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HomeMy WebLinkAbout2001 08-07 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — AUGUST 7, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL 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 ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 17, 2001 PRESENTATIONS Scottish Rite Law Enforcement Officer of the Year Award — Jeffrey Meeks COPIES OF IHE� CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/7/01 PAGE 2 PROCLAMATIONS Proclaiming the week of August 6 — 10, 2001 to be: "MUNICIPAL TREASURERS' WEEK" INTERVIEWS/APPOINTMENTS Senior Citizens Advisory Board — Reappointments City Boards & Commissions - Interviews PUBLIC HEARING 1. Public Hearing regarding levy of assessments for costs of maintenance — Landscape Maintenance District No. 1 (LMD) — "Mile of Cars" (Community Development Commission) **See Item #15** 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 Council member, a staff member, or a member of the public. 2. Resolution No. 2001-109 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City and DMG-Maximus for state mandated cost claim services for FY 2001-2002. (Finance) 3. Resolution No. 2001-110 Resolution of the City Council of the City of National City approving Change Order Number One for the National City Parking Lot Resurfacing Project. (Engineering Spec. No. 00-16) (Engineering) COUNCIL AGENDA 8/7/01 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2001-111 Resolution of the City Council of the City of National City accepting the lowest responsive bid from Altec Industries, Inc. and authorizing the purchase of one aerial tree trimming truck with chipper. (Purchasing) 5. Resolution No. 2001-112 Resolution of the City Council of the City of National City awarding a contract to MJC Construction for the miscellaneous concrete improvements at various locations. (Spec. No. 00-9) (Public Works/Engineering) 6. Resolution No. 2001-113 Resolution of the City Council of the City of National City accepting a drainage easement located at the southwest corner of Roosevelt Avenue and 7 Street from the Community Development Commission of the City of National City, and authorizing the City Clerk to execute a Certification of Acceptance and to record said drainage easement. (Community Development Commission) 7. Resolution No. 2001-114 Resolution of the City Council of the City of National City authorizing the City Engineer to establish a disabled person's parking zone at 126 W. 14th Street. (Ms. Kathy McGowan, TSC Item No. 2001-22) (Engineering) COUNCIL AGENDA 8/7/01 PAGE 4 CONSENT CALENDAR (cont.) 8. Resolution No. 2001-115 Resolution of the City Council of the City of National City approving the modification of a Conditional Use Permit for the removal of a screening wall and the extension of the hours of operation for a mobile recycling collection facility with a variance to allow reverse vending machines farther than 30 feet from the main entry to Ralphs Market at 901 Euclid Avenue. Applicant: Tomra Pacific, Inc. (Case File Nos. M1-CUP-1995-8, Z-2001-7) (Planning) 9. WARRANT REGISTER NO. 03 (Finance) Ratification of Demands in the amount of $574,439.18 10. WARRANT REGISTER NO. 04 (Finance) Ratification of Demands in the amount of $408,074.32. 11. WARRANT REGISTER NO. 05 (Finance) Ratification of Demands in the amount of $175,633.09. 12. Consolidated Cash and Investment Report as of March 31, 2001. (Finance) 13. Claim for Damages: Hector Medel, a minor by and through Monica Lopez, his parent. (City Clerk) 14. Street Tree Committee Minutes (Parks & Recreation) COUNCIL AGENDA 8/7/01 PAGE 5 NON CONSENT RESOLUTIONS 15. Resolution No. 2001-116 Resolution of the City Council of the City of National City confirming the diagram and assessment and providing for the levy of the annual assessment in a special maintenance district. (Community Development Commission) **See Item #1** 16. Resolution No. 2001-117 Resolution of the City Council of the City of National City approving a Conditional Use Permit for the sale of beer and wine in an existing market at 432 North Highland Avenue. Applicant: Samir Somo. (Case File No. CUP-2001-5) (Planning) ORDINANCE FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City amending Title 12 pertaining to noise control. (City Attorney) OLD BUSINESS 18. Request to use the Community Center for a Beginning Teacher Support and Assessment Program and waiver of fees. (Public Works) NEW BUSINESS 19. Notice of Decision — Conditional Use Permit for expansion of a convenience store with the continued sale of beer and wine, at a gas station at 2336 Highland Avenue. (Applicant: Moshail Kamel) (Case File No. CUP-2001-8) (Planning) COUNCIL AGENDA 8/7/01 PAGE 6 NEW BUSINESS (Cont.) 20. Notice of Decision — Conditional Use Permit for a youth boxing program and a variance for a reduction in parking requirements at 1018 National City Boulevard (Applicant: Clemente Casillas) (Case File Nos. CUP-2001-9, Z- 2001-11) (Planning) 21. Temporary Use Permit — Christiansen Amusements --Carnival. (Building & Safety) 22. Temporary Use Permit — National City Chamber of Commerce — Taste of National City. (Building & Safety) 23 Temporary Use Permit— McCune -Chrysler -Plymouth -Jeep used vehicle tent sale. (Building & Safety) -* CITY MANAGER -> CITY ATTORNEY -> OTHER STAFF —> MAYOR COUNCIL AGENDA 8/7/01 PAGE 7 NEW BUSINESS (Cont.) --> CITY COUNCIL 24. Discussion of Q Avenue Project — Councilman Soto 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. CLOSED SESSION Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) Linda Kaye Harter v. City of National City Court of Appeal, Fourth Appellate District Case No. D035563 Conference with Legal Counsel — Anticipated Litigation — Government Code Section 54956.9 (c) One potential case ADJOURNMENT Next Regular City Council meeting — August 21, 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 SAN DIEGO SCOTTISH RITE LAW ENFORCEMENT OFFICER OF THE YEAR — NARRATIVE Jason Legoretta was a very dangerous third striker, parolee at large who was wanted by National City Police Department detectives for armed robbery, assault with a deadly weapon and kidnapping. A documented member of a street gang, Legoretta was well known to National City patrol officers. In the early morning hours of his patrol shift, Officer Dan Nagle spotted Legoretta driving a motorcycle that had no license plate. (It was, of course, stolen.) Legoretta fled with Officer Nagle in pursuit. He crashed but continued his flight on foot. Officer Meeks arrived to assist and saw Legoretta carjacking a female motorist. Legoretta pistol- whipped her and her daughter in an attempt to take over their vehicle until he saw Officer Meeks approaching. Once again, he fled on foot, this time with Officer Meeks giving chase. Officer Ken Springer confronted Legoretta a short distance away. Legoretta was carjacking another motorist and was in the open driver's door attempting to force his way behind the wheel. Officer Springer radioed that Legoretta was armed and taking a hostage at gunpoint. As Legoretta tried to pull the driver from the van, Officers Meeks and Springer closed in on him. Officer Meeks saw that Legoretta was so close to the driver and the action was so violent and fluid that he could not shoot Legoretta without putting the victim in jeopardy. Risking his own safety to save the driver of the van from certain injury, Officer Meeks chose the right moment to holster his weapon and close the distance to Legoretta. Even though Officer Meeks knew Legoretta was armed, he moved in close enough to strike Legoretta on the head with his flashlight. The blow stunned Legoretta and Officer Meeks and Officer Bryan Boster were able to pull him from the van. In the violent and prolonged struggle which followed, Legoretta repeatedly reached into his front waistband where he had a concealed holster. When Legoretta was finally handcuffed, the officers found his pistol where it had fallen a few feet away. Through his bravery, quick thinking and willingness to place himself in great personal peril, Officer Meeks incapacitated a dangerous and violent felon, thereby preventing at least a carjacking and kidnapping and very probably serious injuries to the victim. His actions were representative of the finest traditions of police service and of the National City Police Department. Officer Meeks (now Senior Officer Meeks) has been recognized for his valor by the Department and by several organizations throughout the county for his actions. Ironically, Senior Officer Meeks' bravery would have gone largely unnoticed were it not for the incredible arrogance of Jason Legoretta. Legoretta filed a citizen's complaint from state prison (where he is serving a life sentence) claiming that the arresting officers used excessive force while subduing him. The Internal Affairs Sergeant who investigated the citizen's complaint case recognized the bravery displayed in Legoretta's arrest and recommended that Senior Officer Meeks receive the Department's Medal for Valor for his actions. It is possible that it was simply good luck that saved Legoretta from being shot to death during this incident. But it is far more likely that Legoretta is alive today to file citizen's complaints claiming police brutality because of the bravery and professionalism displayed by Senior Officer Meeks. We are proud to recommend that Senior Officer Jeffrey Meeks receive the Scottish Rite's prestigious Law Enforcement Officer of the Year Award. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, • Pro clam talon Municipal government, in order to best serve the needs of the citizenry, must be operated with efficiency and in an orderly and trustworthy manner; and The efficiency and order with which government carries out its public functions is strongly reliant on procedures and fmancial records; and The Municipal Treasurer administers the procedures and keeps the financial records; and All monies received into the municipal treasuries are dedicated funds and are used only for their specific purposes; and All Municipal Treasurers are the official custodians responsible for the proper management and investment of these funds; and An organized source of financial knowledge about a community and its government activities is vital to the smooth governing of that municipality —the Municipal Treasurer provides and , maintains such a body of knowledge; and The strength of local government depends upon the citizens' opinion of it, and such opinion is formed largely by the image set forth by the municipal government employees; and The Municipal Treasurer is one of the municipal officials most closely in daily contact with the citizenry and therefore is in a key position to mold sound public opinion; and It is most appropriate that we recognize a historic municipal office which grew out of the traditions of our democratic heritage. NOW, THEREFORE, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby oroclaim the week of August 6 - 10, 2001 to be: "MUNICIPAL TREASURERS' WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be ;r affixed this 7TH day of AUGUST, 2001. „;!• ".! George fl. Waters, Mayor Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor JULY 25, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Lucille Delorme's term on the above -subject board will expire August 31. She was appointed to complete a partial term and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Delorme to the Senior Citizens Advisory Board for a full term ending August 31, 2003 . This item will be placed on the Council Agenda for the meeting of August 7, 2001. GEORE H. WATERS Mayor GHW:nu ® Recycled Paper Home Address: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on tie and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner V Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Name: ,tk-LoRME Lucille (Last) (First) lll� 0- i4VE, NATIONAL Telephone: Residence ( !P/7 yyy R08 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 98. (rs SAN DIEGO COUNTY? L�/8 ` yrs. ARE YOU A REGISTERED VOTER: YES I/ Business/Work ( Birth Date .2 « ..0 /- ] q (Optional) C) y, ea /9 3D- boa NATIONAL CITY? y8 y rs . NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, ommittees or commissions: DATE: 2 .(/- Q /- YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor JULY 23, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SENIOR CITIZENS ADVISORY BOARD Marie Clifton's term on the above -subject board will expire August 31. She was appointed to complete a partial term and is requesting consideration for reappointment. If there are no objections, I recommend we reappoint Ms. Clifton to the Senior Citizens Advisory Board for a full term ending August 31, 2003 . This item will be placed on the Council Agenda for the meeting of August 7, 2001. GclZ GEOR E H. WATERS Mayor GHW:nu ® Recycled Paper ARE YOU A REGISTERED VOTER: YES CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WIIICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego. County Water Authority Housing & Community Development Committee 6 ^ / Name: 1.0 r t) .' V AAA I E. Birth Date 6 2 S ! 1 (Last) (First) (Optional) Home Address: / `7 j, Telephone: Residence (6 J _ i..( 'i j _ C "7 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? SAN DIEGO COUNTY? NATIONAL CITY? S fe.,r, NAit/ ('r'7"./ g Business/Work ( I.5 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: t.% YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: �-7 DATE: / _. 1 G ('I 1 YOUR SIGNATURE 1�� RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 20, 2001 Mr. Edward Smith, Ill 2440 D Avenue National City, CA 91950 Dear Mr. Smith: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, August 7, 2001 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGE H. WATERS MAYOR GHW:nu Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Sri i T14) At (Last) Home Address: E r na T _ T2 ,24 D © &-e Telephone: Residence ( (s!S -1/7 7—OZ. ? / NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? £(, SAN DIEGO COUNTY? Planning Commission Port Commission Traffic Safety Committee ✓�/ Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee ✓✓ (First) Birth Date del/0 (Optional) Business/Work ( 6/9 —J-7vg NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES NO it HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: C� c- STA L/F A„.9. /6s Related Professional or Civic Experience: OP -4 &UrNstS CUV(O t a-*-sdYL Cc)vd�ri c CovvrW Q_n.. ;: M tyrt/; ev i calnol ». v i)t t.J ' gtuuiik Fj cr feel" ; ,rCrtfZt_e .1 Ce,vs.F1e. - ExTi:nSSiwt C11-4-1 CismcII '' pasWte/niataiwn Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Amy Q (4-er tr i—enuv4 >r (>1 4-Tl41-1 T am CZrsxtchi ecatz, 1n C 1. DATE: I I YOUR SIGNATURE C //�d RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 20, 2001 Ms. Renee Smith 2440 D Avenue National City, CA 91950 Dear Ms. Smith: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, August 7, 2001 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOFit' E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: S Marl (Last) Home Address: t3yy Q at gri 12 Telephone: Residence ( �la t-n-)-ocoi ' ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 4 t SAN DIEGO COUNTY? �I I ARE YOU A REGISTERED VOTER: YES X Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (First) Birth Date/aS) (n(') (Optional) NATIONAL CITY? NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (0 MLR THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attend and degrees held, if any: A >-e20 G Li ( 1 lie) 36(1.( 1L<3P eL�, Related Professional o ivic Expe fence: (T6-P UP t via nt , (.K, bL o.t,y- <( Please indicate below any further information that will be of value ed board committees or commission : ( V.,n,� ()? 'r am . , n n fhb 0, 10 q (AP X7t� 67-01 (1' rn( t DATE: ��1) I 0) regardi our service oh the above <y , rn4.l-17p, :0)b /fir0J1 8n/n , 44 k Th 2Jn1 ri6 YOUR SIGNATUR RETURN COMPLETED FORM TO : €tL CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 20, 2001 Mr. Jacobs Randall 3131 Valley Road, # 30 National City, CA 91950 Dear Mr. Randall: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, August 7, 2001 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board x Civil Service Commission Senior Citizens Advisory Board 2C Parks & Recreation Advisory Board k Serra Library Systems Board Street Tree & Parkway Committee . V Project Area Committee ,a Student Commissioner Planning Commission Port Commission Traffic Safety Committee }c Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee / Name:IiI9CZIA5 ZfN1D7) Birth Date (Last) (First) _ Home Address: 3/ 3/ -g�)` /Ztj . © f1Ci Telephone: Residence ( 6/ o/ - 2 67 - 6 3 3 6 ) Business/Work ( ///9-" NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 2- % SAN DIEGO COUNTY? 2- 7 NATIONAL CITY? 2 ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (0 I'HER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: Soc°T`/f W s7 f'ij Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: 7-/,2ffp G�i7T rZ fZ/ f f i% iz L 5,9,W 4415- 7Wi CND - SoiI jIo.JS, DATE: 7/7/JZ // 0 / YOUR SIGNATU RETURN COMPLETED FORM TO : (J/ 2 yf,9i5. IV/77 ki(S779 PSiSzi-75Fy C YW/ / O j eg.,7 . 'AM Arcew/t(P---VD CITY COUNCIL OF NATI S NAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor July 19, 2001 Mr. Craig Prior 614 East 4th Street National City, CA 91950 Dear Mr. Prior: Our office has received your application and this letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, August 7, 2001 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the Clty of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board V Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: `P es 1 D R (Last) Home Address: �) 4- 4i S T IZEET -E)AST, (vATkoNPL CITY, CA 1gSO i Telephone: Residence (Co I q - ?j (' - I "7 'I 1 ) Business/Work (, tq -5 l to -396 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 1-\--j SAN DIEGO COUNTY? 4-1 NATIONAL CITY? I 'I - Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Comr�tunity Development Committee ! 1 G' Birth Date \C"� b"S2 (First) (Optional) ARE YOU A REGISTERED VOTER: YES V NO Colleges attended and degrees held, if any: TI-IomAS 3eFFE'tZSoN) SC1-kobi_ al= LAW -Juars `PoGTO'R.ATL SAN SEC,-o V X ITY - R: S. AC,C.6tANTtn1G Related Professional or Civic Experience: T Arn, PN ATTORNEY Wli}4 A KEEm INilu Z T' tN My ComNmNITY. PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: I N toN Y ME'14.4avt✓ GAPSITIER Vv I L - HAVE A c12M `iErNN tCAL GGASP tf me 15SvtES vo L-VK6 AND T�Frrt(L tM'PLACeklONS S EGAi1-1E F-ESI i?Enn-S 1W r(oNv CAry. DATE: r - I b t YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 City of National City COUNCIL AGENDA STATEMENT **Refer to Item #15 1 MEETING DATE: August 7, 2001 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING REGARDING LEVY OF ASSESSMENTS FOR COSTS OF MAINTENANCE — LANDSCAP ENANCE DISTRICT NO. 1 (LMD)— "MILE OF CARS" PREPARED BY: Paul Desrochers, l�_ DEPARTMENT Community Development Commission Executive Director EXPLANATION: This is the final public hearing relative to the levy and collection of assessments for costs of maintenance to the LMD. A public meeting was held on July 31, 2001 in these council chambers for the purpose of informing the proposed assesses of the cost and how the cost was divided amongst all property owners in the LMD. Attached to this report is the ORDER OF PROCEDURE for the public hearing. Environmental Review N/A Financial Statement Maintenance costs for fiscal year 2001-02 operation of the LMD are estimated at $93,000; and, fees to the property owners range from $315.79 to $6,221.13. The current year assessment is being reduced by $6,600 from the prior year. .1 STAFF RECOMMENDATION Conduct the public hearing per Order of Procedure BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Public Hearing Notice ORDER OF PROCEDURE August 7, 2000 Explanation: The following general outline sets forth an Order of Procedure for the public meeting relating to the Landscape Maintenance District (LMD). The Mayor will announce that this is a Public Heating relative to the levy and collection of assessments for costs of maintenance and improvements to the LMD. The City Clerk will make a statement that notice has been given in the manner and form as required by law; a Certificate of Compliance is on file and open for public inspection; and, public notice was provided. The Community Development Commission Director will provide an oral report on the proposed purpose and scope, the boundaries of the LMD, the Engineer's Report, assessment spread, and number of protests received to date (% of assessed area) and announce that copies have been delivered to each member of the legislative body. The Mayor will ask each speaker to identify themselves and their property and to provide their comments in the following order: Firstly, those who are in opposition to the (a) extent of maintenance work to be done; and (b) method of assessment spread. Secondly, ask to hear from anyone in favor of the proceedings. City Council will provide any discussion over the proceedings, if any. The Mayor will close the public hearing and the City Council can now consider taking action on the item. PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 7/13 all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 13th day of July 2001. PRINCIPLE CLERK Proof of Publication of NC 13729 Resolution - Special Maintenance District IESOLUTION flFTHE -cuu ILot ENATIo '`rialnfianee.: loft: erred3 W[ThEREE0RE @F IY,RESOLVE9 by the` ad ollpws (tows' i Y • above rre 4$I4 and corr of and cohve- itis (slaWe � 40`.anndd assessments'to Pay annual is ex - ..the l rote-. ptmtorsenecinq�of eme ts• for he`.. home- 4Iiettgy - t ;i,lta,:, ' '9i: y are the operties' i the minaanesof saleilkini' enagl D ct - wI ich ice istilci the t previously i, tlie:area: :bysaid; provement,+' T�efte__r: e o'the ;.map as Previ- PProved by ;this ve: ady, py of Peritaint bpated by the �.... ,� the:: • 4 . o'raiiftllietiTZ P n Provby; ,t 1pdIthcCiii§c� tsndd. Miler � u`�ie' YtYCan ; open for public inspection, epofe..• to -Rid : Anil !I$* he<boundaries o intenance• Distr any,Zones therein, a posed assessments asseasaW lots and s Oland wlthin:the tenance District '' '. eETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 7, 2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION TO AUTHORIZE AN AGREEMENT WITH DMG MAXIMUS FOR STATE MANDATED COST CLAIM SERVICES FOR FY 2001-2002. PREPARED BY Marylou Matienzo DEPARTMENT Finance EXPLANATION The California State Constitution provides that Cities may recover costs associated with carrying out programs mandated by the State of California. The City has in the past engaged the professional services of DMG Maximus ("DMG") to assist City staff in the Mandated Cost Claim preparation process which the City has determined to be the most economical and cost effective means to file these claims in a timely manner. DMG is staffed with personnel with related knowledge and experience which has minimized City staff's participation and which facilitated the timely filing of these claims. Total State Mandated Cost Reimbursements received by the City in FY 01 for prior claiming years amounted to $180,000. Environmental Review N/A Fina ci I S at en may) �'ro essiona�I ees charged by DMG to the City will be as follows: Approved By: p �. Finance Directo 1. Annual Claims: Fixed Fee is $4,500.00. 2. Other New Claims: Contingent Fee is 30% of the amount claimed up to a maximum of $3,500.00. Offsetfo Account No. 001-3452 STAFF RECOMMENDATION Approve the Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Agreement. 2. Resolution. Resolution No. 2001-109 A-200 (9:99) RESOLUTION NO. 2001 — 109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DMG-MAXIMUS FOR STATE MANDATED COST CLAIM SERVICES FOR FY 2001-2002 WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover costs associated with carrying out programs mandated by the State of California; and WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying out state mandated programs, and has determined that engaging DMG- Maximus to assist in the preparation process is the most economical and cost effective means for preparing the City's state mandated costs claims; and WHEREAS, DMG-Maximus is staffed with personnel knowledgeable and experienced in determining the costs of governmental programs and in the submission of cost claims to the State of California; and WHEREAS, the City desires to engage DMG-Maximus to assist in developing, submitting, and negotiating cost claims pertaining to state mandated programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City and DMG-Maximus for state mandated cost claim services for FY 2001-2002. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. tiser, III City Attorney PSI G City of National City Annual Claims Annual claims are those claims which are funded in the State Budget and must be filed by the statutory deadline of January 15, 2002. These include actual cost reimbursement claims for fiscal year 2000-2001 and estimated reimbursement claims for the 2001- 2002 fiscal year. The 18 possible claims include the following: > Absentee Ballots — election costs associated with issuing and processing absentee ballots. > Airport Land Use Planning — this requirements of this mandate apply in cases where a city participates in an Airport Land Use Commission. > Brendon McGuire Act — election costs incurred by an agency in the event that an elected candidate dies before taking office. > Domestic Violence Arrest Policies Sr Procedures — reimburses the cost of developing a revised policy, training employees and carrying out additional activities during each respective domestic violence incident. > Firefighters' Cancer Presumption — worker's compensation, benefits, administrative and legal costs in firefighter cancer cases. > Firefighter: SIDS Training — cost of providing mandatory training to fire fighters when responding to the scene of an infant death. > Investment Reports — rendering Quarterly Investment Reports to the local governing body, and preparing the Annual Statement of Investment Policy. > Mandate Reimbursement Process — costs of preparing reimbursement claims, participating in the SB 90 and test claims process: including all DMG-MAXIMUS' fees and local agency staff time. ➢ Misdemeanors: Booking Sr Fingerprinting — time to provide misdemeanant verification that they were booked and fingerprinted. > Open Meetings Act — agenda preparation, editing, review and posting costs required by the Ralph M. Brown Act. > Peace Officers Bill of Rights — includes the costs of personal/labor relations, legal counsel, and law enforcement officers that are involved in POBR matters to the extent that exceed Skulley requirements. > Peace Officers' Cancer Presumption — worker's compensation, benefits, administrative and legal costs in peace officer cancer cases. D. Rape Victim Counseling Center Notices — providing rape victims information regarding counseling and treatment services. ➢ Regional Housing Need Assessment — provides for reimbursement of costs incurred bringing the housing element into compliance with the regional housing need assessment. > Stolen Vehicle Notification — notifying vehicle owners or operators regarding the location of their stolen vehicle. AXIMUS 2 July 5, 2001 D C City of National City ➢ Threats Against Peace Officers - requires local agencies to pay moving expenses if there are credible threats against the safety of either the peace officer or immediate family members. ➢ Two-way Traffic Signal Communication Controller - requires local agencies to purchase traffic signals that comply with new state requirements when replacing two-way traffic signals. ➢ Very High Fire Hazard Zones - the cost of developing an ordinance and procedures to comply with the new State program requiring additional actions by all owners that have property in these extra hazardous fire areas. Other Opportunities — Claims Approved by the Commission on State Mandates The Commission has already determined that a reimbursable state mandated cost exist in this program and Controller's claiming instructions are scheduled for release during this fiscal year. The claim approved by the Commission is: ➢ Domestic Violence Incident Reporting - requires agencies to include in their domestic violence incident report additional information regarding the use of alcohol and controlled substances by the alleged abuser, and any prior domestic violence response to the same address. ➢ Health Benefits for Survivors of Peace Officers and Firefighters - provides for fully paid benefits for the spouse and any dependent children of a peace officer or firefighter that had a job related death. ➢ Law Enforcement: Elder Abuse Training - requires all peace officers at the supervisory level or below that has field or investigative duties to complete training in elder abuse. ➢ Photographic Record of Evidence - requires law enforcement agencies to provide a photographic record of evidence in lieu of actual drugs for court proceedings. ➢ Sexual Harassment Training in the Law Enforcement Workplace - reimburses the trainers and law enforcement officers receiving sexual harassment training. ➢ Stray Animals (Animal Adoption) - requires cities and counties to provide a wide range of new services to stray animals picked up by or delivered to the local government. New Claims Pending Approval By The State In addition to the claims already approved, there are also several other claims that are pending before the Commission, which appear to have excellent chances for approval. In some cases, the only question is the scope of the mandate and not whether a reimbursable mandate exists. The claims in this category include the following: AXIMUS 3 July 5, 2001 City of National City D Iei C > Brown Act Reform - expands the types of meetings that are covered by the Ralph M. Brown Act (Open Meetings Act). > Domestic Violence Arrests and Victim Assistance - expands the group of victims entitled to receive the domestic violence card, requires training to recognize the signs of domestic violence, and adds to policies and standards for officer's responses to domestic calls. > Drunk Driver License Suspension (Admin Per Se) - reimburses peace officers costs for the time spent in the suspension or revoking of driver licenses when a driver is arrested for driving under the influence. ➢ Megan's Law - requires law enforcement agencies to provide a public access system containing video photographs of sex offenders. > Sex Crimes Confidentiality - requires victims of sex crimes to be notified they have the right to keep their name and address confidential, and if requested, the law enforcement agency must do so. > California Firefighter Incident Report System - the initial equipment and training on the computer system should be reimbursable, the state is still contesting the additional time to complete the reports. > Domestic Violence Incident Reporting and Treatment Services - requires law enforcement to prepare an additional report at each domestic violence case. This is an expansion of the claim already found to be a mandate. ➢ Grand Jury Proceedings - reimburses cities for the time to prepare responses to County Grand Jury reports. We anticipate that some of these claims will be processed before the end of the 2001- 2002 fiscal year. Other Benefits and Services Included as part of services provided for the cost proposed, DMG-MAXIMUS provides the most comprehensive services available to any city. These services include: • Compliffteintary NPwJiott,r - Our newsletter helps to keep the City on top of current issues and forthcoming claiming opportunities. • i=uO-time Attorney_o_a_statff- DMG-MAXIMUS has a full-time, senior attorney, Ms. Pamela Stone, available to provide limited consultation with the City if applicable mandate issues should arise. As the mandate process is becomingmore legalistic, DMG-MAXIMUS found it necessary to have a legal advisor on staff to help with current issues or to assist the City if it should be interested in pursuing a new test claim before the Commission on State Mandates. Any actual test claim or incorrect reduction claims preparation will be covered in a separate agreement. AXIMUS 4 July 5, 2001 City of National City • Discount for the Ca(ifnrnia___Citipc ' • 2.SQrvrp — DMG-MAXIMUS offers membership in the California Cities SB 90 Service. This Service, endorsed by the League of California Cities, offers cities a wide range of benefits in the mandated cost area. If the City is interested in the service, all of our clients are eligible to receive the service for a 5o% discount. DMG-MAXIMUS is the clear leader in providing the highest quality and most comprehensive services to cities to assist them in maximizing their claims. COST DMG-MAXIMUS is proposing the same payment process option that you selected last year. There has been a small increase to partially offset our cost -of -living expenses. • Annual Claims: fixed Fee We propose to complete all annual state mandated cost reimbursement claims for the City for a fixed fee of four thousand five hundred dollars ($4,500). This fee will be billed in four equal installments: September zoo►, December 2001, March 2002, and June 2002. • All Other New Claims: Contingent Fee We propose to complete all new or first-time state mandated cost reimbursement claims for the City for a fee equal to 3o% of the amount claimed and paid to a maximum of three thousand five hundred fifty dollars (53,55o). Payment shall be made from monies actually received from the State and is due upon receipt of the invoice. It is the City's responsibility to inform the consultant of payments made for any claims filed by the consultant. If your agency prefers to structure this agreement differently, we are pleased to discuss it with you. DMG-MAXIMUS is very flexible and will gladly tailor a payment approach to meet your City's preferences. Multi -Year Option DMG-MAXIMUS would also like to offer your City the option to obtain a three-year contract. Choosing a multi -year option would not only decrease your agency's annual hassles of the contract approval process, but it would also secure the services of DMG-MAXIMUS at a guaranteed rate. This option is reflected in the enclosed contract. D IVI C AXIMUS 5 July 5, 2001 D 1 G City of National City Contracts Enclosed For your convenience, we have enclosed two copies of an executed contract for claim filing services. If you wish to renew our services, simply sign and return one copy of the executed Agreement to our Sacramento office. To secure a guaranteed rate for the next three years, please check the appropriate box on the contract and also initial it. We are excited about the State mandated claiming opportunities available to your City this year. If you have any questions, please contact Allan Burdick or me at (916) 485- 8102 or Nancy Endres in the Irvine office at (949) 440-0845. Thank you for considering our proposal. We look forward to working with you and your staff again. Sincerely, J. Bradley Burg' Vice President AXIMUS 6 July 5, 2001 Contract Number : O1F-104 Agreement to Provide Mandated Cost. Claiming Services THIS AGREEMENT, entered into this day of , 2001 and effective immediately by and between DMG-MAXIMUS (hereinafter "Consultant") and the City of National City (hereinafter "City"), WHEREAS, Article J1BB of the California State Constitution provides that cities may recover costs associated with carrying out programs mandated by the State of California, WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying out State mandated programs, and has determined that engaging the Consultant to assist in the mandated cost claim preparation process is the most economical and cost effective means for preparing the City's state mandated cost claims; and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in determining the costs of governmental programs and in the submission of cost claims to the State of California, and WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and negotiating cost claims pertaining to state mandated programs. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services The Consultant shall prepare claims for reimbursable state mandated costs as provided herein. A. Annual State Mandated Cost Reimbursement Claims The Consultant shall prepare and file applicable actual annual state mandated cost reimbursement claims for the 2000-2001 fiscal year and estimated claims for the 2001- 2002 fiscal year. The fiscal year 2000-2001 actual claims to be filed are claims that are included in the State Controller's Claiming Instructions that provide for timely filed claims to be submitted by January 15, 2002. B. All Other Claims for Which Claiming Instructions Are Issued in FY 2001- 2002 With the exception of the claims in Scope of Services 1.A. above, the Consultant shall prepare, submit and file on the City's behalf, all other eligible actual and estimated state mandated cost reimbursement claims for which State Controller Claiming Instructions are issued in the 2001-2002 fiscal year. City of National City - 1 - July 5, 2001 Contract Number : 01F-104 2. Consultant Claim Filing Requirements The Consultant shall file these Maims to the extent that appropriate documentation is available and verifiable and that claim amounts exceed $200 per claim. 3. Costs and Method of Compensation A. Scope of Services 1.A. - Annual State Mandated Cost Reimbursement Claims For the services provided pursuant to Scope of Services 1.A., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of four thousand five hundred dollars ($ 4,500). The fee would be due in four equal installments: Twenty-five percent (25%) or $ 1,125 of the fixed fee shall be due on September 1, 2001, December 1, 2001, March 1, 2002, and June 1, 2002. B. Scope of Services 1.B. - All Other New Claims for Which Claiming Instructions are Issued in FY 2001-2002 For the services provided pursuant to Scope of Services 1.B, the City agrees to pay the Consultant a contingent fee of 30% of the amount claimed and paid, to a maximum of three thousand five hundred fifty dollars ($ 3,550). Payment shall be made from monies actually received from the State resulting from the Consultant's efforts. Monies received shall be defined as payments resulting from the Consultant's filing of cost claims in Scope of Services 1.B. In the event that the total amount of claims paid by the State is less than one thousand six hundred sixty-seven dollars ($1,667), the City shall pay the Consultant a fixed fee of five hundred dollars ($500). The fee, which in no case shall exceed the maximum amount, is due within four weeks of City receipt of reimbursement from the State. Three -Year Option The City may elect to secure a three-year contract pursuant to Scope of Services 1.A. and 1.B. at a secured rate as follows with the fees structured as Costs and Method of Compensation 3 above: Annual Claims Other Claims 2001-2002 $ 4,500 $ 3,550 2002-2003 $ 4,750 $ 3,750 2003-2004 $ 5,000 $ 3,950 City of National City -2- July 5, 2001 Contract Number : 01F-104 Please check and initial here your choice for a three-year contract: ❑ Yes for three-year option (initials) gNo for three-year option (initials) 4. Services and Materials to be Furnished by the City The Consultant shall provide guidance to the City in determining the data required for claims submission. The Consultant shall assume all data so provided to be correct. The City further agrees to provide all specifically requested data, documentation and information to the Consultant in a timely manner. Consultant shall make its best effort to file claims in a timely manner pursuant to Scope of Services. Consultant shall not be liable for claims that cannot be filed as a result of inadequate data or data provided in an untimely manner. For purposes of this Agreement, data that is requested by the Consultant must be provided within three weeks of the request, or three weeks prior to the filing deadline, whichever would come first, to be deemed to have been received in a timely manner. It is the responsibility of the City to provide the Consultant with payment information upon receipt of disbursements from the State for any and all claims filed pursuant to this agreement. 5. 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 Consultant is not an employee of the city and is not entitled to any of the rights, benefits, or privileges of the City's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the Consultant and the Consultant'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 Consultant and its employees. Neither this Agreement nor any interest herein may be assigned by the Consultant without the prior written consent of the City. Nothing herein contained is intended to prevent the Consultant from employing or hiring as many employees as the Consultant may deem necessary for the proper and efficient performance of this Agreement. 6. Third Party Obligations The parties hereby agree that Consultant may assign, convey or transfer its interest, rights, and duties in this Agreement to an affiliated company or its parent company which succeeds to substantially all of the business of the Consultant. City of National City - 3 - July 5, 2001 Contract Number : 01F-104 7. Control Neither the City not its officers, agents or employees shall have any control over the conduct of the Consultant or any of the Consultant's employees except as herein set forth, and the Consultant expressly agrees not to represent that the Consultant or the Consultant's agents, servants, or employees are in any manner agents, servants or employees of the City, it being understood that the Consultant, its agents, servants, and employees are as to the City wholly independent contractors and that the Consultant's obligations to the city are solely such as are prescribed by this Agreement. 8. Consultant Liability if Audited The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City under the claims for whatever reason is the sole responsibility of the City. 9. Indirect Costs The cost claims to be submitted by the Consultant may consist of both direct and indirect costs. The Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State Controller or calculate a higher rate if City records support such a calculation. The Consultant by this Agreement is not required to prepare a central service cost allocation plan or departmental indirect cost rate proposals for the City. 10. Consultant Assistance if Audited If audited, the Consultant shall make workpapers and other records available to the State auditors. If requested by the City, the Consultant shall provide assistance to the City in defending claims at the desk audit level if an audit results in a disallowance of at least twenty percent (20%) or seven hundred fifty dollars ($750), whichever is greater. Reductions of less than twenty percent (20%) or seven hundred fifty dollars ($750) shall not be contested by the Consultant. Nothing in this section or any part of this Agreement shall be construed to include Incorrect Reduction Claims preparation. 11. Hold Harmless The Consultant agrees to indemnify, defend, and hold harmless the City of National City, its officials, 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, of or by anyone whomsoever, in any way resulting from or arising out of the Consultant's negligence, recklessness or intentional misconduct in its performance of this Agreement. City of National City -4- July 5, 2001 Contract Number : O1F-104 12. Workers' Compensation The Consultant 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 officials, 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 officials, employees, or volunteers, for or on account of any liability under any of said acts which are brought by Consultant's officers or employees by reason of any work to be performed by the Consultant under this Agreement. 13. Insurance The Consultant, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Professional liability insurance with minimum limits of $1,000,000 on a claims made basis. b. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $500,000 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, except professional liability and workers' compensation, shall constitute primary insurance as to the City, its officials, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. All 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 workers' compensation policies, shall name the city and its officials, agents and employees as additional insureds. g. 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 Consultant 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. h. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the Consultant shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. City of National City - 5 - July 5, 2001 Contract Number : 01F-104 14. Changes The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendment to this agreement. 15. Term of Agreement This Agreement is valid between the date of execution by the City and June 30, 2001 provided, however, Consultant shall not be liable for delays in performance caused in whole or in part by the City or forces de majeur. 16. Termination of Agreement If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner its obligation under this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 17. City Contact Person The City designates the following individual as contact person for this contract: Name: Telephone: Title: Fax: Address: OFFER IS MADE BY CONSULTANT OFFER IS ACCEPTED BY CITY Date: July 5. 2001 By: City Official Date: City of National City -6- July 5, 2001 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE AUGUST 7, 2001 AGENDA ITEM NO. 3 (-ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER ONE FOR THEE NATIONAL CITY PARKING LOT RESURFACING PROJECT, SPECIFICATION NO. 00-16 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION Change Order No. One was written to increase the quantity of work and decrease the unit cost for bid item number 4 "Full Depth Reconstruction". Line Item No. 4 has been adjusted to reflect the actual square footage of reconstruction needed for this project. This change increases the quantity of work from 5,100 square feet of reconstruction to 10,540 square feet due to the condition of the pavement subgrade discovered after the work began. The City and the Contractor have agreed on the adjusted unit price of $4.00 per square foot (down $0.50 per square foot from the original bid amount of $4.50) for line item 4 per section 3-2.2.3 of the Standard Specifications for Public Works Construction, 1997 Edition. Change Order No. 1 increases the contract amount by $19,210.00 from the original contract price of $105,814.10 to a new contract price of $125,024.10. The contract time is increased by 4 days due to the additional quantity of work on Change Order No. 1. The contract completion date was previously established as Tuesday, August 14, 2001. The new contract completion date is therefore established as Monday, August 20, 2001. Environmental Review X NM Financial Statement The adjusted construction cost is $125,024.10. This amount is within the estimated budget for this project of $130,000.00. Funding is available through Account No. 301-409- 500-598-4017. STAFF RECOMMENDATION Adopt the Resolution. sx4K._ki BOARD / COMMISSION RECOMMENDATION N/A Accoun ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order No. 1 Resolution No. 2001-110 A-200 (9/80) RESOLUTION NO. 2001 — 110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE FOR THE NATIONAL CITY PARKING LOT RESURFACING PROJECT (Engineering Spec. No. 00-16) WHEREAS, on May 8, 2001, the City Council passed a resolution No. 2001- 65, approving a contract between the City and Nickell Engineering for the City of National City Parking Lot Resurfacing Project, Specification No. 00-16; and WHEREAS, Change Order No. One has been purposed to increase the quantity of work and decrease the unit cost for the National City Parking Lot Resurfacing Project; and WHEREAS, Due to the condition of the pavement subgrade the quantity of work has increased from 5,100 square feet to 10,540, the unit cost has decreased from $4.50 to $4.00; and WHEREAS, Change Order No. One would increase the contract amount from $105,814.10 to $125,024.10, a difference of $19,210.00. NOW, TI[EREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to approve Change Order No. 1 for the National City Parking Lot Resurfacing Project, Engineering Spec. No. 00-16 PASSED and ADOPTED this 7th day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. riser, III City Attorney CONTRACT CHANGE ORDER NO. 1 DATE: 6/19/01 PROJECT: National City Parking Lot Resurfacing Project, Specification No. 00-16 TO: Mr. Gayle Nickell Nickell Engineering 2514 Saddlehorn Drive Chula Vista, CA 91914 RIGI AL DESCRIPTION OF CHANGE: This change order is written to increase the quantity of work and decrease the unit cost for bid item number 4 (shown below) "Full Depth Reconstruction." No. Item Unit Original Bid Qty Original Unit Price Original Contract Amount Adjusted Quantity Adjusted Unit Price Adjusted Contract Amount 4 Full Depth Reconstruction SF 5100 $4.50 $22,950.00 10,540 $4.00 $42,160.00 Base Bid Total $105,814.10 $125,024.10 DISCUSSION: Line Item No. 4 has been adjusted to reflect the actual square footage of reconstruction needed for this project. This change increases the quantity of work in excess of 25% for this line item. The City and the Contractor have therefore agreed on the adjusted unit price of $4.00 per square foot for line item number 4 (per section 3-2.2.3 of the Standard Specifications for Public Works Construction, 1997 Edition). CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $19,210.00 from the current contract price of $105,814.10 to a new contract price of $125,024.10. 2. The contract time is increased by 4 days due to the additional quantity of work. The contract completion date was previously established as Tuesday, August 14, 2001. The new contract completion date is therefore established as Monday, August 20, 2001. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing Page 1 of 2 CONTRACT CHANGE ORDER NO. 1 the work described above. Nickell Engineering will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: MichaeejJ. Long APPROVED BY: �O 9/0/ ngineer Dat City of National City Resolution Number z- f 0^^ R4'114 46111'1'4 Date Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE August 7, 2001 4 AGENDA ITEM NO. ITEMTITLE Resolution accepting the lowest responsive, responsible bid from Altec Industries, Inc. and authorizing purchase of one aerial tree trimming truck with chipper. PREPARED BY DEPARTMENT Brenda E. Hodges/ j4 .. Purchasing EXPLANATION See attached. C. Environmental Review N/A 'Fine cial Statement Approved By: $110,000.00 was budgeted and approved by Council as part of the Vehicle C.I.P. program for FY 0102. >STAFF RECOMMENDATION In concurrence with the Equipment Maintenance Supervisor, the Purchasin Agent recommends that the award be made to Altec Industries, Inc., and that authority be given to Purchasing Agent to issue resulting purchase order. Finance Directo 643-422-224-511 Account No. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) Resolution No. 2001-111 1. Explanation 2. Altec Memo 6/25/01 3. City of Glendale Record of Bid Opening 4. City of Glendale Purchase 0 der 5. Resolution A-200 (9 99) Explanation: As allowed by Purchasing Ordinance #1480, Section 16, this award will be made as a result of competitive bids solicited by the City of Glendale, where Altec Industries, Inc., was determined to be the lowest responsive, responsible bidder, and was awarded their bid for one Altec #LRV-58 aerial tree trimming truck with chipper. Altec Industries, Inc. is pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. The City of Glendale bid fully complies with Section 11 of Ordinance #1480. The Glendale award was made for a 2000 year model at $103,382.00 (plus tax). One advantage to the City of National City, is that since the 2000 model is not longer available, the vendor has agreed to provide us with a 2001 model for the same price. The 2001 model comes with features that were not available on the 2000 model (cab light, lifted bed, mini edge lightbar under cab guard, and a chain saw scabbard) for no additional cost. Rather than send the current 1990 model Altec #LR50 aerial truck to auction, it is felt that a better value can be obtained by using it as a trade-in against the new unit, as allowed by Municipal Code Chapter 2.40, section 2.42.020. The vendor is able to target the sale of the old unit to specific and appropriate equipment markets, and we save the percentage that would be retained by the auctioneer. The vendor has offered a trade-in value of $18,189.00. Final cost of purchase, less the trade-in is $92,946.65 (including tax and delivery). 6/25/01 To: National City 2100 Hoover Ave. National City, CA 91950 From: Altec Industries, Inc. 325 Industrial Blvd. Dixon, CA 95620 Ref: A) Purchase of one Altec LRV-58 aerial with chip dump and 2001 chassis B) Trade -In credit for existing LR50 boom on 1990 chassis / City #: 188 C) Paperwork to "piggy -back" public bid of the City of Glendale for one LRV-58 aerial with chip dump and 2000 chassis. Altec Industries, Inc. offers to lock the same price and specifications given to the City of Glendale bid for one Altec LRV-58 aerial and chassis to National City. 1) Winning bid price for the City of Glendale bid: $103,382.00 (72-16264) 2) Trade In Credit for existing LR50 1990 unit: $18.189.00 (#188) 3) Total price after trade in credit: $85,193.00 + TA X Public Bid / Municipal City of Glendale, California 141 N. Glendale Avenue Room 346 Glendale, CA 91206-4499 Phone: (818) 548-2102 Fax: (818) 956-3286 RFQ #: 4000000132 Date: 11/01/99 Buyer: Gary Yakel Closing Date: 12/28/99 14:00 Purchase Order #: 6000003523 Date: 05/01/00 Buyer: Gary Yakel P.O. Amount: $103,382.00 plus tax Note: Unit 72-16264 is available for delivery z. . RESOLUTION NO. 2001 - 111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE BID FROM ALTEC INDUSTRIES, INC. AND AUTHORIZING THE PURCHASE OF ONE AERIAL TREE TRIMMING TRUCK WITH CHIPPER WHEREAS, the City of Glendale has issued an award based on competitive purchase of one aerial tree trimming truck with chipper; and WHEREAS, one aerial tree trimmer with chipper was budgeted in National City's Vehicle Capital Improvement Plan program for this fiscal year; and WHEREAS, the Purchasing Agent has determined that the bidding procedures followed by the City of Glendale fulfill the competitive bidding requirements of Chapter 2.60 of the National City Municipal Code, and that it would be beneficial to take advantage of the City of Glendale's bidding process for the purchase of this vehicle; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a purchase brder between Altec Industries, Inc., and the City of National City for the purchase of one aerial tree trimming truck with chipper. PASSED and ADOPTED this 7t day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 27 To: Fro! Sub We! 413: erp! Alter nee' sa w.RFQ 140000001)2 tents Dew 12/28/99 CAa A CHASSIS H/CDIPPER DUMP BODY AIID ABRTAL 06VIC$ PW/Maint. Services/Forestry CITY OF GLENDALE A °�� ie Non' dant .:;t/,.fi/ „ 9% SECOPD Of !ID OPENINOS NIT Cagy To VENDOR ITfo ITtN Mil Le if , 11te 11LII Mai Mtn att. MtN IIN1 Mit life ITtN ITI. III weft. Mar,S. Exclitaus JJJ.fee "- %Sf20,- : i/lir/o.o /__e BOERNER TRUCK /'49. — .?r23 CALIFORNIA UTILITY EQUIPMENT !-e ...y; GEORGE ETHER /1'1�R� FOOTHILL TRUCK /D.p jf • . HORI ION HI GU— a �11J PACIi'IC UT3 LITY EQUIPMENT CO. �,t-� Agfit ":.2P= //Jyd3.39 PPESSLEY PETSEPII(' 4.K RAL H TRUCK MYDRl1ULIC EQUIPMENT CO. ile9.4`` s!6 MM A-Gceq _ S43.4/0c/04 /T.. vo y e -- .e r ° t1 i bootee. of hlthfo. t.a em.ad uim, 0-)7 (Awry 1/77) Approved IV City 'ROW/ Purchase Order City of Glendale, Califfi&uia Purchasing Dcpai mcnt 141 N. Glendale Ave u Room 346 Glendale. CA 912O6-4499 Phone: 818/548-2102 FAX: 818/956-3286 Tu Exempt! 74 te-.kW Item ]-1 6i8-519-5912 Vendor: 126944 Cum ALEX SENF ALTEC.LNDUSTAIES INC 325 INDUSTRIAL WAY DIXON. CA'95620-9790 Tax Exempt ID Pax: 707-678-0800 beettiplilt!'- CAR a C4RSSIS STIR SS FT. L?t'7' IQ 10 'f VEO MAY Q 2UUU Punhapt Order ir' Hair 6444405?3 u37ay#aD PaydfrOLiitm5 Frd i TetM Net SC Dentine on 1 SwotYakei11:y Rrlucsluilaiho Nt s Ship To: Maintenance Servicce 541 W. Chevy OMR 171rvt C ietrdnlc, CA 91204-1813 irii3544.3950 NI To Accounts Payable 14114. Glendale Ave Room 346 Glendale., CA 912064998 Rrvls&B Page l Ship Via G�'St3T: clactri y UO?f PO Price Fdeualded Ann D;ie Date .:44 RA 34j.382.04 103,362.4D 41;/20/8.1 Taal CedeteLV 8,529.oz Schedule total 131.y11.42 2044 F_eiahcliaer F1.74 cab _nd :nasals, diesel etglaae., automatic =anemiaaiot, with a Altt:c Lan/ oath butt:et 56 feet end mounted and chipper dump body. in accordance with your attached epeca iaat.ion< a--Se/a-456 Stem -Total LAB 6 CaASS S F77 iA ACGOFtANCE W Ttt CMf OF Q3A MALE R^eQUER FOR QUOTATION 4 444444O13$. Total FO Amount Veadar to lacltulc wait prise, appllc a taxes and phi/Ting thanes on invoice/packing slips for each shipment. The pooled xrns and eondldens appearing on the face and eccotlyuoytdg dals pttichase order constkute a part of ads tattler. 1.1.1.+:1.n2 1 it., 911.0$ L City of National City, California COUNCIL AGENDA STATEMENT :ETING DATE AUGUST 7, 2001 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A� CONTRACT TO MJC CONSTRUCTION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPEC. NO. 00-9 PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Public Works/Engineering SEE ATTACHMENT Environmental Review - A Financial Statement The total estimated project cost to do the Base Bid and Additive Bid work will be $360,000. Funding is available through Account No. 301-509-500-598-6133, 109-409-500- 598- 6134, 109-509-500-598-6134, 301-409-500-598-6134, 109-409-500-598-6137, 109-509-500- 598-6137, 301-509-500-598-598-6137, and 301-509-500-598-6139c N� - STAFF RECOMMENDATION Adopt the Resolution. 5,11 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Sheet 3. Bid Result Spreedsheet for the three lowest bidders Resolution No. 2001-112 A-200 (9/80) RESOLUTION NO. 2001 - 112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS. (SPEC. NO. 00-9) WHEREAS, the Engineering Department of the City of National City did, in open session on July 25, 2001, publicly open, examine and declare all sealed bids for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 00-9; and WHEREAS, Staff has reviewed the bid documents and found the lowest responsive bidder, MJC Construction, qualified to perform the Base Bid and Additive Bid work for the total cost of $288,928.00. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards and authorizes the Mayor to execute a contract for Program Specification No. 00-9 to MJC Construction for the miscellaneous concrete improvements at various locations in the City of National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2001 George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ,E: RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION FOR THE MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS, SPECIFICATION NO. 00-9 On July 25, 2001, six bids were received and opened for the Miscellaneous Concrete Improvements at Various Locations, Specification No. 00-9. The project includes a Base Bid. The Base Bid involves the removal and replacement of the existing curb and gutter (1,311-LF), sidewalk (12,245-SF), and installation of new concrete sidewalk (3,415-SF), driveway (1,492-SF) and pedestrian ramp (143-EA), including minor pavement work, at various locations in National City. The total Base Bid amount was $264,535. The project also includes an Additive Bid. The Additive Bid consists of the removal and replacement of existing curb and gutter (15-LF), sidewalk (115-SF), driveway (750-SF) and installation of new concrete sidewalk (3,115-SF) improvements, including minor pavement reconstruction along the gutters. The total Additive Bid amount was $24,393. The contract documents specify that the work is to be awarded to the lowest responsive bidder based on the Base Bid work. Due to the proposed low Base Bid amount and availability of funds, Staff recommends that the Additive Bid be incorporated into the project. Staff has reviewed the bid documents and found the lowest responsive bidder, MJC Construction, qualified to perform the Base Bid and Additive Bid work for the total cost of $288,928. The Bid Opening sheet is attached for further review. The total cost for the Base Bid and Additive Bid work is estimated at $360,000. This amount includes he total proposed lowest Base Bid and Additive Bid amount ($288,928) plus 25% ($72,000) for contingencies (inspection, material testing, construction staking, and resetting disturbed property corners and benchmarks). BID OPENING SPECIFICATION NUMBER: 00-9 PROJECT TITLE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 2000-2001 OPENING DATE: WEDNESDAY, JULY 25, 2001 TIME: 3:00 P.M. ESTIMATE: $320,000.00 BASE BID $25,000.00 ADDITIVE BID ,.r,�tn�.m n�TnrrrL ten. T' TXT T' Ai�TFCTT�AR L £tSSt ..ail NO. iJivai ,a�aia�. yam_. BIDDER'S NAME (PAGE 13 OR 14) . BID AMOUNT (PAGE 15) ADDITIVE BID (PAGE 15a) TOTAL BID AMOUNT 1. MJC Construction 1234 Nolan Avenue Chula Vista, CA 91911 $264,535.00 $24,393.00 $288,928.00 2. Ron Locke Construction 4039 Paula Street La Mesa, CA 91941 $278,640.00 $20,265.50 $298,905.50 3. The WR Chavez 12125 Kear Place, Ste. A Poway, CA 92064 $292,840.20 $21,433.50 $314,273.70 4. J.M. Scibilan , Inc. P.O. Box 300855 Escondido, CA 92082 $359,104.08 $29,420.45 $388,524.53 5. Kirk Paving, Inc. 7590 El Cajon Blvd. Ste. B La Mesa, CA 92064 $389,232.00 $36,275.00 $425,507.00 6. Scheidel Contracting P.O. Box 1796 La Mesa, CA 91944 $398,281.50 $41,989.00 $440,270.50 BID 00-9d BID CHECK LIST SPECIFICATION NO. 00-9 MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS DATE: WEDNESDAY, JULY 25, 2001 TIME: 3:00 P.M. BASE BID NAME OF BIDDER MJC CONSTRUCTION RON LOCKE CONST. THE W R CHAVEZ COMPANY NO. ITEM QUANTITY UNIT JINIT AMOUNT UNIT AMOUNT UNIT AMOUNT ® PRICE ,.. PRICE PRICE 1 CLEARING AND GRUBBING 1 LS $15,000.00 $15,000.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 2 CONCRETE SIDEWALK REMOVAL AND REPLACEMENT PER G-7 12245 SF $ 4.35 $53,265.75 $ 5.50 $ 67,347.50 $ 5.70 $ 69,796.50 3 INSTALLATION OF PEDESTRIAN 62 EA $ 820.00 $50,840.00 $ 950.00 $ 58,900.00 $ 900.00 $ 55,800.00 PER G-28, TYPE A-1 OR MODIFIED I 4 INSTALLATION OF PEDESTRIAN RAMP PER G-29 OR MODIFIED 30 EA $ 850.00 $25,500.00 $1,000.00 $ 30,000.00 $ 1,020.00 $ 30,600.00 I 5 INSTALLATION OF PEDESTRIAN RAMP PER G-31 OR MODIFIED (WITH CURB OR GRAVITY WALL ON PL) 51 EA $ 700.00 $35,700.00 $1,000.00 $ 51,000.00 $ 840.00 $ 42,840.00 6 6" OR 8" TYPE "G" CURB AND GUTTER REMOVAL AND REPLACEMENT PER G-2 1311 LF $ 22.00 $28,842.00 $ 18.00 $ 23,598.00 $ 22.20 $ 29,104.20 7 VARIABLE THICKNESS A.C. 129 TN $ 100.00 $12,900.00 $ 50.00 $ 6,450.00 $ 120.00 $ 15,480.00 8 TRAFFIC CONTROL 1 LS $ 3,000.00 $3,000.00 $1,000.00 $ 1,000.00 $ 12,000.00 $ 12,000.00 9 INSTALLATION OF NEW SIDEWALK PER G-7 3415 SF $ 4.35 - $14 855.25 $ 4.50 $ 15 367.50 $ 4.50 $ 15,367.50 I - 10 CRUSHED MISC. BASE 35 TN $ 50.00 $1,750.00 _$ $ 25.00 $ 875.00 _ $ 30.00 $ 1,050.00 11 UNCLASSIFIED EXCAVATION AND FILL I 10 CY $ 50.00 $500.00 $ 25.00 $ 250.00 $ 120.00 $ 1,200.00 PAGE 1 OF 3 BASE BID (CONT.) MJC CONSTRUCTION RON LOCKE CONST, THE W.R. CHAVEZ COMPANY NAME OF BIDDER QUANTITY UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT NO. ITEM PRICE PRICE PRICE INSTALLATION OF CONCRETE 12 PER G-14A/B 1492 SF $ 8.50 $ 12,682.00 $ 6.00 $ 8,952.00 $ 4.50 $ 6,714.00 D DRIVEWAY I INSTALLATION OF NEW CURB 13 & OF SIDEWALK 14 INSTALLATION DRAIN PER D-27 1 EA $ 300.00 $ 300.00 $ 500.00 $ 500.00 $ 300.00 $ 300.00 U UNDER TOTAL (BASE BID) $264,535.00 $ 278,640.00 $ 292,840.20 ADDITIVE BID MJC CONSTRUCTION RON LOCKE CONST. THE W.R. CHAVEZ COMPANY NAME OF BIDDER QUANTITY UNIT UNIT AMOUNT UNIT . AMOUNT UNIT AMOUNT NO. ITEM PRICE PRISE_ PRICE GRUBBING 1 LS $ 2,000.00 $ 2,000.00 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 1 CLEARING AND SIDEWALK 2 CONCRETE AND REPLACEMENT 883.50 R REMOVAL 155 SF $ 4.35 $ 674.25 $ 5.50 $ 852.50 $ 5.70 $ P PER G-7 OF PEDESTRIAN 3 INSTALLATION G-28, TYPE A-1 OR R RAMP PER NONE M MODIFIED OF PEDESTRIAN 4 INSTALLATION G-29 OR MODIFIED NONE R RAMP PER OF PEDESTRIAN 5 INSTALLATION OR MODIFIED R RAMP PER G-31 GRAVITY WALL ( (WITH CURB OR NONE - O ON PL) - PAGE 2 OF 3 ADDITIVE BID (CONT.) NAME OF BIDDER MJC CONSTRUCTION RON LOCKE CONST THE W.R. CHAVEZ COMPANY NO. ITEM QUANTITY UNIT UNIT UNIT AMOUNT UNIT AMOUNT PRICE AMOUNT PRICF PRICE 6 6" OR 8" TYPE "G" CURB AND GUTTER REMOVAL AND REPLACEMENT PER G-2 15 LF $ 23.00 $ 345.00 $ 18.00 $ 270.00 $ 22.20 $ 333.00 7 VARIABLE THICKNESS A.C. 1 TN $ 500.00 $ 500.00 $ 50.00 ' $ 50.00 $ 120.00 $ 120.00 8 TRAFFIC CONTROL 1 LS $ 300.00 $ 300.00 $ 200.00 $ 200.00 $ 1,200.00 $ 1,200.00 9 INSTALLATION OF NEW SIDEWALK PER G-7 3115 SF $ 4.35 $ 13,550.25 $ 4.50 $ 14,017.50 $ 4.50 $ 14,017.50 10 CRUSHED MISC. BASE NONE 11 UNCLASSIFIED EXCAVATION AND FILL 1 CY $ 300.00 $ 300.00 $ 25.00 $ 25.00 $ 120.00 $ 120.00 12 INSTALLATION OF CONCRETE DRIVEWAY PER G-14A/B 791 SF $ 8.50 $ 6,723.50 $ 5.50 $ 4,350.50 _ $ 4.50 $ 3,559.50 I 13 INSTALLATION OF NEW CURB AND GUTTER NONE I 14 INSTALLATION OF CURB OUTLET PER D-27 NONE _ TOTAL ADDITIVE BID: $ 24,393.00 $ 20,265.50 _ $ 21,433.50 TOTAL BASE BID: $264,535.00 278,640.00 $ 292,840.20 TOTAL ADDITIVE BID: $ 24,393.00 $ 20,265.50 $ 21,433.50 GRAND TOTAL: $288,928.00 $ 298,905.50 $ 314,273.70 PAGE 3 OF 3 City of National City COUNCIL AGENDA STATEMENT .MEETING DATE: August 7, 2001 AGENDA ITEM NO. 6 ITEM TITLE: RESOLUTION ACCEPTING A DRAINAGE EASEMENT LOCATED AT THE SOUTHWEST CORNER OF ROOSEVELT AVENUE AND 7TH STREET FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY PREPARED BY: Paul Desrochers,DEPARTMENT Community Development Commission Executive Director EXPLANATION: In connection with the development of a Arco / AMPM / Jack -in -the -Box at the northwest corner of 8th Street and Roosevelt Avenue by the Hennessey Group and the CDC, it is necessary for the City to accept the responsibility to maintain the drainage facility at the southwest corner of Roosevelt Avenue and 7th Street. The drainage facility was constructed during the re -construction of Roose- velt Avenue approximately two years ago by the Engineering Department. It is located in the porflgn of 7th Street, west of Roosevelt Avenue, that was vacated earlier this year. Relocation of the drai was considered to accommodate Mr. Hennessey's project, however, it was determined that it would be more cost-effective to leave it in place. The drainage facility's main purpose is to provide for proper drainage of water run-off from the Roosevelt Avenue/7th Street area to direct said run-off un- der the Interstate 5 Freeway. Environmental Review Financial Statement Not Applicable N/A s STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION Not Applicable ATTACHMENTS (Listed Below) 1. Drainage Easement 2. Resolution Resolution No. 2001-113 RESOLUTION NO. 2001- 113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A DRAINAGE EASEMENT LOCATED AT THE SOUTHWEST CORNER OF ROOSEVELT AVENUE AND 7TH STREET FROM THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, AND AUTHORIZING THE CITY CLERK TO EXECUTE A CERTIFICATION OF ACCEPTANCE AND TO RECORD SAID DRAINAGE EASEMENT WHEREAS, the City had installed a drainage facility in the now vacated portion of 7th Street, west of Roosevelt Avenue, as part of an overall street improvement project for Roosevelt Avenue; and WHEREAS, the CDC vacated this westerly portion of 7th Street as part of a new parcel map recorded to accommodate a new gasoline station, mini -mart, fast food restaurant development initiated and sponsored by the CDC; and WHEREAS, an easement to said drainage facility, now located on CDC -owned property, is required for routine access and maintenance by the City; and WHEREAS, the CDC is willing to grant said easement and the City is willing to accept the responsibility to maintain said easement. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the drainage easement located at the southwest corner of Roosevelt Avenue and 7th Street. BE IT FURTHER REVISED, that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instrument conveying an interest in real estate to the City of National City: Drainage Easement dated July 26, 2001 from George H. Waters, Chairman of Community Development Commission of the City Of National City. PASSED and ADOPTED this 7th day of August 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney RECORDING REQUESTED BY WHEN RECORDED MAIL. THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAlL TAX STATEMENTS TO: Community Development Commission of National City 140 e. 12th Street, Suite B National City CA 91950 SPACE ABOVE THIS LINE FOR RECORDERS USE . ; _ DRAINAGE EASEMENT A.P.N. The undersigned grantors) declare(S) Documentary transfer tax is S t23 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unin WNurated area: (><) City of National City FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Community Development Commission of National City hereby GRANT(S) to City of National City the attached storm drain easement in the City of National City ,County of San Diego and more particularly described in Exhibit/Attachment "A". Dated �N 024 c200 / State of CaIiCQ�a County of JA' / ) Q ) S.S. p %% before me idl/Mit / • //Hit s r beige d= Ic�ieis /Nvkydr o p /1 /aha personally known to me (or proved to me on the basis of satisfactory evi- dence) to be the person whose namekVa knwsubscribed to the within instrument and acknowledged to me that® / it (.. ttiey executed the same in j / het�tla is authorized capacity(n , and that by) /'tom tlfor signatures(4}on the instrument the personor the entity upon be- hatkof which the personiu-acted, executed the instrument. h .FSS my hand and official sear �'� yam/ Signature of Grantor C NORMA P. URIAS ) COMM.# 1283361 Z J NOTARY PUBIC-CALIFORNIA SAN DIEGO COUNTY • MY COMMISSION EXPIRES DEC 6. 2004 (This area for official notarial seal) MAIL TAX STATEMENTS ID, Form 3195-4 (Rev. 5-94) This Document provided by Commonwealth Land Title Insurance Company EXHIBIT "A" STORM DRAIN EASEMENT: A portion of Parcel 1 of Parcel Map 18733, filed in the Office of the County Recorder of San Diego County, June 21, 2001, in the City of National City, the County of San Diego, State of California, lying within a 10.00 foot wide strip of land, the centerline thereof described as follows: COMMENCING at the most Northerly corner of said Parcel 1, THENCE along the Northeasterly line of said Parcel 1, South 17°45'15" East, 18.00 feet to the TRUE POINT OF BEGINNING; THENCE leaving said Northeasterly line, South 72°14'25" West, 14.00 feet; THENCE North 57°45'15" West, 23.50 feet to the Northerly line of said Parcel 1. The sidelines of said 10.00 foot wide strip shall be lengthened or shortened so as to terminate in the Northerly and Northeasterly lines of said Parcel 1. Louie K Cyr, P.L.S. 929 Date: Expiration: 9-30-2001 Page 1 of 1 347Ig001 wpd EXHIBIT "A" BLOCK 58 q OF 10' WIDE STORM DRAIN EASEMENT ,..kirl I i I I 0 N72*14'25tE C3 C4 \it° C2 P.0 C T PAGE 1 OF 1 SEVENTH B. STREET P.O.B. 80' 0 40' PARCEL I PM I8733 In }Z W In O O Q DATA TABLE NO. BRNG/DELTA RADIUS LENGTH Cl N17'45'15"W C2 N72'14'25"E C3 N57`45'15"W C4 N72'14'25"E 40 0 18.00' 14.00' 23.50' 29.10' 40 GRAPHIC SCALE 40' 80 120 PLANNING ■ DESIGN ■ CONSTRUCTION ... 9755 CLA REMONT' )ESA BOULEVARD. SURE 100 SAN DEGO. CALIFORNIA 92124-1324 CONSULTING 858.6145000 • FAX 858.6145001 • wwwABF.com JDt 25-100347 DWG: 347EX001.DWG PLOT: 06/18/01 STORM DRAIN EASEMENT City of National City, California COUNCIL AGENDA STATEMENT EETING DATE AUGUST 7, 2001 7 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH ONE" HANDICAP PARKING ZONE AT 126 W. 14TH STREET (K. McGOWAN, TSC ITEM NO. 2001-22) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Ms. Kathy McGowan, of 126 W. 14th Street, has requested the installation of a blue curb handicap parking space in front of her home. According to Ms. McGowan, the businesses in the area are taking all of the parking spaces. The rear unit has a garage but it is being used by another handicap person who lives there. Staff has verified the above. The request meets all the City Council adopted handicap parking policy requirements. The Traffic Safety Committee on July 11, 2001, has approved one handicap parking space for Ms. Kathy McGowan in front of her house at 126 W. 14th Street. Environmental Review N/A Financial Statement N/A Account No. "STAFF RECOMMENDATION 5.-01 Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of July 11, 2001 approved one handicap parking at \126 W. 14th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-114 21101-22 A-200 (9/80) RESOLUTION NO. 2001 - 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A DISABLED PERSON'S PARKING ZONE AT 126 W. 14th Street (Ms. Kathy McGowan, TSC Item No. 2001-22) WHEREAS, Ms. Kathy McGowan has requested the installation of a blue curb handicap parking space in front of her residence, at 126 W. 14th Street; and WHEREAS, at its regular meeting on July 11, 2001, the Traffic Safety Committee recommended approval the installation of a blue curb handicap parking space for Ms. Kathy McGowan, in front of her home located at 126 W. 14th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the City Engineer the install a disabled person's parking space for Ms. Kathy McGowan in front of her home located at 126 W. 14th Street. PASSED and ADOPTED this 7th clay of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: L. JO George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2001 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A HANDICAP PARKING SPACE IN FRONT OF 126 W. 14TH STREET (BY: K. MCGOWAN) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Kathy McGowan, of 126 W. 14th Street, has requested the installation of a handicap parking space in front of her home. According to Ms. McGowan, the businesses in the area are taking all of the parking spaces. The rear unit has a garage but it is being used by another handicap person who lives there. Staff has verified the above. City Council has adopted a policy which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. Staff has investigated the site and found no off-street parking space available on the property for this residential unit. This condition is met. The Policy conditions are met. STAFF RECOMMENDATION: Staff recommends the approval of the request since it does meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 2001-22 p AMTroAJA-C- t•-TY 1-7 ftm fit gegtPevuT F-111/717-77544.)74-- g (Ter': ivD ,i Lev 6" ( o z ,r4 ieS (..- c _T- ce) A ter (1 ti/x}f --1116.fr- .T_ 47 / ,) VG" 0--,c)/14 7P70,- V IT P-diTiVzg'-.5 I 0 Teetc FACTeg- I S te7 RP44 ie 3 af /UP 41-e-e7TP DiPrt-t_r Y5-e-oe. o F-kco nri 7-66 T,7EYTF; ii}/-6-05-S if-4& "Th 7-6(6 it/61/ C 6- 5 / z3 p-Aktf)t.}r?, 6- 5 Alf-74 A-9 r <T) /14 Afo7- 0.4invou? Me7/1/7-61'47 II" ern/ cyt5,47e.s-- o_.v4 ru6 Do L A., 71749 Ta 9A-i-D Tie-kg7-7-RTiU2 Htt-ct Tfl1 "yob / rif CR__ 6 erc--KLj la‘ Pt 91,1_Pr- /'7-c) (z/ Ta5- TR e9-tti2 736 • / •Li 0 OAT' ©r eeR Ptc.ce. ID•uctsw- 4c eve? we .(fe 74? T e,01404,44._iu ,0uP ,27 Pfri tt.5 6-euti-S" -I- 1)- HA Ai be ;111pio spy4i5 op ge5 '66- OA 141 iZiAf -1-7) 1)44(1 0-A-6 1 Ai oty 1-PoitiT 0E- Wents.60, itu ro 10=-1),9 t Uop. pr-A) ro 841e06 o i.. 5140 G.D -613'L. 1-0 f7ley-EF- 1 ft' i----goruy cF re) "rf ez) A./ 1-4.0,./ Crs be IP eff.21-rv?( ep der ?get 1-1-r`r. 1 lu V 4eo oF Ta Ct 7914_ tS-Ma(-61) tei-rn qu.6 AT /9 1-1C4ff.60 ETA e- 5" '7-A4 P LA-7a kvcc TYPE: N1 TV:92 DOB: 12/19/1948 ISSUED TO MCGOWAN KATHY 126 W 14TH ST NATIONAL CITY CA 91950 Purchase of fuel (Business & Professions Code 13660): * State law requires service stations to refuel a disabled persons vehicle at self-service rates except self-service facilities with only one cashier. DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: H286982 EXPIRES: 06/30/2003 DATE ISSUED: .04/19/2001 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: CO: 37 * Disabled person parking spaces (blue zones) * Metered zones without paying. * Green zones without restrictions to time limits. * Streets where preferential parking privileges are given to residents and merchants. You may not park in or on: * Red, Yellow, White or Tow Away Zones. * Crosshatch marked spaces next to disabled person parking spaces. • It is considered misuse to: * Display a placard unless the disabled owner is being transported. * Display a placard which has been cancelled or revoked. * Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 047 DPP000 Rev(3/0 CAE ©et.910 ? � F l e) . / 4. `ram gT �,�, �� . o 8-ce "I_ _ _ !. _7- 0 . i 1 f- F }? T 1 f-C 1 _.._ fcJ©_. rCE.-iv c-rg..... .... ... . itiV J. 5m -17-etiN� City of National City, California COUNCIL AGENDA STATEMENT August 7, 2001 I.tEETING DATE 8 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND EXTENSION OF THE HOURS OF OPERATION OF A MOBILE RECYCLING COLLECTION FACILITY WITH A VARIANCE TO ALLOW REVERSE VENDING MACHINES FURTHER THAN 30 FEET FROM THE MAIN ENTRY TO RALPHS MARKET AT 901 EUCLID AVENUE (APPLICANT: TOMRA PACIFIC INC.) ( 1-CUP-1995-8/Z-2001-7) DEPARTMENT Andrew Hoskinson — Assistant Planner Planning EXPLANATION The Council voted to approve this item at the July 17, 2001 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review Financial Statement N/A X /A Categorical Exemption STAFF RECOMMENDATION OW Adopt the attached resolution. NB/AOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Account No. Resolution No. 2001-115 A-200 (9/80) RESOLUTION NO. 2001 - 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE REMOVAL OF A SCREENING WALL AND THE EXTENSION OF THE HOURS OF OPERATION FOR A MOBILE RECYCLING COLLECTION FACILITY WITH A VARIANCE TO ALLOW REVERSE VENDING MACHINES FARTHER THAN 30 FEET FROM THE MAIN ENTRY TO RALPHS MARKET AT 901 EUCLID AVENUE APPLICANT: TOMRA PACIFIC, INC. CASE FILE NOS. Ml-CUP-1995-8, Z-2001-7 WHEREAS, the City Council of the City of National City considered the proposed modification of a Conditional Use Permit for the removal of a screen wall and the extension of the hours of operation for a mobile recycling collection facility with a Zone Variance to allow reverse vending machines farther than 30 feet from the main entry to Ralphs Market at 901 Euclid Avenue at the regularly scheduled City Council meeting of July 17, 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. M1-CUP-1995-8 and Z-2001-7, 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 July 17, 2001, support the following findings: FINDINGS FOR MODIFICATION OF THE CONDITIONAL USE PERMIT 1. That the modification is necessary to protect the public interest since the revised conditions allow for the existing recycling facilities to be updated and will improve the appearance of the property. 2. That the modification is necessary to permit reasonable operation and use under the Conditional Use Permit, since the modification will allow for existing recycling facilities to be replaced with more contemporary and attractive facilities. Resolution No. 2001 - August 7, 2001 Page Two FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the location of the existing development in the shopping center, which contains the largest supermarket in the area, is such that placement of reverse vending machines within 30 feet of the store's front entryway would impede pedestrian access. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the reverse vending machines are permitted as an incidental use to a commercial use and must comply with approved plans. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since reverse vending machines are allowed in the Limited Commercial zone in conjunction with a permitted commercial use. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. Prior to this Conditional Use Permit Modification and Zone Variance becoming effective, the applicant shall provide evidence of State certification to the Planning Director. 2. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 3. The recycling collection facility shall have an attendant on duty between the hours of 9:30 a.m. to 5:00 p.m. Tuesday through Saturday, and the reverse vending machines may operate daily between the hours of 7:00 a.m. and 11:00 p.m. Any change in the hours of operation shall be subject to approval of the Planning Director. 4. This facility shall only accept paper and glass, aluminum, and plastic containers having California Redemption Value. 5. Loitering at the facility or in it vicinity shall be prohibited. Resolution No. 2001 - August 7, 2001 Page Three 6. If substantiated complaints are received regarding loitering, litter, noise, odors, or trash accumulation at the recycling collection facility or in the vicinity of the site, the Planning Commission may initiate proceedings for the revocation of the Conditional Use Permit. Such revocation shall occur if it is determined that the use is operating contrary to the conditions of approval or is negatively impacting nearby properties. 7. Advertising shall be limited to no greater than the amount specified in Chapter 18.95 of the National City Land Use Code. 8. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Cast- File nos. Ml-CUP-1995-8 and Z-2001-1, dated 4/13/01. 9. Before this Conditional Use Permit Modification and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit Modification and Zone Variance. 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 Modification and Zone Variance 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. 10. The use of the property authorized by these permits shall be limited to a mobile recycling collection facility and reverse vending machines as an incidental use within a shopping center. 11. These permits 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. 12. These permits shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and Resolution No. 2001 - August 7, 2001 Page Four 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 7°i day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE August 07, 2001 9 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #03 C. Palazo DEPARTMENT Finance Ratification of Warrant Register #03 per Government Section Code 37208. ( Environmental Review Financial Statement Not applicable. >STAFF RECOMMENDATION N/A Approved By: Finance Dire Account No. I recommend ratification of these warrants for a total of $ 574,439.18. BOA D / COMMISSION RECOMMENDATION —te a /70.s6ei_ 70 g3, 04014 i-2Ertiieu). fair ;e, C'Ieicid /;7; ATTACHMENTS ( Listed Below ) 1. Warrant Register #03 2. Workers Comp Warrant Register dated 07/07/01 Resolution No. A -zoo (9: 99) City of National City, California COUNCIL AGENDA STATEMENT ..gEETING DATE August 07, 2001 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #04 C. Palazo DEPARTMENT AGENDA ITEM NO. 10 Finance Ratification of Warrant Register #03 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 408,047.32. `77) Approved By: Finance Director Account No. BOARD / COMMISSICIN RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #04 2. Workers Comp Warrant Register dated 07/18/01 Resolution No. A-200 )9 99) City of National City, California COUNCIL AGENDA STATEMENT ...FETING DATE August 07, 2001 ITEM TITLE PREPARED BY EXPLANATION WARRANT REGISTER #05 C. Palazo AGENDA ITEM NO. 11 DEPARTMENT Finance Ratification of Warrant Register #05 per Government Section Code 37208. ( Environmental Review Financial Statement Not applicable. N/A STAFF RECOMMENDATION Approved By: Finince Dire '.r Account No. I recommend ratification of these warrants for a total of $ 175,633.09. BOARD / COMMISS N RECOMMENDATION C'mcrv1,. ATTACHMENTS ( Listed Below ) 1. Warrant Register #05 2. Workers Comp Warrant Register dated 07/25/01 Resolution No. A-200 (9.99) City of National City, California COUNCIL AGENDA STATEMENT n.dETING DATE August 7, 2001 AGENDA ITEM NO. 12 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF MARCH 31, 2001 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of Mar. 31, 2001 is hereby submitted. This report reflects the components of the investment portfolio as of Mar, 31, 2001 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not applicable. Approved By: r finance Director Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers 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 31-Mar-01 BALANCE REVOLVING CASH $ 3,597.64 RETURNED CHECKS 5,901.56 BANK OF AMERICA #80200 (463,128.27) OUTSTANDING WARRANTS (344,605.37) PAYROLL OUTSTANDING WARRANTS (74,893.19) CASH HELD BY BROKERS 109,614.93 INVESTMENTS 20,859,145.56 LAI F 14,109,341.35 TOTAL $ 34,204,974.21 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 $ 1,235,090.59 $ 892,845.29 810,687.45 522,244.13 566, 200.50 683,036.53 650,873.79 467,982.69 361,388.87 467,464.69 726,071.72 701,250.63 661,494.45 566,012.74 559,768.00 799,778.30 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 0301 Combined Cash Reconciliation Worksheets wc City of 'National City SymPro 1-1-401 City of National City Portfolio Management Portfolio Summary March 31, 2001 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 8,111,000.00 8,111,000.00 8,111,000.00 38.88 497 221 6.463 6.553 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.46 1,827 1,145 6.000 6.083 Negotiable/Transferable CDs 4,670,000.00 4,472,605.60 4,312,286.23 20.67 1,993 1,259 8.070 8.182 Federal Agency Securities 8,175,000.00 8,175,634.72 8,170,426.97 39.17 1,267 907 6.310 6.398 Pass Through Securities 165,312.77 170,439.46 170,432.36 0.82 1,355 467 7.899 8.009 Investments 21,216,312.77 21,024,679.78 20,859,145.56 100.00% 1,121 710 6.745 6.839 Total Earnings March 31 Month Ending Fiscal Year To Date Current Year 111,369.09 1,100,198.20 Average Daily Balance 19,811,526.21 22,648,048.56 Effective Rate of Return 6.62% 6.47% Marylou Matienzo, Dictor of Finance Run Date: 07/31/2001 - 07:48 Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Page 2 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 10440 Admiralty Bank 12/21/2000 99,000.00 99,000.00 99,000.00 8.950 6.950 80 08/20/2001 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 394 04/30/2002 10445 American Investment Bank 01/05/2001 99,000.00 99,000.00 99,000.00 6.820 6.820 281 01/07/2002 10449 Anderson Brothers Bank 01/19/2001 99,000.00 99,000.00 99,000.00 6.200 6.200 108 07/18/2001 10201 Ashbum Bank 05/11/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 40 05/11/2001 10425 Asla Europe Americas Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.120 7.120 206 10/24/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 400 05/06/2002 10459 Astoria Federal Savings & Loan 02/05/2001 100,000.00 100,000.00 100,000.00 5.900 5.900 310 02/05/2002 10410 Bank of Alamo 09/08/2000 09,000.00 99,000.00 99,000.00 7.300 7.300 162 09/10/2001 10426 Bank of Alice, The 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 207 10/25/2001 10431 Bank of Kentucky, The 11/14/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 227 11/14/2001 10491 Bank of Nashville, The 03/30/2001 99,000.00 99,000.00 99,000.00 5.240 5.240 394 04/30/2002 10428 Bank of Wilmington 10/30/2000 99,000.00 99,000.00 99,000.00 7.110 7.110 212 10/30/2001 10398 Boundary Waters Community Bank 06/30/2000 99,000.00 99,000.00 99,000.00 7.600 7.600 92 07/02/2001 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.640 464 07/09/2002 10225 Corn Belt B & T Co 06/28/1999 99,000.00 99,000.00 99,000.00 6.200 6.200 88 06/28/2001 10173 Cross Country Bank 04/02/1999 100,000.00 100,000.00 100,000.00 5.680 5.580 1 04/02/2001 10452 Century Bank 01/24/2001 99,000.00 99,000.00 99,000.00 6.050 6.050 298 01/24/2002 10417 Citizens Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 180 09/28/2001 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 8.630 464 07/09/2002 220872DT9 10174 Corus Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 380 04/18/2002 .10384 Cowlitz Bank 05/08/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 37 05/08/2001 10422 Credit America Savings Co 10/18/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 200 10/18/2001 10407 Community Savings Bank 08/31/2000 99,000.00 99,000.00 99,000.00 7.250 7.250 152 08/31/2001 10438 Direct Merchants Bank 12/15/2000 100,000.00 100,000.00 100,000.00 7.000 7.000 258 12/15/2001 10181 Centennial Bank (Eaton Bank) 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.800 29 04/30/2001 10474 Eaton Federal Savings Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 345 03/12/2002 10437 Enterprise Bank 12/05/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 248 12/05/2001 10453 Farmers State Bank of Oakley 01/29/2001 99,000.00 99,000.00 99,000.00 6.000 6.000 304 01/30/2002 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 393 04/29/2002 10408 First Capital Bank of Kentudw 09/06/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 339 03/06/2002 10388 First Financial Bank 08/02/2000 99,000.00 99,000.00 99,000.00 7.750 7.750 62 08/02/2001 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 684 02/14/2003 10374 First Federal Bank FSB 04/19/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 18 04/19/2001 10420 First Western Bank . 10/11/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 99 07/09/2001 10414 FNB of Barnesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 359 03/26/2002 Run Date: 07/31/2001 -07:48 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 386 04/22/2002 10209 FNB of Jackson 05/20/1999 99,000.00 99,000.00 99,000.00 5.800 5.800 50 05/21/2001 10430 First State Bank 10/20/2000 99,000.00 99,000.00 99,000.00 7.070 7.070 201 10/19/2001 10467 F S B of Donalsonville 02/23/2001 99,000.00 99,000.00 99,000.00 5.700 5.700 330 02/25/2002 10432 First Security Bank & Trust 11/17/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 291 01/17/2002 10403 First State Bank - Wisconsin 08/17/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 137 06/16/2001 10401 Signal Bank S (Goodhue County) 07/24/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 114 07/24/2001 10402 Golden Security Thrift & Loan 07/28/2000 90,000.00 90,000.00 90,000.00 7.500 7.500 118 07/28/2001 10473 Guaranty National Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 344 03/11/2002 10444 Habersham Bank 01/03/2001 - 99,000.00 99,000.00 99,000.00 6.870 6.870 277 01/03/2002 10412 Hometown Bank 09/19/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 101 07/11/2001 10385 Heritage Bank of Commerce 05/11/2000 99,000.00 99,000.00 99,000.00 7.350 7.350 40 05/11/2001 10436 IndyMac Bank FSB 11/29/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 242 11/29/2001 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.800 386 04/22/2002 10488 Intrust Bank 03/22/2001 100,000.00 100,000.00 100,000.00 5.350 5.350 355 03/22/2002 10490 Iowa State Bank 03/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 380 03/27/2002 10450 Iowa State Bank & Trust Co 01/19/2001 99,000.00 99,000.00 99,000.00 6.250 6.250 296 01/22/2002 10169 Key Bank USA 04/05/1999 99,000.00 99,000.00 99,000.00 ' 6.800 5.600 4 04/05/2001 10489 Lewiston State Bank 03/24/2001 99,000.00 99,000.00 99,000.00 5.300 - 5.300 357 03/24/2002 10584 Lewiston State Bank 03/24/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 357 03/24/2002 10433 Mercedes National Bank 11/27/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 240 11/27/2001 10223 Merrick Banking Corporation 06/22/1999 99,000.00 99,000.00 99,000.00 6.000 8.000 81 06/21/2001 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 407 05/13/2002 10416 Mid-4mer10a Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 183 10/01/2001 10415 Morris State Bank, The 09/27/2000 99,000.00, 99,000.00 99,000.00 7.200 7.200 179 09/27/2001 10477 North Central Bank for Savings 03/19/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 352 03/19/2002 10380 NCB Savings Bank FSB 04/28/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 29 04/30/2001 10462 Newberry Federal S & L 02/15/2001 99,000.00 99,000.00 99,000.00 6.000 6.000 165 09/13/2001 10373 Progrowth Bank (Nicollet S B) 04/03/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 2 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 85 08/25/2001 10396 Peoples Bank of Kentucky 06/05/2000 99,000.00 99,000.00 99,000.00 7.500 7.500 65 06/05/2001 10429 Peoples Bank &Trust Co 11/07/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 220 11/07/2001 10419 Premier Bank 10/10/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 8 04/09/2001 10177 Queens County Savings Bank 04/20/1999 99,000.00 99,000.00 99,000.00 5.850 5.650 386 04/22/2002 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 722 03/24/2003 10386 Rushmore State Bank 05/15/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 44 05/15/2001 Run Date: 07/31/2001 - 07:48 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Purchase Date Par Value Market Value Page 4 Stated YTMIC Days to Maturity Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly 10427 10193 10400 10418 10381 10389 10379 10397 10442 10196 Small Town Bank E•Trade Bank (TeleBank) Traders Bank Triad Bank Tumberry Bank Universal Savings Bank FSB Walton Bank & Trust Co Western Security Bank Westland Savings Bank Winton Savings & Loan Subtotal and Average 7,631,258.06 10/24/2000 05/06/1999 07/11/2000 09/29/2000 05/03/2000 05/18/2000 04/20/2000 06/28/2000 12/21/2000 05/07/1999 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 7.100 99,000.00 5.660 99,000.00 7.600 99,000.00 7.200 99,000.00 7.250 99,000.00 7.500 99,000.00 7.050 99,000.00 7.600 99,000.00 6.940 99,000.00 5.600 8,111,000.00 8,111,000.00 8,111,000.00 7.100 207 10/25/2001 5.660 218 11/05/2001 7.706 101 07/11/2001 7.200 180 09/28/2001 7.250 32 05/03/2001 7.500 137 08/16/2001 7.050 19 04/20/2001 7.600 86 06/26/2001. 6.940 629 12/21/2002 5.600 36 05/07/2001 6.553 221 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 117,354.84 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 95,000.00 95,000.00 95,000.00 6.083 1,145 05/20/2004 6.083 1,145 NegotiablelTransferable CDs 0279999X1 06035ADT7 0649999X5 15640XBK8 203584AD9 258115AV6 29874FA32 30241HXE3 33847EGE1 32109VAH7 356611FU2060 39739BS36080 441800AY8060 Run Date: 07/31/2001 - 07:48 10358 American National B & TC 10072 Bank & Trust of Puerto Rico 10346 Bank One, Colorado 10158 Centura National Bank 10071 Community Bank of Ravenswood 10041 Doral FSB 10134 European American Bank 10031 Farmers Bank 10159 FCC National Bank 10205 Flagstar Bank 10203 FNB of Lucedale 10195 FNB of America 10168 Fremont Investment & Loan 10324 First Bank & Trust 10325 First Union Bank 10162 Greenwood Trust Company DE 10262 Great South Texas Bank 10037 Hometown Bank NA 10167 Household Bank 02/18/2000 01/27/1999 01/25/2000 03/09/1999 01/28/1999, 12/10/1998 02/04/1999 10/02/1998 03/10/1999 05/14/1999 05/12/1999 05/06/1999 04/07/1999 04/28/1999 02/23/1999 03/17/1999 09/15/1999 11/20/1998 04/07/1999 100,000.00 95,000.00 100,000.00 95,000.00 95,000.00 99,000.00 95,000.00 100,000.00 95,000.00 95,000.00 97,000.00 95,000.00 97,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 97,000.00 100,000.00 95,000.00 100,000.00 94,762.50 95,000.00 99,000.00 95,000.00 75,9,18.98 95,000.00 96,000.00 97,283.24 95,000.00 97,624.68 85,276.39 84,801.52. 100,633.00 75,811.23 85,328.46 97,000.00 74,790.18 6.780 95,000.00 5.300 74,790.18 6.760 95,000.00 6.000 95,000.00 5.350 98,384.22 5.350 95,000.00 5.500 75,9,18.98 5.650 95,000.00 5.700 96,000.00 5.500 97,000.00 5.500 95,000.00 5.500 97,000.00 5.800 85,276.39 5.750 84,801.52 5.820 100,000.00 5.600 75,811.23 6.550 85,328.46 5.650 97,000.00 6.600 15.799 1,412 02/11/2005 5.300 1,031 01/27/2004 15.798 1,383 01/13/2005 8.000 1,987 09/09/2066 5.350 1,032 01/28/2004 6.493 983 12/10/2003 5.500 1,221 08/04/2004 13.769 914 10/02/2003 5.700 1,074 03/10/2004 5.500 408 05/14/2002 5.500 407 05/13/2002 5.500 400 05/06/2002 5.800 1,102 04/07/2004 12.530 385 04/21/2002 12.683 356 03/23/2002 5.600 1,081 03/17/2004 15.190 1,214 07/28/2004 12.402 190 10/08/2001 5.500 1,102 04/07/2004 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Page 5 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 44921CBN6 10042 IBJ Schroder Bank & Trust Co 12/23/1998 95,000.00 94,762.50 95,000.00 5.550 5.550 996 12/23/2003 45383NAQ4 10160 Independent Bank W Michigan 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 1,068 03/04/2004 47816HAB3 10161 Johnson Bank 03/17/1999 95,000.00 95,000.00 95,000.00 6.250 6.250 2,907 03/17/2009 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 4,682 01/25/2014 51803AVL0 10327 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,677 04/26/2011 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,090 03/28/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 1,090 03/26/2004 55256NKS2 10077 M & I Marshall & Haley Bank 01/27/1999 95,000.00 95,000.00 94,818.55 8.050 6.076 2,858 01/27/2009 564759LT3 10152 Manufacturers & Traders Trust 03/04/1999 95,000.00 94,782.50 93,114.92 5.500 5.847 1,790 02/24/2006 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 97,143.56 97,000.00 5.400 5.400 701 03/03/2003 59020WDF5 10216 Merrill Lynch Bank USA 05/27/1999 95,000.00 95,000.00 95,000.00 8.000 8.000 1,157 06/01/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.36 69,971.36 6.550 15.910 1,627 09/14/2005 10038 Nations Bank (Barnett Bank) - 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 854 08/03/2003 64880TGC5060 10136 New South Federal Savings Bank 02/23/1999 97,000.00 97,426.80 97,000.00 5.300 5.299 498 08/12/2002 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 85,927.05 99,000.00 5.750 5.750 947 11/04/2003 680061BK3 10076 Old National Bank 131/28/1999 95,000.00 95,000.00 94,772.00 6.000 6.032 2,859 01/28/2009 710198GA4 10133 Peoples Bank 02/10/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 1,227 08/10/2004 10341 Pony Express Bank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,358 12/19/2004 743836TTD0 10043 Provident Bank 01/21/1999 89,000.00 99,239.58 99,000.00 5.500 5.500 1,207 07/21/2004 82861YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95,249.24 6.500 6.432 864 08/13/2003 82688FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 941 10/29/2003 60 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 99,060.28 97,000.00 5.400 5.400 1,067 03/03/2004 . 10263 South Bay Bank 07/28/1999 100,000.00 88,986.23 88,986.23 6.180 13.125 116 07/26/2001 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 98,092.22 98,658.70 5.850 5.405 821 07/01/2003 789369HG3 10075 St Frands Bank FSB 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 2,860 01/29/2009 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 1,035 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 78,963.99 78,963.99 6.570 14.890 938 10/24/2003 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 1,404 02/03/2005 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 1,061 02/26/2004 Subtotal and Average 4,374,737.84 4,670,000.00 4,472,605.60 4,312,286.23 8.182 1,259 Federal Agency Securities 31331RSV8 10454 Federal Farm Credit Bank 01/23/2001 250,000.00 246,311.77 248,311.77 6.100 20.168 743 04/14/2003 31331LDS4 10481 Federal Farm Credit Bank 03/19/2001 200,000.00 200,000.00 200,000.00 5.550 5.550 1,083 03/19/2004 31331LDS4 10482 Federal Farm Credit Bank 03/19/2001 200,000.00 200,000.00 200,060.00 5.550 5.550 1,083 03/19/2004 31331LDH8 10486 Federal Farm Credit Bank 03/15/2001 100,000.00 100,000.00 100,000.00 5.720 5.720 1,263 09/15/2004 Run Date: 07/31/2001 -07:48 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSP City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Page 6 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Federal Agency Securities 3133M8N79C 10057 Federal Home Loan Bank 12/01/1998 100,000.00 100,022.70 100,000.00 5.930 5.930 974 12/01/2003 3133M6GQ5 10063 Federal Home Loan Bank 11/17/1998 100,000.00 100,125.00 100,000.00 5.785 6.785 960 11/17/2003 3133M6NC8 10065 Federal Home Loan Bank 12/01/1998 100,000.00 100,219.00 100,060.00 5.910 5.910 974 12/01/2003 3134A2D39 10068 Federal Home Loan Bank 12/22/1998 100,000.00 100,000.00 100,000.00 5.820 5.820 995 12/22/2003 3133M6K98 10069 Federal Home Loan Bank 11/25/1998 100,000.00 100,156.00 100,000.00 5.640 5.640 803 11/25/2002 3133M8P04060 10119 Federal Home Loan Bank 12/04/1998 100,000.00 100,219.00 100,000.00 5.875 5.875 977 12/04/2003 3133M6PX0060 10128 Federal Home Loan Bank 12/02/1998 125,000.00 125,195.00 125,000.00 5.795 5.795 975 12/02/2003 3133M8N83C 10202 Federal Home Loan Bank 05/12/1999 100,000.00 100,066.20 100,000.00 5.740 5.740 590 11/12/2002 3133M8UA0 10210 Federal Hoare Loan Bank 05/24/1999 100,000.00 100,156.00 100,000.00 5.685 5.685 418 05/24/2002 3133M8V92C 10228 Federal Home Loan Bank 08/09/1999 100,000.00 100,159.70 100,000.00 6.000 6.000 617 12/09/2002 3133M8ZP2C 10230 Federal Home Loan Bank 06/24/1999 100,000.00 100,274.70 100,000.00 6.250 6.250 449 06/24/2002 3133M6J33060 10239 Federal Home Loan Bank 11/24/1998 115,000.00 115,143.75 115,000.00 5.730 5.730 967 11/24/2003 3133M94LC3 10240 Federal Home Loan Bank 06/17/1999 100,000.00 100,176.50 100,000.00 6.140 8.140 260 12/17/2001 3133M94L3 10242 Federal Home Loan Bank 06/17/1999 100,000.00 100,000.00 100,000.00 6.140 6.140 260 12/17/2001 3133M9A85 10266 Federal Home Loan Bank 07/09/1999 100,000.00 100,440.00 100,000.00 8.200 6.200 464 07/09/2002 3133M9D90 10271 Federal Home Loan Bank 07/19/1999 100,000.00 100,226.40 100,000.00 6.040 6.040 109 07/19/2001 3133M9NW8 10279 Federal Home Loan Bank 08/25/1999 100,000.00 101,609.00 100,000.00 6.540 6.540 330 02/25/2002 3133M9A85 10280 Federal Home Loan Bank 07/10/1999 100,000.00 - 100,290.00 100,000.00 6.200 6.200 464 07/09/2002 3133M9NW8 10285 Federal Home Loan Bank 08/25/1999 100,000.00 101,360.00 100,000.00 8.540 6.540 330 02/25/2002 3133M9J45 10360 Federal Home Loan Bank 08/16/1999 100,000.00 100,410.00 100,000.00 6.060 8.060 137 08/16/2001 3133MBBZ9 10378 Federal Home Loan Bank 04/18/2000 100,000.00 100,330.00 100,000.00 7.125 7.125 382 04/18/2002 3133MBL54 10390 Federal Home Loan Bank 06/06/2000 100,000.00 100,537.40 100,000.00 7.500 7.500 431 06/06/2002 3133MBXF9C 10405 Federal Home Loan Bank 08/22/2000 100,000.00 100,829.90 100,000.00 7.030 7.030 507 08/21/2002 3133MCRP2 10458 Federal Home Loan Bank 01/24/2001 100,000.00 100,097.90 100,000.00 6.030 6.030 844 07/24/2003 3133MCWB7 10457 Federal Home Loan Bank 01/30/2001 100,000.00 . 100,098.10 100,000.00 6.010 6.010 1,034 01/30/2004 3133MCRP2 10458 Federal Home Loan Bank 01/24/2001 100,000.00 100,000.00 100,000.00 6.030 6.030 844 07/24/2003 3133M7F50 10464 Federal Home Loan Bank 02/22/2001 250,000.00 250,363.23 250,363.23 5.765 5.853 1,045 02/10/2004 3133MD5H2 10465 Federal Home Loan Bank 02/23/2001 100,000.00 100,109.60 100,000.00 5.550 5.550 1,058 02/23/2004 3133MDDR1 10469 Federal Home Loan Bank 03/01/2001 150,000.00 150,000.00 160,000.00 8.000 6.000 1,249 09/01/2004 3133MDEJ8C 10476 Federal Home Loan Bank 03/14/2001 100,000.00 100,000.00 100,000.00 6.050 6.050 1,443 03/14/2005 3133MDF7C 10479 Federal Home Loan Bank 03/15/2001 100,000.00 100,000.00 100,000.00 5.740 5.740 1,079 03/15/2004 3133MDF57 10480 Federal Home Loan Bank 03/15/2001 100,000.00 100,000.00 100,000.00 5.740 5.740 1,079 03/15/2004 3133MDJ61C 10485 Federal Home Loan Bank 03/22/2001 100,000.00 100,000.00 100,000.00 6.650 5.550 1,086 03/22/2004 3133MDJ61 10487 Federal Home Loan Bank - 03/22/2001 200,000.00 200,000.00 200,000.00 5.550 5.550 1,086 03/22/2004 3133MDLR2 10492 Federal Home Loan Bank 03/26/2001 200,000.00 200,000.00 200,000.00 5.520 5.520 1,090 03/26/2004 3133MDS53 10493 Federal Home Loan Bank 03/29/2001 100,000.00 100,000.00 100,000.00 5.880 5.680 1,277 09/29/2004 Run Date: 07121/2001 - 07:48 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Average Purchase Balance Date Par Value Page 7 Stated YTM/C Days to Maturity Market Value Book Value Rate Moody's 385 Maturity Date Federal Agency Securities 3133MDUE1 10495 3133MDT45 10496 3133MDR39 10497 3134A2D39 10048 3134A2D39C 10058 3134A2G93060 10122 3134A3NM4 10191 3134A3PA8C 10200 3133TGSG5 10301 312902XD6 10391 3134A2Z04 10411 3129022J7C 10421 312923GV1 10468 312923LAIC 10470 3129231A1 10471 312923LA1 10472 312923PB5 10483 312923PB5C 10484 312923SD8 10494 31364GDH9 10062 31364GDH9060 10114 31364GTC3 10143 31364G4L0 10277 EC3079372 10434 31364KB58 10441 31364K2M1 10466 86387R2P6 10278 Federal Home Loan Bank - 03/29/2001 100,000.00 100,000.00 100,000.00 5.585 5.585 1,277 09/29/2004 Federal Home Loan Bank 03/29/2001 100,000.00 100,000.00 100,000.00 5.625 5.825 1,277 09/29/2004 Federal Home Loan Bank 03/29/2001 100,000.00 100,000.00 100,000.00 5.615 5.615 1,093 03/29/2004 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 99,906.00 100,000.00 5.820 5.820 995 12/22/2003 Federal Home Loan Mrtgage Corp 12/22/1998 100,000.00 100,019.80 100,000.00 5.820 5.820 995 12/22/2003 Federal Home Loan Mrtgage Corp 01/05/1999 200,000.00 200,000.00 200,000.00 8.000 6.000 1,009 01/05/2004 Federal Home Loan Mrtgage Corp 05/03/1999 100,000.00 100,000.00 - 100,000.00 6.105 6.105 1,128 05/03/2004 Federal Home Loan Mrtgage Corp 05/10/1999 100,000.00 100,028.10 100,000.00 6.140 6.140 1,135 05/10/2004 Federal Home Loan Mrtgage Corp 12/01/1998 100,000.00 95,368.00 100,000.00 6.000 6.083 852 08/01/2003 Federal Home Loan Mrtgage Corp 05/17/2000 100,000.00 100,000.00 100,000.00 7.160 7.150 411 05/17/2002 Federal Home Loan Mrtgage Corp 09/12/2000 85,000.00 83,951.97 83,951.97 5.580 6.000 983 12/10/2003 Federal Home Loan Mrtgage Corp 10/10/2000 100,000.00 100,161.20 100,000.00 7.000 7.000 922 10/10/2003 Federal Home Loan Mrtgage Corp 03/01/2001 200,000.00 200,300.00 200,300.00 6.000 5.982 1,788 02/22/2006 Federal Home Loan Mrtgage Corp 03/08/2001 100,000.00 100,000.00 100,000.00 5.750 5.750 1,072 03/08/2004 Federal Home Loan Mrtgage Corp 03/08/2001 100,000.00 100,000.00 100,000.00 5.750 5.750 1,072 03/08/2004 Federal Home Loan Mrtgage Corp 03/08/2001 100,000.00 100,000.00 100,000.00 5.750 5.750 1,072 03/08/2004 Federal Home Loan Mrtgage Corp 03/21/2001 100,000.00 100,000.00 100,000.00 5.665 5.665 1,269 09/21/2004 Federal Home Loan Mrtgage Corp 03/21/2001 200,000.00 200,000.00 200,000.00 5.665 5.665 1,269 09/21/2004 Federal Home Loan Mrtgage Corp 03/29/2001 200,000.00 200,000.00 200,000.00 5.500 5.500 1,093 03/29/2004 Federal Nat. Mortgage Assoc. 10/22/1998 250,000.00 250,312.50 250,000.00 6.040 6.040 934 10/22/2003 Federal Nat. Mortgage Assoc. 10/22/1998 250,000.00 250,027.50 250,000.00 6.040 6.040 934 10/22/2003 Federal Natl. Mortgage Assoc. 02/18/1999 100,000.00 99,516.00 99,500.00 5.500 5.618 1,053 02/18/2004 Federal Nat. Mortgage Assoc. 08/05/1999 100,000.00 100,138.00 100,000.00 6.170 6.170 128 08/07/2001 Federal Natl. Mortgage Assoc. 11/17/2000 100,000.00 100,019.80 100,000.00 7.000 7.000 960 11/17/2003 Federal Natl. Mortgage Assoc. 12/20/2000 100,000.00 100,350.00 100,000.00 6.500 6.500 628 12/20/2002 Federal Natl. Mortgage Assoc. 02/23/2001 100,000.00 100,000.00 100,000.00 6.000 6.000 1,240 08/23/2004 Sallie Mae Agency Bond 08/24/1999 100,000.00 100,609.00 100,000.00 6.300 6.300 145 08/24/2001 Subtotal and Average 7,508,862.89 8,175,000.00 8,175,634.72 8,170,426.97 6.398 907 Pass Through Securities 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 02/18/1998 2,343.11 2,350.48 2,433.94 9.000 7.495 214 11/01/2001 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 02/18/1998 2,655.71 2,667.96 2,758.67 9.000 7.514 183 10/01/2001 31341RDX8010 10096 Federal Home Loan Mrtgage Corp 02/18/1998 1,830.75 1,838.51 1,904.08 9.000 7.412 153 09/01/2001 313401WX5060 10099 Federal Home Loan Mrtgage Corp 02/18/1998 1,538.51 1,586.05 1,588.54 8.500 7.359 275 01/01/2002 31341UZL3060 10406 Federal Home Loan Mrtgage Corp 08/22/2000 34,689.45 35,686.77 34,690.00 8.000 12.477 334 03/01/2002 313610EQ6060 10092 Federal Nan. Mortgage Assoc. 12/23/1997 1,495.06 1,550.60 1,544.62 8.500 7.494 365 04/01/2002 Run Date: 07/31/2001 -07:48 Portfolio CNC CC PM (PRF PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments March 31, 2001 Page 8 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Pass Through Securities 31361SN51 10098 3136174J0060 10102 31364TKP5060 10103 31376PGY5 10126 36216XMV0020 10079 38217EBM3020 10080 38202AXN2020 10083 36202AX77020 10084 36217LQQ2020 10085 36216TKS8020 10088 36218VD59020 10087 36217AUE8020 10088 38202AYQ4020 10090 36202A5C7020 10091 36215SQ55020 10100 36215N3C6020 10104 36216NJL8020 10105 3820242132020 10106 3621614N8020 10107 382161075020 10108 36217LVM5020 10109 36218NZQ7020 10110 36202AZU4020 10111 36202AW52020 10236 Federal Natl. Mortgage Assoc. 02/18/1998 1,962.17 2,035.06 2,035.75 8.500 7.107 275 01/01/2002 Federal Natl. Mortgage Assoc. 02/18/1998 -0.78 -0.80 -0.81 8.600 6.967 306 02/01/2002 Federal Natl. Mortgage Assoc. 02/16/1998 0.30 0.30 0.31 8.250 7.307 1,310 11/01/2004 Federal Natl. Mortgage Assoc. 12/01/1998 -44!'" 445,479.14 47,032.71 47,398.63 8.500 6.626 821 07/01/2003 Govt National Mortgage Assoc. 08/26/1997 1,102.07 1,149.55 1,143.09 8.500 8.671 197 10/15/2001 Govt National Mortgage Assoc. 08/26/1997 739.14 770.99 766.66 8.500 8.727 258 12/15/2001 Govt. National Mortgage Assoc. 10/15/1997 2,350.17 2,427.93 2,438.34 8.500 7.381 263 12/20/2001 Govt. National Mortgage Assoc. 10/21/1997 4,058.03 4,192.29 4,210.21 8.500 7.495 294 01/20/2002 Govt. National Mortgage Assoc. 10/30/1997 6,120.68 6,384.40 6,354.14 8.500 6.657 289 01/15/2002 Govt National Mortgage Assoc. 10/30/1997 2,244.37 2,341.07 2,328.55 8.500 7.329 136 08/15/2001 Govt. National Mortgage Assoc. 11/12/1997 1,509.86 1,574.91 1,572.19 8.500 6.685 532 09/15/2002 Govt. National Mortgage Assoc. 11/12/1997 8,412.61 6,671.37 6,625.16 8.000 6.424 348 03/15/2002 Govt. National Mortgage Assoc. 11/21/1997 6,846.26 6,847.99 6,862.35 8.000 7.239 325 02/20/2002 Govt National Mortgage Assoc. 11/25/1997 6,527.07 6,743.02 6,771.92 8.500 7.000 537 09/20/2002 Govt National Mortgage Assoc. 02/18/1998 -0.61 -0.61 -0.65 9.000 7.767 49 05/20/2001 Govt. National Mortgage Assoc. 03/17/1998 399.49 399.51 417.47 9.000 6.220 44 05/15/2001 Govt National Mortgage Assoc. 03/17/1998 2,893.20 2,905.99 3,027.05 9.000 7.549 228 11/15/2001 Govt. National Mortgage Assoc. 03/17/1998 5,124.81 5,243.72 5,259.42 7.500 6.957 414 05/20/2002 Govt. National Mortgage Assoc. 03/17/1998 3,387.73 3,396.93 3,527.74 9.000 7.483 228 11/15/2001 Govt. National Mortgage Assoc. 03/26/1998 2,710.47 2,733.97 2,818.93 9.000 7.150 258 12/15/2001 Govt National Mortgage Assoc. 04/16/1998 8,438.13 8,776.54 8,710.32 8.000 6.352 348 03/15/2002 Govt. National Mortgage Assoc. 04/16/1998 5,081.27 5,286.31 5,259.14. 8.000 6.344 470 07/15/2002 Govt. National Mortgage Assoc. 04/16/1998 5,648.89 5,835.79 5,965.80 8.500 7.513 384 04/20/2002 Govt National Mortgage Assoc. 10/21/1997 1,947.71 2,012.15 2,020.80 8.500 6.824 233 11/20/2001 Subtotal and Average 179,312.58 165,312.77 170,439.48 170,432.36 8.009 467 Total Investments and Average Run Date: 07/31/2001 - 07:48 19,811,526.21 21,218,312.77 21,024,879.78 20,859,145.58 6.839 710 Portfolio CNC CC PM (PRF_PM2) SymRept V5.021 -41414.1 SymPro CUSIP City of National City Activity Report Sorted By Brokers March 1, 2001 - March 31, 2001 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/CaltsiMatudtles Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 185,000.00 185,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 959897EA3 10150 Western Bank PR Subtotal and Balance 3,788,000.00 5.400 03/03/2001 0.00 95,000.00 0.00 95,000.00 3,893,000.00 Federal Agency Securities 3133M8PS1 10066 Federal Home Loan Bank 5.780 03/12/2001 0.00 100,000.00 3133M6NX2 10067 Federal Home Loan Bank 5.970 03/05/2001 0.00 100,000.00 3134A3CT1 10155 Federal Home Loan Mrtgage Corp 6.300 03/08/2001 0.00 150,000.00 31364GJ83 10189 Federal Natl. Mortgage Assoc. 6.020 03/19/2001 0.00 100,000.00 312923GV1 10468 Federal Home Loan Mrtgage Corp 8.000 03/01/2001 200,000.00 0.00 31331 LDS4 10462 Federal Farm Credit Bank 5.550 03/19/2001 200,000.00 0.00 Subtotal and Balance 1,385,000.00 400,000.00 450,000.00 1,335,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 25.233% 48,053.47 5,499,053.47 8.500 03/05/2001 0.00 574.33 0.00 574.33 45,479.14 400,000.00 545,574.33 5,353,479.14 Brokers: Gifford Securities Inc Federal Agency Securities 3133M6TV0C 10059 Federal Home Loan Bank 5.660 03/22/2001 0.00 100,000.00 3133M6W38C 10060 Federal Hone Loan Bank 5.710 03/23/2001 0.00 100,000.00 3133M85N0 10170 Federal Home Loan Bank 6.050 03/18/2001 0.00 100,000.00 3133M7XW1C 10171 Federal Home Loan Bank 5.940 03/23/2001 0.00 100,000.00 Run Date: 07/31/2001 - 08:03 Portfolio CNC CC DA (PRF_DA) SymRept V5.02F CUSIP City of Na Al City Activity Report March 1, 2001 - March 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/CallslMaturhies Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Brokers: Gifford Securities Inc Federal Agency Securities 3134A3HG4C 10172 Federal Home Loan Mrtgage Corp 8.000 03/14/2001 0.00 100,000.00 31364GJ83C 10190 Federal Nat Mortgage Assoc. 6.020 03/12/2001 0.00 100,000.00 312923LAIC 10470 Federal Home Loan Mrtgage Corp 5.750 03/08/2001 100,000.00 0.00 3133MDEJ8C 10476 Federal Home Loan Bank 6.050 03/14/2001 100,000.00 0.00 3133MDF7C 10479 Federal Home Loan Bank 5.740 03/15/2001 100,000.00 0.00 312923PB5C 10484 Federal Home Loan Mrtgage Corp 5.865 03/21/2001 200,000.00 0.00 3133M0J61C 10485 Federal Home Loan Bank 5.550 03/22/2001 100,000.00 0.00 3133MDS53 10493 Federal Home Loan Bank 5.880 03/29/2001 100,000.00 0.00 312923SD8 10494 Federal Home Loan Mrtgage Corp 5.500 03/29/2001 200,000.00 0.00 Subtotal and Balance 2,100,000.00 900,000.00 800,000.00 2,400,000.00 Brokers Subtotal 11.312% 2,100,000.00 900,000.00 800,000.00 2,400,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10474 Eaton Federal Savings Bank 10488 Intrust Bank Subtotal and Balance 5.500 03/12/2001 5.350 03/22/2001 99,000.00 0.00 100,000.00 0.00 793,000.00 199,000.00 0.00 992,000.00 Negotiable/Transferable CDs 853389CG7060 10164 Standard Federal Bank Subtotal and Balance 1,074,000.00 5.850 03/19/2001 0.00 97,000.00 0.00 97,000.00 977,000.00 Federal Agency Securities 3133M8MP0060 10118 Federal Home Loan Bank 5.770 03/02/2001 0.00 100,000.00 3133M8P69060 10120 Federal Home Loan Bank 6.000 03/04/2001 0.00 100,000.00 3133M6468060 10121 Federal Home Loan Bank 5.860 03/09/2001 0.00 125,000.00 3134A2L22080 10123 Federal Home Loan Mrtgage Corp 6.000 03/02/2001 0.00 150,000.00 Subtotal and Balance 1,285,000.00 0.00 475,000.00 790,000.00 Pass Through Securities 38216XMV0020 10079 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 213.61 36217EBM3020 10080 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 130.78 36202AXN2020 10083 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 309.94 Run Date: 07/31/2001 - 08:03 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CUSIP City of National City Activity Report March 1, 2001 - March 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer Of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: Multi -Bank Securities Inc Pass Through Securities 36202AX77020 10084 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 517.88 36217LQQ2020 10085 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 1,431.23 36216TKS8020 10086 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 481.67 38218VD59020 10087 Govt National Mortgage Assoc. 8.500 03/21/2001 0.00 98.34 36217AUE8020 10088 Govt. National Mortgage Assoc. 8.000 03/21/2001 0.00 519.01 38202AYQ4020 10090 Govt. National Mortgage Assoc. 8.000 03/21/2001 0.00 1,031.32 36202A5C7020 10091 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 408.54 3134011F8010 10093 Federal Home Loan Mrtgage Corp 10.000 03/21/2001 0.00 179.99 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 9.000 03/21/2001 0.00 388.77 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 9.000 03/21/2001 0.00 301.66 31341 RDX8010 10096 Federal Home Loan Mrtgage Corp 9.000 03/21/2001 0.00 144.59 31341PFR3060 10097 Federal Home Loan Mrtgage Corp 10.500 03/21/2001 0.00 189.74 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 8.500 03/21/2001 0.00 195.06 36215N3C6020 10104 Govt. National Mortgage Assoc. 9.000 03/21/2001 0.00 1,154.81 36216NJL8020 10105 Govt. National Mortgage Assoc. 9.000 03/21/2001 0.00 754.14 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 03/21/2001 0.00 590.12 3621614N8020 10107 Govt. National Mortgage Assoc. 9.000 03/21/2001 0.00 587.55 382161DT5020 10108 Govt National Mortgage Assoc. 9.000 03/21/2001 0.00 678.95 36217LVM5020 10109 Govt. National Mortgage Assoc. 8.000 03/21/2001 0.00 753.03 36218NZQ7020 10110 Govt. National Mortgage Assoc. 8.000 03/21/2001 0.00 752.37 36202AZU4020 10111 Govt National Mortgage Assoc. 8.500 03/21/2001 0.00 573.33 38202AW52020 10236 Govt. National Mortgage Assoc. 8.500 03/21/2001 0.00 349.61 31341UZL3060 10406 Federal Home Loan Mrtgage Corp 8.000 03/21/2001 0.00 822.09 Subtotal and Balance 133,974A6 0.00 13,536.11 120,438.35 Brokers Subtotal 13.572% 3,265,974.46 199,000.00 585,536.11 2,879,438.35 Brokers: Mischler Financial Group Inc Federal Agency Securities 31384GWN5 10145 Federal Nat Mortgage Assoc. 6.020 03/02/2001 0.00 250,000.00 3134A3CT1 10156 Federal Home Loan Mrtgage Corp 6.300 03/08/2001 0.00 150,000.00 3133M6QK7 10286 Federal Home Loan Bank 5.700 03/17/2001 0.00 200,000.00 3133MDLR2 10492 Federal Home Loan Bank 5.520 03/26/2001 200,000.00 0.00 Subtotal and Balance 1,100,000.00 200,000.00 800,000.00 700,000.00 Run Date: 07/31/2001 - 08:03 Portfolio CNC CC DA (PRE_DA) SymRept V5.021 CUSIP City of N . raI City Activity Report March 1, 2001 - March 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 4 Brokers Subtotal 3.299% 1,100,000.00 200,000.00 800,000.00 700,000.00 Brokers: Morgan Keegan Federal Agency Securities Subtotal and Balance 200,000.00 200,000.00 Brokers Subtotal 0.943% 200,000.00 0.00 0.00 200,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133M7U46 10157 Federal Home Loan Bank 6.000 03/15/2001 0.00 100,000.00 3133M8UT9 10227 Federal Home Loan Bank 6.000 03/03/2001 0.00 100,000.00 3133M5PZ7 10404 Federal Home Loan Bank 5.700 03/31/2001 0.00 100,000.00 312923tA1 10471 Federal Home Loan Mrtgage Corp 5.750 03/08/2001 100,000.00 0.00 Subtotal and Balance 500,000.00 100,000.00 300,000.00 300,000.00 Brokers Subtotal 1.414% 300,000.00 100,000.00 300,000.00 300,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10367 American Pacific Bank 6.950 03/19/2001 0.00 99,000.00 10368 Lewiston State Bank 7.000 03/24/2001 0.00 99,000,00 10473 Guaranty National Bank 5.500 03/12/2001 99,000.00 0.00 10477 North Central Bank for Savings 5.400 03/19/2001 99,000.00 0.00 10478 Republic National Bank 5.450 03/22/2001 99,000.00 0.00 10489 Lewiston State Bank 5.300 03/24/2001 99,000.00 0.00 10490 Iowa State Bank 5.350 03/27/2001 99,000.00 0.00 10491 Bank of Nashville, The 5.240 03/30/2001 99,000.00 0.00 10584 Lewiston State Bank 5.300 03/24/2001 99,000.00 0.00 Subtotal and Balance 6,439,000.00 693,000.00 198,000.00 8,934,000.00 Certificates of Deposit - Maturity 10362 Bank of Washington Subtotal and Balance Brokers Subtotal 32.682% Run Date: 07/31/2001 -08:03 99,000.00 6,538,000.00 6.950 03/08/2001 0.00 99,000.00 0.00 99,000.00 0.00 893,000.00 297,000.00 6,934,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CUSIP City of National City Activity Report March 1, 2001 - March 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 5 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MAX95 10384 Federal Home Loan Bank 7.015 03/06/2001 0.00 100,000.00 3134A30G8 10439 Federal Home Loan Mrtgage Corp 6.250 03/14/2001 0.00 100,000.00 31364GVQ9 10460 Federal Nad. Mortgage Assoc. 6.000 03/12/2001 0.00 100,000.00 3133MDDR1 10469 Federal Home Loan Bank 6.000 03/01/2001 150,000.00 0.00 312923LA1 10472 Federal Home Loan Mrtgage Corp 5.750 03/08/2001 100,000.00 0.00 ltt�� 3133MDF57 10480 Federal Home Loan Bank 5.740 tl 1'5/2001 100,000.00 0.00 31331LDS4 10481 Federal Farm Credit Bank 5.550 03/19/2001 200,000.00 0.00 312923PB5 10483 Federal Home Loan Mrtgage Corp 5.685 03/21/2001 100,000.00 0.00 31331LDH8 10486 Federal Farm Credit Bank 5.720 03/15/2001 100,000.00 0.00 3133MDJ61 10487 Federal Home Loan Bank 5.550 03/22/2001 200,000.00 0.00 3133MDUE1 10495 Federal Home Loan Bank 5.585 03/29/2001 100,000.00 0.00 3133MDT45 10496 Federal Home Loan Bank 5.625 03/29/2001 100,000.00 0.00 3133MDR39 10497 Federal Home Loan Bank 5.615 03/29/2001 100,000.00 0.00 Subtotal and Balance 1,500,000.00 1,250,000.00 300,000.00 2,450,000.00 Brokers Subtotal 11.548% 1,500,000.00 1,250,000.00 300,000.00 2,450,000.00 Total 100.000% 20,703,027.93 Run Date: 07/31/2001 •08:03 3,742,000.00 3,228,110.44 21,215,917.49 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT MARCH 2001 FUND NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 169 GRANT -LOCAL LAW ENF. BLOCK 172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 130 3 191 GRANT - STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SERVICES GRANT 200 30TH STREET CLEANUP FUND -1304 203 PARK SECURITY/GTE LEASE 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.LF.I.LL 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 214 EVERY 15 MINUTES GRANT FY 99-00 219 LITERACY INITIATIVE IX FY00-01 220 FY2001 LOCAL LAW ENFORCEMENT BLOCK GRANT 225 ENGLISH LANGUAGE LITERACY INCENTIVE 227 CLLS MATCHING FUNDS FY2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 270 NUISANCE ABATEMENT FUND 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A' FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAUTRANSNET HIGHWAY 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 343 STATE -LOCAL PARTNERSHIP 363 SECURITY & FIRE ALARM REGULATION FUND 552 TDA 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND ENDING BALANCE 6,826,619.92 261,511.68 876.09 489.16 133,897.15 1,543,425.61 40,000.00 75,000.00 33,929.15 91,661.77 41,311.69 11,485,096.97 248.11 190,151.72 173,112.69 16,988.22 14,062.38 7,211.49 142,683.69 29,250.81 25,750.50 143,720.12 1,246.32 341,522.69 90,276.22 64,232.22 36.28 614.65 1,991.68 922,901.57 268,668.69 97,047.81 445,132.03 636,534..48 50,000.00 11,730.79 34,043.00 579,476.35 28,000.00 152.71 8.60 12,068.16 72,162.80 100,000.00 2,833.95 68,553.54 138,411.00 190,152.59 21,933.81 27,587.25 119,151.00 2,633.38 299,571.00 100,000.00 2,087,497.40 106,942.12 457,821.25 33,189.00 37,728.25 35,972.50 22,599.07 3,935,307.66 23,368.19 1,093,918.82 102,208.19 70,000.00 140,711.77 1,424.52 50,611.98 TOTAL L> 34,204,974.21 MONTHLY STATEMENT OF RECEIPTS FOR THE MONTH ENDING MARCH FUND NO. FUND TITLE MARCH YTD.MAR 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 112 LOWER SWEETWATER FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 169 GRANT -LOCAL LAW ENF. BLOCK 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 178 POLICE HAT BADGES 185 COPS MORE 97-CM-WX-0949 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND -1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND -1304 201 NCJPFA DEBT SERVICE FUND 204 GALE GRANT 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 214 EVERY 15 MINUTES GRANT FY1999-2000 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 270 NUISANCE ABATEMENT FUND 301 NEIGBORHOOD POLICING EXPANSION FY2001 302 CDC PAYMENTS 307 PROPOSITION A" FUND 312 STP LOCAUTRANSNET HIGHWAY 313 GRANT-CMAQ 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 347 PUBLIC RESOURCES ACCOUNT 552 TDA 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 643 MOTOR VEHICLE SVC FUND 721 LIBRARY TRUST FUND 3,310,460.65 18,836,521.78 0.00 46,363.94 8,293.46 263,819.96 9,663.99 307,417.32 4,181.74 65,958.06 109,842.73 458,077.31 18,042.36 59,246.84 0.00 33,672.61 200.00 22,927.00 12,485.13 64,917.00 11,000.00 67,397.00 318,368.06 3,684,911.07 5,000.00 18,284.77 3,379.72 60,419.40 15,856.68 57,076.74 1,620.00 5,184.20 0.00 48,094.00 91,809.00 92,309.00 640.00 26,555.00 0.00 -18.39 0.00 5,281.15 0.00 93,228.66 0.00 - 117,711.00 343.50 47,503.13 0.00 36.28 0.00 111,120.00 0.00 42,372.30 1,348.29 21,831.20 15,034.00 185,198.57 0.00 14,744.52 56,878.00 194,853.00 3,010.61 9,360.31 0.00 737,956.52 0.00 19,516.60 0.00 108,427.00 27,225.00 59,450.00 12,308.75 45,201.25 0.00 2,833.95 0.00 35,998.67 55,440.00 110,880.00 0.00 138,411.00 30,676.00 30,676.00 0.00 330,000.00 0.00 25,648.00 0.00 68,706.00 0.00 119,151.00 2,633.38 2,633.38 0.00 19,245.04 81,971.99 199,219.34 133,000.00 758,881.12 0.00 33,889.04 0.00 39,476.30 0.00 22,851.72 0.00-555.64 0.00 159,105.00 173,916.42 1,492,172.08 74,549.64 - 682,584.67 0.00 22,807.00 0.00 563.04 0.00-745.58 TOTAL re? 4,589,179.10 30,327,357.23 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING MARCH FUND NO. FUND TITLE MARCH YTD.MAR 001 GENERAL FUND 1,217,314.51 11,998,046.04 103 GENERAL CAPITAL OUTLAY FUND 0.00 3,000.00 104 LIBRARY FUND 58,702.00 522,283.37 105 PARKS MAINTENANCE FUND 48,746.91 411,184.26 108 LIBRARY CAPITAL OUTLAY 494.93 8,97206 109 GAS TAXES FUND 7,617.84 62,216.72 111 P.O.S.T. FUND 11,259.23 82,971.63 112 LOWER SWEETWATER FUND 5,692.32 54,074.01 115 PARK & REC CAPITAL OUTLAY FUND 0.00 (97.16) 120 PLAN CHECKING REVOLVING FUND 0.00 4,236.10 123 GRANT -FAMILIES FOR LITERACY 3,946.83 16,074.72 125 SEWER SERVICE FUND 105,669.18 3,961,276.69 130 EMT-D REVOLVING FUND 998.58 1,587.20 131 ASSET FORFEITURE FUND (6,465.00) 23,285.51 135 SD COUNTY REG AUTO THEFT TASK 0.00 18,985.20 136 TINY TOT CLASSES FUND 0.00 1,567.39 145 JUVENILE EDUCATION FUND 0.00 1,665.95 147 GRANT -JUDGE PROGRAM 5,398.61 49,709.09 154 STATE PUBLIC LIBRARY FUND 5,200.70 51,347.47 157 GRANT-SUPPL LAW ENF. (SLESF) 0.00 82,908.25 159 GENERAL PLAN UPDATE RESERVE 0.00 100.00 171 LIBRARY SCHOOL DISTRICT CNTRCT 4,528.49 56,656.05 172 TRASH RATE STABILIZATION FUND 12,504.37 34,334.21 173 NATIONAL SCHOOL DIST CONTRACT 2,245.62 16,777.77 174 SWEETWATER SCHOOL DIST CONTRAC 6,648.27 58,065.59 179 NPT BUS DONATIONS FUND 0.00 200.00 182 COPS GRANT PART II 6,449.99 78,034.02 185 COPS MORE 97-CM-WX-0949 0.00 52,158.00 188 GRANT - HIDTA 6,857.51 59,089.13 189 CIVIC CENTER REFURBISHING 0.00 7,290.26 190 30TH STREET CLEANUP FUND -1303 0.00 272,089.09 191 GRANT - STOP PROJECT 35,709.76 - 99,875.60 192 LEASE ESCROW FUND 0.00 44,457.23 193 COPS GRANT PART III 1,877.51 18,233.82 195 LANDSCAPE RESERVE 19,913.12 45,137.14 196 CAPITAL PROJECT RESERVE 6,899.75 72,765.54 198 PROPERTY EVIDENCE SEIZURE 0.00 3,892.93 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 160,810.00 200 30TH STREET CLEANUP FUND -1304 Z127.17 26,139.63 201 NCJPFA DEBT SERVICE FUND 0.00 737,403.53 204 GALE GRANT 0.00 350.00 207 CLLS MATCHING FUNDS FY99-00 0.00 77.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 0.00 69,352.66 209 FY99-00 UTERACY INITIATIVES VIII 0.00 93,736.27 210 FY99-00 F.U.L.F.LLL. 0.00 46,881.84 211 SECURITY AND ALARM REGULATION FUND 2,736.22 24,530.22 218 HIHG INTENSITY PREVENTION ZONE 6,487.62 123,794.38 219 FY00-01 LITERACY INITIATIVE IX 10,796.09 42,326.46 222 WOW MOBILE GRANT FY 2000-2001 2,871.16 66,674.66 223 FACE TO FACE INFORMATION GRANT FY 00-01 9,382.52 36,585.33 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 34,104.86 139,847.41 227 CLLS'MATCHING FUNDS FY 2000-2001 687.82 3,714.19 228 GROWING WITH MOTHER GOOSE GRANT 2,868.75 41,118.75 301 NEIGBORHOOD POLICING EXPANSION FY2001 79,249.54 1,009,602.98 302 CDC PAYMENTS 33,168.18 338,142.08 307 PROPOSITION A' FUND 7,913.20 151,289.39 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 49.14 313 GRANT-CMAQ 56,384.70 122,433.57 347 PUBLIC RESOURCES ACCOUNT 0.00 15,981.38 348 STATE GRANT 21,663.45 - 210,283.71 552 TDA 150,014.70 1,575,315.74 626 FACILITIES MAINT FUND 149,532.95 1,171,863.79 627 LIABILITY INS. FUND 68,682.65 660,755.85 628 GENERAL SERVICES FUND 14,676.65 136,504.02 629 INFORMATION SYSTEMS MAINTENANC 49,05215 183,092.62 630 OFFICE EQUIPMENT DEPRECIATION 69,389.42 393,970.23 631 TELECOMMUNICATIONS REVOLVING 17,459.43 99,420.27 632 INFORMATION SERVICES 33,220.61 314,010.41 643 MOTOR VEHICLE SVC FUND 59,319.70 605,890.49 TOTAL 2,447,998.57 26,876,398.88 /'r off1r. Date City of National City Pooled Investment Transactions Report For the Month of March 2001 Description Beginning Balance 3/7 3/23 3/29 3/30 Deposit Deposit Withdrawal Withdrawal Institution LAIF LAI F LAIF LAIF Ref. No. 392907 805123 743615 606485 Amount 13,409,341.35 500,000.00 1,200,000.00 (700,000.00) (300,000.00) 14,109,341.35 0301 Combined Cash Reconciliation Worksheets Page 1 8/1/01 City of National City, California COUNCIL AGENDA STATEMENT .iiEETING DATE August 7, 2001 AGENDA ITEM NO. 13 ITEM TITLE CLAIM FOR DAMAGES: Hector Medel, a minor by and through Monica Lopez, his parent PREPARED BY Michael R. Dalla, Cl\PARTMENT City Clerk EXPLANATION The above claim arises from an occurrence on February 17, 2001, and was filed with the City Clerk's Office on June 20, 2001. CEnvironmental Review ___ I/A 1-Financial Statement N/A >STAFF RECOMMENDATION Approved By: Finance Director Account No. Deny those portions of the claim pertaining to events occurring after October 17, 2000. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9:991 City of National City, California COUNCIL AGENDA STATEMENT aiEETING DATE August 7, 2001 AGENDA ITEM NO. 14 TEM TITLE STREET TREE COMMITTEE MINUTES PREPARED BY Jim Ruiz / ,(/-^-\/ DEPARTMENT Parks & Recreation EXPLANATION Removal Requests: 1816 "0" Avenue Requests removal of 2 trees because they are creating a hazardous situation. Committee recommends denial of request; no hazard is posed. 325 East 4th Street Request removal of ficus tree because it is causing electrical problems. The electricity meter has been removed on one occasion. There is concern that the tree, despite trimmings will grow more and pose a serious problem with the electrical wires. Additionally, the tree is lifting up the sidewalk. Committee recommends removal of tree upon payment of $34 fee with replacement tree. 510 East 4th Street Request removal of one tree because of electric wire and plumbing problems. Sidewalk has lifted up and is a afety hazard to pedestrians. Committee recommends removal of tree upon payment of $34 fee with replacement tree. L.. L Environmental Review XX N/A ♦ Financial Statement Replacement funds available in 105-442-000-311-0000 Approved By: Finance Dir:> or Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION i Approve minutes. ATTACHMENTS ( Listed Below ) Minutes Resolution No. A-200 (9:99) foNL City of National City Parks & Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 ' (619) 336-4290 'hFfDhIEO "_ INUTES OF THE STREET TREE COMMITTEE MEETING HELD ON JULY 19, 2001 • Called to order at 2:00 p.m. • Present: Sotelo, Keen, and Morales; Staff: Diaz. • Absent: Cesena, Schwitkis • Tree Removal Requests: Adela Sanchez 1816 "0" Avenue Request for removal of 2 trees. The trees are creating a hazardous situation. Committee recommends denial of request, no hazard. Rosario G. Buclatia 325 East 4th Street Request for removal of a ficus tree because it is causing electrical problems. The electricity meter has been removed on one occasion. There is concern that the tree, despite trimming, will grow more and pose a serious problem with the electrical wires. Additionally, the tree is lifting up the sidewalk. Committee recommends removal of tree upon payment of $34 fee with replacement tree. Jeff Brown 510 E. 4th Street Request removal of one tree because of electric wire and plumbing problems. Sidewalk has lifted up and is a safety hazard to pedestrians. Committee recommends removal of tree upon payment of $34 fee with replacement tree. • Adjourned at 2:30 p.m. Park Superintendent ® Recycled Paper City of National City COUNCIL AGENDA STATEMENT **Refer to Item #1** MEETING DATE: August 7, 2001 AGENDA ITEM NO. ITEM TITLE: RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT (MILE OF CARS) PREPARED BY: Paul Desrochers, DEPARTMENT Community Development Commission Executive Director EXPLANATION: Adoption of this Resolution will implement the 2001-02 levy and collection of assessments for costs of maintenance of improvements to the Landscape Maintenance District (LMD). The Resolution confirms that the required Public Hearing has been held and legally noticed. The Resolution confirms the assessments listed in the Engineer's Report and orders that the assessment breakdown contained in the report be levied by the County of San Diego Auditors Office. Environmental Review X N/A Financial Statement Maintenance costs for fiscal year 2001-02 operation of the LMD are estimated at $93,000 and fees to property owners range from $315.79 to $6,221.13. The current year assessment is being reduced by $6,600 from the prior year. r STAFF RECOMMENDATION Adopt Resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 2001-116 RESOLUTION NO. — 2001 - 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City, California, has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following; Article XIIID and such implementation act may be referred to collectively herein as "Article XIIID"), in a special maintenance district known and designated as Landscape Maintenance District No. 1 (hereinafter referred to as the "District"); and WHEREAS, at this time all notice and public hearing requirements have been met relating to the levy of the annual assessments; and WHEREAS, the City Council has received a report from the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for fmal consideration and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. The above recitals are all true and correct. PROCEDURES Section 2. The City Council hereby fmds and determines that the procedures for the consideration of the levy of the annual assessment have been undertaken in accordance with both the Act and Article X1111) inasmuch as the proposed assessments for Fiscal Year 2001-02 are not proposed to be increased over the assessments previously authorized to be levied. DETERMINATION AND CONFIRMATION Section 3. The final assessment and diagram for the proceedings, as contained in the Assessment Engineer's Report, is hereby approved and confirmed. Based upon the Assessment Engineer's Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed: a. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses. b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel. c. Only the special benefits have been assessed. d. There are no publicly owned parcels within the District. The assessments for the District contained in the Assessment Engineer's Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engineer's Report. ORDERING OF MAINTENANCE Section 4. The public interest and convenience requires, and this legislative body does hereby order the maintenance work to be made and performed as said maintenance work is set forth in the Assessment Engineer's Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK AND CITY ENGINEER Section 5. The above -referenced diagram and assessment shall be filed in the Office of the City Clerk, with a certified copy to be flied in the Office of the City Engineer. Said diagram and assessment and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR Section 6. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. ENTRY UPON THE ASSESSMENT ROLL Section 7. After the filing of the diagram and assessment the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT Section 8. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR Section 9. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2001 and ending June 30, 2002. PASSED and ADOPTED this 7th day of August, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /4 0/3 George H. Eiser, III City Attorney it George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE August 7, 2001 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN AN EXISTING MARKET AT 431 N. HIGHLAND AVENUE (APPLICANT: SAMIR SOMO) (CASE FILE NO. CUP-2001-5) PREPARED BY Charley Marchesano,s „DEPARTMENT Planning EXPLANATION 1'he City Council voted to approve this Conditional Use Pennit at the July 17, 2001 public hearing. The attached resolution is necessary to follow through on this action. ( Environmental Review Financial Statement >STAFF RECOMMENDATION Adopt the resolution. N/A N/A Categorical Exemption Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-117 A-200 (599) RESOLUTION NO. 2001 — 117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE IN AN EXISTING MARKET AT 431 NORTH HIGHLAND AVENUE APPLICANT: SAMIR SOMO. CASE FILE NO. CUP-2001-5 WHEREAS, the City Council of the City of National City considered the applicant's appeal of the Planning Commission's denial of a Conditional Use Permit (CUP- 2001-5) application for the sale of beer and wine in an existing market at 431 North Highland Avenue at the regularly scheduled meeting of July 17, 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 No. CUP-2001-5, 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;Eand 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 July 17, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing market has ample room available for the incidental sale of beer and wine. 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 site is already developed as a market and has adequate ar1Pcs via North Highland Avenue/43nd Street, an arterial, and the applicant has stated that the majority of his customers live nearby and walk to the market. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the hours of operation, limit the size and types of containers offered for sale, and prohibit loitering and drinking on the premises. 4. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Resolution No. 2001 — August 7, 2001 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine within a 5,699 square foot market, for off -site consumption, and shall conform with Exhibit "A", Case File No. CUP-2001-05, dated March 28, 2001, except as modified by conditions of approval. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. Approval of this permit shall allow the sale of beer and wine for off -site consumption only, the sale of liquor shall not be allowed in any form. 4. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 5. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 6. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 7. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi- unit quantities. 8. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 9. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control.. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 10. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. Resolution No. 2001 — August 7, 2001 Page Three 11. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 12. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 13. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit "A", Case File No. CUP-2001-05, dated 3/28/01. 14. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of beer and wine shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of beer and wine and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 18. No coin operated amusement devices shall be operated on the licensed premises. 19. 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. 20. 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 Penn it. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Resolution No. 2001 - August 7, 2001 Page Four 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 7t day of August, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 1.---) Geor eH. g er, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 7, 2001 17 AGENDA ITEM NO. /ITEM TITLE ORDINANCE AMENDING TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO NOISE CONTROL PREPARED BY Rudolf Hradecky EXPLANATION DEPARTMENT City AttorneyPi Please see attached staff report. Environmental Review ' N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Staff Report with Attachments "A" through "D" Proposed ordinance. Resolution No. A-200 (9;99) STAFF REPORT ORDINANCE AMENDING TITLE 12 (Noise Control) This ordinance proposes to make non -substantive, clarifying editorial revisions to each of the chapters contained in Title 12 relating to noise control, and has been coordinated with the Planning and Police Departments. The City's Noise Control Ordinance was first adopted in 1979 by Ordinance No. 1697. It has undergone only minor revision in the interim. The existing provisions of Chapter 12.10 regarding nuisance noise disturbances have been reviewed to ensure clarity of language and standards of noise levels. The current language of Title 12 is generally adequate to that task, but room for improvement exists. These proposed revisions accomplish that goal of review to ensure that older ordinances remain current and valid. Attached as Attachment "A" is a strikeout version of the proposed revisions to Title 12. Attachment "B" is a report prepared by Alex Segal, Ph.D., dated March 28, 1999, which regards particular amendments to Sections 12.06.020E(3) and 12.06.040D. Attachment "C" is a further report prepared by Dr. Segal concerning the remainder of the additional revisions being proposed. The proposed ordinance is set out in complete text as the entire Title 12, rather than in separate sections to be revised. This is because many of the revisions, although minor in nature, would cause the entire section to be reprinted, and it is simpler, for reprinting purposes, to do it this way. Editorial revisions are proposed in this ordinance in order to clarify certain language to make Title 12 as objective as possible, and eliminate areas of potential incongruity. Emphasis has been placed on equating noise disturbances to sound level limits and eliminating miscellaneous language suggesting subjective judgment may be considered in making noise determinations. Tables III and IV maintain existing exterior and interior noise levels, measured in decibels on an A Scale of a sound meter. No changes have been proposed to those noise levels, which are generally accepted noise levels in most jurisdictions, and have been in use in National City, since 1979. Nuisance noise levels prescribed in Table III, based on receiving land use categories, are based on event level rather than hourly averaging as Leg(h). A primary focus of the revision was to ensure that the regulations in Title 12 for noise control continue to meet constitutional standards for "content neutral, time, place, manner" restrictions. A summary of pertinent case law is attached as Attachment "D" regarding restrictions on the use of sound amplifying equipment for the dissemination of "speech". This is an area where the Courts will scrutinize regulations that may have the effect of acting as a restraint on speech. The courts, however, recognize that the right to speak is coexistent with the right not to listen or to have one's private property interests unnecessarily disturbed. 1 Title 12 Staff Report July 17, 2001 Page Two Review of Attachment "A" generally demonstrates the editorial nature of these revisions. The recommendations by Dr. Segal in Attachment "B" were also included in this revision to Sections 12.060.020E(3) and 12.06.040D establishing a more accurate mechanism for measuring and limiting environmental noise. Please note that the recommendations in Attachment "B" are based upon a consideration of alternative language once suggested by the Planning Commission. Dr. Segal's recommendations are considered to be the more effective, however, for accurate determination of noise effects at the boundary of an affected property, and hence more consistent with the goals of Title 12. In essence, those revisions direct the measurement to occur on the affected property or at the boundary of the sound generating property, so that topography and acoustical irregularities can be taken into account. Other non -editorial revisions that have been made are highlighted as follows: 1. Eliminates definitional references to "commercial" and "non-commercial" sound trucks (Section 12.04.660). 2. Clarifies that the exterior noise level limits for both multi -family and public space is the same. (Table III, Chapter 12.06). 3. Eliminates an incongruity in interior noise levels regarding multi -family residences, by defming multi -family residences for purposes of interior noise levels to be two units or more, instead of nine of more dwelling units (Table IV, Chapter 12.08). (Normally, multi -family units are referenced in the Land Use Code as nine or more units. For example, see Section 18.14.400. This revision to Title 12 does not affect land use issues). 4. Establishes a prima facie evidence rule for nuisance sound levels at 50 feet, unless a higher sound level is allowed by code (Section 12.10.040), thus allowing an alternative objective method for nuisance sound measurement. 5. An additional clarification is proposed in Section 12.10.090 to prohibit the use of sound amplifying equipment to project telephone sound beyond the limit of the property, so as to be consistent with current industrial practice, rather than to absolutely prohibit the equipment. 6. Repeals restrictions applicable to street sales in Section 12.10.100 relating to "outcrying", a somewhat archaic concept. 7. Adds an objective time duration for nuisance noise Section 12.10.120. 8. Requires portable loudspeakers and other sound equipped with, and not operated unless, a volume clarifies the maximum noise levels permitted during receiving land use. Makes the hours of prohibited and sound amplifying equipment the same between and commercial zones. from noisy animals and birds in amplifying equipment, to be limiting switch is installed, and sound operation, based upon the operation for both sound trucks 9 p.m. to 8 a.m., in residential 2 Title 12 Staff Report July 17, 2001 Page Three 9. Eliminates an incongruity in noise disturbances for construction and demolition activity between 7 p.m. and 7 a.m. This revision corrects the incongruity by prohibiting construction and demolition noise between 7 p.m. and 7 a.m., and all day Sunday and holidays in residential and commercial zones, except for emergency and public health related work (see Section 12.10.160). 10. The requirement for the location of required signage is clarified to be at the street corners in designated sound sensitive zones (Section 12.10.280). 11. Establishes more objective equipment and operating criteria for sound trucks, and eliminates distinctions between commercial and non-commercial sound trucks. A business license is required for sound trucks doing business within city limits. Requires a sound calibrated volume -limiting device to be installed and utilized during operation. Licensing is a ministerial function; operating licenses are limited to a thirty (30) day period, following which they are subject to renewal. Once the equipment has been certified, issuance of sound truck operating licenses would be a ministerial function of the Finance Department rather than discretionary with the City Council. Specific standards are prescribed for controlling sound limits in a time, place and manner methodology (Chapter 12.14). 12. Enforcement of nuisance noise disturbances requires prior notification to the offender regarding the noise excedance level before enforcement action may be initiated (Section 12.18.060). 13. This section generally provides that noise disturbances that are both environmental and nuisance shall be enforced as nuisance noises, unless a determination is made to enforce the disturbance as environmental. The Planning Director is now substituted for the Chief of Police for making determinations whether noise disturbances that are both environmental and nuisance are be treated and enforced as an environmental noise disturbance instead (Section 12.18.080). 14. Adds a section on how noise shall be measured based on the Model Community Noise Control Ordinance prepared by the Department of Health. Berkely, California. (Section 12.18.090), and repeals section 12.18.120 regarding injunctive actions against the city to compel enforcement of the provisions of title 12. 3 STRIKEOUT VERSION Title 12 NOISE CONTROL Chapter 12.02 GENERAL PROVISIONS 12.02.020 Title. The ordinance codified in this title shall be known and may be cited as "The Noise Control Ordinance" of the city of National City. (Ord. 1697 § 2 (part), 1979) 12.02.040 Declaration of findings and policy. Whereas, excessive noise and vibration are a serious hazard to the public health and welfare and the quality of life, and Whereas, the people have a right to and should be ensured an environment free from noise and vibration that may jeopardize their health or welfare or degrade the quality of life; Now, therefore, it is the policy of the city to prevent noise and vibration whiehvibration that may jeopardize the health or welfare of its citizens or degrade the quality of life. (Ord. 1697 § 2 (part), 1979) 12.02.060 Criteria. As criteria for this chapter, Table I is a chart showing sound levels and their expected impact in terms of human response. Table II is a list of National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency in their publication "Toward a National Strategy for Noise Control" April 1977. TABLE I SOUND LEVELS AND HUMAN RESPONSE Common Sounds Noise Level (dBdB) Effect Carrier deck Jet operation Air raid siren 140 Painfully loud Jet takeoff (200 feet) Thunderclap Discotheque Auto horn (3 feet) 130 120 Maximum vocal effort 1 Attachment "A" Pile drivers Chain saw (2 feet) 110 Garbage truck 767.10 Power lawn mower (4 feet) 100 Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hrs) Alarm clock (2 feet) Hair dryer Vacuum cleaner 80 Annoying Noisy restaurant Freeway traffic Man's voice 70 Telephone use difficult Air conditioning unit (20 feet) 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room Bedroom Quiet office 40 Library Soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 10 Just audible 0 Hearing begins This decibel (dBdB) table compares some common sounds and shows how they rank in potential harm to hearing. Note that 70 dBdB is the point at which noise may begins to harm hearing, that 60 dBdB is the threshold of stress response and 45 dBdB disturbs sleep. To the ear, each 10 dBdB increase seems twice as loud. 2 Attachment "A" TABLE II A. To take all practical steps to eliminate hearing loss resulting from noise exposure; B. To reduce environmental noise exposure to an Ldn value of no more than 75 dBdB immediately; C. To reduce noise exposure levels to Ldn 65 dBdB by vigorous regulatory and planning actions; D. To strive for an eventual reduction of noise levels to an Ldn of 55 dBdB. (Ord. 1697 § 2 (part), 1979) Chapter 12.04 DEFINITIONS 12.04.020 Terminology. All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standards ANSI S1.1 1971 1971, or most currentAcoustical revision. Terminology (attache reference). (Ord. 1697 § 2 (part), 1979) 12.04.040 A -weighted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is often designated dBdB(A) or dBdBA. (Ord. 1697 § 2 (part), 1979) 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. (Ord. 1697 § 2 (part), 1979) 3 Attachment "A" 12.04.080 Code enforcement officer. "Code enforcement office(r)" means the -any city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee having responsibility for making noise surveys, noise analyses, noise investigations and for the the administration of this chapter, other than enforcement. (Ord. 1697 § 2 (part), 1979) 12.04.100 Construction. "Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights -of -way, structures, utilities or similar property or similar activity upon public or private structures or land. (Ord. 1697 § 2 (part), 1979) 12.04.120 Continuous sound. "Continuous sound" means sound which is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour, unless otherwise provided. (Ord. 1697 § 2 (part), 1979) 12.04.140 Cumulative period. "Cumulative period" means an additive period of time composed of individual time cegmentc whichsegments that may be continuous or interrupted. (Ord. 1697 § 2 (part), 1979) 12.04.160 Day/night average sound level (Ldn). "Day/night average sound level (Ldn)" means a twenty-four hour average of the A -weighted sound level, with the level during the period ten p.m. to seven a.m. increased by ten dBdB(a) before averaging. It is denoted "Ldn." It is typically used for assessing noise impacts from transportation noise sources. (Ord. 1697 § 2 (part), 1979) 12.04.180 Decibel. "Decibel" (also "dB") means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. (Ord. 1697 § 2 (part), 1979) 12.04.200 Demolition. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. 4 Attachment "A" 12.04.220 Equivalent sound level (Leq). "Equivalent sound level (Legg)" means the average sound level of an event measured over a stated time period, typically one hour, in which case it may also be represented as "Leq(h)". (Ord. 1697 § 2 (part), 1979) 12.04.240 Emergency work. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (Ord. 1697 § 2 (part), 1979) 12.04.260 Environmental noise. See "Noise disturbance --environmental" as defined in Section 12.04.480A. (Ord. 1697 § 2 (part), 1979) 12.04.280 Fixed noise source. "Fixed noise source" means a stationary device-whichdevice that creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. (Ord. 1697 § 2 (part), 1979) 12.04.300 Impulsive sound. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. (Ord. 1697 § 2 (part), 1979) 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. (Ord. 1697 § 2 (part), 1979) 12.04.340 Intrusive noise. "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level. (Ord. 1697 § 2 (part), 1979) 5 Attachment "A" 12.04.360 Licensed. "Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictionalauthority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. (Ord. 1697 § 2 (part), 1979) 12.04.370 Loudspeaker. "Loudspeaker" —see "Sound Amplifvina Eaui•ment". 12.04.380 Message. "Message" means any voice, music, sound or other audible stimulation. (Ord. 1697 § 2 (part), 1979) 12.04.400 Mobile noise source. "Mobile noise source" means any noise source other than a fixed noise source. (Ord. 1697 § 2 (part), 1979) 12.04.420 Motor vehicle. "Motor vehicle" means any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor vehicles subject to registration under the code, and all off -highway type motor vehicles subject to identification under the code. (Ord. 1697 § 2 (part), 1979) 12.04.440 Motorboat. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code). (Ord. 1697 § 2 (part), 1979) 12.04.460 Muffler or sound dissipative device. "Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine_, and effective in reducing to reduce exhaust noise. (Ord. 1697 § 2 (part), 1979) 6 Attachment "A" 12.04.480 Noise disturbance. Any noise exceeding the noise level limits for a designated receiving land use category specified in Table III, or the noise emanating from any of the prohibited actions as -specified in Chapters 12.08,12.10 or 12.14 shall be deemed to lads a noise disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some cases, both. A. Noise Disturbance --Environmental. Those noises disturbances resulting from land use activity normally permitted under the Land Use Code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by the list in Appendix A of Chapter 12.22. B. Noise Disturbance --Nuisance. Those intrusive noises disturbance;, other than environmental noises disturbances, which} because of their unusual presence, are or may be considered harmful to health and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and characteristics. A nuisance noise is a noise that constitutes a "public nuisance", as defined in Civil Code section 3479. Types of Nnuisance noise disturbances are further specified in, but not limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22. (Ord. 1697 § 2 (part), 1979) 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring exceptional-guietnoise control. (Ord. 1697 § 2 (part), 1979) 12.04.520 Powered model vehicle. "Powered model vehicle" means any self-propelled, airborne, waterborne or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket. (Ord. 1697 § 2 (part), 1979) 12.04.540 Public right-of-way. "Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place whichplace that is owned or controlled by a government entity. (Ord. 1697 § 2 (part), 1979) 12.04.560 Public space. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity, other than the public rights of way. (Ord. 1697 § 2 (part), 1979) 7 Attachment "A" 12.04.580 Pure tone. "Pure tone" means any sound-whichsound that can -be judged-asis audible as a single pitch or a set of single pitches by the code enforcement officer (CEO) or police-e#icer. (Ord. 1697 § 2 (part), 1979) 12.04.600 Real property boundary or real property line. "Real property boundary" or "real property line" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra- building real property divisions. (Ord. 1697 § 2 (part), 1979) 12.04.620 Sound amplifying equipment. "Sound -amplifying equipment," as used means any machine or device using electronic, mechanical or combination means for the amplification of the human voice, music or any other sound. This includes handheld or portable loudspeakers and remotely located loudspeakers attached to and/or operated from a vehicle. Sound amplifying equipment, as used in this title, shall not be construed as includei standard automotive audio systems installed as factory or dealer original equipment, ng standard automobile radios when used and heard warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic and public safety purposes. This definition shall include remotely located loudspeakers attached to and/or operated from a vehicle. (Ord. 1697 § 2 (part), 1979) 12.04.640 Sound level meter. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Ttype S2A 2 or S2A sound level meters, ,_per American National Standards Institute specifications for sound level meters, S1.4 19711983, or more current revision. (Ord. 1697 § 2 (part), 1979) 12.04.660 Sound truck. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto, any sound -amplifying equipment. A. "Noncommercial use of sound trucks" includes the delivery of political, nn,............-.....1 ...... ..F e.... �r.rl +r� �nLou promotional messages-ethe . (Ord. 1697 § 2 (part), 1979) 8 Attachment "A" 12.04.680 Vibration perception threshold. "Vibration perception threshold" means the minimum ground -borne or structure - borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz. (Ord. 1697 § 2 (part), 1979) 12.04.700 Weekday. "Weekday" means any day, Monday through Friday, which is not a legal holiday. (Ord. 1697 § 2 (part), 1979) Chapter 12.06 EXTERIOR NOISE LIMITS 12.06.020 Maximum permissible sound levels by receiving land use. A. The noise standards for the various categories of land use as presented in Table Ill of this Chapter and set f� orth in tterms for various categories of land uses defined in Chapter 18.10 in -of the city land use code set forth in Chapter 18.10, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table Ill. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated; any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental noise level and/or nuisance interpretation noise level, or both, of the applicable limits given in Table 114111 of this chapter at any point on or beyond the boundaries of the property on which the sound is produced. E. 1. Environmental noise shall be measured assessed by the A -weighted equivalent sound level (Leq) for any hour (Leq(h)). 2. Nuisance noise shall be measured assessed as an A -weighted sound level not to be exceeded at any time. Nuisance noise is not subject to hourly averaging as Leg(h). The sound level of an event may be assessed by sound level meters or recording devices, or by other objective methods. However, 9 Attachment "A" failure or inability to conduct measurements of the sound level shall not bar enforcement or abatement. 3. Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. (Ord. 1697 § 2 (part), 1979) 12.06.040 Corrections to exterior noise level limits. A. If the noise is continuous as defined in Section 12.04.120, the Leg Lee for any hour will -can be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.32, the Leg Lee for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise_, as judged by the code enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech , the standard limits set forth in Table III shall be reduced by 5 dBdB. D. If the. measured ambient level exceeds that permissible in Table III, the allowable noise cxposure level standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise vielationsviolation source is not operating. TABLE III EXTERIOR ENVIRONMENTAL NOISE LIMITS1,2,3 1. Environmental Noise —shall be measured as Leq in any hour (Leq(h)). 2. Nuisance Noise —shall be measured as a decibel level Net -not to be exceeded at any time. 3. Except when other hours are specified in Chaster 12.10. 10 Attachment "A" RECEIVING LAND USE CATEGORY Allowable Noise Level (dbc1_13 (A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (cxccpt Mmulti witless than 9 dwelling units) 45 55 Multi -unit residential -(consisting of 9 dwelling units or 50 60 morel and pPublic space) Commercial 60 65 Light Industry Industry east of 1-5 70 70 Heavy Industry Industry west of 1-5 80 80 (Ord. 1697 § 2 (part), 1979) 11 Attachment "A" Chapter 12.08 INTERIOR NOISE LIMITS 12.08.020 Maximum permissible dwelling interior sound levels. A. No person shall operate or cause to operate, any source of sound within a residential dwel�,,. unit residential dwelling unit within a multifamily residential structure consistino of 2 or more dwelling units or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which thereby causes the noise level at the adjacent interior boundary wall of an affected property to exceed the environmental and/or nuisance intcrpretation of the applicable noise level limits given in Table IV. Type of Land Use Time Interval Maximum Allowable Interior Noise Level (dbdBA) No Time 1 min in 1 hour 5 or more mini in 1 hour Multifamily residential 10 pm-7 am > 45 <= 40 <= 35 (consisting of 2 or more units) Residentia 7 am-10 pm > 55 <= 50 <= 45 Multifamily residential (consisting of 2 or more units) I (> greater than) ( <= less than or equal to) 12 Attachment "A" B. If the ambient noise level inside the receiving dwelling unit exceeds that permissible within any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus 5 dBdB(A) for one minute in any hour and shall not exceed the ambient plus 10 dBdB(A) at any time. (Ord. 1697 § 2 (part) 1979) 12.08.040 Correction for character of sound. In the event the an alleged offensive noise event , as judgcd by the codo cnforcement officer, contains a steady, audible tone such as a whine, screech, or hum, or is an impulsive and repetitive noise such as hammering or riveting, or contains music or speech , the standard limits set forth in Table IV shall be reduced by 5 dBdB. (Ord. 1697 § 2 (part), 1979) Chapter 12.10 PROHIBITED ACTS 12.10.020 Noise disturbances prohibited —general prohibition. A. No person shalllt is unlawful to unnecessarily make, continue, or cause to be made or eentinued,continued any noise disturbance. (Ord. 1697 § 2 (part), 1979) B. Violations of this title may be charged under this sectionor as a violation of a more specific section delineated elsewhere in this chapter or title. 12.10.040 Prima facie evidence of violation. A. -Except where a higher noise limit is specified in this chapter 12.10 or Table III of cha ter 12.06 any noise that is audible at a distance of fifty (50) feet or more from the source of the sound, shall be prima facie evidence of a noise disturbance. B. ThcThc acts set forth in this chapter_, —and the causing or permitting thereof, are declared to be specific examples constituting noise disturbances in violation of this title. C. The decibel levels specified in Table III of chapter 12.06 when assessed for nuisance noise shall be measured pursuant to section 12.06. 020 (E) (2) as a noise level not to be exceeded at any time, and shall not be subject to hourly averaging as Leq(h). (Ord. 1697 § 2 (part), 1979) 12.10.060 Radios, television sets, musical instruments and similar devices. It is unlawful to Qoperateing, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: A. Between the hours of ten p.m. and seven a.m. in such a manncrat a level as tathat create a noise disturbancoexceeds the interior noise limits of Table IV of chapter 12.08 across the interior wall or boundary separating attached 13 Attachment "A" multifamily dwelling units from each other, or the exterior noise limits of Table III of chapter 12.06 across a residential or commercial real property linc;line; or, at any time to violate the provisions of Section 12.06.020, except for activities for which an exception has been issued per pursuant Chapterto Chapter 12.16; or B. In such a manner as to exceed the levels set forth for public space in Table III of chapter 12.06, measured at a distance of at least twenty-five feet from such device operating on a public right-of-way or within or upon a public space. 12.10.080 Loudspeakers (Amplified sound) (Sound -amplifying equipment). A. Except as otherwise provided in chapter 12.14 for sound trucks it is unlawful to Uuseing or operating operate outdoors for any purpose any sound amplifying equipment, including a loudspeaker, loudspeaker system, or similar device, between the hours of ten 9 p.m. and seven8 a:ra.m.., such that the sound outdoors in a residential of -and commercial real-propert zone; or at any other time so as to violates the noise level provisions of Section 12.06.020_ B. This prohibition shall not apply to an activity for which an exception exception has been issued, as set forth in pursuant-Chapterto Chapter 12.16 for environmental noise. �C 7-9) It is unlawful to operate any sound amplifvino equipment that is not provided with an operable volume limiting control device or switch. 12.10.090 Projection of telephone sound. The use of sound -amplifying equipment a loudspeaker syctcm or similar device to project telephone sound in or to any outdoor area is expressly prohibited. Any such system in existence upon the effective date of the ordinance codified in this section shall immediately be removed. (Ord. 2064 § 1, 1993) 12.10.100 RESERVED 12.10.100 St eet sale_ apter 12.16. The provisions of this section ses, or other similar 12.10.120 Animals and birds. Owning, posse sing or harboringlt is unlawful to allow any animal or bird which frequently, or for long duration,to howls, barks, meows, squawks, or makes a other sounds characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive 14 Attachment "A" zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period..- This provision shall not apply to public zoos. (Ord. 1697 § 2 (part), 1979) 12.10.140 Loading and unloading. It is unlawful to load, unload, open, close or otherwise handle ef-boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to douse a noise disturbancocreate a noise disturbance across a residential real property lineL or that at any time to -violates the provisions of Section 12.06.020 (Ord. 1697 § 2 (part), 1979) . 12.10.160 Construction/demolition. A. Except as provided in sections 12.10.160 B , it is unlawful to A. Operating or causing operate or to allow or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line that violates the provisions of section 12.06.020. , except for B. Subsection A shall not apply to: emergency work of -performed by public service utilities; work on private property that is necessary for fire and life safety; orb exception as set forth_ work permitted pursuant to Chapter 12.16.E Thic to the use of domestic power tools as cpecified allowed in Section 12.10.300. BC Noise Res+ i_ti_ sat Affected Pr„perties_ Noise from Gconstruction or demolition activities shall be conducted in such a manner thatnot exceed the maximum noise levels at or within the boundaries of affected properties will -net exceed those listed in the following schedule at all other times: (Continued on Page 16) 15 Attachment "A" Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Type I Areas Residential Type II Areas Semi -Residential/ Commercial Daily, except Sundays and Legal Holidays, between7 75 dBdBA 85 dBdBA a.m. to 7 p.m. Daily, 7 to 7 gyp` 70 dBA p.m. all day a.m. and Sunday -and —Legal Holidays Conctruction/Demolit ion Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long --term operation (periods of 10 days or more) of stationary equipment: Type I Areas Residential Type II Areas Semi -Residential/ Commercial Daily, except Sundays and Legal Holidays, 7 a.m. to 7 p.m. 60 dBdBA 70 dBdBA 7 50 dBA 60 dBA Daily, 7 p.m. to all day a.m. and Sunday and Legal Holiday - (Ord. 1697 § 2 (part), 1979) 16 Attachment "A" *********12.10.180 Vibration. It is unlawful to operate or permit the operation of any device that creates a vibration which is-aboveexceeds the vibration perception threshold of an individual at or beyond the property boundary of the source if the source originates on private property} or at a distance of one hundred fifty feet or more from the source if originating from a location on a public space or public right-of-way. Vibration that occurs as an incidental result of sound generation shall not be governed by this section only. but also by the prohibitions or restrictions applicable to the source of the sound.(Ord. 1697 § 2 (part), 1979) 12.10.200 Powered model vehicles. It is unlawful to perate or permit the operation of powered model vehicles: A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise disturbance acroc.,disturbance across a residential or commercial real property line} or at any time to violate the provisions of Section 12.06.020-• or B. In such a manner as to exceed the levels set forth for public space use in Table III of chapter 12.06 measured at a distance not less than one hundred feet from any point on -along the path of a -the particular model vehicle being operateding on the public space or public right-of-way. (Ord. 1697 § 2 (part), 1979) 12.10.220 Stationary nonemergency signaling devices. A. Except as provided in section 12.10.220B, it is unlawful to A. Sounding or permittingsound or permit the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intendeddesigned primarily for nonemergency purposes, from any place, for more than ten seconds continually; in an hourly period, or intermittent y sounding over one thirty-second cumulative period in any hour. B. Sound sources covered by this provision may be exempted or modified by special cxccptions, as set forth inauthorization pursuant to -Chapter 12.16. (Ord. 1697 § 2 (part), 1979) 12.10.240 Emergency signaling devices. A. Except as provided in section 12.10.240B, it is unlawful to intentionally sound or permit A. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes_ or for testing, as provided in subsection B of this section. 17 Attachment "A" -B. 1. Testing of a stationary emergency signaling device is only permitted aftershall not occur bcforc seven a.m. or -and before after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. 2. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B(I) shall not apply to such complete system testing. C. Sounding or permitting the sounding of any exterior filar security or fire alarm or any motor vehicle burglar security alarm for more than fifteen minutes is prohibited. (Ord. 1697 § 2 (part), 1979) 12.10.260 Motorized off -road vehicles operating off public right-of-way. -No per-son-shalllt is unlawful to operate or cause to be operated any motorized off -road vehicles off a public right-of-way or on private property in such a manner that the sound levels emitted therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized vehicles, whether or not duly licensed and registered or identified, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. (Ord. 1679 § 2 (part), 1979) 12.10.280 Noise sensitive zones. It is unlawful to: A. Creating or causingCreate or cause the creation within any noise sensitive zone of any sound ' ' that te-exceeds the specified land use noise standards set forth in Section 12.06.020, provided; that conspicuous signs are -are posted on each corner of the public right of wa at the perimeter of the zone displayed indicating the presence of the zone; or B. Creating or causingCreate or cause the creation of any sound within or adjacent to any noise sensitive zone; containing a hospital, nursing home, school, court or other designated arcaoccupancy, so as to interferc with the ;be audible at the exterior wall of a designated structure within that zone. -provided provided; that conspicuous signs are -are posted on each corner of the • ublic right of wa at the perimeter of the zone displayed indicating the presence of the zone. (Ord. 1697 § 2 (part), 1979) 12.10.300 Domestic power tools and machinery. It is unlawful to: A. Operating or permittingOperate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m.; so as to create a noise disturbance -across a residential or commercial real property line. 18 Attachment "A" B. To fail to enclose or muffle and to maintain Aany motor, machinery, pump, or other noise producing equipment, such as swimming pool equipment, etc., shall so as not -to create or allow the creation of a noise disturbance across a residential or commercial property line disturbance in accordance withexceedina the limits in Section 12.06.020. (Ord. 1697 § 2 (part) 1979) 12.10.320 Residential air conditioning or air handling equipment. It is unlawful to operate or permit the operation of any air conditioning or air handling equipment in such a manner as to exceed any of the sound levels specified in -Section 12.06.020. This applies only to units installed after adoption of the ordinance codifiod in this title. (Ord. 1697 § 2 (part), 1979) Chapter 12.12 SPECIAL PROVISIONS AND (EXEMPTIONS) 12.12.020 Warning devices. Warning devices on public transportation and public vehicles that are necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, are exempted from the provisions of this title. (Ord. 1697 § 2 (part) 1979) 12.12.040 Outdoor activities exemptions. The provisions of this title shall not apply to: occasional outdoor gatherings, public dances, shows, and sporting and entertainment events (excluding r larl ched led cchenl athletic events)provided the evens are conducted pursuant to a permit or license issued by the city relative to the staging of the events. under chapter 15.60; to regularly scheduled school activities conducted by a community college or school district; or, to activities for which noise control parameters and regulations have been adopted pursuant to chapter 18.116 of the Land Use Code. The permit authority, as set forth in Chapter 18.116 of the land use code, may, aside from this title, regulate and control noise caused by such outdoor activity. (Ord. 1697 § 2 (part), 1979) 12.12.060 Exemptions from exterior noise standards. The provisions of Section 12.06.020 shall not apply to activities covered by the following sections: A. Section 12.10.100, street sales prohibited unless exception is granted per Chapter 12.16. (Sec also Chapter 18.92 LUC); -GA. Section 12.10.220, stationary nonemergency signaling devices; 19 Attachment "A" DB. Section 12.10.240, emergency signaling devices; -FC. Chapter 12.14, sound trucks; GD. Section 12.16.020G, wherein noise limit exceptions or excesses allowances are specifically provided for in the issuance of any temporary use permit pursuant to Chapters 15.60 or 18.116, or in other city council approvals of any parades, civic functions or gatherings such specifics shall prevail for which noise control is specifically provided for or regulated. (Ord. 1697 § 2 (part), 1979) ME. Automotive noise •enerated b vehicles mooed eauipped and operatin• on public rights of way in accordance with California Vehicle Code. 12.12.080 Federal or state preempted activities. Any other activity to the extent noise regulation thereof has been preempted by state or federal law is exempted from the provisions of this Title 12. (Ord. 1697 § 2 (part), 1979) Chapter 12.14 SOUND TRUCKS 12.14.020 Sound trucks--Sound-amplifying equipment. It is unlawful for any person to operate a sound truck or any vehicle equipped with sound -amplifying equipment without a valid sound truck operating license as provided for in this chapter or in any manner contrary to the provisions of this chapter. (Ord. 1697 § 2 (part), 1979) 12.14.40 RESERVED has authorized such a license, and until a fee in an amount to be determined hat-, been paid. (Ord. 1697 § 2 (part), 1979) 12.14.060 RESERVED 20 Attachment "A" All -such use h II be tin n sIyr com lian e . ith the terms_and editions attached to such license TTcs,-TJ--C(iccwr,vq -w v.wv+. vv. w... g equipment has been certified been paid. (Ord. 1697 § 2 (part), 1979) 12.14.080 Applications for license. Persons applying for sound truck operating licenses shall make written application to the police department. The form and content of applications for sound truck licenses shall be prescribed by the city manager. (Ord. 1697 § 2 (part), 1979) 12.14.100 RESERVED public convenience and nc. chapter. 9) 12.14.120 Inspections and equipment conditions required for issuance of sound truck operating license. A. All sound -amplifying equipment regulated hereunder under this chapter shall be inspected and certified by the police department for compliance with this section before a license is -can be issued} and may be inspected at any other time ordered by the chief of police or his dclegatodesignate whenever there is a reasonable basis for concluding that a violation of this title or chapter has occurred. Such inspection shall be made at time and place designated by the police department. B. \ A /he a th lice department find_ that sound_ amplifying equipment its being used in probable violation of the sound level limits set forth in this title or in 1979)-The vehicle upon which the sound am Ii in e ui ment is installed must 21 Attachment "A" meet all safety and equipment requirements of the Vehicle Code and a current certificate of insurance evidencing the public liability requirements for that vehicle shall be presented. C. Exterior sound-amplif in. equipment shall be securel mounted to the bod of the vehicle b means of bolts or otherfastenin• devices of sufficient strength to prevent loss of the equipment during vehicle operation. D. The sound amplifying equipment shall be mounted on the vehicle so as to pro'ect sound forward along the •ath of vehicle travel with the e•uipment axis more or less parallel to the centerline of the vehicle. not to exceed fifteen (15 degrees to either side of the centerline. E. The interior of the vehicle shall be equipped at all times with a volume control - limiting device that is marked and calibrated to not allow the sound levels that are prescribed by this chapter for mobile and stationary operation to be exceeded. The Police department shall conduct acoustic measurements and ensure that the marks and calibration registered on the volume control -limiting device meet the requirements of this Title includina the operating noise limits. The volume control limiting device must be capable of controlling the sound level at all times during operation. 12.14.140 Issuance of sound truck operating license. A. The city treasurer shall issue a sound truck operating license for each application feund-certified by the Chief of Police to be in compliance with this chapterSection 12.14.120. Each sound truck operating license shall be for a specific duration as stated thereon. A business license shall also be required for all sound trucks for hire that are or will be conducting business within the city pursuant to Chapter 6.04. B. In no case shall a sound truck operating license be in effect for more than thirty days, ef-asunless otherwise specified by city council action pursuant to chapter 15.60. C. Any sound truck operating license application denied by the city treasurer. shall be promptly returned to the applicant with a statement of reasons for that denial. D. Copies of all sound truck operating licenses issued or denied shall be sent to the chief of police and city manager. (Ord. 1697 § 2 (part), 1979) 12.14.160 Possession and display of sound truck operating licenses. A licensee shall keep such the sound truck operating license in his or her possession in the sound truck during the time the sound truck's sound -amplifying equipment is in operation. The sound truck operating license shall be promptly displayed and shown to any code enforcement officer or policeman of the city, upon request. (Ord. 1697 § 2 (part), 1979) 22 Attachment "A" 12.14.180 Surrender and suspension of sound truck operating license. Whenever a police department inspection or investigation reveals that sound - amplifying equipment is being operated in violation of this chapter or in violation of the terms and conditions attached to a sound truck operating license, the investigating officer may suspend and may demand the immediate surrender of such the sound truck operating license. Upon such demand for suspension of sound operations and surrender of the license, the licensee shall immediately stop using the sound -amplifying equipmentuse and surrender the license. Failure to stop he sound operation -shall authorize the impoundment of the sound -amplifying equipment including the vehicle if the sound amolifyin eauipment cannot be conveniently removed, pending an administrative hearing. The operator shall be advised verbally or in writing of the ri ht to an administrative appeal under section 12.14.200.(Ord. 1697 § 2 (part) 1979) 12.14.200 Administrative hearing. Within the next succeeding work business day of following the suspension of a sound truck operating license} the licensee shall; upon verbal or written demand; be given the opportunity for an administrative hearing and review before the city manager or his delcgatcdesignate .The designate shall not be a member of the department of the officer ordering the suspension. At the time of such hearing, the city manager or designate may reverse the suspension, or affirm or —modify it or reverse the suspension upon making a finding that preservation of public health, safety and welfare warrants such action. Such determination shall thereafter be administratively final. (Ord. 1697 § 2 (part), 1979) 12.14.220 Regulations for use. It is unlawful for any persons to operate or cause to be operated any sound truck or sound -amplifying equipment mounted on a sound truck in violation of the following regulations: A. The only sounds permitted are -shall be music or human speech combination. B. Sound °operations are permitted between the hours of eighta.m. and nine p.m. or after nine p.m.prohibited after 9 p.m. and before 8 a.m. in all zones, and may be allowed after 9 p.m. in other than residential zones during public events and affairs of interest to the general public. only pursuant to a temporary use permit issued under chapter 15.60. Sound operations may be ordered suspended by the chief of police or designate whenever sound truck operations are impeding traffic. 23 Attachment "A" C. Sound -amplifying equipment shall not be operated unless the sound truck longer than one minute at each stop. unless the sound system is provided with an o•eratin• volume -limiting device meetin• the re•uirements of section 12.14.120, and all the other operatin• and eaui •ment conditions set forth in that section are met. D. Sound amplifying equipment shall not be issued operated within one hundred yards of hospitals, schools, or churches at any time., or courthouses. E. The human speech and music amplified shall not be profane, lewd, indecent or obscene. FE. The volume of sound shall be controlled so that the volume is not unreas:;n -lam ud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility and so that the volume of sound shall not exceed a sound level of sixty-five (65)_decibels (on the "A" scale)dbA at a distance of fifty (50) feet from the sound -amplifying equipment as measured by a sound level meter, w hich meet St nd rd N 5. 1 A f th I I S A Standards Institut When the sound truck is stopped in traffic or for more than one minute, the sound level shall be adjusted so as not to exceed fift 501 dbA at a distance of fifty (50 feet. GF. No sSound-amplifying equipment shall not be operated unless the equipment is be operated unless the axis of the center of any sound reproducing equipment used shall be mounted facing forward and no more than fifteen degrees to either side of the parallel to the direction of travelcenterline of the sound truck_; side f the ins. f then to f the direction ofvf tr-gave MG. No sound truck with with sound-amplifyinq device equipment in operation shall be driven on the same street past the same point more than twice in a period of one hour. (Ord. 1697 § 2 (part) 1979) H. Sound -amplifying equipment shall not be operated on a sound truck unless a valid sound truck operating license issued pursuant to section 12.14.140 is in existence. Chapter 12.16 EXCEPTIONS 12.16.020 Special permit exceptions for environmental noise. A. The planning commission is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises. 24 Attachment "A" B. Any person seeking an exceptions pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits as provided in Section 18.128.060 B et seq.18.116.060 through 9018.116.090. The application shall contain inftenon hich, '' ^ motes that bringing the son or seundinformation that demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute an unreasonable hardship on the applicant, on the community, or on other persons. } dred-deAar-sThe fee prescribed in the National City Fee Schedule shall accompany the application. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for an exception shall be published according to Section 18.130.080 of the National City Land Use Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the planning commission containing any information to support his claim. C. In determining whether to grant or deny the application, the planning commission shall balance the hardship on the applicant, the community, and other persons of not granting the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting such exceptions may be required to submit such information as the planning commission may reasonably require, including sound level studies. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the exception. D. Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The exception shall not become effective until all conditions arc agreed to by the applicantthe applicant agrees to all conditions. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this title for which the exception was granted. E. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B of this section. F. The planning director will issue guidelines defining the procedures to be followed in applying for an exception and the criteria to be considered in deciding whether to grant the exception. G. Wherein noicoNoise limit exceptions or excesses allowances are -specifically provided for in the issuance of any temporary use permit pursuant to Chapter 18.l l8exception granted under this Chapter or in -the city council approval of a temporary use permit pursuant to chapter 15.60 for of any parades, civic functions or gatheringsother special events, such specifics shall prevaitnot be 25 Attachment "A" considered a noise disturbance. H. Estoppel. An application for exception shall have no effect until properly granted hereunder. Enforcement of violations shall be proper at any time prior to such granting. (Ord. 1697 § 2 (part), 1979) 12.16.040 Exceptions for time to comply. theThe owner of any commercial or industrial source of an environmental noise or sound source may apply to the planning commission for an exception in the length of time allotedallotted to achieve compliance with the provisions of this title. The planning commission shall have the authority, consistent with this section, to grant an exception not to exceed one year from the effective date of the ordinance codified or amended in this title. The same procedures and considerations as followed under Section 12.16.020 shall apply. (Ord. 1697 § 2 (part), 1979) Chapter 12.18 ENFORCEMENT 12.18.020 Violations and penalties. disturbance shall be an infraction. Enforc E. The violation of this title by making or allowing a nuisance noise disturbance shall be an infraction for a first violation. B. Re•eat violations ma be prosecuted as misdemeanors under the 'revisions of section 1.20.020. (Ord. 1971, 1989; Ord. 1727 § 1, 1980; Ord. 1697 § 2 (part), 1979; Ord. 1621, 1978) 12.18.040 Environmental noise. A. Classification of Environmental Noise. The planning director or designate is responsible for administration and enforcement of environmental noise, andThe CEO shall making determinationse that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to Section 12.04.480A, is -as an environmental noise. The CEO may use Appendix A of 26 Attachment "A" chapter 12.22, t' ched + dina^ codified in this title, shall be used as an aid in making such determinations. The planning director may make "determinations"determinations as providcd for by land use code,pursuant to Section 18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound level meters shall be used, when practicable or available, to measure the level of a noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, and the Planning Director may use other available evidence to justify such action. B. Responsibility. The planning director shall be responsible for investigation and enforcement of environmental noise disturbances. C. Guidelines. The planning director may, from time to time, promulgate additional guidelines for administration and enforcement of the provisions of this title pertaining to noise violations. D. Abatement. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days, and nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly or both, as a violation of this title. Abatement of the noise disturbance shall terminate further enforcement action regarding a particular environmental noise disturbance, unless the event is repeated. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified i"sued by the planning director or designate. (Ord. 1697 § 2 (part), 1979) 12.18.060 Nuisance noise. A. Classification of Nuisance Noise. The chief of police shall determine thator designate is responsible for administration and enforcement of any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to defined under Section 12.04.480B or chapter 12.10. is a -nuisance noicc. The chief of police may use Appendix A, hereto, of chapter 12.22 may be used as an aid in making such determinationsAt the request of the chief of police, the planning director may make determinations as provided for boy- heunder National City Land Use Code, Section 1-318.104.030 for classifying nuisance noise sources not specifically mentioned in Appendix A. B. Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. 27 Attachment "A" C. Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. Sound level meters shall be used, when practicable or available, to measure the level of the noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations. •rovided there is other objective evidence available to iustif such action. D. Abatement Order. The officer responsible for enforcement of any provisions of this section may -shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. within easonab!e `.iime periiod (Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement not to exceed thirty (30) days: nuisance noise disturbances may be ordered abated immediately. If the source of the noise is ecauip fed with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be heldbe enforced criminally or civilly, or both, as a violation of this title. (Ord. 1697 § 2 (part), 1979) 12.18.080 Enforcement of noise disturbances that are both environmental and nuisance. A. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the chief of policoplanning director upon consultation by the chief of police. makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall then apply. B. Nothing contained in this provision shall limit the city's ability to prosecute or abate noise violations as both environmental and nuisance noise. (Ord. 1697 § 2 (part), 1979) 12.18.090 Noise disturbance measurement procedure. -Upon receipt of a complaint, the code enforcement officer shall investigate the complaint measure the sound level using a sound level meter whenever practicable, and gather non -acoustic data to ade•uatel define the noise problem. A. Non -acoustic data. Non -acoustic data shall consist of the following: the type of noise source; location of the source relative to the affected property. time period(s) and duration during which the noise source is considered to be a disturbance; and the date and time(s) of the noise measurement surve B Exterior Noise measurement procedure. Noise measurement procedure using a sound level meter defined in Section 12.04.640 shall use the "A" weighting scale and the "slow" meter response except that the "fast" response shall be 28 Attachment "A" used for impulsive t pe sounds. Measurements shall be taken at any •oint on the receiving property with the microphone located at a hei•ht between four to five feet (4'-5') above the ground. and at least ten feet (10') from the source and any nearest reflective surface if •ossible. The microphone shall be •laced so as to take into account any relevant topography or an acoustical aberration or irregularity. C. Interior noise measurement procedure. If the complaint is related to interior noise the "A" wei • hted scale, "slow" response for fast" if impulsive) shall be used, and measurements shall be taken within the affected dwelling unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with the windows open or closed in normal seasonal confi • uration. D. Calibration. The sound level meter shall be calibrated both immediately before and after recording any noise data, using an acoustic calibrator. 12.18.100 Violations: Additional remedies --Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery which causes or creates sound levels or vibration exceeding the allowable limits as -specified in this chapter title is declared to be a public nuisance, and may shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction or throu•h administrative means •ursuant to cha•ters 1.44 or 1.48. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from other law. (Ord. 1697 § 2 (part), 1979) A. After thirty days formal notice_of complaint to thc cnforcing agency, any citizcn of thc city may bring and maintain an action for injunctivc rclicf to compel cnforccmcnt of this title. person or entity from commcncing a civil action on hi3, her or its own behalf at any timo against any th orcon or ontit who is allcgcd to be in violation of any proviaiona of thia titic. (Ord. 1607 § 2 (part), 1070) Chapter 12.20 NOISE CORRIDOR(S) MAP 0 or• 12.20.010 Preparation and maintenance. The planning director shall prepare and maintain a noise corridors map showing noise contours of 60 dBdB(A) Ldn or higher along all public streets, highways, and freeways, for use in designing noise insulation systems for new buildings and as a guideline for administration of this title. (Ord. 1697 § 2 (part), 1979) 29 Attachment "A" 12.20.020 Contents and use. This map shall be based upon assessment of community noise survey data. It may also show designated noise sensitive zones, and related data for administrative use. A copy of the current noise corridor corridor map shall be posted in the planning department for public use. A copy shall be provided to the department of building and heusingsafety. (Ord. 1697 § 2 (part), 1979) Chapter 12.22 APPENDICES 12.22.020 Description, effect, and adoption. Appendices as described in Chapter 18.136 may be adopted to supplement this title. The effect of such appendices as well as adoption, amendment, and other administrative procedures shall also be as provided in Chapter 18.136. (Ord. 1697 § 2 (part), 1979) 12.22.040 Appendix A --Adoption. Appendix A to this title, codified in Section 12.22.060, is adopted concurrently with the adoption of the ordinance codified in this title. (Ord. 1697 § 2 (part), 1979) 12.22.060 Appendix A --Designated. (See attached) 30 Attachment "A" ACOUSTICAL REPORT ANALYSIS OF PROPOSED AMENDMENTS TO TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE Prepared for: City of National City Prepared by: Alexander Segal, Ph.D., INCE March 28, 1999 Attachment "B" TABLE OF CONTENTS PAGE SUMMARY OF FINDINGS III 1.0 INTRODUCTION 1 1.1 APPLICABLE NOISE STANDARDS 2 1.2 APPLICABLE ACOUSTICAL TERMS AND DEFINITIONS 4 2.0 AMENDMENTS TO SUBSECTION 12.06.020 E.3 5 3.0 AMENDMENTS TO SUBSECTION 12.06.040 D 7 4.0 CONCLUSIONS 12 5.0 REFERENCES 14 Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" ll SUMMARY OF FINDINGS The City of National City is planning to amend Subsections 12.06.020 E.3 and 12.06.040 D of Title 12 of the National City Municipal Code. At the City of National City request, this Acoustical Report analyzes potential acoustical implications of the proposed amendments. Based on the analysis of the proposed amendments, alternative modifications to Subsections 12.06.020 E.3 and 12.06.040 D of Title 12 of the National City Municipal Code are proposed. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" iii 1.0 INTRODUCTION The City of National City is planning to amend Title 12 ("Noise Control") of the National City Municipal Code. As part of this amendment, the existing language of Subsection 12.06.020 E.3 of Title 12 will be modified. Subsection 12.06.040 D of Title 12 will be deleted. Subsections 12.06.020 E.3 and 12.06.040 D are part of Chapter 12.06 ("Exterior Noise Limits") of Title 12. Subsection 12.06.020 E.3 is included in Section 12.06.020 - "Maximum permissible sound levels by receiving land uses." The City of National City is considering replacing the existing language of Subsection 12.06.020 E.3 by new language as follows: Existing language: Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected. Proposed language: Sound levels shall be measured at the boundary of the property where the noise source is generated. Subsection 12.06.040 D is included in Section 12.06.040 - "Corrections to exterior noise limits." As has been noted above, the City of National City is considering excluding (deleting) this Subsection from Title 12 of the National City Municipal Code. The existing language of Subsection 12.06.040 D is as follows: If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. This Acoustical Report analyzes potential acoustical implications of the proposed amendments. Based on the analysis contained in this Report, alternative modifications to Subsections 12.06.020 E.3 and 12.06.040 D are considered. Title 12 of the National City Municipal Code Amendments Attachment "B" 1 Acoustical Analysis Report 1.1 APPLICABLE NOISE STANDARDS The National. City Municipal Code addresses noise control regulations in Title 12 "Noise Control". Title 12 includes 11 Chapters that deal with different aspects of noise control (General Provisions, Definitions, Exterior and Interior Noise Limits, and others). Chapter 12.06 ("Exterior Noise Limits") includes 2 Sections (Section 12.06.020 and Section 12.06.040). Subsection 12.06.020 E.3 is included in Section 12.06.020. Subsection 12.06.040 D is included in Section 12.06.040). The following is the existing language of Sections 12.06.020 and 12.06.040: Section 12.06.020 — Maximum permissible sound levels by receiving land uses A. The noise standards for the various categories of land use as presented in Table III and set forth in terms defined in the city land use code set forth in Chapter 18.10, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given in Table III. E. 1. Environmental noise shall be measured by the equivalent sound level (Leq) for any hour. 2. Nuisance noise shall be measured as a sound level not to be exceeded at any time. 3. Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. (Ord. 1697 S2(part), 1979). Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment `B" Section 12.06.040 — Corrections to exterior noise limits A. If the noise is continuous as defined in Section 12.04.120, the Leq for any hour will be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.32, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise, as judged by the code enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table III shall be reduced by 5 dB. D. If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. TABLE III EXTERIOR NOISE LIMITS 1.2 1. Environmental Noise - Leq in any hour. 2. Nuisance Noise Not to be exceeded any time. Receiving Land Use Category Noise Level (dB(A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (except multi -unit) 45 55 Multi -unit residential (9 units or more public space) 50 60 Commercial 60 65 Light Industry (Industry east of 1-5) 70 70 Heavy Industrial (Industry west of 1-5) 80 80 Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment `B" 3 1.2 APPLICABLE ACOUSTICAL TERMS AND DEFINITIONS Chapter 12.04 of Title 12 of the National City Municipal Code includes the following Definitions that relate to information provided in Chapter 12.06: 12.04.040 A-weiqhted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated dB(A) or dBA. (Ord. 1697 S2(part), 1979). 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. (Ord. 1697 S2(part), 1979). 12.04.120 Continuous sound. "Continuous sound" means sound which is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour. (Ord. 1697 S2(part), 1979). 12.04.180 Decibel. "Decibel" means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. (Ord. 1697 S2(part), 1979). 12.04.220 Equivalent sound level (Leo). "Equivalent sound level (Leg)" means the average sound level measured over a stated time period. (Ord. 1697 S2(part), 1979). 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. (Ord. 1697 S2(part), 1979). 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring exceptional quiet. (Ord. 1697 S2 (part), 1979) 12.04.600 Real property boundary. "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including infra -building real property divisions. (Ord. 1697 S2 (part), 1979) . Section 12.22.060 of Title 12 includes Appendix A ("Designated"). Appendix A provides "Classification of Noise Sources" that lists main sources of "Environmental Noise" and "Nuisance Noise" considered in Title 12. The noise sources listed in the "Classification of Noise Sources" are subject to local regulations. Transportation noise sources such as traffic on public roadways, railroad line operations and aircraft in flight are not included in the "Classification of Noise Sources". Control of noise from these sources is preempted by Federal and State regulations. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 4 2.0 AMENDMENTS TO SUBSECTION 12.06.020 E.3 The existing language of Subsection 12.06.020 E.3 specifies that "Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected." The above language addresses specifics of sound propagation from a noise source to a receiving location. Similar language is included in Noise Ordinances of many local jurisdictions. Due to several acoustic phenomena, including so-called "geometric spreading", noise level decreases as the distance from the noise source increases. Depending on the type of the noise source, the rate of the sound level decrease with distance is different. For fixed noise sources (often called "point sources"), sound level decreases by 6 dBA per the doubling of distance from the noise source (drop-off rate of 6 dBA/DD). For so-called "line" noise sources (traffic, for example), sound level decreases by 3 dBA per the doubling of distance from the noise source (drop-off rate of 3 dBA/DD). At certain noise source and receiver heights above the ground and the ground conditions ("hard site" or "soft site"), additional noise reduction with distance may occur. Therefore, in realty, the drop-off rates may be somewhere between 6 dBA/DD to 7.5 dBA/DD for "point sources" and between 3 dBA/DD and 4.5 dBA/DD for "line" sources. Noise at the receiving location may be further reduced of topography or man-made constructions (building structures, noise attenuation walls, etc.) located between the noise source and the receiver. Because of this, at some locations along the sound propagation path, the noise levels could be lower than it can be expected based on the "geometric spreading" rules. The existing provision that "Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected" accounts for different aspects of sound propagation with distance. This provision allows verifying that noise from the alleged noise violations source complies with the permissible noise limit at any location within the affected property. The proposed provision that "Sound levels shall be measured at the boundary of the property where the noise source is generated" limits the noise compliance verification to the property boundary only. In some cases, this does not ensure that the permissible limit would not be exceeded at receiving locations inside the affected property. The following two examples illustrate the above finding: • The elevation of both the area where the noise is produced and the area where the receiving land use is located is higher than the elevation of the property boundary. Due to topography noise attenuation, the noise level at the property boundary can be lower than the noise level at the receiving location. Therefore, while the noise level at the property boundary may comply with the permissible exterior noise limit of Title 12, the noise level at the receiving location could exceed this limit. • The elevation of the property where the receiving land use is located is higher than the elevation of the property on which the noise is produced. Existing building structures and walls along the property boundary shield the property boundary from the noise source. The receiving land use at elevated locations has a direct line -of -sight to the Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 5 noise source. Because of the barrier noise attenuation effect of the existing building structures, the noise level at the property boundary can be lower than the noise level at the receiving location. As a result, while the noise level at the property boundary may not exceed the permissible exterior noise limit of Title 12, the noise levels at the receiving location could exceed this limit. If the City of National City want to ensure that the exterior noise limit is not exceeded at any location outside the property on which the sound is produced, the existing language of Subsection 12.06.020 E.3 should not be changed. If desired, it can be slightly clarified, for example, as follows: Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point beyond the boundary of the property on which the sound is produced (within the boundaries of the affected property). If the City of National City want to ensure that the exterior noise limit is not exceeded at the property boundary only, the proposed modifications to the Subsection 12.06.020 E.3 language should be applied. It should be noted that the existing language of Subsection 12.06.020 E.3 addresses the sound level measurement procedure (locations). It may be beneficial if Subsection 12.06.020 D, that deals with the permissible limits, would emphasize that the Exterior Noise Limits listed in Table III are applicable to any point on or beyond the boundaries of the property on which the sound is produced. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 3.0 AMENDMENTS TO SUBSECTION 12.06.040 D The existing language of Subsection 12.06.040 D specifies that "If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating." Similar language is included in Noise Ordinances of many local jurisdictions. The City of National City is considering excluding this Subsection from Title 12 of the National City Municipal Code. Subsection 12.06.040 D provisions address the effects of the existing ambient noise levels (noise levels when the alleged noise violations source is not operating) on the permissible noise limit and on the total noise level at the receiving location. Subsection 12.06.040 D provisions are associated with noise level summation and subtraction process. Logarithmic nature of terms used for assessing noise (decibels) does not allow simple arithmetic addition or subtraction of noise levels. Instead, the rules of the logarithmic summation and subtraction must be applied. Since these rules are somewhat complicated, simplified tables or charts are often used. According to decibel addition rules, when adding a noise level with another approximately equal noise level, the total noise level rises 3 dB. When two noise levels are 10 dB or more apart, the lower value does not contribute significantly (< 0.5 dB) to the total noise level. When combining sound levels that differ by less than 10 dB, Table 3.1 data may be used as an approximation. Table 3.1 yields results within t 1 dB of the mathematically exact value Table 3.1 Decibel Addition When Two Decibel Values Differ By: Add This Amount to the Higher Value Example: 0or1 dB 3dB 50+49=53 2or3dB 2dB 54+51=56 4 to 9 dB 1 dB 56+50 = 57 10 dB or more 0 dB 55+45 = 55 The following examples illustrate the effects of ambient noise levels on the permissible noise limit and on the total noise level at receiving location. The examples assume that at the receiving location the noise level produced by the alleged noise violations source is equal to the permissible limit given in Table III of Title 12. Using the rules of the logarithmic summation, the examples assess the effects of the ambient noise level on the permissible limit and on the total noise level at the receiving location. Title 12 of the National City Municipal Code Amendments Attachment "B" 7 Acoustical Analysis Report Example 1 (this example assumes that Subsection 12.06.040 D is deleted from Title 12) An alleged noise violations source ("Source") produces Leq(h)=50 dBA at a multi -unit residential land use between 10 p.m. and 7 a.m. According to Table Ill of Title 12, Leq(h)=50 dBA is the permissible noise limit for the above land use category between 10 p.m. and 7 a.m. Therefore, the noise level produced by the "Source" complies with the applicable noise level limit of Title 12. The total noise level at the receiving location also depends on the existing ambient noise level. The following Table shows changes in the total noise levels at the receiving location attributable to changes in the ambient noise levels. Table 3.2 Changing Ambient Noise Effects (Total Noise Level versus "Noise Source" Level) "Source" Noise Level (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Difference between Total and "Source" Noise Level, dBA 50 36 50.2 0.2 50 38 50.3 0.3 50 40 50.4 0.4 50 42 50.6 0.6 50 44 51.0 1.0 50 46 51.5 1.5 50 48 52.1 2.1 50 50 53.0 3.0 50 52 54.1 4.1 50 54 55.5 5.5 50 56 57.0 7.0 50 58 58.6 8.6 50 60 60.4 10.4 50 62 62.3 12.3 50 64 64.2 14.2 50 66 66.1 16.1 Table 3.2 shows that at low ambient noise level conditions, the alleged noise violations source ("Source") controls the total noise level at the receiving location. With the ambient noise level increase, the total noise level at the receiving location increases. When the ambient noise level is the same as the noise level produced by the "Source", the total noise level at the receiving location is 3 dBA higher than the "Source" noise level. Therefore, if the "Source" noise level reaches the exterior noise limit and the ambient noise level is the same as the exterior noise limit, the resultant total noise level exceeds the exterior noise limit by 3 dBA. With further ambient noise level increase, the total noise level become less dependent on the "Source" noise level. For example, when the ambient noise level is 60 dBA and the "Source" noise level is 50 dBA, the total noise level is only 0.4 dBA higher than the ambient noise level. Table 3.3 illustrates the above phenomenon. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 8 Table 3.3 Noise Source Contribution to Total Noise Level (Total versus Ambient Noise Level) "Source" Noise Level (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Difference between Total and Ambient Noise Level, dBA 50 50 53.0 3.0 50 52 54.1 2.1 50 54 55.5 1.5 50 56 57.0 1.0 50 58 58.6 0.6 50 60 60.4 0.4 50 62 62.3 0.3 50 64 64.2 0.2 50 66 66.1 0.1 Table 3.3 shows that in environments where ambient noise level is the same as the noise level attributable to the "Source", noise contribution from the "Source" can result in the total noise level being 3 dBA higher than the ambient noise level. As the ambient noise level increases, the "Source" effect on the total noise level rapidly decreases. The noise contribution from the "Source" to the total noise level is about 2 dBA when the ambient noise exceeds the "Source" noise level by 3 dBA. When the ambient noise exceeds the "Source" noise level by 6 dBA, the noise contribution from the "Source" to the total noise level is within 1 dBA. When the ambient noise exceeds the "Source" noise by 10 dBA and more, the noise contribution from the "Source" to the total noise level become negligible and can be ignored. Example 1 information can be summarized as follows: • When the ambient noise level is 10 dBA lower than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location does not exceed the exterior noise limit. • When the ambient noise level is equal to the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location exceeds the exterior noise limit by 3 dBA. • When the ambient noise level is 10 dBA higher than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location is the same as the ambient noise level. Title 12 of the National City Municipal Code Amendments Attachment "B" 9 Acoustical Analysis Report Example 2 (this example assumes that Subsection 12.06.040 D is not deleted from Title 12) At the receiving location described in Example 1, the "Source" noise level is allowed to be as high as the ambient noise level when the ambient noise level exceeds the exterior noise limit of Table III (Subsection 12.06.040 D provision that: "If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level"). When the ambient noise level is Leq(h)=50 dBA or less, the permissible limits is Leq(h)=50 dBA and the "Source" produces Leq(h)=50 dBA. When the ambient noise level exceeds Leq(h)=50 dBA, the noise level produced by the "Source" is the same as the ambient noise level. Using the rules of logarithmic summation, the following Table illustrates changes in the noise levels at the receiving location attributable to the above conditions. Table 3.4 Changing Ambient and "Source" Noise Effects (Total versus "Source" Noise Level) "Source" Noise Level (same as the permissible limit), dBA Ambient Noise Level, dBA Total Noise Level, dBA Difference between Total and "Source" Noise Level, dBA 50 36 50.2 0.2 50 38 50.3 0.3 50 40 50.4 0.4 50 42 50.6 0.6 50 44 51.0 1.0 50 46 51.5 1.5 50 48 52.1 2.1 50 50 53.0 3.0 52 52 55.0 3.0 54 54 57.0 3.0 56 56 59.0 3.0 58 58 61.0 3.0 60 60 63.0 3.0 62 62 65.0 3.0 64 64 67.0 3.0 66 66 69.0 3.0 Table 3.4 shows that at low ambient noise level conditions, the "Source" controls the total noise level at the receiving location. With the ambient noise level increase, the total noise level at the receiving location increases. When the ambient noise level is the same as the "Source" noise level, the total noise level at the receiving location is 3 dBA higher than the "Source" noise level. Therefore, if the "Source" noise level reaches the exterior noise limit and the ambient noise level is the same as the exterior noise limit, the resultant total noise level exceeds the limit by 3 dBA. With further ambient noise level increase and corresponding permissible noise level increase per Subsection 12.06.040 D provisions, the total noise level is always 3 dBA higher than the ambient noise level (the "Source" noise level is the same as the permissible noise level and the ambient noise level). Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report 10 Attachment "B" Example 2 information can be summarized as follows: • When the ambient noise level is 10 dBA lower than the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location does not exceed the exterior noise limit. • When the ambient noise level is equal to the exterior noise limit and the alleged noise violations source noise level is the same as the exterior noise limit, the total noise level at the receiving location exceeds the exterior noise limit by 3 dBA. • When the ambient noise level is 10 dBA higher than the exterior noise limit and the alleged noise violations source noise level is the same as the ambient noise level (permissible limit), the total noise level at the receiving location is 3 dBA higher than the ambient noise level. It should be noted that under controlled laboratory conditions, the trained healthy human ear can discern changes in sound level of 1 dB. In normal noise environment, outside the controlled conditions, the trained healthy human ear can detect changes of 2 dB. However, the average human ear can barely perceive noise level change of 3 dB. The noise level change of 5 dB is readily perceptible and the noise level change of 10 dB is perceived as doubling of noise ("sound twice as loud"). Based on the information given above, the following findings can be made: If the City of National City believes that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the "Source" noise level, is insignificant at any ambient noise level conditions, Subsection 12.06.040 D should not be excluded from the Noise Ordinance. The Subsection 12.06.040 D language can be slightly modified as follows: If the measured ambient noise level exceeds that permissible in Table III, the allowable noise standard shall be the ambient noise level. The ambient noise level shall be measured when the alleged noise violations source is not operating. If the City of National City believes that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the "Source" noise level, is significant at any ambient noise level conditions, Subsection 12.06.040 D should be excluded from Title 12. It should be noted that this would not prevent the total noise level being 3 dBA higher than the exterior noise limit when the ambient noise level and the "Source" noise level are the same as the exterior noise limit. However, when the ambient noise level is higher than the exterior noise limit, the total noise level increase attributable to the noise from the "Source" would be less than 3 dBA. In making the decision about deleting Subsection 12.06.040 D from Title 12, the issue of enforceability of Title 12 provisions may need to be considered. When ambient noise exceeds the permissible limit, it could be technically difficult to measure the noise level produced by the alleged noise violations source. While rules of logarithmic summation can be applied in this case, these rules are complicated and can be difficult to use by the enforcement personnel. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 11 4.0 CONCLUSIONS Based on the information provided in this Acoustical Analysis Report, the following conclusions can be made: If the City of National City want to ensure that the exterior noise limit is not exceeded at any location outside the property on which the sound is produced, the existing language of Subsection 12.06.020 E.3 should not be changed. Subsection 12.06.020 E.3 language can be clarified, for example, as follows: Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point beyond the boundary of the property on which the sound is produced (within the boundaries of the affected property). • If the City of National City want to ensure that the exterior noise limit is not exceeded at the property boundary only, the modifications to the Subsection 12.06.020 E.3 language considered by National City should be applied. • If the City of National City considers that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the noise level attributable to the alleged noise violations source, is insignificant at any ambient noise level conditions, Subsection 12.06.040 D should not be excluded from Title 12. Subsection 12.06.040 D language can be clarified as follows: If the measured ambient noise level exceeds that permissible in Table III, the allowable noise standard shall be the ambient noise level. The ambient noise level shall be measured when the alleged noise violations source is not operating. • If the City of National City considers that a 3 dBA noise level increase, that occurs when the ambient noise level is the same as the noise level attributable to the alleged noise violations source, is significant at any ambient noise level conditions, Subsection 12.06.040 D should be excluded from Title 12. It should be noted that the above act would not prevent the total noise level being 3 dBA higher than the exterior noise limit when the ambient noise level and the noise level produced by the alleged noise violations source are the same as the exterior noise limit. However, when the ambient noise level is higher than the exterior noise limit, the total noise level increase attributable to the noise from the alleged noise violations source would be less than 3 dBA. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 12 In addition to the above findings, the following suggestions are made regarding other noise - related issues: • It may be beneficial if Subsection 12.06.020 D of Title 12 would emphasize that the Exterior Noise Limits listed in Table III are applicable to any point on or beyond the boundaries of the property on which the sound is produced. • It may be beneficial if Title 12 would include information on permissible limits for transportation noise sources. Typically, such information is provided in the General Plan. However, the National City General Plan does not include this information. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 13 5.0 REFERENCES 1. National City Municipal Code, Title 12, Noise Control, October 15, 1979. 2. National City General Plan, September 10, 1996. Title 12 of the National City Municipal Code Amendments Acoustical Analysis Report Attachment "B" 14 Alexander Segal 10715 Sunset Ridge Drive, San Diego, CA 92131-2381 Tel: (619) 695-6809 01 JU►_ 12 PH I: 32 CITY July 11, 2001 Rudolf Hradecky, ESQ. Senior Assistant City Attorney City of National City City Attorney's Office 1243 National City Boulevard National City, CA 91950 RE: Revision of National City Noise Control Ordinance Dear Mr. Hradecky: I have reviewed the proposed revisions of City of National City Municipal Code Title 12 governing "noise control" (National City Noise Control Ordinance). It is my opinion that the revised document provides more complete information on acoustical terms, on sound level limits, and on methods of noise assessment than the existing Municipal Code Title 12. I believe that the information given in the revised sections of Title 12 (governing "noise control") would assist code enforcement officials in dealing with noise -related problems that may jeopardize the health and welfare and degrade the quality of life of National City citizens. Thank you for the opportunity to provide my consulting services to the City of National City. Please contact me if you have any questions. ,,e ALEXANDER SEGAL, Ph.D., INCE Attachment "C" NOISE CONTROL AND AMPLIFIED SOUND RESTRICTIONS This is a summary of United States and California case law dealing with noise control and freedom of speech. Noise control ordinances are constitutionally valid that are narrowly drafted, content neutral, time, place, manner regulations. The judicial context generally arises in the use of sound amplifying equipment to broadcast information. The Courts recognize that the use of amplified sound to communicate ideas and information is constitutionally permissible and a protected right that may, however, be regulated in a time, place, manner fashion, to include time and noise level limitations. See Wollam v. City of Palm Springs, 59 Cal. 2d 276 (1963). The Court noted that while it was not permissible to require sound truck operations to be conducted only when traffic allowed speeds in excess of 10 mph, it was permissible to require sound levels to be reduced when stationary operation is involved. Outright prohibition against amplification of the human voice above the normal speaking level from a speaker upon a public highway is also impermissible. See Maldonado v. County of Monterey, 330 F.Supp. 1282 (1971). The seminal case of Kovacs v. Cooper, 336 U.S. 71, rehearing denied, 336 U.S. 921 (1949) however held that an ordinance banning "loud and raucous noises "generated through sound amplifying devices was valid. The case noted that while it was impermissible to require prior discretionary approval from official authorities in order to broadcast sound, Saia v. New York, 334 U.S. 558 (1948), it was permissible to regulate the use of sound trucks using narrowly drafted objective standards and regulations pertaining to the hours and volume of sound amplified operation. California cases have maintained this theme, allowing uniformly imposed sound level restrictions on amplified sound to be valid, so long as there was not a discretionary element as to who could, or could not, use the devices to speak. In Haggerty v. Associated Farmers of California, 44 Cal. 2d 60 (1955), rehearing denied, March 3, 1955, the California Supreme Court held that a government has a legitimate interest in the preservation of safety and tranquility of its citizens, and upheld the Kovacs v. Cooper rationale of "loud and raucous noises". The Court held an ordinance was constitutionally valid that regulated sound volume, the hours of sound operation and the location from which sound operations are conducted. In Grayned v. City of Rockford, 408 U.S. 104 (1972), the U.S. Supreme Court held that a city ordinance which prohibited a person from willfully making a noise or diversion that disturbed or tended to disturb the peace or good order of a public school session was also constitutionally permissible. It referred to the rights of a government to require volume control and limits on amplified speech. The principle to be gleaned from these cases and others is that amplified sound can be regulated in a "content neutral, time, place manner" fashion based upon objective standards and non - discretionary regulations. Attachment "D" ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 12 PERTAINING TO NOISE CONTROL BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Title 12 is amended by changing the heading and the table of contents to read as follows: TITLE 12 NOISE CONTROL Chapters: 12.02 General Provisions 12.04 Definitions 12.06 Exterior Noise Limits 12.08 Interior Noise Limits 12.10 Prohibited Acts 12.12 Special Provisions and Exemptions 12.14 Sound Trucks 12.16 Exceptions 12.18 Enforcement 12.20 Noise Corridor(s) Map 12.22 Appendices Section 2. That Title 12 is amended in its entirety to read as follows: CHAPTER 12.02 GENERAL PROVISIONS Sections: 12.02.010 Title 12.02.040 Declaration of findings and policy 12.02.060 Criteria Section 12.02.020 Title. The ordinance codified in this title shall be known and may be cited as "The Noise Control Ordinance" of the City of National City. 1 Section 12.02.040 Declaration of fmdings and policy. Whereas, excessive noise and vibration are a serious hazard to the public health and welfare and the quality of life; and Whereas, the people have a right to and should be ensured an environment free from noise and vibration that may jeopardize their health or welfare or degrade the quality of life. Now, therefore, it is the policy of the City to prevent noise and vibration that may jeopardize the health or welfare of its citizens or degrade the quality of life. Section 12.02.060 Criteria. As criteria for this chapter, Table I is a chart showing sound levels and their expected impact in terms of human response. Table II is a list of National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency in their publication "Toward a National Strategy for Noise Control" April 1977. TABLE I SOUND LEVELS AND HUMAN RESPONSE Common Sounds Noise Level (dB) Effect Carrier deck Jet operation Air raid siren 140 Painfully loud Jet takeoff (200 feet) Thunderclap Discotheque Auto horn (3 feet) 130 120 Maximum vocal effort Pile drivers Chain saw (2 feet) 110 Garbage truck 767.10 Power lawn mower (4 feet) 100 Heavy truck (50 feet) City traffic 90 Very annoying Hearing damage (8 hrs) Alarm clock (2 feet) Hair dryer Vacuum cleaner 80 Annoying Noisy restaurant Freeway traffic Man's voice 70 Telephone use difficult Air conditioning unit (20 feet) 60 Intrusive Light auto traffic (100 feet) 50 Quiet Living room Bedroom Quiet office 40 Library Soft whisper (15 feet) 30 Very quiet Broadcasting studio 20 10 Just audible 0 Hearing begins This decibel (dB) table compares some common sounds and shows how they rank in potential harm to hearing. Note that 70 dB is the point at which noise may begin to harm hearing, that 60 dB is the threshold of stress response and 45 dB disturbs sleep. To the ear, each 10 dB increase seems twice as loud. TABLE II A. To take all practical steps to eliminate hearing loss resulting from noise exposure; B. To reduce environmental noise exposure to an Ldn value of no more than 75 dB immediately; C. To reduce noise exposure levels to Ldn 65 dB by vigorous regulatory and planning actions; D. To strive for an eventual reduction of noise levels to an Ldn of 55 dB. 3 CHAPTER 12.04 DEFINITIONS Sections: 12.04.020 Terminology 12.04.040 A -weighted sound level 12.04.060 Ambient noise level 12.04.080 Code Enforcement Officer 12.04.100 Construction 12.04.120 Continuous sound 12.04.140 Cumulative period 12.04.160 Day/night average sound level (Ldn) 12.04.180 Decibel 12.04.200 Demolition 12.04.220 Equivalent sound level (Leg) 12.04.240 Emergency work 12.04.260 Environmental noise 12.04.280 Fixed noise source 12.04.300 Impulsive sound 12.04.320 Intermittent sound 12.04.340 Intrusive noise 12.04.360 Licensed 12.04.370 Loudspeaker 12.04.380 Message 12.04.400 Mobile noise source 12.04.420 Motor vehicle 12.04.440 Motorboat 12.04.460 Muffler or sound dissipative device 12.04.480 Noise disturbance 12.04.500 Noise sensitive zone 12.04.520 Powered model vehicle 12.04.540 Public right-of-way 12.04.560 Public space 12.04.580 Pure tone 12.04.600 Real property boundary or real property line 12.04.620 Sound amplifying equipment 12.04.640 Sound level meter 12.04.660 Sound truck 12.04.680 Vibration perception threshold 12.04.700 Weekday Section 12.04.020 Terminology. All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standards ANSI S1.1-1971, or most current revision. 4 Section 12.04.040 A -weighted sound level. "A -weighted sound level" means the sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is often designated dB(A) or dBA. Section 12.04.060 Ambient noise level. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time. Section 12.04.080 Code enforcement officer. "Code enforcement office(r)" means any city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee having responsibility for making noise surveys, noise analyses, noise investigations and the administration of this chapter, other than enforcement. Section 12.04.100 Construction. "Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights -of - way, structures, utilities or similar property or similar activity upon public or private structures or land. Section 12.04.120 Continuous sound. "Continuous sound" means sound that is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour, unless otherwise provided. Section 12.04.140 Cumulative period. "Cumulative period" means an additive period of time composed of individual time segments that may be continuous or interrupted. Section 12.04.160 Day/night average sound level (Ldn). "Day/night average sound level (Ldn)" means a twenty-four hour average of the A -weighted sound level, with the level during the period ten p.m. to seven a.m. increased by ten dB before averaging. It is denoted "Ldn". It is typically used for assessing noise impacts from transportation noise sources. Section 12.04.180 Decibel. "Decibel" (also "dB") means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. Section 12.04.200 Demolition. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Section 12.04.220 Equivalent sound level (Leq). "Equivalent sound level (Leq)" means the average sound level of an event measured over a stated time period, typically one hour, in which case it may also be represented as "Leq(h)". Section 12.04.240 Emergency work. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. 5 Section 12.04.260 Environmental noise. See "Noise disturbance —environmental" as defined in Section 12.04.480A. Section 12.04.280 Fixed noise source. "Fixed noise source" means a stationary device that creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. Section 12.04.300 Impulsive sound. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. Section 12.04.320 Intermittent sound. "Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature. Section 12.04.340 Intrusive noise. "Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level. Section 12.04.360 Licensed. "Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. Section 12.04.370 Loudspeaker. "Loudspeaker" —see "Sound Amplifying Equipment". Section 12.04.380 Message. "Message" means any voice, music, sound or other audible stimulation. Section 12.04.400 Mobile noise source. "Mobile noise source" means any noise source other than a fixed noise source. Section 12.04.420 Motor vehicle. "Motor vehicle" means any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor vehicles subject to registration under the code, and all off -highway type motor vehicles subject to identification under the code. Section 12.04.440 Motorboat. "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code). 6 Section 12.04.460 Muffler or sound dissipative device. "Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine to reduce exhaust noise. Section 12.04.480 Noise disturbance. Any noise exceeding the noise level limits for a designated receiving land use category specified in Table III, or the noise emanating from any of the prohibited actions specified in Chapters 12.08, 12.10 or 12.14 is a noise disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some cases, both. A. Noise Disturbance —Environmental. Those noises resulting from land use activity normally permitted under the Land Use Code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by, the list in Appendix A of Chapter 12.22. B. Noise Disturbance —Nuisance. Those intrusive noises, other than environmental noises, which, because of their unusual presence, are or may be considered harmful to health and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and characteristics. A nuisance noise is a noise that constitutes a "public nuisance", as defined in Civil Code section 3479. Types of nuisance noise disturbances are further specified in, but not limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22. Section 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area designated by the planning commission for the purpose of ensuring noise control. Section 12.04.520 Powered model vehicle. "Powered model vehicle" means any self-propelled, airborne, waterborne or landbome plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car, or rocket. Section 12.04.540 Public right-of-way. "Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place that is owned or controlled by a government entity. Section 12.04.560 Public space. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity, other than the public rights of way. Section 12.04.580 Pure tone. "Pure tone" means any sound that is audible as a single pitch or a set of single pitches. Section 12.04.600 Real property boundary or real property line. "Real property boundary" or "real property line" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. 7 Section 12.04.620 Sound amplifying equipment. "Sound -amplifying equipment," means any machine or device using electronic, mechanical or combination means for the amplification of the human voice, music or any other sound. This includes handheld or portable loudspeakers and remotely located loudspeakers attached to and/or operated from a vehicle. Sound amplifying equipment, as used in this title, shall not include standard automotive audio systems installed as factory or dealer original equipment, warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic and public safety purposes. Section 12.04.640 Sound level meter. "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type 2 or S2A sound level meters, per American National Standards Institute specifications for sound level meters, S1.4-1983, or more current revision. Section 12.04.660 Sound truck. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto, any sound -amplifying equipment. Section 12.04.680 Vibration perception threshold. "Vibration perception threshold" means the minimum ground -borne or structure -borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz. Section 12.04.700 Weekday. "Weekday" means any day, Monday through Friday, which is not a legal holiday. Sections: 12.06.020 12.06.040 CHAPTER 12.06 EXTERIOR NOISE LIMITS Maximum permissible sound levels by receiving land use Corrections to exterior noise level limits Section 12.06.020 Maximum permissible sound levels by receiving land use. A. The noise standards presented in Table III of this chapter for various categories of land uses defined in Chapter 18.10 of the city land use code, shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table III. Where two or more dissimilar land uses occur on a single property, the more restrictive noise limits shall apply. B. Additional land use classifications may be added by resolution of the planning commission to reflect both lower and higher existing ambient levels than those shown. 8 C. Where doubt exists when making identification of receiving land use, the planning commission may make an interpretation in the manner provided by Section 18.134.020 of the land use code. D. No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed the environmental noise level or nuisance noise level, or both, of the applicable limits given in Table III of this chapter at any point on or beyond the boundaries of the property on which the sound is produced. E. 1. Environmental noise shall be assessed by the A -weighted equivalent sound level (Leq) for any hour (Leq(h)). 2. Nuisance noise shall be assessed as an A -weighted sound level not to be exceeded at any time. Nuisance noise is not subject to hourly averaging as Leq(h). The sound level of an event may be assessed by sound level meters or recording devices, or by other objective methods. However, failure or inability to conduct measurements of the sound level shall not bar enforcement or abatement. 3. Sound levels by receiving land use shall be measured at the boundary of the property on which the sound is produced (generated) or at any point within the boundary of the property affected. 4. Fixed location public utility distribution or fixed transmission facilities, located on or adjacent to a property line shall be subject to noise level limits of this section measured at or beyond six feet from the boundary of the easement upon which the equipment is located. Section 12.06.040 Corrections to exterior noise level limits. A. If the noise is continuous as defined in Section 12.04.120, the Leq for any hour can be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. B. If the noise is intermittent as defined in Section 12.04.320, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen minutes is, however, strongly recommended when dealing with intermittent noise. C. In the event the alleged offensive noise contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table III shall be reduced by 5 dB. D. If the measured ambient level exceeds that permissible in Table III, the allowable noise level standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violation source is not operating. 9 TABLE III EXTERIOR ENVIRONMENTAL NOISE LIMITS1,2,3 1. Environmental Noise —shall be measured as Leq in any hour (Leq(h)). 2. Nuisance Noise —shall be measured as a decibel level not to be exceeded at any time. 3. Except when other hours are specified in Chapter 12.10. RECEIVING LAND USE CATEGORY Allowable Noise Level (dB(A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (less than 9 dwelling units) 45 55 Multi -unit residential (Consisting of 9 dwelling units or more) and Public Space 50 60 Commercial 60 65 Light Industry Industry east of I-5 70 70 Heavy Industry Industry west of I-5 80 80 Sections: 12.08.020 12.08.040 CHAPTER 12.08 INTERIOR NOISE LIMITS Maximum permissible dwelling interior sound levels Correction for character of sound Section 12.08.020 Maximum permissible dwelling interior sound levels. A. No person shall operate or cause to operate, any source of sound within a residential dwelling unit within "a multifamily residential structure consisting of 2 or more dwelling units, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which thereby causes the noise level at the adjacent interior boundary wall of an affected property to exceed the applicable noise level limits given in Table IV. 10 TABLE IV Type of Land Use Time Interval Maximum Allowable Interior Noise Level (dBA) No Time 1 min in 1 hour 5 or more min in 1 hour Multifamily Residential (Consisting of 2 or more units) 10 pm-7 am > 45 < = 40 < = 35 Multifamily Residential (Consisting of 2 or more units) 7 am-10 pm > 55 < = 50 < = 45 ( > greater than) (< = less than or equal to) B. If the ambient noise level inside the receiving dwelling unit exceeds that permissible within any of the noise limit categories in Table IV, the allowable noise exposure standard in that category shall be the measured ambient for a cumulative period of five minutes in any hour, ambient plus 5 dB(A) for one minute in any hour and shall not exceed the ambient plus 10 dB(A) at any time. Section 12.08.040 Correction for character of sound. In the event an alleged offensive noise event contains a steady, audible tone such as a whine, screech, or hum, or is an impulsive and repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table IV shall be reduced by 5 dB. Sections: 12.10.020 12.10.040 12.10.060 12.10.080 CHAI'1'hR 12.10 PROHIBITED ACTS Noise disturbances prohibited —general prohibition Prima facie evidence of violation Radios, television sets, musical instruments and similar devices Loudspeakers (Amplified sound) (Sound -amplifying equipment) 11 12.10.090 Projection of telephone sound 12.10.100 Reserved 12.10.120 Animals and birds 12.10.140 Loading and unloading 12.10.160 Construction/demolition 12.10.180 Vibration 12.10.200 Powered model vehicles 12.10.220 Stationary non -emergency signaling devices 12.10.240 Emergency signaling devices 12.10.260 Motorized off -road vehicles operating off public right-of-way 12.10.280 Noise sensitive zones 12.10.300 Domestic power tools and machinery 12.10.320 Residential air conditioning or air handling equipment Section 12.10.020 Noise disturbances prohibited —general prohibition. A. It is unlawful to make, continue, or cause to be made or continued any noise disturbance. B. Violations of this title may be charged under this section, or as a violation of a more specific section delineated elsewhere in this chapter or title. Section 12.10.040 Prima facie evidence of violation. A. Except where a higher noise limit is specified in this Chapter 12.10 or Table III of Chapter 12.06, any noise that is audible at a distance of fifty (50) feet or more from the source of the sound, shall be prima fade evidence of a noise disturbance. B. The acts set forth in this chapter and the causing or permitting thereof are declared to be specific examples constituting noise disturbances in violation of this title. C. The decibel levels specified in Table III of Chapter 12.06 when assessed for nuisance noise shall be measured pursuant to section 12.06.020 (E) (2) as a noise level not to be exceeded at any time, and shall not be subject to hourly averaging as Leq(h). Section 12.10.060 Radios, television sets, musical instruments and similar devices. It is unlawful to operate, play or permit the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: A. Between the hours of ten p.m. and seven a.m. at a level that exceeds the interior noise limits of Table IV of Chapter 12.08 across the interior wall or boundary separating attached multifamily dwelling units from each other, or the exterior noise limits of Table III of Chapter 12.06 across a residential or commercial real property line; or, at any time to violate the provisions of Section 12.06.020, except for activities for which an exception has been issued pursuant to Chapter 12.16; or B. In such a manner as to exceed the levels set forth for public space in Table III of Chapter 12.06, measured at a distance of at least twenty-five feet from such device operating on a public right-of-way or within or upon a public space. 12 Section 12.10.080 Loudspeakers (Amplified sound) (Sound -amplifying equipment). A. Except as otherwise provided in Chapter 12.14 for sound trucks, it is unlawful to use or operate outdoors for any purpose any sound amplifying equipment, including a loudspeaker, loudspeaker system, or similar device, between the hours of 9 p.m. and 8 a.m. outdoors in a residential or commercial zone; and at any other time so as to violate the noise level provisions of Section 12.06.020. B. This prohibition shall not apply to any activity for which an exception has been issued pursuant to Chapter 12.16 for environmental noise. C. It is unlawful to operate any sound amplifying equipment that is not provided with an operable volume limiting control device or switch. Section 12.10.090 Projection of telephone sound. The use of sound -amplifying equipment to project telephone sound in or to any outdoor area is expressly prohibited. Any such system in existence upon the effective date of the ordinance codified in this section shall immediately be removed. Section 12.10.100 RESERVED Section 12.10.120 Animals and birds. It is unlawful to allow any animal or bird to howl, bark, meow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period. This provision shall not apply to public zoos. Section 12.10.140 Loading and unloading. It is unlawful to load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to create a noise disturbance across a residential real property line, or that at any time violates the provisions of Section 12.06.020. Section 12.10.160 Construction/demolition. A. Except as provided in Section 12.10.160 B, it is unlawful to operate or to allow or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise across a residential or commercial real property line that violates the provisions of section 12.06.020. B. Subsection A shall not apply to: emergency work performed by public service utilities; work on private property that is necessary for fire and life safety; work permitted pursuant to Chapter 12.16; or, to the use of domestic power tools as allowed in Section 12.10.300. C. Noise from construction or demolition activities shall not exceed the maximum noise levels at or within the boundaries of affected properties listed in the followingschedule at all other times: 13 Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: Daily, except Sundays and Legal Holidays, between 7 a.m. to 7 p.m. Type I Type II Areas Areas Semi -Residential/ Residential Commercial 75 dBA 85 dBA Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long --term operation (periods of 10 days or more) of stationary equipment: ype I Areas Residential Type II Areas Semi -Residential/ Commercial Daily, except Sundays 60 dBA 70 dBA and Legal Holidays, 7 a.m. to 7 p.m. Section 12.10.180 Vibration. It is unlawful to operate or permit the operation of any device that creates a vibration which exceeds the vibration perception threshold at or beyond the property boundary of the source if the source originates on private property, or at a distance of one hundred fifty feet or more from the source if originating from a location on a public space or public right-of-way. Vibration that occurs as an incidental result of sound generation shall not be governed by this section only, but also by the prohibitions or restrictions applicable to the source of the sound. Section 12.10.200 Powered model vehicles. It is unlawful to operate or permit the operation of powered model vehicles: A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of Section 12.06.020; or B. In such a manner as to exceed the levels set forth for public space use in Table III of Chapter 12.06 measured at a distance not less than one hundred feet from any point along the path of the particular model vehicle being operated on the public space or public right-of-way. 14 Section 12.10.220 Stationary non -emergency signaling devices. A. Except as provided in section 12.10.220B, it is unlawful to sound or permit the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, designed primarily for non -emergency purposes, from any place, for more than ten seconds continually in an hourly period, or intermittently over one thirty- second cumulative period in any hour. B. Sound sources covered by this provision may be exempted or modified by special authorization pursuant to Chapter 12.16. Section 12.10.240 Emergency signaling devices. A. Except as provided in section 12.10.240B, it is unlawful to intentionally sound or permit the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes. B. 1. Testing of a stationary emergency signaling device is only permitted after seven a.m. and before seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. 2. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B(l) shall not apply to such complete system testing. C. Sounding or permitting the sounding of any exterior security or fire alarm or any motor vehicle security alarm for more than fifteen minutes is prohibited. Section 12.10.260 Motorized off -road vehicles operating off public right-of-way. It is unlawful to operate or cause to be operated any motorized off -road vehicle off a public right-of-way or on private property in such a manner that the sound levels emitted therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized vehicles, whether or not duly licensed and registered or identified, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats. Section 12.10.280 Noise sensitive zones. It is unlawful to: A. Create or cause the creation within any noise sensitive zone of any sound that exceeds the specified land use noise standards set forth in Section 12.06.020, provided that conspicuous signs are posted on each corner of the public right of way at the perimeter of the zone indicating the presence of the zone; or B. Create or cause the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court or other designated occupancy, so as to be audible at the exterior wall of a designated structure within that zone, provided that conspicuous signs are posted on each corner of the public right of way at the perimeter of the zone indicating the presence of the zone. 15 Section 12.10.300 Domestic power tools and machinery. It is unlawful to: A. Operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line. B. To fail to enclose or muffle and to maintain any motor, machinery, pump, or other noise producing equipment, such as swimming pool equipment, etc., so as to create or allow the creation of a noise disturbance across a residential or commercial property line exceeding the limits in Section 12.06.020. Section 12.10.320 Residential air conditioning or air handling equipment. It is unlawful to operate or permit the operation of any air conditioning or air -handling equipment in such a manner as to exceed any of the sound levels specified in Section 12.06.020. CHAPTER 12.12 SPECIAL PROVISIONS AND EXEMPTIONS Sections: 12.12.020 12.12.040 12.12.060 12.12.080 Warning devices Outdoor activity exemptions Exemptions from exterior noise standards Federal or state preempted activities Section 12.12.020 Warning devices. Warning devices on public transportation and public vehicles that are necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, are exempted from the provisions of this title. Section 12.12.040 Outdoor activity exemptions. The provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events conducted pursuant to a permit or license issued under Chapter 15.60; to regularly scheduled school activities conducted by a community college or school district; or, to activities for which noise control parameters and regulations have been adopted pursuant to Chapter 18.116 of the Land Use Code. Section 12.12.060 Exemptions from exterior noise standards. The provisions of Section 12.06.020 shall not apply to activities covered by the following sections: A. Section 12.10.220, stationary non -emergency signaling devices; B. Section 12.10.240, emergency -signaling devices; C. Chapter 12.14, sound trucks; 16 D. Section 12.16.020G, wherein noise limit exceptions or allowances are specifically provided for in the issuance of any temporary use permit pursuant to Chapters 15.60 or 18.116, or in other city council approvals of parades, civic functions or gatherings for which noise control is specifically provided for or regulated. E. Automotive noise generated by vehicles properly equipped and operating on public rights of way in accordance with California Vehicle Code. Section 12.12.080 Federal or state preempted activities. Any other activity to the extent noise regulation thereof has been preempted by state or federal law is exempted from the provisions of this Title 12. Sections: 12.14.020 12.14.040 12.14.060 12.14.080 12.14.100 12.14.120 12.14.140 12.14.160 12.14.180 12.14.200 12.14.220 CHAPTER 12.14 SOUND TRUCKS Sound trucks —Sound -amplifying equipment Reserved Reserved Applications for license Reserved Inspections and equipment conditions required for issuance of sound truck operating license Issuance of sound truck operating license Possession and display of sound truck operating license Surrender and suspension of sound truck operating license Administrative hearing Regulations for use Section 12.14.020 Sound trucks —Sound -amplifying equipment. It is unlawful for any person to operate a sound truck or any vehicle equipped with sound -amplifying equipment without a valid sound truck operating license as provided for in this chapter or in any manner contrary to the provisions of this chapter. Section 12.14.040 RESERVED. Section 12.14.060 RESERVED. Section 12.14.080 ` Applications for license. Persons applying for sound truck operating licenses shall make written application to the police department. The form and content of applications for sound truck licenses shall be prescribed by the city manager. Section 12.14.100 RESERVED. 17 Section 12.14.120 Inspections and equipment conditions required for issuance of sound truck operating license. A. All sound -amplifying equipment regulated under this chapter shall be inspected and certified by the police department for compliance with this section before a license can be issued, and may be inspected at any other time by the chief of police or designate whenever there is a reasonable basis for concluding that a violation of this title or chapter has occurred. Such inspection shall be made at time and place designated by the police department. B. The vehicle upon which the sound amplifying equipment is installed must meet all safety and equipment requirements of the Vehicle Code, and a current certificate of insurance evidencing the public liability requirements for that vehicle shall be presented. C. Exterior sound -amplifying equipment shall be securely mounted to the body of the vehicle by means of bolts or other fastening devices of sufficient strength to prevent loss of the equipment during vehicle operation. D. The sound amplifying equipment shall be mounted on the vehicle so as to project sound forward along the path of vehicle travel, with the equipment axis more or less parallel to the centerline of the vehicle, not to exceed fifteen (15) degrees to either side of the centerline. E. The interior of the vehicle shall be equipped at all times with a volume control - limiting device that is marked and calibrated to not allow the sound levels that are prescribed by this chapter for mobile and stationary operation to be exceeded. The Police department shall conduct acoustic measurements and ensure that the marks and calibration registered on the volume control -limiting device meet the requirements of this Title, including the operating noise limits. The volume control -limiting device must be capable of controlling the sound level at all times during operation. Section 12.14.140 Issuance of sound truck operating license. A. The city treasurer shall issue a sound truck operating license for each application certified by the Chief of Police to be in compliance with Section 12.14.120. Each sound truck operating license shall be for a specific duration as stated thereon. A business license shall also be required for all sound trucks for hire that are or will be conducting business within the city pursuant to Chapter 6.04. B. In no case shall a sound truck operating license be in effect for more than thirty days, unless otherwise specified by city council action pursuant to Chapter 15.60. C. Any sound truck operating license application denied by the city treasurer shall be promptly returned to the applicant with a statement of reasons for that denial. D. Copies of all sound truck operating licenses issued or denied shall be sent to the chief of police and city manager. Section 12.14.160 Possession and display of sound truck operating license. A licensee shall keep the sound truck operating license in his or her possession in the sound truck during the time the sound truck's sound -amplifying equipment is in operation. The sound truck operating license shall be promptly displayed and shown to any code enforcement officer or policeman of the city, upon request. 18 Section 12.14.180 Surrender and suspension of sound truck operating license. Whenever inspection or investigation reveals that sound -amplifying equipment is being operated in violation of this chapter or in violation of the terms and conditions attached to a sound truck operating license, the investigating officer may suspend and demand the immediate surrender of the sound truck operating license. Upon such demand for suspension of sound operations and surrender of the license, the licensee shall immediately stop using the sound - amplifying equipment and surrender the license. Failure to stop the sound operation shall authorize the impoundment of the sound -amplifying equipment, including the vehicle if the sound amplifying equipment cannot be conveniently removed, pending an administrative hearing. The operator shall be advised verbally or in writing of the right to an administrative appeal under section 12.14.200. Section 12.14.200 Administrative hearing. Within the next succeeding business day following the suspension of a sound truck operating license, the licensee shall upon verbal or written demand be given the opportunity for an administrative hearing and review before the city manager or his designate. The designate shall not be a member of the department of the officer ordering the suspension. At the time of such hearing, the city manager or designate may reverse the suspension, or affirm or modify it upon making a finding that preservation of public health, safety and welfare warrants such action. Such determination shall thereafter be administratively final. Section 12.14.220 Regulations for use. It is unlawful for any person to operate or cause to be operated any sound truck or sound -amplifying equipment mounted on a sound truck in violation of the following regulations: A. The only sounds permitted shall be music or human speech, or combination. B. Sound operations are prohibited after 9 p.m. and before 8 a.m. in all zones, and may be allowed after 9 p.m. in other than residential zones only pursuant to a temporary use permit issued under Chapter 15.60. Sound operations may be ordered suspended by the chief of police or designate whenever sound truck operations are impeding traffic. C. Sound -amplifying equipment shall not be operated unless the sound system is provided with an operating volume -limiting device meeting the requirements of section 12.14.120, and all the other operating and equipment conditions set forth in that section are met. D. Sound amplifying equipment shall not be operated within one hundred yards of hospitals, schools, or churches at any time. E. The volume of sound shall not exceed a sound level of sixty-five (65) dBA at a distance of fifty (50) feet from the sound -amplifying equipment as measured by a sound level meter. When the sound truck is stopped in traffic or for more than one minute, the sound level shall be adjusted so as not to exceed fifty (50) dBA at a distance of fifty (50) feet. F. Sound -amplifying equipment shall not be operated unless the equipment is mounted facing forward and no more than fifteen degrees to either side of the centerline of the sound truck. G. No sound truck with sound -amplifying equipment in operation shall be driven on the same street past the same point more than twice in a period of one hour. 19 H. Sound -amplifying equipment shall not be operated on a sound truck unless a valid sound truck operating license issued pursuant to section 12.14.140 is in existence. CHAPTER 12.16 EXCEPTIONS Sections: 12.16.020 Special permit exceptions for environmental noise 12.16.040 Exceptions for time to comply Section 12.16.020 Special permit exceptions for environmental noise. A. The planning commission is authorized to grant exceptions for any environmental noise provision of this title, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the planning commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities, nor shall it apply to nuisance noises. B. Any person seeking an exception pursuant to this section shall file an application with the planning director. The application shall be submitted and processed in the same manner as conditional use permits as provided in Section 18.116.060 through 18.116.090. The application shall contain information that demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this title would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The fee prescribed in the National City Fee Schedule shall accompany the application. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for an exception shall be published according to Section 18.130.080 of the National City Land Use Code. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the planning commission containing any information to support his claim. C. In determining whether to grant or deny the application, the planning commission shall balance the hardship on the applicant, the community, and other persons of not granting the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting such exceptions may be required to submit such information as the planning commission may reasonably require, including sound level studies. In granting or denying an application, the planning commission shall keep on public file a copy of the decision and the reasons for denying or granting the exception. D. Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The exception shall not become effective until the applicant agrees to all conditions. Noncompliance with any condition of the 20 exception shall terminate the exception and subject the person holding it to those provisions of this title for which the exception was granted. E. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B of this section. F. The planning director will issue guidelines defining the procedures to be followed in applying for an exception and the criteria to be considered in deciding whether to grant the exception. G. Noise limit exceptions or allowances specifically provided for in the issuance of any exception granted under this Chapter or the city council approval of a temporary use permit pursuant to Chapter 15.60 for parades, civic functions or other special events, shall not be considered a noise disturbance. H. Estoppel. An application for exception shall have no effect until properly granted hereunder. Enforcement of violations shall be proper at any time prior to such granting. Section 12.16.040 Exceptions for time to comply. The owner of any commercial or industrial source of an environmental noise or sound source may apply to the planning commission for an exception in the length of time allotted to achieve compliance with the provisions of this title. The planning commission shall have the authority, consistent with this section, to grant an exception not to exceed one year from the effective date of the ordinance codified or amended in this title. The same procedures and considerations as followed under Section 12.16.020 shall apply. Sections: 12.18.020 12.18.040 12.18.060 12.18.080 12.18.090 12.18.100 CHAPTER 12.18 ENFORCEMENT Violations and penalties Environmental noise Nuisance noise Enforcement of noise disturbances that are both environmental and nuisance Noise disturbance measurement procedure Violations: Additional remedies —Injunctions Section 12.18.020 Violations and penalties. A. Violation of this title by making or allowing a nuisance noise disturbance shall be an infraction for a first violation. B. Repeat violations may be prosecuted as misdemeanors under the provisions of section 1.20.020. 21 Section 12.18.040 Environmental noise. A. Classification of Environmental Noise. The planning director or designate is responsible for administration and enforcement of environmental noise, and making determinations that any given obtrusive noise condition falls within the definition of environmental noise disturbance, pursuant to Section 12.04.480A, as an environmental noise. Appendix A of Chapter 12.22 shall be used as an aid in such determinations. The planning director may make determinations pursuant to Section 18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound level meters shall be used, when practicable or available, to measure the level of a noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, and the Planning Director may use other available evidence to justify such action. B. Responsibility. The planning director shall be responsible for investigation and enforcement of environmental noise disturbances. C. Guidelines. The planning director may, from time to time, promulgate additional guidelines for administration and enforcement of the provisions of this title pertaining to noise violations. D. Abatement. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days, and nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Abatement of the noise disturbance shall terminate further enforcement action regarding a particular environmental noise disturbance, unless the event is repeated. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified by the planning director or designate. Section 12.18.060 Nuisance noise. A. Classification of Nuisance Noise. The chief of police or designate is responsible for administration and enforcement of any obtrusive noise condition that falls within the definition of nuisance noise disturbance defined under Section 12.04.480B or Chapter 12.10. Appendix A of Chapter 12.22 may be used as an aid in making such determinations. At the request of the chief of police, the planning director may make determinations as provided for under National City Land Use Code, Section 18.104.030 for classifying nuisance noise sources not specifically mentioned in Appendix A. B. Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances. C. Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. Sound level meters shall be used, when practicable or available, to measure the level of the noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, provided there is other objective evidence available to justify such action. 22 D. Abatement Order. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty (30) days; nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Section 12.18.080 Enforcement of noise disturbances that are both environmental and nuisance. A. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the planning director, upon consultation by the chief of police, makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall then apply. B. Nothing contained in this provision shall limit the city's ability to prosecute or abate noise violations as both environmental and nuisance noise. Section 12.18.090 Noise disturbance measurement procedure. Upon receipt of a complaint, the code enforcement officer shall investigate the complaint, measure the sound level using a sound level meter whenever practicable, and gather non -acoustic data to adequately define the noise problem. A. Non -acoustic data. Non -acoustic data shall consist of the following: the type of noise source; location of the source relative to the affected property; time period(s) and duration during which the noise source is considered to be a disturbance; and the date and time(s) of the noise measurement survey. B. Exterior Noise measurement procedure. Noise measurement procedure using a sound level meter defined in Section 12.04.640 shall use the "A" weighting scale and the "slow" meter response, except that the "fast" response shall be used for impulsive type sounds. Measurements shall be taken at any point on the receiving property with the microphone located at a height between four to five feet (4'-5') above the ground, and at least ten feet (10') from the source and any nearest reflective surface, if possible. The microphone shall be placed so as to take into account any relevant topography or any acoustical aberration or irregularity. C. Interior noise measurement procedure. If the complaint is related to interior noise, the "A" weighted scale, "slow" response (or "fast" if impulsive) shall be used, and measurements shall be taken within the affected dwelling unit at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source, with the windows open or closed in normal seasonal configuration. D. Calibration. The sound level meter shall be calibrated both immediately before and after recording any noise data, using an acoustic calibrator. 23 Section 12.18.100 Violations: Additional remedies —Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery which causes or creates sound levels or vibration exceeding the allowable limits specified in this title is declared to be a public nuisance, and shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or through administrative means pursuant to Chapters 1.44 or 1.48. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from other law. CHAPTER 12.20 NOISE CORRIDOR(S) MAP Sections: 12.20.010 Preparation and maintenance 12.20.020 Contents and use Section 12.20.010 Preparation and maintenance. The planning director shall prepare and maintain a noise corridors map showing noise contours of 60 dB(A) Ldn or higher along all public streets, highways, and freeways, for use in designing noise insulation systems for new buildings and as a guideline for administration of this title. Section 12.20.020 Contents and use. This map shall be based upon assessment of community noise survey data. It may also show designated noise sensitive zones, and related data for administrative use. A copy of the current noise corridor map shall be posted in the planning department for public use. A copy shall be provided to the department of building and safety. CHAPTER 12.22 APPENDICES Sections: 12.22.020 Description, effect and adoption 12.22.040 Appendix A —Adoption 12.22.060 Appendix A —Designated Section 12.22.020 Description, effect and adoption. Appendices as described in Chapter 18.136 may be adopted to supplement this title. The effect of such appendices as well as adoption, amendment, and other administrative procedures shall also be as provided in Chapter 18.136. 24 Section 12.22.040 Appendix A —Adoption. Appendix A to this title, codified in Section 12.22.060, is adopted concurrently with the adoption of the ordinance codified in this title. Section 12.22.060 Appendix A —Designated. (See attached) 25 APPENDIX A TO TITLE 12 CLASSIFICATION OF NOISE SOURCES ENVIRONMENTAL NOISE Air-conditioning units (fixed) Animal shelters Auto and vehicle repair in conjunction with permitted commercial or industrial activity Commercial activities normally found in connection with a permitted activity Industrial activities normally found in conjunction with a permitted activity Loose shutters; squeaky gates, clattering drain covers, and other conditions resulting from inadequate property Machinery and compressors (fixed or maintained in conjunction with a permitted activity NUISANCE NOISE Air-conditioning units (improperly maintained) Animals, pets Auto and vehicle repairs on residential sites Carbide igniters and similar devices producing impactive noise Commercial activities, other than those permitted which are causing a nuisance. Also, outdoor commercial sales activities Construction/demolition activities (of a temporary nature) Industrial activities, other than environmental, and creating Machinery and compressors other than environmental Off -road vehicles Outcrying, shouting, screaming, whistling, singing Powered model toys, devices, vehicles and equipment 26 APPENDIX A TO TITLE 12 (Continued) ENVIRONMENTAL NOISE Power tools normally found in conjunction with permitted uses Lawn mowers Pumps - Same as machinery and compressors Public address and public assembly, indoor and outdoor, as permitted Signaling devices (non -emergency) radio stationary Outside phone bells School Bells NUISANCE NOISE Power tools, other than environmental. Also, hobby activities Pumps - Same as machinery and compressors Private parties, gathering, assemblages of limited duration Public address and public assembly, indoor and outdoor, as "temporary use" or as an assembly other than use environmental Radios, stereos, televisions, sound amplifiers, musical instruments, drums Signaling devices (non -emergency) mobile utility truck speakers Emergency Burglar alarms Auto theft alarms Sound trucks — Signature Page to Follow -- 27 Noise Control Ordinance Ordinance No. 2001 - PASSED. and ADOPTED this day of , 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. l;`iser, HI City Attorney George H. Waters, Mayor 28 R **HELD OVER FROM MPG. COUNCIL AGENDA STATEMENT OF 7/17/01** City of National City, California rtiETING DATE August 8 2001 AGENDA ITEM NO. 18 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER FOR A BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The South County Beginning Teacher Support and Assessment program is requesting to use the Community Center for a variety of dates (see attached listing). This is a program supporting beginning teachers during their first years in the profession. The National School District is an active member of this program. The group has used the Community Center in the past. The costs include all 8 dates. Costs: Building $1899.60 Custodial 815.43 Total: $2715.03 Waiver of fees is also being requested. As this is not an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center", Council approval is required. Environmental Review X N/A Financial Statement Loss of $2715.03 if waiver of fe es STAFF RECOMMENDATIO 91. Council decision on the mull _• . s r u 0 ed. BOARD / COMMISSION RECOMMENDATION N/A Account No. to use he Community Center and waiver of fees. ATTACHMENTS ( Listed Below) Resolution No 1. Application for use of the Community Center af 2. Letter from the Beginning Teacher Support and Assessment Consortium dated July 10, 2001 A-200 (9/80) SOUTH COUNTY BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM BREAKDOWN OF COMMUNITY CENTER COSTS Thursday August 23 and Friday August 24, 2001 (South Room both days) Building — $222.78 Custodial - $128.46 Total - $351.24 x 2 days = $702.48 Thursday September 20 and Friday September 21, 2001 (South Room both days) Building — $222.78 Custodial - $128.46 Total - $351.24 x 2 days = $702.48 Tuesday October 23 and Tuesday October 30, 2001 (North Room both days) Building — $281.44 Custodial - $ 67.02 Total - $348.46 x 2 days = $696.92 Wednesday November 14, 2001 (South Room) Building — $ 93.80 Custodial - $ 67.02 Total - $160.82 Monday December 3, 2001 (North Room) Building — Custodial - $351.80 $100.53 Total - $452.33 Jul 10 20 09:37a sbusd* .7u1 -Ob-02 12:30P G195755830 p.2 P.01 APPLICATION FOR USE, OF THE NATIONAL CITY 1 ft ALL APPLICANTS: It is strongly recommended that the applicant requesting use' t of the facility attend the City Council meeting, when the item is gointg to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Runes and Regulations." Name of Organization South County BTSA Consortium Business Address 601 Elm Avenue, Imperial Beach, CA 91932 Name of Applicant Marsha Buckley Boyle, BTSA Director Address Same as above Telephone Number (6)g ) 57.5-5835 (day) (la) ?,/7-5061 (evening) Type of Function Various BTSA meetings/trainings Date Requested Please see attached list of dates/times Decorating Time Function Time (am/pm) to _ (am/pm) (am/pm) to (amlpm) Use of Kitchen Facility yes lot tn0 Use Time (atn/ptn) to (am/pni) Clean-up (am/pm) to (am/pm) Number of Participants Will Admission he charged? No If yes, Amount S Will this event he used as a fund raising event? No Will alcohol he served? No ABC Permit Stthtnittedd? C'ertificate of lusuranec attached? Con on file w/City Special configuration of tables or chairs required? Of yes, attach sketch) Special equipment required? (If yes, attached list) Copy of Rules & Regulations provided? Yes initial I CERTIFY THAT I HAVE RlCt:tV hD A COPY OF THE RULES & REGULATIONS 1'OR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. .applicant recognizes and understands that toe of the Cay's fa iltiy may create a possessory Onlere i subject to property taxation and that Applicant may he subject ro the payment of property taxes levied on such interest. Applicata firrther agrees tr,t poy any and all property taxes, Many assessed during the use of the City;cpursuant to Suctions 107 and 107 6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility ignatture t f pplicant Date Jul 10 20 09:37a sbusd* Jul-O6-01 12:30P 8195755830 CITY OF NATIONAL CITY PUBLIC PROPERTY USE BOLD HARMLESS AND INDEM1FlCA flON AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of St PU43,000 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 Held Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization South County BTSA Consortium _ Marsha Buckley -Boyle, Director Person is charge of activity Address 601 Elm Avenue, Imperial Bch, 919861epli0ne 619-575-5835 City facilities andlor{roperty requested National City Community Center Dart.() °ruse See attached list of dates/times HOLD HARMLESS AGREEN[ENr The undersigned hereby agree(s) to bold the City of National City harmless and indemnify the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permittee's agents, employees or contractor's. Signature of Applicant i4.4.:41 `� 'i tt7 Di Official Title ate Certificate of Insurance Approved by lVaaic & Title Rev. il21llx) 2 p.3 p.02 3il 10 20 09:37a sbusd* 6195755830 p.4 bog:nnfn® taacror Wit up por t &aas asa mint 601 Elm Avenue, Imperial Beach, CA 91932 * Office: (619) 575-5835 * Fax: (619) 575-5830 July 10, 2001 City of National City ATTN: City Council 1243 National City Blvd. National City, CA 91950 Dear City Council: As director of the South County BTSA Consortium, I am requesting use of your Community Center for the BTSA (Beginning Teacher Support & Assessment) program. This is a program supporting Beginning Teachers during their first two years in the profession. Experienced teachers are paired with Beginning Teachers as peer coaches. Dr. Ellen Curtin of National School District, as an Advisor to the BTSA Consortium suggested we use your facility for these meetings. National School District is an active participant in our Consortium. South Bay Union, Coronado Unified, San Ysidro, and Lemon Grove School Districts are the other members of our Consortium. National School District currently has over 25 Beginning Teachers in our program. We hold several trainings each month. Currently, due to construction, school modernization, and after -school programs, we are no longer able to hold our trainings at school sites. As you may know, we used your facilities for several trainings in the past year. We would appreciate your consideration to allow us to use your facilities again this year on the following dates: August 23-24, September 20-21, October 23`c, October 30th, November 14th, and December 3r°. We would also like to request a waiver of fees. Thank you for your time and consideration. If you have any further questions, please feel free to contact me directly at (619) 575-5835. Sincerely, La 68,14 re Marsha Buckley -Boyle BTSA Director South County Consortium Jul 10 20 09:38a sbusd* 6185755830 p.5 d SOUTH COUNTY STSA CONSORTIUM DATES FOR NATIONAL CITY COMMUNITY CENTER August 23-24, 2001- COMP Training 7:00 a.m. -- 4:30 p.m. Set-up for 35 people (tables and chairs) September 20-21, 2001- COMP Training 7:00 a.m. - 4:30 p.m. Set-up for 35 people (tables and chairs) October 23, 2001- Support Provider Meeting 2:30 p.m. - 6:30 p.m. Set-up for 65 people (tables and chairs) October 30, 2001- year 2 Academy 2:30 p.m. - 6:30 p.m. Set-up for 80 people (tables and chairs) November 14, 2001-- Support Provider Meeting 2:30 p.m. - 6:30 p.m. Set-up for 65 people (tables and chairs) December 3, 2001-- Diversity Training 3:00 p.m - 8:00 p.m. Setup for 150 people (tables and chairs) *Please note that we will require a screen at the front of the room for each of these days. EETING DATE August 7, 2001 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR EXPANSION OF A CONVENIENCE STORE WITH THE CONTINUED SALE OF BEER AND WINE, AT A GAS STATION AT 2336 HIGHLAND AVENUE (APPLICANT: MOSHAIL KAMEL) (CASE FILE NO. CUP-2001-8) PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The applicant seeks to remodel and increase the retail sales and display area at an existing ARCO gas station convenience store. The project site is developed with a 1,379 square foot building and a canopy covering eight fuel pumps on the northwest corner of 24th Street and Highland Avenue, in the Commercial General (CG) zone. The new retail area will occupy a 1,046 square foot portion of the existing building that was previously used for service bays. The current retail area is 192 square feet, and will be converted to office and storage space. Expansion will allow the applicant to offer a full range of products typical of convenience stores. Proposed improvements include replacement of roll -up doors with a new storefront, installation of a customer restroom, and striping for four new parking spaces. The business is currently licensed by the State for the sale of beer and wine; however, the City has not previously had the opportunity to attach conditions to restrict these sales, as the business was established prior to the CUP requirement. The Planning Commission voted to approve the Conditional Use Permit after holding a public hearing July 2, 2001. The project is in compliance with Land Use Code and no Variances are needed. The Police Department did not object to the issuance of the permit. The Commission's approval includes the City's standard conditions for beer and wine sales typically applied to new Conditional Use Permits. These limit container size for beer and wine, prohibit sales of single cans or bottles of beer, prohibit loitering and consumption of alcoholic beverages on the Arco premises, and limit the alcoholic content of wines. CEnvironmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION G �,� Staff concurs with the Planning Commission's decision and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit and Coastal Development Permit. Vote: Ayes — Valderrama, Flores, Ungab, Baca, Reynolds, Detzer Absent — Parra ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 24-2001 2. Location Map Resolution No. A-200 (9.99) RESOLUTION NO. 24-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR EXPANSION OF A CONVENIENCE STORE WITH THE CONTINUED SALE OF BEER AND WINE, AT A GAS STATION AT 2336 HIGHLAND AVENUE APPLICANT: MOSHAIL KAMEL CASE FILE NOS. CUP-2001-8 WHEREAS, the Planning Commission of the City of National City , considered Conditional Use Permit application for a gas station convenience store at 2336 Highland Avenue at a duly advertised public hearing held on July 2, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-8 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required. by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 2, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing building will accommodate the expanded convenience store and Code required parking will be provided on -site. 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 site is accessed by Highland Avenue and 24th Street, both arterials. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed convenience store is an allowed use in the General Commercial (CG) zone, and since residentially zoned properties to the west are separated from the use by an alley and screened by an existing block wall along the eastern property line. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since improvements to the site will reduce the non -conformity of the property by adding on -site parking and free restroom facilities. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the expansion of an existing convenience store area at a gas station with the existing sale of beer and wine for off -site consumption. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2001-8, dated May 21, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Existing auto repair facilities, including vehicle lifts, roll -up doors, oil storage facilities, and contaminated soils, on the premises shall be removed prior to occupation of the site. 4. Submitted Building Plans shall include a handicapped -accessible raised walkway installed along the new storefront of the building to provide pedestrian access and prevent vehicles from contacting the building. 5. Submitted Building Plans shall show the proposed on -site parking spaces redesigned to allow adequate access to the trash enclosure and meet Code requirements regarding back-up and maneuvering area. 6. A final fire inspection shall be conducted on the premises by a fire inspector prior to occupancy. Soil remediation may be required due to the previous use of the site for repair. 7. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. Approval of this permit shall allow the sale of beer and wine for off -site consumption only, the sale of liquor shall not be allowed in any form. 9. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 10. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited 11. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 12. No wine shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 13. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. Permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: i. "No open alcoholic beverage containers are allowed on these premises." ii. "No loitering is allowed on or in front of these premises." 16. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 17. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 18. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2001-8, dated 5/21/01. 19. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 21. The quarterly gross sales of beer and wine shall not exceed the gross sales of all other commodities, excluding fuel sales, during the same period. The applicant shall at all times keep records which reflect separately the gross sales of beer and wine and the gross sales of all other items, excluding fuel. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 22. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of 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. 23. 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 National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 16, 2001, by the following vote: AYES: VALDERRAMA, FLORES, U GAB,BACA, REYNOLDS, DETZER. NAYS: ABSENT: Pam• ABSTAIN: CHAIRMAN PROJECT SITE EXISTING BUILDING ZONE BOUNDARY - - - - LOCATION MAP 2336 HIGHLAND AVENUE CUP-2001-8 NATIONAL CITY PLANNING DRN: 6/20/2001 INITIAL HEARING: T1212001 City of National City, California COUNCIL AGENDA STATEMENT August 7, 2001 MEETING DATE AGENDA ITEM NO. 20 (-ITEM TITLE NOTICE OF DECISION- CONDITIONAL USE PERMIT FORA YOUTH BOXING PROGRAM AND A VARIANCE FOR A REDUCTION IN PARKING REQUIREMENTS AT 1018 NATIONAL CITY BOULEVARD (APPLICANT: CLEMENTE CASILLAS) (CASE FILE NOS. CUP-2001-9, Z-2001-11) PREPARED BY Andrew Hoskinson EXPLANATION DEPARTMENT Planning The project site is a 5,800 square foot lot in a Medium Commercial (CM) zone. The property is developed with a 3,568 square foot building, formerly Weisser Sporting Goods, and a parking lot with five spaces. Community Youth Athletic Center (CYAC) proposes to relocate a youth boxing facility from the City of San Diego to the site. CYAC has requested a Variance to reduce the on -site parking requirements from the 25 spaces required for the proposed boxing use. They will modify the building interior to create a 2,147 square foot gym area, which will include eight punching bags and a 400 square foot boxing ring. The rest of the building will be utilized as office and storage space. The five existing parking spaces will remain and no additional parking will be provided. Three instructors will staff the boxing facility. The instructors will train the children and teenagers 8 to 18 years of age Monday through Friday after 4:30 p.m. In addition to coaching boxing, the instructors also mentor the participants, encouraging them to attend school and achieve good grades. Conditions of approval also allow the CYAC to hold up to four small elimination competitions on site each year. The conditions limit the number of spectators of these competitions to 30, and require all major competitions to be held off site at facilities like Barona Casino or Sweetwater High School. Environmental Review Financial Statement N/A X /A Categorical Exemption Account No. STAFF RECO ENDATI t Staff concurs wi the deci ion of the Planning Decision and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the application. Vote: Ayes- unanimous ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 23-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A YOUTH BOXING PROGRAM AND A VARIANCE FOR A REDUCTION IN PARKING REQUIREMENTS AT 1018 NATIONAL CITY BOULEVARD APPLICANT: CLEMENTE CASILLAS CASE FILE NOS. CUP-2001-9, Z-2001-11 WHEREAS, the Planning Commission of the City of National City considered Conditional Use Permit and Zone Variance applications for a youth boxing program and a reduction in parking requirements at 1018 National City Boulevard Road at a duly advertised public hearing held on July 2, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CUP-2001-9 and Z-2001-11 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 2, 2001, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the existing structure is large enough to contain the proposed facilities. In addition, conditions of approval limit the size of competitions that can take place on -site. This will reduce the potential need for additional parking. 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 most of the users will not drive to the site and the site is located on an arterial street with transit stops nearby. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in an enclosed building in the evening when there is less traffic and parking on the nearby streets and fewer customers at the adjacent businesses. Additionally, the need for parking will be low since many of the participants cannot drive because they are too young. 4. That the proposed use isdeemed essential and desirable to the public convenience and welfare, since it provides a unique recreation opportunity for youth, and many of the participants enrolled in the boxing program live in National City. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property is long, narrow and small, and was developed under older parking requirements. Additionally, many other properties in the same zone and nearby vicinity have been developed with little or no off-street parking. 2. That the reque'sted variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions of approval limit the size of competitions that are allowed on - site, the users to adolescents that typically do not drive, and the hours of operation to the evening. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the Variance will authorize a reduction in parking for a proposed boxing facility, and the Medium Commercial zone permits the boxing program with approval of a Conditional Use Permit. FINDING FOR WAIVER OF AN EXTERIOR TRASH ENCLOSURE That the use does not generate a need for exterior trash receptacles, since the program operates for no more than 20 hours a week, and focuses mainly on the instruction of boxing. BE IT FURTHER RESOLVED that the applications for Conditional Use Permit and Zone Variance are approved subject to the following conditions: 1. This Conditional Use Permit and Zone Variance authorizes a youth boxing and mentoring program at 1018 National City Boulevard with a reduction in required parking. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File nos. CUP-2001-9 and Z-2001-11, dated 5/22/01. • 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The deteriorated portions of the existing street improvements (14 feet of driveway) along the property frontage shall be removed and replaced. 4. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 5. Two handicapped restrooms must be provided. 6. Two, 2A10BC fire extinguishers shall be provided and mounted as follows: • One on the middle of the "Main Hall" south wall. • One opposite the "Office" on the south wall. 7. There shall be a sign above the door facing National City Boulevard stating, "This door to remain unlocked during business hours. 8. A Fire Department Inspector shall inspect the property prior to its use as a gym. 9. Exterior walls of buildings to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 10. Before this Conditional Use Permit and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Zone Variance. 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 and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. 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. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. The users of the boxing facility (i.e. those enrolled in the boxing and mentoring programs) are to be under the age of 18 years. 14. Only elimination competitions between members from clubs within San Diego County are allowed on the site. These events shall not be advertised. No more than four elimination competitions shall be held per year, and no more than 30 spectators shall be permitted to watch the competition. All other competitions are to be held off -site at a facility suited to the size of the competition. 15. The weekday hours of operation shall be limited to after 4:30 p.m. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by 'the Planning Commission at their meeting of July 16, 2001, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, BACA, REYNOLDS, DETZER. NAYS: ABSENT: PARRA. ABSTAIN: 1 �s� �, %.r0 4.0 .+ PROJECT LOCATION EXISTING BUILDING ZONE BOUNDARY r - r N A LOCATION MAP 1018 National City Blvd. CUP-2001-92-2001-11 NATIONAL CITY PLANNING DRN. DATE: 6/19/01 INITIAL HEARING: 7/2/01 rv.e-ETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 7 2001 AGENDA ITEM NO. 21 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — CHRISTIANSEN AMUSEMENTS - CARNIVAL Claudia Caro, Permit Tech DEPARTMENT Building and Safety This is a request from Christiansen Amusements to conduct a carnival in the Plaza Bonita mall parking lot #1 (western portion of it). The event will include carnival rides, food booths, games of skill and a candy wagon. The event dates are as follows: Setup dates August 21-23 9 a.m. — 5 p.m. Event (Thursday) August 23 5 p.m. —10 p.m. (Friday) August 24 5 p.m. —11 p.m. (Saturday) August 25 1 p.m. — 11 p.m. (Sunday) August 26 1 p.m. — 10 p.m. Teardown August 27 7 a.m. 6 p.m. Alcohol will not be sold and National City Police Officers and carnival security will provide crowd control. Environmental Review N/A r Financial Statement The City has incurred $226 in costs for processing the T.U1APREPYtthilitious Citx gig:actor departments, $50 in Finance Dept. Inspection fees, a $65 Fire Dept. permit and $1,479.68 Police Dept. overtime costs, totaling $1,820.68. Finance Dept. is also reciuesting.that a count o. S2 500 bond be posted. STAFF RECOMMENDATION Approve the Application f r 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 approvals and Conditions of Approval. A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Christiansen Amusements EVENT: Carnival DATE OF EVENT: August 23-26, 2001 APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER CONDITIONS OF APPROVAL: YES [x] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] YES[x] NO[ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] FIRE 336-4550 1. No Fire Department access is to be blocked at any time during this event. 2. A Fire Department permit will be required for the use of any tents/canopies. Contact Fire Dept.. at above number. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and the parking authority of the City of National City and their officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. (Done) 2. Name the City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers as additional insureds on all policies. (The insurance certificate submitted only lists the City) 3. Execute hold harmless against the City of National City and the City of National City. (The attached hold harmless lists only the City) FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required and a list of all approved vendors is to be provided to the Revenue & Recovery Division of the Finance Department. 3. A Business License is required of all vendors and separate businesses participating or organizing the event including the carnival or circus contractor. POLICE 336-4400 1. Recommend 2 Police Officers on Friday (8/24/01 5 p.m. until 11 p.m.), Saturday (8/25/01 5 p.m. until 11 p.m.) and Sunday (8/26/01 5 p.m. until 10 p.m.). No officers on Thursday (8/23/01) should be necessary. 2. The total estimated cost for 2 Police Officers x $43.52 hourly x 17 hours each = $1,479.68. 3. Police Department (Lt. Fifield) has spoken to Bill Jacobs from Christiansen Amusements and he agrees. (The San Diego County Health Department have been notified). Type of Event Public Concert Parade Motion Picture Event Title: Event Location: Fair Demonstration Grand Opening Festival Circus Other cARNii/A=- P 47.- &ONITA CA, NlvAL 7030 pi A2R 3oNlr4l itivoi NAT/omi 2dfa Y2di/z� Event Date(s): From A9vtl to /ate• Z6t4/ 2 Tlotal Anticipated Attendance:'-6%a MY-Participants)$� lit 5-lop ear MY HIm �;i`'. (_—Spectators) Actual Event HI�R �IPfarNpm to&t. I-leYrm/Pm'� Setup/assembly/construction Date: 247 /31. Start time: 2 ' Please describe the scope of your setuplassetnblywork (specific): pd9ar Z r s r 4/j Cr"Svj+g 2i ,iobacAL. Ihlk 6'E !ZcedyFort Ali p ecriOnI 27,4 Community Event Block Party cal/ co,. 9193-0 Dismantle Date: PirfT 27i4 Completion Time: ° P61am/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. N/74 Sponsoring Organization: (',11 .3- aAAst? A ' ° tiLt6e +5 For Profit (n _ N for -Profit Chief Officer of Organization (Name) Ra I p h F. C. h r i-5t 4 A se n / .? ` Applicant (Name): 134 t \\ A-6D b J 1✓P Address: P 9 box, 4 -/1 co Yt t`+ 0) GA L Ci 33 - q 7 Daytime Phone: (?/Z 5'&912Evening Phone: ('O) `r/ 752- 5Fax: (')736' 8S 40 Contact Person "on site" day of the event: Aa. \ ph E. (h s* i ti i'l s e A Pager/Cellular. 6c'P I Q) S.' "'05O NOTE: THIS PERSON MUST BE IN ATTADANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO ct'1`Y;OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES /( NO Are admission, entry, vendor or participant fees required? e, YES NO If YES, please explain the purpose and provide amount(s): ONE 001-4i11,. eivikOCC FEL To ALL ATTt) D3 E 5 A-6 "7 A- A OL O E g.. $ a�'t., 36,X'Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2o/ea % Estimated Expenses for this event. $ /S/i 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 as the use of vehicles, animals, rides or any other pertinent information about the event. PLea6e ect c ke ci 6 h6,e. t- 2 _ YES , NO Does the event involve the sale or use of alcoholic beverages? YES _, NO Will items or services be sold at the event? If yes, please describe: c,N&Ywicy v Npvtery 9°°s _ YES iC 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. 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 Please describe how food will be served at the event: NO St f) mei LLC 1 S CD101 r&ia11 ere-pee..c.Kclect- 6tb€r cs pip Ln6Ecle eke ad wa.g©r c 4,0 -O er,L5to Me-rs. If you intend to cook food in the event area please specify the method: GAS X ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: b (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: (( 2 b Describe your plan for clean-up and removal of waste and garbage during and after the event: Ca'Oat ctre&u" \ be e- lave a N , rt'ra s h l F$ 4io a 1\ +r �erCol`8c,c s 3 Please describe your procedures for both Crowd Control and Internal Security: El-) +E ttf5 p-rbui Gtu 1- l ueurd s L a YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: .E L-i ' E' Sl o Z J RU (G fS Security Organization Address: 2 6 78' Ca Iva L Ui0 501At 5a-A, i� ie�O) C a2ca8. Security Director (Name): 13 r iGc- fric c (de r" Phone: (SO M) 57' - 15& 9 ,-kGtlrvp Csra lE 1p c s cet.I-,/0\1a 1 `l t-!:2 s (,.c 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: ENcj a/06cf- 6 efl i t 4.1 c.7 l �/'°/ 6F IT t ub 17ry to ra'r$ t hi-1 16 u6ci . Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FIR,Si a to Plaguldel oar gftauu ©f ICE Please describe your Accessibility Plan for access at your event by individuals with disabilities: E Ll 7" 16 0 i P4 ¶ora i= rc. e . t/(� fi t , c�j`/t1 i;� 14, i, ha S 1f, t e6 �� T?��$ 5 -6 cli 6a. iJ.0 6 I 1 9 6..e. '_ S.S a 11-A5 f &st be tler/t-r chi64));.)i • wit/be . Please provide a detailed description of your PARKING plan: The re i5 MO re lt: Gt &s5 par P`, A (Lm.-t 1a b tt° 1 A 1.1,1k U bed S' pa'- e`C cl.c,re re,K P a2C 4 Please describe your plan for DISABLED PARKING: �e c F r✓,xr�4i P k2 BO ► �a. pair sce5 I F 4-119 111-- n “M L W h E -E,O , ti ur L LL Please describe your plans to notify all residents, businesses and churches impacted by the event: �' PLCc� be)A1 75 A on act ! �° l aeaxt - nv.6)-(\,/ 1 . Loca. t rrsicteik-k) Ct;u 6k•esi ei , -i t t to f be L tM aC`ie 16v —t It- bucker-A3 NOTE Neighborhoodoo©resisiden�ts must notified 72 tours in advance when events area 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: Type of Music: YES XNO 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 lime am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES 1( NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X4 YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: pckicer (YCV 6/4NAr6AS_ 402,jr ,(UI DAYS tiro r 0-t-i dpFn, A v� (lvdrs Af wG[c �GczAG pA;Cr rto Mot''aNJ' 5 (5:1_17 Ue , 1 17/Y� For Office Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AND SAFETY Ds RECEIVED JUN 2 3 ?Ong !\'p,T2ONAL CITY, Y, CAL F ft°% plaza CA2xi(vAL_ Pa4-, a3 02(9, ozdo ChriStiarkseMuseMeAts p.,o, 130x'197, EscoAdido Rzo33 (i o) 735- 5 5 (4 z E_ scats C � c.er\te,r 9 aWt e R = porfabte rest room Girt.= g e/n>✓rac-o r - - _ (t-femp, f2nce Trc.Y.e-t-Box L6 = Lan d sca. pe 0 6ntretAC -tr4� 5-to pm FQ. t-ttpti s1' pM su : I-10 pm. E � estcl et l Gbop &Agg P1 a.za_ Bo i, t & Ga rtit vex( /4ulu5t 3- 261 20 o C r-ttcok_seh 14i�nus� d�-�s Po flox q 7 Esco tdrdo cA a2o3 (71-0) 7 3 5- 05+{ Z) C-Octc, 73 s-- i'54E 3 Lane L(.p Carnes F)taE Lei E Ta / e c-9 Plaza Bonita ue' � 4 4 is FUN.! CHRISTIANSEN AMUSEMENTS Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Thursday 8/23 5 pm to 10 pm Friday 8/24 5 pm to 11 pm August 23-26, 2001 Saturday 8/25 1 pm to 11 pm Sunday 8/26 1 pm to 10 pm Christiansen Amusements was commissioned by Westfield Shoppingtown to conduct small family carnivals at its various shopping centers throughout Southern California in 2001. As of this time events have conducted safe and successful events at Mission Valley Center and Parkway Plaza in San Diego County with events at UTC scheduled as well as Plaza Bonita. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Sky Diver, Zipper, Hurricane, Scrambler, Tilt -A -Whirl, Gravitron, Bumper Cars Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Lady Bugs, Bumble Bees, Tea Party Non -mechanical: Fun Factory, Inflatable Slide Bounce, Computer Portrait. B) Games: Glass Pitch, Rope Ladders, Derby Race, Water Race, Grab Bag, Milk Can, Balloon Dart, Mini - Basketball, Long Range Basketball, Hi -Striker, Ring Toss, Stop Sign, others. Christiansen Amusements has made standard policy for the these events the following elements which help make for a safe, enjoyable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to assure a safe and enjoyable atmosphere for everyone. • ww WESTERN FAIRS ASSOCIATION P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 e/A19 Christiansen Amusements Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 August 23-26, 2001 Ride List Game List 1. Gravitron C-10969 Glass Pitch 2. Hurricane C-17378. Rope Ladders 3. Octopus C-179 Machine (BB) Guns 4. Scooter C-13577 Derby Race 5. Scrambler C-1800 Water Race 6. Sky Diver C-178 Grab Bag 7. Tilt -A -Whirl C-175 Milk Can 8. Zipper C-4787 Crossbow 9. Bumble Bees C-183 Balloon Dart 10. Go-Gator C-6636 Mini -Basketball 11. Hampton Cars C-7102 Cat Punk Rack 12. Hampton Cycles C-7101 Blockbuster 13. Lady Bugs C-4016 Bean Bag 14. Merry -Go -Round C-174 Hi -Striker 15. Tea Party C-17188 Bottle Up Non -Mechanical Long Range Basketball 16. Fun Factory Ring Toss 17. Inflatable Super Slide Stop Sign Computer Portrait Fish Bowl Food/Candy Wagon Buoy Toss All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC code Article 525. ANkr Rides and games limited to space availability and subject to change.°°"Fail MEMBER w WESTER"A PA. Box 997, Escondido, CA 92033-0997 • httpa/www.amusements.com ^ss Ot4 ON Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 /yFSy ASO\!~ June 22, 2001 The City of National City Finance Department 1243 National City Blvd. National City, CA 91950-4301 SHOPPINGTOWN PLAZA BONITA 3030 Plaza Bonita Road, Suite 2075 National City, CA 91950-8007 Telephone (619) 267-2850 Facsimile (619) 472-5652 To Whom It May Concern: May this letter serve as official authorization for Christiansen Amusements to hold a family carnival on our Westfield Shoppingtown Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA 91950. Christiansen Amusements is approved to occupy our property from Tuesday, August 21, 2001 through Tuesday, August 28, 2001 for set -up, operation and removal of the carnival. The actual event is Thursday, August 23, 2001 through Sunday, August 26, 001. Respectfully, BONITA LP Cindy Kelle General Manager CK:vb D.B.A. Location CITY -OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICESE IS HEREBY GRANTED FOR THETERM & PURPOSE CHRISTIANSEN AMUS Classification Mail to: CHRISTIANSEN AMUSEM r4 M_y;t PO BOX 997a,CITY ; E COLLECTOR ESCONDIDO, CA 9209,3jaW_.k. THIS LICENSE TO BE POSTED IN A CONSPICUOUS PLACE AT BUSINESS I OCATION EMU BUSINESS LICENSE ` -'NON-TRANSFERABLE Date 0 13160-0?'` 01/01/01 Expires 1 2 / 31 / 01 This is your business license for t'he year 2001 Please detach and display YOUR NATIONAL CITY BUSINESS LICENSE WILL EXPIRE ON DECEMBE -31. 2001 IF YOU HAVE ANY QUESTIONS REGARDING YOUR YEAR 2001 CITY OF NATIONAL CITY BUSINESS LICENSE PLEASE CALL 619-336-4330 CHRISTIANSEN AMUSEMENTS PO BOX 997 ESCONDIDO, CA 92033-0997 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 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Sign of App'can� Official Title Date 1-or Office Use Only Certificate of Insurance Approved Date 7 f71Ef1DEL S. KRLIFF INSURANCE SUCCESSOR TO MORRIS H. KALIFF AND SON ESTABLISHED 1917 P.O. BOX 171225 SAN ANTONIO, TEXAS 78217 (210) 829-7634 FAX (210) 829-7636 QPrtif itatt of 3lnMurante This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy(ies) described hereon, and is issued as a matter of information and confers no rights upon the Holder. The Policy identified below by a Policy Number is in force on the date of certificate issuance. Insurance is afforded only with respect to those coverages for which a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy. In the event of cancellation of the Policy the company issuing said Policy will make all reasonable effort to send Notice of Cancellation to the certificate holder at the address shown herein, but the company assumes no responsibility for any mistake or for failure to give such notice. Any Carnival or Circus Liability Insurance made a part of the Policy includes as a person insured with respect to an occurrence taking place at a Carnival or Circus site (1) The Fair or Exhibition Association, sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the Named Insured permission to operate. NAME & ADDRESS OF INSURED: Christiansen Amusements, Inc. 3136 Bernardo Lane Escondido CA 92025 NAME & ADDRESS OF CERTIFICATE HOLDER: City of National City 1243 National City Boulevard National City, CA 91950 AMUSEMENT LIABILITY COMPANY BODILY INJURY AND PROPERTY LIABILITY COM BINED SINGLE LIMIT COMBINED POLICY NUMBER EXPIRATION DATE ST PAUL SURPLUS LINES INSURANCE CO. $1,000,000 CSL LCO 5533559 4/2/02 TOTAL LIMITS 1 non nnn CRT. ADDITIONAL INSURED: City of National City and its officials, employees, agents and volunteers. For the dates of: August 20-28, 2001 June 28, 2001 DATE OF CERTIFICATE ISSUANCE MITCHELL H. KALIF ..rEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 7, 2001 AGENDA ITEM NO. 22 ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE -TASTE OF NATIONAL CITY PREPARED BY Claudia Caro, Permit TechnD PARTMENT Building and Safety EXPLANATION This is a request from the National City Chamber of Commerce to conduct its annual "Taste of National City" fund-raising event on A Avenue from 5:00 p.m. to 8:00 p.m. on Thursday, August 23, 2001. The event is open to the community for sampling food from various restaurants in the City. A six piece ensemble band will provide entertainment. The Chamber also requests from the City use of 65 rectangular tables, 150 chairs and the use of a generator. This also includes a request to close the 900 block of A Avenue for the event. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. p Environmental Review N/A Financial Statement Approved By Finance s for The City has incurred $1,271.07 in costs: $345 for processing the T.U.P. through various ity departments, $65.00 for Fire Department permit fee $861.07 for Public Woor�kssAount No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of the fees. BOARD / COMMISSION RECOMMENDATION N/A 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 AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Taste of National City DATE OF EVENT: Thursday, August 23, 2001 TIME OF EVENT: 5:00 p.m. to 8:00 p.m. APPROVALS: PLANNING FIRE FINANCE PUBLIC WORKS POLICE ENGINEERING CITY ATTORNEY RISK MANAGER YES [ x] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES[x] NO[ ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x (SAN DIEGO COUNTY HEALTH DEPARTMENT HAS BEEN NOTIFIED) CONDITIONS OF APPROVAL ENGINEERING 336-4380 1. Call Engineering department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction site in the vicinity of the activity. Contact James at 336-4380. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement and a policy of general liability insurance with the City and its officials, employees, agents and volunteers as additional insureds, with amount of coverage to be determined by the Risk Manager. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and its officials, employees, agents and volunteers as additional insureds on all policies. 3. Execute standard hold harmless(Done). Continued.. NC Chamber Taste NC Page 2 FIRE 336-4550 1. Fire Access to be maintained at all times. 2. Access to be maintained at all times to all Fire Department corrections and appliances (fire hydrants, sprinkler system connections, etc.). 3. Provide a site plan -reflecting placement of canopies, generators and access restrictions. 4. 2A:10BC fire extinguishers required for cooking areas. Fire extinguishers locations to be plainly marked and not to exceed a travel distance of fifty feet. 5. Provide metal cans and label "Hot coals only" for those individuals utilizing barbeques. 6. Tents having an area in excess of 200 feet and or canopies in excess of 400 square feet or multiple tents and canopies placed together equaling or greater than the above stated areas are to be used, they are to be flame retardant treated and a permit form the Fire Department must be obtained. Permit fee is $65. Fees can only be waived by the City Council. PUBLIC WORKS 336-4580 1. Street division will post "No Parking" signs prior to the event and deliver barricad4o corners at 9'h and at Plaza the day of the event for placement by event staff ($61.07). 2. Facilities will provide manpower to set up generator and electrical outlets. Also, will provide delivery and removal of chairs and tables (cost $800). FINANCE 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 1. Police Department will attempt to have at least 1 senior volunteer per the application. 2. Will also attempt to have a reserve officer work. Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration _ Grand Opening _ Festival x_ Community Event _ Circus Block Party Other Event Title: Taste of National City Event Location: Heritage Square - 900 block of "A" Avenue Event Date(s): From aug. 23t431 day Total Anticipated Attendance: 400 ( Participants) (Spectators) ManttWay/Year Actual Event Hours: 5 8 am7 Setup/assembly/construction Date:Aug2 Start time: 10 a _ m Please describe the scope of your setup/assembly work (specific details): 20 canopy tents will be set up. Request use of 65 rectangular tablew/150 chairs and generator from City Dismantle Date: Aug 21 Completion Time: q p m 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. 900 block A Avenue Sponsoring Organization: National City Chamber of Commerce For Profit Not -for -Profit Chief Officer of Organization (Name) Edith Hughes, C.E.O. Applicant (Name): National City Chamber of CaLmmerce Address: 711 A Avenue, National City, CA 91950 Daytime Phone: (61 9) 477-9339 Evening Phone: (b1 j 475 61 211 Fax: (61 477-501 8 Contact Person "on site" day of the event: Fd i t h Hughes Pager/Cellular: NOTE: THIS PERSON MUST BE IN AT1 EDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CO 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): $8 senior citizens and children under 12- No restaurants icipating $ 4 , 0 0 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Adrocsion $10 adults, $ 2 , 40 0 Estimated Expenses for this event $2 , 0 0 0 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 as the use of vehicles, animals, rides or any other pertinent information about the event. National City restaurants will provide sampling of their food to those attending. This has become a favorite National City event in the beautiful setting of Heritage Square. _ YES g NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES .NO Admission only entitle attenddes to sample food 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 Please describe how food will be served at the event: Food will be prepared at the restaurants of the parffdipants and brought to the �Tf youIfendceetik Ycidlitn bre 7)6ato'si t .f ibd:or sterno cans. _ GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 2 (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 request 65 tables and 150 chairs from city ➢ Fencing, barriers. and/or barricades tw treet barracades needed at each end > Generator locations and/or source of efectriciy City nerator requested ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures none 1 Ox1 0 canopies rented ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures none ➢ Vehicles and/or trailers none ➢ Other related event components not covered above > Trash containers and dumpsters ff ua (Note: You must properly dispose or waste and gar ge hroughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) taken care of Number of trash cans: Trash i ainers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Committee will clean tip -EDeO will take trash 3 Please describe your procedures for both Crowd Control and Internal Security: Senior Volunteer Requested _ 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: Security Director (Name): Phone: j 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: SFrPPF lightg ArP adPrllla'tP Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Parag �3,} a b.,eth Please describe your Accessibility Plan for access at your event by individuals with disabilities: all street level Please provide a detailed description of your PARKING plan: adequate street parking and parking lot Ai- TTni nn Rank v..,.,..rw.,.V..,<.....,,te....".,M. 4 Please describe your plan for DISABLED PARKING: Th^ aroma s =11 ci-raaf Laval _ nn atPPC Please describe your plans to notify all residents, businesses and churches impacted by the event: All residents in the Square will be notified with a hand delivered letter at least one -week before NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X 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: 1 Number of Bands: 1 six -piece a nsemble Type of Music: oldie_- YES g 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: P.A. system only _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Signs wiiiname of participating restaurant will be hung on each canopy 5 For Office 'Use Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AND SAFETY DEP 1. RECEIVED JUL 1 7 2001 NATIONAL CITY, CALIF. 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 ('i ty Chamhpr of C'ommarrp Type of Organization community 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. x No (Please proceed to austion 5) 8 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. _ 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. National City Chamber of QQammuce 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) m2 Signature ate I; -o/ 9 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 Address 711 A Avenue, National City, CA 91950 Telephone 619 477-9339 Date(s) of Use Thursday, August 23, 2001 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant q•c®.0, ,3j1( 1.71 o/ Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT ..EETING DATE August 7, 2001 AGENDA ITEM NO. 23 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP USED VEHICLE TENT SALE Claudia Caro, Permit Tec1PEPARTMENT 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 August 17— Sunday August 19, 2001. The hours of the sale are 9:00 a.m. until 10:00 p.m. They will have D.J. music for entertainment from 10 a.m. through 6 p.m. during the event. Environmental Review N/A Financial Statement 'fhe City has incurred $115.00 in costs in processing the T.U.P, Departments. STAFF RECOMMENDATION Approve the Application for a emporary Use Permit subject to compliance with all conditions of approval. ,-`, 1 iYthrough various City Finance Director Account No. N/A 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: McCune Chrysler Plymouth Jeep EVENT: Used Vehicle Tent Sale DATE OF EVENT: August 17-19, 2001 TIME: 9:00 a.m. until 10:00 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) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is sixty five dollars ($65.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 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 ins nce must be attached to this permit. Organization / "/ r anization o 1� ('Person in Charge of Activity e0 Address ,P 4O A" A T L t 77 0Z._V ✓?. l M `e,'Cft., J x Telephone (61---I17 /41 ate(s) of Use 0 ' / 7— .� (/ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities , on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, ' • udi ttorne, -es and the costs of litigation, arising out of or related to e se .f p blic • o• -rty or the activity taken under the permit by the permittee r i ag = nt , emp es or contractors. Signature of •plicant s Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert Parade ion Picture Event Title: / Fair _ Demonstration _ Grand Opening Event Location: -PC- A-Z-4 _ Festival Community Event Circus Other cos.%! 'T\ _ Block Party c:Q-A—c-6" Event Date(s): From --- 1-7 to k "I 9 Total Anticipated Attendance: O�' 611 Month/Daylvear (a-O Participants) (/ l�ospectators) Actual Event Hours: • m to (0 Setup/assembly/construction Date: gr (6 Start time: 'r A--rvl ` Please describe the scope of your setup/assembly work (specific details): / ry / 'T 1 /V ® 64.1.17 Dismantle Date: g-- Completion Time: 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. ( n Sponsoring Organization: Me__ d4G 'V(9�4T ')\For Profit �, /� Not -for -Profit Chief Officer of Organization (Name),A / / "7 M c:._&.tt _ Applicant (Name): �� 4- 0 i �► A-f /'�L� / ��+�1 17 Z Uzi' Address: / l A i F /L / CA- q ,l �, Daytime Phone: 4 `7 7 (?'evening Phone: -�-P �77 (?fax: (lp (1 4-74 c.�443 Contact Person "on site" day of the event: (iULII,C 2 Pager/Cellular. ,3O— NOTE: THIS PERSON MUST BE IN AT PIDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CIVsOFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _YES NO Are admission, entry, vendor or participant fees required? _ YES NO NO If YES, please explain the purpose and provide amount(s): $ 0 `000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ k 000 Estimated Expenses for this event. $A 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 as the use of vehides, animals, rides or any other pertinent information about the event. (mil 4't 7' [ 64 77-1-6 u Ni 7-771 2 - YES i4 NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be' sold at the event? If yes, please describe: t/mac e-c(--S - YES 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. YES „AIO 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 are/44/ ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: 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 remo I of waste and garbage during and after the event: /1J ,Pc--A-S 77 C._ PI 'be your procedures for both Crowd Control and Internal Security: easT: czoe f7 Y / 7 I c %I%'e-g_ A)t7-7fi ,?A YES YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: O 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 what arrangement you have made for providing First Aid Staffing and Equipment. &voe--e/ Sfi l.1) Please describe your Accessibility Plan for access at your event by individuals with disabilities: Ar0 i G-` 7 DAIS Please provide a detailed description of your PARKING plan: 4 Please describe your plan for DISABLED PARKING: Afc Please describe your plans to notify all residents, businesind churches impacted by the /o V. n/ E-ee2 e,f ram/ 7 4 / t event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X, 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: Wig Number of Bands: Type of Music: J' J M U S/ C / YES NO Will sound amplification be used? If YES, please indicate: Start time: ( df:m Finish Time 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: _ YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES '1O Any signs, banners, decorations, special lighting? If YES, please describe: 5 For Office 11se Only Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 6 AUG-02-01 10:24 AM P.01 TO: City Manager FROM: Council member Soto DATE: 8-2-01 RE: Q Avenue Project ITEM #24 -= 8/7/01 Kat e.nTee 5 2 IS/5 1224,Lqm , t+Cpa bt cJ Kindly place this item to the August 7, 2001 City Council Agenda under "Council Member Agenda". The purpose of this item is to discuss and/or perhaps take an action to change Q Avenue to Paseo Del Sol. Respec illy, F ed R. oto C7 V