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HomeMy WebLinkAbout2002 01-22 CC ADJ AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JANUARY 22, 2002 - 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 CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 8, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 1/22/02 PAGE 2 PRESENTATIONS Employee Introduction Program PUBLIC HEARING 1. Public Hearing: To determine whether the public health, safety or welfare require the formation of Underground Utility District No. 23 on 8th Street from 1-5 to National City Blvd. and Roosevelt Avenue from 8th Street to Plaza Boulevard. (Engineering) 2. Public Hearing — Amendent to Title 18 of the National City Municipal Code regarding housing programs, including transitional housing and emergency shelters, density bonus provisions, second units, other affordable housing incentives and related definitions. (Case File No. A-2002-1) (Planning) 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. 3. Resolution No. 2002-7 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and the County of San Diego for mail processing services. (City Clerk) COUNCIL AGENDA 1/22/02 PAGE 3 CONSENT CALENDAR (cont.) 4. Resolution No. 2002-8 Resolution of the City Council of the City of National City approving a Conditional Use Permit for a church at 1341 East 8th Street, Suite B. (Applicant: Revival Lighthouse Church) (Case File No. CUP-2001-17) (Planning) 5. Resolution No. 2002-9 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for an adult day health care center at 540 National City Boulevard. (Applicant: Sabah Abro) (Case File No. CUP-2001-14) (Planning) 6. Resolution No. 2002-10 A Resolution of the City Council of the City of National City dispensing with the bidding process and authorizing the Mayor to execute three agreements with Honeywell, Inc. to modernize the heating, ventilation and air conditioning system in the Civic Center. (Public Works/Engineering) 7. WARRANT REGISTER NO. 27 (Finance) Ratification of Demands in the amount of $251,731.37. 8. WARRANT REGISTER NO. 28 (Finance) Ratification of Demands in the amount of $969,552.03. 9. WARRANT REGISTER NO. 29 (Finance) Ratification of Demands in the amount of $489,537.54. COUNCIL AGENDA 1/22/02 PAGE 4 CONSENT CALENDAR (cont.) 10. Consolidated Cash and Investment Report as of August 31, 2001. (Finance) ORDINANCE FOR INTRODUCTION 11. An Ordinance of the City Council of the City of National City amending Title 4 of the National City Municipal Code by amending Chapter 4.32 relating to Transient Occupancy Tax, and amending Title 18, Chapter 18.04 relating to definitions of "Transient." (City Attorney) NEW BUSINESS 12. Notice of Decision — Conditional Use Permit for a wireless communications facility at 303 Palm Avenue. (Applicant: Sprint PCS) (Case File No. CUP- 2001-10) (Planning) 13. Notice of Decision — Conditional Use Permit for a wireless communication facility at 700 National City Boulevard. (Applicant: Skytel Corporation) (Case File No. CUP-2000-30) (Planning) 14. Notice of Decision — Conditional Use Permit for the sale of alcohol for onsite consumption at 1401 Highland Avenue. (Applicant: James Rushing for VFW Post 4630) (Case File No. CUP-2001-19) (Planning) —> CITY MANAGER -* CITY ATTORNEY COUNCIL AGENDA 1/22/02 PAGE 5 NEW BUSINESS (cont.) -> OTHER STAFF —> MAYOR —> CITY COUNCIL 15. Discussion of Police Community Task Force — Councilman Nick Inzunza 16. Healthy Cities Presentation — Council Mitch Beauchamp 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 SESSIONS Conference with Legal Counsel — Existing Litigation - Government Code Section 54956.9(a) Building Industry Association of San Diego County, et al. v. State Water Resources Control Board, et al. (City of National City, et.al., Real Parties in Interest), Superior Court Case No. GIC 780263. COUNCIL AGENDA 1/22/02 PAGE 6 NEW BUSINESS (cont.) CLOSED SESSIONS (Cont.) Conference with Labor Negotiators — Government Code Section 54957.6 Agency Negotiators: Roger De Fratis, Randy Kimble Employee Organization: National City Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — February 5, 2002 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 MEMORANDUM DATE January 15, 2002 TO Park Morse, Assistant City Manager FROM Roger C. DeFratis, Personnel Director SUBJECT EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. DEPARTMENT DIRECTOR EMPLOYEE/POSITION DATE OF HIRE Chief DiCerchio Juan Sandoval/Police Officer December 18, 2001 Kathleen Trees Rebeca Lattire/Sr Office Assistant January 8, 2002 Burt Myers Ruben Huerta/Equipment Mechanic January 8, 2002 xc: Chief DiCerchio Kathleen Trees Burt Myers RCD:Im Employee Intro City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 AGENDA ITEM NO. _ 1 _ _ ITEM TITLE PUBLIC HEARING - TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY' OR WELFARE REQUIRE THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 23 ON 8TH STREET FROM 1-5 TO NATIONAL CITY BLVD. AND ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION On January 8, 2002, the City Council by Resolution No.2002-6 set January 22, 2002, as the date for receiving public comments on whether the public health, safety or welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services on 8th Street from 1-5 to National City Boulevard and Roosevelt Avenue from 8th Street to Plaza Boulevard (Underground Utility District No. 23). Notices of the Public Hearing (attached) have been sent to all of the affected property owners. If the City Council adopts the district (proposed boundaries for the district are shown on Exhibit "A"), staff will prepare a Resolution for the formal establishment of District No. 23. J Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION N/A Approved By: __ Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Exhibit "A" Map of Underground Utilities District No. 23 2. Exhibit "B" list of property owners in District No. 23 3. Notice of Public Hearing 4. Rpsoltition Nr 20n2-6 220 EXHIBIT „A„ 926 UNDERGROUND UTILITY DISTRICT NO. 23 8TH STREET FROM 1-5 TO NATIONAL CITY BOULEVARD AND ON ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD LEGEND: 938 1010 1012 1014 1028 1018-20 1022-24 1026-28 W z W BOUNDARY UNDERGR.•NO UTILITY I 7.2 12/06 N 810 816 822 N W. 9th 901 913 913 1/2 N N 910 921 VZS N N N aN NN n 922 926 938 N W. PLAZA M N 1015 1019 1021-23 N N N 1004 Din 7U18 1031 N M N N NN IU14 1028 1036 040 W z W 704 710 714 0 W. 8th 829 N 8 830 840 905 913 921 900 925-27 929-31 939-41 945 (10th STET 607 07 6ID 2429 620 > .8 24 z 19 W 630 23-25-33 632 F - O Q •39 z W 7TH ST W z W 700 801 812 822 824 826 836 840 STREET 910 916 949 o M N 1010 1015 1018 1019 1027 1026 a N N 930 DOULCV/.FAD 0 f 1018 1040 1031 M N 6 CO BOULEVARD 801 909 921 925 29 999 1001 007 011 015 1017 1031 STRFFT A.P.N. EXHIBIT "B" CONVERSION OF OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND ON 8TH STREET AND ROOSEVELT AVENUE. (DISTRICT 23) OWNERS NAMES AND ADDRESS 1. 555-083-17 00 Thrifty Oil Co. P.O. Box 512485 Los Angeles, CA 90051 2. 555-083-06 00 City of National City Community Dev. 140 E. 12th Street National City, CA 91950 3. 555-085-07 00 Beauchamp Family Trust 327 W. 11t Street National City, CA 91950 4. 555-084-01 00 Beauchamp Family Trust 327 W. I I Street National City, CA 91950 5. 555-084-02 00 Beauchamp Family Trust 327 W. 11th Street National City, CA 91950 6. 555-084-03 00 Cosby Thomas H. Jr. 936 National City Blvd. National City, CA 91950 7. 555-084-04 00 Community Dev. Comm. 140 E. 121 Street National City, CA 91950 8. 555-082-01 00 Jeanett Rubin Tr. 1560 Via Corona La Jolla, CA 92037 DD:jhaI D22 SITE ADDRESS 801 Roosevelt Avenue National City, CA 19 W. 9th Street National City, CA 900 Roosevelt Avenue National City, CA 909 Roosevelt Avenue National City, CA 949 Roosevelt Avenue National City, CA Same 940 National City Blvd. National City, CA 132 W. 8th Street National City, CA BUSINESS HOMEJOTHER Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial City of National City Office of the City Clerk 1243 National City Boulevard, National Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 City, CA 91950-4397 MY Of NATIOIir1(, C!T? INCINEERINC DEpT. RECEIVED NOTICE OF PUBLIC HEARING et A-4.Lp, NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, January 22, 2002, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT (DISTRICT NO. 23) FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG 8TH STREET FROM I-5 TO NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE FROM 8711 STREET TO PLAZA BOULEVARD TO UNDERGROUND FACILITIES AND RESCINDING RESOLUTION NO. 2001-198. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: January 9, 2002 Michael R. Dalfa, CMC City Clerk of the City of National City, California Eky- 74.1 RESOLUTION NO. 2002 - 6 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT (DISTRICT NO. 23) FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG 8s" STREET FROM 1-5 TO NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE FROM 8Th STREET TO PLAZA BOULEVARD TO UNDERGROUND FACILTTIES, AND RESCINDING RESOLUTION NO. 2001-198 WHEREAS, the Community Development Commission of the City of National City ("CDC") has requested that the utility overhead wires along 8th Street from I-5 to National City Boulevard and Roosevelt Avenue from 8th Street to Plaza Boulevard be converted to an underground service area in order to accommodate the proposed National City Education Village Project (Proposed District -No. 23); and WHEREAS, San Diego Gas & Electric (SDG&E) has reviewed the parameters of the proposed conversion project and verified that the project complies with the criteria for a 20A conversion; and WHEREAS, in accordance with National City Ordinance No. 1414, Staff requests a public hearing to ascertain whether the public health, safety and welfare require the removal of the poles and overheard wires, and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of Utility District No. 23. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed fee adjustments is hereby set for 6:00 p.m. on January 22, 2002, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. BE IT FURTHER RESOLVED that resolution No. 2001-198 is hereby rescinded. -- Signature Page to Follow -- Resolution No. 2002 — 6 Page Two PASSED and ADOPTED this 8th day of January, 2002. ATTEST: Michel R. Dalla(City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney )14474- GeorWaters, Mayor Passed and adopted by the Council of the City of National City, California, on January 8, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-6 of the City of National City, California, passed and adopted by the Council of said City on January 8, 2002. National City, California Cityerk of the City f By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 AGENDA ITEM NO. 2 _. ITEM TITLE PUBLIC HEARING— AMENDMENT TO TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HOUSING PROGRAMS, INCLUDING TRANSITIONAL HOUSING AND EMERGENCY SHELTERS, DENSITY BONUS PROVISIONS, SECOND UNITS, OTHER AFFORDABLE MOUSING INCENTIVES AND RELATED DEFINITIONS. (CASE FILE NO. A-2002-1) PREPARED BY Steve Ray DEPARTMENT Planning EXPLANATION The proposed amendment is necessary to comply with State housing law as well as to implement the !lousing Element of the City's General Plan. The attached report summarizes the proposal and explains why it is recommended. Environmental Review X NlA Exempt Financial Statement N/A Account No. - .-_--- STAFF RECOMMENDATION Approve the proposed amendment. gq9 BOARD (COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Finding 3. Draft Ordinance 'Resolution No. 4. Standards for onsideration 5. Notice of Exemption Background Report The attached Amendment would accomplish the following: • Allow transitional housing in the same zones as multi -family housing, by Conditional Use Permit. • Permit emergency shelters in Institutional and Manufacturing Zones, also by CUP. • Add provisions for a density bonus and additional incentives for affordable housing. • In addition, the amendment would clarify that second units ("granny flats") are not permitted in the RS-E Zone. The Planning Commission recommended approval of the proposed amendment citing the need for clean-up of the Code to comply with State requirements. The Commission also considered the attached, possible standards for transitional housing and emergency shelters. Instead of including such criteria in the proposed Code amendment, the Commission agreed they would best be determined on a case by case basis through the CUP process, as conditions of approval. The proposal addresses housing programs administered by the City's Community Development Commission. CDC staff have reviewed and agreed with the draft ordinance. No major effect from the amendment is anticipated for several reasons. Few affordable housing projects have been proposed in the City, and staff typically receives few inquiries concerning density bonuses, transitional housing or emergency shelters. In addition, small lot sizes in the City do not readily accommodate the size of development needed to utilize a density bonus. Furthermore, a density bonus would likely result in more expensive construction, involving parking underground or lower level parking, and more than two levels of construction. RECOMMENDED FINDING FOR APPROVAL The proposed Code Amendment, which addresses transitional housing and emergency shelters; density bonus provisions, second units, other affordable housing incentives and related definitions, is consistent with the City's General Plan and State law for the following reasons: • The amendment will carry out Housing Element Programs and comply with requirements of State law addressing where transitional housing and emergency shelters may be permitted and how density bonuses and additional incentives may be approved; • The amendment will carry out Housing Element Programs and comply with requirements of State law addressing criteria for approval of density bonuses and additional incentives for affordable housing; and • The amendment will clarify the intent of adopted City procedures regarding provision of second units except in Zones where only one dwelling per lot is allowed. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HOUSING PROGRAMS, INCLUDING TRANSITIONAL HOUSING AND EMERGENCY SHELTERS; DENSITY BONUS PROVISIONS, SECOND UNITS, OTHER AFFORDABLE HOUSING INCENTIVES AND RELATED DEFINITIONS APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. A-2002-1 BE IT ORDAINED that the City Council of the City of National City, California does hereby ordain as follows: Section 1. That Appendix D of the Land Use Code be amended as follows: • Add "Transitional Housing" in Use Group 11; Conditional Permit Use Required • Add "Emergency Shelter" in Use Group 8, Conditional Permit Use Required (allowable only in IC and IP Zones) and in Use Group 22, Conditional Use Permit Required. Section 2. That Section 18.04.685 be added to the Land Use Code to read as follows: 18.04.685 Transitional Housing. "Transitional Housing" means multi -family housing operated by non-profit institutions and offered for a specified period of time to recently homeless families and individuals, to prepare them for independent living. "Transitional Housing" may comprise either an entire property containing multi -family dwellings or a portion of such property. Section 3. That Section 18.04.233 be added to the Land Use Code to read as follows: 18.04.233 Emergency Shelter. "Emergency Shelter" means any facility, other than a hotel or motel or a dwelling unit, that provides sleeping accommodations and restroom facilities to homeless persons on a day-to- day basis. Section 4. That Subsection G of Section 18.14.160 of the Land Use Code be amended to read as follows: G. Second units, or granny flats, as defined in Section 65852.2 of the Government Code, are prohibited in the, RS-1, RS-2 and RS-E zones. Second units are permitted in all other residential zones provided they comply with all development standards of the zone. Section 5. Add Chapter 18.142. to the Land Use Code. CHAPTER 18.142 RESIDENTIAL DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES Sections: 18.142.010 Intent and purpose. 18.142.020 Definitions. 18.142.030 Density Bonus. 18.142.040. Additional Development Incentives. 18.142.050. Development standards and criteria. 18.142.060. Application requirements and review. 18.142.070 Findings or conditions for disapproval of a project. 18.142.080. Density Bonus Housing Agreement. 18.142. 010 Intent and purpose The intent and purpose of this chapter is to provide incentives for the production of housing for very low, lower income, or senior households in accordance with California law; to facilitate the development of affordable housing; and to implement the goals, objectives and policies of the City's Housing Element. 18.142.020 Definitions Whenever the following terms are used in this chapter, they shall have the meaning established below: A. "Additional Incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915 (d) and (h). Additional incentives may also include direct financial assistance. See Section 18.142.040 of this chapter. B. "Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for rental Target Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low Income: 50 percent of the area median income for San Diego County, adjusted for household size, multiplied by 30 percent and divided by 12. (2) Low Income: 60 percent of the area median income for San Diego County, adjusted for household size, multiplied by 30 percent and divided by 12. C. "Affordable sales price" means a sales price at which Very Low or Low Income Households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development. D. "Density Bonus" means a density increase of up to 25 percent over the otherwise maximum residential density allowable by the applicable zoning designation. E. "Density Bonus Housing Agreement" means a legally binding agreement between a developer and the City or Community Development Commission to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish: the number of Target Units, their size, location, terms and conditions of affordability, and production schedule. See Section 18.142.080 of this chapter. F. "Density Bonus Units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site. G. "Equivalent Financial Incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following: (1) A Density Bonus and an Additional Incentive(s); or (2) A Density Bonus, where an additional Incentive(s) is not requested or is determined to be unnecessary. See Section 4 of this Chapter. H. "Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for -sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. I. "Housing Development" means construction projects consisting of five or more residential units, including single-family, multi -family, and mobilehomes for sale or rent, pursuant to this Chapter. J. "Lower Income Household" means households whose income does not exceed the lower income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. K. "Maximum Residential Density" means the maximum number of residential units permitted by the City's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this Chapter. If the housing development is within a Planned Development or any other Overlay Zone which may require discretionary review, the maximum permitted density shall be determined on the basis of the General Plan and the underlying Zone. L. "Non -Restricted Unit" means all units within a Housing Development excluding the Target Units. M. "Qualifying Resident" means senior citizens or other persons eligible to reside in Senior Citizen Housing. N. "Senior Citizen Housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. Seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3. O. "Target Unit" means a dwelling unit within a Housing Development which will he reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents. P. "Very Low Income Household" means households whose income does not exceed the very low income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. 18.142.030 Density Bonus A. As provided by State law and pursuant to standards and criteria specified in Section 18.142.050, the City may grant a density increase of 25 percent above the maximum residential density allowed by the applicable Zone. B. In calculating the minimum number of additional dwelling units to be permitted pursuant to this Section, the Maximum Residential Density for the site, allowable by the applicable Zone, shall be multiplied by .25. Any fractions of units shall be rounded to the next larger whole number. C. In calculating the required number of dwelling units affordable to Lower Income or Very Low Income Households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. D. In cases where a density increase of less than 25 percent is requested, no reduction will be allowed in the required number of dwelling units affordable to Lower Income or Very Low Income Households. 18.142.040. Additional Development Incentives. A. As also provided by State law and pursuant to standards and criteria specified in Section 18.142.050, the City may grant one or more incentives in addition to the 25 percent density bonus described in Section 18.142.030, subject to receiving evidence from the applicant substantiating that the incentive(s) is (are) required for economic feasibility of the development in accordance with State law. However, the City shall deny a request for an additional incentive if it makes a written finding that additional concessions are not necessary to make the housing development economically feasible and are not necessary to accommodate a density bonus for the project to be affordable to very low or low income households or senior households. B. The need for incentives will vary for different Housing Developments. Therefore, the allocation of Additional Incentives shall be determined on a case -by -case basis. The City may grant Additional Incentives including, but not limited to, any of the following: (1) A reduction of one or more site development standards or modification of design requirements of the Land Use Code which exceed the minimum building standards approved by the California Building Standards Commission provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, one or more of the following: (a) Reduced minimum lot sizes and/or dimensions. (b) Reduced minimum side yard setbacks. (c) Reduced minimum required private or common open space. (d) Increased maximum lot coverage. (e) Increased maximum building height and/or stories. (f) Reduced on site parking standards, including the number of, size of, and location of spaces and garage requirements, and allowing for tandem parking or reduction in area for maneuvering of vehicles. (g) Reduced minimum building separation requirements. (2) Allow the Housing Development to include non-residential uses and/or allow the Housing Development within a non-residential zone, pursuant to requirements of Chapter 18.140 of this Title. However, an Amendment to the Combined General Plan/Zoning Map would be necessary unless the development site is already in a Zone that permits mixed use development, i.e., the CG, CL or CT Zones. (3) Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions or avoidance. (4) Any additional density bonus beyond the 25% bonus. (5) Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (6) Direct financial aid (e.g., redevelopment set -aside, Community Development Block Grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off site improvements, land or construction costs. C. The City may offer an Equivalent Financial Incentive in lieu of granting a Density Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from a Density Bonus, and from an additional incentive if required, and must contribute significantly to the economic feasibility of providing the required number of dwelling units affordable to Lower Income or Very Low Income Households pursuant to this Chapter. 18.142.050. Development standards and criteria. Any housing development for which a density bonus or additional incentive is granted shall comply with the following standards: A. The project shall include at least five dwelling units; B. (1) At least 20 percent of the total units of the Housing Development shall be affordable to Lower Income Households; or (2) At least 10 percent of the total units of the Housing Development shall be affordable to Very Low Income Households; or (3) At least 50 percent of the total units shall be Senior Citizen Housing. C. Target Units (for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents) shall remain restricted and affordable to the designated group for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), under the following circumstances: (1) Both a Density Bonus and an Additional Incentive(s) is granted; or (2) An Equivalent Financial Incentive equivalent to a Density Bonus and an Additional Incentive(s) is granted. D. Target Units (affordable to Very Low or Lower Income Households, or Qualifying Residents) shall remain restricted and affordable to the designated group for a period of 10 years under the following circumstances: (1) Only a Density Bonus is granted and no Additional incentives are granted; or (2) An Equivalent Financial Incentive equivalent to only a Density Bonus is granted. E. The design and appearance of the Target Units (affordable to Very Low or Lower Income Households, or Qualifying Residents) shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those that may be modified as provided by this Chapter. F. Circumstances may arise in which the public interest would be served by allowing some or all of the Target Units associated with one Housing Development to be produced and operated at an alternative site. Where the developer and the City form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this Chapter. Under these circumstances, the developer shall be subject to the same requirements of this Chapter for the Target Units to be provided on the alternative site. G. A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits (e.g., tentative tract maps, tentative parcel maps, site plans, planned development or conditional use permits, etc.) for all Housing Developments pursuant to this Chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be consistent with Section 18.142.080 of this Chapter. H. Development involving a density bonus or incentives shall be approved only if it is determined that the requirements of this Chapter are satisfied. 1. Target units may be rented or sold only in accordance with this Chapter. 18.142.060. Application requirements and review. A. Preliminary Application. An application/developer proposing a Housing Development pursuant to this Section, shall submit a preliminary application prior to the submittal of any formal request for approval. Applicants are encouraged to schedule a pre -application conference with the Planning Department, involving participation of Community Development Commission staff, to discuss and identify potential application issues. A preliminary application shall include the following information: (1) A brief description of the proposed development, including the total number of units; Target Units reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents; and Density Bonus Units proposed. (2) The Combined General Plan/Zoning designations and Assessor Parcel Number(s) of the project site. (3) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. (4) Information on whether the proposal would result in an increase of lower income households in a neighborhood that already has a high number of lower income households. (5) If an Additional Incentive(s) is requested, the application should describe why the Additional Incentive(s) is necessary to provide and reserve the Target Units for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents; and Density Bonus Units proposed; in accordance with Section 18.142.040 of this Chapter. (6) The developer/applicant should also submit the project pro -forma, outlining revenue sources and expenses. B. Within a maximum 90 days of receipt of the preliminary application the City Planning Director shall provide to an applicant/developer, a letter which identifies project issues of concern and describes the process for project review and approval. The Planning Director or designated staff shall consult with the Executive Director of the City's Community Development Commission in evaluating the request. C. Requests for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive pursuant to this Chapter, shall be processed pursuant to procedures in Chapter 18.116 for approval of a Conditional Use Permit and concurrently with any other application(s) required for the development. Final approval or disapproval of these requests (with right of appeal to the City Council) shall be made by the Planning Commission unless any other required application requires City Council approval or is appealed to the City Council. D. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive pursuant to this Chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, including but not limited to subdivisions, conditional use permits, planned development permits and planned unit development permits. If no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116. 18.142.070 Findings or conditions for disapproval of a project. A housing development pursuant to this section shall not be disapproved unless one of the following findings can be made. A. A Housing Element has been adopted and the development project is not needed to meet the City's share of the regional housing need of low income or very low income housing. B. The development project as proposed would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse (significant unavoidable) impact without rendering the development unaffordable to low and very low, income households. C. The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development unaffordable to low and very low income households. D. Approval of the development project would increase the concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households and there is no feasible method of approving the development at a different site, including those sites identified pursuant to Paragraph (1) of Subdivision (c) of Government Code Section 65583, without rendering the development unaffordable to low and very low income households. E. The development project is proposed on land zoned for resource preservation which is surrounded on at least two sides by land being used for resource preservation purposes; or the project does not have adequate water or waste water facilities to serve the project. F. The development project is inconsistent with the City's Land Use Code and General Plan land use designation as the General Plan existed on the date the application was deemed complete, and the City has an adopted Housing Element. 18.142.080. Density Bonus Housing Agreement. A. Applicants/Developers requesting a Density Bonus or an Additional Incentive(s), shall (draft and) agree to enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Executive Director of the City's Community Development Commission. B. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of Target Units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. C. The Density Bonus Housing Agreement shall include at least the following: (1) The total number of units approved for the Housing Development, including the number of Target Units. (2) A description of the household income group to be accommodated by the Housing Development, as outlined in Section 18.142.050 of this Chapter, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (3) The location, unit sizes (square feet), and number of bedrooms of Target Units. (4) Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with Section 18.142.050 of this Chapter. (5) A schedule for completion and occupancy of Target Units. (6) A description of the Density Bonus, Additional Incentive(s) or Equivalent Financial Incentives being provided by the City. (7) A requirement to submit to the Executive Director of the City's Community Development Commission for his review and approval an Affirmative Marketing Plan, which details the actions the developer/applicant will take to provide information and otherwise attract eligible persons to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age or any other category which may be defined by law now or in the future. (8) A description of remedies for breach of the agreement by either party (The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement). (9) Other provisions to ensure implementation and compliance with this Chapter. D. In the case of for -sale Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of Target Units during the applicable use restriction period: (1) Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e., maintained as Senior Citizen Housing) as defined by this Chapter. (2) Target Units shall be initially owner -occupied by eligible Very Low or Lower Income Households, or by Qualified Residents in the case of Senior Citizen Housing. (3) Target Units, if later rented by the owner, should be made available to eligible Very Low or Lower Income Households at an Affordable Rent, or to Qualified Residents (i.e., Senior Citizens) as defined by this Chapter. (4) The initial purchaser of each Target Unit shall execute an instrument or agreement approved by the City restricting the sale or rental of the Target Unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State Density Bonus Law. E. In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period: (1) The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (2) Provisions requiring owners to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter. (3) Provisions requiring owners to submit an annual report to the City, which includes the name, address, household size and income of each household occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. Section. 6 That the City Council finds that the proposed Code Amendment, which addresses transitional housing and emergency shelters; density bonus provisions, second units, other affordable housing incentives and related definitions, is consistent with the City's General Plan and State law for the following reasons: • The amendment will carry out Housing Element Programs and comply with requirements of State law addressing where transitional housing and emergency shelters may be permitted and how density bonuses and additional incentives may be approved; • The amendment will carry out Housing Element Programs and comply with requirements of State law addressing criteria for approval of density bonuses and additional incentives for affordable housing; and • The amendment will clarify the intent of adopted City procedures regarding provision of second units except in Zones where only one dwelling per lot is allowed. Section 7. That the City has considered possible standards for transitional housing and emergency shelters, and concluded that standards shall be determined through the Conditional Use Permit procedure. Section 8. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will not modify any zoning designations and will not result in an increase of intensity of use for any property beyond that mandated by State law, and recommended Code provisions will carry out State -mandated programs and would require discretionary review of specific proposals. PASSED and ADOPTED this day of , 2002. GEORGE H. WATERS, MAYOR ATTEST: APPROVED AS TO FORM: MICHAEL DALLA, CITY CLERK GEORGE H. EISER, III -CITY ATTORNEY List of Potential Criteria for Transitional Housing Facilities • Qualifications of operators and client screening requirements (references, ability to pay rent in transitional housing facility) o City can consider qualifications to support required CUP finding that the project will provide a benefit, is desirable and needed. o Could be seen as beyond City role to regulate the use rather than the users. • Property maintenance o City standards would apply. Improvements may be required by CUP process, i.e., painting, landscaping if needed. • Parking o 1 parking space per employee, plus one per 7 beds, plus as may be required on a case by case basis • Rents o below median rent • Client stay o 6-months or 1 year • Management Plan to be submitted for approval o Specify services on -site o Transportation required to services • Space/Occupancy o 70 square feet of sleeping space per resident, not including closet or storage space, multipurpose rooms, bathrooms, dining rooms, and halls, o Sleeping areas shall not be used as public or general passageway to another room, bath or toilet, o The facility shall provide at least 5 square feet of living area per bed, not including sleeping space, dining areas and kitchen areas, o At least 8 square feet of storage area (closet or drawers) per bed, o One full bathroom per 7 beds, or o per Uniform Housing Code List of Potential Criteria for Emergency Shelters • Application requirements: o Communications plan —how provide will communicate with local community and adjacent neighbors on a regular basis and how community issues will be resolved o Loitering control plan -minimize daytime congregation near the shelter o Litter control plan • Space/Occupancy o Desirable size: 20-40 beds o 35 square feet minimum square feet of sleeping area per bed o Waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right-of-way o Any outdoor waiting area must be separate from public right-of-way o Living/dining areas separate from sleeping areas • Parking: 1 space per full-time employee (8hours per 24 hour period) • Hours of operation: 6 p.m. to 8 a.m. • Management: o On -site supervision required, at least one employee per 20 beds • Types of activities/services o Telephone services separate from office phone shall be provided. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CASE FILE NO. A-2002-1 Project Location: City-wide, within specified Zones Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to the National City Municipal Code regarding housing programs, including transitional housing and emergency shelters; density bonus provisions, second units, other affordable housing incentives and related definitions. Applicant Name and Address: City of National City 1243 National City Boulevard, National City, CA 91950 Telephone Number: (619)-336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class , Section (Definition) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment will not modify any zoning designations and will carry out State -mandated programs. Provisions for density bonus will not result in an increase of intensity of use for any property, since they do not allow more than already addressed by State law. Provisions for transitional housing and emergency shelter are also required by law, and these uses would require subsequent, discretionary review. Date: December 31.2001 Steve Ray Principal Planner ® Recycled Pape. City of National City, California COUNCIL AGENDA STATEMENT January 22, 2001 MEETING DATE 3 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to� execute an agreement between the City of National City and the County of San Diego for mail - processing services. PREPARED BY DEPARTMENT Michael R. Dalla City Clerk EXPLANATION This Resolution formalizes the action taken by the City Council on January 8, 2002. See attached. Environmental_Review XX NIA Financial Statement None Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below) Resolution No. 2002-7 Explanation Resolution Agreement A.200 (MO) Situation The City's existing postage machine for outgoing mail is over 15 years old and overdue for replacement. In addition, new postal regulations effective January 1, 2002, require the City to acquire a new postage meter (a separate piece of equipment) to allow telephonic replenishment of postage. Our existing meter can no longer be replenished at the post office. Purchase of a new postage machine and leasing of a new postage meter should be done at the same time. The cost associated with that course of action is as follows: 1. Purchase new processing machine $12,545 (approximately) 2. Lease of new postage meter $1,074 per year 3. Maintenance of machine and meter $1,219 per year (approximately) Alternative Course of Action The County of San Diego provides mail -processing services to other jurisdictions. Agencies that use the County service include the City of Chula Vista, the City of Carlsbad, and the San Diego Housing Authority. Through a cooperative agreement, the County will pick up, meter, sort and deliver the City's outgoing mail to the Central Post Office on a daily basis at a nominal cost. The benefit to the County is that they experience the economy of scale and volume discounts by processing larger quantities of mail. The City also benefits from volume discounts we would otherwise not receive, and mail being more accurately metered and presorted for lower cost and faster delivery. Recommendation Considering the options available to the City for processing mail, it is my recommendation that we enter into an agreement with the County to utilize their service for the following reasons: 1. The agreement can be terminated at any time. 2. There is no capital cost to the City. 3. It eliminates the necessity to purchase a new postage machine (one time cost of $12,545) and the cost to lease and maintain our own equipment ($2,293 per year). 4. Postage cost should be unchanged or reduced (Carlsbad saves an estimated $3,453 per year). 5. The time currently used to process and transport mail can be redirected to other tasks. 6. The space currently taken up the by the existing postage processing equipment could be put to better use. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO This AGREEMENT is made the First day of February 2002, between National City (hereinafter referred to as the "City") and the County of San Diego (hereinafter referred to as "County") who agree as follows: 1. The County will pick up mail daily Monday through Friday from the City, at 1243 National City Boulevard, National City, California, 91950, at approximately 3:15 p.m. 2. The County Mail Center will process all mail on the day that it is picked up. The mail will be sent to the U.S. Postal Service that same day. 3. All mail qualifying for automation rates up to two ounces will be metered at the applicable rate for presorted first class mail as determined by the U.S. Postal Service and processed through the barcode sorter. Any pieces that have failed to receive a barcode after processing through the barcode sorter will be metered up to the first class rate and billed at the fully paid first class determined by the U.S. Postal Service. 4. A processing fee of $.0318 will be charged for all pieces processed through the barcode sorter. 5. All mail that weighs over two ounces or is otherwise unable to be processed through the barcode sorter will be metered at the fully paid first class rate as determined by the U.S. Postal Service. A metering fee equal to 10.61 percent of the total postage cost for these pieces monthly will be applied. 6. Document service will provide quotes for printing services on a case -by -case basis within three business days of receiving a request. 7. Document services will provide quotes for Records Management services on a case -by - case basis within five business days of receiving a request. 8. Billing for these services will be prepared monthly by the County and sent to the City for payment, terms net 30 days. Remittance will be sent to: County of San Diego Document Services ISF Attn: Rick Harmon 5201 Ruffin Road Suite Q San Diego CA 92123 9. This Agreement may be terminated by one or the other parties with 30-day written notice to the other party. 10. The County shall defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injuries to the County's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omission of the County, its agents, officers, or employees, in performing the Agreement or services herein; provided, however, that the county's duty to indemnify and hold harmless shall not include any claims or liability arising solely from the City negligence or from the misconduct of the City, its agents, officers and employees. 11. The City shall defend, indemnify, protect and hold the County and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City's employees, agents, officers or employees, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the City, and its agents, officers or employees, in performing the Agreement or services herein, provided, however, that the City's duty to indemnify and hold harmless shall not include any claims or liability arising solely from the County's negligence or from the misconduct of the County, its agents, officers or employees. COUNTY OF SAN DIEGO CITY OF NATIONAL CITY Signature Signature Printed Name Printed Name Title Title Date Date RESOLUTION NO. 2002 -7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO FOR MAIL PROCESSING SERVICES WHEREAS, the City's existing postage meter machine for outgoing mail is overdue for replacement and is incapable of complying with the new postal regulations that became effective on January 1, 2002; and WHEREAS, the City desires to employ a consultant to provide mail processing services for the City; and WHEREAS, the City has determined that the County of San Diego is qualified by experience and ability to perform the services desired by the City, and the County of San Diego is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the County of San Diego to provide mail processing services for the City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22'' day of January, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1341 E. 811' STREET, SUITE B (APPLICANT: REVIVAL LIGHTHOUSE CHURCH) (CASE FILE NO. CUP-2001-17) PREPARED BY //'_ DEPARTMENT Andrew Hoskinson Planning EXPLANATION The City Council voted to approve this item at the January 8, 2002 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Exempt Financial Statement N/A Account No. STAFF RECOMMENDATION pcoo Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2002-8 A•290 :9 90) RESOLUTION NO. 2002 - 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1341 EAST 8Th STREET, SUITE B APPLICANT: REVIVAL LIGHTHOUSE CHURCH CASE FILE NO. CUP-2001-17 WHEREAS, the City Council of the City of National City considered a conditional use permit application for a church at 1341 East 8th Street, Suite B at the regularly scheduled City Council meeting of January 8, 2002, 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-2001-17 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 January 8, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will take place in an existing 1,092 square foot suite in a commercial center with 31 dedicated off-street parking spaces, which satisfies Code requirements. 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 from 8th Street, an arterial road, and since the 25 members of the church will not greatly increase the traffic volumes along that road, and since church activities will occur at times of lesser traffic at the shopping center and on adjacent roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in a commercial center, and since its doors face other commercial uses; thus there will be negligible potential for noise disturbances. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services. Resolution No. 2002 — 8 January 22, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the use of a 1,092 square foot suite in a commercial center as a church. 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-2001-17 dated September 18, 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. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 4. All doors and windows are to be kept closed when sound amplification equipment is used. 5. Hours of church services shall be limited to Monday through Friday between 7:00 p.m. and 9:00 p.m., and Sundays between 10:30 a.m. and 1:00 p.m. 6. There shall be no more than 50 persons in the church at any time. 7. 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 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. 8. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 9. 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 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2002 - 8 January 22, 2002 Page Three 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 22o4 day of January, 2002. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: ar George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 5 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE CENTER AT 540 NATIONAL CITY BOULEVARD (APPLICANT: SABAH ABRO) (CASE FILE NO. CUP- 2001-14) PREPARED BY Charley Marchesanot" DEPARTMENT Planning EXPLANATION The Council voted to approve this application at the January 8, 2002 public hearing. The attached resolution is necessary to follow-through on the action. Environmental Review X WA Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2002-9 A-2C :(1 n; ` RESOLUTION NO. 2002 - 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY HEALTH CARE CENTER AT 540 NATIONAL CITY BOULEVARD APPLICANT: SABAH ABRO CASE FILE NO. CUP-2001-14 WHEREAS, the City Council of the City of National City considered a conditional use permit application for an adult day health care center at the regularly scheduled City Council meeting of January 8, 2002 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-2001-14 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 January 8, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 8,600 square foot building on the site is large enough to accommodate the proposed adult day health care facility and since sufficient on -site parking is provided in the existing parking area. 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 use is not expected to significantly increase traffic volumes in the area, and since the project site is accessed by National City Boulevard, an arterial. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the new use will generate little noise or traffic. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the adult day health care facility will provide a service for handicapped and elderly citizens of National City and the surrounding community, and may also delay institutionalization of clients. Resolution No. 2002 - 9 January 22, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes an Adult Day Health Care Center at 540 National City Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. CUP-2001- 14, dated September 28, 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. The deteriorated portions of the existing street improvements (20-feet of sidewalk) along the property frontages shall be removed and replaced. 4. The proposed trash enclosure at the southwest corner of the parking lot may need to be relocated due to an existing storm drain catch basin. If relocated, the existing amount of parking spaces (18) shall be maintained. 5. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership of the property. 6. Prior to opening the business, a formal fire inspection shall be conducted by the Fire Department. 7. Exterior walls of buildings and 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. 8. A landscape and irrigation plan shall be submitted with building plans indicating plant types, methods of planting, irrigation location and coverage, etc. This plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 9. 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 nerpcsary 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. 2002 — 9 January 22, 2002 Page Three 10. 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. 11. The existing rooftop sign at 540 National City Boulevard shall be removed. 12. Building plans shall note that arr ss to the upstairs area will be blocked. 13. All rooftop equipment proposed as part of this project shall be completely screened in accordance with Land Use Code section 18.86. 14. The facility shall be limited to a maximum of 120 clients. 15. A boundary adjustment showing compliance with the City's Subdivision Ordinance shall be recorded for the project site (555-042-17) and the adjoining parcel to the north (555442- 10). The adjustment shall specifically allocate the ten -foot wide section immediately west of the commercial building to the southern parcel, resulting in a straight line along the north -south boundary between the two parcels. 16. The dilapidated home located on the parcel north of the project site (555-042-10) shall be demolished or removed and the property paved for parking or landscaped within nine months of the adoption of the resolution approving this Conditional Use Permit. A site plan showing the paving and/or landscaping shall be submitted to and approved by the Planning Director. 17. A breaking beam alarm system shall be installed at the entrance/exit onto National City Boulevard prior to occupancy. 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 22' day of January, 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January_22, 2002 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE THREE AGREEMENTS WITH HONEYWELL, INC. TO MODERNIZE THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM IN THE CIVIC CENTER PREPARED BY Rhonda Darling DEPARTMENT Public Works/Engineering EXPLANATION CRY ca�Tobber 1993, City Council approved a contract with Honeywell for implementing a comprehensive energy conservation program, wherein the lighting, air conditioning, heating and electric motors in several buildings were replaced with higher efficiency equipment. An amendment to this contract was approved on November 7, 1995, for the retrofitting of lighting and HVAC systems. In accordance with our requests, Honeywell recently developed a proposal for modernizing the system heating, ventilation and air conditioning system to a more energy efficiency system. The first phase would include the installation and set-up of an energy maintenance system having a direct digital control (DDC) mechanism for the building HVAC system to be controlled by a newly installed centralized microprocessor with associated software. The second phase would include the installation of new controllers, transformers, pneumatic/electric transducers, and space sensors to control the existing reheat boxes and valves and chilled water valves in the spaces at the Civic Center. Honeywell will run required electrical and pneumatic tubing to hook up existing reheat boxes to the DDC system and install a pneumatic/electric transducer for each AHU to control the dampers for economizer control, which will allow the end user to monitor and adjust space set points and control the economizers for each air handler from the Central Energy Management System. These would replace the existing thermostats and allow the temperature of each room to be measured and controlled individually. The final phase includes the installation of new premium efficiency fan motors to replace three exisitng fan motors for futher energy savings. The result of installing these upgrades will allow for a better balanced computer controlled HVAC system. The / \ system will he more efficient thereby reducing costs ( Environmental Review X _ N/A Financial Statement Approved B The total cost of the project is $146,460. $96,460 is available through the CIP tun efficiency of the Civic Center building account numbers 196-409-500-598-1402, 1909-500-598-1403, 196-409-500-598-1404, and 1 • s 09-500-598-1405. $50,000 is availableAtimiti go9rant from the California TAFF RECOMMENDATLO a i ornia Energy ommission i � um 3109-500-598-1402. ' � E C S �/� Adopt the Resolution autho ' ing the Mayor to sign t)Sree agreements with Honeywell, Inc.. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Proposed Agreements Resolution No. 2002-10 RESOLUTION NO. 2002 — 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE THREE AGREEMENTS WITH HONEYWELL, INC. TO MODERNIZE THE HEATING, VENTILATION AND AIR CONDITIONING SYSTEM IN THE CIVIC CENTER WHEREAS, on October 5, 1993, the City Council approved an agreement with Honeywell, Inc. for implementing a comprehensive energy conservation program, wherein the lighting, air conditioning, heating and electric motors in several City buildings were replaced with higher efficiency equipment, and an amendment to this contract was approved on November 7, 1995, for the retrofitting of lighting and HVAC systems; and WHEREAS, at the City's request, Honeywell, Inc. recently developed a proposal for modernizing the Civic Center heating, ventilation and air conditioning system to a more energy efficient system; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure; and WHEREAS, the City Council has determined to waive the formal bidding requirements as authorized by the Municipal Code, and award three agreements to Honeywell, Inc. based on the fact that the services and equipment to be provided under the proposal agreements would be most compatible with existing equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to execute three Agreements with Honeywell, Inc. to modernize the heating, ventilation and air conditioning system in the Civic Center. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 22'd day of January, 2002. ATTEST: Michael Dalla, City Clerk George H. Waters, Mayor rge H. Eiser, Ill, City Attorney Honeywell SERVICE PROJECT AGREEMENT Proposal Date: Revised November 2, 2001 TO: Rhonda A. Darling City of National City 1243 National City Blvd. National City, Ca 91950-4301 (HEREINAFTER REFERRED TO AS "CUSTOMER") Agreement No.: 964-201494R Project Name: National City Civic Center DDC HONEYWELL PROPOSES: PRICE Seventy-three thousand three hundred thirty Dollars, S 73,330.00 Payment — Concurrent with CUSTOMER acceptance of this proposal or contract execution, whichever occurs first, the CUSTOMER shall pay Honeywell twenty-five percent (25%) of the Price. The remaining payments under this Agreement shall be progress payments. Additional payment teens in Article 2 apply. ❑ Sales Tax will be invoiced separately ® Use Tax is included in the Price PERIOD OF PERFORMANCE: All work to be completed by August 30, 2002. IN ACCORDANCE WITH THESE APPLICABLE DOCUMENTS: ❑ This sale is tax exempt BASED ON THESE ASSUMPTIONS AND/OR EXCEPTIONS: This proposal does not hmcdude any period', fee or required tesdag and iupecdom. This proposal does not Include repairs or replacement of edsHog zone controls, etc. This proposal does not include air Wanting. This proposal is based on working during normal badness hours Overtbue work may result in addidend cost. It is assumed fiat name dowdism wig be experienced daring the system changeover. This proposal is based on utilizing existhmg wiring, electrtal cabinets and conduit where possible. THE FOLLOWING SERVICES ("Services") SHALL BE PERFORMED: Centralized Excel Building Supervisor Station Honeywell will provide a new Dell personal computer, 17" Monitor, Keyboard, Mouse and printer and load all Honeywell Excel Building Supervisor (XBS) Software necessary to enable this PC to communicate with the new Honeywell Energy Management System (EMS) installed in the National City Civic Center. Honeywell will install this new PC in the EOC Area and run a hard wire communication bus to the nearest controller. We will program all necessary graphics for the new controls and provide operator training for the new system. Honeywell will provide PC Anywhere on the new computer and load the remote version of this software on the PC in John Cole's office. We will test the software to insure communication between the two computers. It is assumed that John Cole's PC and modem is in working condition and compatible with this software. This proposal includes up to four (4) hours of labor to install and test the system. All phone line installation, ongoing costs, and troubleshooting is the customers responsibility. Energy Management System for Central Plant Honeywell will remove the existing W7505 Control System and install a new Honeywell XL5000 System in the Chiller Room at the Civic Center. This proposal includes installing a central plant controller to control the following points. • Chiller #1 Start/Stop • Chiller #2 Start/Stop • Chilled Water Supply Temp • Chilled Water Return Temp • Chilled Water Pump #1 Start/Stop • Chilled Water Pump #1 Status • Chilled Water Pump #2 Start/Stop • Chilled Water Pump #2 Status • Condenser Pump #1 Start/Stop • Condenser Pump #1 Status • Condenser Pump #2 Start/Stop • Condenser Pump #2 Status • Cooling Tower Fan Start/Stop • Cooling Tower Fan Status • Cooling Tower Water Supply Temp • Cooling Tower Water Return Temp • Heating Hot Water Boiler #1 Start/Stop • Heating Hot Water Boiler #1 Status SERVICE PROJECT AGREEMENT (RE V. 03-99) Page 1 of 6 SERVICE PROJECT AGREEMENT • Heating Hot Water Boiler #2 Start/Stop • Heating Hot Water Boiler #2 Status • Heating Hot Water Supply Temp • Heating Hot Water Return Temp Honeywell • Heating Hot Water Pump #1 Start/Stop • Heating Hot Water Pump #1 Status • Heating Hot Water Pump #2 Start/Stop • Heating Hot Water Pump #2 Status Energy Management System for Supply Fan 1 Honeywell will install a new Honeywell XL5000 Controller for Supply Fan 1. This controller will control the following points: • Supply Fan #1 Start/Stop • Supply Fan #1 Status • Economizer Relief Fan #1 Status • Supply Fan #1 Supply Air Temp. • Supply Fan #1 Return Air Temp. • Supply Fan #1 Mixed Air Temp. Energy Management System for Supply Fan 2 Honeywell will install a new Honeywell XL5000 Controller for Supply Fan 2. This controller will control the following points: • Supply Fan #2 Start/Stop • Supply Fan #2 Status • Economizer Relief Fan #2 Status • Supply Fan #2 Supply Air Temp. • Supply Fan #2 Return Air Temp. • Supply Fan #2 Mixed Air Temp. Energy Management System for Supply Fan 3 Honeywell will install a new Honeywell XL5000 Controller for Supply Fan 3. This controller will control the following points: • Supply Fan #3 Start/Stop • Supply Fan #3 Status • Return Fan #3 Start/Stop • Return Fan #3 Status • Supply Fan #3 Supply Air Temp. • Supply Fan #3 Return Air Temp. • Supply Fan #3 Mixed Air Temp. Energy Management System for Supply Fan 4 Honeywell will install a new Honeywell XL5000 Controller for Supply Fan 4. This controller will control the following points: • Supply Fan #4 Start/Stop • Supply Fan #4 Status • Return Fan #4 Start/Stop • Return Fan #4 Status • Supply Fan #4 Supply Air Temp. • Supply Fan #4 Return Air Temp. • Supply Fan #4 Mixed Air Temp. • Outside Air Temp Energy Management System for Supply Fan 5 Honeywell will install a new Honeywell XL5000 Controller for Supply Fan 5. This controller will control the following points: • Supply Fan #5 Start/Stop • Supply Fan #5 Status • Return Fan #5 Start/Stop • Return Fan #5 Status • Supply Fan #5 Supply Air Temp. • Supply Fan #5 Return Air Temp. • Supply Fan #5 Mixed Air Temp. SERVICE PRO/E(T AGREEMENT (REV. 0399) Page 2 of 6 HoneyweI SERVICE PROJECT AGREEMENT Energy Management System for Supply Fan EOC Honeywell will install a new Honeywell XL5000 Controller for Supply Fan EOC. This controller will control the following points: • Supply Fan #EOC Start/Stop • Supply Fan #EOC Mixed Air Temp. • Supply Fan #EOC Status • Supply Fan #EOC Return Air Temp. • Chiller DX Cooling Stage #1 Start/Stop • Supply Fan #EOC Room Temp. • Chiller DX Cooling Stage #2 Start/Stop Termination for Convenience of City. The City may terminate the agreement in whole or in part whenever the City determines, in it sole discretion, that such termination is in the best interest of the City. Honeywell, upon notice of termination shall make all reasonable efforts to preclude accrual of additional expenses. Whenever the agreement is terminated in accordance with this paragraph, Honeywell shall be entitled to an equitable adjustment for all work performed and direct cost associated to the job, including material and equipment, restocking charges and reasonable profit and overhead. Termination of this agreement by the City at any time during the term shall not constitute a breach of contract by the City. Termination for Cause by City. City may terminate this contract for cause upon breach of a material condition of this agreement by Honeywell, upon five (5) days written notice to Honeywell and Honeywell's failure to cure said breach within a commercially reasonable time thereafter. TO THE EXTENT THAT HONEYWELL IS PROVIDING YEAR 2000 COMPLIANCE SERVICES, THE FOLLOWING APPLIES: STATEMENTS MADE TO CUSTOMER IN THE COURSE OF THIS SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND DISCLOSURE ACT (PUBLIC LAW 105-271, 112 STAT. 2386). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE CUSTOMER'S LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. END OF SCOPE OF WORK This proposed Agreement is valid through February 28, 2002. Honeywell's standard terms and conditions shall govern any resulting contract. SUBMITTED BY: NAME: Amy J, Voth TITLE: Service Account Specialist HONEYWELL INC., Home and Building Control 8788 Balboa Avenue, Suite B San Diego, CA 92123-1530 SERVICE PROJECT AGREEMENT (REV. 03-99) Page 3 of 6 V N 00 N O 1 tot gg da it piRt P :[ o Aim ail' I 911 01114111 1114 lull Ill t I PI 3 iniq ill frtr p m O ill PO E4 g A N IJ UiPijiij P MI Plit7priI4 YrilP p�A g Ur P r > � 3 rain 9161 >,i Y WilPIT l is jay hisit 1 II 4 I'll lin 114 11111141111111;11L :11111111i11:11L 1 ga: [ A Wpt A 411itLatipuplift! Y1P-Iii rtill pal Ali IPIi�1iiIIiIHI t .�'t}6a�gp Sigag5y.$7R iatA�p� � � � '�� NIP $' S� A edom CD SERVICE PROJECT AGREEMENT Agrees') between HONEYWELL and CUSTOMER, the terms sod owadtlio, e no ogress* boned to the provision twee( includingthese Standard Yams and Ceod4oq nolwlhNtd.q receipt of or eokoowledgamt by, HONEYWELL of any purchase min, sped8ostioo, or odor doorman issued by CUSTOMER_ The Aspennent supenoirs any and an prior Qe®mY sod rtpeseontiaas between the parties ;chard to the scopmobwod henna 'His Agrmnad wH only be modified by • mitten Mabwoad executed by the Pattie. Any provision or pan oftbis Agreement held to be void ormeefmoeebie wide Honeywell arty hws or ngnlaties shall to rimmed stricken, said remaining provisions shall mote to be mid sod linden apse HONEYWELL and CUSTOMER, wbo agree dot this Agreement she3 be reformed to tR+hoe such emdm provision of penthemfwdha wild and micasebleprovision that come as elose as posolis to expessarg She intention of thsarridom provision This Agreement shag be gainsaid by the law of the Sate whew the Srioe are to be preformed THIS AGREEMENT IS HEREBY ACCEPTED IN ACCORDANCE WITH ARTICLE 21: CUSTOMER City of National City (SIGNATURE) BY: TITLE: DATE: Honeywell SERVICE PROJECT AGREEMENT Proposal Date: January 9, 2002 TO: Rhonda A. Darling City of National City 1243 National City Blvd. National City, Ca 91950-4301 (HEREINAFTER REFERRED TO AS "CUS IUMER") Agreement No.: 964-202404 Project Name: National City Civic Center Premium Efficiency Air Handler Fans HONEYWELL PROPOSES: PRICE Six thousand seven hundred thirty dollars Dollars, S 6,730.00 Payment - Concurrent with CUSTOMER acceptance of this proposal or contract execution, whichever occurs first, the CUSTOMER shall pay Honeywell twenty-five percent (25%) of the Price. The remaining payments under this Agreement shall be progress payments. Additional payment terms in Article 2 apply. 0 Sales Tax will be invoiced separately ® Use Tax is included in the Price ❑ This sale is tax exempt PERIOD OF PERFORMANCE: All work to be completed by August 30, 2002. IN ACCORDANCE WITH THESE APPLICABLE DOCUMENTS: BASED ON THESE ASSUMPTIONS AND/OR EXCEPTIONS: nab proposal does not Include any permits, fen or required testing and Inspections Tills proposal does not include repafss or replacement of coatrob or other mechanical ettedpeeent, etc. Thb proposal does not iatiude air balancing. This proposal is based on working during uonmd bushman horn. Overtime work may result In additional oast. It is assessed that souse donutbne will be experienced dating the equipment changeover. THE FOLLOWING SERVICES ("Services") SHALL BE PERFORMED: Premium Efficiency Fan Motors Honeywell will install new premium efficiency fan motors to replace three (3) existing fan motors one (1) each for supply fans SF1, SF2 and the EOC unit (SFIB). This proposal includes new premium efficient motors, labor, and all necessary installation material. Once installation is complete we will check out each motor to insure proper operation. Termination for Convenience of City. The City may terminate the agreement in whole or in part whenever the City determines, in it sole discretion, that such termination is in the best interest of the City. Honeywell, upon notice of termination shall make all reasonable efforts to preclude accrual of additional expenses. Whenever the agreement is terminated in accordance with this paragraph, Honeywell shall be entitled to an equitable adjustment for all work performed and direct cost associated to the job, including material and equipment, restocking charges and reasonable profit and overhead. Termination of this agreement by the City at any time during the term shall not constitute a breach of contract by the City. Termination for Cause by City. City may terminate this contract for cause upon breach of a material condition of this agreement by Honeywell, upon five (5) days written notice to Honeywell and Honeywell's failure to cure said breach within a commercially reasonable time thereafter. SERVICE PROJECT AGREEMENT (REV. 03-99) Pagel of 5 Honeywell SERVICE PROJECT AGREEMENT TO THE EXTENT THAT HONEYWELL IS PROVIDING YEAR 2000 COMPLIANCE SERVICES, THE FOLLOWING APPLIES: STATEMENTS MADE TO CUSTOMER IN THE COURSE OF THIS SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND DISCLOSURE ACf (PUBLIC LAW 105-271, 112 STAT. 2386). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE CUSTOMER'S LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. END OF SCOPE OF WORK This proposed Agreement is valid through February 28, 2002. Honeywell's standard terms and conditions shall govern any resulting contract. SUBMITTED BY: NAME: AmyJ. Voth TTTLE: Service Account Specialist HONEYWELL INC., Home and Building Control 8788 Balboa Avenue, Suite B San Diego, CA 92123-1530 SERVICE PROJECT AGREEMENT (REV. 03-99) Page2 of 5 J P T J Honeywell SERVICE PROJECT AGREEMENT Agro o ') between HONEYWELL rod CUSTOMER the tarns and mndinom are comedy limited to the provisions hereof Sabana these Standard Teas and Conditions; ttotwidesta ubng rmegt ot or abimwledgmad by, HONEYWELL of any pmebaeotdr, specification, Of oar document hated by CUSTOMER ibis Agreement superseder arty and all prior ageemas and representations between the Arum laded to the eeopeof-oflib Apramm, only bemodified by .water usmmmd elecwrd by the Prue. Any provision or pat of this Apeman bad to be veld or unenforceable rda any laws or readations shall be deemed storbe4 ad all retaining provisions shall oath= to be vabd and brain open HONEYWELL and CUSTOMER, wbo agreethat gas Agreement shoal be telecast to replace such rind= provision or part thereof with a raid and enforceable prOVilke that Domes so dose as possible to expressing then n:noon of thestdda provision. Tbis Apeman dad be governed by the kwoftheState wMe the Sections are to bepafomed. THIS AGREEMENT IS HEREBY ACCEPTED IN ACCORDANCE WITH ARTICLE 21: CUSTOMER City of National City (SIGNATURE) BY: TITLE: DATE: Honeywell SERVICE PROJECT AGREEMENT Proposal Date: December 5, 2001 TO: Rhonda A. Darling City of National City 1243 National City Blvd. National City, Ca 91950-4301 (HEREINAFTER REFERRED TO AS "CUSTOMER") Agreement No.: 964-201498 Project Name: National City Civic Center DDC HONEYWELL PROPOSES: PRICE : Sixty-six thousand four hundred Dollars, S 66,400.00 Pitmen* — Concurrent with CUSTOMER acceptance of this puopubal or contract execution, whichever occurs first, the CUSTOMER shall pay Honeywell twenty-five percent (25%) of the Price. The remaining payments under Ibis Agreement shall be progress payment& Additional payment terms in Article 2 apply. 0 Sales Tax will be invoiced separately ® Use Tax is included in the Price PERIOD OF PERFORMANCE: All work to be completed by August 30, 2002. ❑ This sale is tax exempt IN ACCORDANCE WITH THESE APPLICABLE DOCUMENTS: Civic Carder Drawbsp 2031 sheets Ml, M2, M3, M4, MS, M6, M7, and M9. BASED ON THESE ASSUMPTIONS AND/OR EXCEPTIONS: This proposal does not Winds any permits, fen or required testing and inspections. This proposal does net Include resplel n or replacement of existing pneumatics controls, valves and other snoaiated controls. This proposal does no include air halendag. This proposal b based on woridug daring normal badness hours. Overtime work may resale in addition d cost. It is mewed that ease downtime w® be experienced daring the system changeover. This proposal is hued on the drawbags provided by National City. Any sons or controls not shown on the drawings are not Included. This proposal requires the Im40atian of the coadob in Honeywell proposal 201494R dated Nov 2, 2001. This proposed system am not communicate without devices Is proposal 201494R. This proposal excludes repbcaneat or repair of ceMod the that may get damaged daring the project. This proposal excludes any paint or pdck at wall sensor locations. THE FOLLOWING SERVICES ("Services") SHALL BE PERFORMED: Honeywell will provide system design, engineering, control drawings, installation, and commissioning of the control system as outlined below. Honeywell will program up to 15 graphics for the new controls on the Excel Building Supervisor installed under proposal 201494R and provide three (3) hours of operator training for up to three (3) personal for controlling this new system. Reheat Box Zone Control Honeywell will install new Honeywell XL5000 controllers, transformers, pneumaticlelectric transducers, and space sensors to control the existing reheat boxes in the spaces at the Civic Center. We will run required electrical and pneumatic tubing to hook up existing reheat boxes to the DDC system. This will allow the end user to monitor and adjust space setpoints from the Central Energy Management system. Install controls on the existing reheat valves as shown on the drawings and listed as follows: • 8 Boxes serving the Basement Area (1-8) • 6 Boxes serving 1" floor North (27-32) • 8 Boxes serving t" floor South (33-40) • 9 Boxes serving 2'd floor North (10-18) • 8 Boxes serving 2'd floor South (19-26) • 2 Reheat Valves located at AHU-2 (41-42) Reheat Valve for AHU 5 Honeywell will install a pneumatic/electric transducer, and a humidistat to control the existing hot water valve (9) in AHU 5 and hook them to the DDC system. This will allow the end user to monitor and adjust this from the Central Energy Management system. SERVICE PROJECT AORERMENT (REV. 03-99) rage 1 of 5 SERVICE PROJECT AGREEMENT Honeywell Chilled Water Valve and Economizers for AHI through AH5 Honeywell will install a pneumatic/electric transducer to control the Chilled Water Valve for each Air Handler and hook them to the DDC system. Honeywell will also install a pneumatic/electric transducer for each AHU to control the dampers for economizer control. We will start stop the Economizer relief fans for RF1 and RF2 via the DDC system. This will allow the end user to monitor and control the economizers for each air handler. Heating Hot Water Boiler Bypass Valve Honeywell will install a pneumatic/electric transducer to control the existing Heating Hot Water Boiler Bypass Valve located in the central plant mechanical room and hook this to the DDC system. This will allow the end user to monitor and adjust setpoints from the Central Energy Management system. Pneumatic Mr Compressor Mann Honeywell will install a low limit alarm on the Air Compressor to provide an alarm on the DDC system if the compressor tank air pressure falls below normal operation. Termination for Convenience of City. The City may terminate the agreement in whole or in part whenever the City determines, in it sole discretion, that such termination is in the best interest of the City. Honeywell, upon notice of termination shall make all reasonable efforts to preclude accrual of additional expenses. Whenever the agreement is terminated in accordance with this paragraph, Honeywell shall be entitled to an equitable adjustment for all work performed and direct cost associated to the job, including material and equipment, restocking charges and reasonable profit and overhead. Termination of this agreement by the City at any time during the term shall not constitute a breach of contract by the City. Termination for Cause by City. City may terminate this contract for cause upon breach of a material condition of this agreement by Honeywell, upon five (5) days written notice to Honeywell and Honeywell's failure to cure said breach within a commercially reasonable time thereafter. TO THE EXTENT THAT HONEYWELL IS PROVIDING YEAR 2000 COMPLIANCE SERVICES, THE FOLLOWING APPLIES: STATEMENTS MADE TO CUSTOMER IN THE COURSE OF THIS SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND DISCLOSURE ACT (PUBLIC LAW 105-271, 1L2 STAT. 2386). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE CUSTOMER'S LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. END OF SCOPE OF WORK This proposed Agreement is valid through February 28, 2002. Hontywell's standard tams and conditions shall govern any resulting contract. SUBMITTED BY: NAME: Amy J. Voth TITLE: Service Ac clatist HONEYWELL INC., Home and fling Control 8788 Balboa Avenue, Suite B San Diego, CA 92123-1530 SERVICE PROJECT AGREEMENT (REV. 03-99) Page 2of5 P pIujiijin1111 �.� hh!I / 614644 FatatassiNto iwgzi4 ffi Rpool] owl ri/P4p}ki 11004 kitiliiith q W1 P R iP"Pli 1 41 o� gR�G f1iP [Ili 1 111 ;WPM qq / :till I oil g1e6lib a�aQaf if not H'iitlrid3� . iII''1111111 1 tel Pi*TIP 1 Er Rd $a;RI lilt 0411 111 'Vine m V, S b 0 A cp q •y� yp jqg{ w ww 9 Ee yip '�l1.6y� e S 11114 piIllU 7s ni1114tlIiijit a Ii»v' ga � 6 igiI i 4J1 II 9��j. EE pn..e�a II ,g ���� Jrisil !l, • �b ,ems C`S 8 tr. atr ;� Si ill 11011115 RRRRRRLL 'b��®gtr�g. s tl•�l trIII1 1.vid � 2 i il o tl"11111 •i 1 �91110 ':fij' 1 b22 qq r ' p. ,aljj. a. a 1111113:1111111111 a 11 ill tf 11111111111111111 N m o1O E-iz ill<I 111trP� ��° old1 I, I 18 ill 11 is 101(gi 2 irg IP 1511 M M r o�;! doh:1pm 8111 1111 a p s' = s 11111111i0111 poo h1 V d�� F° tl a � Ruh �� 111(Ellig4- wQ a s b ti � � eII . k� I .Ii hi in, I O 8f 6I ill JII 1 ii i Wg_ 5- t� i.6 if in 3 � !oil 1�WI Ili fit tip 11 �1 th }a�° pi; 6 p 1111 Zi :75� a iU6.i A .o u Honeywell SERVICE PROJECT AGREEMENT Averment" between HONEYWELL ad CUSTOMER, me term and conditions n ee{pres* limited to the provisions heed, aemd'mg there Standard Tema sod Cardlooc. radwidettendinsrnadpt 04 or admostedgmtalby, HONEYWELL of anypnobase code, apeifitatied, or other doomed issued by CUSTOMER This Armand any aid el prsoragtaena4 and seprpmbCoae between the Parties sassed to the some -of -work herein his Agrewmt wit only beooIEed by a writer ismm ent executed by the Parties. Any provision or part of this Agreement hdd to be void or mmforeeabkander any laws m ISpaliOnS she be demand grirhg and al mead6 prair+s= shin mdioe to he valid and binding apron HONEYWELLard CUSTOMER, who mote IL tt is Agteaaed shagbereformedto repine such stricken provision es port dismal eof with a vabd end mfbfoaahle ryotision the acme as closers posaLbto expressing the intention ofguedenim provision his Apeormt Might governed by the Mr of the State where the Services are to be performed THIS AGREEMENT IS HEREBY ACCEPTED IN ACCORDANCE WITH ARTICLE 21: CUSTOMER City of National City HOT a L INC., Home and (SIGNATURE) BY: TIRE: DATE: Control BY: TITLE: DATE: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 7 AGENDA ITEM NO. __. _._ _. "ITEM TITLE WARRANT REGISTER #27 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #27 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved ByV"22-7 Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $251,731.37. BOARD / COMMISSIO RECOMMENDATION ' 2' ' 2C� l " Cir& lG2GLZ2 tom' ATTACHMENTS ( Listed Below ) 1. Warrant Register #27 2. Workers Comp Warrant Register dated 12/26/01 Resolution No. ._.... City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE January 22, 2002 AGENDA ITEM NO. _._8__ __ ITEM TITLE WARRANT REGISTER #28 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #28 per Government Section Code 37208. \ Environmental Review Financial Statement Not applicable. N/A Approved By: ance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $969,552.03. BOARD/ COMMISSION RE MMENDAT N �`7q2 : - , dela-a2.41"/ ATTACHMENTS ( Listed Below j Resolution No. 1. Warranil Register #28 2. Payroll Warrant Register dated 01/02/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 AGENDA ITEM NO. 9 (ITEM TITLE WARRANT REGISTER #29 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #29 per Government Section Code 37208. Environmental Review _...— N/A Financial Statement Not applicable. Approved By: Finance Dirac Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $489,537.54. BOARD / CO MISSION RECOMMENDATION /� -111 CJ - 1 er l> lvec /7 /7�/3v �- S/.35/ ��Le../j2-ce d /1- /tiV-e.Gz) iP�icYfl1 Q- %�CGL �1C�' )4 9 44,1-4 Z� v ATTACHMENTS ( Listed Below ) 1. Warrant Register#29 2. Workers Comp Warrant Register dated 01/09/02 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Jan. 22, 2002 AGENDA ITEM NO. 10 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF AUGUST 31, 2001 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION I For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of August 31, 2001 is hereby submitted. This report reflects the components of the investment portfolio as of August 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. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: ?no co 1 for Account No. __ STAFF RECOMMENDATION We recommend that the report be accepted and filed. 772797 BOARD / COMMISSION MMEtC N i 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. CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Aug-01 BALANCE REVOLVING CASH $ 3,592.28 RETURNED CHECKS 14,512.55 BANK OF AMERICA #80200 (751,578.78) OUTSTANDING WARRANTS (326,457.34) PAYROLL OUTSTANDING WARRANTS (76,022.96) CASH HELD BY BROKERS 218,038.60 INVESTMENTS 18,039,053.38 LAIF 15,880,864.66 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR $ 33,002,002.39 YEAR-TO-DATE TOTAL YEAR 2001-02 $ 123,905.41 $ 2000-01 240,621.31 1999-00 115,624.50 1998-99-2,674.96 1997.98 91, 935.98 1996-97 29, 594.71 1995-96 116,572.09 1994-95 47,934.52 1993-94 148,893.67 1992-93 31,731.80 1991-92 12,404.78 1990-91 -49,576.00 1989-90 107, 707.53 1988-89 58,639.31 1987-88 41,828.42 1986-87 99,757.81 1985-86 270, 222.69 2,642,502.96 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 1,321,688.93 080: Combined Cash Reconcihat on Worksneets /16/7 4_ SymPro Investments Par Value City of National City Portfolio Management Portfolio Summary August 31, 2001 Market Value Book %of Value Portfolio Term Days to Maturity City of National City YTM/C YTM/C 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments Total Earnings Current Year Average Daily Balance Marylou Male r�io, Director of Finance R:.•• Daie- t V' 32031 13 59 9,701,000.00 95,000.00 3,994,000.00 4,499,875.00 93,098.03 18,382,973.03 August 31 Month Ending 92,495.96 18,553,306.82 9,702,940.40 95,000.00 3,814,362.03 4,512,839.65 96,836.50 9,701,000.00 95,000.00 3,647,300.00 4,499,843.75 95,909.63 53.78 0.53 20.22 24.95 0.53 651 1,827 2,050 1.273 1.366 18,221,978.58 18,039,053.38 100.00% 1,099 Fiscal Year To Date 198,122.86 _ No fiscal year history available 426 992 1,167 1,138 406 756 5.708 6.000 8.360 5.466 7.984 6.197 5.787 6.083 8.476 5.542 8.095 6.284 Portfolio CNC CC PM (PRF PM1) Sy, Rept V5.U21 City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Page 1 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 386 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1,059 07/28/2004 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 241 04/30/2002 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,090.00 5.150 5.150 577 04/01/2003 10445 American Investment Bank 01/05/2001 99,000,00 99,000.00 99,000.00 6.820 6.820 128 01/07/2002 10425 Asia Europe Americas Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.120 7.120 53 10/24/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 247 05/06/2002 10459 Astoria Federal Savings & Loan 02/05/2001 100,000.00 100,000.00 100,030.00 5.900 5.900 157 02/05/2002 10410 Bank of Alamo 09/08/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 9 09/10/2001 10426 Bank of Alice. The 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 54 10/25/2001 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 1,025 06/22/2004 10431 Bank of Kentucky, The 11/14/2000 99,000.00 99,000.00 99.000.00 7.100 7.100 74 11/14/2001 10491 Bank of Nashville, The 03/30/2001 99,000.00 99,000.00 99,000.00 5.240 5.240 241 04/30/2002 10428 Bank of Wilmington 10/30/2000 99,000.00 99,000.00 99,000.00 7.110 7.110 59 10/30/2001 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.60 5.120 5.120 618 05/12/2003 10604 Bank of Arkansas 07/20/2001 100.000.00 100,000.00 100,000.00 5.270 5.270 1,053 07/20/2004 10594 Bank of Jamaestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 856 01/05/2004 W 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 662 06/25/2003 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.640 311 07/09/2002 A, 10520 Colony Bank of Asbum 05/11/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 254 05/13/2002 10503 Centennial Bank of the West 04/30/2001 99,000.00 99,000.00 99,000,00 5.100 5.100 241 04/30/2002 10515 Commerce Exchange Bank 04/24/2001 99.000.00 99.000.0099,000.00 5.050 5.050 235 04/24/2002 10452 Century Bank 01/24/2001 99.000 00 99,000.00 99,000.00 6.050 6.050 145 01/24/2602 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,000.00 99.000,00 5.310 5.310 289 06/17/2002 10417 Citizens Bank 09/29/2000 99.000 00 99,000.00 69,000.00 7.250 7.250 27 09/28/2001 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000,00 5.200 5.200 828 05/22/2003 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000,00 6.630 6.630 311 07/09/2002 220872DT9 10174 Corus Bank 04/16/19,39 95.00000 95,000.00 95,000.00 5.450 5.450 227 04/16/2002 10422 Credit America Savings Co 10/18/2000 99,000.00 99,000.00 99,000.00 7.150 7.150 47 10/18/2001 10569 Community Shores Bank 06/13/2001 99,000 00 99,000.00 99,000.00 5.200 5 200 650 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,009.00 99,000.00 99,000.00 5.250 5.250 853 01/02/2004 10438 Direct Merchants Bank 12/15/2000 100,000 00 100,000.00 100,000.00 7.000 7 000 105 12/15/2001 10474 Eaton Federal Savings Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 192 03/12/2002 10575 EDGAR COUNTY BANK & TRUST CO., 06/27/2001 99,000 00 99,000.00 99,000.00 5.100 5.171 849 12/29/2003 10437 Enterprise Bank 12/05/2000 99.00000 99,000.00 99,000.00 7.050 7.050 95 12/05/2001 10453 Farmers State Bank of Oakley 01/29/2001 99.000 00 99,000.00 99,000.00 6.000 6.000 151 01/30/2002 10182 First Bank of Richmond SB 04/29/1999 99,000 00 99,000.00 99,000.00 5.600 5.600 240 04/29/2002 Run Oale. ! vi3/2001 06 Portfolio CNC CC PM (PRF PM2) SyrnRept VS.021 City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Page 2 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 10408 First Capital Bank of Kentucky 09/06/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 186 03/08/2002 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 531 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1.042 07/09/2004 10414 FNB of Barnesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 206 03/26/2002 10589 first Nab. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 636 05/30/2003 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 233 04/22/2002 10517 FNB Of St Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 520 02/03/2003 10430 First State Bank 10/20/2000 99,000.00 99,000.00 99,000.00 7.070 7.070 48 10/19/2001 10514 First State Bank 04/25/2001 99,000.00 99,000.00 99,060.00 5.200 5.200 236 04/25/2002 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 415 10/21/2002 10487 F S B of Donalsonville 02/23/2001 99,000.00 99,000.00 99,000.00 5.700 5.700 177 02/25/2002 10600 FIRST STATE BANK OF OKABENA 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 1,046 07/13/2904 10432 First Security Bank & Trust 11/17/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 138 01/17/2002 10473 Guaranty National Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 191 03/11/2002 10444 Habersham Bank 01/03/2001 99,000.00 99,000.00 99,000.00 6.870 6.870 124 01/03/2002 10576 Heritage Bank 06/28/2001 99,000.00 99.000.00 99,000.00 5.100 5.100 849 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,056 07/23/2004 10436 IndyMac Bank FSB 11/29/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 89 11/29/2001 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 233 04/22/2002 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 620 05/14/2003 10488 Intrust Bank 03/22/2001 100,000.00 100,000.00 100,000.00 5.350 5.350 202 03/22/2002 10490 Iowa State Bank 03/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 207 03/27/2002 10450 Iowa State Bank & Trust Co 01/19/2001 99,000.00 99,000.00 99,000.00 6.250 6.250 143 01/22/2002 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 811 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000,00 99,000.00 99,000.00 5.500 5.500 1,045 07/12/2004 10489 Lewiston State Bank 03/24/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 204 03/24/2002 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 832 12/12/2003 10433 Mercedes National Bank 11/27/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 87 11/27/2001 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 254 05/13/2002 10416 Mid -America Bank 09/29/2000 99,000.00 99,000 00 99,000.00 7.200 7.200 30 10/01/2001 10415 Morris State Bank. The 09/27/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 26 09/27/2001 10518 Mesa Bank 05/09/2001 99,000.00 99,000.00tr 99,000.00 5.000 5.000 250 05/09/2002 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 670 07/03/2003 10477 North Central Bank for Savings 03/19/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 199 03/19/2002 10504 NCB Savings Bank FSB 04/30/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 212 04/01/2002 10462 Newberry Federal S & L 02/15/2001 99,000.00 99.000 00 99,000.00 6.000 6.000 12 09/13/2001 1041542/117391 R,n Da!e ! /132001 - 14 06 Portfolio CNC CC PM (PRF_PM2) SyrnRepr V5.021 City of National City Portfolio Management Portfolio Details - investments August 31, 2001 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment A Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Certificates of Deposit - Monthly 654062AM0 10564 NICOLET NATIONAL BANK 06/01/2001 99,000.00 100,940.40 99,000.00 5.100 5.100 821 12/01/2003 10512 New South Federal Savings Bank 04/19/2001 99,000.00 99,000.00 99.000.00 5.050 5.050 230 04/19/2002 10499 Omni Bank (United National Bk) 04/05/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 216 04/05/2002 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 1,045 07/12/2004 10429 Peoples Bank & Trust Co 11/07/2000 99,000.00 99,000.00 09,000.00 7.100 7.100 67 11/07/2001 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000.00 5.200 5.200 1,045 07/12/2004 10596 Providian Bank 07/1012001 99,000.00 99,000.00 99,000.00 5.480 5 480 1,042 07/09/2004 10525 Peoples State Bank 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 815 11/25/2003 10177 Queens County Savings Bank 04/20/1999 99,000.00 99.000.00 99,000.00 5.650 5.650 233 04/22/2002 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 589 03/24/2003 10522 Rushmore State Bank 05/15/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 256 05/15/2902 10570 Suburban Bank & Trust 06/27/2001 99,000.00 99.000,00 99,000.00 5.350 5.350 849 12/29/2003 10603 Superior Bank, FSB 07/19/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 688 07/21/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 478 12/23/2002 10427 Small Town Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 54 10/25/2001 10590 SYLVAN STATE BANK 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 636 05/30/2003 10572 TREASURY BANK- EFFINITY 06/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 479 12/24/2002 10193 E'Trade Bank (TeleBank) 05/06/1999 99,000.00 99,000.00 99,000.00 5.660 5.660 65 11/05/2001 61 10418 Triad Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 27 09/28/2001 10516 Union National Bank 05/02/2001 99,000.00 99,000.00 99.000.00 5.250 5.250 457 12/02/2002 10601 Union Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1,049 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 871 01/20/2004 10442 Westland Savings Bank 12/21/2000 99,000.00 99,000.00 99,000.00 6.940 6.940 476 12/21/2002 10578 WORLD'S FOREMOST BANK, N.A. 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 1,032 06/29/2004 10568 WILLIAMSTOWN SAVINGS BANK 06/13/2001 99,000.00 99,000.00 99,00(1.00 5.120 5.120 650 06/13/2003 10574 YORK STATE BANK & TRUST 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 849 12/29/2003 Subtotal and Average 9,892,612.90 9,701,000.00 9,702,940.40 9,701,000.00 5.787 426 Certificates of Deposit - Maturity - _. 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 992 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 6.083 992 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 80,000.00 74,790.18 6.760 15 799 1.259 02/11/2005 08035AD77 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000 00 5.300 5 300 878 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6 780 15.798 1,230 01/13/2005 Portfolio CNC CC Run Dale ' 1/134001 . la 06 PM IPRF PM2) SymRaPt V5.021 CUSIP Investment 4 Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Purchase Date Par Value Market Value Page 4 Stated YTM/C Days to Maturity Book Value Rate Moody's 385 Maturity Date Negotiable/Transferable CDs 15640XBK6 203584AD9 258115AV6 30241HXE3 33847EGE1 32109VAH7 356611FU2060 39739BS36060 441800AY8060 45383NA04 47816HA83 51803KG35 51803AVLO 531554AG8 509685AC7 55256NKS2 564759LT3 55262W W R3060 685621CW2060 680061 BK3 82661YAG8 82668FCS4 798219A87060 858284GL2060 789369HG3 8649999X9 Run Date 11/13/7001 .14 Cb 10158 Centura National Bank 10071 Community Bank of Ravenswood 10041 Dora! FSB 10031 Farmers Bank 10159 FCC National Bank 10205 Flagstar Bank 10203 FNB of Lucedale 10195 FNB of America 10188 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 10160 Independent Bank W Michigan 10161 Johnson Bank 10078 Lasalle Bank NA 10327 Lasalle Bank NA 10166 Libertyville Bank & Trust 10165 Lake Forest Bank & Trust 10077 M & I Marshall & lisley Bank 10152 Manufacturers & Traders Trust 10151 MBNA America 10329 Bank of Mount Vernon 10038 Nations Bank (Barnett Bank) 10034 Orchard Federal Savings Bank 10076 Old National Bank 10341 Pony Express Bank 10339 Signal Bank N A 10137 Signet Bank 10146 San Jose National Bank 10135 State Bank of India 10075 St Francis Bank FSB 10347 Success National Bank 10281 Upstate National Bank 03/09/1999 95000.00 95,000.00 95,000.00 6.000 6.000 1,834 09/09/2006 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 879 01/28/2004 12/10/1998 99,000.00 99,000.00 98,384.22 5.350 5.493 830 12/10/2003 10/02/1998 100,000.00 75,94.9.98 75,948.98 5.650 13.769 761 10/02/2003 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 921 03/10/2004 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 255 05/14/2002 05/12/1999 97,000.00 106,960.93 97,000.00 5.500 5.500 254 05/13/2002 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 247 05/06/2002 04/07/1999 97,000.00 100,147.65 97.000.00 5.600 5.600 949 04/07/2004 04/28/1999 100,000.00 85,276.39 85,276.39 5.750 12.530 232 04/21/2002 02/23/1999 100,000.00 84,801.52 84,801.52 5.820 12.683 203 03/23/2002 03/17/1999 100,000.00 103,218.00 100,000.00 5.600 5.600 928 03/17/2004 09/15/1999 100,000.00 75.811.23 75,811.23 6.550 15.190 1,061 07/28/2004 11/20/1998 100,000.00 85,328.46 85,328.46 5.850 12.402 37 10/08/2001 04/07/1999 97,000.00 99,910.97 97,000.00 5.500 5.500 949 04/07/2004 03/15/1999 95,000.00 95,000.00 95,000.00 6.000 5.999 915 03/04/2004 03/17/1999 95,000.00 95,000.00 95,000.00 6.250 8.250 2,754 03/17/2009 01/25/1999 95,000.00 95,000.00 95,000.00 6.000 6.000 4,529 01/25/2014 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,524 04/26/2011 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 937 03/26/2004 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 937 03/26/2004 01/27/1999 95,000.00 95.000.00 94,818.55 6.050 6.076 2.705 01/27/2009 03/04/1999 95,000.00 95,000.00 93,114.92 5.500 5.847 1,637 02/24/2006 03/03/1999 97,000.00 99,037.00 97,000.00 5.400 5.400 548 03/03/2003 02/26/1999 100,000.00 69,971.36 69,971.36 6.550 15.910 1,474 09/14/2005 12/01/1998 99,000.00 99.000.00 99,000.00 5.850 5.850 701 08/03/2003 11/04/1998 99,000.00 90,500.85 99,000.00 5.750 5.750 794 11/04/2003 01/28/1999 95,000.00 95,000.00 94,772.00 6.000 6.032 2,706 01/28/2009 10/13/1999 100,000.00 65.799.53 65,799.53 7.240 21.020 1,205 12/19/2004 11/02/1998 95,000.00 95,000.00 95,249.24 6.500 6.432 711 08/13/2003 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 788 10/29/2003 03/03/1999 97,000.00 99,646.16 97,000.00 5.400 5.400 914 03/03/2004 02/12/1999 97,000.00 100,039.01 98,658.70 5.850 5.405 668 07/01/2003 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 2,707 01/29/2009 01/31/2000 100,060.00 100,000.00 79,937.85 6.270 14.114 882 01/31/2004 10/05/1999 100.000.00 78.963 99 78,963.99 6.570 14.890 783 10/24/2003 Portfolio CNC CC PM (PRF PM2) SYmRept V5 02' CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Purchase Date Par Value Market Value Page 5 Stated YTM/C Days to Maturity Book Value Rate Moody's 385 Maturity Date Negotiable/Transferable CDs 90331 V9X2 10353 10332 Federal Agency Securities 31331LFJ2C 31331LFTOC 31331LLK2C 31331LNJ3 3133M9NW8 3133M9NW8 3133MDLR2 3133MDUE1 3133MDY31 3133MDZ71 3133MDZN6 3133ME217C 3133MEF97C 3133MF6D5 3133MF4D7 3133MFC22 3133MFE61 3133MFGX0 3133MF4D7C 3133MFC22C 3133MFDGOC 3133MFG77C 3129233H6 3133MFPV4C 3133MFLV8C 3133MG3N4C 3133MFVJ4 3133M6G3N4 3133MGF87 3133MGRJ7 3133MGK47C Ror. Owe '.1;13r1001 • IA 06 10534 10540 10611 10622 10279 10285 10492 10495 10501 10531 10532 10537 10539 10579 10580 10581 10582 10583 10585 10586 10587 10588 10607 10609 10610 10613 10615 10616 10617 10818 10619 US Bank NA Wilmington Trust Co Subtotal and Average 3,893,267.74 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 1,251 02/03/2005 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 908 02/26/2004 3,994,000.00 3,814,382.03 3,647,300.00 8.476 1,187 04/12/2001 100,000.00 100,219.00 100,000.00 5.390 5.390 1,137 10/12/2004 04/26/2001 100,000.00 100,281.00 100,000.00 5.490 5.490 968 04/26/2004 07/18/2001 100,000.00 100,219.00 100,000.00 5.450 5.450 1,416 07/18/2005 08/15/2001 100.000.00 100,000.00 100,000.00 5.250 5.250 1,263 02/15/2005 08/25/1999 100,000.00 101,375.00 100,000.00 6.540 6.540 177 02/25/2002 08/25/1999 100,000.00 101,710.00 100,000.00 6.540 8.540 177 02/25/2002 03/26/2001 200,000.00 200,250.00 200,000.00 5.520 5.520 937 03/26/2004 03/29/2001 100,000.00 100.250.00 100,000.00 5.585 5.585 1,124 09/29/2904 04/05/2001 100000.00 100,170.00 100,000.00 5,210 5.210 947 04/05/2064 04/12/2001 100,000.00 100,190.00 100.000.00 5.210 5.210 954 04/12/2004 04/12/2001 100,000.00 100,160.00 100,000.00 5.400 5.400 1,138 10/13/2004 04/18/2001 100,000.00 100,250.00 100,000.00 5.490 5.490 1,143 10/18/2904 04/25/2001 99,875.00 100,155.65 99,875.00 5.485 5.485 1,332 04/25/2005 06/06/2001 100,000.00 100,420.00 100,000.00 5.575 5.575 1,192 12/06/2004 06/06/2001 2130,000.00 200,900.00 200,000.00 5.600 5.600 1,192 12/06/2004 06/07/2001 - 100,000.00 100,360.00 100,000.00 5.520 5.520 1,193 12/07/2004 06/14/2001 100,000.00 100,500.00 100,000.00 5.625 5.625 1,200 12/14/2004 06/20/2001 100,000.00 100,470.00 100,000.00 5.590 5.590 1.206 12/20/2004 06/06/2001 100.000.00 100,000.00 100,000.00 5.600 5.600 1,192 12/06/2004 06/07/2001 100.000.00 100,000.00 100,000.00 5.520 5.520 1,193 12/07/2004 06/13/2001 100,000.00 100,063.00 100,000.00 5.645 5.645 1,199 12/13/2004 06/20/2001 100,000.00 100,094.00 100,000.00 5.650 5.650 1,208 12/20/2004 07/25/2001 100,000.00 100,691.00 100,000.00 6.000 6.000 1,788 07/25/2006 07/03/2001 100,000.00 100,156.00 100,000.00 5.430 5.430 1,220 01/03/2005 07/05/2001 100,000.00 100,156.00 99,968.75 5.385 5.395 1,222 01/05/2005 07/26/2001 100,000.00 100,313.00 100,000.00 5.565 5.565 1,243 01/26/2005 07/12/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 1,229 01/12/2005 07/26/2001 200,000.00 200,000.00 200,000.00 5.565 5.565 1,243 01/26/2005 08/09/2001 100,000.00 100,000.00 100,000.00 5.420 5.420 1,257 02/09/2005 08/28/2001 100,000.00 100,000.00 100,000.00 5 230 5.230 1.276 02/28/2005 08/08/2001 100,600.00 100,313.00 100,000 00 5.260 5.280 1,256 02/08/2005 Portfolio CNC CC PM (PRF _PM2) SymRept VS 021 CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Purchase Date Par Value Market Value Page 6 Stated YTMC Days to Maturity Book Value Rate Moody's 385 Maturity Date Federal Agency Securities 3133MGRJ7C 3133MGSC1 3133MGFB7C 3133MGX1C 3133TGSG5 312923PB5 312923PB5C 312923SX4 3136FOSTOC 10620 Federal Home Loan Bank 10621 Federal Home Loan Bank 10623 Federal Home Loan Bank 10624 Federal Home Loan Bank 10301 Federal Home Loan Mrtgage Corp 10483 Federal Home Loan Mrtgage Corp 10484 Federal Home Loan Mrtgage Corp 10533 Federal Home Loan Mrtgage Corp 10612 Federal Natl. Mortgage Assoc. Pass Through Securities 31341 SZX2060 31341 RVL4060 31341 RDX8010 313401 WX5060 31341 UZL3060 313610E06060 31361SN51 31361T4J0060 31364TKP5060 31376PGY5 36216XMV0020 36217EBM3020 36202AXN2020 36202AX77020 36217LQ02020 36218VD59020 36217AUE8020 36202AYQ4020 36202A5C7020 36216NJL8020 36202A2B2020 3821614N8020 362161DT5020 36217LVM5020 Run Date. I 1/13/2C0'' • 14'CF. Subtotal and Average 4,770,811.49 10094 Federal Home Loan Mrtgage Corp 10095 Federal Home Loan Mrtgage Corp 10096 Federal Home Loan Mrtgage Corp 10099 Federal Home Loan Mrtgage Corp 10406 Federal Home Loan Mrtgage Corp 10092 Federal Natl. Mortgage Assoc. 10098 Federal Natl Mortgage Assoc. 10102 Federal Natl. Mortgage Assoc. 10103 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. 10079 Govt. National Mortgage Assoc 10080 Govt. National Mortgage Assoc. 10083 Govt. National Mortgage Assoc. 10084 Govt. National Mortgage Assoc. 10085 Govt. National Mortgage Assoc 10087 Govt. National Mortgage Assoc. 10088 Govt. National Mortgage Assoc. 10090 Govt. National Mortgage Assoc. 10091 Govt National Mortgage Assoc. 10105 Govt. National Mortgage Assoc 10106 Govt National Mortgage Assoc. 10107 Gov: National Mortgage Assoc. 10108 Govt. National Mortgage Assoc. 10109 Govt. National Mortgage Assoc. 08/28/2001 08/28/2001 08/09/2001 08/15/2001 12/01/1998 03/21/2001 03/21/2001 04/12/2001 07/18/2001 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 200,000.00 200,000.00 100,000.00 4,499,875.00 100.375.00 100,375.00 100,344.00 100,344.00 100,298.00 100,290.00 200,138.00 200,260.00 100,750.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 200,000.00 200,000.00 100,000.00 4,512,839.85 4,499,843.75 5.230 5.231 1,276 02/28/2005 5.250 5.251 1,276 02/28/2005 5.420 5.420 1,257 02/09/2005 5.275 5.275 1,283 02/15/2005 6.000 6.083 899 08/01/2003 5.665 5.685 1,116 09/21/2004 5.665 5.665 1,116 09/21/2004 5.450 5.450 1,137 10/12/2004 5.500 5.500 1,235 01/18/2005 5.542 1,138 02/18/1998 488.80 488.59 505.67 9.000 7.495 61 11/01/2001 02/18/1998 664.62 662.86 690.39 9.000 7.514 30 10/01/2001 02/18/1998 412.60 410.77 429.13 9.000 7.412 0 09/01/2001 02/18/1998 477.11 496,64 492.63 8.500 7.359 122 01/01/2002 08/22/2000 22,620.05 23,518.50 22,820.41 8.000 12.477 181 03/01/2002 12/23/1997 236.32 236.32 244.15 8.500 7.494 212 04/01/2002 02/18/1998 719.34 753.06 746.32 8.500 7.107 122 01/01/2002 02/18/1998 0.00 0.00 0.00 8.500 6.967 0 02/01/2002 02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 12/01/1998 40,306.67 41,937.48 42,607.85 8.500 6.626 668 07/01/2003 08/26/1997 4.78 5.02 4.96 8.500 6.671 44 10/15/2001 08/26/1997 78.58 82.56 81.51 8.500 8.727 105 12/15/2001 10/15/1997 568.51 591.65 589.84 8.500 7.361 110 12/20/2001 10/21/1997 1,276.68 1,328.64 1,324.58 8.500 7.495 141 01/20/2002 10/30/1997 2,189.00 2,299.99 2,272.50 8.500 6.657 136 01/15/2002 11/12/1997 1,017.17 1,068.74 1,059.16 8.500 6.685 379 09/15/2002 11/12/1997 3,769.11 3.951.53 3,894.04 8.000 6.424 195 03/15/2002 11/21/1997 2,368.92 2.459.88 2,445.94 8.000 7.239 172 02/20/2002 11/25/1997 3,554.22 3,698.89 3,687.55 8.500 7.000 384 09/20/2002 03/17/1998 -0.64 -0.64 -0.67 9.000 7.549 75 11/15/2001 03/17/1998 2,715.70 2.810.86 2,787.03 7.500 6.957 261 05/20/2002 03/17/1998 845.46 847.56 885.63 9.000 7.483 75 11/15/2001 03/26/1998 2.25 2.26 2.34 9.000 7.150 105 12/15/2001 04/16/1998 3,346.94 3.508.93 3,455 72 8.000 6.352 195 03/15/2002 Portfolio CNC CC PM (PRF_PM2) SymRept V5 011 City of National City Portfolio Management Portfolio Details - Investments August 31, 2001 Page 7 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment a Issuer Balance Date Par Value Market Value Book Value Rate Moody's 385 Maturity Date Pass Through Securities 36218NZQ7020 10110 Govt. National Mortgage Assoc. 04/16/1998 2,497.40 2,618.27 2,584.82 8.000 6.344 317 07/15/2002 36202AZU4020 10111 Govt. National Mortgage Assoc. 04/16/1998 2,549.93 2,653.72 2,692.98 8.500 7.513 231 04/20/2002 36202AW52020 10236 Govt. National Mortgage Assoc. 10/21/1997 390.51 406.42 405.17 8.500 6.624 80 11/20/2001 Subtotal and Average 101,614.68 93,098.03 96,836.50 95,909.63 8.095 408 Total Investments and Average 18,553,306.82 Rug Gate 'tn 3'7(i31 t4'06 18,382,973.03 18,221,978.58 18,039,053.38 6.284 756 Portfolio CNC CC PM (PRF PM2) SymRept V5 02t SymPro City of National City Activity Report Sorted By Brokers August 1, 2001 - August 31, 2001 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturlties Ending CUSIP Investment A Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance Certificates of Deposit - Maturity Subtotal and Balance Negotiable/Transferable CDs 710198GA4 29874FA32 10133 Peoples Bank 10134 European American Bank 190,000.00 190,000.00 95,000.00 95,000.00 5.500 68/13/2001 5.500 08/07/2001 0.00 95,000.00 0.00 95,000.00 Subtotal and Balance 3,403,000.00 0.00 190,000.00 3,213,000.00 Federal Agency Securities j Subtotal and Balance 100,000.00 100,000.00 t Pass Through Securities .� 31376PGY5 10126 Federal Nat Mortgage Assoc. 8.500 08/15/2001 0.00 490.19 Subtotal and Balance 140,796.86 0.00 490.19 140,308.67 Brokers Subtotal 20.338% 3,928,796.86 0.00 190,490.19 3,738,306.87 Brokers: Gifford Securities Inc Federal Agency Securities 3133MBXF9C 10405 Federal Home Loan Bank 7.030 08/21/2001 0.00 100,000.00 3133MEQH7C 10560 Federal Home Loan Bank 5.500 08/17/2001 0.00 100,000.00 3133MEW72C 10561 Federal Home Loan Bank 5.460 08/24/2001 0.00 100,000.00 3133MEZ20C 10562 Federal Home Loan Bank 5.340 08/24/2001 0.00 100,000.00 3133MGK47C 10619 Federal Home Loan Bank 5.260 08/08/2001 100,000.00 0.00 3133MGR.17C 10620 Federal Home Loan Bank 5.230 08/28/2001 100,000.00 0.00 3133MGFB7C 10623 Federal Home Loan Bank 5.420 08/09/2001 100,000.00 0.00 3133MGX1C 10624 Federal Home Loan Bank 5.275 08/15/2001 100,000.00 0.00 Run Date: O+/16/2002 - 14:35 Portfolio CNC CC DA (PRF, DA) SymRept V5.02f City of National City Activity Report • August 1, 2001 - August 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment A Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Subtotal and Balance 1,899,875.00 400,000.00 400,000.00 1,899,875.00 Brokers Subtotal 10.335% 1,899,875.00 400,000.00 400,000.00 1,899,875.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly Subtotal and Balance Negotiable/Transferable CDs 2,081,000.00 Subtotal and Balance 781,000.00 Pass Through Securities 36216XMV0020 10079 Govt. National Mortgage Assoc. 36217EBM3020 10080 Govt. National Mortgage Asses-. 36202AXN2020 10083 Govt. National Mortgage Assoc. 36202AX77020 10084 Govt. National Mortgage Assoc. 36217LQQ2020 10085 Govt. National Mortgage Assoc. 38218VD59020 10087 Govt. National Mortgage Assoc. 36217AUE8020 10088 Govt. National Mortgage Assoc. 36202AYQ4020 10090 Govt. National Mortgage Assoc. 36202A5C7020 10091 Govt. National Mortgage Assoc. 31341SZX2060 10094 Federal Home Loan Mrtgage Corp 31341RVL4060 10095 Federal Home Loan Mrtgage Corp 31341RDX8010 10096 Federal Home Loan Mrtgage Corp 313615N51 10098 Federal Natl. Mortgage Assoc. 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 36202r:9B2020 10106 Govt. National Mortgage Assoc. 3621614N8020 10107 Govt. National Mortgage Assoc. 362161DT5020 10108 Govt. National Mortgage Assoc. 36217LVM5020 10109 Govt. National Mortgage Assoc. 36218NZ07020 10110 Govt. National Mortgage Assoc. 36202AZU4020 10111 Govt. National Mortgage Assoc. 38202AW52020 10238 Govt. National Mortgage Assoc. 31341 UZL3060 10406 Federal Home Loan Mrtgage Corp Subtotal and Balance 82,833.98 Brokers Subtotal 15.854%. 2,924,833.98 Run Date'. 01/16/2002 - 14.35 8.500 08/15/2001 8.500 08/15/2001 8.500 08/20/2001 8.500 08/20/2001 8.500 08/15/2001 8.500 08/15/2001 8.000 08/15/2001 8.000 08/20/2001 8.500 08/20/2001 9.000 08/15/2001 9.000 08/15/2001 9.000 08/15/2001 8.500 08/25/2001 8.500 08/15/2001 7.500 08/20/2001 9.000 08/15/2001 9.000 08/20/2001 8.000 08/15/2001 8.000 08/15/2001 8.500 08/20/2001 8.500 08/20/2001 8.000 08/15/2001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 000 324.00 98.92 296.39 691.05 1.062.32 100.01 535.16 975.25 339.36 310 18 396.02 665.98 211.06 191.95 361.92 388.72 734.64 578.00 292.06 592.02 273.63 1,034.14 2,081,000.00 781,000.00 0.00 10,452.78 52,381.20 0.00 10,452.78 2,914,381.20 Portfolio CNC CC DA (PRF_DA) SymRept VS 021 City of National City Activity Report August 1, 2001 - August 31, 2001 Par Value • Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: Mischler Financial Group Inc Federal Agency Securities 31364G4L0 10277 Federal Natl. Mortgage Assoc. 6.170 08/07/2001 0.00 100,000.00 86387R2P6 10278 Sallie Mae Agency Bond 6.300 08/24/2001 0.00 100,000.00 31331LNJ3 10622 Federal Farm Credit Bank 5.250 08/15/2001 100,000.00 0.00 Subtotal and Balance 500,000.00 100,000.00 200,000.00 400,000.00 Brokers Subtotal 2.176% 500,000.00 100,000.00 200,000.00 400,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MGSC1 10621 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 0.544% 0.00 0.00 5.250 08/28/2001 100.000.00 0.00 100,000.00 100,000.00 0.00 100,000.00 0.00 100,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10389 Universal Savings Bank FSB 7.500 08/16/2001 10403 First State Bank - Wisconsin 7.400 08/16/2001 10407 Community Savings Bank 7.250 08/31/2001 Subtotal and Balance 7,727,000.00 Brokers Subtotal 40.419% 7,727,000.00 0.00 0.00 0.00 99,000.00 99,000.00 99,000.00 0.00 297,000.00 7,430,000.00 0.00 297,000.00 7,430,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133M9J45 10360 Federal Home Loan Bank 31364K2M1 10466 Federal Nall. Mortgage Assoc 31331LEV6 10498 Federal Farm Credit Bank 31331LGU6 10543 Federal Farm Credit Bank 3133MEYN5 10558 Federal Home Loan Bank 3133MEXR7 10559 Federal Home Loan Bank 3133MGFB7 10617 Federal Home Loan Bank 3133MGRJ7 10618 Federal Home Loan Bank Run Date C1/1612002 - 14 35 6.060 08/16/2001 6.000 08/23/2001 5.220 08/09/2001 5.500 08/15/2001 5.250 08/24/2001 5.300 08/24/2001 5.420 08/09/2001 5.230 08/28/2001 0.00 0.00 0 00 0.00 0.00 0.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 0.00 0.00 Portfolio CNC CC DA (PRF_ DA) SymRept V5.021 City of National City Activity Report August 1, 2001 • August 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 4 Subtotal and Balance 2,300,000.00 200,000.00 Brokers Subtotal 10.336% 2,300,000.00 200,000.00 600,000.00 1,900,000.00 600,000.00 1,900,000.00 Total 100.000% 19,280,505.84 Run Date: 01/16/2002 - 14:35 800,000.00 1,697,042.97 18,382, 58287 Portfolio CNC CC DA (PRF_DA) SymRepl V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT AUGUST 31, 2001 FUND ENDING NUMBER FUND TITLE BALANCE 001 GENERAL FUND 3,107,287.27 103 GENERAL CAPITAL OUTLAY FUND 501,511.68 106 GRANT -CA LITERACY CAMPAIGN 876.09 107 RETIREMENT FUND 489.16 108 LIBRARY CAPITAL OUTLAY 130,701.76 109 GAS TAXES FUND 1,262,050.98 110 EMERGENCY PREPAREDNESS FUND 50,000.00 113 CULTURAL ARTS FUND 100,000.00 115 PARK & REC CAPITAL OUTLAY FUND 34,159.95 120 PLAN CHECKING REVOLVING FUND 23,341.84 123 GRANT -FAMILIES FOR LITERACY 8,376.11 125 SEWER SERVICE FUND 9,134,103.31 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 195,327.52 131 ASSET FORFEITURE FUND 321,597.01 136 TINY TOT CLASSES FUND 10,827.79 145 JUVENILE EDUCATION FUND 5,885.15 154 STATE PUBLIC LIBRARY FUND 108,606.11 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 26,019.25 159 GENERAL PLAN UPDATE RESERVE 206,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 20,155.78 172 TRASH RATE STABILIZATION FUND 392,946.89 173 NATIONAL SCHOOL DIST CONTRACT 8,327.84 174 SWEETWATER SCHOOL DIST CONTRAC 51,182.10 178 POLICE REIMBURSED OVERTIME 89,214.52 178 POLICE HAT BADGES 36.28 179 NPT BUS DONATIONS FUND 614.65 183 LITERACY INITIATIVES VI 1,991.68 189 CIVIC CENTER REFURBISHING 1,676,079.95 190 30TH STREET CLEANUP FUND - 1303 245,800.77 191 GRANT -STOP PROJECT 82.767,74 195 LANDSCAPE RESERVE 869,415.61 196 CAPITAL PROJECT RESERVE 749,397.00 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 11,730.79 199 SOUTH BAY COMMUNITY SERVICES GRANT 36,441.00 200 30TH STREET CLEANUP FUND - 1304 627,816.79 203 PARK SECURITY/GTE LEASE 28,000.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 121,150.11 209 FY99-00 LITERACY INITIATIVES VIII 8.60 210 FY99-00 F.U.L.F.I.L.L. 12,068.16 211 SECURITY AND ALARM REGULATION FUND 84,426.88 212 PERSONNEL COMPENSATION FUND 349,228.00 213 LOCAL LAW ENF BLOCK GRANT 99-00 124,389.36 214 EVERY 15 MINUTES GRANT FY 99-00 2,833.95 219 FY00-01 LITERACY INITIATIVE IX 131,730.77 220 LOCAL LAW ENF BLOCK GRANT FY 00-01 83,919.46 222 WOW MOBILE GRANT FY 00-01 49,589.14 223 FACE TO FACE INFORMATION FY 00-01 6,309.60 225 ENGLISH LANGUAGE LITERACY INCENTIVE 74,544.53 226 GROWING WITH MOTHER GOOSE GRANT 10,926.33 229 CLEEP GRANT 118,944.27 270 NUISANCE ABATEMENT FUND 2,633.38 303 CAPITAL FACILITIES FUND 399,571.00 304 PARK DEVELOPMENT FUND 139,139.25 307 PROPOSITION A' FUND 2,168,519.92 308 GRANT -HIGHWAY BRIDGE REHAB 864,314.91 312 STP LOCAL/TRANSNET HIGHWAY . 480,306.82 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 33,189.00 343 STATE -LOCAL PARTNERSHIP 107,552.42 347 PUBLIC RESOURCES ACCOUNT 8,686.45 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 627 LIABILITY INS. FUND 4,301,866.99 629 INFORMATION SYSTEMS MAINTENANC 129,285.29 630 OFFICE EQUIPMENT DEPRECIATION 1,942,824.28 631 TELECOMMUNICATIONS REVOLVING 389,982.53 633 UNEMPLOYMENT INSURANCE RESERVE 104,221.00 643 MOTOR VEHICLE SVC FUND 480,010.99 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 43,645.11 1/16/02 TOTAL 33,002,002.39 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING AUGUST FUND # FUND TITLE 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 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 176 POLICE REIMBURSED OVERTIME 185 COPS MORE 97-CM-WX-0949 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 193 COPS GRANT PART III 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 204 GALE GRANT 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00 225 ENGLISH LANGUAGE LITERACY INCENTIVE 228 GROWING WITH MOTHER GOOSE GRANT 232 TRAN DEBT SERVICE FUND 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 343 STATE -LOCAL PARTNERSHIP 347 PUBLIC RESOURCES ACCOUNT 552 TDA 627 LIABILITY INS. FUND 632 GENERAL ACCOUNTING SERVICES 721 LIBRARY TRUST FUND TOTALS AUGUST REVENUE 2,231,502.68 240,000.00 0.00 4,500.00 1,021.79 102,043.82 21,115.20 575.80 7,255.32 0.00 393,436.90 24,567.08 18,474.18 0.00 0.00 0.00 6,535.00 0.00 15,041.61 8,769.08 0.00 0.00 1,038.49 12,286.00 0.00 0.00 2,299.21 0.00 0.00 3,206.01 0.00 0.00 0.00 0.00 18,900.00 0.00 0.00 0.00 0.00 0.00 63,164.12 0.00 45,000.00 0.00 0.00 0.00 0.00 117,536.45 122,850.20 0.00 0.00 3,461,118.94 I:\Common\FINANCE\Crystal Reports\Cash Reconciliation\Revenue Balances Report.rpt YTD REVENUE 2,164,720.66 240,000.00 -11,114.64 -8,451.37 1,121.51 -113,277.58 29,557.80 1,325.80 12,320.36 10,883.75 -108,570.93 84,409.23 -23,624.22 -25,442.00 -64,372.11 113,080.11 19,324.75 - 41,982.14 32,432.04 892.01 -52,158.00 -59,115.73 2,103.55 29,030.00 - 18,750.00 36,441.00 4,662.86 -9,784.94 12,068.16 7,476.01 124,389.36 -43,177.92 194,305.35 83,919.46 59,669.26 12,615.14 83,263.02 12,147.33 -1,219.36 -205,440.13 -59,985.48 -172,947.15 755,918.77 -7,862.28 - 359,925.59 -649.61 -49,140.00 196,383.25 161,949.39 35.00 -713.43 3,048,740.32 /5 i7 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING AUGUST FUND NO. FUND TITLE AUGUST YTD.AUG 001 GENERAL FUND 4,670,752.80 5,798,493.78 104 LIBRARY FUND 82,224.73 101,155.10 105 PARKS MAINTENANCE FUND 70,278.07 84,655.00 108 LIBRARY CAPITAL OUTLAY 0.00 193.47 109 GAS TAXES FUND 20,363.92 25,249.39 111 P.O.S.T. FUND 10,619.37 14,806.78 112 LOWER SWEETWATER FUND 2,654.79 4,254.28 120 PLAN CHECKING REVOLVING FUND 0.00 11,629.76 123 GRANT -FAMILIES FOR LITERACY 1,519.10 2,507.64 125 RESURFACE STREETS 5,238,495.76 5,258,895.26 130 EMT-D REVOLVING FUND 1,318.70 1,318.70 136 TINY TOT CLASSES FUND 0.00 35.35 147 GRANT -JUDGE PROGRAM 3,552.31 5,184.18 154 STATE PUBLIC LIBRARY FUND 2,846.47 3,538.77 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,904.16 (62,589.76) 172 TRASH RATE STABILIZATION FUND 1,905.48 2,414.59 173 NATIONAL SCHOOL DIST CONTRACT 2,892.02 3,107.33 174 SWEETWATER SCHOOL DIST CONTRAC 7,178.95 9,098.17 182 COPS GRANT PART II 9,816.28 10,985.01 188 GRANT - HIDTA 4,321.76 6,099.63 190 30TH STREET CLEANUP FUND - 1303 29,974.25 29,974.25 191 GRANT - STOP PROJECT 21,894.86 24,310.60 192 LEASE ESCROW FUND 103.88 (119,083.63) 193 COPS GRANT PART III 2,938.42 3,155.16 196 CAPITAL PROJECT RESERVE 10,625.73 10,340.19 200 30TH STREET CLEANUP FUND - 1304 2,002.62 2,002.62 211 SECURITY AND ALARM REGULATION FUND 3,025.00 3,821.70 218 HIHG INTENSITY PREVENTION ZONE 8,851.13 9,530.90 219 FY00-01 LITERACY INITIATIVE IX 44,714.00 62,574.58 222 WOW MOBILE GRANT FY 2000-2001 6,382.49 8,437.00 223 FACE TO FACE INFORMATION GRANT FY 00-01 5,172.86 6,305.54 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 1,850.69 8,083.05 228 GROWING WITH MOTHER GOOSE GRANT 0.00 1,221.00 229 CLEEP GRANT 9,489.05 9,489.05 230 ABANDONED VEHICLE ABATEMENT GRANT 10,311.65 12,296.45 301 DUSK TO DAWN LIGHT 417,938.40 477,227.12 302 CDC PAYMENTS 34,934.67 48,594.77 307 N.C. BLVD BRIDGE 30,400.32 54,640.52 313 GRANT-CMAQ 14,997.40 14,997.40 343 STATE -LOCAL PARTNERSHIP 87.08 87.08 348 STATE GRANT 0.00 90.00 552 TOKENS REVENUE 394,520.44 670,460.84 626 FACILITIES MAINT FUND 192,321.21 196,907.23 627 LIABILITY INS. FUND 185,908.41 385,177.86 628 GENERAL SERVICES FUND 24,172.47 19,113.59 629 INFORMATION SYSTEMS MAINTENANC 12,279.89 57,696.13 630 OFFICE EQUIPMENT DEPRECIATION 75,995.67 75,995.67 631 TELECOMMUNICATIONS REVOLVING 25,555.18 38,790.91 632 GENERAL ACCOUNTING SERVICES 47,902.19 57,964.64 643 MOTOR VEHICLE SVC FUND 76,189.80 87,046.01 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 11,823,184.43 13,538,315.77 City of National City Pooled Investment Transactions Report For the Month of August 2001 Date Description Institution Ref. No. Amount Beginning Balance 17,403,864.66 8/3 Withdrawal LAIF 954256 (300,000.00) 8/17 Deposit LAIF 341662 977,000.00 8/24 Deposit LAIF 332966 600,000.00 8/27 Withdrawal LAIF 585952 (2,300,000.00) 8/28 Withdrawal LAIF 791473 (300,000.00) 8/30 Withdrawal LAIF 714652 (200,000.00) Ending Balance 15,880,864.66 0801 Combined Cash Reconciliation Worksheets Page 1 1/16/02 17 / 17 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT January 22, 2002 AGENDA ITEM NO. 11 / ITEM TITLE AN ORDINANCE AMENDING TITLE 4 OF THE NCMC BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAPTER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT" PREPARED BY DEPARTMENT Rudolf Hradeckyl City Attorney EXPLANATION Please see attached staff report. Environmental Review _X_ N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. ,. Approve Ordinance in concept and direct the Planning Director to transmit the proposed Ordinance to the Planning Commission for appropriate action. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report Proposed Ordinance STAFF REPORT REGARDING TRANSIENT OCCUPANCY TAX At a workshop held on December 17, 2001, the City Council considered issues affecting transient occupancy tax (hereinafter "TOT") and the maximum length of occupancy to be allowed at hotels and motels. Representatives from the hotel industry were invited to participate and were in attendance at the workshop. A report by the City Attorney, dated October 16, 2001, regarding clarification of the relationship between transient occupancy taxes and the definition of "transient" is attached as Attachment "A" for your reference. Briefly stated, the National City Municipal Code does appear to limit occupancy stays at hotels and motels to a maximum of thirty (30) days, and does not allow for a refund of TOT taxes to transient guests who stay beyond thirty (30) days. Representatives from the hotel industry have claimed that it is impractical to limit occupancy to a maximum of thirty (30) days, and that City policy to not allow a refund of TOT tax to a person who exceeds a thirty (30) day stay puts the hotel industry in National City at a competitive disadvantage to Chula Vista and San Diego. Following lengthy discussion at the workshop, a consensus appeared to emerge that there was no practical reason to limit hotel/motel stays because business and economic necessity generally dictates that consideration. The Council also appeared receptive to allowing for a refund of the TOT tax paid by a transient who stays beyond thirty (30) days, based on maintaining a competitive thriving hotel industry in National City. Staff has therefore prepared an ordinance that accomplishes those two principal objectives, based on what it perceives the sense and direction of the Council to be, along with a few administrative clarifications on unrelated TOT issues. The revisions to Title 4, Chapter 4.32 provide for a clearer definition of a "transient" by reference to Civil Code Section 1940(b), for a refund of TOT when occupancy exceeds thirty (30) days, and adds "recreational vehicles" to the definition of "hotel". This latter will allow TOT to be charged to RV's that will eventually stay at the Marina. The remaining revisions are administrative and also clarify who is initially exempt from the payment of taxes. The revision that is proposed for Title 18 of the Land Use Code modifies the definition of "transient" from a person who stays for thirty (30) days or less, to instead read: "Transient means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provisions of Civil Code Section 1940(b) " Staff Report Transient Occupancy Tax Agenda of January 22, 2002 Civil Code Section 1940(b) provides that persons who stay at hotels and similar guest facilities are not entitled to protection against eviction and unlawful detainers. Hotel guests can be locked -out and dispossessed without recourse to judicial protection for lack of payment. By incorporating reference to the Civil Code, our proposed definition will maintain a clear distinction between a "tenant" or "lessee" who is entitled to judicial protection and a hotel guest who, as a temporary lodger, is not —regardless of the length of continuous stay by that transient guest at the hotel. A copy of Civil Code Section 1940 is attached as Attachment "B". Any revision to Title 18 of the Land Use Code must fast be referred to the Planning Commission for review. If this proposal meets with the Council's approval, the Planning Director will take the necessary implementing action, and refer relevant portions to the Planning Commission for review before bringing the proposed ordinance back for Council action. 'Is City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950.4301 George H. Eiser, ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: October16, 2001 FROM: City Attorney SUBJECT: Report on Clarification of the Relationship between Transient Occupancy Taxes and the Definition of "Transient" PURPOSE The purpose of this memorandum is to seek the guidance of the City Council concerning a Matter of policy regarding Transient Occupancy Taxes and the length of stays to be allowed at hotels and motels. This office,in consultation with both the Finance Department and the ' Planning Department, perceives that there are areas for needed clarification in the respective ordinances governing Transient Occupancy Taxes ("TOT") and permissible length of stays at hotels and motels. BACKGROUND The Finance Department had conducted a TOT audit last year of one of the hotels. After several meetings with the hotel operators, resolution of the amount owed in back TOT was reached. During that process, however, the operators suggested revisions be made to the TOT ordinance to allow for the refund of TOT once the guest stays beyond 30 days. Certain administrative clarifications to the TOT ordinance were also suggested. While that proposal was being considered by Staff, the operators of Extended Stay America processed a conditional use permit along with a request to amend the land use code to allow for guest stays beyond 30 days. The City Council, in its regular meeting of March 8, 2001, voted to deny the CUP to Extended Stay America, and rejected the idea of amending the land use code to allow for stays beyond 30 days. The Council expressed its concerns regarding the absence of on -site management and the presence of kitchen facilities. The length of proposed occupancy also created concerns about community appearance, noise disturbances, criminality and similar effects. Following the Council's action, both Planning and Finance staff again met, and reviewed the net effect of the situations presented by the TOT audit and the Council's expressed desire not to allow guest stays beyond 30 days. Recycled Paper Attachment "A" Page 1 Transient Occupancy Taxes and the Definition of "Transient" October 16, 2001 Page Two LEGAL ISSUES ANWFCTING OCCUPANCY LIMITS Currently, the National.. City Land Use Code does not make it illegal, per se, for hotels or motels to allow occupancy for more than 30 days. The current definitions of "hotel" in Section 18.04.326 and "motel" in Section 18.04.434 refer to a place of accommodation for "transients". The term "transient" is then defined by both the Transient Occupancy Tax (TOT) provisions (Section 4.32.020) and the Land Use Code (Section 18.04.614) as a person who occupies a room for 30 consecutive days or less. Historically, City Staff has administered these sections as a restriction against stays of more than 30 days. However, it is our view that this definition, standing alone, may not be a legally sufficient regulation against stays exceeding 30 days. Since it appears to be the intent of the Council to restrict hotel and motel stays to 30 days or less, the Land Use Code should be amended to clearly create such a restriction. Whether that could potentially reduce sales tax revenues and have related indirect economic effects to TOT revenues, is a policy matter for the Council to consider. ISSUES APPECTING TOT Both San Diego and Chula Vista refund TOT to a transient after 30 days of occupancy has elapsed. National City does not, and the National City hotel industry does not necessarily restrict hotel occupancy to stays of 30 days or less. One hotel operator in National City, in particular, has advised that it has hosted travelers and government contractors from the shipyards with stays exceeding 45 to 60 days, and that this is considered to be a very desirable practice from a business standpoint. The hotel industry had also suggested that TOT be refunded after 30 days in order for them to remain competitive with neighboring cities. Pursuant to state law, TOT may be collected only for the first 30 days of occupancy. State law does not require a refund for the initial 30 days' stay once the transient stays beyond 30 days. Since San Diego and Chula Vista refund the tax completely and National City does not, any proposal to allow a TOT refund once the transient stayed beyond 30 days would be in conflict with discouraging stays beyond 30 days. It would also require a code amendment. National City receives approximately $900,000 per year in TOT revenues. Any refund would negatively impact those revenues, and the Finance Director is not in favor of TOT refunds. However, there is a need for clarifying language. Attachment "A" Page 2 Transient Occupancy Taxes and the Definition of "Transient" October 16, 2001 Page Three OPTIONS If the Council wishes to make it clear that occupancy beyond 30 days in a hotel or motel is prohibited, and that TOT is to be collected for the first 30 days of occupancy and shall not be subject to refund, then a clarifying ordinance revision is recommended. If changes are to be made to Title 18, those changes would also need to be first reviewed at the Planning Commission. The possible options the Council may wish to consider in this regard are as follows: I. A. Direct staff to prepare an ordinance to clarify that hotel/motel stays are restricted to a maximum of 30 days, or some other number (e.g., 45 days, 60 days, 90 days, etc.). B. If a greater number of days is selected, consider whether to allow that at all hotels/motels, or whether to impose restrictions on the length of stays only to hotels/motels that provide kitchenette facilities, and that do or do not have on -scene management staff, or some combination of those and other accommodation factors. II. A. Direct staff to prepare an ordinance to clarify that TOT is not refunded for the first 30 days of occupancy, regardless of the actual length of occupancy; or, B. To refund TOT for the first 30 days if occupancy is also allowed to exceed 30 days at designated facilities. IIl. Continue for further consideration and for direction to staff. STAFF RECOMMENDATIONS 1. Amend Title 4 to clarify that TOT is not refunded for the first 30 days of occupancy, and make other minor administrative clarifications. 2. Amend Title 18 to clarify time limits for occupancy. Depending on the options chosen by Council, appropriate language for amendment to Titles 4 and 18 will be prepared and processed accordingly. GEORGE H. EISER, III City Attorney RH/gmo cc: City Manager Planning Director Finance Director Attachment "A". Page 3 CIVIL CODE section 1947.15. Rent control; calculation of fair return to owner; reasonable evpensr.s, tees and costa for professional services. 1949. Tenant's obligation to deliver certain no- tices to landlord; damages. 1960.6. Security for rental agreement for dwell- ing property of tenant; "security" de- fined; limits on amount; mutual agreements; priority; claims against security; itemized statement and ac- counting; landlord's successors in in - Section 1960.6. 1961.4. 1962.6. $1940 terest; itemized statement of deduc- tions from security; damages; actions in small claims court; evidence. " Rental application screening fees; amount; receipt; copies of credit re- ports; construction of section with housing assistance programa. Remedy provided by lease; provisions. Applicability to leases between public entities and nonprofit corporations; substitution of remedies for breach. Official Forms Mandatory and optional Forma adopted and approved by the Judicial Council are set out in West's California Judicial Council Forms Pamphlet. • Law Review and Journal Commentaries Review of selected 1989 California legislation. 21 Pan L.J. 536, 538, 641, 642 (1990). ¢ 1940. Application of chapter, "persona who hire", defined (a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants,lessees, boarders, lodgers, and others, however denominated. (b) The term "persons who hire" shall not include a person who maintains either of the following: (1) Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be.subject to tax under Section 7280 of the Revenue and Taxation Code. The term "persons who hire" shall not inchude. a person to whom this paragraph pertains if the person has not made valid payment for -all room and other related charges owing as of the last day on which his or her occupancy is or would be subject totax under Section 7280 of the Revenue and Taxation Code. (2) Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents: (A) Facilities for the safeguarding of personal property pursuant to Section 1860. (B) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission. (C) Maid, mail, and room services. (D) Occupancy for periods of less than seven days. (E) Food service provided by a food establishment, as defined in Section 113780 of the Health and Safety Code, located on or adjacent to the premises of the hotel or motel and owned or operated by the innkeeper or owned or operated by a person or entity pursuant to a lease or similar relationship with the innkeeper or person or entity affiliated with the innkeeper. (c) "Dwelling unit" means a stricture or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. (d) Nothing in this section shall be construed to limit the application of any provision of this chapter to tenancy in a dwelling unit unless the provision is so limited by its specific terms. (Amended by Stats.1994, c. 680 (S.B2088), ¢ 1; Stats.1996, c. 1023 (S.13.1497), a 28, eff. Sept. 29, 1996.) Historical and Statutory Notes 1994 Legislation The 1994 amendment rewrote sobda (b)(P) and (bX2XC): and inserted subd. (bX2XE), relating to food service provided by a food establishment 1996 Legislation The 1996 amendment, in subd. (bX2XE), substituted "113780" for "27520"; and made a oonsubstantive change. Legislative findings, declaration and intent relating to Stata1996, c. 1023 (S.B.1497), see Historical and Statutory Notes under Business and Professions Code 4 690. Subordination of legislation by Stata.1996, c. 1003 (S.B. 1497), see Historical and Statutory Notes under Business and Professions Code 1 690. Additions or changes Indicated by underline; deletions by asterisks * * * 55 Attachment "B" Page 1 § 1940 CIVIL CODE Cross References Real estate brokers, solicitation for transient occupan- Records and account books, maintenance, see CM des,i88d Definition exemption, see sinas and Professions Code! Bu Code ! 10131.01. Library References ALE Library Within & Epetebn, Criminal Law (2d ad) ! t180. Landlord's liability to third person fort' resulting from attack on leased premier: by dangerous or vicious animal kept by tenant 87 ALR4611004. Provision in lease as to purpose for which premien; are to be used ea excluding other uwa. 86 ALR4th 259. Legal Jurisprudences Cal Jur 3d Crim L I 1444.; Eject 1 126,; Mcbile. ! 14.; Mml ! 200. Treatises and Practice Aida Witldn, Smmtmaey (9th ed) Agency ! 260. The Ratter Group, Landlord -Tenant (Friedman, Garda & llagarty) !! L39, 2:40.1, 3:129, 5:404, 7:6, 7:6.1, 7:104.2, 9:68. The Rutter Group, Real Property T4saactions (Green- wald & Aaimorr) ! 2.97.2. Miller & Stan, Cal Real Estate 2d fi 1&6, 18:91, 1&120. Farms B•W Cat CM Practice: Bugloss' Litigation !! 66:4, 56:41 Witldn, Summary (9th ed) Real Prop If 520, 626, 566, B•W Cal Civil Practice: Real Property Litigation 679, 696, 701, 729A. H 16 3, 16 4, 17:11,19:8,199, 80.2. In general 1 Nature of lease 2 L In general Tenant who has been accepted by consent of landlord without formal agreement may be entitled to invoke pea tection of rent control laws. Get: v. City of West Holly- wood (App. 2 Dist. 1991) 284 Cal.Rptr. 631, 233 Cal. App.3d 625, review denied. Notes of Decisions 2. Nature of lase Statute protecting lessees from unlawful acts of retalia- tion is not limited to lases of dwelling units, and thus, statute applies to mobile home park tenants who own their own dwellings and merely rent space from their landlord. Rich v. Schwab (App. 4 Dist 1998) 76 Cal. Rptr.2d 170, 63 CaLApp.4th 803, rehearing denied, as modified, review denied. § 1940.1. Avoiding application of chapter by requiring occupant to move before occupancy of 30 days; civil penalty, attorney fees (a) No person may require an occupant of a residential hotel, as defined in Sion 50519 of the Health and Safety Code, to move, or to cheek out and reregister, before the expiration of 30 days occupancy if a purpose is to avoid application of this chapter pursuant to paragraph (1) of subdivision (b) of Section 1940. (b) In addition to any remedies provided by local ordinance, any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars (M500). In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees. •• • (Added by Stats.1990, c. 1235 (A.B.3926), § 1. Amended by Stats.1991, c. 246 (A.B.537), § 1, eff. July 29, 1991.) Historical and Statutory Notes 1991 Legislation The 1991 amendment inserted "of a residential poi, as defined in Section 60619 of the Health and Safety Code"; and deleted sabd. (c) which had read: 'This section doe not apply to any person who lets a dwelling definitiono�f'pe soto onnsewho�ehire' p�ursutsnt subdivision (b) excluded from fi of Section 1940. 'Persons who hire' do not lose their status as ludo upon the voluntary payment by the propri- etor of any tic under Section 7200 of the Revenge and Taxation Code where the tax levied ender that section does not apply to such persons' occupancy." Section 2 of Stats.1991, e. 246 (A.B.537), provides: "This act is an urgency statute necessary for the imme- diate preservation of the public peace, health, or safety within the meaning of Artie N of the Constitution and shall go into immediate effect The facts .ometldrtlng the necdeifp are: "Because there are pending ass that require els: tam lion of the intended effect of Section 1940.1 of the Civil Codd, it is necessary that this act take effect immediate - Additions or changes Indicated by underline; deletions by astsrlske 56 • • Attachment "B" Page 2 ORDINANCE NO. 2002 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAPTER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT" BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 4, Chapter 4.32 is amended by amending Sections 4.32.020, 4.32.030, 4.32.040, 4.32.070 and 4.32.110 to read as follows: 4.32.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: A. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for temporary occupancy by guests for dwelling, lodging or sleeping purposes, and includes any inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, any mobilehome, house trailer or recreational vehicle located at a fixed location, or any other similar structure or portion thereof used for temporary occupancy. (B through E - No change.) F. "Tax administrator" means the City Treasurer or Finance Director. G. "Transient" means any person who exercises temporary occupancy or is entitled to temporary occupancy in a hotel, as defined, by reason of concession, permit, right of access, license or other agreement that is subject to the provisions of Civil Code Section 1940(b). 4.32.030 Tax imposed. A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator for each day of the first thirty (30) days of occupancy. In determining whether a person is a transient subject to tax, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. The tax is due for each full or partial consecutive period of occupancy by that transient. Said tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax Shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. B. Any tax collected shall be refunded to a transient guest after his or her occupancy exceeds thirty (30) continuous days. Refund of tax shall not alter the transient status of the guest under Civil Code Section 1940(b). 2002 Ordinance Transient Occupancy Tax 4.32.040 Exemptions. A. No tax shall be imposed: 1. When hotel rents are directly paid by the United States Government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States Government or a federal agency or instrumentality. This exemption does not exempt a transient who is employed by a business entity that is under contract to a federal entity from payment of the tax for a room rented by that transient even though the payment is later to be reimbursed by the federal entity; 2. When hotel rents are directly paid by the State of California or a state agency. This exemption does not exempt a transient who is employed by the State from payment of the tax for a room rented by that transient even though the payment is later to be reimbursed to the transient by the State. 3. When the transient is by treaty or federal or state law exempt from payment of transient occupancy taxes. B. No exemption shall be granted under subsections (A)(1), (A)(2) or (A)(3) except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Documentation in support of the claim for exemption, such as copies of government issued contracts, official travel orders, government credit card payment vouchers, purchase orders or checks, shall be presented with the exemption form. Completed exemption forms along with supporting documentation shall be returned to the tax administrator with the corresponding tax remittance. 4.32.070 Operator — Returns. Each operator shall, on or before the last day of the month following the close of each calendar month, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator, with any exemption forms and supporting documentation applying to the reporting period. The return is filed as of the date of the receipt issued by the tax administrator or if mailed as of the date of postmark, provided payment is actually received by the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder when deemed necessary in order to insure collection of the tax and the tax administrator may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator 4.32.110 Operator — Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three calendar years, excluding the then current year, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. 2002 Ordinance 2 Transient Occupancy Tax Section 2. follows: That Title 18, Chapter 18.04, Section 18.04.684 is amended to read as 18.04.684 Transient. "Transient" means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provision of Civil Code Section 1940(b). Section 3. That the City Council finds that the proposed code amendments to Title 18 are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendments will modify the Code requirements regarding occupancy in hotels, motels and other temporary housing and will neither modify the zoning designations nor increase the intensity of use for any property. Section 4. That the City Council fords that the proposed Code Amendment to Chapter 18.04 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses that are compatible with adjoining neighborhoods and business districts and the economic development goals of the General Plan to provide a favorable climate for attracting new, high -quality business activity into the City. PASSED and ADOPTED this day of , 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: ge.:. George H. Eiser, III City Attorney George H. Waters, Mayor 2002 Ordinance 3 Transient Occupancy Tax City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 AGENDA ITEM NO. _ ( ITEM TITLE NOTICE OF DECISION -- CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 303 PALM AVENUE (APPLICANT: SPRINT PCS) (CASE FILE NO. CUP-2001-10) PREPARED BY Andrew HoskinsonDEPARTMENT Planning EXPLANATION The project site is the 3.65 acre National Guard Armory property on the east side of Palm Avenue adjacent to Interstate 805 in the Civic Institutional (IC) zone. In addition to the Armory buildings and related equipment on -site, there is an existing wireless communications facility, a 60 foot tall monopole, on the rear of the property near Interstate 805. The applicant is proposing to place three 13 inch diameter flag poles, with a maximum height of 40 feet, in front of the main building where an existing flag pole now stands. Each of the flag poles will house two antennas. The applicant will also construct a 350 square foot equipment enclosure designed to match the existing building. The Planning Commission held an intial public hearing November 5, 2001. The Commission continued the item to the December 3, 2001 meeting to allow for thorough examination of the feasibility of locating the proposed facility on the existing monopole in such a way as to improve the appearance of the monopole. The applicant cited technical difficulties in doing this. Additionally, a National Guard representative explained the security issues involved, and noted the National Guard's desire for the new flag poles, and belief that they would improve the appearance of the front of the Armory property. The Commission mentioned the desirability of stealth wireless facilities and voted to approve the Conditional Use Permit. i Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Unanimous ATTACHMENTS (Listed Below) Resolution No. 1. Planning Commission Resolution No 1-2002 2. Location Map RESOLUTION NO. 1-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 303 PALM AVENUE APPLICANT: SPRINT PCS CASE FILE NO. CUP-2001-10 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at 303 Palm Avenue at a duly advertised public hearing held on November 5, 2001, and continued to the meeting of December 3, 2001 at which times oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. CUP-2001-10, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; 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 hearings held on November 5 and December 3, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 3.65 acre property can accommodate the 350 square foot equipment enclosure and three poles, in addition to the National Guard Armory and existing wireless communications facility. 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 will be unmanned and will typically be visited once a month, and the site can be accessed from Palm Avenue, a collector road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the equipment enclosure will be designed to match the existing building on site, and since the poles are an appropriate accessory element to the National Guard Armory use. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of wireless communications devices, which are demanded by many customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 303 Palm Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A 2nd Revision, Case. File no. CUP- 2001-10, dated 10/9/01. 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. 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. 4, A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director, The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Required landscaping and irrigation shall be installed concurrently with the installation of the proposed antenna structure, and shall be continuously maintained by the applicant for the duration of this Conditional Use Permit. 5. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific cage. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 8. 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. 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 9. 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. 10. 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. 11. All equipment, antennas and facilities shall be continuously maintained so that the equipment and structures remain in good condition. 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 January 7, 2002, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, DETZER. 1Ag 132 \\ EXISTING \ FACILE \ j \\ 2p2 \ \ PROJECT SITE r ON WIRELES NOPOLE \ e%. PROPOSED SPRINT LEASE AREA CC EXISTING BUILDINGS \ \ w `\ 0 1\ V� A LOCATION MAP 303 Palm Avenue CUP-2001-10 NATIONAL CITY PLANNING DRN. DATE: 10/11/01 INITIAL HEARING: 11/5/01 MEETING DATEJanuary 22, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 (ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 700 NATIONAL CITY BOULEVARD (APPLICANT: SKYTEL CORPORATION) (CASE FILE NO. CUP-2000-30) PREPARED BY Charley Marchesano6.-- DEPARTMENT Planning EXPLANATION The project site is the Holiday Inn on the northwest corner of National City Boulevard and 8th Street. The property is zoned General Commercial -Planned Development (CG-PD). The Skytel proposal consists of a reflector antenna, two panel antennas and a GPS antenna attached to a penthouse structure on the hotel roof and two equipment cabinets inside the hotel. The antennas are located roughly 105-feet above ground level and have been painted to match the penthouse. No construction or improvements are proposed by the applicant. During a previous staff review of another permit at this site, the Skytel facility and several whip antennas were discovered on the hotel roof without City approval. This Conditional Use Permit is necessary to legalize the Skytel facility. The whip antennas were recently removed after staff contacted their operator, Teletrak Communications. The Planning Commission held a hearing on this matter at their December 3rd meeting. They determined that the project is a stealth facility and voted to approve the permit. Conditions of approval require painting of existing cables and mounting equipment to match the penthouse. Environmental Review X N/A Financial Statement N/A Categorical Exemption Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning'o mission and recommends that the Notice of Restriction be filed. BOARD I COMMISSION RECOMMENDATION 1'he Planning Commission approved the Conditional Use Permit. Vote: Ayes - Valderamma, Parra, Flores, Baca, Reynolds, Detzer Abstaining - Ungab ATTACHMENTS ( Listed Below) Resolution No. I. Planning Commission resolution 2. Location Map \`3. Applicant's reduced plans 4 2CL: l9 9; RESOLUTION NO. 2-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 700 NATIONAL CITY BOULEVARD APPLICANT: SKYTEL CORPORATION CASE FILE NO. CUP-2000-30 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility at 700 National City Boulevard at a duly advertised public hearing held on December 3, 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-2000-30, 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 December 3, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the wireless facility will occupy a small portion of the roof of an existing hotel building on a 1.45-acre parcel. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to early the volume and type of traffic generated by the proposed use, since the site is served by two arterials (National City Boulevard and 8 Street), and the unmanned wireless facility will generate little new traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed antenna structure will be located on the roof of an existing building and will be painted and maintained to match the building. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility help will maintain the service area and local signal strength for Skytel and its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communication facility, and shall conform with Exhibit A -Revised, Case File No. CUP-2000-30, dated October 11, 2001. 2. Plans must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 energy and handicapped regulations. 3. 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. 4. The applicant shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of the applicant and/or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 5. Any antennas, equipment or facilities that become obsolete shall be removed. 6. 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. 7. All exterior wireless communications equipment, including antennas, associated poles, cables, and mounting equipment, shall be painted and maintained to match the penthouse wall to which it is attached. 8. All proposed and future wireless communications equipment shall be installed completely within the existing building. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to . 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 January 7, 2002, by the following vote: AYES: VALDERRAMA, FLORES, PARRA, BACA, REYNOLDS, DETZER. NAYS: ABSENT: ABSTAIN: uNGAB. PROJECT LOCATION ZONE BOUNDARY A LOCATION MAP 700 NATIONAL CITY BOULEVARD CUP-2000-30 NATIONAL CITY PLANNING DRN. DATE: ' 11/16/2001 INITIAL HEARING: 12/3/2001 Garai- Terramorse Associates I ESTNGf0.Aa(t NOTIS COSTING 14T011 SASE / PARING STIP/LI E C.L EIGHTH ST. �( SHE /PIOTMAN . )e z( - PROJECT DESCRIPTION: iN M'h K,wl het,thIS lu v✓.'l+ INC [r51IC u.u..ae to, (a l...T NSSClC/P44 p •10 9r9 :: Yn . !IN TIC [LSI.IC .pC.r tt.p'IL A' >M WI.'Yry - Y.M TIC VOO G, cr5(.Da. s K •a1M 141nI0[ 4. tE Of SW'•'"arI •2.1 5 A .A SIto IKSauTIIRLT(Wig C1 ..TALL (L[r.IOa wvlrt.y IN WrW' 0(1(I4t. CX5 ...II 0104 WV[ IN Ina CS 114 1141,061t °V[OAL N%xl S A°i9OIULT(,. ,IS-TI. IOVI CN0..0 L'K: IN .WI(w.5 i aµl[O 0.:.t 'O e.lv3 n•r lvt YI PAWL AlER S AIt; E.EV C....r: Ty, eT ].I A t l,TNIto et 'II �'�^ TIt T / IttE1 co9xa ,S T.• [.(v.lit V(e IIUIL N r.M: NIT L .M.:: RAS" " CAR [AIL(V L[v' u'yY OKIALL .4rt 3 C IIIY,•TIE• n'r1 .ygrt $$r:y fCADE LEVEL N N:(MY1 Mt vµi[O IC Y.Ip In( 9tvIr51Y 'OC OS POI MI.. v (1OCT1Y NO ]'n'.'. KA.MI[C h. 'I M it .I nw• SWJT,N(SI.�ONR 0/:N TL(VIIp9 9(IITIC Y .R M:[w. it WI STRUT '.[KL 1N PAtIO IIM5r'T[a [CV"IL[YT 5 I OCAII] II . M'x T,pW ;Loy yet es (• I1u ryC ( •Nw Olt Llf LOCAt.LIS <u:T[9 (MLITC .S POI r sal( .NA'MS 11m,1N .M1ba M LEGAL DESCRIPTION: s%O cost° 4:.CPI. LO'S I (A, e;ACA e.1O 1Ae.' O vw9 VICINITY MAP: NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2000-30 DATE: 11/27/2000 b a+crsr rr Iri 10(6i spy 6A Tww. Y0.5S I Assede5 PaNfflrp CM2.41/04Y3 �J WTraT//e Cn! $51Ne ;).5 ^/e A %HU m:.v0C;n5.8'S To., �a �s�eti: w011 700 mere: U. 0M. .valsse ✓ry.C. MAan [LW, (mowed Ise Wireless Telecommunications Facility nle ne4004QY ea peso Sile / Plot Plan Al Gami- Tertamorse Associates ( -s 5.) s • • sro ;Aso, Ions 0 \ \ or•z_r_ * I 0- MOSS & &meats Perrerhy Confautons 03 IVIOPe 854. SO,. 0! 500(e Yoke. CA :WS& '13' I .3 '3131346. ',wow one 700 tonoro Ewa Sa•loo, ow. 5We oven "sum ▪ 541 Wireless Telecommunicatiotti Facility 70040* Cary • an. a 1,1150 Roof Plan A 2 b.- LT El -GI fG II • • /t /1..•1I /1:. ■ /I R..11 III .11 II A LL•JI•Ie iiil,lUI. o i lli.11iu6i �I uti1.I■ului� l IL•JlUli/illPdin7u.I.idnif iltn■G1auYI ll it Ia]itisit■ulri.liutiuII�`ntileIsobiUl - ILJI�I n�nil�iJ1i1diiulnul■alituIiidii l IE1l•ti'nGi.Iilulls II.lili� ul.1i111 ilinln UI ILJI�IIiiltiilil■lit, uIun�ulil'ilia ell nln.I ILJI•Ij 1.,NIinlifU Iin1d.lun6i aimiui1%uI 171111V1.IM I uTu II O u` L. LLMtt MIMI OMMO �\ EAST ELEVATION v r 1 SOUTH ELEVATION NOTES: L-ewxikro.rz«. r o ue ext. wrt+u • tT••i nib ITT.•.. a a ri.m. GI ns•.r,010.041 a' w.no �n� anew Newt C u+.I I w. P•ri- y,t Gorai• Terramorse Associates Wang ••A. St EttiWitr= , Mar a A-sxklar Po'Mrtnp fmsu•ons 5,Wa .• +" CA ..ew.sy. > &vox, cry St: .b• $O1 :47, -C%Le. M1SIYw Nw11.••Ib Wireless Tslscommunica ions Facility la Nonni Cky eM — co. CA Itry% East 8 South Elevations A3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 22, 2002 14 AGENDA ITEM NO. __ / ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL FOR ON -- SITE CONSUMPTION AT 1401 HIGHLAND AVENUE (APPLICANT: JAMES RUSHING FOR VFW POST 4630) (CASE FILE NO. CUP-200I-19) PREPARED BY Charley Marchesano jI�' DEPARTMENT Planning EXPLANATION The project site consists of a 12,630 square foot parcel on the east side of Highland Avenue, between 13th and 15th Streets. The parcel is zoned General Commercial (CG). The property is developed with a two- story commercial building and paved parking area, containing 19 spaces. The vacant building previously operated as a strip commercial center with multiple uses, including a restaurant and retail businesses. The VFW proposes to occupy the first floor of the building. No exterior improvements are proposed at this time. The City is requiring the VFW to relocate from its current location on National City Boulevard to allow for future downtown redevelopment. The Community Development Commission assisted the applicant in finding and purchasing the project site. The applicant proposes to offer beer, wine, and distilled spirits for sale to members and member guests for on - site consumption. Their existing liquor license from the National City Boulevard location would be transferred to this address. Approval of this permit will not result in a new liquor license in the City. The Planning Commission held a public hearing on this matter at their December 3rd meeting. There was no testimony in opposition to the project. The Commission discussed a request from the applicant to allow for future installation of a permanent outdoor bar-b-cue at the site. A condition of approval prohibiting outdoor activity was amended to allow the bar-b-cue, subject to site plan review and Fire Department approval. The Planning Commission voted to approve the proposal subject to findings and conditions listed on the attached resolution (3-2002). Environmental Review X` N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Plannin_ Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes - Valderamma, Parra, Flores, Baca, Reynolds, Detzer Abstaining - Ungab ATTACHMENTS l Listed Below 1. Planning Commission resolution 2. Location Map 3. Applicant's reduced plans Resolution No. RESOLUTION NO. 3-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL FOR ON -SITE CONSUMPTION AT 1401 HIGHLAND AVENUE APPLICANT: JAMES RUSHING FOR VFW POST 4630 CASE FILE NO: CUP-2001-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of alcohol for on -site consumption at 1401 Highland Avenue at a duly advertised public hearing held on December 3, 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-2001-19, 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 December 3, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 3,825 square foot suite is large enough to accommodate the daily use of the local VFW with roughly 230 members, a small percentage of whom visit the site on a daily basis. 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 use is not expected to significantly increase traffic volumes in the area, and since the project site is accessed by Highland Avenue, an arterial. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the VFW will operate within an existing building in an area zoned for more intensive commercial uses. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the local VFW Post provides a valuable service to area veterans. 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 sale of alcohol for on -site consumption for the VFW at 1401 Highland Avenue. 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-2001-19, dated October 19, 2001. 2. A detailed landscape and irrigation plan shall be submitted showing planting and irrigation of all existing planter areas in the front and side yard of the property. This plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. A final inspection of all landscaping shall be required prior to issuance of the certificate of occupancy. 3. 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 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 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 5. All uses at the site, including special events, shall be conducted completely within the building, with the exception of an outdoor cooking facility (barbecue), subject to site plan review and approval by the Fire Department. 6. The existing dilapidated pole sign on Highland Avenue shall be repaired and used by the applicant, or removed prior to occupancy. 7. Live music at the site shall conclude no later than 10 P.M. on weekdays and midnight on weekends. 8. The existing drainage system located on the property and in the public right-of-way shall be repaired. 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 January 7, 2002, by the following vote: AYES: VALDERRAMA, FLORES, PARRA, BACA, REYNOLDS, DETZER. NAYS: ABSENT: ABSTAIN: UNGAB. 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CO 4, 910 LU+) Y7,-12 City of National City Office of the City Council 1243 National City Boulevard, National City, CA 91950 NICK INZUNZA • Vice Mayor (619) 336-4231 DATE: January 22, 2002 TO: Mayor and City Councilmembers FROM: Vice Mayor Nick lnzunza SUBJECT: Community Police Relations In response to public concerns on recent activity in the community, as your Vice - Mayor I propose the following interim actions: 1) That all city complaints towards any City Department or employee be carbon copied to the City Council. 2) That Council direct staff to work with Police Chief Dicerchio and other Chiefs in San Diego County in developing a non -biased based policing program as part of our training and retraining policy for our police officers, which means eliminating racial profiling. 3) To hire an independent community relations firm to do a door to door study and work with the newly appointed Task Force in building a consensus for the November Ballot. The Task Force This body will make recommendations on how to address the issue of community police relations with the option of placing it on the November Ballot. (This body should reflect the demographics of National City, which is 85% ethnic minority.) This 25 member work group will be ultimately approved by the majority of the Council appointees to be nominated by City Councilmembers at least 18 members of the task force will be National City residents. Six members can be public safety appointees the Task Force will receive full support of staff to include legal assistance. ® Recycled Paper PROPOSAL TO CREATE A SEVEN MEMBER CIVILIAN POLICE REVIEW BOARD WITHIN THE CITY OF NATIONAL CITY Presented to the City Council of the City of National City on the 22nd of January, 2002 PROPOSAL TO CREATE A SEVEN MEMBER CIVILIAN POLICE REVIEW BOARD WITHIN THE CITY OF NATIONAL CITY Civilian Police Review Board The Civilian Police Review Board shall be totally independent from the Police Department and shall report to the Mayor and the City Council. The composition of said board shall reflect the ethnic make-up of the City of National City. Each member must reside or work in the City of National City and represent an active community organization, i.e. business, civic, ethnic, senior citizen, women, or youth groups. The board must elect a chairperson and hold public bimonthly meetings. Duties and Responsibilities The Civilian Police Review Board shall receive and review all residents' complaints. The Civilian Police Review Board may interview any civilian witnesses during the course of the interview of Internal Affairs investigations. The Civilian Police Review Board may attend the Internal Affairs interview of any witnesses including, but not limited to, police officers. The Civilian Police Review Board may subpoena those persons who the board determines may have information that will assist the board in their investigations of residents' complaints. The Civilian Police Review Board may conduct an independent investigation separate from Internal Affairs and recommend to the Chief of Police and to the City Council modifications to or suspension of any procedure or practice that the board deems to be in the best interest of the citizens of National City and the public in general. Community Function Any person may, at his or her election, file a complaint against any member of the police department with the Civilian Police Review Board. Reporting Function The Civilian Police Review Board shall file quarterly public reports with the City Clerk for transmittal to the City Council. The reports shall include a statistical analysis documenting the number of complaints by category, the number of complaints sustained and actions taken, analyze trends and patterns, as well as make recommendations. Independence of the Civilian Police Review Board The Civilian Police Review Board shall at all times be totally independent. Therefore, while making requests for further investigations, recommendations and reports, the views of the Civilian Police Review Board alone will be considered. No person or persons shall attempt to undermine the independence of the Civilian Police Review Board in the performance of its duties and responsibilities.