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Home My WebLink About2002 10-15 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - OCTOBER 15, 2002 — 6:00 P.M. 1 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 OCTOBER 1, 2002 AND THE ADJOURNED MEETING OF OCTOBER 1, 2002 PRESENTATION Employee Introduction Program COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/15/02 PAGE 2 PROCLAMATIONS Proclaiming Thursday, October 17, 2002 as: "SAN YSIDRO HEALTH CENTER'S FAMILY ORAL HEALTH DAY IN NATIONAL CITY" Proclaiming Saturday, October 26, 2002 to be: "MAKE A DIFFERENCE DAY" Proclaiming the week of October 21 to October 25, 2002 to be: "RIDESHARE WEEK" INTERVIEWS/APPOINTMENTS Interview/Appointment - Planning Commission PUBLIC HEARING 1. Public Hearing — Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. (Police) ** Refer to Agenda Item #13 ** CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request .of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 2002-154 Resolution of the City Council of the City of National City approving Change Orders No. 1 and 2, accepting the work, and authorizing the filing of a Notice of Completion for the National City Slurry Seal Project. (Engineering Specification No. 01-2) (Public Works/Engineering) COUNCIL AGENDA 10/15/02 PAGE 3 CONSENT CALENDAR (cont.) 3. Resolution No. 2002-155 Resolution of the City Council of the City of National City awarding a contract to Heftier Company, Inc. for the National City Boulevard, 14t to 18th Street Improvements Project. (Spec. No. 02-7) (Public Works) 4. Resolution No. 2002-156 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to Agreement between the City of National City and Schmidt Design Group to provide additional services required to finalize bid documents for Paradise Creek Educational Park. (Parks and Recreation) 5. Resolution No. 2002-157 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Assignment and Delegation Agreement with American Golf Corporation and AGC Operating Company, LLC. (Parks and Recreation) 6. Resolution No. 2002-158 Resolution of the City Council of the City of National City authorizing a correction to the Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City. (Personnel) 7. WARRANT REGISTER NO. 14 (Finance) Ratification of Demands in the amount of $1,079,618.85 8. WARRANT REGISTER NO. 15 (Finance) Ratification of Demands in the amount of $396,842.42 COUNCIL AGENDA 10/15/02 PAGE 4 CONSENT CALENDAR (cont.) 9. Consolidated Cash and Investment Report as of July 31, 2002. (Finance) 10. Street Tree and Parkway Committee Minutes. (Parks & Recreation) NON -CONSENT RESOLUTIONS 11. Resolution No. 2002-159 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with PBS&J for consulting services pertaining to wastewater rate analysis and consulting. (Public Works) 12. Resolution No. 2002-160 Resolution of the City Council of the City of National City authorizing appropriation and expenditure of Fiscal Year 2001-2002 and surplus Fiscal Years 2000-2001 California Law Enforcement Equipment Program (C.L.E.E.P.) funds for the purchase of Motorola radios and accessories for the Police Department. (Police) 13. Resolution No. 2002-161 Resolution of the City Council of the City of National City authorizing the appropriation of $117,736.49 in FY 2002/2003 Local Law Enforcement Block Grant Funds for the purchase of Motorola radios and accessories for the Police Department. (Police) ** Refer to Agenda Item #1 ** ORDINANCE FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code regarding tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments. (Applicant: City of National City) (Case File No. A-2001-1) (Planning) COUNCIL AGENDA 10/15/02 PAGE 5 NEW BUSINESS 15. Discussion regarding the Trophy Lounge on National City Blvd. (City Manager) 16. Notice of Decision — Conditional Use Permit for a new National City Public Library at the northeast corner of National City Boulevard and 15th Street. (Applicant: National City Library) (Case File No. CUP-2002-10) (Planning) 17. Notice of Decision — Planned Development Permit for a duplex on a vacant parcel in the 2100 block of "F" Avenue. (Applicant: Jose Gutierrez) (Case File No. PD-2002-5) (Planning) 18. Notice of Decision — Conditional Use Permit for a wireless communications facility on Price Breakers at 1019 Highland Avenue in South Bay Plaza. (Applicant: Cingular Wireless) (Case File No. CUP- 2002-2) (Planning) 19. Request to use the Community Center by the Pilipino American Community of National City and waiver of fees. (Public Works) 20. Temporary Use Permit — Sweetwater High School — Homecoming Fireworks Display. (Building and Safety) 21. Temporary Use Permit — South Bay Community Church Fall Festival. (Building and Safety) 22. Temporary Use Permit — Seafood City Supermarket — Filipino -Mexican Grand Karaoke Competition. (Building and Safety) 23. Temporary Use Permit — Pentecostal Missionary Church of Christ — National Convention Parade. (Building and Safety) COUNCIL AGENDA 10/15/02 PAGE 6 NEW BUSINESS (cont.) -* CITY MANAGER -* CITY ATTORNEY 24. Report on closed session of October 1, 2002, to consider public employee discipline/dismissal/release: A closed session was held on October 1, 2002, to consider the termination of employment of a police officer. After deliberation by the City Council, the decision to terminate the employment of the subject police officer was affirmed. Voting in favor of the decision to affirm the termination were Mayor Waters, Councilman Morrison and Councilwoman Zarate. Vice - Mayor lnzunza and Councilman Beauchamp recused themselves from any deliberation or participation in the matter. -* OTHER STAFF -> MAYOR -> CITY COUNCIL 25. Consideration of Planning Commission action regarding new construction at 2244 E. 4th Street. (Councilman Morrison) COUNCIL AGENDA 10/15/02 PAGE 7 NEW BUSINESS (cont.) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — November 19, 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 City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE TO FROM SUBJECT October 8, 2002 Park Morse, Assistant City Manager Roger C. DeFratis, Pgr�o�r�jy��el ire tor 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. EPARTI&ENT "'. .................................... ..................................... ..................................... DIRECTOR i .............................::.. ............................... Chief DiCerchio Christopher Miller/Police Recruit Tonia Merlo/Police Dispatcher September 10, 2002 October 1, 2002 Burt Myers Carlos Perez/Civil Engineering Technician Rustico Aguilar/Custodian September 17, 2002 September 24, 2002 xc: Chief DiCerchio Burt Myers RCD:Im Employee Intro ® Recycled Paper 34 t N^ atirma1 f�t# fratlaztratton WHEREAS, Oral health disease has reached epidemic proportions in preschoolers and children in San Diego County; and WHEREAS, The children of San Diego's South Bay multiethnic and multicultural communities have an ongoing, urgent need for oral health services; and WHEREAS, The South Bay community's level of need for oral health services exceeds available pediatric and family dental care; and WHEREAS, San Ysidro Health Center has recognized the urgency of this need and has worked diligently to educate the full scope of the San Diego community, while at the same time, extending its oral health services to an increasing number of children and families; and WHEREAS, San Ysidro Health Center has introduced the South Bay Family Dental Center in the heart of the South Bay as part of its ongoing program to bring oral health options to its uninsured and under -insured neighbors. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim Thursday, October 17, 2002 as: "SAN YSIDRO HEALTH CENTER'S FAMILY ORAL HEALTH DAY IN NATIONAL CITY" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 29TH day of August 2002. George . Waters, Mayor r 11w rtamatinn WHEREAS, Make A Difference Day is the most encompassing national day of helping others — a celebration of neighbors helping neighbors; and • WHEREAS, Millions of people have participated and cared enough to volunteer, accomplishing thousands of projects in hundreds of towns and helping an estimated 25 million people; and WHEREAS, These same volunteers also raised more than half a million dollars for the Make A Difference Day Scholarship Fund to benefit the families of the September 11 terrorist attacks; and WHEREAS, The April 19-21 issue of USA WEEKEND Magazine will spotlight more than 500 projects receiving awards and donations for their outstanding Make A Difference Day volunteer work. Ten of those projects are the recipients of a $10,000 donation from actor Paul Newman, and his food company Newman's Own, which donates all after-tax profits to charitable causes and is a supporter of Make A Difference Day. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim Saturday, October 26, 2002 to be: "MAKE A DIFFERENCE DAY" in the City of National City and encourage all citizens, civic, organizations, religious groups, schools and businesses to reach out and help others on the nation's largest day of community service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 15th day of October, 2002. �-4.f F�L�iQ�ffcv anrnn ix txlntnva At. ........ 7\ i 1 Prnrlttmttftnn WHEREAS, Reducing traffic congestion and providing alternatives to driving alone are key components to National City's economic prosperity and quality of life; and WHEREAS, Helping to provide a variety of commuting choices for the region's commuters, SANDAG has sponsored a Regional Transportation Demand Management Program known as Ridelink since 1995; and WHEREAS, Ridelink offers a number of services to commuters including carpool matching, a vanpool program, a guaranteed ride home program, a bike locker program, and employer information on telework and flextime programs; and WHEREAS, National City employers can help to improve mobility in our area by offering employees incentives that encourage the use of alternatives to the solo commuter. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 21 to October 25, 2002 to be: "RIDESHARE WEEK" in National City and encourage employers to offer incentives to employees to use alternatives to driving alone to help reduce rush hour traffic congestion on our local streets and freeways. IN WITNESS WHEREOF, I have hereunto set thy hand and caused the Seal of the City of National City to be affixed this 156 day of October 2002. aters. Mayor h Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor October 4, 2002 Ms. Janice Martinelli 926 A Avenue National City, CA 91950 Dear Ms. Martinelli: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, October 15, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, 4 l GEORGH. WATERS MAYOR GHW:nu ® Recycled Paper Relat Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: (Last) Home Address: $P Av.-2 Telephone: Residence ( LIA l `) Business/Work ( ) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee (First) Birth Date NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? L\ SAN DIEGO COUNTY? (Optional) cc'\ o(q) NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES K. NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR H A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and de?rees held, if any: Q�etr4cuti ro es onal oriv' Cc Ex erience: Please indicate below any further in lm lti named boards, committees or commissions: (fnn(�r� c_c7l�,�� ss �� C� that will be-6f value regarding your service on the above DATE: lb 3 -o- YOUR SIGNATURE RETURN COMPLETED FORM TO : 1,170),i-wuza,t2 CITY COUNCICOF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor OCTOBER 7, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: PLANNING COMMISSION We currently have one vacancy on the Planning Commission. Mr. Carlos Carrillo and Janice Martinelli have submitted an application for Planning Commission and would like to be considered for appointment. If there are no objections, I recommend we finalize the vacancy to Planning Commission at our meeting on Tuesday, October 15, 2002. GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT October 15, 2002 MEETING DATE AGENDA ITEM NO. 1 ITEM TITLE Hold Public Hearing Regarding Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. PREPARED BY DEPARTMENT Lt. Keith Fifield EXPLANATION Police eei On September 3, 2002, the City Council passed resolution NO. 2002-129 accepting $117,914 in FY 2002 United States Department of Justice Local Law Enforcement Block Grant funds. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on Monday, September 30, 2002, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) Environmental Review XX N/A Financial Statement No impact to General Fund. Local match from Asset Forfeiture Funds.? . y1-- Account No. STAFF RECOMMENDATION Hot-© Pell t-I G t1 n) v Review rt tS 131-411-000-515-0000 239-411-000-515-0000 239-411-000-299-0000 BOARD / COMMISSION RECOMMENDATION On September 30, 2002, the LLEBG Advisory Board voted unanimously (5-0) to recommend the Approval of the proposed expenditures. ATTACHMENTS Listed Below l "A" FY 2002 LLEBG Application Resolution No. A-200 (9/B0) Page 2 Resolution To Hold Public Hearing Regarding Appropriation of FY 2002 Local Law Enforcement Block GrantTunds. The police department's expenditure proposal requests the purchase of 24 800mhw Motorola XTS 3000 portable police radios and accessories such as batteries, remote microphones and battery chargers. The XTS 3000 radios cost $3,461 each. The total amount needed to purchase 24 XTS 3000 radios with accessories is $94,153.67. The police department currently uses the Saber SI 800mhz radio. The Saber SI and replacement parts are no longer produced. The Saber SI's are now ten years old and are no longer repairable or replaceable. The Saber SI's are not compatible with the County's Regional Communications System while the XTS 3000 portables are. The police department intends to purchase a total of 36 XTS 3000 radios with 2002 LLEBG funds and 2001-2002 CLEEP funds. The police department currently owns 17 XTS 3000 radios, which would bring the total to 53, if all expenditures were approved. By combining the new XTS 3000 radios with the remaining operable Saber SI radios, the police department will be able to issue each officer their own radio, greatly enhancing public safety and accountability of the equipment. The police department plans to seek additional funding to purchase additional XTS 3000 radios until all the Saber SI's are replaced. The LLEBG Advisory Board requested that the City Council consider funding the purchase of additional XTS 3000 radios in the next fiscal budget because these radios are a crucial piece of communications equipment directly related to public and officer safety. San Diego County is certified by the State Attorney General's Office as being a disparate jurisdiction. A disparate situation exists when one municipality's LLEBG eligible funding amount is greater than 200 percent, or multiple municipalities' eligible funding amounts are greater than 400 percent of the funding amount for the adjacent county. In our case, there is 400 percent disparity with the adjacent counties. The remedy for this disparity is for the County to submit a plan to the state addressing reallocation of funds. San Diego County and every City at the 400% disparity level verbally agreed, because of deadline constraints, to allocate 20% of their FY 2002 funding to the San Diego County Drug Court Program. Based on the verbal agreements the county released the cities from the disparate process so we could complete the LLEBG applications within the allotted time periods. The police department proposal to expend 20% of the FY 2002 LLEBG funds to the San Diego County Drug Courts, to satisfy the disparate situation process, was also unanimously approved by the LLEBG Advisory Board. Proposal The total amount of the FY 2002 LLEBG funds is $117,914. $106,123 is the federal share and $11,791 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund. The police department is requesting a resolution that would authorize the appropriation of 80% of the LLEBG funds, or $94,331.20, for the purchase of (24) 800mhz Motorola XTS 3000 radios and accessories. We also request that 20%, or $23,582.80, be appropriated to the County of San Diego for expenditure in the Drug Court program to satisfy the disparate jurisdiction situation. (Continued) Page 3 Resolution To Hold Public Hearing Regarding Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. The police Department requests that the purchase of the XTS 3000 Radios and accessories be Sole Sourced through Motorola. Motorola is the only authorized licensed dealer of their radios. Since these are the radios selected by the San Diego County Regional Communications System for use with the system, and our goal is to become part of the RCS, there are no other vendor alternatives. We will receive the price quoted in the RCS price book that all other agencies in the county receive. Purchasing Ordinance #1480, section 12, subsection a(2) allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. The only exception to this sole source request is the additional batteries. Multiplier Industries Inc. manufactures a battery that has proven to be of better quality and is only $36.00 each compared to the Motorola battery which they sale for $96.00 each. San Diego County has a current contract with Multiplier to provide batteries that we can piggyback on. Expenditures: (24) Motorola XTS 3000 Radios $3,461 ea. (24) XTS Multiplier Batteries $36.25 ea. (24) Remote Microphones (2) Battery Banks $634 ea. $83,064 $870.00 $1,776 $1,268 Sub Total = $86,978 Tax x .0775 = $6,740.80 Shipping x .005 = $434.89 Total = $94,153.69 20% to San Diego County Drug Courts for Disparate Jurisdiction — $23,582.80 Total = $117,736.49 Balance = $177.51 The below listed account numbers have been designated by finance for the FY 2002 LLEBG Funds: Asset Forfeiture (10% Local Match) #131-411-000-515-0000 2002 FY LLEBG #239-411-000-515-0000 S.D. Drug Courts (Contracts) #239-411-000-299-0000 rrmL tippucauvu 145110 2 Vl 1 Application was submitted on July 11, 2002 12:58:44 PM EDT. LLEBG FY 2002 Application Date Certified : 11-JUL-02 !Date Submitted : 11-JUL-02 Jurisdiction information (Disparate) Jurisdiscilon: ICotnty National City SAN DIEGO State: CALIFORNIA CDFA Number 16.592 — Budget Information Eligible Award Amount $117,914 Final Award Amount $106,123 Match Amount $11,791 Matching Funds Descripdon: State and Local Government Units — CEO Information Title: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard Natiional City, California. CA 91950-4397 Telephone: (619)336-4240 • Fax: (619)336-4327 Email: cmo@ci.national- a►yca•us Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Ffield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: 619-336.4543 Fax: 619-336-4525 Email: kfifieid@ct.nefional- city.ca.us Application Details Date Agreed to Trust Fund Requirement 08-JUN-02 Applicant is PSOHB Compliant No Date Agreed to SPOC Requirement 08-JUN-02 Date Agreed to SAA Review Requirement 08-JUN-02 Date Agreed to Certifications: 11-JUL-02 Date Agreed to Assurances: 11-JUL-02 haps://grants.ojp.usdoj.gov:80041gms user/plsgl/llebg_main.appread only?p bgid=4&p_act.. 8/13/02 Ar74 e/u-e/t 1 rIAi( aF-- I City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE October 15, 2002 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER ONE, CHANGE ORDER NUMBER TWO, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY SLURRY SEAL PROJECT, FY 01-02 PREPARED BY MICHAEL LONG DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION On April 2, 2002 by Resolution No. 2002-45, the City Council awarded a contract in the amount of $246,539.76 to American Asphalt South, Inc. for the National City Slurry Seal Project. On July 5, 2002, a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. Change order number one decreased the original contract amount by $3,242.30 to an amended contract amount of $243,297.46. Change order number two was written to adjust the bid quantities of work to the actual quantities of work for each line item. This final change order decreased the amended contract amount by $4,568.70 to a final contract amount of $238,728.76. See the attached change order number one, change order number two and the final balance spreadsheet for detailed contract adjustments. CEnvironmental Review XN/A J (-Financial Statement / J Approved By: The final construction cost is $238,728.76. This amount is within the estimated Finance Directo� budget for this project. Funding is available through account number 109-409-500-598-6102. Acdoun# No. STAFF RECOMMENDATION Adopt the Resolution. BOARD ! COMMISSION RECOMMENDATION N/A A TAC esE oiuTStion (Listed Below) 5. Notice of Completion Resolution No. 2002-154 2. Change Order Number One 3. Change Order Number Two 4. Contract Final Balance Spreadsheet A-200 i9.991 17 RESOLUTION NO. 2002 —154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDERS NO. 1 AND 2, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY SLURRY SEAL PROJECT (Engineering Specification No. 01-2) BE TT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by AMERICAN ASPHALT SOUTH, INC., Engineering Department Specification No. 01-2, for the National City Slurry Seal Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Orders No. 1 and 2 are hereby approved. PASSED and ADOPTED this 15th day of October, 2002. George H. Waters, Mayor AT ZEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER NO. 1 DATE: 7/9/02 PROJECT: National City Slurry Seal Project, FY 01-02 Specification No. 01-3 TO: Mr. Lewis D. Bohnett, President American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92128 ORIGINAL DESCRIPTION OF CHANGE: This change order is written to add work item number nine to the contract and reduce the quantity of line item number five. Original Contract Adjusted Contract No. Item Description Unit UnitCost Quantity _ Amount Quantity Amount 1 Mobilization LS $ 4,500.00 1 $ 4,500.00 1 $ 4,500.00 2 Traffic Contol LS $ 4,000.00 1 $ 4,000.00 1 $ 4,000.00 3 Clearing and Grubbing LS $ 4,000.00 1 $ 4,000.00 1 $ 4,000.00 4 Unclassified Excavation CY $ 25.00 40 $ 1,000.00 40 $ 1,000.00 5 Remove and Replace Street Section SF $ 4.25 35,000 $ 148,750.00 16,066 $ 68,280.50 6 Crack Seal LS $ 13,860.00 1 $ 13,860.00 1 $ 13,860.00 7 Type 1 Slurry Seal SF $ 0.064 944,215 $ 60,429.76 944,215 $ 60,429.76 8 Traffic Striping LS $ 10,000.00 1 $ 10,000.00 1 $ 10,000.00 Extra Work Item 9 CCO #1 — R&R Street Section (AC only) SF $ 3.60 21,452 $ 77,227.20 Adjusted Contract Total $ 246,539.76 $ 243,297.46 DISCUSSION: Line Item No. 5, Remove and Replace Street Section, which includes 3" of Asphaltic Concrete on 8" of Crushed Miscellaneous Base material was decreased due to the discovery of good base material beneath the existing failed asphalt. Only 16,066 ft2 of street area was found to have base material in need of removal and replacement. Line Item No. 9 was added to the contract provide compensation to the contractor for the removal and replacement of the areas that required asphalt only at the above agreed upon reduced cost. Page 1 1 CONTRACT CHANGE ORDER NO. 1 CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The original contract price is decreased in the amount of $3,242.30 from the current contract price of $246,539.76 to a new contract price of $243,297.46. 2. The contract time is unchanged. The contract completion date was previously established as Tuesday, June 25, 2002. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. American Asphalt South, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPR 1 VAL BY: Michael J. L APPROV ng, Asso iat Lewis D. ohnett, President erican Asphalt South, Inc. urton S. Myers, Direct meer of Public Works/Engineering City of National City Resolution Number Date Date Date Page 2 CONTRACT CHANGE ORDER NO. 2 DATE: 9/30/02 PROJECT: National City Slurry Seal Project, FY 01-02 Specification No. 01-3 TO: Mr. Lewis D. Bohnett, President American Asphalt South, Inc. 14436 Santa Ana Avenue Fontana, CA 92128 DESCRIPTION OF CHANGE: This change order is written to adjust the bid rk completed for each item. — - Amended Contract (CCO #1) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount 1 Mobilization LS $ 4,500.00 1 $ 4,500.00 1 $ 4,500.00 2 Traffic Contol LS $ 4,000.00 1 $ 4,000.00 1 $ 4,000.00 3 Clearing and Grubbing LS $ 4,000.00 1 $ 4,000.00 1 $ 4,000.00 4 Unclassified Excavation CY $ 25.00 40 $ 1,000.00 0 $ 0.00 5 Remove and Replace Street Section SF $ 4.25 16,066 $ 68,280.50 16,066 $ 68,280.50 6 Crack Seal LS $ 13,860.00 1 $ 13,860.00 1 $ 13,860.00 7 Type 1 Slurry Seal SF $ 0.064 944,215 $ 60,429.76 888,454 $ 56,861.06 8 Traffic Striping LS $ 10,000.00 1 $ 10,000.00 1 $ 10,000.00 Extra Work Item 9 CCO #1 — R&R Street Section (AC only) SF $ 3.60 21,452 $ 77,227.20 Adjusted Contract Total $ 246,539.76 $ 238,728.76 DISCUSSION: Line Item No. 4, Unclassified Excavation, was originally included to account for the possibility of discovering wet or unsuitable base material. The quantity of this line item has been reduced to by 40 cubic yards to 0 cubic yards due to the discovery of suitable base material and no need for overexcavation. Line Item No. 7 was reduced from the estimated 944,215 square feet to 888,454 square feet (the final quantity of Type 1 Slurry Seal installed). Page 1 CONTRACT CHANGE ORDER NO.2 CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The amended contract price is decreased in the amount of $4,568.70 from the current contract price of $243,297.46 to a new contract price of $238,728.76. 2. The contract time is unchanged. The contract completion date was previously established as Tuesday, June 25, 2002. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. American Asphalt South, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Micha APPROVE Lewis Am/ , President t South, Inc. on S. Myers, irec or of Public Works/Engineering City of National City Resolution Number I/50 /0 Date Date id/7/0 Date Date Page 2 CONTRACT FINAL BALANCE National City Slurry Seal Project, FY 01-02 Specification No. 01-3 Completion Date: 6/25/02 No. 1 4 5 6 7 8 Item Description Mobilization Traffic Contol Unit UnitCost Amended Contract (includes CCO #1) Quantity Amount Quantty Adjustment Increase (+)/Decrease (-) Quantity Amount Final Contract Quantity Clearing and Grubbing Unclassified Excavation Remove and Replace Street Section Crack Seal Type 1 Slurry Seal Traffic Striping 9 LS LS LS CY SF LS SF LS $ 4,500.00 $ 4,000.00 $ 4,000.00 $ 25.00 $ 4.25 $13,860.00 $ 0.064 $ 10,000.00 1 1 1 40 16,066 1 944,215 1 $ 4,500.00 $ 4,000.00 $ 4,000.00 $ 1,000.00 $ 68,280.50 $ 13,860.00 $ 60,429.76 $ 10,000.00 0 0 0 -40 0 0 -55761 0 $ (1,000.00) $ $ (3,568.70) 1 1 1 0 16,066 1 888,454 1 Amount $ 4,500.00 $ 4,000.00 $ 4,000.00 $ 68,280.50 $ 13,860.00 $ 56,861.06 $ 10,000.00 Extra Work Items CCO #1 - R&R Street Section (AC only) Amended Contract Total SF $ 3.60 21,452 $ 77,227.20 $ 243,297.46 0 Adjusted Quantities Decreased Contract Amount CONTRACT FINAL BALANCE $ (4,568.70) 21,452 $ 77,227.20 $ 238,728.76 Page 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on July 5, 2002, of the NATIONAL CITY SLURRY SEAL PROJECT, FY 01-02, SPECIFICATION NO. 01-3 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various locations in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Public Right -of -Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with AMERICAN ASPHALT SOUTH, INC. Name of Original Contractor The following work and material were supplied: Asphalt, Asphaltic Emulsion, restriping General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NLA Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner , George H. Waters, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2002, at , California. Signature: GEORGE H. WATERS, MAYOR FORMS/NOC1-5 City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE October 15, 2002 AGENDA ITEM NO. 3 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A" CONTRACT TO HEFFLER COMPANY, INC. FOR THE NATIONAL CITY BOULEVARD, 14TH TO 18TH STREET IMPROVEMENTS, SPEC. NO. 02-7 PREPARED BY Michael Long EXPLANATION DEPARTMENT Public Works See attached Environmental Review X N/A Financial Statement The total cost of the project roved, r is estimated to be $1,189,000.00. Funding is available through ommuni y De Account No. 160-461-505-221-00 STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ssi Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Sheet 3. Bid Spread Sheet Resolution No. 2002-155 A-29S.-99) EXPLANATION On October 3, 2002 ten bids were received and opened for the National City Boulevard, 14th to 18th street improvements project, Specification No. 02-7. The project includes rehabilitation of National City Boulevard from 14th to 18th Streets, including removal and replacement of sidewalks, driveways, alley aprons, curb and gutter, failed pavement sections, installation of medians, landscape improvements and decorative lighting. Nasland Engineering designed this project for the Community Development Commission of the City of National City. The National City Public Works Department will perform contract administration and construction management services. Invoices for services will be reviewed and approved by the Public Works Department project Engineer and submitted to CDC for payment. The total cost of the project is estimated to be $1,189,000.00. This amount includes the construction bid price of $990,758.07 plus approximately 5% ($50,000.00) for material testing and inspection and approximately 15% ($148,241.93) for contingencies. RESOLUTION NO. 2002 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HEFFLER COMPANY, INC. FOR THE NATIONAL CITY BOULEVARD, 14TH TO 18TH STREET IMPROVEMENTS PROJECT (SPEC. NO. 02-7) WHEREAS, the Engineering Department of the City of National City did, in open session on October 3, 2002, publicly open, examine and declare all sealed bids for the Street Improvements Project for that section of National City Boulevard located between 14h and 18th Streets, Engineering Specification No. 02-7. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Street Improvements Project for that section of National City Boulevard located between 14th and 18th Streets to the lowest responsive, responsible bidder, to wit: HEFFLER COMPANY, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Heftier Company, Inc. and the City of National City for the Street Improvements Project for that section of National City Boulevard located between 14th and 18th Streets. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2002. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: Air George H. Eiser, III City Attorney George H. Waters, Mayor BID OPENING SPECIFICATION NUMBER: 02-7 PROJECT TITLE: NATIONAL CITY BOULEVARD, 14TH TO 18TH STREET IMPROVEMVNTS OPENING DATE: THURSDAY, OCTOBER 3, 2002 TIME: 3:00 P.M. ESTIMATE: $1,050,000.00 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 14 OR 15) BID AMOUNT (PAGE 16) ADDENDA (PAGE 14) BID SECURITY (PAGE I9-CHECK AGE 20 BOND) 1. Heffler Company, Inc. 1800 Mckinley Avenue, Suite A National City, CA 91950 $990,758.07 Yes Bond 2. Portillo Concrete, Inc. 374 E. "H" Street, Suite A Chula Vista, CA 91910 $1,024,149.64 Yes Bond 3. Byrom -Davey, Inc. 13220 Evening Creek Drive South Suite 103 San Diego, CA 92128 $1,045,441.60 Yes Bond 4. $1,067,354.00 Yes Bond 3-D Enterprises 2180 Garnet Avenue, Suite #lA San Diego, CA 92109 5. Terra -Cal Construction, Inc. 14530 Joanbridge Street Baldwin Park, CA 91706 $1,130,517.00 Yes Bond 6. Kirk Paving, Inc. 8722 Winter Gardens Boulevard Lakeside, CA 92040 $1,146,898.30 Yes Bond 7. Scheidel Contracting and Engineering P.O. Box 1796 La Mesa, CA 91944 $1,166,435.50 Yes Bond 8. Koch -Armstrong P.O. 1190 Lakeside, Ca 92040 $1,186,326.00 Yes Bond NO. BIDDER'S NAME (PAGE 14 OR 15) BID AMOUNT (PAGE 16) ADDENDA (PAGE 14) BID SECURITY (PAGE 19-CHECK (PAGE 20 -BOND) 9. Daley-CCAC, J.V. 5370 Eastgate Mall San Diego, CA 92121-2804 $1,279,361.00 Yes Bond 10. HMS Construction 1225 Linda Vista Drive San Marcos, CA 92069 $1,338,044.96 Yes Bond bid02-7 October 3, 2002 Final Bid Results for: 14th to 18th Streets Resurfacing Project FY 01-02, Specification No. 02-7 Company, Inc. Portillo Concrete, Inc. Byrom -Davey, Inc. 3-D En erprises Terra -Cal Construction, Inc. Heffler 1 2 Amount No. Rank Qnty Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price $67,800.00 $67,800.00 1 Item Mobilization 1 LS $13,000.00 $13,000.00 $90,505.00 $15,000.00 $90,505.00 $15,000.00 $92,147.00 $35,840.00 $92,147.00 $24 000.00 $24,000.00 $30,000.00 $51,600.00 $51,600.00 $73,600.00 $35,840.00 $30,000.00 2 3 Traffic Control Clearing and Grubbing 1 1 LS LS $39,475.00 $139,136.02 $39,475.00 $139,136.02 $120,000.00 $120,000.00 $54,010.00 $82,171.00 $4.26 $82,171.00 $46,860.00 $145,000.00 $6.00 $145,000.00 $66,000.00 $73,600.00 $4.57 $2.56 $50,270.00 $19,968.00 4 Remove and Replace Street 11,000 SF $5.00 $55,000.00 $4.91 Section $13,650.00 $2.50 $19,500.00 $1.90 $14,820.00 $2.25 $17,550.00 $70.00 $66,500.00 5 Cold Milling 7,800 SY $1.75 $51.90 $49,305.00 $55.18 $52,421.00 $58.00 $55,100.00 $60.00 $57,000.00 $1.26 $13,860.00 6 AC Overlay 950 TONS $11,550.00 $1.25 $13,750.00 $1.18 $12,980.00 $1.30 $14,300.00 $19.30 $33,389.00 7 Pavement Fabric 11,000 SY $1.05 $14.55 $25,171.50 $11.00 $19,030.00 $20.00 $34,600.00 $18.00 $31,140.00 $24.80 $51,956.00 8 Install Curb and Gutter 1,730 LF $20.84 $43,659.80 $11.00 $23,045.00 $15.00 $31,425.00 $15.00 $31,425.00 9 10 Install Median Curb Remove and Replace Cross 2,095 1,250 LF SF $8.49 $10,612.50 $9.50 $11,875.00 $9.00 $11,250.00 $10.00 $12,500.00 $5.50 $6,875.00 11 G Gutter Construct Colored Concrete •18,900 SF $5.75 $108,675.00 $5.45 $103,005.00 $6.05 $114,345.00 $6.00 $113,400.00 $6.50 $122,850.00 12 S Sidewalk Paving Construct Colored Concrete 4,970 SF $7.56 $37,573.20 $5.95 $29,571.50 $7.84 $38,964.80 Moo $39,760.00 $8.90 $44,233.00 13 D Driveway Paving Construct Colored Concrete 3,110 SF $5.61 $17,447.10 $7.50 $23,325.00 $7.28 $22,640.80 $8.00 $24,880.00 $11.00 $34,210.00 14 M Median Paving Raised Walkway (Pedestrian 3 SF $4,550.00 $13,650.00 $1,000.00 $3,000.00 $2,800.00 $8,400.00 $3,000.00 $9,000.00 $3,600.00 $10,800.00 15 R Ramp Detail 6, Sheet 6) Street Light Pole Standard, 27 EA $5,675.00 $153,225.00 $5,103.00 $137,781.00 $5,280.00 $142,560.00 $7,000.00 $189,000.00 $5,770.00 $155,790.00 16 T Twin Acorn Type "A" Street Lighting Electrical 1 LS $41,500.00 $41,500.00 $63,787.50 $63,787.50 $66,000.00 $66,000.00 $32,000.00 $32,000.00 $72,115.00 $360.00 $72,115.00 $11,160. 17 Replace Type 2 Detector Loop 31 EA $300.00 $9,300.00 $320.00 $9,920.00 $330.00 $1,438.00 $10,230.00 $2,876.00 $350.00 $2,500.00 $10,850.00 $5,000.00 $1,800.00 $3,600.00 18 Remove and Replace Curb 2 EA $1,000.00 $2,000.00 $2,000.00 $4,000.00 19 I Inlet Lid (Detail 5, Sheet 2) Adjust Street Survey 5 EA $500.00 $2,500.00 $200.00 $1,000.00 $489.00 $5,206.00 $482.00 $2,445.00 $5,206.00 $3,374.00 $300.00 $7,000.00 $800.00 $1,500.00 $7,000.00 $5,600.00 $220.00 $6,200.00 $1,100.00 $6,200.0 20 M Monument Well and Cover to Traffic Striping and Signage 1 LS $4,648.00 $4,648.00 $5,000.00 $320.00 $5,000.00 $2,240.00 $360.00 $260.00 $2,520.00 $10,680.00 21 Adjust Manhole to Grade 7 EA $650.00 $4,550.00 $8,200.00 $150.00 $6 150.00 $140.00 $5,740.00 $150.00 $6,150.00 $1,012.00 0 $4,833. 08,400.00 22 23 Replace Utility Box and Covers Tree (De 3, Sheet 12) 41 32 EA $200.00 $3,990.00 5,600.00 $$ $1,567.00 $20.00 26,112.00 $4,701.00 $7,000.00 $1,200.00 $1,000 00 $3,000.00 $1 611. 0 25 (Detail Sheet 12) Benchlass EEAA $1,330 00 99 000 $1,797.00 $12,862.50 0000 $28.00 $9,800.00 $27.000 $9,450.00 25 Toils Class "A" Topsoil 350 CY $24.16 $8,456.00 $36.75 09 27 Sh ubs- Gallon2 $2,065.50 $0.75 $1,912.50 $0.84 $2,142.00 $2.00 $5,100.00 $2,400.00 $1.90 0 $3$1 45.0 $4,807 $2,805.00 28 Sod Areas) 2,550 SF LS50 $0.81 $ $1$60.8200 $2 098 00 6100 $$ 560 $1,428.00 $2,400.00 $0.50 $1,275.00 10 $70.50 $78,700.00 $1,974.00 30 Soil Amendmentdscape 2 51 SF $0.7012 $1,785.00 $1,260.00 $68.25 $1,911.00 $54.00 $1,512.00 $50.00 $1,400.00 $46,000.00 $76,700.00 $10,000.00 31 Mulch 28 CY $45.00 $63 235.23 $95,785.00 $95 785.00 $62,720.00 $62,720.00 $46,000.00 32 33 Irrigation System Paint and Traffic Signal Standards 1 1 LS LS $63,235.23 $12,000.00 $12,000.00 $2,500.00 $2,500.00 $13,440.00 $13,440.00 $4,000.00 $4,000.00 $1,067,354.00 $10,000.00 $1,130,517.00 $1,050,000.00 7.67% Total Bid $990,758.07 $1,024,149.64 $1,045,441.60 $1,050,000.00 0 -0.43/o $1,050,000.00 1.65% Engineer's Estimate $1,050,000.00 $1,050,000.00 Percent Under/Over Estimate -5.64% -2.46% Page 1 October 3, 2002 Final Bid Results for: 14th to 18th Streets Resurfacing Project FY 01-02, Specification No. 02-7 Kirk Paving Inc. Scheidel Contracting Koch -Armstrong Daley-CCAC, J. V. HMS Construction Rank 6 7 8 9 10 No Item Qnty Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Mobilization 1 LS $27,000.00 $27,000.00 $120,000.00 $120,000.00 $53,400.00 $53,400.00 $66,000.00 $66,000.00 $40,020.00 $40,020.00 2 Traffic Control 1 LS $25,000.00 $25,000.00 $30,000.00 $30,000.00 $35,900.00 $35,900.00 $50,000.00 $50,000.00 $47,472.00 $47,472.00 3 Clearing and Grubbing 1 LS $50,000.00 $50,000.00 $139,150.00 $139,150.00 $184,300.00 $184,300.00 $151,000.00 $151,000.00 $183,940.20 $183,940.20 4 Remove and Replace Street Section 11,000 SF $22.72 $249,920.00 $4.60 $50,600.00 $6.60 $72,600.00 $7.50 $82,500.00 $6.16 $67,760.00 5 Cold Milling 7,800 SY $2.00 $15,600.00 $2.10 $16,380.00 $2.00 $15,600.00 $1.90 $14,820.00 $2.47 $19,266.00 6 AC Overlay 950 TONS $53.00 $50,350.00 $60.00 $57,000.00 $57.10 $54,245.00 $56.50 $53,675.00 $61.26 $58,197.00 7 Pavement Fabric 11,000 SY $1.08 $11,880.00 $1.30 $14,300.00 $0.97 $10,670.00 $0.95 $10,450.00 $1.10 $12,100.00 8 Install Curb and Gutter • 1,730 LF $18.40 $31,832.00 $18.50 $32,005.00 $17.80 $30,794.00 $19.00 $32,870.00 $28.59 $49,460.70 9 Install Median Curb 2,095 LF $13.80 $28,911.00 $17.00 $35,615.00 $25.00 $52,375.00 $26.00 $54,470.00 $21.62 $45,293.90 10 Remove and Replace Cross Gutter 1,250 SF $4.20 $5,250.00 $8.00 $10,000.00 $9.60 $12,000.00 $22.00 $27,500.00 $13.97 $17,462.50 11 Construct Colored Concrete Sidewalk Paving 18,900 SF $6.26 $118,314.00 $5.50 $103,950.00 $5.90 $111,510.00 $6.00 $113,400.00 $9.50 $179,550.00 12 Construct Colored Concrete Driveway Paving 4,970 SF $8.62 $42,841.40 $8.00 $39,760.00 $7.80 $38,766.00 $24.00 $119,280.00 $9.23 $45,873.10 13 Construct Colored Concrete Median Paving 3,110 SF $6.26 $19,468.60 $6.75 $20,992.50 $9.80 $30,478.00 $11.00 $34,210.00 $16.01 $49,791.10 14 Raised Walkway (Pedestrian Ramp Detail 6, Sheet 6) 3 SF $2,500.00 $7,500.00 $3,500.00 $10,500.00 $3,740.00 $11,220.00 $3,300.00 $9,900.00 $4,791.67 $14,375.01 15 Street Light Pole Standard, Twin Acorn Type "A" 27 EA $5,280.00 $142,560.00 $5,760.00 $155,520.00 $5,300.00 $143,100.00 $6,500.00 $175,500.00 $5,982.00 $161,514.00 16 Street Lighting Electrical System 1 LS $66,000.00 $66,000.00 $70,000.00 $70,000.00 $71,400.00 $71,400.00 $29,000.00 $29,000.00 $44,618.00 $44,618.00 17 Replace Type 2 Detector Loop 31 EA $330.00 $10,230.00 $350.00 $10,850.00 $330.00 $10,230.00 $310.00 $9,610.00 $187.35 $5,807.85 18 Remove and Replace Curb Inlet Lid (Detail 5, Sheet 2) 2 EA $2,000.00 $4,000,00 $1,500.00 $3,000.00 $1,850.00 $3,700.00 $2,150.00 $4,300.00 $1,150.00 $2,300.00 19 Adjust Street Survey Monument Well and Cover to 5 EA $600.00 $3,000.00 $350.00 $1,750.00 $400.00 $2,000.00 $600.00 $3,000.00 $1,380.00 $6,900.00 20 Traffic Striping and Signage 1 LS $6,000.00 $6,000.00 $5,800.00 $5,800.00 $5,100.00 $5,100.00 $4,800.00 $4,800.00 $5,290.00 $5,290.00 21 Adjust Manhole to Grade 7 EA $800.00 $5,600.00 $250.00 $1,750.00 $470.00 $3,290.00 $550.00 $3,850.00 $616.07 $4,312.49 22 Replace Utility Box and Covers 41 EA $225.00 $9,225.00 $350.00 $14,350.00 $370.00 $15,170.00 $215.00 $8,815.00 $287.50 $11,787.50 23 Tree Grate (Detail 3, Sheet 12) 32 EA $1,125.00 $36,000.00 $1,005.00 $32,160.00 $990.00 $31,680.00 $740.00 $23,680.00 $1,265.58 $40,498.56 24 Bench (Detail 4, Sheet 12) 3 EA $1,500.00 $4,500.00 $1,500.00 $4,500.00 $1,890.00 $5,670.00 $1,600.00 $4,800.00 $1,610.00 $4,830.00 $9,751.00 25 Class "A" Topsoil 350 CY $36.00 $12,600.00 $58.00 $20,300.00 $32.40 $11,340.00 $36.00 $12,600.00 $27.86 26 Tree-36 Inch Box 76 EA $720.00 $54,720.00 $950.00 $72,200.00 $703.00 $53,428.00 $810.00 $61,560.00 $971.85 $73,860.60 27 Shrubs-5 Gallon 1,018 EA $21.60 $21,988.80 $16.00 $16,288.00 $25.00 $25,450.00 $17.50 $17,815.00 $15.95 $16,237.10 28 Sod 2,550 SF $0.83 $2,116.50 $0.50 $1,275.00 $1.10 $2,805.00 $0.80 $2,040.00 $1.10 $2,805.00 29 Fine Grade (Landscape Areas) 1 LS $2,000.00 $2,000.00 $1,020.00 $1,020.00 $1,090.00 $1,090.00 $390.00 $390.00 $1,521.30 $1,521.30 30 Soil Amendment 2,550 SF $0.50 .$1,275.00 $0.40 $1,020.00 $1.10 $2,805.00 $0.52 $1,326.00 $3.24 $8,262.00 31 Mulch 28 CY $72.00 $2,016.00 $50.00 $1,400.00 $55.00 $1,540.00 $50.00 $1,400.00 $103.50 $2,898.00 32 Irrigation System 1 LS $78,000.00 $78,000.00 $65,000.00 $65,000.00 $53,860.00 $53,860.00 $82,000.00 $82,000.00 $84,050.05 $84,050.05 33 Paint and Traffic Signal Standards 1 LS $1,200.00 $1,200.00 $8,000.00 $8,000.00 $28,810.00 $28,810.00 $12,800.00 $12,800.00 $20,240.00 $20,240.00 Total Bid $1,146,898.30 $1,166,435.50 $1,186,326.00 $1,279,361.00 $1,338,044.96 Engineer's Estimate . $1,050,000.00 $1,050,000.00 $1,050,000.00 $1,050,000.00 $1,050,000.00 Percent Under/Over Estimate 9.23% 11.09% 12.98% 21.84% 27.43% Page 2 iEETING DATE 10/15/02 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 ITEM(-FTENITaLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO AMEND THE AGREEMENT WITH SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK. PREPARED BY Jim Ruiz DEPARTMENT Parks & Recreation EXPLANATION This amemilment will increase their fee by $9,890 from $94,940 to $104,830. Additional services are required to conduct additional soil investigations and preliminary health risk screening at Paradise Creek Park. The Coastal Commission wants additional sampling and assessment to quantify short-term exposure to airborne lead during site grading. ( Environmental Review g N/A Financial Statement Increase contract from $94,940 to $104,830. Acct. #348-409-500-598-4113 Approved By: Finance Dir'"tor Account No. STAFF RECOMMENDATION Approve. BOARD / COMMISSION RECOMMENDATION Approve. ATTACHMENTS ( Listed Below ) Amendment Resolution No. 2002-156 A-200 (9.99) RESOLUTION NO. 2002 —156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE ADDITIONAL SERVICES REQUIRED TO FINALIZE BID DOCUMENTS FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the City of National City and Schmidt Design Group entered into an agreement dated July 13, 1993, for landscape and design services for the Paradise Creek Educational Park; and WHEREAS, the parties desire to amend the agreement to extend the services for additional fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Schmidt Design Group for landscape and design services for Paradise Creek Education Park. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: City Attorney AMENDMENT TO AGREEMENT FOR CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP The parties to this First Amendment to Agreement SCHMIDT DESIGN GROUP, hereinafter called "Contractor," and the CITY OF NATIONAL CITY, a municipal corporation, herein called "City." RECITALS WHEREAS, Contractor and City are parties to an agreement dated July 13, 1993 for consultant services; and WHEREAS, the parties desire to amend the agreement to extend the services for additional services and fees as stated in the attached letter; and NOW, THEREFORE, said agreement is hereby amended by amending Scope of services to read as follows: 1. That the agreement between the CITY OF NATIONAL CITY and SCHMIDT DESIGN GROUP, dated September 26, 2002, is hereby amended by amending the scope of services thereof, as set forth in the attached Exhibit "A". 2. All other terms, covenants and conditions contained in the original agreement shall remain in full force and effect and shall be applicable to this amendment. DATED: , 2002. CITY OF NATIONAL CITY SCHMIDT DESIGN GROUP By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney SCHMIDT DESIGN GROUP September 26, 2002 Mr. James Ruiz, Director Parks and Recreation Department City of National City 140 East 12th Street National City, CA 91950-3312 Regarding: Paradise Creek Educational Park Phase I Additional Services -Limited Soil Investigation and Preliminary Health Risk Screening for Lead Dear Mr. Ruiz: Thank you for the opportunity to provide the following fee proposal for additional services required to conduct a limited soil investigation and preliminary health risk screening at the project site. Based upon the preliminary testing completed by Geocon Consultants, Inc. in June 2002, additional sampling and assessment is required to quantify short-term exposure to airborne lead during site grading. The following scope of work and fee proposal reflects our understanding of services to be rendered for the accomplishment of this service. Scope of Work and Fee Proposal A. Limited Soil Investigation and Preliminary Health Risk Screening for Lead 1. Pre -Field Activities, including review of Geocon's Health and Safety Plan (which recommends levels of personal protective equipment during field activities), contacting Underground Service Alert, and retaining a California Department of Health Services (CDHS)-certified analytical laboratory to analyze the soil samples collected. 2. Soil Sampling and Analyses, including collecting soil samples from 12 hand auger borings, from depths ranging from 1 to 5 feet below grade (depending upon the proposed grading plan). It is assumed that a total of 38 soil samples will be collected during the field activities. 3. Soil Sample Analytical Testing, which includes submitting the samples to the CDHS-certified laboratory for testing. The 38 soil samples will be analyzed for total lead using EPA Method 6010. Up to 50 percent of the samples which exhibit concentrations of total lead above 50 milligrams per kilogram (mg/kg) will be analyzed for leachability based on EPA Series 7000 Methods, Waste Extraction Text (WET) using citric acid. Samples exhibiting total lead SCHMIDT DESIGN GROUP, INC. 2655 FOURTH AVENUE SAN DIEGO, CALIFORNIA 92103 CA LIC 2138 NV LIC 219 (619) 236-1462 FAX (619) 236-8792 Exhibit "A" Paradise Creek Educational Park Additional Services - Limited Soil Investigation and Preliminary Health Risk Screening for Lead Page 2 September 26, 2002 concentrations greater than 1,000 mg/kg will be analyzed using the Toxicity Characteristic Leaching Procedure (TCLP) for Federal Waste. 4. Report Preparation: a final report will be prepared presenting background information, field procedures, laboratory results, figures, data interpretations, risk and exposure calculations, conclusions and recommendations concerning remedial options with regard to the potentially lead -affected soil. Total service fee, item A: $9,890.00 Timeline: We estimate that the work will be completed within approximately six weeks of authorization to proceed. Summary of Fees A. Limited Soil Investigation and Preliminary Health Risk Screening for Lead $9,890.00 GRAND TOTAL $9,890.00 ALL TERMS AND CONDITIONS OF OUR ORIGINAL AGGREMENT DATED October 3, 2001 WILL APPLY TO THESE ADDITIONAL SERVICES. Thank you for your consideration. We look forward to continuing our work with you on this exciting project. Very truly yours, Schmidt, ASLA resident, Schmidt Design Group, Inc. GS/db AGREED AND ACCEPTED Jim Ruiz City of National City Dated: SCHMIDT DESIGN GROUP, INC. glAlnq Account Information Page: 1 10/01/2002 2:41:48PM NATIONAL CITY Account No: 348-409-500-598-4113 Debit / Credit Status Code: 0 JC Required Standard Acct: Year Account Class 00 General Title: PARADISE CREEK PARK Fiscal Year: 2003 Budgeted: Year End Estimate: 0.00 Allotment: Locked: Budget Account: Budget Preparation History Dept Request Finance CM Ops Approval Prog Change CM Prog Change CC Council Adopted 2003 0.00 0.00 0.00 0.00 0.00 0.00 2002 0.00 700,000.00 700,000.00 0.00 700,000.00 700,000.00 Account History Year Total Budget Encumbrances Expenditures Balance 2003 635,618.13 32,642.65 9,270.26 593,705.22 2002 64,381.87 0.00 64,381.87 0.00 Account Activity Period Total Budget Encumbrances Expenditures Balance 1 Totals : 602,205.22 8,500.00 0.00 593,705.22 602,205.22 8,500.00 0.00 593,705.22 Period Jrnal Doc Type Doc Date Post Date Group Transaction Detail Reference Description Amount D/C 1 AP CO encumber 7/1/02 9/5/02 dlunt 62931 DEVELOP ARCHITECTURAL PLANS FO 8,500.00 Vendor: SCHMIDT DESIGN GROUP Check# 0 1 GJ BA bgt_adjust 7/1/02 9/27/02 ahunter ALISONHUNTE Partial Carryover fr 2002 602,205.22 Budget Adjustments: 602,205.22 Encumbrances: 8,500.00 Activity: 0.00 Page: 1 City of National City, California COUNCIL AGENDA STATEMENT ,IEETING DATE October 15, 2002 AGENDA ITEM NO. 5 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT AND DELEGATION AGREEMENT WITH AMERICAN GOLF CORPORATION AND AGC OPERATING COMPANY, LLC. PREPARED BY J. RUIZ EXPLANATION American Golf Corporation proposes to turn over the operation of all its golf courses to AGC Operating Company. There will be no changes to our course or its operation. We anticipate continuing the excellent relationship we have had since the inception of the lease in 1984. DEPARTMENT PARKS & RECREATION CEnvironmental Review x N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Amendment ATTACHMENTS ( Listed Below ) 1. Letter from American Golf Corporation dated 10/1/02 Resolution No. 2002-157 A-20D i9:99) RESOLUTION NO. 2002 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT AND DELEGATION AGREEMENT WITH AMERICAN GOLF CORPORATION AND AGC OPERATING COMPANY; LLC WHEREAS, on May 3, 1984, American Golf Corporation entered into a written lease and operating agreement, with the City, hereinafter referred to as "the Agreement", for the lease and operation of the Las Palmas Municipal Golf Course in National City, California; and WHEREAS, American Golf Corporation whishes to assign to AGC Operating Company, LLC, its rights and delegate its duties under the Agreement with the City; and WHEREAS, AGC Operating Company, LLC, is willing to accept and assume said assignment of rights and delegation of duties, and the City is willing to consent to said assignment and delegation and to the acceptance and assumption of said assignment and delegation by AGC Operating Company, LLC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Assignment and Delegation Agreement with American Golf Corporation and AGC Operating Company, LLC. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 156' day of October, 2002. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor American Golf Corporation. October 1, 2002 George H. Eiser, III City Attorney City of National City 1243 National City Boulevard National City, California 91950-4301 Re: Assignment of National City Lease and Operating Agreement dated May 3, 1984 Dear Mr. Eiser: Enclosed are duplicate originals of the Assignment and Delegation Agreement signed • by American Golf Corporation ("American Golf'), and AGC Operating Company, LLC. Upon obtaining the City's signature, I would appreciate it if you would return to me one fully executed original for our files. With respect to your inquiry regarding financial statements, AGC Operating Company LLC was formed in connection with American Golfs recent capital restructuring with its lenders and is a wholly -owned subsidiary of American Golf. AGC Operating Company LLC does not have a separate financial statement as its financial operations will be consolidated into and reported under American Golfs financial statement. As set forth in our September 6 letter to you, the assignment does not change any of American Golfs obligations under the lease and is not expected to have any effect on golf course management or operations. I hope this is helpful and clarifies the situation. Please call me if you have any further questions. Very truly yours, AMERICAN GOLF CORPORATION Dona Tanaka Director of Legal Affairs 2951 — 28th Street • Santa Monica, California 90405 • Tel (310) 664-4000 • www.americangolf.com ASSIGNMENT AND DET EGATION AGREEMENT This Assignment and Delegation Agreement ("Agreement") is made and entered into this 15th day of October , 2002, by and between AMERICAN GOLF CORPORATION, a California corporation, hereinafter referred to as "Assignor," and AGC OPERATING COMPANY, LLC, a Delaware limited liability company, hereinafter referred to as "Assignee," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter referred to as "City." RECITALS A. On May 3, 1984, Assignor entered into a written lease and operating agreement with City hereinafter referred to as "the Agreement", for the lease and operation of the T as Palmas Municipal Golf Course in National City, California B. Assignor wishes to assign to Assignee its rights and delegate its duties under the Agreement with City. Assignee is willing to accept and assume said assignment of rights and delegation of duties, and City is willing to consent to said assignment and delegation by Assignor, and to the acceptance and assumption of said assignment and delegation by Assignee, all subject to the terms and conditions set forth herein. NOW, THEREFORE, it is hereby agreed to the parties hereto as follows: 1. Assignor hereby assigns to Assignee all of its right, title and. interest in and to the Agreement. By this assignment, Assignor further delegates to Assignee all of Assignor's duties and obligations of performance of the Agreement. 2. Assignee hereby accepts, assumes and agrees to perform all duties and obligations that Assignor has under the Agreement, as if Assignee had been an original party to the Agreement. 3. City hereby consents to the above assignment of rights and delegation of duties by Assignor, and to the acceptance and assumption of said assignment of rights and delegation of duties by Assignee. 4. This Assignment and each of its provisions shall be binding on and shall inure to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees, successors, and assigns of the parties' to this Assignment. This Assignment may be amended only by a writing signed by the parties hereto. 6. This Assignment shall be governed by and construed in accordance with the laws of California. r 7. The parties have the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. All requisite action (corporate, trust, partnership or otherwise) has been taken by the parties in connection with the entering into this Agreement. No consent of any judicial or administrative body, governmental authority or other party, entity or person is required. The individuals executing this Agreement on behalf of the parties have the legal power, right, and actual authority to bind the parties to the terms and conditions hereof and thereof. This Agreement shall be a valid, legally binding obligation of and enforceable against the parties in accordance with its terms. 8. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 9. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Delegation Agreement on the date and year first above written. CITY OF NATIONAL CITY AMERICAN GOLF CORPORATION, Assignor By: By: George H. Waters, Mayor Dona Tanaka Title: Secretary APPROVED AS TO FORM: AGC OPERATING COMP1Y, LLC, Assignee By: By: George H. Eiser, III City Attorney Edward R. Sause Title: Chief Financial Officer American Golf Corporation, Manager 2 EXPLANATION. City of Notional City, California COUNCIL A ENDA STATE E T MEETING DATE October 15, 2002 AGENDA ITEM NO. 6 T iTLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMINISTRATION CALPERS AND THE CITY OF PREPARED BY NATIONAL CITY FOR MISCELLANbWy BETRS Roger C. DeFratis Personnel Direct!" • Personnel This resolution is a required correction of previously approved resolution. (See Attached Letter from CaIPERS dated September 30, 2002.) Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Recommend approval of Resolution. BOARS?/COMMISSIO€ RECOMMENDATION N/A A_i CHMENTS (Listed Below/ 1. Letter from CaIPERS 2 Resolution Account No. Resolution No 2002-158 A-200 {Rev. 9/801 RESOLUTION NO. 2002 —158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WHEREAS, the City Council of the City of National City hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective July 1, 1948, providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, due to an inadvertence, paragraph "6" read: The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). [Note that future legislative proposals are being considered One proposal could amend the 3% at 60 benefit formula under Government Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula under Section 21354.5 between the ages of 50 and 55. Another proposal being considered could amend Government Code Section 21354.3 to make the 3% at 60 formula applicable to both active and inactive members who have not yet retired If enacted this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years. J "; and WHEREAS, Section 20472 of the Government Code provides that corrections may be made • through amendments approved by the adoption of suitable resolutions by the contracting parities. NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a correction to the amendment to contract effective September 17, 2002, as follows: A. Paragraph 6 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). "; and Resolution No. 2002 — 158 October 15, 2002 Page Two B. Paragraph 7 of said contract shall be added as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002, shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). "; and C. Paragraph numbers 7 through 17 shall be renumbered paragraph numbers 8 through 15. BE IT FURTHER RESOLVED that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public. Agency. PASSED and ADOPTED this 15th day of October, 2002. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIONAL CITY By: By: KENNETH W. MARZION, CHIEF GEORGE H. WATERS Actuarual & Employer Services Division Mayor Public Employees' Retirement System ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CalPERS Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA 94229-2a€ C E 1 V E D Telecommunication 'II er-irz R9€Jttplpeat). i 326-3240 (916) 326-3420 F (916) 326-3005 Q2 QCT -2 WI: 13 September 30, 2002 Mr. Roger C . DeFratis Personnel Director City of National City 1243 National City Blvd. National City, CA 92050 Dear Mr. DeFratis: CITY OF Employer Code #0190 NATIONAL CITY, GAS, Reply to Section 105 The Contract Amendment adopted providing the new benefit formula for your local miscellaneous members was written to indicate that the new formula was applicable to all local miscellaneous employees. This was done because legislation was being considered to make the new formulas applicable to all inactive and active employees who had not yet retired. That legislative proposal is no longer being considered and the new formula is applicable to only those local miscellaneous employees in employment on or after the amendment effective date. Enclosed are two copies of a Resolution authorizing a correction to the Amendment to Contract providing for the new benefit formula for local miscellaneous members. Adoption of the enclosed Resolution clarifies that the contract is in accordance with the Government Code by indicating that the new formula applies only to the local miscellaneous members employed by your agency on or after the amendment effective date. It does not change the effective date of the original amendment effective date. Please present the Resolution to your governing body for its adoption at the earliest possible meeting and return two executed copies of the Resolution. A copy will be returned for your records after it has been executed by CaIPERS. A new coverage group has been established for employees eligible for the new benefit formula. Please notify your payroll office to begin using coverage group number 70002 on all payroll reports for all local miscellaneous members beginning immediately. If you have any questions, please do not hesitate to contact me at (916) 326-3993. Sincerely, Cerdc Alice J. Cook Employer Representative Public Agency Contract Services Enclosures California Public Employees' Retirement System Lincoln Plaza - 400 P Street - Sacramento, CA 95814 RESOLUTION AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF NATIONAL CITY WHEREAS, the City Council of the City of National City hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective July 1, 1948 providing for the participation of. Public Agency in the Public Employees' Retirement System; and WHEREAS, due to an inadvertence, paragraph "6" read: 'The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). [Note that future legislative proposals are being considered. One proposal could amend the 3% at 60 benefit formula under Government Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula under Section 21354.5 between the ages of 50 and 55. Another proposal being considered could amend Government Code Section 21354.3 to make the 3% at 60 formula applicable to both active and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.]"; and WHEREAS, Section 20472 of the Government Code provides that corrections may be made through amendments approved by the adoption of suitable resolutions by the contracting parties; NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a correction to the amendment to contract effective September 17, 2002 as follows: A. Paragraph 6 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in • employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)."; and B. Paragraph 7 of said contract shall be added as follows: 'The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full)."; and C. Paragraph numbers "7 through 14"; shall be renumbered paragraph numbers "8 through 15". BE IT FURTHER RESOLVED, that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public Agency. Adopted this day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIONAL CITY BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attest: Clerk 616 Resolution 7-2002 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 15, 2002 AGENDA ITEM NO. 7 ITEM TITLE WARRANT REGISTER #14 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #14 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By Finance Director Acco'^"t No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,079,618.85. BOARD / COMMISSION ECOMMENDATION 671Gay.. le" de/ r/(417}1C11-C-, ATTACHMENTS ( Listed Below ) 1. Warrant Register #14 2. Workers Comp Warrant Register dated 09/25/02 3. Payroll Warrant Register dated 09/25/02 Resolution No. A-200 (9.99) City of National City, California COUNCIL AGENDA STATEMENT :EET•ING DATE October 15, 2002 AGENDA ITEM NO. 8 ITEM TITLE WARRANT REGISTER #15 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #1 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Directo Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 396,842.42. BO D / COMMISSION RECOMMENDATION n ATTACHMENTS ( Listed Below ) 1. Warrant Register #15 2. • Workers Comp Warrant Register dated 10/02/02 Resolution No. 1 A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Octohpr 15, 7007 AGENDA ITEM NO. 9 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JULY 31, 2002 PREPARED BY Alison C. Hunter DEPARTMENT Finance EXPLANATION - For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of July 31, 2002 is hereby submitted. This report reflects the components of the invest- ment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not Applicable. STAFF RECO ENDATION We recommend that the report be accepted BOARD/COMMISSION RECOMMENDATION TT• CHMENTS (Listed Below) 1. Cash Account Summary 2. Portfolio Summary 3. Portfolio Details - Investments Account No. filed. Resolution No. 5. Consolidated Cash Report 6. Monthly Statement of Receipts 7. Monthly Statement of Disburseme is A-200 (Rev. 4/001 CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Jul-02 REVOLVING CASH RETURNED CHECKS BANK OF AMERICA #80200 OUTSTANDING WARRANTS PAYROLL OUTSTANDING WARRANTS CASH HELD BY BROKERS INVESTMENTS LAI F TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2002-03 2001-02 2000-01 1999-00 1998-99 1997-98 1996-97 1995-96 1994-95 1993-94 1992-93 1991-92 1990-91 1989-90 1988-89 1987-88 1986-87 1985-86 BALANCE $ 3,592.30 9,104.64 219,141.85 (224,666.85) (104, 364.12) 11,825.90 13,503,419.01 24,350,125.93 YEAR-TO-DATE 33,029.11 $ 1,500,216.86 $ 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 37,768,178.66 TOTAL YEAR 33,029.11 1,500,216.86 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 SymPro Investments City of National City Portfolio Management Portfolio Summary July 31, 2002 City of National City Par Market Book Y. of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 8,199,000.00 8,211,281.65 8,199,000.00 60.72 801 540 4.500 4.562 Certificates of Deposit - Maturity 95,000.00 90,981.50 95,000.00 0.70 1,827 658 6.000 6.083 Negotiable/Transferable CDs 2,743,000.00 2,785,207.38 2,477,767.46 18.35 1,747 680 8.252 8.366 Federal Agency Securities 2,705,000.00 2,717,245.09 2,705,000.00 20.03 1,259 1,195 4.238 4.297 Pass Through Securities 25,572.25 27,486.33 26,651.55 0.20 1,673 334 6.535 6.626 Investments 13,767,572.25 13,832,201.95 13,503,419.01 100.00% 1,076 698 5.150 5.222 Total Earnings July 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return GZ� %%c! Marylou Matienzo, D ector of Finance Run Dale: 08/27/2002 • 11:53 56,511.96 13,583,645.25 4.90% 56,511.96 Portfolio CNC CC PM (PRF_PM1) SyrnRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2002 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 10606 Abington Savings Bank 07/26/2001 - 99,000.00 99,000.00 99,000.00 5.200 5.200 725 07/26/2004 10666 Acuity Bank 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 205 02/22/2003 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 243 04/01/2003 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 633 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 606 03/29/2004 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 294 05/22/2003 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.500 40 09/10/2002 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 691 06/22/2004 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 284 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 719 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 522 01/05/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 631 04/23/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 328 06/25/2003 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 708 07/09/2004 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 708 07/09/2004 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 651 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 638 04/30/2004 143876AX8 10643 Carolina Firtst Bank - 12/07/2001 95,000.00 96,196.05 95,000.00 4.100 4.100 676 06/07/2004 177707ACO 10702 City Bank 05/15/2002 95,000.00 96,171.35 95,000.00 4.900 4.900 1,748 05/15/2007 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 294 05/22/2003 10659 Conseco Bank, Inc. 01/03/2002 99,000.00 99,000.00 99,000.00 3.310 3.310 155 01/03/2003 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 316 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 519 01/02/2004 25467BB98 10720 Discover Bank 06/12/2002 95,000.00 95,419.90 95,000.00 3.650 3.650 683 06/14/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 326 06/23/2003 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00. 99,000.00 5.100 5.171 515 12/29/2003 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 627 04/19/2004 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 197 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 708 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 101,470.05 99,000.00 5.150 5.150 1,517 09/26/2006 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.350 354 07/21/2003 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 302 05/30/2003 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 637 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 728 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,985.15 95,000.00 4.850 4.850 1,748 05/15/2007 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 186 02/03/2003 Run Date: 08/27/2002 - 11:53 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2002 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10663 First State Bank, Russelville 01/31/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 183 01/31/2003 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 81 10/21/2002 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 712 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 700 07/01/2004 10669 Guaranty National Bank 03/11/2002 99,000.00 99,000.00 99,000,00 3.250 3.250 222 03/11/2003 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 693 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 515 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 722 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 537 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 632 04/24/2004 10521 international Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 286 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 477 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 711 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 498 12/12/2003 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 602 03/25/2004 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 768 09/07/2004 10640 Mercedes National Bank 11/27/2001 99,000.00 99,000.00 99,000.00 3.100 3.100 118 11/27/2002 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 648 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 336 07/03/2003 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 646 05/08/2004 654062AM0 10564 Nicolet National Bank 06/01/2001 99,000.00 101,915.55 99,000.00 5.100 5.100 487 12/01/2003 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 711 07/12/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 97,473.80 95,000.00 5.200 5.200 711 07/12/2004 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 327 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 630 04/22/2004 743838SS4 10644 Provident Bank 12/19/2001 95,000.00 95,649.80 95,000.00 4.375 4.375 1,783 06/19/2007 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 708 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 481 11/25/2003 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 233 03/22/2003 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 508 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 714 07/15/2004 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 144 12/23/2002 10718 Southern New Hampshire B&T Co. 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 280 05/08/2003 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 585 03/08/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 542 01/25/2004 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 302 05/30/2003 Run Date: 08/27/2002 - 11:53 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2002 Page 4 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 10572 Treasury Bank - Eflinity 96/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 145 12/24/2002 10665 Today's Bank 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 191 02/08/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 715 07/16/2004 10516 Union National Bank 05/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 123 12/02/2002 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000,00 3.940 3.940 717 07/18/2004 10601 Union Bank - 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 715 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 537 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 698 06/29/2004 10661 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 252 04/10/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 316 06/13/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 515 12/29/2003 Subtotal and Average 7,991,096.77 8,199,000.00 8,211,281.65 8,199,000.00 4.562 540 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 95,000.00 05/20/1999 95,000.00 90,981.50 95,000.00 90,981.50 95,000.00 6.000 6.083 658 05/20/2004 95,000.00 6.083 658 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 925 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 97,982.05 95,000.00 5.300 5.300 544 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 896 01/13/2005 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,000.00 97,505.18 97,153.07 3.600 3.600 680 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 98,054.25 95,000.00 5.350 5.350 545 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,316.80 99,000.00 3.500 3.500 641 05/03/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 102,014.55 98,384.22 5.350 5.493 496 12/10/2003 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 427 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 97,769.25 95,000.00 5.700 5.700 587 03/10/2004 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 101,268.97 97,000.00 5.600 5.600 615 04/07/2004 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 104,279.00 100,000.00 5.600 5.600 594 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 727 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 101,109.89 97,000.00 5.500 5.500 615 04/07/2004 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 96,198.05 95,000.00 4.900 4.900 1,733 04/30/2007 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 97,671.40 95,000.00 5.550 5.550 603 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 97,673.30 95,000.00 5.550 5.550 603 03/26/2004 51803AVL0 10327 Lasalle National Bank 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,190 04/26/2011 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 98,840.09 97,000.00 5.400 5.400 214 03/03/2003 Run Date: 08/27/2002 - 11:53 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2002 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 1,140 09/14/2005 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 367 08/03/2003 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 98,268.39 99,000.00 5.750 5.750 460 11/04/2003 82668FCS4 10137 Signet Bank . 03/01/1999 95,000.00 97,693.25 97,886.10 6.250 5.500 454 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 100,767.48 97,000.00 5.400 5.400 580 03/03/2004 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 99,797.48 98,658.70 5.850 5.405 334 07/01/2003 8649999X9 10347 Success National Bank 01/31/2000 100,000,00 100,000.00 79,937.85 6.270 14.114 548 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 449 10/24/2003 90331 V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 917 02/03/2005 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 574 02/26/2004 Subtotal and Average 2,554,433.95 2,743,000.00 2,785,207.38 2,477,767.46 8.368 680 Federal Agency Securities 31331LV39 10734 Federal Farm Credit Bank 06/13/2002 100,000.00 100,328.98 100,000.00 4.600 4.600 1,320 03/13/2006 3133MJFR6 10639 Federal Home Loan Bank 11/07/2001 100,000.00 100,448.23 100,000.00 3.500 3.500 1,194 11/07/2005 3133MHLHN8 10668 Federal Home Loan Bank 02/15/2002 100,000.00 101,122.00 100,000.00 3.250 3.250 929 02/15/2005 3133MMDQ3C 10674 Federal Home Loan Bank 03/27/2002 100,000.00 100,344.00 100,000.00 4.625 4.627 1,244 12/27/2005 3133MMDC4 10677 Federal Home Loan Bank 03/28/2002 100,000.00 101,156.00 100,000.00 4.102 4.104 880 12/28/2004 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 101,375.00 100,000.00 4.200 4.200 789 09/28/2004 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 101,531.00 100,000.00 4.500 4.500 977 04/04/2005 3133MNP54C 10704 Federal Home Loan Bank 05/28/2002 100,000.00 100,158.00 100,000.00 4.625 4.625 1,215 11/28/2005 3133MNSL6C 10705 Federal Home Loan Bank 05/28/2002 100,000.00 100,156.00 100,000.00 4.700 4.700 1,215 11/28/2005 3133MNQBOC 10706 Federal Home Loan Bank 05/28/2002 100,000.00 100,156.00 100,000.00 4.650 4.650 1,215 11/28/2005 3133MNFH9C 10711 Federal Home Loan Bank 05/08/2002 100,000.00 101,049.00 100,000.00 4.000 4.000 1,195 11/08/2005 3133MNNG2 10712 Federal Home Loan Bank 05/28/2002 100,000.00 100,203.27 100,000.00 4.640 4.641 1,307 02/28/2006 3133MNLC3 10713 Federal Home Loan Bank 05/23/2002 100,000.00 100,125.00 100,000.00 4.500 4.502 1,118 08/23/2005 3133MP3R5 10723 Federal Home Loan Bank 06/27/2002 100,000.00 100,429.48 100,000.00 4.625 4.625 1,244 12/27/2005 3133MP2L9C 10728 Federal Home Loan Bank 06/20/2002 100,000.00 100,313.00 100,000.00 4.650 4.650 1,237 12/20/2005 3133MPLN4C 10729 Federal Home Loan Bank 06/27/2002 100,000.00 100,281.00 100,000.00 4.170 4.170 1,244 12/27/2005 3133MPKR6 10732 Federal Home Loan Bank 06/27/2002 105,000.00 105,328.65 105,000.00 4.250 4.250 1,244 12/27/2005 3133MPN36 10733 Federal Home Loan Bank 06/28/2002 100,000.00 100,000.00 100,000.00 4.270 4.270 1,247 12/30/2005 3133MP3R5 10735 Federal Home Loan Bank 06/27/2002 100,000.00 100,429.48 100,000.00 4.625 4.625 1,244 12/27/2005 3133MPEL6C 10739 Federal Home Loan Bank 07/09/2002 100,000.00 100,406.00 100,000.00 4.420 4.420 1,257 01/09/2006 3133M0083C 10740 Federal Home Loan Bank 07/18/2002 100,000.00 100,406.00 100,000.00 4.150 4.150 1,266 01/18/2006 3133MPQ82C 10741 Federal Home Loan Bank 07/23/2002 100,000.00 100,469.00 100,000.00 4.310 4.310 1,271 01/23/2006 3133MPRDOC 10742 Federal Home Loan Bank 07/25/2002 100,000.00 100,563.00 100,000.00 4.500 4.500 1,363 04/25/2006 Run Date: 08/27/2002 - 11:53 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2002 Page 6 Average Purchase Stated YTMIC Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MPVU7C 10743 Federal Home Loan Bank 07/30/2002 100,000.00 100,500.00 100,000.00 4.320 4.320 1,278 01/30/2006 3133MPHC3 10744 Federal Home Loan Bank 07/17/2002 100,000.00 99,969.00 100,000.00 3.000 3.000 1,265 01/17/2006 3133MPVU7 10754 Federal Home Loan Bank 07/30/2002 100,000.00 100,000.00 100,000.00 4.320 4.320 1,278 01/30/2006 3136F1W71 10722 Federal Natl. Mortgage Assoc. 06/20/2002 100,000.00 100,000.00 100,000.00 4.510 4.510 1,237 12/20/2005 Subtotal and Average 2,915,557.11 2,705,000.00 2,717,245.09 2,705,000.00 4t297 1,195 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 6.000 0 01/15/2013 31364TKP5060 10103 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 25,572.25 27,486.33 26,651.55 8.500 6.626 334 07/01/2003 36218VD59020 10087 Govt. National Mortgage Assoc. 11/12/1997 0.00 0.00 0.00 8.500 6.685 0 09/15/2002 36202A5C7020 10091 Govt. National Mortgage Assoc. 11/25/1997 0.00 0.00 0.00 8.500 7.000 0 09/20/2002 Subtotal and Average 27,557.41 25,572.25 27,486.33 26,651.55 6.626 334 Total Investments and Average 13,583,645.25 Run Date: 08/27/2002 - 11:53 13,767,572.25 13,832,201.95 13,503,419.01 5.222 698 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02t SymPro City of National City Activity Report Sorted By Brokers July 1, 2002 - July 31, 2002 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 669,000.00 669,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 51803KG35 10078 Lasalle Bank NA Subtotal and Balance 2,154,000.00 6.000 07/26/2002 0.00 95,000.00 0.00 95,000.00 2,059,000.00 Federal Agency Securities 3133MKY35 3133MPVU7 10664 Federal Home Loan Bank 10754 Federal Home Loan Bank Subtotal and Balance 4.500 07/24/2002 4.320 07/30/2002 0.00 100,000.00 100,000.00 0.00 300,000.00 100,000.00 100,000.00 300,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 22.869% 26,533.09 3,244,533.09 8.500 07/29/2002 0.00 960.84 0.00 960.84 25,572.25 100,000.00 195,960.84 3,148,572.25 Brokers: Gilford Securities Inc Federal Agency Securities 3136FOSTOC 10612 Federal Natl. Mortgage Assoc. 5.500 07/18/2002 0.00 100,000.00 3133MHPDOC 10631 Federal Home Loan Bank 4.550 07/11/2002 0.00 100,000.00 3133MHPL2C 10632 Federal Home Loan Bank 4.520 07/11/2002 0.00 100,000.00 3133MKRP4C 10656 Federal Home Loan Bank 4.820 07/08/2002 0.00 100,000.00 3133MKX85C 10657 Federal Home Loan Bank 5.000 07/24/2002 0.00 100,000.00 3133ML3X1C 10858 Federal Home Loan Bank 4.720 07/29/2002 0.00 100,000.00 3133MMP23C 10684 Federal Home Loan Bank 5.080 07/12/2002 0.00 100,000.00 3133MMRR6C - 10685 Federal Home Loan Bank 5.100 07/17/2002 - 0.00 100,000.00 Run Dale: 08/27/2002- 11:55 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of Nes. _.,MI City Activity Report July 1, 2002 - July 31, 2002 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 2 Brokers: Gifford Securities Inc Federal Agency Securities 3133MPEL6C 10739 Federal Home Loan Bank 4.420 07/09/2002 100,000.00 0.00 3133MOO83C 10740 Federal Home Loan Bank 4.150 07/18/2002 100,000.00 0.00 3133MPQ82C 10741 Federal Home Loan Bank 4.310 07/23/2002 100,000.00 0.00 3133MPRDOC 10742 Federal Home Loan Bank 4.500 07/25/2002 100,000.00 0.00 3133MPVU7C 10743 Federal Home Loan Bank 4.320 07/30/2002 100,000.00 0.00 Subtotal and Balance Brokers Subtotal 1,500,000.00 500,000.00 800,000.00 1,200,000.00 8.716% 1,500,000.00 500,000.00 800,000.00 1,200,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly Subtotal and Balance 1,685,000.00 1,685,000.00 Negotiable/Transferable CDs Subtotal and Balance 684,000.00 684,000.00 Pass Through Securities Subtotal and Balance 2.94 2.94 Brokers Subtotal 17.207% 2,369,002.94 0.00 0.00 2,369,002.94 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MKZ598 10730 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 3.668% 605,000.00 605,000.00 5.000 07/24/2002 0.00 100,000.00 0.00 100,000.00 505,000.00 0.00 100,000.00 505,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MMMA8 10687 3133MPHC3 10744 Run Date: 06/27/2002 - 11:55 Federal Home Loan Bank Federal Home Loan Bank 5.000 07/11/2002 3.000 07/17/2002 0.00 100,000.00 100,000.00 0.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report July 1, 2002 - July 31, 2002 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 Subtotal and Balance 300,000.00 100,000.00 100,000.00 300,000.00 Brokers Subtotal 2.179% 300,000.00 100,000.00 100,000.00 300,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10446 Capital One Bank 6.640 07/09/2002 0.00 100,000.00 10447 Capital One FSB 6.630 07/09/2002 0.00 99,000.00 10747 Garden City State Bank 4.050 07/01/2002 99,000.00 0.00 10748 Capital One FSB 4.040 07/09/2002 100,000.00 0.00 10749 Capital One Bank 4.040 07/09/2002 100,000.00 0.00 10751 Security Bank 3.980 07/15/2002 99,000.00 0.00 10752 Union National Bank of Elgin, 3.940 07/18/2002 99,000.00 0.00 10753 First National Bank Northeast 3.840 07/29/2002 99,000.00 0.00 Subtotal and Balance 5,448,000.00 596,000.00 199,000.00 5,845,000.00 Brokers Subtotal 42.455% 5,448,000.00 596,000.00 199,000.00 5,845,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MMKV4 10689 Federal Home Loan Bank 5.000 07/05/2002 0.00 100,000.00 3133MMN58 10690 Federal Home Loan Bank 5.030 07/11/2002 0.00 100,000.00 3133MMWR0 10691 Federal Home Loan Bank 5.200 07/19/2002 0.00 100,000.00 Subtotal and Balance 700,000.00 0.00 300,000.00 400,000.00 Brokers Subtotal 2.805% 700,000.00 0.00 300,000.00 400,000.00 Total 100.000% 14,166, 536.03 Run Date: 08/27/2002 - 11:55 1,296,000.00 1,694,960.84 13,767,575.19 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f jkititt SymPro City of National City Investments by Brokers Investments Purchased From Finance 500 Inc July 31, 2002 City of National City Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 96,196.05 4.100 4.043 4.100 06/07/2004 676 177707ACO 10702 City Bank 05/15/2002 95,000.00 95,000.00 96,171.35 4.900 4.832 4.900 05/15/2007 1,748 254678B98 10720 Discover Bank 06/12/2002 95,000.00 95,000.00 95,419.90 3.650 3.600 3.650 06/14/2004 683 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 101,470.05 5.150 5.079 5.150 09/26/2006 1,517 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 95,000.00 95,985.15 4.850 4.783 4.850 05/15/2007 1,748 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 97,473.80 5.200 5.128 5.200 07/12/2004 711 743838SS4 10844 Provident Bank 12/19/2001 95,000.00 95,000.00 95,649.80 4.375 4.315 4.375 06/19/2007 1,783 Subtotal and Average 669,000.00 669,000.00 678,366.10 4.544 4.607 1,268 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 Subtotal and Average 95,000.00 95,000.00 90,981.50 6.000 6.000 6.083 05/20/2004 658 95,000.00 95,000.00 90,981.50 6.000 6.083 658 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 74,790.18 100,000.00 100,000.00 6.760 15.582 15.798 02/11/2005 925 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 97,982.05 5.300 5.227 5.300 01/27/2004 544 0649999X5 10346 Bank One, Colorado 01/25/2000 74,790,18 100,000.00 100,000.00 6.760 15.581 15.797 01/13/2005 896 20348PAFO 10727 Community Bank of Boone 06/28/2002 97,153.07 97,000.00 97,505.18 3.600 3.550 3,599 06/11/2004 680 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 98,054.25 5.350 5.276 5.350 01/28/2004 545 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 99,000.00 99,316.80 3.500 3.452 3.499 05/03/2004 641 258115AV6 10041 Dora! FSB 12/10/1998 98,384.22 99,000.00 102,014.55 5.350 5.417 5.492 12/10/2003 496 10031 - Farmers Bank 10/02/1998 75,948.98 100,000.00 100,000.00 5.650 13.580 13.769 10/02/2003 427 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 97,769.25 5.700 5.621 5.700 03/10/2004 587 10262 Great South Texas Bank 09/15/1999 75,811.23 100,000.00 100,000.00 6.550 14.981 15.189 07/28/2004 727 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 96,196.05 4.900 4.832 4.900 04/30/2007 1,733 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 97,671.40 5.550 5.473 5.549 03/26/2004 603 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 97,673.30 5.550 5.473 5.549 03/26/2004 603 51803AVLO 10327 Lasalle National Bank 02/03/1999 49,892.25 100,000.00 100,000.00 8.210 24.327 24.665 04/26/2011 3,190 10329 Bank of Mount Vernon 02/26/1999 69,971.36 100,000.00 100,000.00 6.550 15.691 15.909 09/14/2005 1,140 10038 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.769 5.850 08/03/2003 367 82668FCS4 10137 Signet Bank 03/01/1999 97,886.10 95,000.00 97,693.25 6.250 5.424 5.499 10/29/2003 454 8649999X9 10347 Success National Bank 01/31/2000 79,937.85 100,000.00 100,000.00 6.270 13.920 14.113 01/31/2004 548 Run Date: 08/27/2002 - 11:51 Portfolio CNC CC DD (PRF_DD) SyrnRept V5.02f City of National City Investments Purchased From Finance 500 Inc July 31, 2002 Page 2 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Negotiable/Transferable CDs 10281 Upstate National Bank 10/05/1999 78,963.99 100,000.00 100,000.00 6.570 14.686 14.890 10/24/2003 449 90331 V9X2 10353 U S Bank NA 02/04/2000 74,008.71 100,000.00 100,000.00 7.020 16.279 16.505 02/03/2005 917 10332. Wilmington Trust Co 03/08/1999 76,570.64 100,000.00 100,000.00 6.150 13.987 14.181 02/26/2004 574 Subtotal and Average 1,792,108.76 2,059,000.00 2,080,876.08 9.325 9.454 754 Federal Agency Securities 3133MP3R5 10723 Federal Home Loan Bank 06/27/2002 100,000.00 100,000.00 100,429.48 4.625 4.561 4.625 12/27/2005 1,244 3133MPVU7 10754 Federal Home Loan Bank 07/30/2002 100,000.00 100,000.00 100,000.00 4.320 4.260 4.320 01/30/2006 1,278 3136F1W71 10722 Federal Natl. Mortgage Assoc. 06/20/2002 100,000.00 100,000.00 100,000.00 4.510 4.448 4.510 12/20/2005 1,237 Subtotal and Average 300,000.00 300,000.00 300,429.48 4.424 4.485 1,253 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 - 0.00 6.000 5.917 6.000 01/15/2013 3,820 31376PGV5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 26,651.55 25,572.25 27,486.33 8.500 6.534 6.625 07/01/2003 334 Subtotal and Average 26,651.55 25,572.25 27,486.33 6.535 6.626 334 Total Investments and Average 2,882,760.31 Run Date: 06/27/2002 - 11:51 3,148,572.25 3,178,139.49 7.570 7.675 918 Portfolio CNC CC OD (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc July 31, 2002 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MMDQ3C 10674 Federal Home Loan Bank 03/27/2002 100,000.00 100,000.00 100,344.00 4.625 4.563 4.626 12/27/2005 1,244 3133MNP54C 10704 Federal Home Loan Bank 05/28/2002 100,000.00 100,000.00 100,156.00 4.625 4.561 4.625 11/28/2005 1,215 3133MNSL6C 10705 Federal Home Loan Bank 05/28/2002 100,000.00 100,000.00 100,156.00 4.700 4.635 4.700 11/28/2005 1,215 3133MNQB0C 10706 Federal Home Loan Bank 05/28/2002 100,000.00 100,000.00 100,156.00 4.650 4.586 4.650 11/28/2005 1,215 3133MNFH9C 10711 Federal Home Loan Bank 05/08/2002 100,000.00 100,000.00 101,049.00 4.000 3.945 4.000 11/08/2005 1,195 3133MP2L9C 10728 Federal Home Loan Bank 06/20/2002 100,000.00 100,000.00 100,313.00 4.650 4.586 4.650 12/20/2005 1,237 3133MPLN4C 10729 Federal Home Loan Bank 06/27/2002 100,000.00 100,000.00 100,281.00 4.170 4.112 4.170 12/27/2005 1,244 3133MPEL6C 10739 Federal Home Loan Bank 07/09/2002 100,000.00 100,000.00 - 100,406.00 4.420 4.359 4.420 01/09/2006 1,257 3133M0063C 10740 Federal Home Loan Bank 07/18/2002 100,000.00 100,000.00 100,406.00 4.150 4.093 4.150 01/18/2006 1,266 3133MPQ82C 10741 Federal Home Loan Bank 07/23/2002 100,000.00 100,000.00 100,469.00 4.310 4.250 4.310 01/23/2006 1,271 3133MPRDOC 10742 Federal Home Loan Bank 07/25/2002 100,000.00 100,000,00 100,563.00 4.500 4.438 4.500 04/25/2006 1,363 3133MPVU7C 10743 Federal Home Loan Bank 07/30/2002 100,000.00 100,000.00 100,500.00 4.320 4.260 4.320 01/30/2006 1,278 Subtotal and Average 1,200,000.00 1,200,000.00 1,204,799.00 4.366 4.427 1,250 Total Investments and Average 1,200,000.00 Run Dale: 08/27/2002 - 11:51 1,200,000.00 1,204,799.00 4.366 4.427 1,250 Portfolio CNC CC OD (PRF_DO) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Multi -Bank Securities Inc July 31, 2002 Purchase Date Book Value Par Value Page 4 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10719 10577 10519 10604 10576 10597 654062AMO 10564 10599 10738 10596 10718 10682 10662 10590 10572 10568 10574 Bank of Utica Bankfirst NA BNC National Bank Bank of Arkansas Heritage Bank Legacy Bank of Harrisburg Nicolet National Bank Park Avenue Bank NA, The Premier Bank Providian Bank Southern New Hampshire B&T Co. State Farm Financial Svcs, FSB Sterling Bank & Trust, FSB First Financial Bank Treasury Bank - Effinity Williamstown Savings Bank York State Bank & Trust 05/22/2002 06/22/2001 05/10/2001 07/20/2001 06/28/2001 07/12/2001 06/01/2001 07/11/2001 06/24/2002 07/10/2001 05/08/2002 03/06/2002 01/25/2002 05/30/2001 06/22/2001 06/13/2001 06/27/2001 Subtotal and Average 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 05/22/2003 294 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 691 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 05/12/2003 284 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 719 99,000,00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 515 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 711 99,000.00 99,000.00 101,915.55 5.100 5.030 5.100 12/01/2003 487 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 711 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 06/24/2003 327 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 708 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 05/08/2003 280 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 585 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 542 99,000.00 99,000.00 99,000.00 5.350 5.350 5.424 05/30/2003 302 99,000.00 99,000.00 99,000.00 5.100 5.030 ' 5.100 12/24/2002 145 99,000.00 99,000.00 99,000.00 5.120 5.049 5.120 06/13/2003 316 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 515 1,685,000.00 1,685,000.00 1,687,915.55 4.704 4.770 478 Negotiable/Transferable CDs 356611 FU2060 10168 39739BS36060 10162 441800AY8060 10167 55262W WR3060 10151 685621CW2060 10034 798219AB7060 10146 856284GL2060 10135 Fremont Investment & Loan Greenwood Trust Company DE Household Bank MBNA America Orchard Federal Savings Bank San Jose National Bank State Bank of India 04/07/1999 97,000.00 97,000.00 101,268.97 5.600 5.523 5.600 04/07/2004 615 03/17/1999 100,000.00 100,000.00 104,279.00 5.600 5.523 5.600 03/17/2004 594 04/07/1999 97,000.00 97,000.00 101,109.89 5.500 5.424 5.500 04/07/2004 615 03/03/1999 97,000.00 97,000.00 98,840.09 5.400 5.326 5.400 03/03/2003 214 11/04/1998 99,000.00 99,000.00 98,268.39 5.750 5.671 5.750 11/04/2003 460 03/03/1999 97,000.00 97,000.00 100,767.48 5.400 5.326 5.400 03/03/2004 580 02/12/1999 98,658.70 97,000.00 99,797.48 5.850 5.330 5.404 07/01/2003 334 Subtotal and Average 685,658.70 684,000.00 704,331.30 5.447 5.523 487 Pass Through Securities 31364TKP5060. 36218VD59020 36202A5C7020 Run Date: 08/27/2002 - 11:51 10103 Federal Natl. Mortgage Assoc. 10087 Govt. National Mortgage Assoc. 10091 Govt. National Mortgage Assoc. 02/18/1998 11/12/1997 11/25/1997 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.250 8.500 8.500 7.206 6.593 6.903 7.307 11/01/2004 6.684 09/15/2002 6.999 09/20/2002 823 45 50 Portfolio CNC CC DD (PRF_DD) SymRept V5.021 City of National City Investments Purchased From Multi -Bank Securities Inc July 31, 2002 Page 5 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Run Date: 08/27/2002 - 11:51 Total Investments and Average 2,370,658.70 2,369,000.00 2,392,246.85 4.919 4.988 481 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Mischler Financial Group Inc July 31, 2002 Page 6 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MMDC4 10677 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 101,156.00 4.102 4.047 4.103 12/28/2004 880 3133MMHV8 10678 Federal Home Loan Bank 03/28/2002 100,000.00 100,000.00 101,375.00 4.200 4.142 4.200 09/28/2004 789 3133MMJ79 10686 Federal Home Loan Bank 04/04/2002 100,000.00 100,000.00 101,531.00 4.500 4.438 4.500 04/04/2005 977 3133MPKR6 10732 Federal Home Loan Bank 06/27/2002 105,000.00 105,000.00 105,328.65 4.250 4.191 4.250 12/27/2005 1,244 3133MPN36 10733 Federal Home Loan Bank 06/28/2002 100,000.00 100,000.00 100,000.00 4.270 4.211 4.270 12/30/2005 1,247 Subtotal and Average 505,000.00 505,000.00 509,390.65 4.206 4.265 1,029 Run Date: 08/27/2002 - 11:51 Total Investments and Average 505,000.00 505,000.00 509,390.65 4.206 4.265 1,029 Portfolio CNC CC DO (PRF_DD) SymRept V5.02( City of National City Investments Purchased From PaineWebber Inc July 31, 2002 Page 7 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MHLHN8 10668 Federal Home Loan Bank 02/15/2002 100,000.00 100,000.00 101,122.00 3.250 3.205 3.250 02/15/2005 929 3133MNLC3 10713 Federal Home Loan Bank 05/23/2002 100,000.00 100,000.00 100,125.00 4.500 4.440 4.501 08/23/2005 1,118 3133MPHC3 10744 Federal Home Loan Bank 07/17/2002 100,000.00 100,000.00 99,969.00 3.000 2.958 3.000 01/17/2006 1,265 Subtotal and Average 300,000.00 300,000.00 301,216.00 3.535 3.584 1,104 Run Date: 08/27/2002 • 11:51 Total Investments and Average 300,000.00 300,000.00 301,216.00 3.535 3.584 1,104 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f City of National City Investments Purchased From U.S. Sterling Capital Corp. July 31, 2002 Page 8 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit • Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 725 10666 Acuity Bank 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 02/22/2003 205 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 04/01/2003 243 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/26/2004 633 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 606 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.438 4.500 09/10/2002 40 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 . 99,000.00 5.250 5.178 5.250 01/05/2004 522 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 631 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.040 5.110 06/25/2003 328 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 708 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 708 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 651 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 638 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 05/22/2003 294 10659 Conseco Bank, Inc. 01/03/2002 99,000.00 99,000.00 99,000.00 3.310 3.264 3.310 01/03/2003 155 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 06/13/2003 316 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 519 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 '100,000.00 100,000.00 3.540 3.491 3.540 06/23/2003 326 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 515 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 627 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.819 5.900 02/14/2003 197 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 708 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 3.304 3.350 07/21/2003 354 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 05/30/2003 302 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 637 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 728 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 02/03/2003 186 10663 First State Bank, Russelville 01/31/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 01/31/2003 183 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.187 5.260 10/21/2002 81 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 712 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 07/01/2004 700 10669 Guaranty National Bank 03/11/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 03/11/2003 222 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 693 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 07/23/2004 722 Run Date: 08/27/2002 - 11:51 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. July 31, 2002 Purchase Date Book Value Par Value Page 9 Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10693 10697 10521 10523 10565 10671 10736 10640 10715 10593 10714 10694 10525 10478 10570 10751 10571 10665 10717 10516 10752 10601 10602 10578 10661 Hinsbrook Bank & Trust Illini Bank International Bank of Chicago Key Bank USA Lakeland Community Bank Manufacturers & Traders Trust Mercantile T&SB Mercedes National Bank Mesa Bank Mutual Bank New Frontier Bank Premier Bank of Tallahassee Peoples State Bank of Truman Republic National Bank Suburban Bank & Trust Security Bank St. Joseph Capital Bank Today's Bank Traditional Bank Union National Bank Union National Bank of Elgin, Union Bank Wauwatosa Savings Bank World's Foremost Bank West Pointe Bank 04/17/2002 99,000.00 99,000.00 99,000.00 4..050 3.994 4.050 01/20/2004 537 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 632 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 05/14/2003 286 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 477 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 12/12/2003 498 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.053 4.110 03/25/2004 602 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 768 11/27/2001 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 11/27/2002 118 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 648 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 4.980 5.050 07/03/2003 336 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4,043 4.100 05/08/2004 646 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 630 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.227 5.300 11/25/2003 481 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.375 5.450 03/22/2003 233 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 12/22/2003 508 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 714 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/23/2002 144 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.156 3.200 02/08/2003 191 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 07/16/2004 715 05/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 12/02/2002 123 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.886 3.940 07/18/2004 717 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 715 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 01/20/2004 537 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 698 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 04/10/2003 252 Subtotal and Average 5,845,000.00 5,845,000.00 5,845,000.00 4.436 4.497 475 Total Investments and Average Run Date: 08/27/2002 - 11:51 5,845,000.00 5,845,000.00 5,845,000.00 4.436 4.497 475 Portfolio CNC CC OD (PRF_DO) SymRept V5.02f City of National City Investments Purchased From Vining -Sparks IBG July 31, 2002 Page 10 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 31331LV39 10734 Federal Farm Credit Bank 06/13/2002 100,000.00 100,000.00 100,328.98 4.600 4.536 4.600 03/13/2006 1,320 3133MJFR6 10639 Federal Home Loan Bank 11/07/2001 100,000.00 100,000.00 100,448.23 3.500 3.452 3.500 11/07/2005 1,194 3133MNNG2 10712 Federal Home Loan Bank 05/28/2002 100,000.00 100,000.00 100,203.27 4.640 4.577 4.641 02/28/2006 1,307 3133MP3R5 10735 Federal Home Loan Bank 06/27/2002 100,000.00 100,000.00 100,429.48. 4.625 4.561 4.625 12/27/2005 1,244 Subtotal and Average 400,000.00 400,000.00 401,409.96 4.282 4.342 1,266 Run Date: 06/27/2002 - 11:51 Total Investments and Average 400,000.00 400,000.00 401,409.96 4.282 4.342 1,266 Portfolio CNC CC DO (PRF_DD) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT JULY 31, 2002 FUND U ENDING FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 175 PETROLEUM VIOLATORS ESCROW 176 POLICE REIMBURSED OVERTIME 176 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 193 COPS GRANT PART III 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 203 PARKSECURITY/GTE LEASE 209 EY99-00 LITERACY INITIATIVES VII 210 FY99-00 F.U.L.F.I.L.L 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-00 214 EVERY 15 MINUTES GRANT FY1999-2000 219 PY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENT. BLOCK GRANT FY2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 228 GROWING WITH MOTHER GOOSE GRANT 230 ABANDONED VEHICLE ABATEMENT GRANT 270 NUISANCE ABATEMENT FUND 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 303 CAPITAL FACILITIES FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAUTRANSNET HIGHWAY 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 348 STATE GRANT 349 GE LOCAL ASSISTANCE FOR PARKS GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND TOTAL BALANCE 6,128,336.63 501,511.68 876.09 489.16 165,858.60 837,936.88 59,250.00 95,000.00 63,162.95 70,493.98 9,037,372.06 248.11 216.321.06 358,935.11 (0.30) 8,963.88 2,217.93 112,868.07 29,250.81 30,963.96 269,207.58 17,226.75 473,948.25 29,327.17 105.155.37 148,121.19 500.00 72.56 614.65 52,158.00 3,303,422.27 248,883.27 31,039.90 (7,143.06) 907.957.61 689,465.75 50,000.00 11,392.91 610,827.86 28,000.00 157,372.94 196.62 104,713.33 593,235.07 2,833.95 19,300.00 6,387.11 17,052.63 23,475.98 2,633.38 140,988.85 240,259.49 569,898.76 210,329.21 1,423,114.98 717,829.79 432,487.78 98,465.89 457,056.67 203,376.67 35,972.50 539,312.64 4,126,332.40 121,074.70 1,732,655.85 496,004.89 131 987.58 421,461.55 50.44 49,582.32 2,500.00 37,768,178.66 FUND # 001 108 115 120 125 158 172 191 192 201 211 232 272 313 345 552 627 TOTALS MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING JULY FUND TITLE GENERAL FUND LIBRARY CAPITAL OUTLAY PARK & REC CAPITAL OUTLAY FUND PLAN CHECKING REVOLVING FUND SEWER SERVICE FUND SWIMMING POOL REVOLVING FUND TRASH RATE STABILIZATION FUND GRANT - STOP PROJECT LEASE ESCROW FUND NCJPFA DEBT SERVICE FUND SECURITY AND ALARM REGULATION FUND TRAN DEBT SERVICE FUND LITERACY INITIATIVES X GRANT-CMAQ TRAFFIC CONGESTION RELIEF TDA LIABILITY INS. FUND JULY REVENUE YTD REVENUE 749,393.99 749,393.99 1,548.77 1,548.77 25,375.00 25,375.00 5,092.12 5,092.12 411,236.24 411,236.24 18,395.40 18,395.40 9,785.10 9,785.10 3,731.00 3,731.00 715.47 715.47 0.16 0.16 4,942.84 4,942.84 259.30 259.30 60,000.00 60,000.00 53,411.88 53,411.88 12,563.83 12,563.83 165,001.00 165,001.00 66,157.59 66,157.59 1, 587, 609.69 1,587,609.69 FUND NO. MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING JULY FUND TITLE 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT -HIDTA 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 193 COPS GRANT PART III 201 NCJPFA DEBT SERVICE FUND 211 SECURITY AND ALARM REGULATION FUND 218 HIHG INTENSITY PREVENTION ZONE 222 WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 232 TRAN DEBT SERVICE FUND 236 FIRST PEOPLES GRANT 272 LITERACY INITIATIVES X 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND TOTAL ALL FUNDS JULY 1,077,101.88 45, 863.64 36,553.29 72.44 2,330.59 8,110.50 26,668.15 6,582.28 73.93 4,604.21 3,379.48 2,656.25 6,066.19 5,873.61 8,271.90 (31,450.92) 1,659.84 0.02 2,294.19 1,568.91 5,485.59 17,638.44 1,434.78 8,314.07 6,217.54 10,563.07 332.83 14,700.28 29,436.18 28, 620.32 7,020.05 75,017.03 41,554.36 190,051.08 236.18 53, 761.72 434.54 4,254.25 30, 790.38 49,197.62 1, 783, 340.69 YTD.JULY 1,077,101.88 45,863.64 36,553.29 72.44 2,330.59 8,110.50 26,668.15 6,582.28 73.93 4,604.21 3,379.48 2,656.25 6,066.19 5,873.61 8,271.90 (31,450.92) 1,659.84 0.02 2,294.19 1,568.91 5,485.59 17, 638.44 1,434.78 8,314.07 6,217.54 10,563.07 332.83 14,700.28 29,436.18 28,620.32 7,020.05 75,017.03 41,554.36 190,051.08 236.18 53, 761.72 434.54 4,254.25 30,790.38 49,197.62 1,783,340.69 .EETING DATE 10/15/02 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 /ITE M TITLE STREET TREE AND PARKWAY COMMITTEE MINUTES. PREPARED BY EXPLANATION See attached. DEPARTMENT parks & Recreation Environmental Review x N/A Financial Statement Approved y: Replacement funds available in Acct. #105-442-000-331-0000. ance Director Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS ( Listed Below Minutes Resolution No. A-200 i999) Council Agenda Statement Meeting Date: 10/15/02 EXPLANATION: Removal Requests: 1223 J Avenue Requests removal of 2 trees because roots are lifting up sidewalk and curb. Committee recommends removal with replacements to be planted upon payment of $100 fee. 1005 East 6th Street Requests removal of 2 trees; 1 tree has roots cracking concrete wall surrounding home; 1 tree is lifting up the sidewalk. Committee denies request and recommends tree roots be trimmed; the other tree is not causing any visible damage. 44 East 3rd Street Requests removal of 2 trees because of a fungus infection and could pose a safety hazard. Committee recommends removal with replacements upon payment of $100 fee. 931 East 16th Street Requests removal of 1 tree because roots are above ground and causing a safety hazard. Committee recommends removal of tree with replacement upon payment of $50 fee. 1340 Roosevelt Avenue Requests removal of 1 palm tree because roots are lifting up sidewalk thereby creating a safety hazard. Committee denies request because there is no visible damage. City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON SEPTEMBER 19, 2002 • Called to order at 2:00 p.m. • Present: Schwitkis, Keen, Howrey-Colmenero, and Cesena; Staff: Espinosa. • Absent: Morales • Tree Removal Requests: Kile Morgan 1223 J Avenue Requests removal of 2 trees because roots are lifting up sidewalk and curb. Committee recommends removal with replacements to be planted upon payment of $100 fee. Barbara M. Welsbacher 1005 East 66 Street Requests removal of 2 trees; 1 tree has roots cracking concrete wall surrounding home; 1 tree is lifting up the sidewalk. Committee denies request recommending tree roots be trimmed and the other tree is not causing any visible damage. Mike A. Feuersinger and Ann M. Smith 44 East 3'd Street Requests removal of 2 trees because of a fungus infection and could pose a safety hazard. Committee recommends removal with replacements upon payment of $100 fee. Sylerane E. Sothros 931 East 16`h Street Requests removal of 1 tree because roots are above ground and causing a safety hazard. Committee recommends removal of tree with replacement upon payment of $50 fee. Frank Morales, Property Manager for Barajas Trust 1340 Roosevelt Avenue Requests removal of 1 palm tree because roots are lifting up sidewalk thereby creating a safety hazard. Committee denies request because there is no visible damage. • Adjourned at 2:20 p.m. MIGUE IAZ Parks Superintendent ® Recycled Paper glAlnq Account Information 09/30/2002 4:11:28PM NATIONAL CITY Page: 1 Account No: 105-442-000-331-0000 Debit / Credit Status Code: 0 JC Required Standard Acct: Year Account Class 41 Parks & Recreation Title: HORTICULTURAL ITEMS Fiscal Year: 2003 Budgeted: Year End Estimate: 0.00 Allotment: Locked: Budget Account: Budget Preparation History Dept Request Finance CM Ops Approval Prog Change CM Prog Change CC Council Adopted 2003 3,000.00 3,000.00 3,000.00 0.00 2002 0.00 3,000.00 3,000.00 0.00 2001 0.00 3,000.00 3,000.00 0.00 2000 0.00 0.00 0.00 0.00 1999 0.00 0.00 0.00 0.00 Year 0.00 3,000.00 3,000.00 0.00 0.00 3,000.00 3,000.00 3,000.00 3,000.00 0.00 Account History Total Budget Encumbrances Expenditures Bala nr,p 2003 3,000.00 0.00 2002 3,000.00 0.00 2001 3,000.00 0.00 2000 3,000.00 0.00 1999 3,000.00 0.00 749.19 2,898.28 2,755.69 2,990.25 2,990.24 ,250.81 OT. 244.31 9.75 9.76 Account Activity Period Total Budget Encumbrances Expenditures Balance 1 Totals : 3,000.00 0.00 3,000.00 0.00 Period Jrnal Doc Type ` Doc Date Post Date Group 0.00 3,000.00 0.00 3,000.00 Transaction Detail Reference Description Amount D/C Page: 1 glAlnq Account Information 09/30/2002 4:11:28PM NATIONAL CITY Page: 2 Account No: 105-442-000-331-0000 Title: HORTICULTURAL ITEMS Fiscal Year: 2003 Budget Adjustments: 0.00 Encumbrances: 0.00 Activity: 0.00 Paae: 2 City of National City, California COUNCIL AGENDA STATEMENT ,'EETING DATE October 15, 2002 AGENDA ITEM NO. 11 (-ITEM TITLE RESOLUTION AUTHORIZING THE CITY COUNCIL TO RENEW THE AGREEMENT WITH POST, BUCKLEY, SCHUH AND JERNIGAN, INC. FOR CONSULTING SERVICES PERTAINING TO WASTEWATER RATE ANALYSIS AND CONSULTING PREPARED BY Joe Smith DEPARTMENT Public Works EXPLANATION Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) will provide annual Wastewater rate analysis, evaluate the City's sewage capacity, review the contract for sewage transportation billing between the City of San Diego and National City, as well as any additional services requested by the City. Karyn Keese, (formally The Keese Company) has been under contract with National City for many years, providing the City with annual wastewater analysis and revenue administration. She is now an employee of PBS&J. As Project Director, she will be working witih PBS&J providing the City with the same consulting services we have received in the past. All consulting services are on an as -needed basis and are not to exceed $10,000 per fiscal year, for a term of three years. Environmental Review Financial Statement N/A Approved By: Y -r ppropriated budget, Expert d Consultant Se ic es, ces, Account No. Authorize the signing of the am nt betwe n the ity of National City and PBS&J. STAFF RECOMMENDATIO Funds reside in the Sewer Fis account number 125-422-222-21 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS t Listed Below ) 1. Resolution 2. Agreement between City of National City and PBS&J Resolution No. 2002-159 A-200 (9:99) RESOLUTION NO. 2002 —159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PBS&J FOR CONSULTING SERVICES PERTAINING TO WASTEWATER RATE ANALYSIS AND CONSULTING WHEREAS, the City desires to employ a contractor to perform services pertaining to wastewater rate analysis and consulting; and WHEREAS, the City has determined that Post, Buckley, Schuh and Jernigan, Inc. is a professional consulting firm and is qualified by experience and ability to perform the services desired by the City; and Post, Buckley, Schuh and Jernigan, Inc. ("PBS&J") is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an agreement with PBS&J to provide consulting services pertaining to wastewater rate analysis and consulting. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J • THIS AGREEMENT is entered into this 15th day of October, 2002, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to conduct ongoing wastewater rate analysis and, as needed, wastewater consulting services. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Burton Myers hereby is designated as the Project Coordinator for the CITY and will monitor the progress and Revised 52000 execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Karyn Keese hereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed $10,000 as the base amount without prior written authorization from the Public Works Director/City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of fmal payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit B. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2000 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during 3 Revised 5/2000 the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the 4 Revised 5/2000 CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement_ without the prior written consent of the. CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for anydamages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomy's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $2,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $2,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT'S employees. 5 Revised 5/2000 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, employees as additional insureds. • G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by fmal judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, itis stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall besettled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be fmal and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its 6 Revised 5/2000 own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Burton S. Myers Public Works Director/City Engineer 7 Revised 5/2000 City of National City 1243 National City Boulevard National City, CA 91950 To the CONSULTANT: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, directionor other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a fmancial interest as deemed in Government Code Section 87103. The CONSULTANT represents that, it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. 8 Revised 5/2000 B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 Revised 5/2000 CITY OF NATIONAL CITY PBS&J, INC. (Two signatures required) By: By: George.H. Waters, Mayor (Name) (Title) APPROVED AS TO FORM: By: (Name) George H. Eiser, III City Attorney. (Title) 10 Revised 5/2000 CITY OF NATIONAL CITY (Contractor) PRS&J By: George II. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 10 (Two signatures required) By: p,wQ f' . e-Q on (Name) By: `9�rn SC0-Skr` kc (Title) ame) tl PR►o -- (Title) Rcvi d SF2000 EXHIBIT A An employee -owned company October 8, 2002 Mr. Burton Myers City of National City 1243 National City Blvd. National City, CA 91950-4301 Dear Burt: Thank you for requesting a proposal from PBS&J, Inc. for ongoing financial services, including wastewater rate analysis and annual revenue administration. It is with pleasure that we submit this Letter Proposal. Karyn Keese, our Project Manager, has assisted the City in establishing equitable wastewater user rates for your customers since 1991. She has also assisted City staff with a full database audit, transition services during the change from Sweetwater Authority's billing system to the City's in-house system, and other utility related management consulting services. The proposed ongoing services requested from PBS&J fall into two general tasks: 1. Annual Wastewater Rate Analysis and Revenue Administration Annually we will assist staff in reviewing the wastewater fund's balance, expenses, and projected revenue to determine if any adjustments will be needed in the City's user rates. Revenue requirements will be reviewed and analyzed on a multi -year basis. The City's rate model will be updated with users, use, and revenue requirements, as needed and available, and rates will be determined. If rates require an adjustment, the required Revenue Program will be prepared and submitted to the State Water Resources Control Board and approval gained from the Revenue Program Specialist. It is suggested that Task 1 is established on a not -to -exceed basis, as the amount of work required annually can vary from 8 to 24 hours. Estimated annual fee: not -to -exceed 16 hours plus expenses = $2,500. 2. As -Needed Consulting Services Other financial or management consulting services as may be required by the City during the course of this contract. Services under Task 2 will be conducted on an as -needed basis and a budget of hours and expenses will be prepared in advance when the scope of each Task Order is defined. Our hourly rate is $155.00 per hour during the,course of the contract. Retaining PBS&J as your financial services consultant will allow the City to draw not only on our knowledge of the City but also our regional understanding of wastewater issues. As engineering and financial consultant for MetroTAC we are constantly working to insure the lowest rates possible from the City of San Diego for wastewater treatment services. Our review 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Mr. Burton Myers October 8, 2002 Page 2 of 2 of San Diego's annual budget produces an average of 5% reduction of costs for all MetroTAC members. We look forward to working with you and the City staff on the administration of the wastewater user charges and other financial and management consultant services. If you have any questions or require additional information, please feel free to call Karyn Keese at 760-753- 1120. We have enclosed with this letter three signed copies of the contract as requested. Respectf�ll . . ;miffed, Iif E. Cooley Vice President PEC:KK:nh cc: Sara Maples, PBS&J N:1800000\EV62 & EN62\Contracts\NH OCT2002 WSTE WTR RATES NTL CITY.doc EXHIBIT B LENGTH OF AGREEMENT: This Agreement shall be for a term of three years from the date first written, provided that the parties may, by mutual consent, extend the term for one additional three-year period. >STAFF RECOMMENDATION Approve the Resolution C.L.E.E.P. FY 2000-2001 #229-411-001-515-0000 #229-411-001-342-0000 #229-411-001-353-0000 C.L.E.E.P. FY 2001-2002 #229-411-102-515-0000 BOARD / COMMISSION RECOMMENDATION #229-411-102-342-0000 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE October 15, 2002 AGENDA ITEM NO. 12 ITEM TITLE Resolution Authorizing Appropriation and Expenditure of FY 2001-2002 and Surplus FY 2000-2001 California Law Enforcement Equipment Program Funds. PREPARED BY EXPLANATION DEPARTMENT Lt. Keith Fifield Police f. In October 2001, the City of National City received $47,474 from the State of California as its share of the FY 2001/2002 California Law Enforcement Equipment Program (C.L.E.E.P.). These funds were authorized so that local law enforcement agencies could more effectively fight crime and maintain order in their communities. C.L.E.E.P. funds are intended for the purchase of new technology or to upgrade existing systems, including but not limited to new computers, surveillance equipment, radios and other communications systems. The State of California made the decision to allow the individual cities to decide how these funds are expended. The City also has FY 2000/2001 surplus funds in the amount of $5,870.98 available for expenditure. (Continued) Environmental Review XX N/A Financial Statement There is no impact to the General fund. C.L.E.E.P. funding does require a local match. .9 Account No. ATTACHMENTS ( Listed Below ) Resolution No. 2002-160 A-200 (9/80) Page 2 Resolution Authorizing Appropriation and Expenditure of FY 2001-2002 and Surplus FY 2000-2001 California Law Enforcement Equipment Program Funds. Proposal The police department requests a Resolution authorizing the purchase of (12) 800mhz Motorola XTS 3000 portable radios and accessories which include batteries, remote speaker microphones, battery chargers, charger brackets and a battery optimizer. The XTS 3000 radios cost $3,461 each. The total amount needed to purchase (12) XTS 3000 radios with accessories is $51,505.81. The police department currently uses the Saber SI 800mhz radio. The Saber SI and replacement parts are no longer produced. The Saber SI's are now ten years old and are no longer repairable or replaceable. The Saber SI's are not compatible with the County's Regional Communications System while the XTS 5000 portables are. The police department intends to purchase a total of 36 XTS 3000 radios with 2002 LLEBG funds and 2001-2002 and 2000-2001 CLEEP funds. The police department currently owns 17 XTS 3000 radios, which would bring the total to 53, if all expenditures were approved. By combining the new XTS 3000 radios with the remaining operable Saber SI radios, the police department will be able to issue each officer their own radio, greatly enhancing public safety and accountability of the equipment. The police department plans to seek additional funding to purchase additional XTS 3000 radios until all the Saber SI's are replaced. The police Department requests that the purchase of the XTS 3000 Radios and accessories be Sole Sourced through Motorola. Motorola is the only authorized licensed dealer of their radios. Since these are the radios selected by the San Diego County Regional Communications System for use with the system, and our goal is to become part of the RCS, there are no other vendor alternatives. We will receive the price quoted in the RCS price book that all other agencies in the county receive. Purchasing Ordinance #1480, section 12, subsection a(2) allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. The only exception to this sole source request is the additional batteries. Multiplier Industries Inc. manufactures a battery that has proven to be of better quality and is only $36.00 each compared to the Motorola battery which they sale for $96.00 each. San Diego County has a current contract with Multiplier to provide batteries that we can piggyback on. With surplus still available from 2000-2001 CLEEP funds, we also request to purchase two portable radio helmet adapters for the two assigned motor officers. These adapters allow the motor officer to plug his helmet radio headset directly into their portable radio once they dismount from the motorcycle. They cost $125.00 each. Also using surplus 2000-2001 CLEEP funds, we request to purchase two Intermec Wand Bar Code Readers and accessories for the Property and Evidence Unit. The Property and Evidence Unit recently converted to the Liberty -Sentinel System that uses bar codetechnology to identify and track property and evidence. Only one bar code reader was purchased with the system and there are three workstations handling incoming property. The addition of two more wand bar readers would greatly increase the efficiency of the unit. The total cost for the two wand bar readers with accessories is $698.75. Page 3 Resolution Authorizing Appropriation andeExpenditure of FY 2001-2002 and Surplus FY 2000-2001 California Law Enforcement Equipment Program Funds. Expenditures FY 2001-2002 C.L.E.E.P. Funds $47,474 Acct. # 229-411-102-515-0000 (Communications Equipment) (11) Motorola XTS 3000 Radios $38,071 $3,461 ea. (5) Battery Banks $3,170 $634.00 ea. (1) Battery Optimizer $974.00 $974.00 ea. Sub Total = $42,215 Tax = $ 3,271.67 Shipping = $ 211.08 Total = $45,697.75 Acct. #229-411-102-342-0000 (Communications Material) (11) Remote Speaker Microphones $814 $74.00 ea. (22) 4000 Multiplier Batteries $797.75 $36.25 ea. Sub Total = $ 1,611.75 Sales Tax = $ 120.88 Shipping = $ 8.06 Total = $ 1,740.69 Page 4 Resolution Authorizing Appropriation and Expenditure of FY 2001-2002 and Surplus FY 2000-2001 California Law Enforcement Equipment Program Funds. FY 2000-2001 C.L.E.E.P. Funds $5,870.98 Acct. #229-411-001-515-0000 (Communications Equipment) (1) Motorola XTS 3000 Radio $3,461 Tax = $ 268.23 Shipping = $ 17.31 Total = $ 3,746.54 Acct. #229-411-001-342-0000 (Communications Material) (1) Remote Speaker Microphone $74.00 (2) 4000 Multiplier Batteries $72.5 (7) Battery Bank Charger Mounting Brackets $147.00 $21.00 ea. Sub Total = $293.50 Tax = $ 22.75 Shipping = $ 1.47 Total = $317.72 #229-411-001-353-0000 (Property and Evidence Supplies) (2) Intermec Wands, High Res, Infrared light, 7-12 Mil. $139.00 ea. (2) Intermec Bar Code Wand Cable for 97XX (10 pin Mod) 8'cable $7.00 ea. (2) MicroBar 9730 AT/PS Wedge Kit w/holder, cable $179.00 ea. $278.00 $14.00 $358.00 Sub Total = $650.00 Tax = $ 48.75 Total = $698.75 Page 5 Resolution Authorizing Appropriation and Expenditure of FY 2001-2002 and Surplus FY 2000-2001 California Law Enforcement Equipment Program Funds. Acct. #229-411-001-342-0000 (Communications Material) (2) Motorola Helmet Adapter Sets $125.00 ea. Total FY 2000-20001 C.L.E.E.P. Expenditures Total FY 2001-2002 C.L.E.E.P. Expenditures $250.00 Tax = $ 19.38 Shipping= $ 1.35 Total = $270.73 = $ 5,033.74 = $47,438.44 Total = $52,472. 18 RESOLUTION NO. 2002 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION AND EXPENDITURE OF FISCAL YEAR 2001-2002 AND SURPLUS FISCAL YEARS 2000-2001 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (C.L.E.E.P.) FUNDS FOR THE PURCHASE OF MOTOROLA RADIOS AND ACCESSORIES FOR THE POLICE DEPARTMENT WHEREAS, in October 2001, the City received $47,474 from the State of California under the California Law Enforcement Equipment Program (C.L.E.E.P.) to be used for the purchase of new technology and/or the upgrading of existing systems; and WHEREAS, the City also has fiscal year 2000/2001 surplus funds in the amount of $5,870.98 available for expenditure; and WHEREAS, the Police Department has requested the appropriation of $52,475.29 in C.L.E.E.P. funding to the following accounts for the purchase of 12 800mhz Motorola XTS 30000 radios and accessories: Account No. 229-441-102-515-0000 229-411-102-342-0000 229-411-001-515-0000 229-411-001-342-0000 229-411-001-353-0000 Account Description C.L.E.E.P. 2001/2002 — C.L.E.E.P. 2001/2002 — C.L.E.E.P. 2000/2001 — C.L.E.E.P. 2000/2001 — C.L.E.E.P. 2000/2001 — Communications Equipment Communications Materials Communications Equipment Communications Materials Property & Evidence $ 698.75 Supplies TOTAL: $52,472.18; and Amount $45,697.75 $ 1,740.69 $ 3,746.54 $ 588.45 WHEREAS, Motorola is the sole source for the Motorola radios; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes appropriation and expenditure of the California Law Enforcement Equipment Program (C.L.E.E.P.) funds to purchase of 12 800mhz Motorola XTS 30000 radios and accessories. Resolution No. 2002 — 160 October 15, 2002 Page Two BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to execute, on behalf of the City, a purchase order for 12 800mhz Motorola XTS 30000 radios and accessories from Motorola without utilizing the formal bid procedure. PASSED and ADOPTED this 15th day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney REFER TO AGENDA ITEM #1 City of National City, California COUNCIL AGENDA STATEMENT October 15, 2002 FETING DATE AGENDA ITEM NO. 13 ITEM TITLE Resolution Authorizing Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. PREPARED BY DEPARTMENT Lt. Keith Fifield Police tZ X2 EXPLANATION On September 3, 2002, the City Council passed resolution NO. 2002-129 accepting $117,914 in FY 2002 United States Department of Justice Local Law Enforcement Block Grant funds. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on Monday, September 30, 2002, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) Environmental Review XX N/A Financial Statement (eLPItC-Wc-m : Mus No impact to General Fund. Local match from Asset Forfeiture Funds. �..� •.77-7- e.• Account No. STAFF RECOM ENDATION Approve the Resolution 131-411-000-515-0000 239-411-000-515-0000 239-411-000-299-0000 BOARD I COMMISSION RECOMMENDATION On September 30, 2002, the LLEBG Advisory Board voted unanimously (5-0) to recommend the Approval of the proposed expenditures. ATTACHMENTS ( Listed Below ) A FY 2002 LLEBG Application Resolution No. 2002-161 A-200 (9/80) Page 2 Resolution Authorizing Appropriation of FY 2002 Local Law, Enforcement Block Grant Funds. The police department's expenditure proposal requests the purchaaf. of 24 800mhz Motorola XTS 3000 portable police radios and accessories such as batteries, remote microphones and battery chargers. The XTS 3000 radios cost $3,461 each. The total amount needed to purchase 24 XTS 3000 radios with accessories is $94,153.67. The police department currently uses the Saber SI 800mhz radio. The Saber SI and replacement parts are no longer produced. The Saber SI's are now ten years old and are no longer repairable or replaceable. The Saber SI's are not compatible with the County's Regional Communications System while the XTS 3000 portables are. The police department intends to purchase a total of 36 XTS 3000 radios with 2002 LLEBG funds and 2001-2002 CLEEP funds. The police department currently owns 17 XTS 3000 radios, which would bring the total to 53, if all expenditures were approved. By combining the new XTS 3000 radios with the remaining operable Saber SI radios, the police department will be able to issue each officer their own radio, greatly enhancing public safety and accountability of the equipment. The police department plans to seek additional funding to purchase additional XTS 3000 radios until all the Saber SI's are replaced. The LLEBG Advisory Board requested that the City Council consider funding the purchase of additional XTS 3000 radios in the next fiscal budget because these radios are a crucial piece of communications equipment directly related to public and officer safety. San Diego County is certified by the State Attorney General's Office as being a disparate jurisdiction. A disparate situation exists when one municipality's LLEBG eligible funding amount is greater than 200 percent, or multiple municipalities' eligible funding amounts are greater than 400 percent of the funding amount for the adjacent county. In our case, there is 400 percent disparity with the adjacent counties. The remedy for this disparity is for the County to submit a plan to the state addressing reallocation of funds. San Diego County and every city at the 400% disparity level verbally agreed, because of deadline constraints, to allocate 20% of their FY 2002 funding to the San Diego County Drug Court Program. Based on the verbal agreements the county releAsed the cities from the disparate process so we could complete the LLEBG applications within the allotted time periods. The police department proposal to expend 20% of the FY 2002 LLEBG funds to the San Diego County Drug Courts, to satisfy the disparate situation process, was also unanimously approved by the LLEBG Advisory Board. Proposal The total amount of the FY 2002 LLEBG funds is $117,914. $106,123 is the federal share and $11,791 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund. The police department is requesting a resolution that would authorize the appropriation of 80% of the LLEBG funds, or $94,331,20, for the purchase of (24) 800mhz Motorola XTS 3000 radios and accessories. We also request that 20%, or $23,582.80, be appropriated to the County of San Diego for expenditure in the Drug Court program to satisfy the disparate jurisdiction situation. (Continued) Page 3 Resolution Authorizing Appropriation of FY 2002 Local Law Enforcement Block Grant Funds. The police Department requests that the purchase of the XTS 3000 Radios and accessories be Sole Sourced through Motorola. Motorola is the only authorized licensed dealer of their radios. Since these are the radios selected by the San Diego County Regional Communications System for use with the system, and our goal is to become part of the RCS, there are no other vendor alternatives. We will receive the price quoted in the RCS price book that all other agencies in the county receive. Purchasing Ordinance #1480, section 12, subsection a(2) allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. The only exception to this sole source request is the additional batteries. Multiplier Industries Inc. manufactures a battery that has proven to be of better quality and is only $36.00 each compared to the Motorola battery which they sale for $96.00 each. San Diego County has a current contract with Multiplier to provide batteries that we can piggyback on. Expenditures: (24) Motorola XTS 3000 Radios $3,461 ea. (24) XTS Multiplier Batteries $36.25 ea. (24) Remote Microphones (2) Battery Banks $634 ea. $83,064 $870.00 $1,776 $1,268 Sub Total = $86,978 Tax x .0775 = $6,740.80 Shipping x .005 = $434.89 Total = $94,153.69 20% to San Diego County Drug Courts for Disparate Jurisdiction = $23,582.80 Total = $117,736.49 Balance = $177.51 The below listed account numbers have been designated by finance for the FY 2002 LLEBG Funds: Asset Forfeiture (Local Match) #131-411-000-515-0000 2002 FY LLEBG #239-411-000-515-0000 S.D. Drug Courts #239-411-000-299-0000 r. rmi AppiJ..aauon. /4-�,9-ff44 i Application was submitted on July 11, 2002 12:58:44 PM EDT. LLEBG FY 2002 Application Date Certified : 11-JUL-02 !Date Submdad : 11-JUL-02 Jurisdiction information (Disparate) Juriadisction: National City I Count SAN DIEGO State: CALIFORNIA I CDFA Number: 16.592 Budget Information Eligible Award Amount: $117,914 Final Award Amount $106,123 Match Amount: $11,791 Matching Funds Description: State and Local Government Units CEO information Tick: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619)338-4240 • Fax: (619)336-4327 Email: cna@ci.naCronal- cltyCa•us Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Afield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: 619336-4543 Fax: 619-336-4525 Email: ififreid@ci.national- city.ca.us Application Details Date Agreed to Trust Fund Requirement 08-JUN-02 Applicant is PSOHB Compliant No Date Agreed to SPOC Requirement 08-JUN-02 Date Agreed to SAA Review Requirement 08-JUN-02 Date Agreed to Certifications: 11-JUL-02 Date Agreed to Assurances: 11-JUL-02 https://grants.ojp.usdoj.gov:8004/gms user/plsgl/Ilebg_main.app_read only?p bgid=4&pact.. 8/13/02 Arc /t4.6/" 7 i 1 4 I t OF I RESOLUTION NO. 2002 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $117, 73 6.49 IN FY 2002/2003 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF MOTOROLA RADIOS AND ACCESSORIES FOR THE POLICE DEPARTMENT WHEREAS, on September 3, 2002, Resolution No. 2002-129 was adopted by the City Council authorizing the acceptance of the 2002 Local Law Enforcement Block Grant funds from the United States Department of Justice which awarded $117,914 in grant funding to the City of National City; and WHEREAS, the Police Department has requested the appropriation of $94,331.20 in grant funding to Police Department Account No. 131-411-000-515 (Communication. Equipment -Asset Forfeiture Match for Grant) for the purchase of 24 800mhz Motorola XTS 30000 radios and accessories; and WHEREAS, Motorola is the sole source for the Motorola radios; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor; and WHEREAS, the Police Department has requested the appropriation of the remaining $23,582.80 in FY 2002 Local Law Enforcement Block Grant funds be appropriated to the County of San Diego for expenditure in the Drug Court. Program to satisfy the disparate jurisdiction situation; and WHEREAS, the Police Department's request was considered and approved by the Local Law Enforcement Block Grant Advisory Board at their meeting of September 30, 2002; and WHEREAS, the Police Department's request was considered and approved by the City Council at a public hearing held on October 15, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $94,331.20 in FY 2002 Local Law Enforcement Block Grant funds for the purchase of 24 800mhz Motorola XTS 30000 radios and accessories. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to execute, on behalf of the City, a purchase order for 24 800mhz Motorola XTS 30000 radios and accessories from Motorola without utilizing the formal bid procedure. Resolution No. 2002 — 161 October 15, 2002 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $23,582.80 in FY 2002 Local Law Enforcement Block Grant funds be appropriated to the County of San Diego for expenditure in the Drug Court Program to satisfy the disparate jurisdiction situation. PASSED and ADOPTED this 15th day of October, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND READING OF ORDINANCE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 15, 2002 AGENDA ITEM NO. 14 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 OF THE MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBILE SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS (CASE FILE NO. A-2001-1) PREPARED BY DEPARTMENT Steve Ray Planning Department �'G/ , EXPLANATION The amendment is described in a separate agenda statement for a public hearing. In anticipation of Council approval after conducting the hearing, the attached ordinance has been drafted. ( Environmental Review __( N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the proposed Code changes. Vote: Ayes - Valderrama, Flores, Parra, Baca, Reynolds, Graham; Nays - Ungab ATTACHMENTS ( Listed Below ) Ordinance A-200 (9: 99`. Resolution No. ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TOBACCO SPECIALTY SHOPS AND MINIMUM AREA FOR AUTOMOBTL .F, SALES LOTS AND AUTOMOBILE AND TRUCK REPAIR ESTABLISHMENTS APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. A 2001-1 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: • Replace "Tobacco Shop" with "Tobacco Specialty Shop", a Typical Permitted Use in Use Groups 17 and 18. Section 2. That Section 18.16.196 be added to the Land Use Code to read as follows: 18.16.196 Tobacco Specialty Shop. "Tobacco Specialty Shop" means any business, the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than 40 percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. Section 3. That Section 18.16.197 be added to the Land Use Code to read as follows: 18.16.197 Distance requirement for Tobacco Specialty Shops. A. "Tobacco Specialty Shop", where permitted pursuant to Appendix D of the Land Use Code, shall not be located within 1000 feet of any school, playground, recreation center or facility, childcare center or library in the City of National City. B. A use lawfully existing on the effective date of this section which is rendered nonconforming by the provisions of this section may be continued for a period of not more than three (3) years from said effective date, and shall thereafter be terminated, provided that: 1. The use shall not be extended or expanded either on the same or adjoining property. 2. If the use existing at the time this section takes effect is thereafter discontinued for six (6) months or more, any future use of the property shall conform with the provisions of this section. C. The owner or operator of a use rendered nonconforming by the provisions of this section may apply to the city council for an extension of the time upon which said use must be terminated. The application for extension shall be governed by the hearing and notice provisions of Chapter 18.130. The city council, after conducting a public hearing may, by resolution, deny the extension or grant an extension equal to or less than applied for, when it concludes that the Ordinance No. 2002 — Page 2 strict application of the provisions of this section would be unreasonable as to a particular use, that strict application of the provisions of this section would create a hardship upon the owner or operator which was not brought about by an act of the owner or operator, and the hardship resulting from strict application of the provisions of this section outweighs any detriment to the public caused by, granting an extension of time. In making a determination as to granting or denying extensions of time, the city council shall consider any evidence presented as to the following matters, but not limited thereto: 1. Age, condition and physical characteristics of the use; 2. Location; 3. Remaining economic life; 4. Depreciation treatment for income tax purposes; 5. Investment in use; 6. Monopoly or advantage resulting from fact that similar new uses are prohibited; 7. Cost to discontinue use. D. A copy of the resolution made by the city council under subsection C shall be mailed to the applicant. final. E. The decision of the city council upon an application for extension of time shall be Section 4. That Section 18.16.209 be added to read as follows: 18.16.209 Automobile and truck repair service establishments. Automobile and truck repair service establishments shall have a minimum lot area of seven thousand five hundred square feet. Section 5. That Section 18.18.114 be added to read as follows: 18.18.114 Automobile sales lots. Lots used for the sale of automobiles, trucks, recreational vehicles or other similar vehicles shall have a minimum of ten thousand square feet. Section 6. That the City Council finds that the proposed Code Amendment, which addresses tobacco specialty shops and minimum area for automobile sales lots and automobile and truck repair establishments, is consistent with the City's General Plan for the following reasons: • Distance requirements for tobacco specialty shops will limit this use from locating near schools, libraries, parks, recreational facilities and child care centers, with which it is incompatible, and General Plan policy calls for careful review of uses which may not be compatible with adjoining areas. Ordinance No. 2002 — Page 3 • The provision for termination of a lawfully established tobacco specialty store which becomes nonconforming on the effective date of this Ordinance carries out General Plan policy that encourages the removal or relocation of uses that are incompatible with surrounding properties. • Minimum area requirements for automobile sales lots in the Manufacturing Zones and for automobile and truck repair establishments in the Commercial Zones is consistent with the same requirements for the uses where allowed in other Zones and needed to ensure adequate area for on. site parking and storage of vehicles, and the standards need to apply to the specific use rather than solely to the Zone they are located in, in order to avoid potentially negative effects on adjoining areas. The proposed changes are consistent with General Plan's Economic Development policies to encourage standards that support compatibility with adjacent land uses and strengthening of the overall business environment. Section 7. 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. PASSED and ADOPTED this day of , 2002. Al"_ EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT ;EETING DATE October 15, 2002 AGENDA ITEM NO. 15 ITEM TITLE DISCUSSION REGARDING THE TROPHY LOUNGE ON NATIONAL CITY BLVD. PREPARED BY Tom G. McCabe /(EPARTMENT City Manager EXPLANATION At the City Council meeting of October 1, 2002, Council requested that this subject be placed on the next agenda for the purpose of discussion. Env zrt ental Review _(N/A Financial Statement N/A Approved By: Finance Director Account No. (STAFF RECOMMENDATION Council decision. BOARD / COMMISI RECOMMENDATION N/A ATTACHMENTS I Listed Below) Resolution No. N/A A -zoo i9 99 City of National City, California COUNCIL AGENDA STATEMENT :EETING DATE October 15, 2002 AGENDA ITEM NO. 16 (-ITEM TITLE NOTICE OF DECISION - CONDITIONAL USE PERMIT FOR A NEW NATIONAL CITY PUBLIC LIBRARY AT THE NORTHEAST CORNER OF NATIONAL CITY BOULEVARD AND 15T" STREET (APPLICANT: NATIONAL CITY LIBRARY) (CASE FILE NO.: CUP-2002-10) PREPARED BY Andrew Hoskinso DEPARTMENTPIanning EXPLANATION The project site is a vacant, approximately two acre lot at the northeast corner of National City Boulevard and 15tb Street, adjacent to the Kimball Park baseball fields. It is zoned Medium Commercial (CM). The site is very visible from the north and south on National City Boulevard and from Kimball Park. The proposal is to construct a new approximately 49,000 square foot, two-story public library. It will be constructed of glass, aluminum and split face block, and will be a maximum of 45 feet tall. The building will be located on the north half of the lot and a 97 space surface parking lot will be on the south half. There will also be over 21,000 square feet of landscaping, which will allow the building to transition smoothly into Kimball Park. Planning Commission held a public hearing on this item on September 16, 2002. There was no testimony in opposition to the project. The project architect explained how the design and selected building materials will create a building that will be unique in the area, yet will meld with the fabric of the existing development. The Commissioners voted to approve the Conditional Use Permit, since the site is suitable for this size and type of development, and since it will better serve the residents of National City. 2 Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of e Planning Commission and recommends that the Notice of Decision be filed. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: AYES - Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 26-2002 2. Location Map 3. Site Plan and Elevations Resolution No. 4. Site Photographs A-200 (9)99) RESOLUTION NO. 26-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW NATIONAL CITY PUBLIC LIBRARY AT THE NORTHEAST CORNER OF NATIONAL CITY BOULEVARD AND 15TH STREET APPLICANT: NATIONAL CITY LIBRARY CASE FILE NO. CUP-2002-10 WHEREAS, the Planning Commission of the City of National City, California, considered a Conditional Use Permit application for a new National City public Library at the northeast corner of National City Boulevard and 15th Street at a duly advertised public hearing held on September 16, 2002, 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-2002-10 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 September 16, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the square, mostly flat two acre property is large enough to contain a municipal library, including appropriate landscaping and off-street parking, capable of serving all National City residents without the need for a Variance. 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 library is located on National City Boulevard, a major arterial road operating at 15,000 Average Daily Trips (ADT) capable of absorbing the 1,000 ADT the library will generate. Additionally, it is well connected to existing pedestrian paths and is well served by existing mass transit service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it is situated nearby other institutional uses, and since the site and building have been designed to be compatible with surrounding development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the library will serve the educational and recreational needs of the over 56,000 National City residents far better than the existing library, which was built to serve less than 30,000 people. BE IT FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes construction of a new 48,998 square foot National City Public Library. 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-2002-10, dated 8/26/2002. 2. 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. 3. A trash enclosure shall be provided in accordance with city standards. It shall have a block exterior to match the building. 4. A Street Vacation for the E. 15th Street public right-of-way needed for the use shall be approved prior to issuance of building permits. 5. All aisles in the surface parking lot shall meet minimum Code requirements. 6. 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. 7. A grading and drainage plan, prepared in accordance with the City's standard requirements by a Registered Civil Engineer, shall be submitted showing all existing on and off -site improvements. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System regulations. Also, method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in City right-of-way shall be six inch in size with a clean out. A sewer stamp "S" shall beprovided on the curb to mark the location of the lateral. 8. A soils engineering report shall be submitted for Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design and the maximum allowable soil bearing pressure. At minimum parking lot pavement sections shall be two inch A.C. over four inch Class II aggregate base. Street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 9. If there are existing easements reserved to the City of National City on the property, no buildings may encroach within the easement(s). Easement shall be shown on plans. 10. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 11. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. Exterior glass walls, to a height of not less than 6 feet, shall be coated with a scratch -guard type film subject to approval from the Building and Safety Director. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 13. The passenger loading area for the bus stop on National Cityy Boulevard between 14th and 15th Streets shall be concrete. Additionally, it shall be 10 feet wide and 25 feet long. 14. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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 October 7, 2002, by the following vote: AYES: FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: LOCATION MAP Northeast corner of National City Boulevard and 15th Street NATIONAL CITY PLANNING DRN. DATE: 9/3/02 INITIAL CUP-2002-10 I HEARING: 9/16/02 NATIONAL CITY BLVD 4 r LJ A STREET ,1 I; MMO Ma PROPOSED LIBRARY TOTAL PARKING: 97 CARS 15TH STREET i PARKING LOT COVERAGE: 32,700 SF LANDSCAPE/PLAZA: 21,505 SF BUILDING FOOTPRINT: 31,095 SF TOTAL OVERALL SITE: -84 8y99rse�f, 3ov ✓.' f. BUILDING DATA: 2 STORY BUILDING GROUND FLOOR: 31,095 SF UPPER FLOOR: 17,903 SF TOTAL SQUARE FOOTAGE: 48,998 SF 2 STORY BUILDING, 45' MAXIMUM HEIGHT ARCHITECTURAL SITE PLAN NATIONAL CITY PUBLIC LIBRARY SMIMAMICDS,fNMA,MMYsP„L,m2 A1.01 NORTH ELEVATION SOUTH ELEVATION TOP OF PARAPET T.O. SCREEN WALL TOP OF PARAPET Y +32'-0" A.F F. UPPER FLOOR V +14•A"FP V GROUND +0'-O" F P.FLOOR ,L T.O. SCREEN WALL ,AL TOP OF PARAPET T' +32'-O'A.F.F. ,L UPPER FLOOR Y+14'_O' F.F BUILDING ELEVATIONS NATIONAL CITY PUBLIC LIBRARY SCHEMATIC DESIGN SUMBIIThL 51PWL A3.O TOP OF PARAPET A UPPER FLOOR GROUND FLOOR +0-0 FF. PANELED. DEMN REDEEM NM PLUMED qDI WALL 'MOW ALL/LE NLEA PANELS 1 5 00NT' 11111iiiiig 11811111111 I I= = 11111111111/ 1i� WEST ELEVATION OPEN TO BEYOND 0 ROMP DOOR EAST ELEVATION PAINTED AMMAN MD' WALL En" 1141411113war PAIN:F➢A ENDED PANELS LOW E°LADS FP RAPE .F. T.O. SCREEN WALL +42'-0" H.P. ,L TOP OFA.F.F.APET y +321W PAR ,L UPPER FLOOR , O-OUND FLOOR BUILDING ELEVATIONS NATIONAL CITY PUBLIC LIBRARY sc0EnunmESION sLMemAL ?APPM1 NTO! A3.02 Site Photographs View of the site from the intersection of 15 Street and National City Boulevard View of the site from the west across National City Boulevard. EMI 8 City of National City, California COUNCIL AGENDA STATEMENT dEETING DATE October 15, 2002 AGENDA ITEM NO. 17 (-ITEM TITLE NOTICE OF DECISION - PLANNED DEVELOPMENT PERMIT FOR A DUPLEX ON A VACANT PARCEL IN THE 2100 BLOCK OF F AVENUE (APPLICANT: JOSE GUTIERREZ) (CASE FILE NO. PD-2002-5) PREPARED BY Charley Marchesano" — DEPARTMENT Planning EXPLANATION The project site is a 6,350 square foot parcel between 2105 and 2121 F Avenue, in the RM-1-PD (Multi- family Residential -Planned Development) zone. The relatively flat site measures 50-feet wide by 127-feet deep and is accessed from both F Avenue and a rear, unimproved alley. A small dilapidated home was recently removed from the site, leaving it vacant. Nearby uses include single and multi -family residential units. The applicant proposes to construct a one-story duplex on the property such that one unit will face F Avenue while the other would face the alley. Each dwelling will have three bedrooms and two bathrooms, with roughly 1,200 square feet of floor area. Two -car garages are proposed for each unit. The exterior will consist of a white stucco finish, with brown composite roof shingles. The site will be landscaped and fenced; paved pedestrian access will be provided between the rear unit and F Avenue. The applicant has indicated that he intends to reside in one of the dwellings. The Planning Commission held a public hearing on this matter at their September 16th meeting. There was no public testimony in opposition to the project. Commissioners noted that the duplex is designed to appear as a single-family home when viewed from F Avenue and voted unanimously to approve the project. CEnvironmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Vote: Ayes -Unanimous e ATTACHMENTS ( Listed Below ) Resolution No. 1. Planning Commission Resolution No. 27-2002 3. Site photos 2. Location Map 4. Reduced site plan and elevations A-200 (9/99) RESOLUTION NO. 27-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A DUPLEX ON A VACANT PARCEL IN THE 2100 BLOCK OF F AVENUE APPLICANT: JOSE GUTIERREZ CASE FILE NO. PD-2002-5 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for a duplex on a vacant parcel in the 2100 block of F Avenue at a duly advertised public hearing held on September 16, 2002, 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. PD-2002-5, which is 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 September 16, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 6,350 square foot parcel is large enough to accommodate the proposed duplex, and the proposed layout of the units allows for adequate parking and access to both units. 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 project site is accessed by F Avenue and an alley between 20 and 22nd Streets, both with adequate capacity to handle the minor amount of additional traffic expected to be generated by the new dwellings. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed duplex is of standard construction and incorporates several desirable design features, is adequately setback from the street, and provides adequate parking on - site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed development will replace an older dilapidated home, provide additional units available for rent by larger families, and the new construction could trigger additional improvements in the neighborhood. BE IT FURTHER RESOLVED that the application for the Planned Development Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes the construction of a duplex on a vacant lot, between 2105 and 2121 F 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. PD-2002-5, dated August 8, 2002. 2. Plans submitted with any application for a building permit shall be revised to show the depth of each proposed garage increased in order to comply with Land Use Code minimum requirements. 3. Building plans shall be revised to show pedestrian access provided from F Avenue to the rear unit. 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. 5. 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. 6. A drainage plan shall be submitted showing all proposed and existing on -site and off -site improvements. The plan shall be prepared by a registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the drainage plan. Any new sewer lateral in the City right-of-way shall be six inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 8. The deteriorated portions of the existing street improvements (5' of sidewalk) along the property frontages, shall be removed and replaced. 9. Street improvements shall be in accordance with City standards. All missing street improvements (alley 10' by 50') shall be constructed. 10. A permit shall be obtained from the Engineering Department for all improvement work done in the public right-of-way, and the grading construction on private property. 11. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimate shall also be deposited with the City as an initial cost for plan checking and inspection services at the time plans are submitted. The deposit is subject to adjustment. 12. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall also enter into an agreement with the Authority for any water facility improvements required for the proposed project and pay all necessary fees. 13. A minimum of ten feet of separation is required between all sewer and water laterals. 14. The applicant shall not disturb any existing Pacific Bell facilities on or under the project site. 15. Before this Planned Development 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 Planned Development 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 Planned Development 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. 16. 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. 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 October 7, 2002, by the following vote: AYES: FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: 100 0 100 Feet ZONE BOUNDARY PROJECT LOCATION LOCATION MAP PD-2002-5 NATIONAL CITY PLANNING DRN DATE: 8/23/2002 INITIAL HEARING: 9/1612002 SITE PHOTOS Project site looking northeast across F Avenue Project site looking east across F Avenue U. `)NO) NILSIX� 20'0" 127.0' PPOPEPTYUNE 9I,A -0" 6" W0012 PENCE AT MAP, AND V' 8'-0" O 0 IV 6 WO09 FENCE AT ITOJ C- tA1"A J0155ITE APPM55: 2o6e211 j"AYENI E PROPER' OWNEDW7PP655: JO5E N-PREPO GU1IErES 341 EAST IBTH 511ZEET NATIONAL CITY, CALIPORNIA 91950 1EL:(619) 341-4805 OCCIR'ANCY: P-3 / U-I TYPE CON5IP.UCT ION: V-N NAND 51PE5 ZONING: P5-3-PD COPE5: U3C,UMC,UPC 1997,NEC1996 APN: 560-320-02 LEGAL 12E5CPIP11ON: NAY5 HIc LAND A1717 5F 0-512 ADJ & 13LOCK 5 1 ACT: 116,00 SCOPE OF WORK: NEW DI.B'I.EX , 5INa-F FAMILYG Y5 I r o TIC KY\OI 5 0 CLAM "A" FIDERGLA55 MINGLES (3o YEAR ATTIC VEN1LA110N GRI12510 DE A NET AREA OF I/ 150 H OF f EAREATO6FUEN1LAW OPORLANP CEAMENT PLA5IER ( STUCCO) OfC11ONAL GARAGE POOR 0 OPEN PoRcK 501.101ELEVA1QN O a = = -=I vy- _ ,P y lot ' 'yr //I EANtaVAIOJ a�17, V City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE October 15, 2007 AGENDA ITEM NO. 18 7-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON PRICE BREAKERS AT 1019 HIGHLAND AVENUE IN SOUTH BAY PLAZA (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: CUP-2002-2) PREPARED BY Andrew Hoskinson DEPARTMENTPIanning EXPLANATION The project site is an existing commercial building, Price Breakers, in South Bay Plaza, which is in the General Commercial (CG) zone. The large, 32 foot tall building is visible from both Highland Avenue and Plaza Boulevard. The applicant is proposing to redesign the existing rooftop equipment enclosure to match the building. In doing so, they will place 12 panel antennas behind the new screen walls. The wireless communications support equipment will be located in a 216 square foot, second floor utility room. Planning Commission held a public hearing on this item on September 16, 2002. At the meeting, a representative of Price Breakers raised some questions about the potential impact the wireless communications facility would have on the current tenants in the building. The applicant addressed the questions at the Commission's request. Additionally, the Commissioners discussed what other locations the applicant had considered. They voted to approve the Conditional Use Permit, since the facility is located on an existing building, it will improve the appearance of the existing equipment enclosure and provide a stealth location for the antennas. CEnvironmental Review X NIA Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: AYES - Unanimous w ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 25-2002 2. Location Map 3. Site Plan and Elevations Resolution No. 4. Site photographs 5. Wireless Communications Facilities Map and Table A-200 (999) RESOLUTION NO. 25-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF PRICE BREAKERS AT 1019 HIGHLAND AVENUE IN SOUTH BAY PLAZA APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-2 WHEREAS, the Planning Commission of the City of National City, California, considered a Conditional Use Permit application for a wireless communications facility on top of Price Breakers at 1019 Highland Avenue in South Bay Plaza at a duly advertised public hearing held on September 16, 2002, 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-2002-2 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 September 16, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed and operated in and on an existing commercial building. 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the facility will be operating at an existing commercial building, and since the facility will not be visible to nearby businesses or passersby. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of Cingular's wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the operation of a wireless communications facility at 1019 Highland Avenue. 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- 2002-2, dated 8/5/2002. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. The rooftop equipment enclosure shall be redesigned so that the walls are completely vertical, and the fiberglass cover for the wireless antennas should be finished with stucco to match the Price Breakers building. 3. 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 case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. 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. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use 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. 7. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, 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 October 7, 2002, by the following vote: AYES: FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: PROJECT LOCATION ZONE BOUNDARIES Imanimmor N A LOCATION MAP 1019 HIGHLAND AVE. CUP-2002-2 NATIONAL CITY PLANNING 411111111111111111110111 DRN. DATE: 8/26/02 INITIAL HEARING: 9/16/02 i: at -,5 . g. a � s CO S V X 8 uc n § �� "� MIL *DM W - PROJECT NU E PRICE BREAKER PROJECT NUMBER SD 670-01' IOIExOAD ME NA➢OIPL OW. G YIEU SCR TEN g0.1 a 9 DJ gg $ Sa$ssa co 12.0 gQr. ,z3 w °w C. Q � 52 N &cgi C` PROPo9ED COCOA YN965 (COED IM1X45 (90 AZMIM SECTOR 1!'1 Y/ max10(90AS5 CODERS SECME) l0 conic TWO small TN1 am PNNIiD 10 secs (Ylmlc 00003 TOYER ON BFGN; SOOT sn51110 BouoTH 2 _O 70005(p (MVP MELEE YNNED N00,4*5 (O 19WIM SECTOR 'A) W/ BOOED S91Rp MEE0Y0�P»1140 0OTO WW101 M PROPOSED MOW NIMES WONTED (HEMS (]w Jinn Ex1w'C) 4/ F00aiAA INNERS MIRED 10 Emn0C YGiu {pyQp SREfN 110l AID maim 10 W101 ofETHE M0M0N5 WY 014 000 s1O 10 NM SEE. ITECHT, DIRECTOR HO 1NM MIN CMICM Munson -Nis RNF TOOT. IOU R ffillEiiiEI El A G ib Riminnummuummummuunimisman S® grarlitill11110111111111=111 NORTH ELEVATION TOTE T6 RE. KW. OPG1Tmi M9 MICR OF TIC MRENWS W1IE ADJUSTED 10 YEE1 SIEry COOT, RENR0YMIS FROMM MOW "HIES IYJNRO wows (]10 IDRIM SEIOR 'C) Y/ RROUE Cg96 ENT O 10 COSaO YRM IPAED SOUS TILL PRO PONIED 00 NOCE E>tirv10 RAIWM OVIK 160E LEsfl (ET TOOT :1 PROPOSED Q51U5 MK= MOOD OIDOYS ID AMOK ECIM 4) Ti/ FIBE0A59 COOS snap 10 EMORIC YRM MUSED SUM WML RIO WED 10 WR]1. 1 -D MONO 9Mia0 \ E>Eltry FOY. LL5E1 -P PROPOSED 010111/11 WOOS BOSOM KM TOE 9S. BO E, MOTTO MS 900UI0X NII00(5 (?a RMEl s0M1'C) Y/ Of 00 4*10OYS WE BE OUSTED 10IEii E6 SECTORED TO<DCOS O KM S51EN C M= PE0*RED01R Enna SDREIRT IOU HO OS ....../—E)O11R0 CORING TOM 0,191IDDR4 N00E —4 -B Fr -E A -<- E -R s- v WEST ELEVATION EASIMD C0.Y}10 TOM ox RUM MCC MOM MOW miss YORED MOM ((RECURS 90 10 EOSIRD YE)1M./(Ren corms,r urn"w PANTED mwlml 11111! 11111, SOUTH ELEVATION ttrIR1E WOWS WT EE PPD11MO T0li R1 SYEDI CM=R= Kamm PR(P05ID CIOJA MmESS MOWED AYENWS (90 AMER SECTOR 4.) N/ FOSPOLASS COVERS 1PEO SUED , MD *ED WO EOM COMM TOYER N MOO ROOF H c 1_(J 1 I rf CO WV MA t ROMEO MOIN45(0O RW ORR 4YM91!/ DOMEDIBERO�S(a W1 SAMIOCOMM SEM) TO OMOIOYFIOIM MISTING PMOPOT WMS EAST ELEVATION GRAPHIC SCAL.EDEE1) D Cam_ UDC UNNESAL DESIGNS AND CONSIRUC1(ON YM¢pugwmwn.R-✓ P 1u x 1401204 m1 Yml(60vRI-191 mn. Mr [AWMIM My5 PRSPA® EDS X cingular- 61E1 NW061N2 PAR!, 911E 1O £Ay Data. minas/ 9/121 APPROVALS .MPrr.IM5 11412 ONO CAR Y+R Fro I[P6mN Y'R PROJECT NOTE PRICE BREAKER PROJECT NMNBER SD 670-01 .1011 MEMO Oh 8N11olos OTT. CS 919W u OEW OR4WM0 DOES WPM MN ID IMP IY+YMAPW most m/x/M 04 Rv ®II OP VORe mooRm Ym1 E) SHEET ITTE EXTERIOR ELEVATIONS 01 . /..4yyq A-3.0 .!W*80,,V4ItteMAINA. &tl!. I REVISED •!_ Proposed antennas located behind proposed screen painted and texture4 to match match existing building *--itivw.:•:•••:--4'7' • - PHOTO: LATION OF PROP Et, ANTENNA LOCATION REVISED Proposed antennas located behind proposed screen painted and textured to match existing building ______ .15-1-- ---- , ..._ =„,.,--------,:-.„-,Fr'----_-/ , / „ . ,=- \ 0\ - \ ' ,\)0i,8.\\ k \ \\..---t: \ •\ \ \ ,-- • I -- \ - \ -1 ' --,,---,--', ', _ ,-4,11.11 il!!•:- - - - --Vg \ ` • : , 1 F l elz 7 ', -- ,--\--- ',,, ----\ ".. - ---- \ \ \\:\ \ \ rr. \ 2 \ \ , , \ -V\ \ - - - „ • , \ f.:*\ \ , y oup \ , \ , \ a location of one or more facilities in National City A facilities In unincorporated area p pending approval City limit \ Wireless Communications Facilities 1000 0 1000 Feet National City Planning Dept. 10/4/02 Facility # 1 2 Case File No. APN Location Provider Applicant/Consultant Name 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna. AirTouch Cellular 3 4 5 6 7 8 9 10 11 12 562-340-26 300 W 28th Street AirTouch Cellular 75-foot monopole with three sector antennas and 450-sq foot equipment building. 13 556-471-24 801 National City Boulevard Nextel Communications Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet. 14 559-032-02 1215 Wilson Avenue PacificBell Mobile Services Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. Nextel Communications 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services Iantennasd equipment cabinet 15 CDC Res. No. 94-28 PacificBell Mobile Services PacificBell Mobile Services CUP-1994-8 CUP-1995-11 CUP-1995-13 Located on roof of Quality Inn. PCS facility- six pane an 555 086 11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 d ' tbuilding. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. Locate on exis ing u 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation 16 Locate on roof d f f Red Lion Hotel Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 17 o e 554 120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. GTE Mobilnet 559-160-13 1022 W 24th Street GTE Mobilnet Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services Locate atop t the existing Plaza Bonita sign PCS facility- three antennas and two equipment cabinets at base of sign. 554-050 12 303 Palm Avenue AirTouch Cellular AirTouch Cellular 60-foot high monopole wit h th six whip antennas thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 564-472-01 3030 Plaza Bonita Road Nextel Communications t ESMR facility nine antennas and equipment cabinet. Nextel Communications Located atop Plaza Boma sign. 554 050 15 2005E 4th Street GTE Wireless Lettlerl-McIntyre & Associates Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 557-420-27 1840 E 12th Street Nextel Communications 60 foot monopalm on vacant commercial lot. 556-471-24 801 National City Boulevard AT&T Wireless Services Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. Nextel Communications WFI CUP-1996-2 CUP-1996-4 CUP-1996-5 CDP-1996-3 CUP-1996-6 CUP-1996-7 CUP-1996-8 CUP-1996-12 CUP-1997-8 CUP-1998-4 CUP-1999-4 CUP-1999-5 18 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 19 561-360-35 18th and Newell Street Sprint Tim Kolset, WFI CUP-2000-8 Located in Las Palmas Park. Monopalm and equipment along with live palms. 20 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI CUP-2000-9 Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-2000-11 Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Road Sprint Tim Kolset, WFI CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 23 554-120-24 2701 E 8th Street PacBell Krystal Patterson, PlanCom CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument. 24 554-120-18 2701 E 8th Street AT&T Wireless Services AT&T Wireless Services CUP-2000-24 Located at existing church. Antennas located in a 60-foot monument. 25 562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings. 26 554-120-24 2701 E 8d' Street Sprint Tim Kolset, WFI CUP-2000-27 Located at existing church. Wireless communication facility- nine antenna and equipment building. 27p 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Inc. CUP-2000-30 Located atop Holiday Inn Hotel. Wireless communication facility- 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 28 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors of four antennas each and equipment shelter. 29 564-290-06 3300 block Cagle Street Sprint WFI CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. 30 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 31 559-106-17 525 W. 20th Street Sprint Gianni & Associates CUP-2001-4 Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 32 556-473-18 242 E. 8th Street AT&T FIXED Wireless CUP-2001-6 Located atop an existing church. 33 554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates CUP-2001-10 Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 34 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 35p 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 36 37p 38p 39p 40p 41 42p 1u 2u 3u 4up 563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-3 Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center. 5up 564-290-06 3737 Sweetwater Rd. Cingular Wireless 72 foot tall monopine with standard equipment enclosure. 560-320-15 2100 Highland Avenue Cingular Wireless o f t t ll onopalm on a vacant lot with a standard equipment enclosure PlanCom PlanCom Approximately 4 oo a m 556 101 15 241 National City Boulevard Cingular Wireless PlanCom 12 panel antennas b h' d f ur new partial parapet walls atop an existing furniture store; four equipment cabinets outside ern o 558-200-24 2417 E. 18th Street Cingular Wireless PlanCom Panel antennas I t d 'de new light standards equipment located inside existing commercial building. ocaa insr 556 354 13 716 Highland Avenue AT&T Wireless ServicesShelly Kilbourn Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 563-010-47 2605 Highland Avenue Sprint Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 563-063-29 2563 Grove Street Monopole located aside live palm trees. 563-184-47 2909 Shelby Drive 75-foot monopole and equipment building. 563-062-17 2524 Prospect Street AT&T Wireless Services 35-foot monopalm with three sector directional antenna system and equipment cabinets. 564-310-32 3312 Bonita Heights Lane AT&T Wireless Services 50-foot monopalm with four arrays of one antenna each and equipment cabinet. 563-063-29 2563 Grove Street AT&T Wireless Services Four antennas mounted on an existing 52-foot monopole with 162-sq foot equipment enclosure. CUP-2002-4 CUP-2002-5 CUP-2002-6 CUP-2002-13 CUP-2002-14 Project Design Consultants CUP-2002-18 AT&T Wireless Services Gianni & Associates Gianni & Associates P91-026W P95-025 ZAP99-028 ZAP00-133 MUP91-026W2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 15, 2002 AGENDA ITEM NO. 19 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE PILIPINO AMERICAN COMMUNITY OF NATIONAL CITY AND WAIVER OF FEES PREPARED BY DEPARTMENT Burton Myers Public Works EXPLANATION The Pilipino American Community of National City (PACNC) is requesting use of the North Room of the Community Center on Thursday October 24, 2002 from 6:00 pm to 9:30 pm They are planning to hold a Political Forum, inviting the National City community. They are expecting 100 people. Costs: Building $246.26 Custodial 61.44 Total: $307.70 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". The Organization will be purchasing insurance through the City. Proof of insurance will need to be provided to the Public Works Department prior to the event. Environmental Review X N/A Financial Statement Loss of $307.70 if waiver of fees2: ppr�ved. STAFF RECOMMENDATIO Council decision on use of the Center and waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter from the PACNC dated October 6, 2002 Resolution No. A-200 (9 99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: s �/, s'n D 4n eri c �n Business Address: 3 3, 3 D f-G7 e / A' - Name of Applicant: Address: 13 3 b Telephone Number. day /$ „U 7/ e ,�G 7 evening ( ) 7 - G G 7 Type of Function: p fd ' /, ` co / /- c /r u m Date Requested: L;44yin a ,Lo z.c , >LF o.4,C a-19. ff.c(PAciv Decorating Time: G '' (am/ ) to , ' U (am/pm) Function Time: 6, ,'3 t' /9 Al c (am/pm) to zlo .'63' / ' l%'I - (am/pm) Clean up Time: 9' r-I) (am/pm) to 9 ; 32) (am/pm) Use of Kitchen: no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: / O Will Admission be charged? d If yes, Amount $ Will this event be used as a fund raising event? x-O Will alcohol be served? Aid If yes, ABC Permit Submitted? Certificate of Insurance attached? y s pip /i: /,cr Special configuration of tables or chairs required? If yes, attach sketch. / o r iFc' /- `76 Special equipment required? 'ifyes, attach list. /� Copy of Rules & Regulations, provided? • >ies Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may.create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. 110/119 PILIPINO AMERICAN COMMUNITY OF NATIONAL CITY October 6, 2002 Pilipino American Community of National City Gilanthony Ungab, M.D. 2225 East 32'1 Street National City, CA 91950 Dear Sirs: I am writing to request a waiver for the use of the National City Community Center for the PACNC Political Forum. For more than 2 decades we have sponsored this event It allows the community to meet the candidates and ask any important questions to help them make an educated decision on Election Day. The community center is an ideal central location for National City. Our last Political Forum was a success and we would like the opportunity to repeat it in 2002. 2225 EAST 320D STREET • NATIONAL CITY, CA 91950 619475-3621 • FAX City of National City, California COUNCIL AGENDA STATEMENT October 15, 2002 MEETING DATE AGENDA ITEM NO. 20 (-ITEM TITLE TEMPORARY USE PERMIT — SWEETWATER HIGH SCHOOL- HOMECOMING FIREWORKS DISPLAY PREPARED BY Claudia Caro, Permit Tech.DEP TMENT Building and Safety EXPLANATION This is a request from Sweetwater High School to hold a fireworks display on Friday, October 18, 2002 during half time of the homecoming football game. The fireworks display will last 7 minutes and begin at 8:45 p.m. Sweetwater High School is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy #704. Environmental Review X N/A Financial Statement The City has incurred $136.00 in costs in processing this Temporary Use Permit application. Costs to be paid include $85 for a Fire Permit and $720 for Police officers. STAFF RECOMMENDATION Account No. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the processing fees. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater High School EVENT: Fireworks Display DATE OF EVENT: Friday, October 18, 2002 TIME OF EVENT: 8:45 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE COMMENTS [ x ] POLICE YES [ x ] NO [ ] SEE COMMENTS [ x ] CONTITIONS OF APPROVAL: FIRE 336-4550 1. No Fire Department access is to be blocked at any time. 2. All Fire Department connections, FDC's, hydrants, sprinklers, shall not be blocked. 3. A permit for the fireworks display must be obtained, by the fireworks company, from the Fire Department. The fee is eighty-five ($85.00). The permit must be applied for at least 14 days prior to the event. 4. A Fire safety inspection will be conducted prior to the fireworks display. 5. The fireworks company will have to provide the Fire Department with a site map showing separation distances from the shooting site and spectators, as well as, the fall -out area. POLICE 1. This is an ASB sponsored event so the cost analysis is based on the $20.00 an hour user fee for Police. 2. Eight (8) officers and one (1) sergeant will be assigned to work their four (4) hour minimum, nine (9) officers x four (4) hours @ $20.00 per hour = $720.00. 3. Reserves, explorers and RSVP will also be requested to work the event. 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 07 Type of Event: _ Public Concert Fair Festival Community Event Parade +_ Demonstration Circus 0_ Block Party _ Motion Picture _.Grand Opening Others (0)*ttw9 Sosi-lobt((. Event Title: Now-t-C.O wA. s 2 tk Event Location: `('-0"Q �/ Event Date(s): From (O//' 1 /?to !c/j _Total Anticipated Attendance: Month/Dey/Ye r 7— ( Participants) ( Spectators) Actual Event Hours: 6• am/ r/i to q r i a j1 Setup/assembly/construction Date: 10/1-0/0 z Start time: 60 PI' Please describe the scope of your setup/assembly work (specific details): A C Dismantle Date: (uf 2u/O 2 Completion Time: gi 3o am4 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. SponsoringOrganization:.5'vr-LEA f 1� °�' `" For Profit �,, ot-for-Profit Chief Officer of Organization (Name) c l ��^^� 1 f Applicant (Name): TC j v,. r � t`Tss ; f 't 1'Y.ue—Q S7n Address:00 ('C 1 `! fi c Daytime Phone: 6(.A) 4-11{-k0*Evening Phone: ( )j , Fax: (NI `744•"3`f Contact Person "on site" day of the event: �1(AAA I '� Le' Pager/Cellular: Gi t (- � / F3e NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • 1 61933643377 CITY OF NATIONAL CTY PAGE 09 09/04/2002 09:01 Is your organization a "Tax Exempt, nonprofit' organization? YES T NO Are admission, entry, vendor or participant fees required? y YES _ NO If YES, please explain the purpose and providp amount(s): illt44.i 5IO Kg.rL.kit r -Co Sfcvtsof St hoof Z.I , cipoft . $ .00 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. r� $ 60 0 0 Estimated Expenses for this event. $ 20 DO What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event, Val\5s$y bofk1( etv - w ,' 1-iri 7- yv 4.v • .---; CC. kAPOir5 ottspicoq cif NA (Pi -Ili f L ® YES O If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 09 YES NO YES NO YES )(NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at theevent? If yes, please describe: Det)(i 472 t^► ; {-cwt.5, p t-pcwts, eh, - Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the �( direction of travel, and provide a written narrative to explain your route. tK YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event, _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES ZNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas ��a Gd ��* n5 Please describe how food will be served at the event: /'G' g f �aVvi,bon 9)GUS OUVept 'P(vwt. A. 1900- If you intend to cook food in the event area please specify the method: _ GAS ?C ELECTRIC _ CHARCOAL — OTHER (Specify): > Portable and/or Permanent Toilet Faciliti Foci } ;}; d5 Number of portable toilets:'f y4 ( 1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) • Tables and Chairs > Fencing, barriers and/or barricades D Generator locations and/or source of electricity ➢ Canopies.or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above D Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: �� otA.1-„` 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 10 rocedures for both Crowd Control and Internal Security: VC P P 0? ,(.4r, 4 1.f-j 6vekti,4 p.j .YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Ni LP c Lill -17 C . �� }'1�p [ Security Organization Address: `t"�1 ZV ` ""f- r 1, 5 I J v. ict14 Di eyo, c.--z (((( �r e Phone: ,51- ag.--$ Security Director (Name): eciLy L 0 r O Z ( X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety ofshe participants and spectators: 6 w-e<f a �' b 4-t l000(t; g k fs Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ,. C a it !t`oj 9 p f 50 m lz p( 0 vE h a kr r -I, L Please describe your Accessibility Plan for access at your event by Individuals with disabilities: k a(:9fr,44eav wi,i-h c-erl.L(Q4.( CrUii.te-l/hps Please provide a detailed description of your PARKING plan: o��.. Cams V5 Please describe your plan for DISABLED PAIRK1IG: G✓ c Cif-5 4 e9/64/2002 e9:01 61933643377 CITY OF NATIONAL CTY PAGE 11 _. Please describe your plans to notify all residents, businesses and churches impacted by the L rctet4event: Oh L_C1 marEtiu NOTE: Neighborhood residents must be notified 72 hours In advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music' YES — NO Will sound amplification be used? If YES, please Indicate: Start time: 6190 am�ir Finish Time v am rr YES _ NO Will sound checks be conducted prior to the event? If YES, please Indicate: Start time: 5'`'" am/'pm Finish Time 610 a am n Please describe the sound equipment that will be used for your event: Avnpl:Pi e.v- Va./ 5Fec.ker St t k5/ f ES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 7 yvksvtVf 7irewOrkS e(^) 'YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: QeJa14.+5 13o14+1'1gs 4dor�t1�y Revised 10/3/01 5 61933643377 CITY OF NATIONAL CTY PAGE 12 09/04/20 For Office 'Use OnCy Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date; Approved: Yes No ,: UILDtt�;4 ADD SWE'iN' ,; ,. ,1� GPf"'4' F. {,i; aJ/ L CITY, , Vote:ECEIVEr Kathleen Trees. Director Building & Safety Department 6 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 13 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attachedCto this permmit. Organization ..t,J(4�-W�. d iI 19) S0O, 7 $> a V'\YI 14ihk•l e. Person. In Charge of Activity .J A Address 2-'�t Telephone(bl )4'74 - v16 Date(s) of Use 1 o/ i it/0 2 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agent, employees or contractors. Signature of App Official Title ant ks - ►.( 't-tiZ-oZ Date For Ofce Use Only Certificate of Insurance Approved Date 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 14 NIIIPTIk own' 1., -r," F w 0[8416.1, au Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP Is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization �� Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) w,s; No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed In the city, and who is in dire financiall; need due to health reasons or a death In the family? Yes (Please provide an explanation and details. 1v C.` I4, Vk c Q ' ` r,O-n 7` " s -ice• CAirxi 1 w`e p ezt-c -4 . VZ'Z r �'— No (Please proceed4' w`tfv r- ert-^ P _, !, V`/1.(An-e /J -} M/�C �n f �i {S 1 1-‘ to Question 5) CI 3 8 09/04/2002 09:01 61933643377 CITY OF NATIONAL CTY PAGE 15 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? X Yes (Pleas provide an explanation and details. `e 5°f'i.Frrr r IUD i'�-4e fir lcs .s4, �^ 1"7�^ r' / a 7Zv7 ce o . /'c—o I—I� 1 No (Please proceed. to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? X Yes (Please provide an�.explanationn and details. o C.P-� - `-ke �S I LQ_` t 11 e rg l v ° �- c w 1� 1n s r S 1 r� ' ) crs+ No (Please proceed to Question 7) N ' e a 9 I 7. WIII the proceeds provides direct financial benefit to to organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? • Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Date 9 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 15, 2002 AGENDA ITEM NO. 21 ITEM TITLE TEMPORARY USE PERMIT — SOUTH BAY COMMUNITY CHURCH FALL FESTIVAL PREPARED BY Claudia Caro, Permit Tech DEPARTMENT Building and Safety EXPLANATION This is a request from the South Bay Community Church to conduct a fall festival in the church parking lot located at 2400 Euclid Ave. from 6 p.m. to 9:30 p.m. on Thursday, October 31, 2002. The event will consist of carnival style game booths, concession stands, inflatable fun zones, an obstacle course and boxing ring. The church band will perform in the parking lot. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. Environmental Review X N/A Financial Statement The City has incurred $150.00 in processing this Temporary Use Permit Application. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: Thursday, October 31, 2002 TIME OF EVENT: 6 p.m. to 9:30 p.m. APPROVALS: FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 9/3/02) CONDITIONS OF APPROVAL FIRE 336-4550 1. The application refers to the use of charcoal. If charcoal is used for cooking, there shall be provided, metal cans with metal lids marked, "Hot Coals Only". 2. The use of canopies less than 400 square feet is acceptable. However, the use of the "pop - ups" described will require a minimum of 10 feet separation between each canopies. 3. No emergency access shall be blocked at anytime during this event. FINANCE 336-4330 1. A business license is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each separate vendor must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 2. A list of all participating vendors (with their address, phone numbers and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. A = American Food Booth B = Boxing Ring C = Coffee House (gym window) %Restrooms I = Information Booth (Handicapped Accessible) ' G = Two Game Booths J = Jousting Arena , . , K = Kids' Bounce House M = Mexican Food (kitchen) • 0 = Obstacle Course P = Puppet Show S = Stage . 7 \ \ 7 , \ 7, SP = Speed Pitch \ \ , \ 7 , \ Y = Youth Group Booth , , S. 7 7 7 s D = Dumpster \ Tables & Chairs . \- , 7- 7 7 • \ \ god,. \ s‘G\ Indoor' tyr \ - 7 \ N S. Outdoor, \ Parking SP \ \ \ G ..., ,..- 7 \ 7 7-G < 7 7\ V' 0.. .') ,- \<„7, / G„,- „0,,.0 7‘. 7...\ \ z0:;;?'.7-/G 2 \ \ "G ,/ 4r, , ^ \ Z . (7 _.."),...4. 7" \ `.- z - \ \ -<07 ,zG V 7-' tp,o), z \ \z,- Entrance \ --\(- Disabled Parking Generator Parking D Entrance To Parking Type of Event: _ Public Concert Parade Motion Picture _ Fair / Festival -Community Event _ Demonstration _ Circus — Block Party _ Grand Opening _ Other Event Title: Fa // vot Event Location: 24.00 Euclid Avenue, (SO - h Bail Gerr)mi, , (Vitt' ' Event Date(s). Fro .q 3/s 02 'to/C /Z/ 1 `f Total Anticipated Attendance: 0 •J Month/Day/Year (_Participants) ( Spectators) Actual Event Hours: 6/,rr) am/ i�m to 9-'30 //�am� Setup/assembly/construction Date: 1.6/ 3/42- Start time: 7a'1/7 Please describe the scope of your setup/assembly work (specific details): 5e pep -tip cahap,-rs / tub/es C/'LFu`YS sirtye are,e7 arl d Q(-ccor a'40ns Dismantle Date: 1°/3i/°9-- Completion Time: /!• 3t am/@) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. nto Sponsoring Organization: SouOII gaj 1Ofl ri (47/ ( enure Chief Officer of Organization (Name) DAVlcl JCfl-CS Applicant (Name):R I rfh _RiZo Address: 2400 EI4CfLai rrdPt�i!( _ For Profit Not -for -Profit Daytime Phone: (ell 2b 7 `5500Evening Phone: On 1.12-C- 7Z/ Fax: (6/1 26 7-33" Contact Person "on site" day of the event: RI.I%I RlCzott- ager/ ellular: J$� - T25 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): VYES / NO YES Y NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Fall 'va / cros sss S carniva / s !Lb' /e 9a-17u- .b©o , ,tw o can cess; )rn s kas a 671-40 c for oar chum band PeirPrio co and for announce re-0 k ' LQe mach . 5f716 ICCq -of 1/1Ve wi ll 1,04 ve isi / icable -Pun zones in our- yyvrinas'Cnn and a 7u'-roc' culs/CL Tho-e b-c- a c a Fe n o-e a i vIS tCLe.. ti n e eu. a ne `ft 'tom g y ki4 The. Fur -post, of -114e tvevf is`17) ffv, Our c")1;b avid -�Gce 'eat. /'1 es o f c u r ceyo rri un i 9 CK s cf-C av2 cl laan cifm ©sp he r,-e., as are a /I ; n a i, , l l u l l o-,/u._e.tki xiJ, 11--1- Las"- di d jus# t c i -/-: was a. si`,acc'_c SS. gears_ YES NO If the event involves the sale of cars, will the cars come exclusively from A 61 National City car dealers? If NO, list any additional dealers involved in the sale: yl/ _ YES ✓NO Does the event involve the sale or use of alcoholic beverages? V YES NO Will items or services be sold at the event? If yes, please describe: Con lops emci �� FIB figets �r Io,ctieo' plus a o-(L des/me ,ever-) _ YES VNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. V YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. V YES _ NO Does the event involve the use of tents or canopies? If YES: 1 Number of tent/canopies I I+ Sizes `I; X $ I� X 1 � -t 1zx 124z NOTE: A separate Fire Department permit is required for tents or canopies. YES VNO Willthe event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Conce'si©17 SI J 1' If you intend to cook food in the event area please specify the method: �©tea GAS ELECTRIC V CHARCOAL ✓ OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: .1 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: E'-) 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: c(ea r7-up crew is sch?dccied �%l ou�hoct F The- ntS 1t do -T°1- G Gee C� s ail d a eziAel t. ,vi c ✓ 4-earn lS sch �Lu 7 ,(1/ d o fhe 644, / dea Ii 2p . 3 Please describe your procedures for both Crowd Control and Internal Security'. we have q se cur. i feat m-eo) -fhaf- av1e e9 ui` /oee, reio/103 Mcf Visi b,e sAiris near Led "sECvl✓,7 ' et 1d fw' Die cht o-rA'cers wi I( 10e wed b arnvnd er#r pr&Pera _ YES 1/NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: duce Security Organization: 11/ Security Organization Address: 0 Security Director (Name): vi Phone: 11 /G( F./YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Pa rki'k19 (of ► ki WI' 11 ke av) a lon jr 61.711 sage i9c� ri� * -0ooc1 ( hi - Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. RYA e, %cf Will be a vet(a b►.e a our ,`vi Ayala 4-l04 boo /1 alit c4 rtlr se ea`,feavn has been, 1ris-f uc-t-ed !,andte alqJ Nil of r .r11 ueffevsts Please describe your Accessibility Plan for access at your event by individuals with disabilities: We hcr- des%put-E--�a! handicupped , r-k,� reslnoms. 141/-e44e1. w}11 heron -rrUn4 /•ew.e I - Please provide a detailed description of your PARKING plan: IlVe hccvk, . a-01p1e- parh'no our prtPer etvtd DfF- szf pGtrkr'n� avc,/a bled Please describe your plan for DISABLED PARKING: 1)&4 b/ c/ Glr not J,S clear rn rt r k ec/l in our jot. A Please describe your plans to notify all residents, businesses and churches impacted by the event: Daf- -Ff 2 INKS ia ar,' k •-ev-e_+5 put .ij � bU,�i� L{ei�S vp Pegs+ems of ti-eav �, busineess-mac, NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: Type of Music: IS�i`R h 1/YES — NO Will sound amplification be used? If YES, please indicate: Start time: er,pith am/Finish Time 9': 30 am/Re VYES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 30 am/'ie Finish Time am/ t6i Please describe the sound equipment that will be used for your event: sound ,L sys%n YES VNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: V YES — NO Any signs, banners, decorations, special lighting? If YES, please describe: enesty-/OW'«-I'�© ®f ovrreer /0t QM. fra.nLi_ Fes vq[ act 3/ la- 61.30Prr Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: UiLD;NG AND SAFETY DEPT, RECEIVED Au G 3 0 2002 NATIONAL CITY, CALIF. Kathleen Trees, Director Building & Safety Department Date Received Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? V Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization vt1i Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? jot Yes (Please proceed to Question 4) 17 No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. V No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. ✓ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) c Signature OV Date 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity VI (' Address v (q Telephone I e Date(s) of Use I/ iq HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. faL Signature of Applicant - (�Mis�r i7oc Official Title Date st% vq /©2 For Office Use Only Certificate of Insurance Approved Date City of National City, California COUNCIL AGENDA STATEMENT October 15, 2002 MEETING DATE AGENDA ITEM NO. 22 / ITEM TITLE TEMPORARY USE PERMIT —SEAFOOD CITY SUPERMARKET- FILIPINO-MEXICAN GRAND KARAOKE COMPETITION PREPARED ByClaudia Caro, Permit t T Tech. DEPARTMENT Building and Safety EXPLANATION This is a request from Seafood City Supermarket to conduct their annual Filipino -Mexican singing contest and grand karaoke competition in the parking lot in front of the store. The event will be held Saturday, October 26, 2002 from 10:00 a.m. until 10:00 p.m. The event will consist of a singing contest with prizes and giveaways. The event is free and no food will be given away or sold. Environmental Review N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: Annual Filipino -Mexican Singing Contest DATE OF EVENT: October 26, 2002 TIME: 10:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Fire Department access to fire lanes, fire hydrants and all Fire Department connections shall be maintained at all times during this event. 2. Emergency access shall be maintained at all time. FINANCE (336-4330) 1. If vendors will be present on this event, a Business License is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. POLICE (336-4400) 1. At least one professional security guard must be assigned to the event. Type of Event: Public Concert Fair _ Festival _ Community Even _ Parade _ Demonstration Circus Block Party ®Motion Picture _Grand Opening _ Other SINGING CONTEST Event Title: 10th Year Fiesta Filipina—Mexicana Grand Karaoke Competition Event Location: SEAFOOD CITY SUPERMARKET Event Date(s): From Actual Event Hours: Month/Day/Yaar 10.00am/pm to 10.00 amlpm Total Anticipated Attendance: 800 Setup/assembly/construction Date: Oct. 25 Start time: ( Participants) ( Spectators) 9:00 a.m. Please describe the scope of your setup/assembly work (specific details): stage Dismantle Date: Oct. 27, 2Wnpletion Time: 12:00 am/pm List any street(s) requiring closure as a result of this event. include street name(s), day and time of closing and day and time of reopening. n/a Sponsoring Organization: SEAFOOD CITY' SUPERM RKET Chief Officer of Organization (Name) PEDRO SANCHEZ For Profit Not -for -Profit Applicant (Name): SEAFOOD CITY SUPERMARKET Address: 1420 E. Plaza Blvd., National —City, CA 91950 Daytime Phone: (611 477-6080 Evening Phone: () Fax: (619) 470-0613 Contact Person "on site" day of the event:PEDRO SANCHEZ/DANNY .BUNGAY Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1. Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES„please explain the purpose and provide amount(s): _ YES X NO YES X NO $ n/a Estimated Gross Receipts including ticket, product and sponsorship sales from this event, n/a Estimated Expenses for this event. n/a What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. SINGING CONTEST: CHILDREN & ADULT and GUEST PERFORMERS YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car r dealers? If NO, list any additional dealers involved in the sale: n/a V VY' V V V V V V _ YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO, Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES , NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the e of tents or can9igg?� .ILYES: Number of tent/canopies 'j Sizes ��CC Qp NOTE: A separate Fire Department permit is required for tents or canopies. YESPk ill the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: n/a if you intend to cook food In the event area please specify the method: _ GAS __ELECTRIC CHARCOAL _ OTHER (Specify): y Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: HAVE JANITORS FROM THE STORE WHO WILL CLEAN AFTER THE EVENT. 3 Please de€ibe your procedures for both Crowd Centro! and Internal Security: b PcTh h 10 1 n Prig 9'i0G-r, G" c>0 t3i` -,,,_ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: L YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: ALL DAY EVENT Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. i i'lL ie, (Nr-A, ITV cANPOYL-01Cv1 Please describe your Accessibility Plan for access at your event by individuals with disabilities: a D.c p i6 cif ik-c, Please provide a detailed description of your PARKING plan: HAVE ENOUGH Please describe your plan for DISABLED PARKING: n urvi 4 Q- p1s u-0 Please describe your plans to notify all residents, businesses�and churches impacted by the event:Pq'kf •Wrl., i i P t NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. X YESNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music, Number of Stages: 1 Number of Bands: 1 Type of Music: X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 10:00 am/pm Finish Time 10: 00 am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 10:00 Om Finish Time 10:00 amam/pm Please describe the sound equipment that will be used for your event: Karaoke YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: BANNER AND BUNTING Revised 10/3/01 5 For Office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 SU1LD;NG AND SAFETY DEp1'. RECEIVED SEP 1 t 2002 NAT:oNAL ctr-, c.AL,F-. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization SEAFOOD CITY SUPERMARKET Person in Charge of Activity PEDRO SANCHEZ/DANNY BUNGAY Address 1470 E. Plaza Blvd., National City, CA 91950 Telephone 619-477-6080 Date(s) of Use Oct. 26, 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the,use of public property or the activity taken under the permit by the permilit•r its agents, employees or contractors. Signature of pplicpnt STO•i= •r• •GER Cg.4 04— Date Official Title ' or rce se n y Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 15, 2002 AGENDA ITEM NO. 23 / ITEM TITLE TEMPORARY USE PERMIT — PENTECOSTAL MISSIONARY CHURCH OF CHRIST — NATIONAL CONVENTION. PARADE Claudia Caro, Permit Technician Building & Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from the Pentecostal Missionary Church of Christ (2410 E 86 St) to conduct a parade on Saturday, October 19, 2002 from 3:00 p.m. until 4:30 p.m. The event will consist of a motorcade with 60 cars with balloons and banners. A map of the route is attached. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. Environmental Review N/A Financial Statement The City has incurred $241 in costs processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a "temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING YES [ x ] FIRE YES [x ] PUBLIC WORKS YES [ x ] FINANCE YES [ x ] POLICE YES [ x ENGINEERING YES [ x ] CITY ATTORNEY YES [ x RISK MANAGER YES [ x ] NO [ ] (National City & San Diego Transit were notified via fax September 17, 2002) Pentecostal Missionary Church of Christ National Convention -Motorcade Parade Saturday, October 19, 2002 3:00 p.m. until 4:30 p.m. NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO [ ] NO[ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ x] SEE CONDITIONS [ x] CONDITIONS OF APPROVAL: POLICE 336-4543 1. Applicant should hire a professional motorcade escort service; Police Department does not have resources to escort a motorcade. 2. Participants MUST observe all state traffic laws during event. FIRE 336-4550 1. The application attempts to describe the route. However, there will need to be an ACCURATE description of the EXACT parade route. ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with contractors in the event of a construction in the vicinity of the motorcade. Please call James at (619) 336-4380. CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. One million dollars for auto liability insurance including non -owned and hired auto. 3. That the City of National City and it's officials, employees, agents and volunteers be named as additional insured on each policy. 4. Standard hold harmless signed (Done). PUBLIC WORKS 336-4580 1. Banners and posters may not be posted on the Public Right of Way. 2. Public Works will not be involved in function. FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 2. A list of all participating vendors is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration _ Grand Opening _ Festival Circus ✓Other Nlaiet-ee. Community Event Block Party Event Title: a ' U'l ld t-61. i 1/USLt t �1,f G(I v I fl�a)� Event Location: ` (f E. g�.S 4 a ��l 6 C,Pc Q O z� � �I Event Date(s): From I0l i►q, to to! 1q Total Anticipated Attendance: (00 G,fivt-- Month/Day/Year ( VParticipants) ( Spectators) Actual Event Hours: 3 am/ o to 4.30 am/ Qm Setup/assembly/construction Date: ) 0 J i 2. Start time: Please describe the scope of your setup/assembly work (specific details): (UL} . C(Jll�4 W o }IG 0 - drib ck emicul to Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event: Include street name(s), day and time of closing and day and time of reopening. Mg VkiecirA) Sponsoring Organization:. PontiAPSIMI 11A,ls51 C,fh) L H Of- For rrofit J r Not -for -Profit Chief Officer of Organization (Name) IR.ovntQ,na CR} a Applicant (Name): Address: 2410 E. 84h Stt wir jali ma I C..1 +j / or 617 ks O Daytime Phone: (kill) D-aA Evening Phone: ((III) /70""-?Fax: () Contact Person "o r ite' ay of the event: {' OWtita. Cyt I ait) I Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? ✓YES NO Are admission, `entry; vendor or participanf fees required?` , j YES ✓f NO 1,t If YES, please explain the purpose and provide amount(s)1 0y, 444s6L 4 $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. rrtmt, gfrk Sft•g4 We„yroHl-LuvrL kelj bin Oivi io N S1V / A,4Ktift,,,&-"54- 1,1+(m 30- c �,�P o ,, �. n . mn t� & j ,� ors btkhil �;'n J �P S , �r��c�,�.. k/. fkl'hQ;[ � n�..:D f � IM _pM �n I ft1'b1.S C 4 L e1) YES \/NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: .2 YES /NO Does the event involve the sale or use of alcoholic beverages? YES ✓NO Will items or services be sold at the event? If yes, please describe: YES _ NO Does the event involve a moving route of any kind along streeti, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the / direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES "NO Does the event involve the use of tents or canopies? If YES: YES /NO Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ` rR. > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas 6 (p Please describe how food will be served at the event: �V If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL _ OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the plic• during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES 40 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ✓NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. elitGo,ek it,f v,, ti Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: N/A- Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: .A_ k al, poo4c4- . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. AYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number /of stages, number of bands and type of music. Number of Stages:�Ji//r Number of Bands: Type of Music: (' J M / pkoic.- ✓YES NO Will sound amplification be used? If YES, please indicate: (C.Q1-0,0 key Start time: am/pm Finish Time am/pm vY'ES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: [Car do kc, YES O Fireworks, rockets, or other pyrotechnics? If YES, please describe: ✓YES _ NO Any signs, banners, decorations,``�speccial lighting? If YES, please describe: fkiuj,LL Vv o ruw Revised 10/3/01 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Date Received cc a DIVISION g u�i `uy Qoio ;o 20 a12ND a —ay D O 1ST u ¢ ST. �® W > a 11111011111 111 GAMIN • E.® 0U 1111111111111111 1.. R..�►: CE Tfl •-' :. E"y`'�el.vD.■ELE ENT H00 ST. I m u O HERITAGE SQUARE �T f>. 0 a a O a S a COMMUNITY LIBRARY S .CENTER O g CIVIC CENTER .9 '4 I KIMBALL. • m ST. PARK m ST. rr r i IRESI ST. a ■ BS PLAYERS THEATRE 61 a POST F FIC NATIONAL CITY JOHN J . HIGH SCHOOL ELEMENT ST. .. SCHOO 19TH ST. 2.1TH ST. iRORE OR. ORRELL r OR. 26TH OL VE ELEMEN SCHO 4 ST. ATI CH 3 STttt v SOUTH BAY PLAZA SHOPPING CENTER 12TH ST. IRVING CT. 30TH IJ I ST. ARASI CT. •L ISTIAN N• TIO CHO PFI ROSELAWN ST. GRANGER HALL ELTOVON ELEMENTAR TER SCHOOL° 7TH 18002 TERRY LN. MELROSE EL TOYAN PARK S PALMI EMENTA SCHOOL -LAS PALMAS PARK SWEETWAI SWIMMING P00 A W w S ( VIA LAS -� PALMAS e10 TOWN & COUNTR' h...S HOPPING CENTER-. t ST. KENTON ST. H 2 H 9TH ST. A 19TH ST. ST. C RANG▪ ER R. HIGH SCHOOL a CHAFFS ST. WILMA ST. Oq y EBBS PL. S B 2 MARIPO i a 3100E ELEMENTARY. SCHOOL a BOLIVAR GAA YCOUR CQP dott DU ST 7TH AVE GREWIA S ARRI84 CIA. ST. ST. ST. ST. SAN DIEGO PA•�I.y. ACADEMY DI1. ILL DR. VALLEY HOSPITAL 19TH a LINCO ACRES ELEM NTAP.Y r FIRE SC 00 L STATION ■ `▪ I, FI 1ATH ST. 15TH ST. RIDGEWAY LINCOLN CEM ETA LA VIS 7 32ND ST COBURN ST. 1 0 S m H 0 DAISY AVE. DAIS, ROPE S m' q BOX RE qti OR City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signatur o plicant 7-1 Official Title gill 171" Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? t/ Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Questionn3. A-e.toStr tC �l`S S 10� �a Name of the sponsoringorganization 01-WRa f.(sT Type of Organization Rt (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) 1- No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit toan individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. /No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 2 AGENDA ITEM #24 NO ADDITIONAL BACK-UP FOR THIS ITEM AGENDA ITEM #25 NO ADDITIONAL BACK-UP FOR THIS ITEM