications System to eliminate such condition from the subject property. C. A Telecommunications Carrier shall not place equipment where it will interfere with existing and future City uses of the Streets, Public Right -of -Way, or public property, with the rights of private property owners, with gas, electric, or telephone fixtures, with water hydrants or mains, with wastewater stations, with any traffic control system, or any other service or facility that benefits the City's or its residents' health, safety or welfare, except as may be permitted by the City pursuant to law. 2001 Ordinance -14- Telecommunications Systems D. A Telecommunications Carrier, at its own expense, shall protect Streets and Public Rights -of -Ways, easements, and support or temporarily disconnect or relocate at its sole cost in the same Street or other Street or Public Right -of -Way, any property of such Telecommunications Carrier when necessitated by reason of: 1. Traffic conditions; 2. Public safety; 3. Temporary or permanent street closing; 4. Street construction or resurfacing; 5. A change or establishment of street grade; 6. Installation of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines, and any traffic control system; or 7. Any improvement, construction or repair or any improvement related to the City's or its resident's health, safety or welfare. E. It shall be the responsibility of a Telecommunications Carrier to locate and mark or otherwise visibly indicate and alert others to the location of its underground cable before employees, agents, of independent contractors of any entity perform work in the marked -off area. The Telecommunications Carrier shall participate in and adhere to the practices of Underground Services Alert ("USA") or "dig alert" and provide at least forty-eight (48) hours notice prior to any excavation. 6.12.220 Duty to remove Telecommunications Facilities from streets, public rights - of -way, easements and public property. A. Unless otherwise provided in this section, telecommunications facilities will be removed whenever any of the following occurs: 1. A Telecommunications Carrier ceases to operate all, or part of the Telecommunications System for a continuous period of six (6) months; 2. A Telecommunications Carrier ceases and fails to complete construction of the Telecommunications System outlined in the Franchise Agreement or License; 3. The City elects not to renew any Franchise or License pursuant to the provisions set forth in this Ordinance; or 4. The Telecommunications Carrier's Franchise or License is revoked pursuant to the provisions set forth in this Ordinance. B. Unless the City or another Telecommunications Carrier uses such Telecommunications System in accordance with any temporary continuity of service provisions, the affected Telecommunications Carrier shall at its expense promptly remove its Telecommunications System from the Streets, Public Rights -of -Ways, and Public Property located within the City, unless the City allows the same to remain in place under terms and conditions that protect the public interest. C. If not removed voluntarily by a Telecommunications Carrier, then the City may notify such 'Telecommunications Carrier that should removal of the property not be accomplished within two hundred seventy (270) days, or substantial progress towards removal not be made within two hundred ten (210) days, the City may direct its officials or representatives to remove such Telecommunications System property at that Telecommunications Carrier's expense. The Faithful Performance Bond, Letter of Credit, or Security Fund required, as set forth in this Ordinance shall be available to pay for such work. 2001 Ordinance -15- Telecommunications Systems D. If officials or representatives of the City remove a Telecommunications System, and such Telecommunications Carrier does not claim the property within one hundred twenty (120) days of its removal, then the City may take whatever steps are available under state law to declare the property surplus, and sell it, with the proceeds of such sale (if permitted by State law) going to the City. E. When such Telecommunications Carrier removes its Telecommunications System from the Streets, Public Rights -of -Ways and Public Property located within the City, the Telecommunications Carrier shall at its own expense, and in a manner approved by the City, replace and restore such public property to a condition comparable to that which existed before the work causing the disturbance was done. F. Removal of Deactivated Equipment. Telecommunications Carriers shall maintain the deactivated Telecommunications Facilities at no cost to the City until removed by the Telecommunications Carrier. The Telecommunications Carrier shall provide a written list to the City of all deactivated Telecommunications Facilities located within the City at quarterly intervals. The Telecommunications Carrier shall remove or disable non -useful Telecommunications Facilities in accordance with its normal practice. However, above -ground level Telecommunications Facilities which are no longer used or useful shall be removed within the period specified by the City and may not be left in the public right-of-way without the permission of the City. The Telecommunications Carrier shall provide the City a list of the specific Telecommunications Facilities to be removed and their locations. The Telecommunications Carrier shall remove all these Telecommunications Facilities within ninety (90) days after an underground system is activated. 6.12.230 Construction standards. A. Methods of construction, installation, maintenance and repair of any Telecommunications System shall comply with the most current editions of the Zoning Codes, Building Codes, Construction Codes, Plumbing Codes, National Electrical Safety Code the National Electric Code and any applicable Federal or State Codes, regulations or requirements. B. All construction, installation, maintenance and repair shall treat the aesthetics of the property as a priority, shall not substantially affect the appearance or the integrity of the structure, and shall not be installed on the bias across the property or side of a residence or other structure without the property owner's permission. C. All underground drops shall follow (to the greatest extent possible) property lines, and cross property only at right angles unless otherwise permitted by the property owner, or required due to the physical characteristics of the subsurface, or required under applicable law. The City may, either by way of a generally applicable resolution or through the imposition of routing conditions in any Franchise Agreement or License or permit, determine the routing or placement of cable, conduit, Nodes, pedestals, Power Supplies, vaults, and other equipment "relating to the Telecommunications System. D. Construction Hours. All construction shall be accomplished between the hours specified by the City in the approved permit or ordinances or as otherwise agreed to by the parties. Construction shall not interfere with the services of the City or third parties. E. Telecommunications Carrier shall install its System and all portions thereof, completely belowground in those areas where existing utilities are underground. In areas of overhead utilities, or areas where utilities are located both aboveground and belowground, Telecommunications Carrier shall place all aboveground active and passive equipment in low 2001 Ordinance -16- Telecommunications Systems profile waterproof pedestals whose design, size, appearance, and placement have been previously approved by the City Engineer in writing. Aboveground installations shall only be allowed in situations where the Applicant has demonstrated to the reasonable satisfaction of the City Engineer that no belowground placement is physically or economically possible. F. Telecommunications Carrier shall provide the City a central 24 hours a day, seven days a week, telephone contact number to receive complaints from City or its residents regarding right-of-way installations. Telecommunications Carrier shall maintain such telephone contact number so long as Telecommunications Carrier maintains any telecommunication equipment, telecommunication facilities, orr telecommunications system, or portion thereof, in, above, or under Streets, Public Rights -of -Way, and Easements. The City may require that the facility be staffed to accommodate emergency requirements after business hours. 6.12.240 Permits and licenses; payment of fees. A. A Telecommunications Carrier shall obtain, at its own expense, all permits and licenses required by local law, rule, regulation or ordinance, and maintain the same, in full force and effect, for as long as required by the City. B. As a condition of obtaining all necessary permits and licenses, the Telecommunications Carrier shall pay all applicable permit fees ("Permit Fees") and, in addition, all of the City's direct labor and supervisory costs, including customary and reasonable overhead (the "Labor and Materials Payment"). The City Council may, from time to time by resolution, establish the amount of said permit fees. To the extent not inconsistent with applicable law, the permit fees shall be sufficient to reimburse the City for its costs, including the costs of staff, independent consultants, and related overhead, to review the proposed project, processing permits, plan check, inspecting the project including the costs of an outside inspector and, where applicable, the costs of an outside soils engineer or compaction testing expert, and the costs of any required testing to ensure that the construction adheres to standards of this Ordinance, any Franchise Agreement, any License, any permit, and any other requirement of the City. The Labor and Materials Payment shall be sufficient to reimburse the City for its costs, including the costs of staff, independent consultants, and related overhead, direct labor and supervisory costs, including customary and reasonable overhead, to monitor and manage the time, place and manner of the Telecommunications Carrier's entry, occupation and abandonment of the Public Right -of -Way and shall be paid for the entire time that the Telecommunications Carrier occupies the Public Right -of -Way. The Labor and Materials payments shall be paid over the time that the Telecommunications Carrier occupies the Public Right -of -Way, and the City shall specify the amounts and times of said payments in any encroachment or other permit or license issued to the Telecommunications Carrier. C. Both Telecommunications Carrier and City may hire contractors, at Telecommunications Carrier's sole expense, to carry out any work under this Agreement. Telecommunications Carrier shall make payment within ten (10) days of billing from the City. Telecommunications Carrier shall be responsible for any damage caused by the construction including, but not limited to, damage to the Public right-of-way, private property, streets, existing utilities, curbs, gutters and sidewalks. Telecommunications Carrier shall pay the City any costs incurred as a result of such damages including repairs made by the City except for costs incurred as a result of the City's or its employees' and agents' sole negligence. Telecommunications Carrier shall complete restoration of or repairs to any damage caused by the construction within ten (10) days from the date of written notice from the City. 2001 Ordinance -17- Telecommunications Systems D. In lieu of the inspection portion of the Labor Payment or permit fees described in Subparagraph (B) above, at the City's sole option, the City may require Telecommunications Carrier at Telecommunications Carrier's sole expense, to hire a consultant, who is acceptable to and under the supervision of the City, ("Consultant"), to inspect the installation of the Telecommunications Facilities on behalf of the City, or provide other services as mutually agreed to by the parties. 6.12.250 Reservation of right to inspect construction, documents related to construction_ and tests related to performance. technical integrity and quality of signal. preventive maintenance and safety. In order to verify that a Telecommunications Carrier has constructed and maintained the Telecommunications System in the manner required by this Ordinance, and conducted the various performance, technical integrity, preventive maintenance and safety tests required by federal state and local laws, the City reserves the right to inspect, at the expense of the Telecommunications Carrier, all facets of a Telecommunications Carrier's construction, as well as to inspect documents related to construction, and inspect test results related to performance, technical integrity, preventive maintenance and safety. 6.12.260 Construction default. Upon the failure, refusal or neglect of the Telecommunications Carrier to cause any construction, repair, or the terms of any building permit, or other necessary work to comply with the terms of the Franchise Agreement or License, thereby creating an adverse impact upon public safety, City may (but shall not be required to) cause such work to be completed in whole or in part, and upon so doing shall submit to the Telecommunications Carrier an itemized statement of costs. The Telecommunications Carrier shall be given reasonable advance notice of City's intent to exercise this power and fifteen (15) days to cure the default. The Telecommunications Carrier shall, within thirty (30) days of billing, pay to City the actual costs incurred. B. Stop Work Notice. Whenever construction is being performed in a manner contrary to the provisions of this Agreement, the City Manager, or an inspection official representing the City, may order the work stopped by notice in writing served on any person engaged in, or causing the construction. Any work stopped shall not resume until authorized in writing by the City Manager or his or her designated representative. 6.12.270 Vacation or abandonment. In the event any street, alley, public highway, or portion thereof used by the Telecommunications Carrier shall be vacated by the City, or the use thereof discontinued by the Telecommunications Carrier, upon reasonable notice the Telecommunications Carrier shall forthwith remove its facilities therefrom unless specifically permitted to continue the same. On the removal thereof the Telecommunications Carrier shall restore, repair or reconstruct the area where such removal has occurred, to such condition as may be required by the City, but not in excess of the original condition. In the event of any failure, neglect or refusal of the Telecommunications Carrier, after thirty (30) days' notice by the City, to do such work, City may cause it to be done, and the Telecommunications Carrier shall, within thirty (30) days of billing, pay to City the actual costs incurred. 2001 Ordinance -18- Telecommunications Systems 6.12.280 Abandonment in place. City may, upon written application by the Telecommunications Carrier, approve the abandonment of any property in place by the Telecommunications Carrier under such terms and conditions as City may approve. Upon City approved abandonment of any property in place, the Telecommunications Carrier shall cause to be executed, acknowledged, and delivered to City such instruments as City shall prescribe and approve transferring and conveying the ownership of such property to City. 6.12.290 Undergrounding of cable. Cables shall be installed underground at the Telecommunications Carrier's cost where substantially all existing utilities are already underground or will be undergrounded pursuant to the City's adopted undergrounding policy. Previously installed aerial cable shall be installed underground at the Telecommunications Carrier's pro rata cost in concert with other utilities when and if those other utilities convert from aerial to underground construction. 6.12.300 Facility Agreements. No Franchise or License shall relieve the Telecommunications Carrier of any obligations involved in obtaining pole or conduit space from any department of City, any utility company, or from others maintaining utilities in City's streets. 6.12.310 Erection of poles prohibited. The Telecommunications Carrier shall not erect any pole on or along any street or public way. If additional poles in an existing aerial route are required, the Telecommunications Carrier shall negotiate with the public utility for their installation. Any such installation shall require the advance written approval of the City. 6.12.320 System technical data. The Telecommunications Carrier shall provide City with a computer disk or other digital data storage device requested by City, in a format approved by City, which details and documents all of the Telecommunications Carrier's equipment and facilities and their geographic location in the City. Such computer disk or other device shall be updated annually and whenever there have been significant changes in the location of the Telecommunications Carrier's Equipment and Telecommunications Facilities. In addition, the Telecommunications Carrier shall maintain in its local office a complete and up-to- date set of as -built system maps and drawings upon completion of construction or reconstruction, equipment specification and maintenance publications, and signal level diagrams for each active piece of electronic equipment in the system. As -built drawings shall show all lines and installed equipment, and tap values and spigots. The scale of maps and drawings shall be sufficient to show the required details in easily readable form and size. Technical data at the local office shall also include approved pole applications, details and documentation of satellite and microwave equipment, mobile radio units, heavy construction vehicles and equipment, and video and audio equipment normally used in the operation of the system. If City requires use of technical data in its own offices, it may make copies of any items at City's expense. 6.12.330 Availability of technical data. All technical data shall be available for City's inspection during normal business hours and upon reasonable notice. In the event of System failure or other operating emergency, the technical data will be made available at any time, so long as the provision of said data does not unreasonably interfere with the Telecommunications Carrier's operations. 2001 Ordinance -19- Telecommunications Systems 6.12.340 Use of public property. From and after the effective date of this Ordinance, it is unlawful for any person to construct, install, or maintain in any Street, Public Right -of -Way, public place within the unincorporated area of the City, or within any other Public Property of City, or within any privately -owned area within City's jurisdiction which is not yet, but is designated as, a proposed public place on a tentative subdivision map approved by City, any Equipment, Telecommunications Facilities, or system for distributing signals or services through a Telecommunications System unless a Franchise or License, or other Agreement acceptable to the City has first been obtained hereunder and is in full force and effect. 6.12.350 Registration. Except as otherwise provided herein and prior to any determination of exemption, all Telecommunications Carriers engaged or who propose to engage in the business of transmitting, supplying or furnishing of Telecommunications Service for a fee to customers in the City or who own, operate, or use Telecommunication Facilities, Telecommunications Equipment, and/or a Telecommunications System in Streets, Public Rights - of -Way or Public Property, shall register with the City pursuant to this Section. A. Registration Forms: Registration forms to be provided by the City Manager and completed by the Telecommunications Carrier, shall include the following: 1. The identity and legal status of the registrant, including any affiliates. 2. The name, address and telephone number of each officer, agent or employee responsible for the accuracy of the registration statement. 3. A description of registrant's existing or proposed Telecommunications Facilities within the City. 4. A description of the Telecommunications Service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City as well as a specific time table or schedule for the provision of each Telecommunications Service. 5. Information sufficient to determine whether the registrant is subject to franchising or licensing under this Ordinance. 6. Information sufficient to determine that the Applicant has applied for and received any certificate of authority required by the PUC to provide Telecommunications Services or Telecommunications Facilities within the City. The Telecommunications Carrier shall state which of the Telecommunications Services, if any, offered or to be offered within the City are not covered or authorized by and said PUC certificate of authority. 7. Information sufficient to determine that the Applicant has applied for and received a construction permit, operating license or other approvals required by the FCC to provide telecommunications Services or Telecommunications Facilities within the City. 8. The identity and address of any and all persons or entities using any portion of, or all, of the Telecommunications Carrier's Telecommunications Facilities within the City. 9. Such other information as the City Manager may reasonably require. B. Registration Fee: Each Telecommunications Carrier registering in accordance with this section shall pay the actual and reasonable costs to the City for processing such registration, including costs incurred by outside consultants who are retained by the City to review a registration. The City Manager shall estimate the amount of said costs and the 2001 ordinance -20- Telecommunications Systems registering Telecommunications Carrier shall deposit the amount of said estimate with the registration. C. The Telecommunications Carrier shall annually, on January 1 of each year, provide the City with a written notice which shall disclose to the City any changes to the information provided by the Telecommunications Carrier in the registration form completed by the Telecommunications Carrier and delivered to the City Manager. D. Purpose of Registration: The purpose of registration is to: 1. Provide the City with accurate and current information concerning the Telecommunications Carriers who offer or provide Telecommunications Services within the City, or that own or operate a Telecommunications System within the City; 2. Assist the City in enforcement of this Ordinance; 3. Assist the City in the collection and enforcement of any municipal fees, franchise fees, license fees or charges that may be due the City; 4. Assist the City in monitoring compliance with local, State and Federal laws. 6.12.360 Telecommunications License. Any Telecommunications Carrier who desires to construct, install, operate, maintain, . or otherwise locate Telecommunications Facilities, Telecommunications Equipment, and/or a Telecommunications System in, under, over or across any Street or Public Right -of -Way of the City for the purpose of providing Telecommunications Service to persons or areas outside the City shall first obtain a license granting the use of such Street or Public Right -of -Way from the City pursuant to this Ordinance. Any Telecommunications Carrier obtaining a Franchise is not subject. to this provision and shall be governed by its Franchise. A. License Application: Any Person that desires a License pursuant to this Section shall file an application with the City Manager which shall include the following information and shall be accompanied by an application processing fee: 1. The identity of the Applicant, including all affiliates of the Applicant. 2. A description of the Telecommunications Services that are or will be offered or provided by Licensee over its Telecommunications System. 3. A description of the transmission medium that will be used by the Licensee to offer or provide such Telecommunications Services. 4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: a. The location and route requested for Applicant's proposed Telecommunications Facilities. b. The location of all overhead and underground public utility, telecommunication, cable, water, sewage drainage and other facilities in the Streets and Public Right -of -Ways along proposed route. c. The locations, if any, for interconnection with the Telecommunications System of other Telecommunications Carriers. d. The specific trees, structures, improvements, facilities and obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate. 5. If the Applicant is proposing to install Overhead Facilities, evidence that Surplus Space is available for locating its Telecommunications System on existing utility poles along the proposed route and that the affected utility has consented to the installation. 2001 Ordinance -21- Telecommunications Systems 6. If Applicant is proposing an Underground Installation in existing ducts or conduits within the Streets and Public Rights -of -Ways, information in sufficient detail to identify: a. The excess capacity currently available in such ducts or conduits before installation of Applicant's Telecommunications Facilities; b. The excess capacity, if any, which will exist in such ducts or conduits after installation of Applicant's Telecommunications Facilities. 7. If applicant is proposing an Underground Installation within new ducts or conduits to be constructed within the Streets and Public Right -of -Ways: a. The location proposed for the new ducts or conduits; b. The excess capacity that will exist in such ducts or conduits after installation of Applicant's Telecommunications Facilities. 8. A preliminary construction schedule and completion date. 9. A preliminary traffic control plan in accordance with the latest edition of the Work Area Traffic Control Handbook. 10. Financial statements prepared in accordance with Generally Accepted Accounting Principles ("GAAP") demonstrating the Applicant's financial ability to construct, operate, maintain, relocate and remove the Telecommunications Facilities. 11. Information in sufficient detail to establish that the Applicant's technical qualifications, experience and expertise regarding the Telecommunications System and Telecommunications Services described in the Application. 12. Information to establish that the Applicant has obtained all other governmental approvals and permits to construct and operate the Facilities and to offer or provide the Telecommunications Services. 13. All fees, deposits or charges required pursuant to this Ordinance. 14. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 15. Such other and further information as may reasonably be required by the City Manger. B. Application Processing Fee: Any person that desires a License pursuant to this section shall file an application with the City Manager which shall include the following information and which shall be accompanied by an application processing fee which shall be in an amount which will pay the actual and reasonable costs to the City for processing such application, including costs incurred by outside consultants who are retained by the City to review an application. The City Manager shall estimate the amount of said costs and the applicant shall deposit the amount of said estimate with the application. The applicant shall be required to deposit additional amounts when actual processing costs exceed the estimate. Any surplus amount shall be refunded to the applicant. C. Determination by the City Manager: Within 120 days after receiving a complete application under this Section the City Manager shall issue a written determination granting or denying the license application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial. The City Manager shall consider the following: 1. The financial and technical ability of the Applicant. 2. The legal ability of the Applicant. 2001 Ordinance -22- Telecommunications Systems 3. The capacity of the Streets and Public Rights -of -Ways to accommodate the Applicant's proposed Telecommunications Facilities. 4. The capacity of the Streets and Public Rights -of -Ways to accommodate additional utility and Telecommunications Facilities if the license is granted. 5. The damage or disruption, if any, of public or private facilities, improvements, services, travel or landscaping if the license is granted. 6. The public interest in minimizing the cost and disruption of construction within the Streets and Public Rights -of -Ways. 7. The services that Applicant will provide to the community and region. 8. The effect, if any, on public health, safety and welfare if the License is granted. 9. The availability of alternate routes and/or locations for the proposed Telecommunications Facilities. 10. Applicable federal and state telecommunications laws, regulations and policies. 11. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 12. Such other factors as may demonstrate that the grant to use the Streets and Public Rights -of -Ways will serve the community interest. D. Agreement: No license granted hereunder shall be effective until the Applicant and the City have executed a written agreement setting forth the particularterms and provisions under which the license to occupy and use Streets and Public Rights -of -Way of the City will be granted. E. Nonexclusive Grant: No license granted under this Section shall confer any exclusive right, privilege, license or franchise to occupy or use the Streets and Public Rights -of - Ways of the City for delivery of Telecommunications Services or any other purposes. F. Rights Granted: No license granted under this Section shall convey any right, title or interest in the Streets and Public Rights -of -Ways, but shall be deemed a License only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no License shall be construed as any warranty of title. G. Terms of Grant: Unless otherwise specified in a license agreement, a License granted hereunder shall be in effect for a term of ten (10) years. H. Construction Permits: All Licensees are required to obtain encroachment permits pursuant to Chapter 13.12 for Telecommunications Facilities as required in this Ordinance, provided, however, that nothing in this Section shall prohibit the City and a Licensee from agreeing to alternate plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. I. License Fee: Each and every Licensee shall be subject to and pay, to the extent not prohibited by applicable federal or state law, a License Fee for the use of the property rights granted to the Licensee, i.e., the privilege of using Streets, Public Rights -of -Way, and Easements to construct, maintain, and operate a Telecommunications System or any portion thereof, as a condition and requirement of each and every License. The License Fee shall consist of the following components: 2001 Ordinance -23- Telecommunications Systems 1. Minimum Compensation Component. Each and every Licensee which constructs, maintains, and operates a Telecommunications System, or any portion thereof, or provides a Telecommunications Service, which is not exempt in whole from compensation payment requirements pursuant to federal or state law, shall pay minimum compensation (the "Minimum Compensation Requirement") on an annual basis in an amount to be established in the initial License, Franchise, permit, or other authorizations. The City Council shall from time to time and by resolution establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in all Licenses, Franchises, permits, and other authorizations. The Minimum Compensation Requirement shall not exceed the fair market value of the property rights granted to the Licensee, i.e., the privilege of using Streets, Public Rights -of -Way, and Easements to construct, maintain, and operate a Telecommunications System or portion, thereof, which are not exempt in their entirety from the imposition of a compensation requirement by applicable federal or state law. 2. Additional Compensation. Either at the time of issuance of any License, Franchise, permit, or other authorization, or any time thereafter, the City shall determine whether or not the Minimum Compensation Requirement equates to or is less than the fair market value of the property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights -of -Way, and Easements to construct, maintain, and operate a Telecommunications System or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement pursuant to federal or state law. If the City determines that said non- exempt property rights possess a fair market value in excess of the Minimum Compensation Requirement, the City shall engage in negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide additional compensation to the City, in cash or in -kind services or facilities, which represents in value the difference between the Minimum Compensation Requirement and the fair market value (the "Additional Compensation") (the Minimum Compensation Requirement and the Additional Compensation shall collectively be referred to as the "Total Compensation"). Under no circumstances shall the Total Compensation exceed the fair market value of the non-exempt property rights granted to the Licensee, Franchisee, or holder of the permit or authorization. To the extent that the City and the Applicant agree upon Total Compensation as part of the issuance of the License, Franchise, permit, or other authorization, said agreement shall be binding upon the City for the term of the License, Franchise, permit, or other authorization. However, to the extent that the parties cannot or do not agree upon said Total Compensation in the Franchise, License, permit, or other authorization, the City Council may, from time to time but no more frequently than annually, establish by resolution the Additional Compensation and modify said Additional Compensation bused upon changes in the fair market value of the non-exempt property rights granted or conveyed. 3. Acceptance by the Applicant of any License, Franchise, permit, or other authorization shall constitute an acceptance of the minimum Compensation Requirement unless the Applicant can affirmatively demonstrate that all of the activities, both present and future, which will be conducted utilizing the property rights granted to the Applicant are completely and totally exempt from all compensation requirements pursuant to applicable federal or state law. The burden of proof shall be on the Applicant. The Applicant shall provide all written and oral information, documents and evidence reasonably requested by the City which are necessary or relevant to a determination as to whether all of its activities and uses which use or occupy Streets, Public Rights -of -Way, and Easements are exempt from non -cost recovery compensation. 2001 Ordinance -24- Telecommunications Systems J. Appeals: An Applicant may appeal the denial of a License or a condition imposed in a License under Section 6.12.440 or directly to the City Council. Such appeal shall be filed in writing with the. City Clerk by 5 p.m. on the tenth (10th) business day following the date of mailing of the City's written, decision that is being appealed. A fee as established from time to time by resolution of the City Council shall accompany the appeal. The City Council shall schedule a hearing on the appeal within thirty (30) days of the filing of the appeal. The Council's decision on the appeal shall be final: 6.12.370 Telecommunications Franchise. Any Telecommunications Carrier who desires to construct, install, operate, maintain or otherwise locate a Telecommunications System in, under, over or across any Streets and Public Rights -of -Ways of the City, and/or to provide Telecommunications Service to persons or areas in the City via Telecommunications Facilities, Telecommunications Facilities, and/or a Telecommunications System in the Street and Public Rights -of -Ways, shall first obtain a Franchise granting the use of such Streets and Public Rights - of -Ways from the City pursuant to this Ordinance. A. Franchise Application: Any Person that desires a Franchise pursuant to this Section shall file an Application with the City which shall include the following information and shall be accompanied by a franchise application processing fee: 1. The identity of the Applicant, including all Affiliates of the Applicant. 2. A description of the Telecommunications Services that are or will be offered or provided by the franchise Applicant over existing or proposed Telecommunications Facilities. 3. A description of the transmission medium that will be used by the Applicant to offer or provide such Telecommunications Services. 4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: a. The location and route proposed for Applicant's proposed Telecommunications Facilities. b. The location of all Overhead and Underground public utility, telecommunication, cable, water, sewer drainage and other facilities to be used or constructed in the public way along the proposed route. c. The locations, if any, for interconnection with the Telecommunications Systems of other Telecommunications Carriers. d. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, if applicable. e. An Engineering Plan showing the engineering design of the Applicant's Telecommunications System within the entire City. 5. If Applicant is proposing to install Overhead Facilities, evidence that surplus space is available for locating its Facilities on existing utility poles along the proposed route and that the owner of the utility has consented to the installation. 6. If applicant is proposing an Underground Installation in existing ducts or conduits within the Street and Public Rights -of -Ways, information in sufficient detail to identify: a. The excess capacity currently available in such ducts or conduits before installation of Applicant's Telecommunications Facilities; 2001 Ordinance -25- Telecommunications Systems b. The excess capacity, if any, that will exist in such ducts and conduits after installation of Applicant's Telecommunications Facilities. 7. If applicant is proposing an Underground installation within new ducts or conduits to be constructed within the Streets and Public Rights -of -Way: a. The location proposed for the new ducts or conduits; b. The excess capacity that will exist in such ducts or conduits after installation of Applicant's Telecommunications Facilities. 8. A preliminary construction schedule and completion dates. 9. A preliminary Traffic Control Plan in accordance with the Work Area Traffic Control Handbook, latest edition. 10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the Applicant's financial ability to construct, operate, maintain, relocate and remove the Telecommunications Facilities. 11. Information in sufficient detail to establish the Applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and` services described in the Application. 12. Information to establish that the applicant has obtained all other governmental approvals and permits. to construct and .operate the facilities and to offer or provide the Telecommunications Services. 13. Whether the Applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such services is subject to cable franchising. 14. An accurate map showing the location of any existing Telecommunications System(s) in the City that Applicant intends to use or lease. 15. A description of the Telecommunications Services or Telecommunications Facilities that the Applicant will offer or make available to the City and other public, educational and governmental institutions. 16. A description of Applicant's access and line extension policies. 17. The area or areas of the City the Applicant desires to serve and if applicable, a schedule for build -out to the entire franchise area. 18. All fees, deposits or charges required pursuant to this Ordinance. 19. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 20. Such other and further information as may be requested by the City Manager. B. Franchise Application Processing Fee: Any person that desires a Franchise pursuant to this section shall file an application with the City Manager which shall include the following information and which shall be accompanied by an application processing fee which shall be in an amount which will pay the actual and reasonable costs to the City for processing such application, including costs incurred by outside consultants who are retained by the City to review an application. The City Manager shall estimate the amount of said costs and the applicant shall deposit the amount of said estimate with the application. The applicant shall be required to deposit additional amounts when actual processing costs exceed the estimate. Any surplus amount shall be refunded to the applicant. 2001 Ordinance -26- Telecommunications Systems C. Determination by City Manager: Within 120 days after receiving a complete Application under this Section hereof, the City Manager shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial. The City Manager shall consider: 1. The financial and technical ability of the Applicant. 2. The legal ability of the Applicant. 3. The capacity of the Streets and Public Rights -of -Ways to accommodate the Applicant's proposed Telecommunications Facilities. 4. The capacity of the Streets and Public Rights -of -Ways to accommodate additional utility and Telecommunications Facilities if the Franchise is granted. 5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the Franchise is granted. 6. The public interest in minimizing the cost and disruption of construction within the Streets and Public Rights -of -Ways. 7. The service that Applicant will provide to the community and region. 8. The effect, if any, on public health, safety and welfare if the Franchise requested is granted. 9. The availability of alternate routes and/or locations for the proposed Telecommunications Facilities. 10. Any and all convictions or findings by any governmental authority that the applicant has violated any law or ordinance (including environmental laws or ordinances) or license agreement or franchise agreement. 11. Applicable federal and state telecommunications laws, regulations and policies. 12. Such other factors -as may demonstrate that the grant to use the Streets and Public Rights -of -Ways will serve the community interest. D. Agreement: No Franchise shall be granted hereunder unless the Applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the Franchise to occupy and/or use the public ways will be granted. E. Nonexclusive Grant: No Franchise granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the Streets and Public Rights -of - Ways for delivery of Telecommunications Services or any other purposes. F. Rights Granted: No Franchise granted under this Section shall convey any right, title or interest in the Streets and Public Rights -of -Ways, but shall be deemed a Franchise only to use and occupy the Streets and Public Rights -of -Ways for the limited purpose and term stated in the grant. Further, no Franchise shall be construed as any warranty of title. G. Franchise Territory: A Franchise granted under this Section shall be limited to the specific geographic area of the City to be served by the franchise Applicant, and the specific public ways necessary to serve such areas. H. Franchise Fee: Each and every Franchisee shall be subject to and pay, to the extent not prohibited by applicable federal or state law, a Franchise Fee for the use of the property rights granted to the Franchisee, i.e., the privilege of using Streets, Public Rights -of - Way, and Easements to construct, maintain, and operate a Telecommunications System or any portion thereof, as a condition and requirement of each and every Franchise. The Franchise Fee shall consist of the following components: 2001 Ordinance -27- Telecommunications Systems 1. Minimum Compensation Component. Each and every Franchisee which constructs, maintains, and operates a Telecommunications System, or any portion thereof, or provides a Telecommunications Service, which is not exempt in whole from compensation payment requirements pursuant to federal or state law, shall payminimum compensation (the "Minimum Compensation Requirement") on an annual basis in an amount to be established in the initial License, Franchise, permit, or other authorizations. The City Council shall from time to time and by resolution establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in all Licenses, Franchises, permits, and other authorizations. The Minimum Compensation Requirement shall not exceed the fair market value of the property rights granted to the Franchisee, i.e., the privilege of using Streets, Public Rights -of -Way, and Easements to construct, maintain, and operate a Telecommunications System or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement by applicable federal or state law. 2. Additional Compensation. Either at the time of issuance of any License, Franchise, permit, or other authorization, or any time thereafter, the City shall determine whether or not the Minimum Compensation Requirement equates to or is less than the fair market value of the property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights -of -Way, and Easements to construct, maintain, and operate a Telecommunications System or portion thereof, which are not exempt in their entirety from the imposition of a compensation requirement pursuant to federal or state law. If the. City determines that said non- exempt property rights possess a fair market value in excess of the Minimum Compensation Requirement, the City shall engage in negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide additional compensation to the City, in cash or in -kind services or facilities, which represents in value the difference between the Minimum Compensation Requirement and the fair market value (the "Additional Compensation") (the Minimum Compensation Requirement and the Additional Compensation shall collectively be referred to as the "Total Compensation"). Under no circumstances shall the Total Compensation exceed the fair market value of the non-exempt property rights granted to the Licensee, Franchisee, or holder of the permit or authorization. To the extent that the City and the Applicant agree upon Total Compensation as part of the issuance of the License, Franchise, permit, or other authorization, said agreement shall be binding upon the City for the term of the License, Franchise, permit, or other authorization. However, to the extent that the parties cannot -or do not agree upon said Total Compensation in the Franchise, License, permit, or other authorization, the City Council may, from time to time but no more frequently than annually, establish by resolution the Additional Compensation and modify said Additional Compensation based upon changes in the fair market value of the non-exempt property rights granted or conveyed. 3. Acceptance by the Applicant of any License, Franchise, permit, or other authorization shall constitute an acceptance of the Minimum Compensation Requirement unless the Applicant can affirmatively demonstrate that all of the activities, both present and future, which will be conducted utilizing the property rights granted to the Applicant are completely and totally exempt from all compensation requirements pursuant to applicable federal or state law. The burden of proof shall be on the Applicant. The Applicant shall provide all written and oral information, documents and evidence reasonably requested by the City which are necessary or relevant to a determination as to whether all of its activities and uses which use or occupy Streets, Public Rights -of -Way, and Easements are exempt from non -cost recovery compensation. 2001 Ordinance -28- Telecommunications Systems I. Appeals: An Applicant may appeal the denial of a Franchise or a condition imposed in a franchise under Section 6.12.440 or directly to the City Council. Such appeal shall be filed in writing with the City Clerk by 5 p.m. on the tenth (10th) business day following the date of mailing of the City's written decision that is being appealed. A fee as established from time to time by resolution of the City Council shall accompany the appeal. The City Council shall schedule a hearing on the appeal within thirty (30) days of thefiling of .the appeal. The Council's decision on the appeal shall be final. 6.12.380 Term of License or Franchise. The term of a License or Franchise shall be as specified therein and shall not exceed ten (10) years from the date that a Franchise or License is approved by the City Council and executed by both the City and the affected Telecommunications Carrier. 6.12.390 Assignment, transfer or sale of Franchise or License. A. There shall be no assignment of a Franchise or License, in whole or in part, or any Change in Control of the Franchised or Licensed Telecommunications Carrier, without the prior express written approval of the City. B. Any assignment or transfer, or any change in Control, without the City's prior written consent shall constitute a default that will cause a Franchise or License to terminate. C. At least one hundred twenty (120) days before a proposed assignment or change in Control of the Franchise or License is scheduled to become effective, the Telecommunications Carrier shall request in writing the City's consent. The Telecommunications Carrier shall submit to the City (concurrently with the submission of its written request) (i) any other information or documentation required by the State or federal government; (ii) the information referenced in this Ordinance; (iii) unedited and unredacted copies of the sale or transfer documents with all schedules and exhibits thereto; and (iv) information regarding the financial ability and stability of the proposed assignee with respect to being able to perform all obligations of the existing Franchise or License. D. The City shall not unreasonably withhold its consent to such an assignment or change in Control. However, in evaluating the request for assignment, transfer, sale, or change in Control, the City may, in its sole discretion and among other things, undertake a technical inspection and audit of the Telecommunications System to determine whether the Telecommunications System complies with all applicable technical and safety codes, and with this Ordinance, the Franchise, or License. E. If the City determines (as a result of the technical inspection and audit) that the Telecommunications System does not comply with federal, state, or local standards, then the Telecommunications Carrier shall be provided with an opportunity to correct or cure the non- compliance. In the alternative and in the discretion of the City Council, the City may work with both the current and proposed Telecommunications Carrier to cure the non-compliance. F. Before an assignment or change in Control is approved by the City, the proposed assignee, transferee, or buyer shall execute an affidavit acknowledging that it has read, understood, and will abide by both this Ordinance and the applicable Franchise or License. G. In the event of any approved assignment or change in Control, the assignee or transferee shall assume all obligations and liabilities of the former Telecommunications Carrier relating to the Franchise or License unless specifically relieved by the City at the time the assignment or change in Control is approved. 2001 Ordinance -29- Telecommunications Systems H. Reimbursement of Processing and Review Costs. The Telecommunications Carrier shall reimburse City for City's reasonable processing and review expenses in connection with a transfer of the Franchise or License or a change in Control of the Franchise or License, including, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, costs of consultants (including technical and legal experts), notice and publication costs, and document preparation expenses. City may send the Telecommunications Carrier an itemized description of all such charges, and the Telecommunications Carrier shall pay such amount within twenty (20) days after the receipt of such description. I. Violation. If the Telecommunications Carrier violates any provision of this paragraph, the Franchise or License shall automatically terminate. 6.12.400 Revocation and termination. A. In addition to all other rights and powers retained by the City, the City shall have the right to revoke any Franchise or License granted hereunder and to terminate all rights and privileges of the Franchisee or Licensee hereunder in the event of a substantial breach of the terms and conditions of said Franchise or License, or of any rule or regulation of the City, City Manger or City Engineer. A substantial breach by a Franchisee or Licensee shall include, but shall not be limited to, the following: 1. Violation of any material provision of this ordinance or of any Franchise or License granted or renewed or pursuant to this ordinance; 2. Any attempt by a Franchisee or Licensee to evade any material provision of the Franchise or License or to practice any fraud or deceit or deception upon the City; 3. The failure of a Franchisee or Licensee to obtain permits for, or to begin or complete construction as provided under this ordinance and under the Franchise or License; 4. Material misrepresentation of fact by a Franchisee or Licensee in the application for or negotiation of the Franchise or License; 5. Conviction of any director, officer, employee, or agent of a Franchisee or Licensee of the offense of bribery or fraud connected with or resulting from the awarding of the Franchise or License; 6. Failure of a Licensee or Franchisee to pay any License Fee or Franchise Fee or other compensation required by this ordinance, or required by any Franchise or License granted pursuant to this ordinance, to the City when due. Failure of a Licensee or Franchisee to pay said fee shall also require the Franchisee or Licensee to pay interest on any past -due fee or compensation to the City at the rate of one and one-half percent per month on the unpaid amount. B. Appeals shall be as provided for in Sections 6.12.360, 6.12.370 or 6.12.440. 6.12.410 Most -Favored -Nation clause. Should a Licensee or Franchisee enter into a similar agreement with another municipality or county in the Los Angeles -Long Beach, Orange County, Riverside -San Bernardino, or San Diego Metropolitan Statistical Areas containing financial or service -related benefits (excluding any municipal or county taxes) which taken as a whole, are materially superior to those in the Franchise or License, the Licensee or Franchisee and City, at City's option, shall modify the License or Franchise agreement to incorporate substantially all (but not less than substantially all) of such benefits and burdens. The Licensee or Franchisee shall notify City within thirty (30) days of entering into such superior agreement and City shall notify the Licensee or Franchisee whether it elects to exercise its rights under this Section 6.12.410 within thirty (30) days after such written notice. Such benefits and burdens 2001 Ordinance -30- Telecommunications Systems shall be made applicable to City retroactive to the date the Licensee or Franchisee entered into such superior agreement with another municipality or county. Licensee or Franchisee shall promptly provide the City with copies of all agreements which City requests or Licensee or Franchisee reasonably believes may involve materially superior benefits as provided in the Section 6.12.410. This Section 6.12.410 shall be considered incorporated by reference in all License and Franchise agreements, regardless of the absence of such clause or the failure to include such clause in the license or franchise. 6.12.420 Possessory interest tax. By accepting any Franchise, License, or permit granted pursuant to this Ordinance, Telecommunication Carrier acknowledges that notice is and was hereby given to Telecommunication Carrier pursuant to California Revenue and Taxation Code Section 107.6 that use or occupancy of any public property may cause certain taxes to be levied upon such interest. Telecommunication Carrier shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any Public Property pursuant to any right of possession, occupancy or use created by any Franchise or License. 6.12.430 Proprietorial information. Telecommunications Carriers subject to this ordinance shall provide all information required by the City. If the Telecommunications Carrier declares any portion of the information to be "proprietorial information", Carrier shall identify the same by notation in the applicable applications or questionnaire and provide the information to the City in a separate sealed envelope or container clearly identified as "PROPRIETORIAL INFORMATION", together with information identifying ownership. The City will thereafter either return the material to the Carrier without retaining copies after having conducted its analysis, or will retain said information separately in a secure facility. Proprietorial information will not be released by the City to any source without prior notice to the Carrier, except upon receipt of a duly authorized court order. Carrier will be offered the opportunity by the City to intervene and represent the City's interests in protecting said proprietorial information on Carrier's behalf, if refused, then the City shall have no further obligation to protect or defend the non -release of the designated proprietorial information, or portions thereof. Any proprietorial information that was returned to Carrier that was relied upon by the City in framing the terms and conditions of any franchise, license or permit shall be conclusive as to carrier and non - contestable in any subsequent administrative or judicial procedure involving that Carrier and the particular franchise, license or permit. 6.12.440 Alternative administrative hearing provisions for appeals. Appeals under sections 6.12.360, 6.12.370 or 6.12.400 may upon the mutual election of the City Manager and the Applicant or Carrier be determined instead by an administrative examiner who shall be a member of the American Arbitration Association or similar body mutually acceptable to both parties, or an Administrative Law Judge assigned by the State of California Office of Administrative Hearings. The formal rules of evidence and procedure shall not be applicable to the proceedings, except that any evidence that is relevant and probative or would be admissible over objection in a civil proceeding shall be admissible during the hearing. The findings and conclusions of the Examiner shall be based on "substantial evidence" and be presented in an administrative record, the results of which shall thereafter constitute the exhaustion of administrative remedy and be subject to judicial review by way of mandamus under Code of Civil Procedure Section 1094.6. -- Signature Page to Follow -- 2001 ordinance -31- Teteco mmmication Systems Telecommunications Systems Ordinance Signature Page PASSED and ADOPTED this day of , 2001. AI 1EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Georg�iser, III City Attorney e'104.12r George H. Waters, Mayor 2001 Ordinance -32- Telecommunications Systems City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. 9 ITEM TITLE SKATEBOARD REPORT PREPARED BY JIM RUIZ EXPLANATION. DEPARTMENT PARKS & RECREATION On February 6, 2001, the City Council heard a brief presentation regarding the building of small, unsupervised skateboard areas in our parks. It was presented by a group call sk8nc. Council directed staff to meet with the group to obtain additional information. Report is attached. Environmental Review N/A Financial Statement Estimated cost is approximately $250,000 for four park areas. Account No. STAFF RECOMMENDATION Approve concept, refer to Budget Committee. BOARD/COMMISSION RECOMMENDATION Approval. ATTACHMENTS (Listed Below) Resolution No. Report, Letter of Support, conceptual drawings and pictures. A-200 (Rev. 9/80) City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 March 1, 2001 To: Mayor and City Council From: Jim Ruiz, Parks & Recreation Director Subj: Skateboard Report Skateboard riding has become an extremely popular mode of youth recreation and transportation. Skateboarders are seen nearly everywhere in the City and at all times of the day. Having prevailed since the 1960's with popularity and with refinement growing in recent years, the "FAD" stigma no longer seems to apply to skateboarding. Skateboarders learn the sport at unsupervised sites, usually in school areas or business districts by using curbs, walls and benches. They then graduate to making ramps and half pipes in backyards and alleys. I, along with our Risk Manager, met with representatives of sk8nc. We discussed the feasibility of developing small, unsupervised skateboard areas in our four local parks. Kimball Park - The desired area is where the old zoo was located extending into the vacant "Colonial Ford" property. Las Palmas Park - The desired area is the grass area just east of the tennis courts along Newell Avenue. El Toyon Park - The desired area is just south of the athletic field restrooms along "U" Avenue. Sweetwater Heights Park - The desired area is adjacent to the existing playground equipment. At all sites, the design would include concrete curbs, metal rails and walls no higher than 18-24" which would keep the city's risk and exposure to a minimum. These skateboard areas would be between 2,000 and 8,000 square feet, depending on the park site. According to the estimates of sk8nc, the total cost would be approximately $250,000 for all four sites. Sk8nc is in the process of working with a non-profit organization so they can go after corporate donations and grants. They also hope the City will contribute. ® Recycled Paper Skateboard Report (page 2) Sk8nc expects to receive help from volunteers and contributions from area businesses to help in the building of these facilities. Naturally, some sort of insurance requirements and/or hold harmless agreements would be required of these volunteers. Park Issues. Mixed Use. The playground would be used by skateboarders, in line skaters, scooters, and BMX bikes. Safety Equipment. Helmets and pads would be required. Safety rules would be posted. Enforcement. Regular drive by police patrols and the park security company. Sk8nc anticipates developing a club to help with maintenance and "self - policing." Grafitti. The structural features and elements of this type of playground are low to discourage "grafitti walls." Hours. Basically 8 am to dusk, seven days per week. Noise. Studies have found that noise from this type of activity doesn't exceed other park use noises. Insurance. The Risk Manager is contacting our insurance underwriter with this concept for comments. It is anticipated that $10,000 per year will have to be added to our liability insurance. Staff agrees with the concept of developing skateboard playground areas rather than a large 50,000 square foot skateboard park. This will give youth an alternative place to business districts, schools, and alleys to release their energy and enjoy their sport. Benefits - Physical benefits are conditioning through regular aerobic exercise and improved coordination. Psychological benefits include a feeling of individual accomplishment, & a forum for the positive release of youthful aggression. Cultural benefits include the fostering of a spirit of friendly com- petition coupled with mutual respect and providing a positive alternative to drugs and gangs. Attached is a letter of support from Dr. George Cameron of the National School District. Attached are also several conceptual desings. One if for Las Palmas Park; the others are concepts and pictures of similar types of skateboard areas. NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 February 27, 2001 Mayor and City Council City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor and Councilmembers: On February 22, I met with two representatives of Sk8 NC to learn more about their proposed project. This local group of parents and business owners shared their interest in planning, financing, and building rolling sports courts in each of our City parks. Conceptually, we feel such a venture merits consideration in an effort to provide more appropriate places for children to skateboard, blade, and bike. Currently, many children practice this popular sport in the streets and on school playgrounds after hours. Unfortunately, these inappropriate skating venues expose children to dangerous traffic or result in costly property damage to our school buildings and classrooms. Moreover, we understand that rolling sports courts have been implemented in other communities with positive success. Given the popularity of skating and skateboarding, we support Sk8 NC's request for City consideration. Sincerely, Ge' rge J. C'amleron, Ed.D. District Superintendent GJC:cim BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L. CAMPBELL; ALMA GRAHAM; JAMES GRIER, JR.; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT --BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS I II I fill „............... .„... . Uti ARK Las Palmas 3D-2 02/28/01 WED 08:28 FAX 858 488 0154 Nichols l 002 February 28, 2001 Mr. Tom McCabe City Manager City of National City 1243 National City Boulevard National City, California 91950. Dear Mr. McCabe: ITEM #10 3/6/01 ** AM,CliED REPORT FIOM THE PLANNING DIRECTOR** San Diego Aircraft Carrier Museum (SDAC?4) representatives have discussed with Councilman Beauchamp our desire to purchase a 14_5 acre parcel just downstream of National City Boulevard on the old Sweetwater River Channel in National City. He has suggested that we submit this letter to you with regard to our proposed use of the parcel. The subject property is bounded by National City Boulevard on the east end, the industrial park on the north side, an apartment complex on the south side, and the railroad tracks on the west end. An outline of the parcel is included as an attachment to this letter. The property would be used as a mitigation project for the impacts to habitat caused by permanently mooring the ex-USS Midway aircraft carrier at Pier HA in San Diego and converting it to a museum featuring US naval aviation history. Due to the existence of jurisdictional wetlands and other environmental factors, the current owners have been unable to develop the National City parcel for other uses, and are, therefore, interested in selling the property to the SDACM for the specified use. The SDACM has completed a conceptual plan for restoration and expansion of the marsh presently existing at the site. The SDACM plan has been reviewed and conceptually approved by representatives of US Fish and Wildlife, National Marine Fisheries, the US Army Corps of Engineers, California Fish and Game, and the California Coastal Commission. The California Coastal Commission has requested the SDACM to provide an indication that the proposed use of the property would be acceptable to National City government. In this connection, we would greatly appreciate it if you could provide us a letter that the City of National City would not object to the proposed use of the property. The Coastal Commission has scheduled the Midway project hearing for March 14, 2001 and, ifat aft possible, we would appreciate your response by that date. If useful to your determination, we would be pleased to meet with you to discuss the project in as much detail as you would like. Please contact me at your convenience if 1 may provide additional information or to schedule a meeting. Thank you for your assistance in this matter. Very truly yours, 2 arles _ Nichols Project Manager . 1355Nortfi 5iar6or Drive, San Diego, Ca 92101, (619) 702-7700, fwc(41.)238,1200 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR March 1, 2001 TO: FROM: ROGER G. POS , 'LANNING DIRECTOR RE: TOM G. McCABE, CITY MANAGER /, USS MIDWAY/MARSH MITIGATION It is my understanding that Chuck Nichols from the San Diego Aircraft Carrier Museum (SDACM) has submitted a letter to your office seeking City support for the use of property in National City as mitigation for the USS Midway project at the North Embarcadero in San Diego. Mr. Nichols had initially contacted Planning staff in August of last year. The property in question is approximately 14.5 acres along the historic remnant of the Sweetwater River, west of the National City Boulevard bridge and south of 35th Street: The area is sometimes known as Lovett Marsh. Due to the environmental constraints present, the property has not developed. Homeless persons have periodically occupied areas along the River. The Midway proposal is included in the Port District's North Embarcadero Visionary Plan. The Port was also the lead agency in the preparation of a Master Environmental Impact Report for the Plan. That document identified the need to mitigate the destruction of up to 4.1 acres of open water habitat that would result from the placement of the Midway at Navy Pier on the Embarcadero. It is our understanding that the SDACM has, with the assistance of a consulting firm, put together a mitigation program for Lovett Marsh and has been coordinating with the various resource agencies. While National City does not have approval authority per se over use of this property as mitigation for the Midway project, the Coastal Commission has advised that National City will need to issue a Coastal Development Permit for any restoration/expansion of the Marsh. While the property has retained its Light Manufacturing zoning, there are strong policies in the City's Local Coastal Plan which encourage restoration of the Marsh. The efforts of the SDACM would likely result in the achievement of those policy objectives. The use of National City property as mitigation for a project outside the City, however, could be a concern. The Community Development Director has suggested that the property be reserved for mitigation for National City or other South Bay projects. ® Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR August 4, 2000 TO: PARK MORSE,AACTING CITY MANAGER FROM: ROGER POS , PLANNING DIRECTOR RE: MITIGATION FOR MIDWAY AIRCRAFT MUSEUM This morning I spoke with a Mr. Chuck Nichols who represented himself as the project manager for the effort to relocate the Midway to San Diego. He has identified a 15-acre site in National City which he would like to use as habitat mitigation for this project. The property is a remnant of the old Sweetwater River and is located south of 35th Street and west of National City Boulevard. I mentioned to Mr. Nichols that there may be some concern with using property in National City as mitigation for a project in another jurisdiction. I suggested that he write a letter to the Mayor and Council describing his proposal. Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2001 AGENDA ITEM NO. 11 / ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP USED VEHICLE TENT SALE Claudia Caro, Permit Tech®EPARTMENT L, Building and Safety 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 March 16 — Sunday March 18, 2001. The hours of the sale are 9:00 a.m. until 9:00 p.m. They will have D.J. music for entertainment from 10 a.m. through 6 p.m. during the event. (Environmental Review X N/A Financial Statement r vB The City has incurred $115.00 in costs in processing the T.U. . p �'pp�ica`tiot'through iiaska rCei ' e 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 (9:99) Type of Event: Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Festival _ Community Event Circus _ Block Party Other tT a.VIt4 Event Title: mot/4 11- Event Location: PG iefre7A £ N / Event Date(s): From 3 /6_oJ to , 1-01 Total Anticipated Attendance: Month/Day/Year (2- Participants) /� (__Spectators) - _ Actual Event Hours: ___(;' pm to a q pm Setup/assembly/construction Date: 3 -/ C -O f Start time: / 0 A'M Please describe the scope of your setup/assembly work (specific details): Dismantle Date: _34 % l -0 t . ompletion Time: 4— ammm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. / V 1A 7 f r jGf1° ,%GL 4 'Is OFl /Q .-1: i J l D C; -rzs (t! l LC .e MOV l A • Sponsoring Organization: Me. aw6 ethey X ' ' X For Profit 6 Not- or-1 fit�1 / Chief Officer of OrganizationA�(Name)'n-. Oe�-4 �L^fi'M OWN Applicant (Name): /1, C CJ'J� Ca -PIS Address: 2-340 Al A-/ /0 /JAL.. 6 t 7/ I L-W)) fSJ 4 e} •. 9" Daytime Phone: 4 % Si 7 / 234Evening Phone: n 411 Id 4 Fax: (i Iy 474- `-340 Contact Person "on site" day of the event: ie.A/ k �I �C/ �i Pager/Cellular: /g--- Svi/- Q r4S� NOTE: THIS PERSON MUST BE IN AT 1 f4 ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO crry OFFICIALS 1 Is your organization a Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? _ YES . NO _ YES NO If YES, please explain the purpose and provide amount(s): Q0P Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 00 0 Estimated Expenses for this event.' i „//4- What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such ae,the use of vehicles, animals, rides or any other pertinent information about Ow event.`/ Out. (oC,q--<- & #WA4 U o%i (7 auie ` aelR- C-6e a Cr'ry M I LF F . 2 _ YES NO YES _ NO _ YES _X NO YES INO Does the event involve the sale or use of alcoholic beverages? Willll items or services be'sold at the event? If yes, please describe: USA V>f(C(,E� • Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: /J/�1 f'f" if you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: c2-' (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the. event) ➢ Tables and Chairs ' > Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers,platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers - ` ' ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) �' Number of trash cans: S Trash containers with lids: S Describe your plan for clean-up and r oval of waste and garbage during and after a event: Zvi �t c C ..ccir i O 7Z r /,JPCAS77C S. 3 Please d be your procedures for both Crowd gae/ 7y. rol and Internal Security: D2k- /t/1M /i�A-tom _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: ecurity Director (Name): Phone: _ YES XNO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate w^hat arrangement you have mad for providin First Aid taffingg�nnd� Equipment. 414 Please describe your Accessibility Plan for access at your event by individuals with disabilities: Ncr ,2Es74t c.r,o,J s 9Q:14 rl iw b i rie u-A-ter Please provide a detailed description of your PARKING plan, D hr< 1 T6 A-G-C. 4 Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: , O / / 1 / aAl/A-f�b1IE72i ( i.,nls Dnl 1� /) v f .���12 " y £4-11EC s?.-u%a NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: �/ Number of Bands: Ai Type of Music: J. J' MUSIC. YYES NO Will sound amplification be used? If YES, please indicate: Start time: t 0 arr pm Finish Time _ YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES y NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: N t 5 T C! /f-7-3 LNf.r Ali t L (.c 1/et. 5 For Office 'Use Onfy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AND SAFEY ' %r RECEIVED FEB2 ) 2001 f'AT ANAL CITY, CALF 6 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: March 16-18, 2001 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 ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) Fire Department access shall be maintained at all times. All Fire Department connections must remain unobstructed at all times. A minimum of four exits are required. They must be clearly marked and be a minimum of ten feet wide. The maximum occupancy shall not exceed 107 people and signs shall be posted to that effect. A minimum of four, 2A:10BC fire extinguishers shall be in the tent and available for immediate use. No smoking shall be permitted inside the tent and signs shall be posted to that effect. No vehicles shall be parked within 20 feet of the tent. 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. JAN 18 '01 02: 05PM P<_PZA BONITA P.1 Facsimile SNOPP!NGTOWN PLAZA BONITA DATE: TO: //4/01 CCaLAA,GuiL. COMPANY: FACSIMILE NUMBER: FROM: 00,1,4043`. PHONE NUMBER: 619 267-2850 NO. OF PAGES: 3030 Place Bonita Road National City, CA 91950 Telephone (519) 2674950 Facsimile (818) 472-5852 ` 1,1 c ctokL. ce4Aita4 t.. A a..4. dr c� Ce C s--- ' Ra. �., s=te.1.. .4ddi-d)r" The contents of this facsimile (Including attachments) may be privileged and confidential. Any unauthorized use of the contents is expressly prohibited. If you have received the document In error, please advise us by telephone traverse charges) immediately and then shred the document. Thank you. 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 pbe�attached to this permit. �� � Organization 1 st ��' f_l ` cc — J � Person in Charge of Activity Lst�2L6 6 Lzkview ` 74 ►A k Address % V 4- % L ar7 L ,ki C /q1-1) Telephone 6'9r 4-77 «34 Date(s) of Use _ -3- (6--0 I. -TIN* 3 -(q_ of. 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 Par 'ng Authority of the City of National City from and against all claims, de = s, costs, losses, damages, injuries, litigation and liability arising out • " • rely tot e of public property by permutes or permitee's agent plo - - or on - ctors. For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT 12 MEETING DATE March 6 2001 AGENDA ITEM NO. ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — NATIONAL CITY CHAMBER OF COMMERCE - CIRCUS VARGAS 1, r DEPARTMENT Claudia Caro, Permit Tech. Building and Safety EXPLANATION This is a request from National City Chamber of Commerce to host a circus, provided by Circus Vargas on Lot 4 of Plaza Bonita. The show times are as follows: Monday, March 19th (Opening Day) 7:30 p.m. Tuesday, March 20" 5:00 p.m. and 7:30 p.m. Wednesday, March 21" 5:00 p.m. and 7:30 p.m. Thursday, March 22'd 5:00 p.m. and 7:30 p.m. Friday, March 23`d 5:00 p.m. and 7:30 p.m. Saturday, March 24' 2:30 p.m. and 5:00 p.m. and 7:30 p.m. Sunday, March 25" 12:30 p.m. and 3:00 p.m. and 5:30 p.m. The last shows ends at 9:30 p.m. each day, except Sunday when the last show ends at 7:30 p.m.. Set up begins at noon Sunday, March 18th and continues until the show opens. Tear down begins at 8:00 p.m., Sunday, March 25" and ends at noon, Monday, March 26". A waiver of the $150 T.U.P processing fee and the $65 Fire Department fee is requested. The applicant and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. CEnvironmental Review X N/A Financial Statement Approved By: The City has incurred $150.00 in costs in processing the T.U.P. application through Va i8eiTTicty Departments and $65 in Fire Department fees. Account No. N/A STAFF RECOMMENDATION Approve the Application for a em pp PPse Permit subject to compliance with all conditions of approval and grant the waiver of the $215 in fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Circus Vargas DATE OF EVENT: March 19-25, 2001 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x] NO [ ] SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. No Fire Department access shall be blocked at any time in any way. 2. A minimum of seven exists shall be maintained at all times. They shall have a minimum width of 10 feet with no obstructions and they shall be clearly marked. 3. A minimum of 13 2-A:10-B:C extinguishers shall be available for immediate use in the Big Top and an extra 8 extinguishers shall be located every 75 feet outside the Big Top. 4. Aisle widths shall be maintained at a minimum 44 inches. 5. Exits and aisles shall remain unobstructed at all times. 6. Automobiles and other internal combustion engines shall be a minimum of 60 feet away from the Big Top and 30 feet away from all other tents/canopies. 7. No open flames or smoking shall be permitted inside or adjacent to any tent or canopy. 8. Tents and canopies shall be treated with a flame retardant and bear the State Fire Marshal's seal. 9. A $65 permit fee is required for the tent. 10. An inspection is required prior to opening. Contact the Fire Department at the above number. 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. POLICE (336-4400) 1. Will attempt to provide 2-4 reserve officers for security and parking issues. (The National City animal control department and the San Diego County Health have been notified) Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Festival X Circus _ Block Party Other Community Event Event Title: Circus Vargas Event Location: Plaza Bonita Shopping Center Parking Lot Event Date(s): From 3 -19 - 01to 3 - 2 5 - 01 Total Anticipated Attendance: Month/Day/Year (__,Participants) (____Spectators) SEE ATTACHED Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: '1-1 R-01 Start time: 12 Noon Please describe the scope of your setup/assembly work (specific details): Assemble Circus Tent Dismantle Date: 3-2 5 & 26 Completion Time: 1 2 Noon am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None Sponsoring Organization: N:_ 'C . i l;anfhP, - Chief Officer of Organization (Name) Ed; t h Hughes, (Fn Applicant (Name): National City Chamber of Commerce For Profit X Not -for -Profit Address: 711 "A" Avenue - National City, CA 91950-2228 Daytime Phone: 61.9) 477-9339 Evening Phone:019) 475-h124 Fax: 61 0)477-5n1 R Contact Person "on site" day of the event: Edith Hughes Pager/Cellular. 341 -41 1 9 NOTE: THIS PERSON MUST BE IN ATI!EN ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? X YES NO If YES, please explain the purpose and provide amount(s): Fund -Raiser for the Chamber of Commerce $12 5 , 000.00Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 12.000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 25% pre -sale tickets, 10% Circus tickets sales Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Circus acts, pony rides within perimeters of circus layout. 2 YES X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: Circus will sell souvenir items, canned sodas, hot dogs, popcorn and peanuts. _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ,X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Hot dogs cooked in Please describe how food will be served at the event: steamer, everything else is packaged. If you intend to cook food in the event area please specify the method: GAS _ ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Circus Vargas will provide trash diapncal and ^lc�rp at site. 3 Please describe your procedures for both Crowd Control and Internal Security: Circus Vargas will provide security guards. We will also request Police Reserves. _ YES g NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: The parking lot lights will be ample Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Circus Vargas will provide Please describe your Accessibility Plan for access at your event by individuals with disabilities: Everything is ground level - seating available for individuals with disabilities. Please provide a detailed description of your PARKING plan: Ample parking at Plaza Bonita near the circus area. 4 Please describe your plan for DISABLED PARKING: Plaza Bonita has ample handicap parkinz Please describe your plans to notify all residents, businesses and churches impacted by the event: Businesses within mall will be notified. No residents on west side of the Center NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office 'Use Onfy Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. 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 (Please provide an explanation and details. No (Please proceed to Qu on 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. x No (Please proceed to Question 6) 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? x Yes (Please provide an explanation and details. The National City Chamber of Commerce No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) / ooJ Signature Date ALA,- 9 NATIONAL CITY CHAMBER OF COMMERCE CIRCUS VARGAS 2001 DATES and SHOWTIMES SET UP SUNDAY, MARCH 18T" —12 NOON TO 5:30 P.M. — MONDAY, MARCH 19 Monday, March 19th Tuesday, March 20th Wednesday, March 21st Thursday, March 22°' Friday, March 23rd Saturday, March 24th Sunday, March 25th (Opening Day) 7:30 P.M. to 9:30 P.M. 5:00 P.M. 7:30 P.M. to 9:30 P.M. 5:00 P.M. 7:30 P.M. to 9:30 P.M. 5:00 P.M. 7:30 P.M. to 9:30 P.M. 5:00 P.M. 7:30 P.M. to 9:30 P.M. 2:30 P.M. 5:00 P.M. 7:30 P.M. to 9:30 P.M. 12:30 P.M. 3:00 P.M. 5:30 P.M. to 7:30 P.M. TEAR DOWN SUNDAY, MARCH 25T" - 8:00 P.M. TO 12 NOON - MONDAY, MARCH 26TH R�IyO 40/4 0 II 1'171 hl ' E TRANCE. 4� LIB. 11li3 t; ENTRANCE m 92 m d� re% plaza bond' a PLAZA BONITA EMPLOYEE PARKING YOU MAY ONLY PARK IN THOSE AREAS SHOWN IN YELLOW O Exterior • • • i - 40 HXST I - 23' 6" 'EXIT • 6 - 10' EXITS X Fire Extinguishers) (TOM of 14, ]Oa ted m • Troll lam. nos acts) 20 - Fire Lane around entire layout (outside cupola stakes r; Marque/ 04.11a it ghee I V • �� , PEEIFO MEM EWA NCE 4..,.i' y• h 165tt. o*to l yo rry . ��. 23�' 6" •_ • MAi 1 / ENTRANCE . f..i • t. . • MARQUEE 40ft diem. SEATING - CAPACITY 2414 • • A .I. 2 , hnCxrct)..Jcc +cr,-' / FEB 07 '01 03:43PM PLAZA BONITA P.2 February 7, 2001 Kathleen Trees 1243 National City Blvd. National City, CA 91950-4397 Dear Kathleen: WeshqeIf 9 HOPPS NGTOWN PLAZA BONITA 3030 Plate Bunite Road. Suite 2075 National Clty, CA 91E160.8007 Telephone 10191287d86D Facsimile 10101 4724152 Please be advised that the National City Chamber has the permission of Plaza Bonita to apply for a temporary use permit for the use if our parking lot for the Circus Vargas. If you have any questions, please do not hesitate to call. Sincerely, PLAZA BONITA LP Cindy Kell General Manager CK:vb Cc: Edith Hughes 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 National City Chamber of Commerce Person in Charge of Activity Edith Hughes, r:Fn Address 711 "A" Avenue - National City, CA 91950-2228 Telephone (619) 477-9339 Date(s) of UseMarch 18th - March 76th 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 permutes or permitee's agents, employees or contractors. i)d,a at A4t/e-c- Signature of Applicant Chief Executive Officer Official Title Date /3, 9---oc For Office Use Only Certificate of Insurance Approved Date 7 Acogv CERTIFICA" = OF LIABILITY INSU;F `.NCE0PID NM DATE(MM/DDn'Y) NCCHAMl 10/25/00 PRLOUCER a Wateridge Insurance Services 10525 Vista Sorrento Pkwy #300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 COMPANIES AFFORDING COVERAGE Ronald B. Guy Phone No. 858-452-2200 Fax No. 858-452-6004 COMPANY A Golden Eagle Insurance Corp. INSURED COMPANY B National City Chamber of Commerce COMPANY C 711 A Ave National City CA 91950 COMPANY D COVERAGES ' THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE (MWDDNY) LIMITS POLICY EFFECTNE DATE (MMIDDNY) A GENERAL X LIABILITY COMMERCIAL GENERAL 'mount CCP51839303 09/22/00 09/22/01 GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 PERSONAL & ADV INJURY S 1,000,000 CLAIMS MADE X OCCUR EACH OCCURRENCE S 1,000,000 OWNER'S & CONTRACTORS PROT FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE S S WORKERS COMPENSATION EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND INCL EXCL WC STATU- TORY UMITS OTH- ER EL EACH ACCIDENT S EL DISEASE - POLICY UMIT S EL DISEASE - EA EMPLOYEE S A OTHER Signs Deductible: 1,000 CCP518393-03 09/22/00 09/22/01 Loc #3 45,000 Loc #4 40,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS *EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER IS NAMED AS AN ADDTIIONAL INSURED. CERTIFICATE HOLDER NATLCI1 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NATIONAL CITY CA 91950 ACORD 25-S (1/95) AUTHORIZED REPRESENTATIVE / Ronald B. Guy , \ / , , "ACO CO- P•'ATIO,0'a:: i �i'4'44Gi'�dv'fr`i66'��1!967�4oKva1i97b`i1Gr"���� Yd�v6bYd6491'���ya;o�vg�iveaPd; '�,h bt'b+Y9oihrlir;iya�iwcLie- =' .i. n� K.• • Cc' ..:i� (b) The articles described on the reverse side hereof are made from a flame -resistant fabric or material registered and approved by the State Fire Marshal for such use. i? Trade name of flame -resistant fabric or material used La Plastiveneta-USA-MYiEC Reg. No. F-3231.4., w: • The Flame Retardant Process Used.. wtu NOT Be Removed By Washing twin or will nct) Scola Teloni/La Plastiveneta Miller Equipie t Company, Inc. 'It By 4 1- I{ T��. 4'i • - Certificate of ftame REGISTER© CONCERN Flo. F-323 Oittarice ISSUED BY MILLER EQUIPMENT COMPANY P.O. Box J — E. Kirk Rd. Hugo, OK 74743 405-326-3173 Date of Manufacture 12/01/92 F-323 This is to corfify that the materials described on the reverse side hereof have been flame- retardant treated (or are inherently nonflammable). 223 Fast Thousand Oaks Blvd, #406 FOR KM_ Inc, GBA Circus Vargas ADDRESS CITY STATE cat i fornia 91360 (a) Certification is hereby made that; (Chock "a" or "b") The articles described on the reverse side of this Cortiflcaie have been treated v;ith a Rame-retardant chemical approved and registered by the State Fire Marshal and that the application of said chemical' was done in conformance with the laws of the State of California and the Rules and Regulations of the State Fire Marshal. Nameof chemical used----•-•------. -... _..«............ _._«..-.........•-Chem. Reg. No...... ..... Method of application JAMES K. JUDKINS: Corrorata Granger GOL; ,N bAGLE INSURANCE COY OItt,TION P.O. BOX 85826 - SAN DIEGO, CA 92186-5826 ADDITIONAL INSURED - MANAGERS Policy No: CCP-518393— 03 OR LESSORS OF PREMISES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence' which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) 1. Additional Premium: INCLUDED SCHEDULE 2. Designation of Premises (Part Leased to You): 711 "A" AVENUE NATIONAL CITY, CA 91950 3. Name of Person or Organization (Additional Insured): THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 CO2011 101/96) (GECP0997) Copyright !neurones Services, Inc., 1984 Agent's Copy